Agenda 03/12/2013 Item # 8B Proposed Agenda Changes
Board of County Commissioners Meeting
March 12,2013
Continue Item 6B to the March 26,2013 BCC Meeting: This item continued from the February 26,2013
BCC Meeting. Public Petition request from Randall J.Cohen regarding practices and procedures.
(Petitioner's request)
Move Item 8A to Item 9A: This item to be heard at 1:00 p.m. This item requires that ex parte
disclosure be provided by Commission members.Should a hearing be held on this item,all
participants are required to be sworn in.Recommendation to approve the Creekside Commerce Park
Commercial Planned Unit Development amendment. (Staffs request)
Move Item 8B to Item 9B: This item to be heard at 2:00 p.m. This
item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
to approve the Top Hat Auto Commercial Planned Unit
Development amendment. (Staffs request)
Continue Indefinitely Item 11C: Recommendation to review the history and public benefit associated
with the proposed Whippoorwill Lane and Marbella Lakes Drive connection project,consider current
comments from the public and after consideration,provide direction to the County Manager or his
designee prior to soliciting an invitation to bid for this project. (Staffs request in conjunction with
the Homeowners Association request in order to further evaluate traffic impacts and the appropriate
timing of improvements.)
Note
Item 10H: Recommendation is modified,in part,as follows: "...the applicant shall not be
affiliated directly,nor indirectly with any local hospital,or,in the alternative,must be affiliated with
all local hospitals..." (Commissioner Hiller)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
Item 11B to be heard at 11:00 a.m.
Item 14A1 to be heard at 11:15 a.m.
Item 8A 9A to be heard at 1:00 p.m.
Item 8B-9B to be heard at 2:00 p.m.
3/20/2013 3:59 PM
3/12/2013 8.B.
EXECUTIVE SUMMARY,
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
PUDZ-A-PL20120000726, The Top Hat Auto Commercial Planned unit Development (CPUD), an
Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance
No. 2004-41, as amended, the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from the Princess Park Planned Unit Development Zoning District
to a Commercial Planned Unit Development (CPUD) Zoning District for an 11.36+/- acre parcel to
be known as the Top Hat Auto CPUD, to allow construction of an automotive sales facility with
associated repair services, on property located at 6780 Airport Road North in Section 1, Township
49 South, Range 25 East, Collier County, Florida; providing for repeal of Ordinance No. 84-34, as
amended,the Princess Park PUD; and providing an effective date.
OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding the petition; and
ensure the project is in harmony with all the applicable codes and regulations in order to ensure
that the community's interests are maintained.
CONSIDERATIONS: The subject site, originally known as Princess Park PUD, was approved
in Ordinance Number 84-34 on April 24, 1984 and amended in Ordinance Number 90-53 on
June 12, 1990. (Please see attached Ordinance Number 84-34 and Ordinance Number 90-53.)
The petitioner proposes a new Ordinance, the Top Hat Auto CPUD, and the repeal of Ordinance
No. 84-34, as amended, the Princess Park PUD.
The original Princess Park PUD was approved for indoor and outdoor recreation which includes
uses such as an indoor video game room, a bumper boats pond, go-cart racing,batting cages, and
a swimming pool. The maximum height of the structures in the original Princess Park PUD was
30 feet. The Princess Park PUD hours of operation are from noon to 9 p.m. on Sunday, 10 a.m.
to 10 p.m. on Monday through Thursday, and 10 a.m. to midnight on Friday and Saturday. The
access to the subject site for the Princess Park PUD and the proposed Top Hat PUD is from the
same location on Airport Road. (Please refer to the Aerial on page 5 and Master Plan on page 3
of the Staff Report.)
As noted above, the petitioner is seeking to construct a new automotive sales facility to allow for
new automotive sales (SIC Code 5511) along with associated repair services which include:
automotive exhaust system repair shops (Group 7533); tire repair shops (Group 7534);
automotive glass replacement shops (Group 7536); automotive transmission repair shops (Group
7537); general automotive repair shops (Group 7538); automotive repair shops, not elsewhere
classified (Group 7539); a car wash and used motor vehicle dealers (Group 5521). The proposed
maximum building zoned height is 35 feet and the actual building maximum height is 47 feet.
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3/12/2013 8.B.
The subject site proposes a 15-foot wide Type B landscape buffer with a 6-foot height wall
where it abuts the residential portions of Lone Oaks PUD. A 20-foot wide Type D landscape
buffer is proposed along Airport Road, and a 10-foot wide Type A landscape buffer is proposed
along the commercial zoned properties.
FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build out, will maximize its authorized level of
development, however, if the PUD amendment is approved, a portion of the land could be
developed and the new development will result in an impact on Collier 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 identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
Comprehensive Planning staff has found that the new (proposed) zoning district to be the same
or a lower intensity commercial zoning district as the existing zoning district. Furthermore,
Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use
Element. A more detailed description of the GMP consistency is contained in the Staff Report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC heard petition PUDZ-A-PL20120000726, Top Hat Auto CPUD on January 17, 2013, and
continued it until the February 7, 2013 CCPC hearing to allow the petitioner to meet with
concerned neighbors to further resolve issues that they might have. At the January 17, 2013
CCPC hearing,the CCPC requested the following stipulations (Staff clarification is in brackets):
1. The hours of operation will be:
- 7 a.m. to 8 p.m. Monday thru Friday for sales,
- 7 a.m. to 6 p.m. Monday thru Friday for service,
- Until 5 p.m. Saturday and Sunday for sales and service.
2. There will be a 500-foot rear yard setback for principal and accessory structures.
3. The car wash blowers will be located on the west side of the building and will meet the
car wash criteria in the LDC.
4. Lighting will be shielded from the neighborhood surrounding the property. There will be
two types of lighting:
- Display lighting
- Security
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3/12/2013 8.B.
No lighting will be located past point`B"on the Master Plan.
5. The 6-foot high wall will be located in the 15-foot wide landscape buffer along the north
and east property lines.
6. There will be no lighting around the lake.
7. Delete Tire Retreading and Accessory Use#8.
8. The Loading Area will be located along the north side [of the property] only.
9. The bay doors will be speed doors with an auto closure.
The Chairman also requested that the PUD document clarify the request is for C-4 uses and not
for C-5 uses.
These conditions have been incorporated into the PUD document.
The CCPC heard this petition again at the February 7, 2013 hearing and by an 8 to 0 vote,
recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to the following conditions:
1. Lighting will be directional type,pointed downward and shielded. The limit of the spill
of light over the residential property line will be .5-foot candle or less.
2. The car wash will be enclosed; the equipment will not operate while the car wash doors
are open.
3. Master Plan and PUD exhibit revisions:
a. Exhibit A: Tract A,Principal Uses: New cars only. (Remove used cars.)
b. Exhibit F: New Planning Commitment"j:" "Lone Oak Boulevard will not be
used for test driving."
c. Exhibit C: Master Plan:
i. Relocated loading area from north side of parking area to east and south
sides of parking area.
ii. Strike through the word"ect." In the building setback footnote.
d. Exhibit G: Section Views. (Add the sections shown at the CCPC hearing.)
4. Note the two locations of the loading areas on the Master Plan.
5. The wall vegetation detail will become part of the record. Select groupings of trees will
be used along the wall. No bald cypress trees or sabal palms will be used. Resolve the
list of proposed trees by the time of BCC hearing. (See 3.c. above).
6. The display lighting will have timers that will reduce the display lighting to security level
lighting at 11 p.m.
7. There will be no gasoline tanks on the property.
8. The security lighting will be at 50% display lighting lumens (instead of the previous
25%).
9. The 8-foot high wall will be located (in the northern Type B buffer)to a point 100 feet
past the car wash,where it will drop to a 6-foot high wall.
The CCPC approval recommendation was unanimous. While letters of opposition and a petition
opposing the proposed automobile dealership signed by 98 residents has been received, Staff has
received a report that some of the opposition has dissipated since the CCPC hearing. This
petition remains on the Regular Agenda.
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3/12/2013 8.B.
LEGAL CONSIDERATIONS: [Quasi-judicial, Four-fifths vote for approval]
This is a site specific rezone from the Princess Park Planned Unit Development Zoning District
to a Commercial Planned Unit Development (CPUD) Zoning District for a project to be known
as the Top Hat Auto CPUD. The burden falls upon the applicant to prove that the proposed
rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of
County Commissioners (BCC), should it consider denying the rezone, to determine that such
denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by
finding that the proposal does not meet one or more of the listed criteria below.
Criteria for CPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: 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.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies
of the Growth Management Plan.
4. Consider: 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.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with CPUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
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3/12/2013 8.B.
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed CPUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested CPUD Rezone result in the possible creation of an isolated
district unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change 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?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used in
accordance with existing zoning? (a"core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
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3/12/2013 8.B.
24. Consider: 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.
25. Consider: The impact of development resulting from the proposed CPUD rezone 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 [Code
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the CPUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by
the County Attorney's Office. This item has been reviewed for legal sufficiency and is legally
sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further
recommends that the Board of County Commissioners approve the request for PUDZ-A-
PL20120000726, Top Hat Auto CPUD subject to staff's and the CCPC conditions of approval as
previously stated in the CCPC Recommendation section of this Executive Summary.
Prepared by: Nancy Gundlach, AICP, RLA
Planning&Zoning
Attachments: 1) Staff Report
2)Application
3) TIS
4)Letters of Objection and Signed Petition
5) Ordinance 84-34
6) Ordinance 90-53
7) Ordinance
AOrk
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3/12/2013 8.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.8.B.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve PUDZ-A-PL20120000726,The Top Hat Auto Commercial Planned
unit Development (CPUD), an Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 2004-41, as amended,the Collier County Land
Development Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or
maps by changing the zoning classification of the herein described real property from the
Princess Park Planned Unit Development Zoning District to a Commercial Planned Unit
Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as the Top Hat
Auto CPUD,to allow construction of an automotive sales facility with associated repair services,
on property located at 6780 Airport Road North in Section 1,Township 49 South, Range 25 East,
Collier County, Florida; providing for repeal of Ordinance No. 84-34, as amended,the Princess
Park PUD; and providing an effective date.
Meeting Date: 3/12/2013
Prepared By
Name: GundlachNancy
Title: Planner,Principal,Comprehensive Planning
2/12/2013 5:08:35 PM
Approved By
Name: BosiMichael
Title:Manager-Planning,Comprehensive Planning
Date: 2/13/2013 3:12:42 PM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 2/20/2013 3:39:18 PM
Name: BellowsRay
Title: Manager-Planning,Comprehensive Planning
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3/12/2013 8.B.
Date: 2/22/2013 8:46:13 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/26/2013 1:25:12 PM
Name: AshtonHeidi
Title: Section Chief/Land Use-Transportation,County Attor
Date: 2/27/2013 4:33:59 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/28/2013 3:36:49 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/1/2013 3:42:53 PM
Name: OchsLeo
Title: County Manager
Date: 3/3/2013 10:37:44 AM
Packet Page-377-
3/12/2013 8.B.
AGENDA ITEM 9-A
Co er County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: PLANNING&ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: JANUARY 17, 2013
SUBJECT: PUDZ-A-PL2012000726, TOP HAT AUTO CPUD
(COMMERCIAL PLANNED UNIT DEVELOPMENT)
PROPERTY OWNER& APPLICANT/AGENT:
PROPERTY OWNER &APPLICANT: CONTRACT PURCHASER:
Bic's Investment Corp. Top Hat Holdings LLC.
6780 Airport Pulling Road North 1471 Airport Pulling Road North
Naples,FL 34109 Naples, FL 34104
AGENTS:
Mr. Tim Hancock, AICP Mr. Bruce Anderson, Esquire
Davidson Engineering Roetzel &Andress
3530 Kraft Road Suite 301 850 Park Shore Drive
Naples, FL 34105 Trianon Centre, Third Floor
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider an
Ordinance to change the zoning classification of the herein described real property from the
Princess Park PUD (Planned Unit Development) Zoning District to a Commercial Planned Unit
Development (CPUD) Zoning District for an 11.36+/- acre parcel to be known as the Top Hat
Auto CPUD, to allow construction of an automotive sales facility with associated repair services,
providing for repeal of Ordinance No. 84-34, as amended, the Princess Park PUD; and providing
an effective date.
TOP HAT AUTO CPUD,PUDZ-A-PL2012000726
January 2,2013
Packet Page -378-
3/12/2013 8.B.
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PROPOSED MASTER PLAN
3/12/2013 8.B.
GEOGRAPHIC LOCATION:
The subject 11.36+/- acre Planned Unit Development is located on the east side of Airport-Pulling
Road (C.R. 31), approximately 1/4 mile south of Orange Blossom Drive at 6780 Airport Road
North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. (See the
Location Map on page 2.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject site, originally known as Princess Park PUD, was approved in Ordinance Number 84-
34 on April 24, 1984 and amended in Ordinance Number 90-53 on June 12, 1990. (Please see
Attachment A: Ordinance Number 84-34 and Ordinance Number 06-50.) The petitioner proposes
a new Ordinance, the Top Hat Auto CPUD, and the repeal of Ordinance No. 84-34, as amended,
the Princess Park PUD.
The original Princess Park PUD was approved for indoor and outdoor recreation which includes
uses such as an indoor video game room, a bumper boats pond, go-cart racing,batting cages, and a
swimming pool. The maximum height of the structures in the original Princess Park PUD was 30
feet. The Princess Park PUD hours of operation are from noon to 9 p.m. on Sunday, 10 a.m. to 10
p.m. on Monday through Thursday, and 10 a.m. to midnight on Friday and Saturday. The access
to the subject site for the Princess Park PUD and the proposed Top Hat PUD is from the same
location on Airport Road. (Please refer to the Aerial on page 5 and Master Plan on page 3.)
As noted above, the petitioner is seeking to construct a new automotive sales facility to allow for
new and used automotive sales (SIC Code 5511) along with associated repair services which
include: automotive exhaust system repair shops (Group 7533); tire retreading and repair shops
(Group 7534); automotive glass replacement shops (Group 7536); automotive transmission repair
shops (Group 7537); general automotive repair shops (Group 7538); automotive repair shops, not
elsewhere classified (Group 7539); and top, body, and upholstery repair shops and paint shops
(Group 7532). As stated at the NIM (Neighborhood Information Meeting), the current dealership
hours are until 7 p.m. most days, 5 p.m. on Saturdays and 4 p.m. on Sundays and are expected to
be similar in this new location. The proposed maximum building zoned height is 35 feet and the
actual building maximum height is 47 feet.
The subject site proposes a 15-foot wide Type B landscape buffer with a 6-foot height wall where
it abuts the residential portions of Lone Oaks PUD. A 20-foot wide Type D landscape buffer is
proposed along Airport Road, and a 10-foot wide Type A landscape buffer is proposed along the
commercial zoned properties.
SURROUNDING LAND USE AND ZONING:
North: Commercial offices abutting the western half of the north property line, then an entrance
drive and lake on 89.6 +/- acres of mixed-use development: 2+/- acres commercial and
87.6+/- acres residential with 604 multi-family dwellings, zoned Lone Oak PUD, (aka
Walden Oaks).
TOP HAT AUTO CPUD,PUDZ-A-PL2012000726
January 2,2013
Packet Page -381-
3/12/2013 8.B.
East: Roadway, then multi-family residences on 89.6 +/- acres of mixed-use development: 2+/-
acres commercial and 87.6+/- acres residential with 604 multi-family dwelling units,
zoned Lone Oak PUD, (aka Walden Oaks).
South: Business park offices on 11.3+/- acres commercial, zoned Willow Park PUD.
West: Airport Pulling Road North(C.R. 31), a 6-lane roadway, then 404 multi-family residential
units on 34 +/-acres, zoned Keystone Place PUD.
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AERIAL PHOTO
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element: The subject property is located within the Urban designated area
(Urban—Urban Mixed Use District,Urban Residential Subdistrict) as identified on the countywide
Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict
does not allow commercial uses at this location. However, the existing Princess Park PUD,
approved for amusement park use in 1984, pre-dates the 1989 adoption of the GMP and is deemed
"consistent by policy." Policy 5.1 of the Future Land Use Element (FLUE) provides that the
zoning of such properties may be changed so long as the new zoning district is not of a greater
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intensity than the existing zoning, and provided the overall intensity of the proposed zoning district
is not of a greater intensity than the existing zoning — as determined by a comparison of public
facility impacts. The petitioner submitted a companion Official Interpretation (OI) petition
requesting a determination of consistency with FLUE Policy 5.1 (petition CPI-PL20120001364,
see Attachment C). That OI petition includes a comparative analysis of zoning districts, and
public facility impacts, between the amusement park use allowed by the existing Princess Park
PUD zoning and a new auto sales facility use as proposed in the subject PUDZ-A (Planned Unit
Development Rezone Amendment) petition. Staff recently issued its determination fording that
the OI petition is deemed consistent with FLUE Policy 5.1.
FLUE Policy 5.1 states, in relevant part:
Policy 5.1:
All rezonings must be consistent with this Growth Management Plan. For properties that
are zoned inconsistent with the Future Land Use Designation Description Section but
have nonetheless been determined to be consistent with the Future Land Use Element, as
provided for in Policies 5.9 through 5.13,the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided
the new zoning district is the same or a lower intensity commercial zoning district
as the existing zoning district, and provided the overall intensity of commercial land
use allowed by the existing zoning district, except as allowed by Policy 5.11, is not
exceeded in the new zoning district.
*** *** text break *** *** ***
e. Overall intensity of development shall be determined based upon a comparison of wok
public facility impacts as allowed by the existing zoning district and the proposed
zoning district.
The below excerpt from the OI determination letter provides the Policy 5.1 analysis.
FLUE Policy 5.1 contains a two-part test. Below is staff's analysis and determination of
each part.
Part I: Is the new zoning district the same or a lower intensity commercial zoning district
as the existing zoning district?
This evaluation requires a comparison of existing and proposed uses as they are listed in the
commercial zoning districts - lowest zoning classification - in the Collier County Land
Development Code (LDC). The existing Princess Park PUD permits specified indoor and
outdoor recreation and amusement uses:
• Building for office, maintenance, storage, ticket sales, snack bar, recreation room and
similar uses
• Mini golf course
• Go cart track
• Bumper boats
• Batting cages
• Aero-ball
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• Remote control boats
• Swimming pool
• Outdoor skating track
• Boat rental
• Video games in enclosed building
• Similar and compatible recreational uses approved by the Zoning Director.
The LDC lists the following uses: Mini golf— permitted conditional use (CU) in C-3; Coin
operated amusement devices —permitted CU in C-3, permitted by right in C-4; Amusement
and recreation services, indoor -permitted by right in C-4; Amusement parks -permitted CU
in C-4; Go-cart track-permitted CU in C-4.
AND
Motor vehicle dealers, new only-permitted by right in C-4; Motor vehicle dealers, used only
-permitted CU in C-4.
Conclusion: The new (proposed) zoning district is the same or a lower intensity commercial
zoning district as the existing zoning district.
Part II: Is the overall intensity of commercial land use allowed by the existing zoning
district not exceeded in the new zoning district(based upon a comparison of public facility
impacts as allowed by the existing zoning district and the proposed zoning district)?
It is important to note that FLUE Policy 5.1e. refers to the existing zoning district, not
existing development. The applicant correctly compares what is allowed to be developed
under the existing Princess Park PUD zoning on the site, not the actual development that
exists on site. Also, it should be noted that the existing PUD zoning includes several
integrated uses, rather than the more typical independent uses. For example, the snack
bar/restaurant is not freestanding, rather is within the building with arcade games - seating is
shared by the snack bar and those using the games as well as other patrons and guests.
The applicant provided a comparative analysis of public facility impacts indicating the
following:
Arterial and collector roads — reduction in weekday p.m. peak hour trip generation by 122
trips
Drainage—no change
Potable water and sanitary sewer—reduction in daily demand of 5,920 gallons per day
Solid waste—reduction
Parks and recreation—no change/no impact.
Staff concurs that there is a decrease in road trips and water/sewer consumption/generation,
and no increase for drainage and parks and recreation, but that solid waste generation will
increase with the proposed use. However, this increase does not outweigh reductions for
other public facilities.
Conclusion: The overall intensity of commercial land use allowed by the existing zoning
district is not exceeded in the new zoning district.
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Relevant FLUE policies are stated below (in italics); each policy is followed by staff analysis (in
bold).
FLUE 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.
The proposed CPUD fronts, and has access to, Airport-Pulling Road (C.R. 31), an arterial
road.
FLUE Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals.
The proposed CPUD Master Plan depicts a single use for this site; access throughout the site
is via parking lot aisles and drives.
FLUE Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their
interconnection points with adjoining neighborhoods or other developments regardless of land use
type.
All surrounding properties are developed - Lone Oak PUD to north and east, Willow Park
PUD to south -precluding interconnections.
FLUE 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.
This criterion is mostly not applicable. The proposed CPUD must provide no less than the
minimum amount of open space as required in the Land Development Code.
FLUE Policy 5.4
New developments shall be compatible with, and complementary to, the surrounding land uses as
set forth in the Land Development Code.
Please see the compatibility analysis in the Analysis section of this Staff Report
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that there is a decrease in the p.m. peak hour trip
generation. Therefore the adjacent roadway network has sufficient capacity to accommodate this
project within the 5 year planning period. Staff recommends that the subject application can be
found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan.
Please note that the staff recommendation to find this consistent with Policy 5.1 of the
Transportation Element of the GMP is based upon the comparison performed by the County
Transportation Staff involving only the p.m. peak hour trip generation, as compared with the p.m.
peak hour roadway capacity that is demonstrated in the AUIR (Annual Update and Inventory
Report).
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The a.m./peak hour trip generation and daily trip generation volumes do not require analysis to be
found consistent with Policy 5.1 of the Transportation Element; rather these numbers are for
operational analyses only.
Airport Road Impacts:
The first concurrency link on Airport Road(C.R. 31)that is impacted by this zoning amendment is
Link 2.2, between Orange Blossom and Pine Ridge Road (C.R. 836). This segment of Airport
Road (C.R. 31) currently has a remaining capacity of 1,103 trips, and is currently at LOS "C"
(Level of Service "C") as reflected by the 2012 AUIR.
Please note that Link 2.2 is within the Northwest TCMA (Transportation Concurrency Manage-
ment Area).
Conservation and Coastal Management Element (CCME): Environmental Services Staff
reviewed this petition and determined that the proposed amendment to be consistent with the
Conservation and Coastal Management Element.
Based upon the above analysis of FLUE policies, and the analysis of proposed uses,
Comprehensive Planning staff finds the proposed CPUD to be consistent with the FLUE.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition including the criteria
upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5,
Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and
Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as
"Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use
the criteria to support their action on the rezoning request. An evaluation relative to these
subsections is discussed below, under the heading "Zoning and Land Development Review
Analysis." In addition, Staff offers the following analyses:
Environmental Review: Environmental Services Staff reviewed this petition and the subject site
has been cleared for agriculture since 1975, prior to any County clearing (or preservation)
regulations. The proposed amendment will not have any impact on environmental issues.
Similarly, the Environmental Advisory Council did not review this petition because the proposed
changes do not have any impact on environmental issues.
Transportation Review: Transportation Division Staff has reviewed this petition and recommends
approval subject to the Development Commitment that the project access remain in its current
location and subject to a continuous northbound right turn lane.
Utility Review: The Utilities Department Staff has reviewed this petition and recommends
approval subject to the Development Commitments contained in Exhibit "F" of the proposed
CPUD document.
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Zoning and Land Development Review: Relationship to Existing and Future Land Uses: A
discussion of this relationship, as it applies specifically to Collier County's legal basis for land use
planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP.
The proposed change is to allow construction of an automotive sales facility to allow for New and
Used Automobile Sales and Service (SIC 5511).
The use group is described as follows:
Establishments primarily engaged in the retail sale of new automobiles or new and used
automobiles. These establishments frequently maintain repair departments and carry
stocks of replacement parts, tires, batteries, and automotive accessories. These
establishments also frequently sell pickups and vans at retail.
Specific uses allowed in this SIC Code classification include the following:
Automobile agencies (dealers)—retail Motor vehicle dealers, new and uses cars—retail
Automobiles, new and used—retail Pickups and vans,new and used--retail
Cars,new and used—retail
As previously stated,the petitioner is also seeking the following accessory uses:
1. Automotive Exhaust System Repair Shops(Group 7533)
2. Tire Retreading and Repair Shops (Group 7534)
3. Automotive Glass Replacement Shops (Group 7536)
4. Automotive Transmission Repair Shops (Group 7537)
5. General Automotive Repair Shops (Group 7538)
6. Automotive Repair Shops,Not Elsewhere Classified(Group 7539)
7. Top,Body, and Upholstery Repair Shops and Paint Shops (Group 7532)
8. Uses and structures that are accessory and incidental to an automotive sales facility.
9. Display of new and used automobiles for sale, provided it does not adversely affect
pedestrian or vehicular traffic or public health. Vehicle display is prohibited within any
required landscape buffer, and allowed within front, side and rear yard setbacks.
One deviation from the Collier County Land Development Code (LDC) is being sought with this
amendment. Please see the Deviation Discussion section of this Staff Report for further
information.
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PUD FINDINGS:
LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning
Commission shall make findings as to the PUD Master Plan's compliance with the following
criteria:"
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
Comprehensive Planning Staff has reviewed the proposed automobile sales facility with
associated repair services and has found it to be similar in impact as the current indoor and
outdoor recreational theme park. The proposed project would also comply with County
regulations regarding drainage, sewer, water and other utilities. Therefore, the site is
suitable for the proposed development.
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, which were reviewed by the County Attorney's
Office, demonstrate unified control of the property. Additionally, the development will be
required to gain site development approval. This 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 GMP.
County Staff has reviewed this petition and has offered an analysis of the relevant goals,
objectives and policies of the GMP within the GMP discussion of this staff report. Based on
that analysis, Staff is of the opinion that this petition can be found consistent with the overall
GMP.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
Staff believes that this proposed automobile facility will not be any less compatible than the
current indoor and outdoor recreational theme park. The automobile facility will locate its
repair services within closed buildings, which will reduce some of the site noise. The
proposed automotive facility hours will begin and end earlier than the current
indoor/outdoor recreational theme park. The proposed building height of 35'/47' (zoned and
actual height) is higher than the current 30' height. However, the existing landscape
buffering within the Walden Oaks community along with the proposed landscape buffering
of the automobile facility should obscure views of the proposed automotive development
from Walden Oaks.
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5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The existing open space set aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Currently, the roadway infrastructure has adequate capacity to serve the proposed project
at this time, i.e., the GMP is consistent at the time of rezoning as evaluated as part of the
GMP Transportation Element consistency review. In addition, the project's development
must comply with all other applicable concurrency management regulations when
development approvals are sought.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
If "ability" implies supporting infrastructure such as wastewater disposal system, potable
water supplies, characteristics of the property relative to hazards, and capacity of roads,
then the subject property has the ability to support expansion 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 one deviation 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 believes that the deviation proposed can be
supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has
demonstrated that "the element may be waived without a detrimental effect on the health,
safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has
demonstrated that the deviation is "justified as meeting public purposes to a degree at least
equivalent to literal application of such regulation." Please refer to the Deviation Discussion
portion of the staff report for a more extensive examination of the deviation.
REZONE FINDINGS:
LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and
recommendations of the planning commission to the Board of County Commissioners...shall show
that the planning commission has studied and considered proposed change in relation to the
following when applicable." (Staff's responses to these criteria are provided in bold font):
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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.
The Comprehensive Planning Department has indicated that the proposed PUD amendment
is consistent with all applicable elements of the Future Land Use Element (FLUE) of the
Growth Management Plan (GMP).
2. The existing land use pattern.
This amendment will not affect the existing land use pattern. The existing land use pattern
will remain the same.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Not applicable. The district boundary is existing and established.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the
property proposed for change.
Not applicable. The districts are existing and established.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The proposed change is not necessary,per se; but it is being requested in compliance with the
LDC provisions to seek such changes because the petitioner wishes to allow construction of
an automotive sales facility with associated repair services in lieu of the current indoor and
outdoor recreational theme park.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
As noted in the GMP Consistency Review, the overall intensity of commercial land uses
allowed by the existing zoning district is not exceeded in the proposed zoning district.
Therefore, Staff is of the opinion that the proposed change will not adversely impact the
living conditions in the neighborhood.
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 proposed amendment will not adversely impact traffic circulation.
8. Whether the proposed change will create a drainage problem.
The proposed amendment will not affect drainage. Furthermore, the site is subject to the
requirements of Collier County and the South Florida Water Management District.
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9. Whether the proposed change will seriously reduce light and air to adjacent areas.
If this petition were approved, any subsequent development would need to comply with the
applicable LDC standards for development or as outlined in the PUD document. This
project's property development regulations restrict the zoned building height to 35 feet and
actual height to 47 feet. Therefore the project should not significantly reduce light and air to
adjacent areas; thus the development proposed, if approved, should not negatively affect
light and air permeation into adjacent areas.
10. Whether the proposed change would 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.
Properties adjacent to the subject site are already partially developed. The basic premise
underlying all of the development standards in Exhibit "B" of the PUD document and the
Land Development Code is that their sound application, when combined with the site
development plan approval process and/or subdivision process, gives reasonable assurance
that a change in zoning will not result in deterrence to improvement or development of
adjacent property. Therefore, the proposed 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 contrasted 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 property already has a PUD zoning designation and could be developed within the parameters of
that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC
provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate
through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD
district 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.
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The proposed PUD is not out of scale with the needs of the 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 may be other sites in the County that could accommodate the uses proposed; however,
this is not the determining factor when evaluating the appropriateness of a PUD rezone. 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.
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.
Any development anticipated by the PUD document would require site alteration. This
project will undergo evaluation relative to all federal, state, and local development
regulations during the SDP (Site Development Plan) process and 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 GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The development will have to meet all applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities for the project. It must be consistent with all applicable
goals and objectives of the GMP regarding adequate public facilities. This petition has been
reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of
the rezoning process, and that staff has concluded that no Level of Service will be adversely
impacted.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem
important in the protection of the public health, safety and welfare.
To be determined by the BCC during its advertised public hearing.
Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC.
The deviation is found in PUD Exhibit E.
Deviation #1 seeks relief from LDC Section 5.05.08 C.9.b, "....Freestanding buildings within a
PUD...." which requires all facades for a freestanding building within a PUD to be treated as a
primary façade, to allow only wall planes facing Airport road to be treated as primary facades.
Petitioner's Rationale: The project will be visible from Airport Road but not from any other
exterior roadways. The access drive for Walden Oaks will border the north property line, but the
required Type `B' buffer will visually screen the site at eye level within one year of development.
The project is a single use project with multiple buildings but is not a typical `outparcel'
development. Therefore, requiring all four sides of the building to meet primary façade standards
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would result in significant additional expenditures for the property owner and no measurable
benefit to the community.
Staff Analysis and Recommendation: The LDC states that primary facades on the ground floor
must have features along a minimum of 50 percent of their horizontal length. These features
include, but are not limited to: arcades, display windows, entry areas, or other similar design
elements. A minimum of two of seven listed design features are required on each primary facade.
In addition to the primary facade requirements, the LDC requires that all facades, including those
that are not primary facades, include "design treatments" (LDC Section 5.05.08.C.5.c.). Also,
"blank wall" areas may not exceed 200 square feet (LDC Section 5.05.08.C.8.b.). Deviations are
not being sought for the design treatments and blank wall limitations. Therefore, if the deviation is
granted for those facades that do not face Airport Pulling Road, these facades will be required to
feature design treatments and that blank wall areas be limited, as required by the LDC.
Therefore, Planning & Zoning Review staff recommends approval, finding that, in compliance
with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived
without a detrimental effect on the health, safety and welfare of the community" and LDC Section
10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations."
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant duly noticed and held the required meeting on October 16, 2012 at 5:30 p.m. at the
Collier County Public Library at 2385 Orange Blossom Drive. Approximately 50-60 people from
the community along with the applicant, agent and County Staff attended the meeting. For further
information please see Attachment D, "Creekside Commerce Park CPUD Neighborhood
Information Meeting" (NIM) synopsis prepared by the applicant.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed the staff report for Petition PUDZ-A-PL2012000726
on January 2, 2013.
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUDZ-A-PL2012000726 to the Board of County Commissioners
with a recommendation of approval of this amendment.
Attachments:
A. Ordinance
B. Ordinance Number 84-34 and Ordinance Number 90-53
C. Official Interpretation petition CPI-PL201200013 64
D. NIM Synopsis
E. Letter of Objection
F. SIC Codes
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PREPARED BY:
Li 1t A �.1_��J, I Pet,. `2 22I�
NANCY G 'D g H, AICP,PRINCIPAL PLANNER DATE
GROWTH AGEMENT DIVISION
REVIEWED BY:
A x- I - "Z-6- 11-
RAYMO V. BELLOWS, ZONING MANAGER DATE
GROWT MANAGEMENT DIVISION
MICHAEL BOSI, AICP, DIRECTOR DATE
GROWTH MANAGEMENT DIVISION
APPR8VEO BY f �+
NICK CASALANGUIDA, ADMINIST'v►� TO DATE
GROWTH MANAGEMENT DIVISION
Tentatively scheduled for the March 12, 2012 Board of County Commissioners Meeting
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Co er County
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239) 252-2400 FAX (239)252-6358
www.colliergov.net
APPLICATION FOR PUBLIC HEARING FOR
❑-AMENDMENT TO PUD(PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ-A)
PETITION NO
PROJECT NAME To be completed by staff
DATE PROCESSED
APPLICANT INFORMATION
NAME OF APPLICANT(S) Bic's Investment Corp.
ADDRESS 6780 Airport Pulling Road North CITY Naples STATE FL ZIP 34104
TELEPHONE # (239)643-3673 CELL# FAX#
40 E-MAIL ADDRESS: tztamiami @aol.com
NAME OF AGENT R. Bruce Anderson, Roetzel & Andress Law Firm
ADDRESS 850 Park Shore Drive, 3rd Floor CITY Naples STATE FL zip 34103
TELEPHONE # (239) 649-2708 CELL# FAX# (239) 261-3659
E-MAIL ADDRESS: banderson @ralaw.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
-.too
February 4,2011
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Co tIll'r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.colliergov.net
ASSOCIATIONS I
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: Walden Oaks Homeowners Association
MAILING ADDRESS 7098 Lone Oak Blvd CITY Naples STATE FL Zip 34109
NAME OF HOMEOWNER ASSOCIATION: Property Association of North Collier County
MAILING ADDRESS 141 West Avenue CITY Naples STATE FL ZIP 34108
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
S
February 4,2011
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Co er County
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collieraov.net
I = Disclosure of Interest information I
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. (Use additional sheets if necessary).
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
Bic's Investment Corp., a Florida Corporation
- Robert Bickle, President and Treasurer 50%
-Deborah Bickle,Vice President and Secretary 50%
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
•
February 4,2011
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Coder county
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.colliergov.net
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
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
Top Hat Holdings, LLC 100%
Shelia Zellers,Manager&co-Trustee of theRobert Tim Zellers Revocable Trust dated 12/10/01 50% •
Robert Zellers,Manager&co-Trustee of the Robert Tim Zellers Revocable Trust dated 12/10/01 50%
Date of Contract:
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
•
February 4,2011
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9*! C9nty
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collierciov.net
g. Date subject property acquired ® leased ❑ Term of lease yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option: 3/20/2012
Date option terminates:3/2°/2°13 , or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing, it
is the responsibility of the applicant, or agent on his behalf,to submit
a supplemental disclosure of interest form.
PROPERTY LOCATION
Detailed legal description of the property covered by the application: (If space is inadequate, attach
. on separate page.) If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four(4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE:The applicant is responsible for supplying the correct legal description. If questions arise concerning
the legal description,an engineer's certification or sealed survey may be required.
Section/Township/Range 01 /49 /25
Lot: Block: Subdivision:
Plat Book: Page#: Property I.D.#: 00235320005
Metes&Bounds Description: See attached survey & legal description.
Size of property: ft. X ft. =Total Sq. Ft. Acres 11.36 ac
Address/general location of subject property: 6780 Airport Pulling Road North
PUD District(LDC 2.03.06): ❑ Residential ❑ Community Facilities
❑ Commercial ❑ Industrial
•
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Cofer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.colliernov.net
ADJACENT ZONING AND LAND USE I
Zoning Land Use
N Lone Oak PUD(Ord.89-30) 2 acres of Developed Commercial &604 Residential Units
$ Willow Park PUD Developed Commercial at 110,602 sq ft
E Lone Oak PUD(Ord.89-30) 2 acres of Developed Commercial &604 Residential Units
1N ROW Airport Pulling Road North/ROW
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section/Township/Range / /
Lot: Block: Subdivision:
Plat Book Page#: Property I.D.#:
Metes &Bounds Description: •
REZ , UST
This application is requesting a rezone from the zoning districts)to the
zoning district(s).
Present Use of the Property: King Richards Family Fun Park
Proposed Use(or range of uses) of the property: Automotive sales facility with associated repairs
Original PUD Name:Princess Park Ordinance No.: 90-53
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$ Qonty
• COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collierstov.net
EVALUATION CRITERIA
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the
Board of County Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the criteria noted
below. Include any backup materials and documentation in support of the request.
PUD Rezone Considerations (LDC Section 10.02.13.B)
1. The suitability of the area for the type and pattern of development proposed in relation to physical
characteristics of the land, surrounding areas,traffic and access, drainage, sewer,water,and other
utilities.
Please see attached Exhibit"Q"for PUD Considerations.
2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or
other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense. Findings and
• recommendations of this type shall be made only after consultation with the county attorney.
Please see attached Exhibit"Q"for PUD Considerations.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan. (This is to include identifying what Sub-district, policy or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that
Sub-district,policy or other provision.)
Please see attached Exhibit"Q"for PUD Considerations.
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.
Please see attached Exhibit"Q"for PUD Considerations.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
Please see attached Exhibit"Q"for PUD Considerations.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Please see attached Exhibit"Q"for PUD Considerations.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
Please see attached Exhibit"Q"for PUD Considerations.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
• particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations. AtEak-
Please see attached Exhibit"Q"for PUD Considerations.
February 4,2011
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9Qunty
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE •
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collierclov.net
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions.You may wish to contact the civic or property owners association
in the area for which this use is being requested in order to ascertain whether or not the request is affected
by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public hearing been held
on this property within the last year? ❑ Yes ❑ No
If so,what was the nature of that hearing?
Official Interpretations or Zoning Verifications: To your knowledge,has there been an official
interpretation or zoning verification rendered on this property within the last year? ❑Yes ❑ No
If so,please provide copies.
NOTICE: •
This application will be considered "open" when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. The application will be
considered "closed" when the petitioner withdraws the application through written notice or
ceases to supply necessary information to continue processing or otherwise actively pursue the
rezoning for a period of six (6) months. An application deemed "closed" will not receive further
processing and an application "closed" through inactivity shall be deemed withdrawn. An
application deemed "closed" may be re-opened by submitting a new application, repayment of
all application fees and granting of a determination of "sufficiency". Further review of the project
will be subject to the then current code. (LDC Section 10.03.05.0.)
February 4,2011
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PUD CONSIDERATIONS
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.
Response: This petition seeks to convert 11.36 acres of land, currently known
as the Princess Park PUD, to permit the use of the property as an
automotive sales facility with associated repairs. Access to the site
will be via Airport Pulling Road North. North of the subject
property is a 2 acre commercial development,part of the Lone Oak
PUD, and common elements that support an adjacent residential
development. To the East is a residential component of the Lone
Oak PUD and to the South is an existing commercial office
development known as Willow Park The proposed project will
comply with all buffer requirements set forth in the Collier County
Land Development Code, with the exception of one deviation
requested. Central water and sewer services exist in this area and
the proposed project will not adversely affect the current Level of
Service (LOS) for any public utilities. The current use is at an
• intensity including hours of operation and ambient noise that is far
more intensive than the proposed use. Despite the fact that the
existing use pre-dates the surrounding development, the proposed
land use change will result in increased compatibility with
adjacent properties.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those proposed,
particularly as they may relate to arrangements or provisions to be made for the
continuing operation and maintenance of such areas and facilities that are not to be
provided or maintained at public expense. Findings and recommendations of this
type shall be made only after consultation with the county attorney.
Response: Evidence of Unified Control has been provided. The applicant is a
contract purchaser. The proposed project with be privately owned
and the property owner will be responsible for the provision and
maintenance of all facilities on-site.
3. Conformity of the proposed PUD with the goals, objectives and policies of the
growth management plan.
Response: This property was deemed consistent with the GMP via Policy 5.9
since the commercial development preceded the adoption of the
current GMP. Furthermore, the Collier County GMP promotes
Top Hat Auto CPUD-Exhibit Q -1- August 1,2012
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DAVIDSON
higher intensity development in the Urban Residential Area,
located in near proximity to public utilities and an adequate
roadway network. By converting an existing commercially zoned
parcel to another compatible commercial use, the need for virgin
land to serve development needs is reduced.
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.
Response: The proposed PUD complies with the minimum buffering
requirements for commercial facilities located adjacent to office or
residential development as applicable, except for one deviation
that is requested. Furthermore building location and land use
restrictions contained in the PUD such as repair services being
located in an enclosed area serve to reduce noise related impacts
on adjacent properties. At present noise is generated until as late
as 10:00 PM by go-carts and other outdoor uses. Exhibit B of the
PUD contains development standards that are key to achieving a
high degree of compatibility, particularly with respect to the
existing operation. It is important to note that at the time of
original development of the site in the mid-1980's, the adjacent •
properties were undeveloped. As such any potential for
incompatibility was created by the development that occurred over
time, adjacent to the subject site and was not due to a change in
use of the subject property. The proposed uses, setback
requirements and maximum building height are consistent with
adjacent land uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Response: The subject property is currently developed; the proposed project
will meet or exceed the required open space per 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.
Response: The project will comply with the County Adequate Public Facilities
Ordinance where applicable. The site will be served by Collier
County Public Utilities for water and sewer.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
1111
Top Hat Auto CPUD-Exhibit Q -2- August 1,2012
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FNGIN F.FRINf.
• Response: There are no adjacent parcels suitable for expansion of the
existing or proposed use.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
of justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Response: The proposed PUD Amendment complies with all applicable
regulations set forth in the Collier County Land Development
Code, except where noted in the deviations section of the PUD.
• n4K,
•
Top Hat Auto CPUD-Exhibit Q -3- August 1,2012
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Top Hat Auto CPUD- Justification to Deviation
1. Deviation #2 seeks relief from LDC Section 5.05.08C.9.b. requiring all
facades for a freestanding building within a PUD to be treated as a
primary facade. Only wall planes facing Airport road shall be required to
be treated as primary facades.
Justification: The project will be visible from Airport Road but not
from any other exterior roadways. The access drive for Walden Oaks
will border the north property line, but the required Type `B' buffer
will visually screen the site at eye level within one year of
development. The project is a single use project with multiple
buildings but is not a typical `outparcel' development. Therefore,
requiring all four side of the building to meet primary façade
standards would result in significant additional expenditures for the
property owner and no measurable benefit to the community.
Top Hat Auto CPUD-Justifications to Deviations 1
EXHI BIT"O" www.davidsonenginecring.com
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DEDAVIDSON ENGINEERING,INC.
3530 KRAFT ROAD, SUITE 301 TOP HAT HOLDINGS, LLC.
DAVIDSON NAPLES,FL 34105
ENGINEERING PH 060 EXHIBIT E: AERIAL LOCATION MAP
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EXHIBIT 'G '
Detailed Description of Why this Amendment is Necessary
The subject property consists of ±11.36 acres and is currently zoned PUD. The
existing Princess Park PUD was originally zoned in 1984 to allow for indoor and
outdoor recreation in a setting similar to a small scale amusement park. The site
qualified for commercial use under the Comprehensive Plan in effect at the time.
When the GMP was amended in 1989, existing commercial uses were deemed
'consistent' with the GMP via Policy 5.1. Changes in use to properties that were
deemed consistent by Policy are permitted, subject to an analysis of impacts to
public facilities. The proposed land use does not represent a significant or
adverse impact to public facilities.
Collier County staff has opined through an application for and Official
Interpretation that the proposed use is consistent with Policy 5.1. In addition to a
reduction in trip generation, water and sewer demand and overall intensity, the
proposed use will have hours of operation more consistent with retail uses. As
stated at the NIM, current dealership hours are 7pm most days, 5pm on
Saturdays and 4pm on Sundays and are expected to be similar in this location.
The CPUD Amendment is necessary to add "Automotive Dealerships" as a
permitted use to the PUD. The PUD was approved with a narrow use category
which contains uses (outdoor recreation) that are permissible only as Conditional
Uses in C-4 and C-5 zoning. The proposed use is permissible as a Conditional
Use in C-4 zoning and a permitted use in C-5 zoning.
Top Hat CPUD- Exhibit"G"
Revised November 16, 2012
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ENGINEER NG
Summary of Level of Service (LOS)Analysis
The existing King Richard's project located at 6780 Airport Pulling Road North in Collier
County. Under the current Planned Unit Development zoning (Ordinance #90-53), the
existing parcel is improved with multiple structures and both indoor and outdoor
amusement activities. For this analysis, the site will be conceptually developed to the
maximum standards using the current project zoning and the proposed zoning (pending
rezone).
The proposed Multi-purpose Recreation Facility (current zoning) consists of the
following proposed recreation/amusement activities at build-out:
Miniature Golf(18 holes) 15,500-square feet
Restaurant/ Kitchen and Bar 12,500-square feet
Arcade/Games Area 10,000-square feet
Office/Repair and Service 5,000-square feet
Go Kart Racing 20,000-square feet
Children's Center(Activity Area) 2,500-square feet
Total 65,500-square feet
• The proposed Automotive Dealership Facility (proposed zoning) consists of the
following:
Main Automobile Showroom and Parts 26,845-square feet
Service Area 21,155 (29 bays)
Car Wash and Detail Area 4,000-square feet (4 bays)
Secondary Automobile Showroom 5,250-square feet
Secondary Service Area 7,750(8 bays)
Total 65,000-square feet
The Capital Improvement Element of the Growth Management Plan establishes Levels
of Service for the following:
Arterial and Collector Roads
Surface Water Management Systems
Potable Water Systems
Sanitary Sewer Systems
Solid Waste Disposal Facilities
Parks and Recreation Facilities
Public School Facilities
Each of the areas will be examined in this summary report.
•
Exhibit S- LOS Comparative Analysis 1
P Y www.davidsonengineering.com
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Arterial and Collector Roads
The project's traffic impacts are compared in the full trip generation included as Exhibit
E in the application. The proposed automotive dealership at build-out has a significantly
lower daily traffic volume than the conceptual multi-purpose recreation facility at build-
out.
Table 1 - Project Trip Generation (Net New)—Average Weekday
PM Pk Hour
New Car Sales 65,000 sf 66 103 169
Proposed Net New Trips (-)63 (-)2 (-)65
The traffic volume generated by the proposed automotive dealership is more than 25%
lower than the daily volumes generated by the current site's zoning (recreation /
amusement) if the proposed recreation facility was constructed. Please see Exhibit E for
the full analysis. •
Surface Water Management Systems
Currently the site's surface water management system involves a lake for attenuation
and a network of pipes / structures for collection which was previously permitted by
Collier County. The proposed surface water management system will be designed and
approved according to criteria established by the South Florida Water Management
District (SFWMD). SFWMD standards for commercial development far exceed those for
the existing development and will require that storm water run-off meet minimum pre-
treatment criteria as outlined in the Basis of Review.
The site will be limited by a maximum discharge rate intended to mirror historical
discharge rates in the pre-development stage or those established by SFWMD for this
area of Collier County. Therefore, no level of service issues are created by either of the
proposed site build-out conditions with respect to surface water management.
Exhibit S-LOS Comparative Analysis 2 www.davidsonengineering.com
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ENGIN lER NG
4111 Potable Water and Sanitary Y Sewer Systems
The proposed build-outs will be served by Collier County Public Utilities; the same
operating entity for the existing amusement site. Build-out conditions are shown in
each table of calculations below. The recreational demands are significantly higher than
those created by the proposed automotive dealership. In fact, the Multi-purpose
Recreation Facility would generate more than two (2) times more water and sewer
usage than the proposed Automotive Facility. In this instance this equates to more than
6,000 gallons per day greater than the demand generated at build-out of the
Automotive Facility.
Table 1—Proposed Multi-Purpose Recreation Building Demand Calculations
.-4 .'64'P MAX
'r°AREF►z , ,, Demand` ' >. ..,:r. DAILY
..., k. SF or ,.,t Per SF-1 ;v.DAILY ..DEMAD*''.
Per -'^+is_
_w'Unit DEMAND,r PEAK
BUILDING Unit ^M USE{Unit) '1 -(GPD) (GPD) (GPM)
1 18 Miniature Golf(18 holes) 15 270 .75
1 150 Restaurant/Kitchen(150 Seats) 40 6,000 16.67
1 100 Bar(100 Seats) 20 2,000 5.56
1 60 Arcade/Games(60 Units) 15 900 2.50
• 1 5,000 Office/Repair&Service 0.15 750 2.08
1 20 Go Kart Racing(20 Units) 15 300 0.83
1 2,500 Children Activity Center 0.15 375 1.04
Total 10,595 29.43
Note:
1. Based on Florida Administrative Code(FAC)64E-6 System Size Determinations
2. **Peak factor of 4 as calculated per Figure 1-Ratio of Peak Hourly Flow to Design Average Flow,"Recommended
Standards for Wastewater
3. Miniature Golf(15,500SF);Restaurant/Kitchen/Bar(12,500SF);Arcade/Pool(10,000SF);Office/Repair&Service
(5,000SF);Go Kart Racing(20,000SF);Children's Center(2,500 SF)
Table 2—Proposed Automotive Dealership Building(s) Demand Calculations
47::i-' ,.:41,-,;: r Water DEMAND ;.MAX DAILY
Closets or% BUILDING. PER UNIT DEMAD**
BUILDING `Washes Recycled USE USE'"(GPD) :':µ -(GPD) PEAK(GPM)
1 N/A 8 Showroom/Office 250 2,000 5.56
1 6 Service 100 600 1.67
II
2 75 80% Car Wash/Detail 45 675 1.88
3 N/A 4 Showroom /Office 250 1,000 2.78
3 4 Service 100 400 1.11
Total 4,675 12.99
Note:
1. Based on Florida Administrative Code(FAC)64E-6 System Size Determinations
2. Car Wash will recycle 80%of water used per wash/assumed 75 cars per day and 45 Gallons per Car(per
manufacturer)
3. **Peak factor of 4 as calculated per Figure 1-Ratio of Peak Hourly Flow to Design Average Flow,"Recommended
Standards for Wastewater
• ..-.
Exhibit S-LOS Comparative Analysis 3 www.davidsonengineering.com
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Solid Waste Disposal Facilities •
Solid waste is provided by Waste Management, a private contract provider. Commercial
accounts are charged by the service provider directly with rates set by the Board of
County Commissioners through contract negotiation with the provider.
The Florida Department of Environmental Protection does not have solid waste
generation numbers for the existing use. However, since the proposed Multi-purpose
Recreation Building will include a restaurant (food court), kitchen, and bar it can be
assumed that this will be a considerably higher generator of solid waste when compared
to the Automotive Facility. This must be a significant factor when comparing the two
facilities.
Parks and Recreation Facilities
Both of the proposed build-outs have no impact on Parks and Recreation Facilities. The
level of service is not significantly or adversely impacted by either of the proposed build-
outs.
Public School Facilities
Both of the proposed build-outs have no impact on Public School Facilities. The uses will •
not impact school attendance. The level of service is not significantly or adversely
impacted by either of the proposed build-outs.
Fire and EMS Facilities
The proposed build-outs have no measurable impact on Fire and EMS Facilities. It
should be assumed that newer buildings will be constructed to current NFPA and
building code standards which may reduce the likelihood of related calls. The level of
service is not significantly or adversely impacted by either of the proposed build-outs.
i
Exhibit S-LOS Comparative Analysis 4 www.davidsonengineering.com
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Coer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.colliergov.net
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
I •APPUCANTINFORMATION
NAME OF APPLICANTS) Robert Bickle, President, Bic's Investment Corp.
ADDRESS 1471 Airport Pulling Road North CITY Naples STATE FL ZIP 34104
TELEPHONE# (239) 643-3673 CELL# FAX#
E-MAIL ADDRESS: tztamiami @aol.com
ADDRESS OF SUBJECT PROPERTY(IF AVAILABLE): 6780 Airport Pulling Road North
LEGAL-DESCRIPTION 1
Section/Township/Range 01 / 49 /25
II/ Lot: Block: Subdivision:
Plat Book Page#: Property I.D.#: 00235320005
Metes& Bounds Description: See attached survey& legal description.
I .; TYPE OF SEWAGE DISPOSAL TO BE PROVIDED
(Check applicable system):
COUNTY UTILITY SYSTEM p
a. CITY UTILITY SYSTEM ❑
b. FRANCHISED UTILITY SYSTEM ❑
PROVIDE NAME
c. PACKAGE TREATMENT PLANT ❑
(GPD capacity)
d. SEPTIC SYSTEM ❑
I TYPE OF WATER SERVICE TO BE PROVIDED I
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM ❑
c. FRANCHISED UTILITY SYSTEM ❑
PROVIDE NAME
• d. PRIVATE SYSTEM (WELL) 0
February 4,2011
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S&9! tY
COLLIER COUNTY GOVERNMENT
2800 NORTH HORSESHOE DRIVE 4111
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collierqov.net
Ta��',.,,,.mt .,.,. s Qi.
�,,;,�� " �°� r C inn. N/A;See attached table.
A. WATER-PEAK 12.996 GMP AVERAGE DAILY 4,675 GPD
B. SEWER-PEAK 12.996 GMP AVERAGE DAILY 4,675 GPD
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED See attached narrative.
IdatiaTITSTMEFA Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
CQ,iL#ER„ L1UN #. -,:4:-6"..i6C:Afid*141511ENtti If the project is located within the
services boundaries of Collier County's utility service system, written notarized statement shall
be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage
collection facilities within the project area upon completion of the construction of these facilities
in accordance with all applicable County ordinances in effect at the at time. This statement
shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
STA"tEMEN O "I`A L ., feCAPA PR+CC' i!„► , ' Unless waived or
otherwise provided for at the pre-application meeting, if the project is to receive sewer or
potable water services from any provider other than the County, a statement from that
provider indicating that there is adequate capacity to serve the project shall be provided.
•
February 4,2011
Packet Page-414-
3/12/2013 8.B.
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Packet Page-415-
3/12/2013 8.B.
Statement of Utility Provisions- Narrative •
If proposing to be connected to Collier County Regional Water System, please provide a date service is
expected to be required.
Response: An exact date is not known at this time. Connection to existing utilities is
contingent on rezone and future development order approval.
Narrative Statement: Provide a brief and concise narrative statement and schematic drawing of sewage
treatment process to be sued as well as a specific statement regarding the method of affluent and
sludge disposal. If percolation ponds are used,then percolation data and soil involved shall be provided
from test prepared and certified by a professional engineer.
Response: The sanitary sewage will be collected throughout the proposed site with a series of
gravity pipes and manholes. The pipes will direct the flow towards existing sewer service
connections within the right-of-way(currently provide service to the existing on-site facilities).
Collier County Utility Dedication Statement: If the project was located within the services boundaries of •
Collier County's utility service system, written notarized statement shall be provided agreeing to
dedicate to Collier County Utilities the water distribution and sewage collection facilities within the
project area upon completion of the construction of these facilities in accordance with all applicable
County ordinances in effect at that time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County Utilities Division
prior to the issuance of building permits by the County. If applicable, the statement shall contain an
agreement to dedicate the appropriate utility easements for serving the water and sewer systems.
Response: Utility service and subsequent statement of dedication is contingent upon rezone
and future development order approval.
Statement of availability capacity from other providers.
Response: N/A
•
Packet Page-416-
3/12/2013 8.B.
Frost Davidson Engineering 239 434 8054 03/23/2012 1S;23 3010 P.uu r.r uuc
•• •1
COLUERIXIUNTY GOVERNMENT =I NORTH HORSESHOE DRIVE
0 ADDRESSING DEPARTMENT
NAPLES,ROMA 34104
--'271 •1
-i. :,.., 4'
Please Dom eta the follow(ng and fax to the Addressing Department at 233-252.67241 or submit in person to the
Addressing bepestnent at the above edmes. .,IJI JO 1.1 *..- y•LL-.. ..L •••JI....'J 1• ...i...i i 'I.J .. "IL. It•10-:1.1•JI
M311100Jdundilwidelim
Not at items will apply to every project. Items In brad type are required. Forme older than S months will require
additional review end approval the Addressing Department
PETITION TYPE(check peton type below,complete a separate Addtvealog Chaddst kr each Peron T)ps)
BL(Stealing§ SDP pie Development Plan)
•
BD(goat Dock Extension) SDPA(SDP Amend/net)
fl Cernivelfeirous Permit easi(Insubehmtlel Change to SDP) . .
Cal(CondMonal Use) SIP(Elte Improvement Plan)
MP(Exoavadon Permit) •SIPI(Insubstantial Change to SP)
PP(Pled Plat .,• MR(Sitreetliarne Clime)
El LtA(Lot Line Adjustment) SNC Meet Name Change-Unplatted)
• ID P40(Project Name Change) • , TDR cane&of Devekoment Rights)
D PM L(Plans&Plat Review) VA(Verbose)
Ca PSP(Preliminary Subdivision Rat) VRPVegetation Removed Permi)
ai PLID Rezone VR1-IPP(Vegetation Removal&See FE Fsermit)
U RZ(Standard Rezone) i• OTHER GMPA&PUDA .
se•smmseir ,
LEGAL DESGRIpTION of subject property or properties(copy ofterritlw tkisalption maybe attached) .
• SECTION 01,TOWNSHIP 40,RANGE 25 X=INNZP-X-1--13r
FOLIO(Property 11:)NUMBER(*)restore Meth to,or associate ea,)40981 OnollPilon if mona than ono)
00235320006
STREET ADDRESS or ADDRESSES(as icable,if atteedyeesignecO
81S0 AIRPORT PULLING RD NAPLES FL 34100
•
• LOCATION MAP must be attached showing Bead location of project/site In Madan to nearest public road right-efway .....
•SURVEY(cup)! -needed only for unstatted properties)
PROPOSED PROJECT NAME gam/cab/4 •
Top HAT AUTO --)PN-4,0,1Ec:s- tAismitE' lAo-c Ni24=10=oVetz, ? V1-1-km"Tkrve: .. .
•
PROPOSED STREET NAMES(if applicable)
N/A ., .
SITE DE'VELOPMENT PLAN NUMBER(far existing ptoJeetereltee only)
SDP'SetS •Cr7 or AR#
•
.. , .
Page 1 of 2 •
I
III „.,....
Packet Page-417-
a_
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Fros:Davidson Engineering 239 434 8084 08/23/2012 18:24 '11010 P.002/002
ADDRESSING CHECK1JST-PAGE iWO
Project or development name proposed for or already appearing In,condominium documents(If appfl cat indk ate
whether proposed or edging)
IMEW
Please Check One: ® Cheddlst Is to be Famed bade ❑ Personally Picked Up
APPIJCIWT NAME:JESSICA RAMOSE DAVIDSON ENGINEERING
PRONE 239-434-6 FAX 23484.8084 {`
Signature on Addressing Checklist does not constitute Project and/or Street Name approval ovatl and Is
subject to further review by the Addressing Department.
FOR STAFF USE ONLY AMY B Y
Primary Number C"5 Z 300,5
Address Number
•
Address Number
-
Address Number, _
•
Approved i Dabs: -Z1;t a_
Updated by-, Dabs:
•
IF OLDER THAN 6 MONTHS, FORM MUST BE •
U
•
PDATED OR NEW FORM SUMMED
Page 2 of 2
OACurtenrAppltatoon FormaiAddreseina Checklist tor Ja a%aloe
•
•
Packet Page-418-
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• ...A.t.or ,t1C099.J....AY
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)262-2400 FAX (239)2624368
www coWNeraovnet
AFFIDAVIT
We/i,. Rebell rdde,Prssid.nt DCs knesbrbr*Cup being first duly sworn,depose and say that we/I
am/are the owners of the property described herein and which is the subject matter of the proposed
hearing, that all the answers to the questions in this application, including the disclosure of interest
information, all sketches,data, and other supplementary matter attached to and made a part of this
application,are honest and true to the best of our knowledge and belief. Ws/I understand that the
information requested on this application must be complete and accurate and that the content of this
form, whether computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application Is deemed complete,and all required information has been submitted .
4,17
As property ow rther authorize,'can Hancock Alee aE It Dna'.Anderson to act as our/my
represent• • rs regarding this Petition.
/MaI
gnatu -'<f Pr•.• rty Owner Signature of Property Owner
0
Rower tcj a`E, Patsapt; arcs LNdfSf 70A,T CORP.
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this day of .La/20_11_,by e r,\i oA- ill;I Ill> who is personally known to me or has produced
as Identification.
or----- Of
State of Florida (Signature o Notary Public of
County of Collier Florida)
•
4,1=N BEY(EN ILEZ
*MY COMMISSION#EE OEi06A
(Print tUer� n d
Print, �'�yr
Name of Notary Public)
•
•
Februsry 4,2011
Packet Page-419-
3/12/2013 8.B.
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252-6358
www.collierstov.net,
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as King RldNrd.Foray Fun P.1k
6780 Airport Puling Road North I Na..pb FL 34109 •
(Street address and City,State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for Cmillercial planned unit development
( c PUD)zoning. We hereby designate man=Amason , legal representative thereof; as the legal
representatives of the property and as such,these individuals are authorized to legally bind all owners of the property in
the course of seeking the necessary approvals to develop. This authority includes, but is not limited to,the hiring and
authorization of agents to assist in the preparation of applications,plans,surveys,and studies necessary to obtain zoning
approval on the site These representatives will remain the only entity to authorize development activity on the property
until such time as a new or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
1. The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commitments agreed to by the applicant in connection with the planned unit development
rezoning.
2. The legal representative identified herein is responsible for compliance with all terms,conditions,safeguards, and
stipulations made at the time of approval of the master plan,even if the property is subsequently sold in whole or in
part,unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements,conditions,or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of •.n •htpliance with the terms,
safeguards,and conditions of the planned unit development,seek equitable relic • n •sary to compel compliance.
The County will not issue permits,certificates,or licenses to occupy or use .• of the planned unit development
and the County •:. stop ongoing construction activity until the project i into compliance with all terms,
conditions and s • guards of the planned unit development.
a
Owner
0.;E
Printed Name Printed Name
STATE OF 6 RIDA)
COUNTY OF COLLIER) �/ � /7,
f'
Sworn to(or affirmed)and subscribed before me thi day of 20} by j�k�11 ck/
who is personally known to me or has produced , / as idea u fifi cation.
®I. //4(444.9" i /AL-L/r
KAREN E YAKUBEC 1
N6tary Public State el Florida t ame typed,printed or stamped)
; � r$ My Comm.Expires Jun 8,2015 Y
.rlrbr Commission#EE 89199 •
February 4,2011
Packet Page-420-
3/1 2/201 3 8.B.
•
2160711 01: 2296 PG: 1995
Imo V N91QIt ICI d IIWuI ORM, It
Property Appraiser's Parcel Identification No. 00235320005 131$lf at II:3ir 1111111. , !�
• 1111 UINN.N
et f• IS.$
This instrument was prepared by Yvs Nl~.11 I13N.N
and After Recording Return to:
MOW I 11111111
Mark J. Price, Esquire III IMMI NN>•IAA
ROETZEL& ANDRESS 111101 116111 R 34111
A Legal Professional Association
850 Park Shore Drive
Naples, Florida 34103
(941)649-6200
Information above this line for recordins data)
SPECIAL WARRANTY DEED
THIS WARRANTY DEED, made the 7th day of March, 1997, by Westbury Properties, Inc.. a
Florida corporation, ('Grantor`). to Bic's Investment Corporation, a Florida corporation, whose post
office address is 6780 Airport Road, Florida 34109('Grantee'):
(Wherever used herein, the e ksiatlif Gip - ' include all parties to this instrument
and the heirs, legal represe - ''. r 'gns • • . and the successors and assigns of
corporations)
WITNESSETH: That • : ,- • m • • sum of Ten Dollars($10.00)
and other valuable cons'• •• • • X51 *�' , hereby grams, brains,
selh;, aliens. remises. -� - -.C
�l �!I fi ±,�;r�- 1 that certain land situated in
• Calker County, Florida. viz:1
SEE EXHIBIT TTACHED HE' ' D . •, •T
HEREOF AND ' • ' •RATED H • ' : r it RENCE.
TOGETHER with all the t - • reditaments - -- thereto belong or in anywise
appertaining. CIE CIRC.
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 warrants the title to said land and will defend the same against the lawful claims of
all persons claiming by,through or under Grantor;and that said land is free of all encumbrances.except
for easements, restrictions, and all otter matters of record; and taxes and assessments for 1996
and subsequent years.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first
above written.
Signed. Sealed and Delivered
as to Each Grantor in the Westbury Properties, Inc..
Presence of: a Florida corporation..., /,
raj / fi 1 /�
By: _�.t ,f•4 f�c
Witness No. I
It�icbael H. DeGroote, President
Name Primed: alma. ►�'I y� ne
Wifos4 No. 2 Signature
Name Printed: JJUr vg 4.4 a or
Packet Page-421-
•
3/12/2013 8.B.
OR: 2296 PG: 1999 •
4446c ri rr*
UWEOP )
0
ss: •
COUNTY oP )
togiv4P1
yy was acknowledged before me this day of
lit�tt foregoing
the he / ., of Westbury Properties.Inc..a Florida corporation,on behalf of
said=potation.who PI is PersomuY
krwwn to me, s
iOatMilisariett. �,.w'.a 4i.is •• G/a
1 am a Notary Public in theaatrofFlorids a
(SEAL)
NOTARY UBLIC
sstn_i.wrs
����ER C UA,
c 0 T�
�( �- •
)64t,
L.)
to
J E CTRC�
1111
Packet Page-422-
3/12/2013 8.B.
*** OR: 2296 PG: 2000 ***
LEGAL DESCRIPTION
The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of
Section 1. Township 49 South. Range 25 East. Collier County.
Florida. less the West 11.1 -_ .1. previously reserved for
road right-of-way ..• R COr,•O
--(3)
i
JE CIA C
• EXHIBIT " A
Packet Page-423-
3/12/2013 8.B.
AGREEMENT FOR PURCHASE AND SALE •
THIS AGREEMENT (the "Contract") is made and entered into as of the last date that.
either party hereto executes this Contract (the "Effective Date"), by and between Bic's
Investment Corp.,a Florida corporation("Seller"),and Top Hat Holdings,LLC,a Florida limited
liability company ("Buyer"). In consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable considerations,the receipt and sufficiency
of which are hereby mutually acknowledged,Seller and Buyer agree as follows:
Article I.
THE PROPERTY
1.1 PROPERTY DESCRIPTION. Subject to the terms and provisions of this
Contract, Seller agrees to sell and convey to Buyer,and Buyer agrees to purchase from Seller, all
of the real and personal property (the "Property"), located in Collier County, Florida, more
particularly described as follows:
(a) That real property consisting of approximately 113 acres and described in
the attached Exhibit "A" incorporated herein by reference, together with all rights, privileges,
tenements,hereditaments and appurtenances pertaining thereto (the "Land"); the Land shall also
be deemed to include all interest, if any, of Seller in(i) strips or gores, if any, between the Land
and abutting properties, (ii) any land lying in or under the bed of any street, alley,road or right-
of-way, opened or proposed, abutting or adjacent to the Land (iii) all buildings, structures and
other improvements, if any, including, without limitation, all fixtures and landscaping, if any, 4111
now or hereafter situated upon the Land or otherwise provided for herein; and (iv) any and all
infrastructure on or adjacent to the Property;
(b) All of Seller's right,title and interest in and to all site plans, surveys,soil
and substrata studies, plans and specifications, engineering and architectural drawings, plats,
plans and studies and other plans, diagrams or studies of any kind, if any, which relate to the
Property;
(c) All pre-paid impact fees, if any, including without limitation those for
•
roads, transportation,libraries,sanitary and storm sewers, drainage and water licenses; building
and other permits;plans and specifications; PUD and zoning entitlements;appraisals;warranties;
certificates of occupancy and construction related bonds or entitlements pertaining to ownership
and/or operation of the Property;and
(d) All other privileges, easements, rights-of-way, densities, riparian, littoral
and water rights, sovereignty submerged land leases, minerals, oil, gas and other hydrocarbon
rights and substances on the Land, development rights, air rights and all other rights, privileges
and appurtenances owned by Seller and in any way related to,pertaining to or accruing to the use
or benefit of the Property.
1.2 PROPERTY CONVEYANCE SURVIVES CLOSING. Seller's obligation to
convey to Buyer all of the Property shall survive Closing, and Seller shall continue to be
•
Packet Page-424-
3/12/2013 8.B. I
obligated to deliver and convey to Buyer such portions of the Property as may not be delivered
Sand conveyed to Buyer prior to or at Closing as provided in this Contract, unless Buyer executes
at Closing a written waiver of such continuing obligation of Seller.
Article II.
PURCHASE PRICE
2.1 PURCHASE PRICE. The purchase rice for the Property shall be
(the"Purchase Price"), and shall be paid
by Buyer to Seller in the following manner:
(a) Initial Deposit: Simultaneously with the execution of this Contract, Buyer
shall deposit with the law firm of Roetzel &.Andress, L.P.A. (the "Escrow Agent") the sum of
(the"Initial Deposit"),
(b) Second Deposit: Provided this Contract has not been terminated, within
two (2 ) business days after expiration of the Investigation Period (as defined in Section 3.6)
Buyer shall place an additional sum of
(the"Second Deposit")in escrow with Escrow Agent.
(c) Additional Cash At Closing: At Closing, Buyer shall pay to Seller the
remainder of the Purchase Price in cash by wire transfer of cleared federal funds to the account
of Escrow Agent,subject,however,to adjustments and prorations as herein provided.
• (d) Handling of Deposit: The Initial Deposit and Second Deposit shall
hereinafter be referred to collectively as the "Deposit'. As further explained in Section 4.2 the
Deposit shall be returned to Buyer if the Rezoning Contingency (as defined in such Section) is
not satisfied. Escrow Agent shall hold the Deposit in an interest-bearing account for the benefit
of Buyer, to be held in such account until Closing or until disposed of as provided elsewhere in
this Contract. At Closing(unless a delivery out of escrow specifically permitted in this Contract
has previously occurred), the Deposit, as well as all accrued interest, shall be credited for the
account of Buyer toward the Purchase Price. This Contract shall serve as the escrow agreement
and constitutes instructions binding upon Escrow Agent,Buyer and Seller.
2.2 EXISTING MORTGAGES AND ESTOPPEL INFORMATION. If any
mortgage(s) or other security interest(s) presently encumber(s) the Property, Seller shall be
required to satisfy or release any mortgage(s)or security interest(s)prior to or at Closing, and the
necessary portion of the Purchase Price due Seller at Closing, or Seller's own funds from an
independent source, shall be paid to the holder(s) of such mortgage(s) or security interest(s) in
order to satisfy or release such mortgage(s). Seller represents and warrants that any such
mortgage(s) or security interest(s) do(es) not contain any provision which would prohibit the
satisfaction or release of such mortgage(s)or security interest(s)at Closing. Not less than twenty
(20) days prior to Closing, Seller shall cause to be delivered to Buyer a written estoppel letter(s)
from the holder of any such mortgage(s)or security interest(s). The estoppel letter shall set forth
and confirm the amount which will be required to be paid at Closing in order to satisfy or release
such mortgage(s)or security interest(s).
2
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Article III. •
TITLE.SURVEY&FEASIBILITY.
3.1 PERMITTED EXCEPTIONS; The Property shall be sold, and good and
marketable title to it shall be conveyed, subject only to the following described matters (the
"Permitted Exceptions"):
(a) Real estate taxes for the year of closing and subsequent years;and
(b) Other title matters to which Buyer does not object as provided in Section
3,4.
3.2 DOCUMENTATION. Within five (5) days after the Effective Date, Seller shall
furnish Buyer with legible, accurate and complete copies of such of the following as may be in
Seller's possession or control (or otherwise reasonably accessible to Seller) together with a
written representation from Seller to Buyer that all documentation and information required
below has been supplied (or if any of the following do not exist, or are not otherwise reasonably
accessible,Seller's written certification to Buyer to that effect):
(a) All zoning documents, site plans, surveys, soil and substrata tests and
studies, environmental tests, environmental species reports; notices from governmental or
environmental agencies, engineering plans and studies, unrecorded contracts, rental agreements,
leases, agreements and/or commitments and instruments, if any, relating to or affecting the
Property or occupancy of any portion of the Property;
(b) Any notices regarding pending or contemplated assessments and/or taxes •
received from all taxing authorities and districts having jurisdiction over the Property;
(c) Seller's owner's title insurance policy, together with copies of all
documents listed therein as Schedule B exceptions;
(d) All permits, occupancy certificates, infrastructure acceptance documents,
or other governmental authorizations relating to the use and development of the Property, as well.
as all development orders, wetland determinations, county resolutions, ordinances and other
agreements with public or private authorities relating to zoning, land use or development of the.
Property, PUD ordinances (and amendments thereto),and all documents in any way related to
development or occupancy of the Property;
(e) Plans showing the location of all water, gas, telephone, cable television,
electric and other utilities,facilities and lines which are available to service the Property; and
(f) Any other documentation regarding the Property or the development or
use thereof, including without limitation any knowledge or information regarding a Property
defect, violation notice of any sort,or an impediment to the development or use thereof.
3.3 SURVEY. Prior to the expiration of the Investigation Period, Buyer shall have
the right to have the Property surveyed, or Buyer may update Seller's existing survey(s) (the
"Survey"). If the Survey reveals an encroachment onto the Land, an improvement on the
1110
3
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Property extends onto lands of others or violates a zoning or other governmental use restriction,
• or an improvement violates any recorded or contract covenant or restriction, and Buyer delivers
written notice of the same to Seller prior to the expiration of the Investigation Period,then said
matters shall be treated as title defects and the provisions of Section 3.4 of this Contract below
shall apply.
3.4 OBJECTIONS TO TITLE. If the Title Commitment (defined in Section 3.5),
Survey, or UCC encumbrance search shall reflect that Seller's title is subject to,matters which
are not acceptable to Buyer, in Buyer's sole discretion, Buyer shall notify Seller of Buyer's
objections to the same in writing prior to the expiration of the Investigation Period,and the same
shall be treated as defect(s) in title. Unless Buyer delivers written notice to Seller of Buyer's
objections to title within said period, it shall be presumed that Buyer has accepted title to the
Property in its then existing condition (however in no event shall Buyer be obligated to take title
subject to matters appearing of record subsequent to the effective date of the Title Commitment).
Seller shall have thirty (30) days from and after receipt of Buyer's objections to cure any
defect(s) in Seller's title or Survey, but shall have no obligation to take any action to cure any
objection. If the Seller does not cure the title or survey defect(s) within said thirty (30) day
period, Buyer shall have the option of either: ()proceeding with this transaction in accordance
with the terms and provisions hereof and accepting the previously objectionable title defects; or
(ii) terminating this transaction upon notice to Seller, within fifteen(15) days after expiration of
said thirty (30)day period or receipt of written notice that Seller elects not to attempt to cure the
same, whichever is the earlier to occur, whereupon the entire Deposit and all interest accrued
thereon shall be returned to Buyer,,and Seller and Buyer shall be released from any and all
further obligations and liabilities arising under or out of this Contract, except as may expressly
• survive the termination hereof.
3.5 TITLE COMMITMENT. Buyer shall obtain, at Buyer's expense, a Title
. Insurance Commitment and subsequent policy for the benefit of Buyer(the"Title Commitment),
which shall be issued by a company satisfactory to Buyer through Buyer's agent, Roetzel &
Andress, L.P.A. (the "Title Company"). The Title Commitment shall show and evidence that
title to the Property is (i) currently in the name of Seller and(ii)good,marketable and insurable,
subject to the Permitted Exceptions.
3.6 FEASIBILITY AND INVESTIGATION STUDY PERIOD. Buyer shall have
sixty (60) days from and after the Effective Date in which to conduct engineering, feasibility,
zoning, construction, environmental and such other studies and investigations concerning the
Property as Buyer desires (the "Investigation Period") during which time Buyer and its agents
may review such matters as they deem appropriate, in their sole and absolute discretion, to
determine the feasibility of the acquisition, development and/or use of the Property, including,
but not limited to the following:
(a) All zoning, land-use, federal and state permitting, environmental, species
habitat, building and construction laws and regulations restricting or regulating development or
use of the Property, or any other requirements or conditions of any governmental or other agency
or entity having jurisdiction over the Property,which would affect the access to,use, occupancy,
enjoyment,value or development of the Property;
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(b) Any soil tests, geological or environmental studies or surveys Buyer may
cause to be conducted, at its expense,on the Property; 411
(c) All soil and subsoil conditions and/or other physical characteristics of the
Property in connection with Buyer's planned use and/or development of the Property;
(d) The nature and location of any easements, covenants, restrictions,
agreements,contracts or other documents or conditions which benefit or affect the Property;
(e) The size, availability, capacity and cost of all utility and other services to
the Property;
(0 Sufficient access to the Property;
(g) The amount of any impact fees,general and/or special assessments, taxes,
or other fees relating to the development or use of the Property;
(h) An inspection of the physical condition of the Property by Buyer and/or its
consultants at Buyer's sole expense;
(i) The approved Planned Unit Development and/or any zoning documents
relating to the Property,if any,or any amendments,additions or changes thereto;
(j) Any development or other agreements or contracts with Collier County or
any other governmental entity,and any other contracts or agreements affecting the Property;
•
PP
(k) Appraisal of the Property;and •
(1) Any other matter which Buyer deems necessary or appropriate in its sole
and absolute discretion for its analysis of the Property.
During the Investigation Period,Buyer and its agents shall be provided with full access to
the Property as deemed necessary by Buyer,and Buyer and/or Buyer's designated agents may
enter upon the Property for the purpose of soil,analysis,core drilling,environmental audit and
studies, structural examination and tests,or other studies,tests,examinations and investigations
which may be deemed necessary by Buyer or Buyer's engineers. Notwithstanding the foregoing,
Buyer and Buyer's agents shall provide Seller with at least 24 hours notice prior to entry onto the
Property, and they shall not unreasonably interrupt Seller's normal business operations. Buyer
shall indemnify Seller for any loss,damage or expense of any nature incurred by Seller as a
direct result of the activities of Buyer or Buyer's agents in conducting such examinations and
investigations. Buyer shall provide proof of liability insurance acceptable to Seller in its
reasonable discretion, and Buyer shall repair any and all damage caused by Buyer or its
inspectors. The terms of this Section shall survive the termination of this Agreement. Seller,at
its option,may accompany Buyer and its agents during any such inspections or examinations.
If, for any reason, Buyer determines in its sole and absolute discretion during the
investigation Period that the Property is not suitable to Buyer, then no later than the last day of
the Investigation Period, Buyer shall notify Seller in writing that it has elected not to proceed.
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Thereupon,the entire Deposit and any interest accrued thereon shall be immediately released and
• delivered to Buyer, except the sum of Two Hundred and 00/100 Dollars ($200.00) shall be
retained by Seller as a cancellation fee and as separate consideration for Buyer's cancellation
right under this Section 3.6. The parties shall thereafter be relieved of all liability under this
Contract, except as expressly survive the termination hereof, and all documents delivered by.
Seller to Buyer under Section 3.2 will be returned to Seller within ten (10) days of the
termination date. All reports, studies, plans, etc. that are prepared by or for Buyer shall be
delivered to the Seller and the rights therein shall be assigned to the Seller,as may be permitted.
If Buyer fails to provide to Seller the notice that Buyer has elected not to proceed prior to
the expiration of the Investigation Period,then Buyer shall have no further right to terminate this
Contract under this Section 3.6..
If Buyer's environmental consultant discovers any Hazardous Substances on the Property
during its investigations,the Buyer shall promptly notify the Seller, If the cost to remediate such
Hazardous Substances is less than $100,000.00, as reasonably determined by Buyer's
environmental consultant, the Buyer may (1)pay to remediate the same and receive a credit at
closing for such amount, or (2) escrow the estimated remediation amount (not to exceed
$100,000.00) at Closing pursuant to an escrow agreement in form and substance reasonably
acceptable to the parties. The escrowed funds shall be used solely for remediation of the
Hazardous Substances discovered by Buyer's environmental consultant, and shall be disbursed
upon receipt of a written invoice from the remediation company. If any funds remain in escrow
following the remediation, the same shall be promptly refunded to the Seller. Any costs and
expenses in excess of the escrowed funds shall be the obligation of the Buyer. If the estimated
cost to remediate is in excess of$100,000.00,the Buyer may elect to pay any difference over the
$100,000.00 and Seller shall have no liability for any such excess, or Buyer may terminate this
Agreement by written notice to the Seller not later than the expiration of the due diligence
period. If Seller causes any new environmental issues on the Property subsequent to the issuance
of the environmental report, any costs and expenses relating thereto shall be the sole obligation
of the Seller and at Closing,Buyer may escrow an amount equal to 150% of the estimated costs
to remediate such new environmental matters, which funds shall be held pursuant to the escrow
agreement referenced above.
Article IV.
CONDITIONS •
4.1 CONDITIONS PRECEDENT TO BUYER'S OBLIGATION TO CLOSE.
Buyer's obligation to consummate the transaction contemplated hereunder is conditioned upon
satisfaction of each of the following conditions:
(a) None of the representations and warranties of Seller set forth in Article 6
hereof shall be untrue or inaccurate in any material respect as of the Effective Date or as of the
Closing Date;
(b) Seller shall not have failed to perform or comply with any of its
agreements, covenants or obligations in the manner and within the time periods provided herein,
following any applicable notice and cure period;and
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(c) Buyer shall not have given written notice rightfully terminating this
Contract as provided in the applicable sections hereof.
In the event that any one or more of the above conditions contained in this Section 4.1 is
not satisfied as of the Closing Date, Buyer may, at its sole option, either (1) waive such
conditions precedent and close the transaction,or(ii)terminate this Contract by written notice to
Seller and immediately upon such termination the entire Deposit and all interest accrued thereon
shall be returned to Buyer, whereupon the parties shall be released from all liability hereunder
except that Buyer, within ten (10) days, shall return to Seller all documents and materials
provided by Seller.
4.2 REZONING CONTINGENCY. The parties recognize that the current zoning for
the Property is narrowly defined'for an amusement park use However, Buyer intends to utilize
the Property for an automobile retail dealership with related uses including, but not limited to,
automotive repair and service(the"Automotive Use"). In order for Buyer to lawfully engage in
the Automotive Use on site, the Property must be rezoned at both State and County levels. At
the State level,an amendment to the Comprehensive Plan is necessary to change the Future Land
Use Map, among other related requirements (the `Comp Plan Amendment"). At the County
level, the existing Planned Unit Ordinance must either be amended or replaced (the "PUD
Amendment"). Further, a new site development plan must be approved by Collier County before
Buyer can pull permits to redevelop the Property for the Automotive Use Accordingly, Buyer
shall not be required to close on the acquisition of the Property unless (i) the Comp Plan
Amendment and PUD Amendment have been approved,and Buyer has received all other written
zoning approvals as may be necessary from State, federal and local authorities as may be
necessary to permit the Property to be utilized for the Automotive Use (ii) Collier County has •
issued final site development approval for the Property, (iii) no appeals are filed or challenges
made with respect to any such approvals listed in this Section 4.2 and the time period for filing
such challenges and/or appeals has expired, and(iv)the terns and conditions of all such permits
and approvals are acceptable to Buyer, in Buyer's commercially reasonable discretion. (All the
foregoing described in this Section 4.2 shall collectively be referred to as the "Rezoning
Contingency"). Without limiting the generality of the foregoing, if any of such permits or
approvals contain conditions or extractions which render the viability of Buyer's planned
business operations for the Property to become economically or practically unacceptable, in
Buyer's commercially reasonable discretion,then the Rezoning Contingency shall not have been
satisfied. Notwithstanding anything herein to the contrary, in no event shall the Comp Plan
Amendment or PUD Amendment be approved unless in conjunction with approval of the site
plan, which shall all be approved concurrently. If the Comp Plan Amendment or PUD
Amendment must be approved in advance of the site plan, the same must continue to allow the
existing use of the property as a permitted use Once the Rezoning Contingency is satisfied, the
Deposit:shall automatically become non-refundable.
4.3 APPROVAL PERIOD. Buyer shall have up to twelve (12) months from the
Effective Date of this Contract (the "Approval Period") to satisfy the Rezoning Contingency.
Buyer shall proceed with commercially reasonable due diligence including the timely filing of
the application for the Comp Plan Amendment by no later than April 27,2012. Buyer shall keep
Seller fully apprised of all filings and the status of the rezoning of the Property. Furthermore, if
Buyer has not elected to terminate this Contract during the Investigation Period,Buyer shall file
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its application for site development plan approval with Collier County as soon as reasonably
• possible and shall pursue such approval in good faith in order to attempt to satisfy the Rezoning
Contingency shortly after the State of Florida has approved the Comp Plan Amendment.
However, if the.Rezoning Contingency is not satisfied within the Approval Period,then Buyer
may extend the Approval Period an additional three (3)months by providing written notice to
Seller alon with payment to Escrow Agent of an additional deposit of
(the"Third Deposit"). The Third Deposit II be applic bl
e Pure a ice at Closing and shall be considered part of the"Deposit," except as otherwise
provided in this Contract However, if Buyer ultimately fails to close on the purchase of the
Property through no fault of Seller(even if the Rezoning Contingency is not satisfied),then the
Third Deposit shall be released by Escrow Agent to Seller as a non-refundable payment from
Buyer for exercising the three (3) month extension right as provided herein. Notwithstanding
anything in.this Contract to the contrary, Buyer may cancel this Contract by written notice to
Seller at any time if Buyer deems, in its commercially reasonable discretion, that the likelihood
of satisfying the Rezoning Contingency is not sufficiently promising as to warrant the investment
of additional time, money and effort. Upon such cancellation, the sum of Two Hundred and
00/100 Dollars ($200.00) shall be retained by Seller as a cancellation fee and as full
consideration for Buyer's cancellation right under this Section (unless such cancellation is
subsequent to the extension, in which case, the Third Deposit shall also be paid to Seller), and
the Initial and Second Deposits shall be returned to Buyer with all accrued interest. Upon such
termination, Buyer shall assign to Seller all rights in and to any and all applications, submittals,
plans,drawings and other documentation or rights relating to the rezone.
4.4 SELLER'S COOPERATION WITH BUYER Seller acknowledges and agrees
1111 that Buyer will be seeking Seller's assistance and cooperation to satisfy the Rezoning
Contingency and that Seller's cooperation and assistance may play an integral role in obtaining
the same. In connection with the foregoing,Seller shall, in good faith,fully cooperate and assist
Buyer, at no cost or expense to Seller, in Buyer's petitions and negotiations with the
governmental authorities and any other person or entity having an interest in Buyer's
development plans for the Property.
Article V.
CLOSING
5.1 CLOSING AND CLOSING DATE. Subject to the conditions set forth in Article
IV above,this transaction shall be closed and title to the Property conveyed from Seller to Buyer
by delivery of the fully executed Deed and other closing documents, including, without
limitation, those described below in Section 5.2 (the "Closing") at the offices of Roetzel &
Andress, L.P.A., 850 Park Shore Drive, 3rd Floor, Naples, Florida 34103, on the date that is one
year from the Effective Date of this Contract (the "Closin.Date"). The Closing Date shall be
extended an additional three(3)months if Buyer chooses to extend the Approval Period pursuant
to Section 4.3 above. Buyer shall also have the right to accelerate the Closing Date at any time
during the term of this Contract by providing written notice to Seller at least sixty(60)days prior
to such earlier Closing Date, Seller shall turn over physical possession of the Property to Buyer
within 90 days following the Closing Date,as further described below.
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5.2 CLOSING DOCUMENTATION. At Closing, Seller shall deliver to Buyer the •
following:
(a) A good and sufficient general warranty deed in form acceptable to Buyer
(the"Deed");
(b) Anon-foreign affidavit in form acceptable to Buyer;
(c) An owner's gap and construction lien affidavit in form acceptable to
Buyer;
(d) An appropriate bill of sale with warranty of title for all personal property
included in this transaction, if any in form acceptable to Buyer;
(e) Assignment, if there be any, of pre-paid impact fees, pre-paid sewer and
water connection and tap-in fees, licenses, easements, rights-of-way, contract rights, plans,
surveys, studies, development rights, intangible rights and other property rights included in this
transaction;
(f) An appropriate corporate resolution authorizing the consummation of the
transaction contemplated hereby by Seller;
(g) Post-Closing Occupancy Agreement;and
(h) The written reaffirmation of warranties required by Section 6.2, •
All documentation referenced herein shall be agreed upon by the parties prior to the
expiration of the Investigation Period.
5.3 CONSIDERATION DELIVERY. At Closing, Buyer shall deliver to Seller the
consideration required pursuant to Section 2.1 and a counter-signed Post-Closing Occupancy
Agreement.
5.4 REAL AND PERSONAL PROPERTY TAUS AND ASSESSMENTS.
Apportionment of real and personal property taxes shall be made on the basis of the current
year's tax with maximum allowable discount and exemptions if allowed for said year with Buyer
charged with the Closing Date. If Closing occurs at a date when the current year's taxes are not
fixed but the current year's assessment is available, taxes will be apportioned based upon said
assessment, and the prior year's millage. If the current year's assessment is not available at the
time of Closing, then taxes will be apportioned on the basis of the prior year's tax. However,
any tax apportionment based on an estimate shall be recalculated when the taxes are finally
fixed, and Seller or Buyer, as the case may be, shall make payment to the other based on such
recalculation. Certified,confirmed and ratified special assessments as of the Closing Date are to
be paid by Seller regardless of an amortized or delayed payment plan. If any refund of taxes or
assessments is made after the Closing for a period prior to the Closing, the same shall be paid to
Seller for the period to and including the Closing Date and to Buyer for the period commencing
on the date after the Closing Date. All other special assessments, municipal service taxing unit -
charges or any pending lien or special assessment of any nature whatsoever shall be satisfied in
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full by Seller at or prior to Closing. All accounts payable or other types of services, utilities or
• other expenses related to or attributable to periods prior to Closing shall be the responsibility of
and fully paid for by Seller. Seller's obligations hereunder shall survive closing.
5.5 UTILITIES. Water, electricity, gas, trash, telephone, cable, sewer and other
utilities, if any, shall be prorated to the Closing Date,based on actual charges when final meter
readings have been obtained or actual expenses determined. Seller,to the extent current readings
are available, shall endeavor to furnish readings made on or immediately prior to the Closing
Date.
5.6 SURVIVAL. Sections 5.4 and 5.5 shall survive Closing.
5.7 EXPENSES. At Closing, Buyer shall pay Buyer's share of the prorations set
forth in Sections 5.4 and 5.5; the costs of Buyer's studies and investigations;any loan-related
costs for any institutional loans procured by Buyer; the cost of the Title Commitment and
subsequent policy; the Survey; the cost of recording the Deed; Buyer's own attorneys' fees
incurred prior to any default by Seller; and commissions due Buyer's Broker as provided in
Section 10.20. At Closing,Seller shall pay Seller's share of the prorations set forth in Sections
5.4 and 5.5; assessments and other charges relating to the Property as described herein;
documentary stamps which are required to be affixed to the Deed; the cost of recording any
corrective instruments; Seller's own attorney's fees incurred prior to any default by Buyer; and
commissions due Seller's Broker as provided in Section 10.20. Except as otherwise provided in
this Section 5.7,all other expenses hereunder shall be paid by the party incurring such expenses.
• 5.8 POSSESSION AND REMOVAL OF PERSONAL PROPERTY, Seller shall
remove all movable personal property located on the Land including, without limitation,
furniture and go-carts,not later than ninety (90) days following the Closing Date. The Seller
shall have the right to remain in possession of the Property for a period of ninety (90) days
following the Closing Date("Post-Closing Occupancy") for the purpose of winding down the
Seller's business, liquidating assets and relocating. The Seller shall not pay any additional
consideration for the Post-Closing Occupancy. If the Seller holds over at the end of the Post-
Closing Occupancy, the Seller shall pay the Buyer an amount equal to $30,000.00 for such
holdover, which amount shall be withheld from the Seller's proceeds and held in escrow pending
timely vacation of the Property. At Closing, the Buyer and Seller shall execute'a Post-Closing.
Occupancy Agreement in form and substance reasonably acceptable to the parties("Post-Closing
Occupancy Agreement"),which shall be agreed-upon during the Investigation Period. The Post-
Closing Occupancy Agreement shall address the occupancy rights and obligations of the parties,
including the escrow funds described above, Seller's obligation to deliver the Property in the
same condition as of the date of closing, except removal of personal property and fixtures as set
forth herein and normal wear and tear, and provide for Buyer's right to evict Seller and collect
damages in connection therewith for any holdover.
Article VI.
REPRESENTATIONS AND WARRANTIES
6.1 SELLER'S REPRESENTATION AND WARRANTIES. Seller represents and
warrants to Buyer the following as of the Effective Date and as of the Closing Date:
•
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(a) Seller is the owner of fee simple title to the Property, and no other party
has or claims any right of ownership in or to possession thereof;
411
(b) The Property is, or at the time of closing will be,free and clear of all liens
and encumbrances except for ad valorem taxes for the year of Closing, not yet due and payable,
and for all subsequent years, and except for the Permitted Exceptions; and to the best of Seller's
knowledge, there is no proceeding pending or being prosecuted for reduction of the assessed
valuation, or taxes or other imposition with respect to all or any portion of the Property, or for
any special assessment, unpaid impact fees,or other liens against the Property;
(c) There are no condemnation or eminent domain proceedings pending,or,to
the best of Seller's knowledge, contemplated against the Property or any part thereof,and Seller
has received no notice of the desire of any public authority or other entity to make or use the
Property or any part thereof;
(d) There are no pending, or, to the best of Seller's knowledge, threatened
suits or proceedings before any court, administrative agency, or other governmental
instrumentality against or affecting Seller or any part of the Property which(i)do or could affect.
ownership, operation,use, development or occupancy of the Property or any part thereof; or (ii)
do or could prohibit or make unlawful the consummation of the transaction contemplated by this
Contract,or render Seller or Buyer unable to consummate the same;
(e) Seller has received no notice of,and to its knowledge there is no violation
of, any law, regulation, ordinance, order, restrictive covenant, association rules or regulations,.
environmental law,rule or regulation,or other requirement affecting the Property;
(f) To the best of Seller's knowledge, there are no unrecorded easements,
contracts, commitments, leases, or encumbrances affecting all of any part of the Property which
would survive Closing,other than those items listed as Exceptions in the Title Commitment;
(g) To the best of Seller's knowledge and belief, the consummation of the
transactions contemplated hereunder will not violate or result in a breach of or constitute a
default under any provision of any contract,lien, instrument,order,judgment, decree,ordinance,
regulation, or other restriction of any kind to which Seller or the Property is or may be bound or
affected;
(h) No representation or warranty by Seller in this Contract or in any
instrument, certificate or written statement furnished to Buyer pursuant hereto, or in connection
with the transaction contemplated hereby, contains or will contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements contained herein or
therein not misleading;
(i) There has been no construction on the Property in the past ninety (90)
days and there are no construction liens or other encumbrances filed against the Land and, if
subsequent to Closing hereunder, any construction or other liens shall be filed against the
Property as a result of any actions by or on behalf of the Seller, Seller shall take such action,
within ten (10) days after the filing thereof, by bonding, deposit, payment or otherwise, to
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remove, transfer or satisfy such lien of record against the Property, at Seller's sole cost and
4110 expense;
G) There are no parties other than Seller in possession of the Property or of
any part thereof;
(k) There are no attachments, executions, assignments for the benefit of
creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy
or pursuant to any other debtor relief laws contemplated or filed by Seller or pending against
Seller or the Property;
(I) There are no contracts or other obligations outstanding for the sale,
exchange or other transfer of the Property or any portion thereof;
(m) There are no leases relative to or affecting the Property;
(n) There is no association in place with respect to the,Property; and
(o) If required under any agreement or applicable law, the members,.
shareholders,directors or beneficiaries of Seller have authorized the sale of the Property pursuant
to the terms of this Contract.
6.2 REAFFIRMATION OF WARRANTIES. At the Closing, the Seller shall, in
writing, reaffirm to Buyer the truth and correctness, as of the Closing Date, of each of the
warranties set forth above and agree to indemnify and hold Buyer harmless from any loss or.
damage suffered by Buyer on account of the untruth or incorrectness of any such warranties.
6.3 MUTUAL REPRESENTATION AND WARRANTIES.
(a) Seller represents and warrants to Buyer that:
(i) Seller(1) is a corporation, duly formed and validly existing under
the laws of the State of Florida, (2)has full power and authority to execute, deliver and perform
its obligations under the Contract and (3) has taken all necessary action to authorize the
execution,delivery and performance of this Contract.
(ii) This Contract has been duly executed and delivered by Seller, and
is the legal, valid and binding obligation of Seller and is enforceable in accordance with its
terms, except to the extent that such enforceability may be limited by applicable bankruptcy,
insolvency, moratorium and other principles relating to or limiting the rights of contracting
parties generally.
(iii) Seller(l) is not in receivership or dissolution, (2) has not made an
assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they
mature, (3) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a
petition or answer seeking reorganization or any arrangement with creditors under the Federal
bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no
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such petition has been filed against Seller, and (4) to the best of its knowledge, none of the •
foregoing are pending or threatened.
(b) Buyer represents and warrants to Seller that:
(i) Buyer (1) is a limited liability company, duly formed and validly
existing under the laws of the State of Florida, (2) has full power and authority to execute,
deliver and perform its obligations under this Contract and (3) has taken all necessary action to
authorize the execution,delivery and performance of this Contract
(ii) This Contract has been duly executed and delivered by Buyer, and
is the legal, valid and binding obligation of Buyer and is enforceable in accordance with its
terms, except to the extent that such enforceability may be limited by applicable bankruptcy,
insolvency, moratorium and other principles relating to or limiting the rights of contracting
parties generally.
(iii) Buyer(1) is not in receivership or dissolution, (2)has.not made an
assignment for the benefit of creditors or admitted in writing its inability to pay its debts as they
mature; (3) has not been adjudicated a bankrupt or filed a petition in voluntary bankruptcy or a
petition or answer seeking reorganization or any arrangement with creditors under the Federal
bankruptcy law or any other similar law or statute of the United States or any jurisdiction and no
such petition has been filed against Buyer, and (4) to the best of its knowledge, none of the
foregoing are pending or threatened.
Article VII. - •
INTERIM COVENANTS
7.1 INTERIM COVENANTS OF SELLER. Seller hereby covenants with Buyer that
between the Effective Date of this Contract and the Closing Date:
(a) Seller will not, without Buyer's prior written consent create or suffer the
creation of any encumbrance on the Property, nor will Seller accept any additional advance
under any existing mortgage on the Property unless the Seller shall have the ability to obtain a
release of such mortgage from the Property by the time of Closing. For the purposes of this
provision,the term"encumbrance"shall mean any lien, claim,option,pledge,mortgage,security
agreement, financing statement, or other encumbrance, right-of-way, lease, easement,covenant,
condition or restriction. In the event Seller encumbers or suffers to be further encumbered the
Property in contravention of this Subsection 7.1 (a), such encumbrance shall be eliminated by
Seller at or before Closing by payment of any amount necessary from the Closing proceeds or
otherwise;
(b) Buyer and its agents and representatives shall be entitled to the same rights
of access to, and examination of, the Property as was afforded to them during the Investigation
Period, provided access shall be granted no more than four (4) times per month and following
reasonable notice and at reasonable times. Buyer shall not unreasonably interfere with Seller's
continued business operations;
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(c) Seller will cooperate fully with Buyer in effecting the transactions
• contemplated hereby, without cost or expense to Seller, except as otherwise expressly set forth
herein;
(d) All risks of loss shall be borne by Seller until acceptance by Buyer of
delivery of Seller's Deed at the Closing, unless such loss is caused by Buyer or its inspectors or
consultants;and
(e) Seller and Seller's agents will not, without Buyer's prior written approval,
(i) enter into any lease, letter of intent, commitment,permit application or modifications, zoning
amendment, contract or any other document relating to the use, ownership, development,
possession or encumbrance of the Property,or(ii) meet with any governmental official regarding
Buyer's contemplated plans for the Property, unless at the request of Buyer, or if deemed
necessary by 'Seller in its reasonable opinion to protect Seller's rights and interests in the
Property.
Article VIII.
CASUALTY AND CONDEMNATION
8.1 CONDEMNATION. In the event of the institution against the Property or the
Seller, of any proceedings,judicial, administrative, or otherwise, relating to the taking, or to a
proposed taking of any portion of the Property; that would materially and negatively impact
Buyer's intended use, by eminent domain, condemnation, or otherwise prior to Closing, then
Seller shall notify Buyer promptly and Buyer shall have the option, in its sole and absolute
discretion, of(a) terminating this Contract and obtaining a return of the entire Deposit and all
• interest accrued thereon, and any Extension Payment paid by Buyer, if applicable, or(b)closing
in accordance with the terms of this Contract, but at such Closing, Seller shall assign to Buyer all
of its right, title and interest in and to any net awards that have been or may be made or are
anticipated to be paid to Seller with respect to such eminent domain proceeding or
condemnation, and an amount equal to any such net awards already paid to Seller prior to
Closing shall be deducted from the Purchase Price at Closing. If any taking is for a non-material
portion of the Property, Buyer shall not have the right to terminate, but Seller shall assign to
Buyer all rights in and to any proceeds in accordance with subsection(b)above.
8.2 CASUALTY TO PROPERTY. Seller agrees to give Buyer prompt notice of any
fire, sinkhole, or other casualty affecting the Property or any portion thereof between the date
hereof and the Date of Closing. If prior to the Closing there shall occur fire, sinkhole,or other
casualty to all or any portion of the Property which could, in Buyer's commercially reasonable
discretion, interfere with the use thereof by Buyer then, in such event, Buyer may at its option
terminate this Contract by notice to Seller within thirty(30) days after Buyer has received the
notice referred to above or at the Closing, whichever is earlier, and in the event of such
termination the entire Deposit and all interest accrued thereon as well as any Extension Payment
paid by Buyer, if applicable, shall be immediately returned to Buyer. if Buyer does not so elect
to terminate this Contract,then the Closing shall take place as provided herein without abatement
of the Purchase Price, and there shall be assigned to Buyer at the Closing all interest of Seller in
and to any insurance proceeds resulting, or to result therefrom, which may be payable to Seller
on account of such occurrence.
• ,_
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Article IX. •
DEFAULT
9.1 DEFAULT BY BUYER. If Buyer defaults in the performance of any of Buyer's
obligations, covenants or agreements contained in this Contract, for any reason other than a
default by Seller or as elsewhere permitted in this Contract;and if said default remains uncured
for more than thirty (30)days from the date written notice of the same is delivered to Buyer
(except for Buyer's failure to timely make any payments required hereunder or close on the
Closing Date for which time is of the essence and no notice is required to be delivered), then,
upon Seller's demand and after Seller has notified Buyer in writing of Seller's termination of this
Contract, Seller shall be entitled, as Seller's sole and exclusive remedy, to receive the Deposit
and all accrued interest thereon from Escrow Agent, as agreed upon and liquidated damages on
account of such default by Buyer(it being understood and agreed by both Buyer and Seller that
such amount is a fair and reasonable measure of the damages to be suffered by Seller in the event
of such default, the exact amount thereof being difficult, inconvenient, uncertain to determine,
and incapable of ascertainment), whereupon both Buyer and Seller shall be relieved from any
further obligations or liabilities arising under or out of this Contract, except as may expressly
survive the termination hereof.
9.2 DEFAULT BY SELLER. Seller shall be in default hereunder after the
occurrence of any one or more of the following events:
(a) Any of Seller's warranties or representations set forth herein are or shall
be untrue or inaccurate in any material respect;or
(b) Seller shall fail to meet, comply with, or perform, any covenant,
•
agreement, or obligation required, within the time limits (time being of the essence) and in the
manner required in this Contract.
9.3 BUYER'S REMEDIES. In the event of a default by Seller hereunder,and if said
default remains uncured for more than thirty(30)days from the date written notice of the same is
delivered to Seller (except for Seller's failure to close on the Closing Date for which time is of
the essence and no notice is required to be delivered), Buyer may, at its option, do, any of the
following,which shall be Buyer's sole and exclusive remedies:
(a) Terminate this Contract by written notice delivered to Seller prior to
Closing and in such event the entire Deposit and all interest accrued thereon together with any
Extension Payment paid by Buyer, if applicable, shall be immediately returned to Buyer by
Escrow Agent; or
(b) Bring an action against Seller for specific performance. The provisions of
this Article 9 shall specifically survive the termination of this Contract.
Article X.
MISCELLANEOUS
10.1 CONFIDENTIALITY. Buyer and Seller shall maintain the confidentiality of all
terms and conditions of this Contract from the Effective Date until Closing, except where
1111
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reasonably necessary in conjunction with the rezoning of the Property and as the parties deem
• reasonably advisable to keep their agents and consultants informed regarding the purchase and
sale of the Property.
10.2 COUNTERPARTS/FAXES. This Contract may be executed simultaneously in
one or more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. Signatures by facsimile transmission of this
Contract shall be deemed original and shall be binding upon both parties.
10.3 ATTORNEY'S FEES AND COSTS. If any legal action or other proceeding is
brought for the enforcement of this Contract, or because of an alleged dispute,breach, default or
misrepresentation in connection with any of the provisions of the Contract,the prevailing party
shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in
that action or proceeding, including those related to appeals, in addition to any other relief to
which it or they may be entitled._
10.4 NOTICES. All notices, demands, requests, or other communications made
pursuant to, under, or by virtue of this Contract must be in writing and either hand delivered,
delivered by overnight courier, or sent by facsimile transmission with confirmed transmission
receipt,or mailed through the United States Postal Service by certified or registered mail, return
receipt requested, to the party to which the notice, demand, request,or communication is being
made,as follows:
To Seller: Bic's Investment Corp.,
ATTN: Mr.Robert T. Bickle -
6780 N. Airport Road
Naples,Florida 34109
Phone:(239)253-8139
Facsimile:
E-Mail:krfunpark(uiyahoo.com
With a copy to: Craig D. Crider,Esq.
Coleman, Yovanovich&Koester,P.A.
4001 Taniiami Trail North, Suite 300
Naples, Florida 34103
Phone:(239)435-3535
Facsimile:(239)435-1218
Email:cgriden@cyklawfirm.com
To Buyer: Top Hat Holdings, LLC
ATTN.: Robert T.Zellers
1471 Airport Pulling Road North.
Naples,FL 34104
Phone:
Facsimile:
E-Mail:
•
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With a copy to; Mark3.Price,Esq •
Roetzel&Andress,L.P.A.
850 Park Shore Drive,Third Floor
Naples,Florida 34103-3587
Phone: (239)649-6200
Facsimile::(239)261-3659
E-Mail:mpriceigralaw.com
or to such other address as may be hereafter designated by either Buyer or Seller by giving
written notice to the other party. Any notice demand,request or other communication shall be
deemed to be given upon actual receipt in the case of hand delivery, facsimile, or telecopier
transmission, or delivery by overnight :courier. In the event of any notice via telecopier or
facsimile transmission, a hard copy shall be sent via overnight mail on the day of such
transmission. Any such transmission received after 5:00 P.M. Eastern Standard Time shall be
deemed to have been given on the next following business day.
10.5 INTEGRATION. This Contract contains all of the terms agreed upon between
the parties with respect to the subject matter hereof and is the complete, final, exclusive, and
entire understanding between Buyer and Seller with respect to the purchase and sale of the
Property and supersedes all previous contracts, agreements, and understandings of the parties,
either oral or written,relating to the Property.
10.6 AMENDMENTS. This Contract may not be changed, modified or terminated,
except by an instrument executed by the parties hereto.
10.7 WAIVER. No waiver by Buyer or Seller of any failure or refusal to comply with
111
obligations of any other party shall be deemed a waiver of any other or subsequent failure or
refusal to so comply.
10.8 SUCCESSORS AND.ASSIGNS. The provisions of this Contract shall inure to
the benefit of, and shall bind, the heirs, executors,administrators, successors,and assigns of the
respective parties.
10.9 NO ASSUMPTION OF SELLER'S LIABILITIES. Buyer is acquiring only the
Property from Seller and is not the successor of Seller. Buyer does not assume or agree to pay,
or indemnify Seller or any other person or entity for any liability, obligation,or expense of Seller
or relating to the Property in any way. The provisions of this Section 10.9 shall survive the
Closing.
10.10 PARTIAL INVALIDITY'. If any term or provision of this Contract or the
application thereof to any person or circumstances shall be declared invalid and unenforceable
by a court of competent jurisdiction, the remainder of this Contract, or the application of such
term or provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall be modified to the minimum extent necessary to make it or its application
valid and enforceable,and the validity and enforceability of all other provisions of this Contract
and all other applications of any such term or provision shall not be affected thereby, and each
•
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tby erm and provision of this Contract shall be valid and be enforced to the fullest extent permitted
•
10.11 GOVERNING LAW. This Contract shall be construed and enforced in
accordance with the laws of the State of Florida, exclusive of choice of law rules, and this
Contract shall not be construed more strictly against one party than against the other merely by
virtue of the fact that it may have been prepared by counsel for one of the parties, it being
recognized that both Buyer and Seller have contributed substantially and materially to the
negotiation and preparation of this Contract. The obligations of the parties are performable,:and
venue for any legal action arising out of this Contract shall lie,in Collier County,Florida..
10.12 ASSIGNMENT. Buyer may assign this Contract to any entity owned or
controlled in whole or part by Tim Zellers.
10.13 HEADINGS. PLURAL AND SINGULAR. The headings which have been used
throughout this. Contract have been inserted for convenience of reference only and do not
constitute matter to be construed in interpreting this Contract. Words of any gender used in this
Contract shall be held and construed to include any other gender and words in the singular shall
be held to include the plural, and vice versa,unless the context requires otherwise. The words
"herein", "hereof, "hereunder" and other similar compounds of the word "here" when used in
this Contract shall refer to the entire Contract, and not to any particular provision or section. If
the last day of any time period stated herein shall fall on a Saturday, Sunday, legal or banking
holiday, then the duration of such time period shall be extended so that it shall end on the next
succeeding day which is not a Saturday, Sunday, legal or banking holiday. The term "business
day" shall mean any day other than a Saturday, Sunday,legal or banking holiday. -
• 10.14 CAPACITY'OF ESCROW AGENT. Escrow Agent ent
g has represented only Buyer
in regard to the closing of the subject transaction. Both parties recognize and acknowledge that
Escrow Agent is counsel for Buyer and that Escrow Agent has agreed to serve as Escrow Agent
as a convenience to both parties. Both parties agree that Escrow Agent may continue to
represent Buyer in this and any other transaction or matter including, without limitation,
representation in disputes between or among Buyer and Seller, and any lender disputes
concerning the Deposit,and disputes concerning Escrow Agent's responsibilities hereunder.
•
10.15 LIMITATION OF ESCROW AGENT'S LIABILITY. Escrow Agent shall not be
responsible for any defaults hereunder by any party. Escrow Agent may consult with counsel of
its own choice and shall have full and complete authorization and protection for any action taken
or suffered by Escrow Agent hereunder in good faith and in accordance with the opinion of such
counsel. In the event of an actual or potential dispute as to the rights of the parties hereto under
this Contract, the Escrow Agent may in its sole discretion, continue to hold the Deposit until the
parties mutually agree to the release thereof, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties thereto, or it may deposit any monies and all
instruments held pursuant to this Contract with the Clerk of Court, Collier County, Florida, and
upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent
shall fully terminate, except to the extent of an account of any monies theretofore delivered out
of escrow. All parties agree that Escrow Agent shall not be liable to any party or person
whomsoever for any action taken or omitted by Escrow Agent, including but not Iimited to any
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misdelivery of monies or instruments subject to this escrow,unless such misdelivery shall be due •
to willful breach in bad faith of this Contract or gross negligence on the part of the Escrow
Agent. All of the terms and conditions in connection with Escrow Agent's duties and
responsibilities and the rights of Seller,Buyer and any lender or anyone else, are contained in
this instrument, and the Escrow Agent is not required to be familiar with the provisions of any
other instrument or agreement, and shall not be charged with any responsibility or liability in
connection with the observance or non-observance by anyone of the provisions of any other such
instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any
paper or other document which may be submitted to Escrow Agent in connection with its duties.
hereunder and which is believed by Escrow Agent to be genuine and to have been signed or
presented by the property party or parties and shall have no liability or responsibility with respect
to the form, execution or validity thereof Escrow Agent shall not be required to institute or
defend any action or legal process involving any matter referred to herein which in any manner
affects it or Escrow Agent's duties or liabilities hereunder unless or until required to do so by
Buyer or Seller,and then only upon receiving full indemnity in an amount and of such character
as Escrow Agent shall require, against any and all claims, liabilities,judgments, attorneys' fees
and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own
willful misconduct or gross negligence. Escrow Agent shall not be bound in any way or affected
by any notice of any modification, cancellation,abrogation or rescission of this Contract, or any
fact or circumstance, affecting or alleged to affect the rights or liabilities of any other persons,
unless Escrow Agent has received written notice satisfactory to Escrow Agent signed by all
parties to this Contract.
10.16 ESCROW AGENT RESIGNATION AND REPLACEMENT. Escrow Agent 111
may resign upon ten (10) days written notice to the parties to this Contract If a successor
Escrow Agent is not appointed within said ten (10) day period, Escrow Agent may petition the
appropriate court to name a successor.
10.17 FURTHER ACTS. In addition to the acts recited in this Contract to be performed
by Seller and Buyer, Seller and Buyer agree to perform or cause to be performed at the Closing
or after the Closing any and all such further acts as may be reasonably necessary to consummate
the transaction contemplated hereby.
10.18 DEFINITION OF OFFER AND ACCEPTANCE. Execution of this Contract by
Buyer shall constitute an offer to purchase the Property on the terms and conditions set forth in
this Contract subject to acceptance of Seller.
10.19 EXPIRATION. The offer of Buyer extended by the delivery of this Contract to
Seller shall be automatically revoked unless Seller shall execute this Contract and deliver an
executed copy of the same to Buyer at or before 5:00 P.M.on March ,2012.
10.20 BROKERS. Buyer warrants and represents to Seller that Buyer has not dealt with
any broker in connection with this transaction other than Welsh Companies Florida, Inc.
("Buyer's Broker"). Seller is represented solely by Investment Properties Corporation("Seller's
Broker"). Seller shall be responsible for all brokerage fees due to Seller's Broker, and Buyer
shall be responsible for all brokerage fees due to Buyer's Broker. In the event of any claim(s)by
any other person or firm for a finder's fee,professional fee or brokerage conunission, Seller and
•
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Buyer hereby agree to indemnify and hold the other harmless from any and all losses, damages,
• costs and expenses, including but not limited to attorneys'fees and related disbursements through
trial and on appeal, incurred in connection with such claim(s) if the warranties stated above are
proven to be false. The party whose warranty is false shall indemnify the other party. The
provisions of this Section 10.20 shall specifically survive the Closing.
10.21 Anti-Terrorism Clause. To the extent applicable to Buyer and Seller, Buyer and
Seller shall comply with all (i)regulations promulgated by the Office of Foreign.Assets Control,
Department of the Treasury which are applicable to Buyer and Seller or an owner of the
Property, (ii)the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et seq.,
(iii)the Trading with the Enemy Act, 50 U.S.C.App. 1 et seq., and(iv)the September 24, 2001
Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit, or Support Terrorism. Buyer and Seller hereby agree to defend, indemnify,
and hold harmless each other from and against any and all claims, damages, losses risks,
liabilities, and expenses (including attorney's fees and costs) arising from or related to any
breach of the foregoing. Buyer and Seller acknowledge that good, sufficient and independent
consideration has been given for the foregoing indemnity.
(Remainder of Page Intentionally Blank)
• .
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IN WITNESS WHEREOF,the Contract has been duly executed by the parties hereto as •
of the day and year set forth below.
WITNESSES: BUYER:
i Top Hat Holdings,LLC
.. Al ���/ a Florida limited liability co,6 pany
Name: Gick a vu go 8 t'41-D tc-il
r ,%A' B I ,.I.IAfir
Robe �ger
N: 1 6-e.o- S ('Lo Date:
SELLER:
e Bic's Investment Corp.,
/ALA A a Florida corporation
el
�,
IIII
...�!' 7, amen.
Name:�� 1:� .�2 Its: 14 a .
Date: �r,
Acceptance By Escrow Agent
Roetzel&Andress, L.P.A.,
a legal professional association
By:
Print Name:
Its:
III
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• Exhibit"A"
Legal Description.
The North V2 of the south /2 of the SW 'A of the SW '/4 of Section
1,Township 49 South, Range 25 East,Collier County,Florida, less
the West 100 feet thereof, previously reserved for road right-of-
way purposes.
•
•
6099114v_02 t 0264.0264
22
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='. _ t F%II so 0tt•3 taa3t 00f$52 60141$
to . WORM OR BOOK MOE
ttr<
•
AliRte d1 'lir�� this QEtev•ter Treatment Agreemeat is entered into this
gif_ 1_ s ftee by end between 111$ LMiE OAR
►ii?....�..� `" ,
• Florid' iiite� Fsrtnershfp• fseteia referred to es
aLoae Oak's PRINCESS PAWL. INC.. a Florida corporation. herein
referred to as •Prietose Par k•• and WALD N OARSNot-For-Prof NAAtt
HCIIIGOIAiERS ASSOCiA?ION. INC.•
Corporation, herein referred to as 'Aseacietian'.
W I T N E S S E T Ns
WHEREAS, Lone Oak is the developer of a certain residential
real estate development project located in Collier County.
Florida. known as Weldon Oaks and described in Exhibit "A•
attached hereto; and
WHEREAS, in connection with such development Lone Oak has
constructed in the Walden Oaks project a wastewater treatment
plant, which plant provides wastewater treatment service to
residents in Walden oaks: and
WHEREAS, Association operates and�g n bsk spuasuant s to ater
treatment plant on lands owned by and between Lone
Oak and Associationedated August 6,Agreement 987 ; nd
WHEREAS, Princess P ' - open of an amusement park
located in Collier Co,j as Princess Park as
described in Exhibit tached her nd
WHEREAS, Princ sa P . ste• •ciation to provider
Q wastewater treatment ervice - ass until such time es
m such service is av•it ��• ii' other governmental
J it
m authority; and Co• c
I,
e S, Assa• ion ha- mgt, t' .e such service; and c1
H
WHEREAS, �
ma WHEREAS, Lone .V� requested Princess
, : and Asaoci- v
park to grant to th - , easement ov �i= North 15 feet of the 4
Princess Park propert •escriberd + ibit "B" to tie into F
�• f, . = y Princess Park at such
sewer lines constructed Pam ��, Collier County and :ewe
time as said lines are =h
Q service is provided to Princess Park and Walden Oaks by Collier
y County or other governmental authority; and
WHEREAS, princess Park as agreed to grant such an easement W
to Lone Oak and Association. ,•; .
NOW, THEREFORE, in consideration of the mutual covenants i contained herein and other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto agree$
as follows:
'V f
" Packet Page-446-' - .,
�, 3/12/2013 8.B.
,iit 401$S2
i." � PACE
i. Assertiiatian ageesa to provide to pri s:rro icra s
vaste�rrater ttealsent service ent i I such time as weh
a vailable by Cellist County or of e r g rneental faei lily.
Ae Pei socia ball be obligated to treat so wore ISOO gallons per
day from 2. princess Park shall install such lines and facilities
required to co sect into the wostewater Assoc ai tion_ to pe**grated by
by Association as nay be requ
service Princess Park.
3. Princess Park agrees alterations or performed t its
ns toense
• Lone Oak's cantraclante to accommodate service to Princess
wastewater treatment p
Park.
4. At such time as sewer service is available to Princess
Park by Collier County or other governmental facility, the
obligations provided foriherein sh ll�cease and this Agreement shall
terminate.
5. During the term of this Agreement, Princess Park shall
for
excl sively ns ervec the Princess lines and
including, but not limited to maintenance of the force main end
water pressure.
6. Princess Park h= -rants to Lone Oak and
assigns, grantees and
Association, their succ �` asement upon, across.
transferees a perpet -exc
over and under the n.. 5 feet of
:ss Park's property as
described in Exhibit "B ie-in to - .d ook up to any sewer
tie-in to any Colli- -u, o • gov -ntal system for the
w e+• - now exi ti g or hereinafter
constructed of sews ag p ivileges, benefits
constructed on sal• p'• i• r ,��#�i' ; / s ing with the land ,
and burdens create = -��` the parties hereto
and binding spec an• s rant of easement
and their respectiv ecessors in a- rights or benefits
shall be deemed t• < clods any �.
which are necessary
the full us. •yment of the rights
and easements herein l - fically desc
7. Princess Park `1� K• . - 1 force main from the
main lift station of Asso s !M in the easement area to
Airport Road. At such time as the lines in the easement area are
tied into the County or other governmental system, Princess Park
along consr Road to tie-in to the County aorr other governmental
along
authority system.
8. This Agreement shall be construed under the laws of the
State of Florida and shall be binding on the parties, their
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5 wsosasara ae assess. t any party brils4a as action to eofoec+e
any of the .rews of this �►gr+raaeat. the prevailing .bait be
axtitled to covet costs and attorneys• fees, inaltidiay on meat.
411110 III ItiVW t 0!►. the parties hereto has set their hands
egid aa11s tti date and year first abets written•
THE LOWS cos i.Iitt'lND, a florid.
�titaassess riorida artnerstaip
• j"
y
. - '.F:' .
N • .
as, `• assiaoeo
PRIWCESS PARK, INC., a Florida
Witnesses: Co ratio:
�T i�"�:r:ter an ar 1 clit/Are'rt:s nt
., a . 'ass . • .:.
WALDEN OAKS OP NAPLLS HOMEOWNERS
ASSOCIATION, INC.. a Florida
Witnesses: Not-for-profit Corporation
ff 4 `� "' C.,-
C 0 lily V f-,
Li-
11E CIA -`"
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•
OR ROOK PAGE
►n C? PLN/ A 410".'
noun?! OF Coif 11R
1 Y that ens e.his day, before me, an officer
dull! author ised in the State• aforesaid and in the County
of said o take ecknovled„gmeats. personally appeared
•1n1. �__ .1( as e. _✓�Q�,+-*s.h of LONE OAR
I, TNO.a or Limited Partnere*;p. the corporation described
in the foregoing instrument and that he/she acknowledged
executing the sate under authority vested in him/her by said
corporation and that the seal affixed thereto is the seal of said
corporation. .
WITNESS my hand and official seal in the County and State
last aforesaid this , _ day of . 1990.
`" i
• ' • 1il -
Notary 1'tsbrlic . Kathleen C. Fassidomo
My Commission Expirest
JUNE 20, 1992
STATE OF PLoRIDA
COUNTY OP COLLIER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorised in the State aforesaid and in the County
aforesaid to take ackn• eats, personally appeared
.. gR►�., of PRINCESS PARK
INC.,a ! or a Corpora ' j -"7:1t1-1.• -t on described in the
foregoing instrument , 1. at he/she lodged executing the
same under authority v= .ted in him/her •y raid corporation and
that the seal affix e,.= o . :eel •f =aid corporation.
WITNESS my ha • '` iiilnirowit County and State last aforesaid this (i , 1990.
Ow-
. • .
�� ��.: `C - Kathleen C. Y8sai.tlano •
��
.11r sion Expires:
•, 1992
PHEC1'
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es 148
f� /20
_ OP D&
i. *, Cot.LIS*
0110 1 MUM CItRltttt that on this day. before ne. an officer
d:ely asthorisoet to the Slate afrresaid and ie the Comm
id tea tabs aotems i st#; personally of
as
8 'rzoI• a pier -tor-Srefit
Corporation the aorporatloa described in the fereeteinq
instre etle and that he/she acknowledged executing the sane under
authority vested in his/her by said corporation and that the seal
affixed thereto is the seal of said corporation.
W TWSSS my hand and official seas in the County and State
last aforesaid this ,�-c day of . 1990.
✓ ,1
.I 1 ! r
Notary rubkd - xahtzoen v. fassidoaw
Ny Comma ss fon Expires:
•
JUNE 20 1992
Phis instrueent prepared bye
iiathieen C. passidoxo
NARTER• BECREST i iK'IERY
800 Laurel Oak Drive - Suite 400
Naples, Florida 33963
r�1�,R G`�.�
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Trebhlcock
01 anninu•enDineerinu
Traffic Impact Analysis
Tamiami Hyundai
Planned Unit Development Rezone
Official Interpretation (0I)
Collier County, FL
8/1/2012
Prepared for: Prepared by:
Davidson Engineering, Inc. Trebilcock Consulting Solutions, PA
3530 Kraft Road, Suite 301 2375 Tamiami Trail N, Suite 207
Naples, FL 34105 Naples, FL 34103
Phone: (239) 566-9551
Email: ntrebilcock@trebilcock.biz
Packet Page-456-
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis -August 2012
Statement of Certification
I certify that this Traffic Analysis has been prepared by me or under my immediate
supervision and that I have experience and training in the field of Traffic and
Transportation Engineering.
Norman J. Trebilcock, AICP, P.E.
FL Registration No. 47116
Trebilcock Consulting Solutions, PA
2375 Tamiami Trail N, Suite 207
Naples, FL 34103
Company Cert. of Auth. No. 27796
2
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis -August 2012
Table of Contents Page
Project Description 4-5
Trip Generation 6-7
Conclusions 7
Appendix A: Project Master Site Plan - Proposed PUDA (1 Sheet) 8-9
Appendix B: Project Master Site Plan - Existing Zoning Concept (1 Sheet) 10-11
Appendix C: ITE Trip Generation Calculations (2 Sheets) 12-14
3
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Tamiami Hyundai PUD Rezone DI- Traffic Impact Analysis -August 2012
Project Description
The Tamiami Hyundai Planned Unit Development (PUD) project is located in north
Naples on the east side of Airport-Pulling Road (CR 31), south of Orange Blossom
Road at an approximate midpoint between Vanderbilt Beach Rd and Pine Ridge
Rd. The project has a street address of 6780 Airport-Pulling Road North and is
approximately 11.4 acres in area.
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Tamiami Hyundai PUD Rezone Ol- Traffic Impact Analysis August 2012
The existing project site is called King Richard's Family Fun Park. The project is
located within the Princess Park Planned Unit Development (PUD). The existing
PUD (90-53) permits amusement park type uses, including: miniature golf course,
mini-car track, batting cages, swimming pool, video games and other similar
recreational uses. The Tamiami Hyundai PUD Rezone will be redeveloped in a
different manner as a single use PUD and as an auto car sales dealership (sales
and service) - Table 1— PUDA Development Program.
Refer to the location map/aerial above and Appendix A for a project master site
plan.
The Tamiami Hyundai PUD Rezone provides a highest and best use scenario with
respect to the project's proposed trip generation. The TIA is run based on the
entire proposed project as an auto car sales dealership.
Table 1—PUDA Development Program
Land Use ITE Land Use Code Total Size Build-Out Year
New Car Sales -- 841 : 65,000 sf 2014
The existing Princess Park PUD can be redeveloped as illustrated below—Table 2
— Existing PUD Concept. Refer to Appendix B for an illustrated Project Master Site
Plan.
Table 2—Existing PUD Concept
Land Use ITE Land Use Code Total Size
Multi-Purpose Recreational Facility 435 65,500 sf
5
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis-August 2012
Trip Generation
The project's site trip generation is based on the Institute of Transportation
Engineers (ITE) Trip Generation Manual, 8th Edition. The software program Trip
Generation by Microtrans (Rev. 11/08) is used to create the raw unadjusted trip
generation for the project. The ITE rates are used to generate the anticipated
project trips. Table 3 illustrates the proposed gross trip generation for the
proposed zoning. Table 4 illustrates the potential gross trip generation with the
existing zoning. Table 5 illustrates the net difference in trips for the two projects
(proposed zoning minus existing zoning; Table 3 minus Table 4). More details of
the trip generation calculations can be found in Appendix C.
Table 3 - Proposed PUDA- Project Trip Generation (Unadjusted)--Average
Weekday
PM Pk Hour
Land Use Size Enter Exit
New Car Sales 65,000 sf 66 103
Table 4 - Existing PUD Zoning - Project Trip Generation (Unadjusted)—Average
Weekday
PM Pk Hour
Land Use Size Enter Exit
Multi-Purpose Recreational Facility 65,500 sf 129 105
6
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Tamiami Hyundai PUD Rezone OI- Traffic Impact Analysis-August 2012
Table 5 - Project Trip Generation (Net New)—Average Weekday
PM Pk Hour
Land Use.'. Size .. Enter. Exit Total
New Car Sales 65,000 sf 66 103 169
Multi-Purpose Recreational Facility- 65,500 sf 129 105 234
Net New Trips (-)63 (-)2 (-)65
Conclusions
The net new project trip generation shown in Table 5 reveals a net decrease in
the PM Peak Hr volumes versus what is allowed under the existing zoning. This
reduction is more than a 25% decrease in the total PM Peak Hr traffic. Based on
the Trip Generation shown, the proposed project is less intensive and is not a
significant traffic generator to the Collier County roadway network, at this
location.
7
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Tamiami Hyundai PUD Rezone DI- Traffic Impact Analysis -August 2012
Appendix A: Project Master Site Plan
Proposed PUDA
(1 Sheet)
8
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Tamiami Hyundai PUD Rezone DI- Traffic Impact Analysis -August 2012
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis -August 2012
Appendix B: Project Master Site Plan
Existing Zoning Concept
(1 Sheet)
10
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis -August 2012
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Tamiami Hyundai PUD Rezone OI- Traffic Impact Analysis -August 2012
Appendix C: ITE Trip Generation
Calculations 8t" Edition)
(2 Sheets)
12
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis-August 2012
Top Hat Auto (Redevelopment of King Richard's Site)
Summary of Trip GeneraLion CalculaLion
For 65 Th.Sq.Ft. GFA. of New Car Sales
April 17, 2012
Average Standard 72djup.tment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 3.34 18.88 1.00 2161
7-0 AM Peak Hour Enter 1.50 0.00 1.00 90
7-S AM Peak Hour exit 0.53 0.00 1. 00 34
7-9 AM Peak Hour Total 2.03 1 •79 1 .00 1--...2
-,_
4-6 PM Peak Hour Enter 1.01 0.00 1.00 66
4-6 FM Peak Hour Hxit 1 .58 0.00 1 . 00 103
4-6 PM Peak Hour Total 2.59 1. 03 1 .00 168
AM Pk Fir, Generator, Enter 1.23 0.00 1.00 80
AM Pk Mr, Gcnorator, Exit 0. q7 0.00 1.00 63
All Fk Er, Generator, Total 2.20 1 .05 1. 00 243
PM Pk lit, Generator, Enter 1 .22 0.00 1. 00 79
PM Pk hr, Generator:, Exit 1 .50 0.00 1.00 96
PM Pk Hr, Generator, Total 9,72 1.96 1.00 177
Saturday 2-Way Volume 21 .03 9.3A 1 ,30 1307
SuLurduy Pouk Hour EnLor 1.ol C.00 1.00 98
Saturday Peak Hour Exit 1.46 0.00 1.00 95
Saturday Peak Hour Total 2. 97 2.15 1 . 00 192
Sunduy 2-Wav Volumo 1 .3.48 5.23 1. 00 68i
Sunday Peak Hour Enter 0.00 0.00 1. 00 0
Sunday Peak Hour F;xit 0.00 0.00 1 . 00 0
Sunday Pouk Hour ToLui 0. 00 C.00 1. 00 0
Noo: A ZQI0 illdiCULO.'3 no duLu availublo.
Source: institute of Transportation Engineers
Trip Generation, 8th F.dition, 2008.
TRIP GENERATION EY MICHOTRANS
13
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Tamiami Hyundai PUD Rezone 01- Traffic Impact Analysis -August 2012
Summary ol Trip Cfacra'_ion CuiculuLioa
Poi 65.5 lh.Sq..1-2t. GPA of Multi-Purpose Rec. Pacility
June 03, 2012
Average Standard Adjustment Driveway
Rate Deviation Factor Volume
Avg. Weekday 2-Way Volume 0.01 0.00 1.00 0
7-9 AM Peak Hour Enter 0.00 0.00 1.00 0
7-9 AM Peak Hour Exit 0.00 0.00 1.00 0
7-9 IN P:..-uk Hour TQl_ul 0.00 0.00 1 .00 0
4-6 PM Peak Hour Enter 1 .97 0.00 1.00 129
4-6 PM Peak Hour Exit 1 .61 0.00 1.00 105
4-6 PM Peak Hour Total 3.ni-; 1 . ,42 1 .00 234
Saturday 2-Way Volum°. 3.00 3.00 1 .00 0
Saturday 'Peak Hour Enter 0.33 0.00 1.00 0
Saturday Peak Hour Exit 3.03 0.00 1.00 0
SuLurctay Pf:uk Hour Tc'_ul 2.00 2.00 1 .00 0
ook„
Nolo: T\ ; 1,1- iGn:.(::: no c;irl.n i)vilik,51(:.
Source: institute of Tran.wortation Engineers
Trip Generation, 0th Edition, 2000.
'2RIF GENERP.'210N '.7_,,Y MICRO'fRANS
14
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January 17,2013
For the Collier County Planning Commission hearing regarding rezoning of King Richards
I am David Pezzullo, a resident of Walden Oaks and have been asked to
speak on behalf of the community by the Board. Walden Oaks is directly adjacent
to what is now King Richards. As you have seen from the maps, we share a
border on King Richards' northern and eastern sides. This fact alone-that a
proposed car dealership abuts a residential community on two sides - is
exceptional. Naples View just north of us will be breaking ground soon building .
high-end residential, then GL Homes is in the process of purchasing and
developing over 100 acres of Temple Citrus to our south and east. So this
inconsistency - a car dealership in a sea of mostly residential and some light
commercial - will over time only become more noteworthy.
Last Spring several of us residents of Walden Oaks were in this room to
strongly support the rezoning application for 6900 Airport Road, which we also
border on two sides, from agricultural to residential use after working closely
with the prospective developers. This time, however, after carefully considering
the proposal by Top Hat Auto we are here to ask that you NOT recommend the
rezoning of King Richards and have presented commission members copies of a
petition signed by Walden Oaks members emphasizing this judgment. Many of us
attended the public hearing in the fall and subsequently our Master Board voted
unanimously to resist this application for rezoning.
We understand that when the Collier County Growth Management Plan
came into effect in 1989, King Richards as an existing C-4 usage was allowed to
continue operation even though it did not fit within the plan's logic for
development. it was stipulated, however, that any new use for that property
would have to be of equal or of lesser intensity than King Richards.
By that very clear standard —equal or less intensity—the application now
being considered by the board does not qualify. Whether measured in lumens
(for outside lamps), decibel (machinery), hours of actual operation in a week,
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number of employee hours, amount of chemicals used - be it lubricants, paints,
glues, solvents, and other toxins—coverage of asphalt, amount of machinery
utilized on an hourly and daily basis, the car dealership being proposed would
generate far more activity than King Richards produces.
There are two principal reasons for this. One is that King Richard is not very
active. While its official hours of operation seem extensive, hours of actual
activity are limited usually to only a few hours a few days a week. Most of the
time and most days of the week the outdoor rides are not being utilized. And
when they are, most of the noise comes from kids screaming happily on the rides
or the crack of bat on ball in the batting cage. Some may judge King Richards an
unsightly mess but it is hardly a hive of semi-industrial activity. What noise and
lighting it does produce is sporadic. We have not been privy to all the
information that you have received from the advocates for this rezoning, but from
our very close observation— and several of our residents have owned, operated
or worked for dealerships -the most moribund car dealership in Naples would be
more active by almost any measure than King Richards.
The second reason the proposed new use would represent far more
intensive activity is that the business planning that motivated and justifies any
such multimillion dollar investment has to assume a good deal of activity to be
financially feasible. Any dealership on this 12 acre parcel surrounded by
residential and light commercial would have to be an anthill of semi- industrial
and heavy commercial enterprise to remain viable. Cars will be delivered, moved
and washed daily. Air compressors for both the body shop and mechanical shop
will be churning. Air chisels, grinders, and sanders in the body shop will be
whining. Air wrenches in the tire shop will be shrieking. It will be noisy and the
bay doors will often be open. The intensity of activity- and particularly regarding
high powered machinery,from lifts to high pressure air tools - will be significantly
greater than King Richards simply to cover the investment.
We have admired how the very well regarded lawyer and engineering firm
hired by Top Hap have created an idealized version of what this proposed car
dealership would be like. We know, however, that in the real world noise,
2
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lighting, contamination and most importantly activity will be greater than what
now exists. Perhaps, comparing a child's scream to the shriek of an air wrench
comes down to a subjective judgment. But if one enterprise is occasional and
mostly light commercial, while the other is daily, semi-industrial and constant
throughout most of the day, a comparison of intensity of activity is not difficult to
make.
Some may say this new use would represent an improvement despite the
more intensive activity (actually due to the more intensive activity); it would be
better organized and maintained, more secure and aesthetically more pleasing.
That may or may not be the case. But based on the criteria for new use set by the
Growth Management Plan - namely less or equal intensity of activity - we would
have to hide all real world evidence and business logic to conclude that the car
dealership being proposed here to replace King Richards would meet that
standard.
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October 20,2012
Ms. Nancy Gundlach. Principal Planner
Collier County
Growth Management Division
Planning& Regulation Zoning
2800 N. Horseshoe Dr.
Naples. FL 34104
RE: Re-zoning King Richard's Park
Dear Ms. Gundlach:
This letter is written on behalf of the three (3) under-signed property owners in the Walden Oaks
development. All three of us are strongly opposed to the property being turned into a car dealership.
We are aware that there are many parcels of undeveloped land in the Orange Blossom — Airport vicinity.
However, there is no need for these parcels to be zoned for commercial or retail uses. As you know, there
has been an increasing amount of residential development in this area over the past 10 years. Interest in
residential ownership has evolved with developments at Tiburon, the Baptist school, the new government
building, and the splendid new Collier County library. Additionally, residences in this area have easy
access to — without interference from -- the major retail developments on Vanderbilt, Pine Ridge, and
Naples Blvd. Our neighborhood does not need more retail or commercial business.
We beg you to continue zoning this area for predominantly residential purposes — to continue to create a
peaceful "neighborhood" section of Collier County. We are middle-income owners and would welcome
more middle-income residences for teachers, medical workers and first responders. As a planner,you must
be able to foresee the"snowballing"danger that a car dealership could have on our area: that is,as soon as
one dealership is in place, there will be another and another. We are fearful that our beautifully-landscaped
Airport Boulevard will wind up looking like U.S. 41 in Fort Myers. and that our property values will
plummet.
As long-time owners of Walden Oaks' homes, we are aware of King Richard's desire to sell. However, as
the Naples Area Board of Realtors points out in today's Naples Daily News. "the coming months will be a
good season for sales. . . . The Naples area has just moved from a buyer's market to a buyers' and sellers'
market with tremendous opportunities for both." In short, this is far from being the last opportunity for
King Richards to find a buyer that will be a suitable fit for Walden Oaks' residents.
A car dealership is just NOT the right fit for us!
El3z`aheth M. Lynn. Ph.D.
6519 Ilex Circle
(239)254-1955
f-G
Danuta G. Feller
6517 Hex Circle
(239)513-2390
Marguerite Black
6510 Ilex Circle
(239)566-9923
Packet Page-473-
,----2---7----\\ 3/12/2013 8.B.
Walden Oaks Petition
The following list of residents and interested citizens OPPOSE the proposed
Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King
Richard property to permit an automotive dealership with associated facilities including
new and used car sales, repair and paint facilities, as well as additional lighting and
use of signs associated with business.
Signature Address
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,_l-
Walden Oaks Petition
The following list of residents and interested citizens OPPOSE the proposed
Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King
Richard property to permit an automotive dealership with associated facilities including
new and used car sales, repair and paint facilities, as well as additional lighting and
use of signs associated with business.
Signature Address
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Walden Oaks Petition
The following list of residents and interested citizens OPPOSE the proposed
Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King
Richard property to permit an automotive dealership with associated facilities including
new and used car sales,.repair and paint facilities, as well as additional lighting and
use of signs associated with business.
Signature 1,/- Address
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Packet Page-476-
. 3/12/2013 8.B.
Walden Oaks Petition
IC/ The following list of residents and interested citizens OPPOSE the proposed
Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King
Richard property to permit an automotive dealership with associated facilities including
new and used car sales, repair and paint facilities, as well as additional lighting and
use of signs associated with business.
-.,4. '. .
Signature Address
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Packet Page-477-
3/12/2013 8.B.
Walden Oaks Petition
The following list of residents and interested citizens OPPOSE the proposed
Top Hat PUDA Petition - an amendment that would allow for the rezoning of the King
Richard property to permit an automotive dealership with associated facilities including
new and used car sales, repair and paint facilities, as well as additional lighting and
use of signs associated with business.
Signature Address
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Packet Page-478-
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Packet Page-479-
.. 3/12/2013 8.B.
\V a d C n Oaks l+ #:ro l
OPPOSE '
The fr„,lic,wino list of residents and interested citizens ,,,.., . ,,,,,,,,L. the proposed
To.d Hat PljnA Petlfion - an amendment that wouid aflow for the rAzonind of the Kind
hard propen:y to Dermjt an automotive dealership with associated facilities inciudino
and used car sales. repair and paint fast,Jt-,,,,, , as we as additional Orfintino and
use of ;Ions associated with business.
er the years, we nave made a sefict.fs effort to rnaintin tha, int=nrity of i.,-,
4.., . ...,..,„4,,,, 4 ....,, 4
q,-bc. 00d. in our ftidgerrient4 t additiona; noise kghtind and traffic; associatc,O
bLi,z,iness this lards will directy effect the vaiue of our hornes as we as the
aestetinc and duatity of iife in, our cornmunmJ
-a rleahnq who s Tentativev soneo'!meo for the foNowing dates:
C,oliier Or mty H...,,,,-rin ,71q commission: January 17, 2013
Board of 0:,-A-,.g,--,r County Cornmissioner4-,: March 12 7013
Please oani to attend the hearin-,4--
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Packet Page-480-
Aug
• 3/12/2013 8.B.
EXECUTIVE SUMMARY
Elizabeth M. Lynn, Ph.D.
Many residents of Walden Oaks strongly feel that the Top Ilat proposal is not similar in
impact to the current outdoor recreational theme park and does not qualify for re-zoning
for at least 3 reasons:
I) Reduction in Air Quality
Air pollutants from auto repair shops are well documented by OSHA. Pollutants
include particulates, dust, fumes, gases. mist, smoke. vapors, or odors. The
National Center for Manufacturing Sciences reports that the public is in as great
a risk from fugitive emissions as are shop-floor workers. Top Hat is planning
37 service bays that will generate these pollutants near the Walden Oaks'
community outdoor swimming pool. Some residents would be particularly
vulnerable to these fugitive emissions: children and residents with respiratory
disorders.
2) Increase in Noise
Within Collier County's Noise Code. residential amenities. such as the
community swimming pool. are "considered a residential use.'. The maximum
sound level for residential zoning is 60 decibels (dBA). Residents of Walden
Oaks believe the accumulated noises from air conditioners atop a 65,000 sq. ft.
building. plus a 4-hay car wash. and assorted pneumatic tools being used in 37
hays will far exceed the allowable sound level and will disturb the peace and
serenity of our entry and of the community's single pool. Average noise levels
of a single-bay car wash facility which will he located approximately 167 feet
from the Walden Oaks swimming pool -- are 70-80 dr3A at a distance of 50 feet.
3) Increase in Traffic
Collier County's Transportation Department reports a count of 31.261 cars for
the 4"' quarter of 2012 for the section of Airport Road between Pine Ridge and
Orange Blossom. The data also shows a rapidly-escalating increase in volume,
G car-to-year. Traffic on Airport Road is already so heavy during "season" that
Walden Oaks residents have considerable difficulty entering and exiting the
community.
Top Hat's additional traffic volume will have a further detrimental impact on
Walden Oaks residents. Tile statistically derived 33.34 "trips generated" in
Trehilcock's Traffic Impact .Analysis will not have as great an impact as the
"driveway volume' reported. Top I lat expects an average daily two-way
driveway volume of 2.167 cars. Saturdays. the volume would he 1,367:
Sundays it would be 681.
In sum. Walden Oaks' residents feel strongly that the County Commissioners should
reject the Top Hat proposal in Info. Ample. documented evidence to support these three
claims is contained in the accompanying report.
Packet Page-481-
3/12/2013 8.B.
ENVIRONMENTAL PROBLEMS ANTICIPATED
BY LOCATING; TOP HAT DEALERSHIP
NEXT 1'0 LONE: OAK PUD
I:liraheth M. I.∎nn. Ph.D. •
If the Collier County Board of Commissioners allows Top Ilat dealership to locate next
to the Lone Oak PUD. serious noise, air quality. and traffic conditions will result. causing
a detrimental effect upon the residents of Walden Oaks. The purpose of this report is to
document the likely noise, air, and traffic problems that are expected to emanate from this
dealership.
NOISE
Walden Oaks is a noise-sensitive residential community of 320 homes,1 including single-
family, attached villas, and multi-family homes. On average, there are two residents per
home. These homeowners share a common single pool. two tennis courts. and a
clubhouse at the most westerly part of the development. Other than those amenities.
homeowners have no yard-space for private pools. There are only miniscule yards
dividing properties. The outdoor heated pool. which enjoys heavy resident use_ is located
just 167 feet from the boundary where Top Hat plans to put its 4-bay car wash.- The pool
is very much a part of residents' lives year-round.
Federal and Collier County Noise Guidelines
A Menlo Park (CA) study reported that "The U.S. EPA activity and interference
guidelines are designed to ensure reliable speech communication at about 5 feet in the
outdoor environment. . . . Interference with activity and annoyance should not occur if
levels do not exceed 55 dBA [outdoors]."'
Collier County's Noise Code has been established to ensure "the enjoyment of life and
property in the County." Within the Noise Code, residential amenities, such as our pool_
are "considered a residential use."4 The maximum sound level limits for Residential
zoning from 7:00 a.m. to 10:00 p.m. are 60 decibels (dB-A).5 However. because the
Code allows "exception for existing operations if Top Flat builds next to this property
and, subsequently. violates the noise code. it will he too late to correct the problem.`'
As measured by direct line on the Collier County aerial photograph of the properties from the boundary
line to the pool.
Public Review Draft, 1300 El Camino Real Project, FIR.Noise. Menlo Park.California.
http:!/www.rnenlopark.orgldepartmentsipinri 300FCR DLIR/4a Noise.pdf
Collier County. Florida.Code of Ordinance~ See. 54-92 tgi t2).
Collier County. Florida.Code of Ordinances.Sec.54-92.-fable I.
Collier County. Florida.Code of Ordinances.Sec.54-87. Exemptions.M.
Packet Page-482-
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Noise Problems with the Top Hat Development
Part of Top Hat's plan' is to build a 4-hay car wash and 37-hay service facility. The total
stationary development will generate noise from ventilation/air conditioning. loading and
unloading activities, parking lot activity,jet-stream washing and blow-drying 75 vehicles
per day8, and compressed-air driven tools such as air guns, impact wrenches, air drills,
hammers. grinders, and ratchets. Most of this noise will occur on the North side of the
Top Hat plan. 167 feet from the Walden Oaks outdoor swimming pool throughout the
time the pool is in use.
Tool Noise
According to county-reports throughout the country. Top Hat's service hays and carwash
hays will be noi.ry. In a major study of auto collision repair shops. "the majority of tools
generated noise levels above 85 dBA. Air guns. wrenches . . . and air drills generated
noise levels with the 5th percentile above 90 dBA. Mean noise levels generated by
hammers, grinders, and ratchets were also above 95 dBA."9 in Sacramento County,
"noise measurement date collected at various locations indicate that a typical impact
wrench produces a maximum noise level of 73.3 dBA at a distance of 50 feet."10 in a 37-
hay servicing shop, it is reasonable to assume that 3 or 4 such tools would operate
simultaneously. creating tremendous noise.
Air Conditioning Noise
Air conditioning sound data varies considerably but. unquestionably, all A/C systems
generate noise. In Costa Mesa, a CarMax Superstore project of 40.363 square feet put ten
(10) condenser units on the roof of the new building_ rangin<g, in cooling capacity from 3
tons up to 17-1/2 tons. The resulting noise level ranged from 51-53 dBA.I I A greater
capacity will he needed to cool lop Max's 65,000 sq. ft., producing a higher level of'
constant noise.
Car Wash Noise
Car washes present special noise problems for residents.' Top Hat plans to operate a 4-
hay car wash. Most research has been conducted on only single-hay. rather than
multiple-bay washes. However, multiplying the research results by 4 should provide a
food sense of the volume four car washes would produce. In Escondido, county planners
received manufacturer's data on Aerodry Systems 15 hp. "reduced-sound" motors. The
Top Fiat revised proposal.Feb. 11,2013.
Rejan. t rosscau.K Parker."f aposure Assessment in \uto t. rrlision Repair Shop... tor!r roc=i of Occunationa anti
I ai'rnn,uunkii H;eiene. Vol. R. Issue 7.201 i.
i(tSacramento County,General Plan.Noise Element.
http:/ssssn insa2.saceouptv ni iplannin0/Documents'General°020Plan°a2O2030'tioise%2Olaement%2{It3aekgrinind.ndf,
11 Draft Noise Assessment tier CarMax FIR,CO of Costa Mesa.California, ReporI 421107-148. May 17.2007,
hitp.'ws+5s.ei.costa-mesa.ca.us:does plannine carnw -\nhend V° 2U='02{)Noise° 201m ct°d,20,Analk,is dt'
'Car wash owner is a nois■ blowhard.claim anan neilhhurs.'
http://ww‘k.brooklyndaily.com/stories:'2012:30.1hn ibesteankash, 2012 07 27 hl:Ftml
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sound level for a 4-motor blower for a single-hay car wash was 86.4 dBA at 20 feet.° In
Beaverton. Colorado. the noise impact assessment was conducted for a CarMax carwash.
The sound engineer reported that the car wash noise level was 84.5, but that it would
decrease to 69.6 dBA at 50 feet. to 63.6 dBA at 100 feet_ and 57.6 dBA at 200 feet.I4 In
Sacramento County, an acoustical study of car washes reported that "Noise
measurements of various car wash facilities indicate [that] typical average noise levels of
70-80 dBA at a distance of 50 feet from the wash tunnels are common."15
Cumulative Noise
Walden Oaks residents have not had the funds or time to hire an acoustical engineer, but
strongly believe these noise sources from AC's, pneumatic tools, and multiple car washes
are not separable sounds. They are cumulative and would have a significant detrimental
impact upon users of the Walden Oaks swimming pool.
''Noise Impact Analysis: Talk of the Town. Escondido.Jan..26.2012.
http://www.eseondido.org/Data/Sitesil/medi t-I'DFs`Plannitte.%1 tlk NoiselmpactAnalvsis.pdf
a Staff Report.Planning Commission.Beaverton.CO. Oct. 2s. 2009.Condtional Use Analysis and Findings.C13-22.
http://beaverton.,granicus.com/MetaA iewer.php?view id =3&clip_id=436&meta id 21972
I Noise Element: Sacramento County.
http/'www.msa2.saccounty.netiplannine/Documents%General%20Pl,tn%202030 N Oise°o20Elemcnt%'-013acktimund.pdf
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AIR QUALITY
Regular pool-users from the Walden Oaks community include residents who suffer from
asthma and other COPD diseases such as emphysema. Two major studies show that the
"Accessory Uses" — 29 service bays -- planned by Top Hat will generate definite
environmental hazards for these residents who already suffer from respiratory difficulties.
The accessory uses (approved by the Planning Commission) may he even more
dangerous for small children who are frequent users of the pool.
As these studies report, air pollutants include particulates. dust, fumes. gases. mist,
smoke. vapors. or odors."' Known occupational risks for the Top flat SIC codes include:
adverse nervous system effects. bronchitis. asthma. and carcinogenicity.t' "[he findings
from both studies are sobering.
Known Emissions from Auto Repair Shops
The following NCMSIh table shows the total emissions (in tons per year) from the
automobile repair subsector for volatile organic compounds (VOC), nitrogen oxides
(NOx) and hazardous air pollutants (HAPs),I9 Top Hat dealership is planning to
implement most of these SIC codes.2t
SIC Subsector VOC NOx HAP
7532 Top, Body. and Upholstery Repair Shops and Paint Shops 2.510 29 102.909
7533 Automotive Exhaust System Repair Shops 0 12
7534 Tire Retreading and Repair Shops I 162 6 65
7536 Automotive Glass Replacement Shops 7 0 4
7537 Automotive Transmission Repair Shops
7538 General Automotive Repair Shops 363
7539 Automotive Repair Shops, Not Elsewhere Classified 4
"Environmental Compliance Guide fnr Auto Repair Shops. Office of Compliance Assistance and Pollution
Prevention. State of Ohio. Columbus.Ohio. Alarch 22((17(update).
htp.._rtitwo 1p.011iouV ArrtnRcp:i! (mule
_.i`�_{.
konstsantvn,t;ssar. -Should Auto Rods Repair and Paint Shops in the State of Rhode Island tic Regulated tinder
Industrial Pretreatment Program?"2004 Thesis.Center for I;nv ironntental Studies. 1trown I n versit}.
cnvstudies.hrot z.edu'thcseskussarthc is.pd[
18 The National Center for MannOtcturino Sciences(NCMS) is a non-profit collaborative manullrcturino consortium of
175 North American corporations.
'''NORMS: Environmental Roadmapping Iniiiatitel Impacts. Risks.and Regulations: ,lutonunivc Services: Risks.
hnp:hccm.ncros.org 1 RI-nets:'IRRautoycry.him
Fop I at Proposal.I ebruar I I.2013 rc'ision. Appends. .\. I nittcd I Ise; rt
4
Packet Page-485-
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7542 Carwashes 7 1
7549 Automotive Services, Except Repair and Carwashes 22 () 2
Total, all automobile repair subsectors 2,708 36 103,360
5541 Gasoline Service Stations 10.573 96 21.973,
Total, all automobile operation subsectors 13,231 132 125,333
This NCMS report goes on to say: "To some extent in repair facilities. . . the public is in
as intimate contact with fugitive emissions from automotive service operations as
workers on the shop floor are to emissions from industrial processes."
Hazardous Wastes from Auto Repair Shops
In 2004, a graduate student in Brown University's Center for Environmental Studies
studied three categories of the auto business in Rhode Island for potential hazards to
human health and the environment:'1
- automotive body shops and paint shops
- general automotive repair shops
- motor vehicle dealers (new and used)
His findings should give pause to Planning Boards nationally and are of great concern to
the residents of Walden Oaks. I lis investigation found that the types of waste generated
by auto repair shops include:
- oil and grease.
- refrigerants: hydrofluorocarbons
- coolants: ethylene glycol
- battery acid
- heavy metals: auto body paints and thinners
- cleaning solvents
- used oil filters
- paint-contaminated wastes
- end-of-life batteries and tires
- shop rags
- absorbents
- mercury switches
- catalytic converters
- asbestos brakes
- solvents, paints. adhesives
21 t!ssar thesis, op. cit.
5
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Risks to Humans
The risks to humans from these products were divided into two tables (below): the risks
from 1) inorganic compounds. and 2) organic compounds.
Table 2. Summary of Risks Occupational Risk 1151 Environmental Risk 115
by the Contaminant
r Contaminant ;
Inorganic compounds
Aluminum Respiratory problems Can be taken up into some
including coughing and plants from soil: not known
asthma to bioconcentrate up the food
chain
Arsenic Abnormal heart rhythm. Cannot be destroyed in the
damage to blood vessels: environment; dissolves in
death water: fish and shellfish can
accumulate arsenic
Cadmium Damages the lungs and can Binds strongly to soil
cause death particles: doesn't break down
in the environment:
bioaccumulates: fish_ plants,
and animals take up
cadmium
Chromium Can cause stomach upsets. Binds strongly to soil
convulsions. kidney and liver particles: dissolves in water
damage. and death
Nickel Causes allergic reaction: Binds strongly to soil
chronic bronchitis and particles: doesn't
reduced hung function bioaccumulate
Lead Affects almost every organ Does not break down: travels
and system long distance in air: sticks to
soil particles
Strontium Can damage bone marrow Dissolves in water: gets into
and cause anemia and I groundwater
prevent the blood from
clotting properly
Vanadium Lung irritation. coughing. Stays in the air. water, and
wheezing. chest pain. runny I soil for a long time: sticks to
nose, and a sore throat soil sediments: doesn't
bioaccumulate
Zinc Can cause stomach cramps_ Attaches to soil sediments.
nausea. vornitin9,. anemia and dust particles: bounds to
soil particles and does not
6
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3/12/2013 8.B.
dissolve in water; builds up
in fish
I '
Organic Compounds
Tetrachloroethylene, or Dizziness. headache, Biodegradable: does not
perchloroethylene sleepiness, difficulty in bioaccumulate
speaking and walking,
unconsciousness, and death
Carbon tetrachloride Causes liver. kidney. and Forms chemicals that can
central nervous system destroy ozone in the upper
damage: probable human atmosphere: very stable in
_ — carcinogen ! an (lifetime 30-100 years)
Methylene Chloride Causes dizziness, nausea and Biodegradable; not known to
a tingling or numbness of bioaccumulate; does not
finger and toes easily dissolve in water
1,1.1-trichloroethane Dizziness. unconsciousness. Destroy the ozone layer:
low blood pressure,and loss travels with water: may last
of heartbeat for about six years in the air
1.1,2-trichloro-1,2,2- Affects nervous system: not Stays in water for a long
trifluoroethane, or R-1 12 carcinogenic to humans time; breaks down slowly in
air
Xylene Affects the brain: causes Biodegradable; small
headaches. lack of muscle amount builds up in fish and
coordination. dizziness: not plants
carcinogenic to humans
Acetone Causes lung and eye r Biodegradable —}
irritation. headaches.
confusion. effects on blood.
nausea, unconsciousness
Methyl isobutyl ketone Causes gastrointestinal Biodegradable expected to
(MIRK) I disturbances and central he confined to the local area
nervous system impairment ; in which it is emitted: gets
into groundwater
Ethylbenzene Dizziness, throat and eye I Biodegradable
irritation.tightening of the
chest; not carcinogenic
Cresols and cresylic acid Causes irritation and burning Quickly breaks down:does
of skin: heart damage: liver I not bioaccumulate _
7
Packet Page-488-
3/12/2013 8.B.
1 and kidney damage: coma:
and death.
Toluene Affects kidney: causes Does not usually stay in the
dizziness. unconsciousness, environment long: does not
death bioaccum u late
Benzene Causes rapid heart rate, Biodegradable; does not
headaches, confusion, bioaccumulate; gets into
unconsciousness. death j groundwater
Isobutanol Is a questionable carcinogen Biodegradable:does not
_ bioaccumulate
Methyl ethyl ketone(MEK) Reduction in nerve Highly mobile in the natural
conduction velocity. environment: rapidly
memory and motor metabolized by microbes
. alterations, dermatoses and
vomitin0 I
Isocyanates Sensitization and asthma. Not known
pneumonitis. cancer
8
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TRAFFIC
Traffic Issues on Airport-Pulling, between Naples Blvd. and Orange Blossom
The Planning Commission has ruled that the Top Hat dealership will not increase the
traffic impact. As residents of Walden Oaks. we disagree for three reasons:
1) During season, traffic is already near maximum capacity on this section of
Airport-Pulling Road.
2) Dealership traffic will add to the left-turn problem that currently exists at the
entrances to Walden Oaks and The Carlisle.
3) The increase in traffic volume will have a major detrimental on Walden. Oaks
residents.
Capacity for Airport-Pulling
County statistics show that the volume of traffic is rapidly increasing on Airport Road
from Pine 'Ridge to Orange Blossom. As North Naples has experienced rapid
development, residents of Walden Oaks have found it increasingly difficult to enter and
exit their PUD safely.
Quarter Traffic Quarterly Increase
2012 Count Since 2011
(carsA warier)
1 39.027 2.89%
2 31,854 -3.77%
3 28.057 13.34%
4 31,261 20.27°o
Seasonal traffic has a major impact upon this area of Airport-Pulling and compounds the
difficulty in entering and exiting Walden Oaks. Collier County's 2012 AUIR allows for
a maximum capacity on Airport-Pulling at this location of 3.000 vehicles at "Peak Hour."
"Peak Hour." however, is not defined in the AUIR documents. Taking a "best guess" at
how the county might define "peak hour." a resident took two 5-minute traffic counts
on February 4. 2013. Parked in the Temple Citrus parking lot, the following data was
obtained:
Northbound Traffic on Airport Pulling (2/4/2013)
Time of Day Number of Cars
Travelling North
1 2:30 - 12:35 p.m. 203
4:55 — 5:00 p.m. ');3
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If the 5-minute count of 253 were multiplied by 12 (to reach a 60-minute "peak hour"),
the result (3.036) would exceed Collier County's maximum capacity load for Airport-
Pulling. If the traffic load is already this close to exceeding capacity, what will happen
when transport trucks are added to the problem? The dealership "driveway volume" is
expected to add an additional 2.167 cars per day on this already busy section.
Existing Left-Turn Problem.
For practical business reasons, car dealerships like Top Hat usually locate in areas where
they have dual access to arterial and collector roadways. The Princess Park PUD is not
such a location. The sole entry/exit point is onto a major arterial divided road. Airport-
Pulling.
There are no stop lights between Naples Blvd. and Orange Blossom to control traffic. All
traffic exiting the dealership must make a right-turn and go North. To go South, cars
must make a U-turn. There are two U-turn options to go South: 1) a left-turn cut-off in
the Northbound lanes in front of The Carlisle entry: and 2) Orange Blossom Road.
To go South on Airport-Pulling. these are the same - and only — options for drivers who
are exiting Walden Oaks. Walden Oaks residents who travel south on Airport-Pulling
have to he exceedingly patient for this large amount of traffic to pass before they can turn
left across the 3 lanes to get to their homes. In February. 2013. two annoyed residents
took counts of traffic passing before a left turn could be made. One person waited while
97 cars passed; another person counted 54 before she could turn left into the
Walden Oaks community.
The Trebilock Report for Top Hat
The numbers in the Trebilock are troubling for three reasons: 1) Driveway volume is not
emphasized: 2) Trip generation data is relevant to Top Hat. but not to understanding the
traffic problems that will arise: 3) The comparison of data is invalid.
1 ) Most troubling far Walden Oaks' residents is the enormous increase in
driveway volume. The report cites a much higher "Driveway Volume" for Top Hat's
dealership — that is, the average daily two-way driveway volume is 2.167 cars. On
Saturdays, the volume drops to 1.367: and on Sundays to 681.1 Trehilcock's data from
ITE shows that King Richard's had a much lower two-way driveway volume of 234 cars
at the peak hours of 4:00-6:00 during weekdays.- Figures for average daily two-way
driveway volume are not available for King Richard's.
Walden Oaks, a community of 320 homes with l+ cars per home, is located immediately
South of King Richard's. All cars exiting King Richard's must turn right (North) and
pass the entrance to Walden Oaks. Cars exiting Walden Oaks must wait for all such
Northbound traffic to clear before making their required right turn.
' ILid.
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,, To turn right, Walden Oaks' cars now wait for the northbound traffic from Naples Blvd,
Barron Collier High School, and Willow Park to pass. If a Walden Oaks resident wishes
to go South, he/she must dodge across 3 lanes of heavy traffic to reach one of the two l. -
turn options.
2) According to Trebilcock's data. the number of trips generated by new car
dealers (33.34 on average 2-way weekday volume) has a standard deviation of 18.88 --
indicating a high variability in the actual number of trips that might occur.'
3) Finally, any comparison between trips generated by King Richard's and Top
Hat may he invalid. In the State of Florida's 8t' edition of the ITE Trip Generation
Report, a (435) Multipurpose Recreational Facility was given a daily traffic rate of 90.38
trips generated per day and only 5.77 at the PM Peak Period. However, a "Note" has
been added to the 435 category: "Caution: only 1 study."' If only one study has been
conducted on a facility like King Richard's. it cannot he compared to the hundreds of
studies done on car dealerships.
Norman J. Trebilcock.Traffic Impact Analysis,-Pop f fat Auto Sununar or Trip Generation. Appendix C.p !3.
4"Trip Generation Rates from the 8`"Ed. ITE Trip Generation Report.-
http:1A-we;.dot.state..ti usr planning:systems,sm aceman t plated",2t)Trip° n(ienAls
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ORDINANCE 84- 34 �=
; AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- ;:;
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- ,.. -
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN s
DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED j ''
UNIT DEVELOPMENT FOR A RECREATIONAL THEME PARK
KNOWN AS PRINCESS PARK, LOCATED EAST OF AIRPORT
ROAD, 114 MILES NORTH OF PINE RIDGE ROAD; AND 1' '.=
PROVIDING AN EFFECTIVE DATE: s...:.
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WHEREAS, .Frank Cardillo, petitioned the Board of County
Commissioners to change the Zoning Classification of the herein .''
described real property; - 1
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NOW, THEREFORE BE IT ORDAINED by the Board of County C
, a
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Commissioners of Collier County, Florida:
SECTION ONE:
1
The Zoning Classification of the herein described real property i
locrted in Section 1, Township 49 South, Range 25 East, Collier
County, Florida is changed from A-2 to "PUD" Planned Unit Development
in accordance with the PUD document attached hereto as I'xhibit "A" ..
which is incorporated herein and by reference made part hereof. The
l''''
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Official Zoning Atlas Map Number, Number 49-25-1, as described in Ordinance
82-2, is hereby amended accordingly.
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SECTION TWO:
This Ordinance shall become effective upon receipt of notice
that is has been filed with the Secretary of State.
DATE: April 24, 1984 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
•
Ac
AT•T ST.f). BY: .I/ / i
i
• NIL AIfJ. REAGAN. CLERK DAVID C. B''WN, CHAIRMAN
n
" 11'V 4111111 ' •RO ED TO FORM AND ECAL SUFFICIENCY
PUD Ordinance
STATE OF FLORIDA )
COU sT Y OF COLT TER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Ttaentieth Judicial
Circuit, do hereby certify that the foregoing is a true original of: 3,
ORDINANCE N0. 84-34
which was adopted by the Board of County Com'nissioners of Collier County,
•
Florida, during Regular Session the 24th day of April, 1984.
WITNESS my hand and the official seal of the Board of Countv,Comn,_
missioners of Collier County, Florida, this 24th day of Anril„.0t3! ,4.4!1t,',4�'
c,�. ,,'. `;, r
WILLIAM J. REAGAN. •-F` -
•This ordinonce filed with the Clerk of Courts ar� Clerk • .
Secretary of /St�ote's Office the EX officio to Boatid of
..- day of i6�Ly ,9F County Co p issiona4's-:. r• • „�„� n
and ocknowtedpement of thc't • , / <•
filing received this aid.day By'
of 7?7.444.- if* rg b- �}y-• -
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PLANNED UNIT �_YELOPMENT DOCUMENT -1
.for
. PRINCESS PARK
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DECEMBER 1983
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Prepared By:
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' ' COASTAL ENGINEERING CONSULTANTS , INC.
:, 3883 Davis Boulevard
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s .c Post Office Box 8306
Naples , Florida 33941
(813) 774-4402
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z' ' CEC FILE No.83.053
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I r . 1
TABLE OF CONTENTS
PAGE
SECTION I PROJECT OWNERSHIP AND DESCRIPTION 1
1.1 Purpose 1
1.2 Legal Description 1
1.3 Property Ownership 1
1.4 General Location of Property 1
1.5 Physical Characteristics of Site1 i'
F.
F.
SECTION II STATEMENT OF COMPLIANCE 3 z+ti
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SECTION III PROJECT DEVELOPMENT DESCRIPTION 4 ;
_ 3. 1 Purpose 4 '
3.2 General 4
3.3 Project Plan 4
SECTION IV UTILITIES 6
4. 1 Purpose 6
4.2 County Requirements 6
4.3 Water and Sewer Provisions 6
4 .4 Utility Manager's Stipulations 6
4.5 Traffic Improvements 8
4.6 Surface Water Management 8
4.7 Solid Waste Collection 8
4.8 Electric Power Service 8
4.9 Telephone Service 8
4. 10 Easements 9
4. 11 Environmental 9
SECTION V PROJECT DEVELOPMENT STANDARD;,. . 10
5. 1 Purpose 10
5.2 Permitted Uses 10
5.3 Prohibited Uses 11
5.4 Maximum Height of Structures 11
5.5 Off-Street parking 11
5. 6 Hours of Operation 11
SECTION VI EXEMPTIONS FROM SUBDIVISION REGULATIONS12
6. 1 Purpose 12
6.2 No Exemptions 12
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SECTION VII DEVELOPMENT COMMITMENTS 13
7. 1 Purpose . 13 .-
7.2 Compliance with Master Site Plan13 i'1
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• SECTION 1
PROJECT q`IERSHIP & DESCRIPTION
•;:z 1. 1 PURPOSE
' " The purpose of this section Is to state the location and
ownership of the subject property and to describe the
'f existing condition of the subject property which is proposed
to be developed under the project name "Princess Park" .
o{ 1. 2 LEGAL DESCRIPTION
! The north } of the south 4 of the southwest } of the south-
west I of Section 1 , Township 49 south , range 25 east;
Collier County, Florida , less the west 100 feet thereof.1 1. 3 PROPERTY OWNERSHIP
il The property is currently under the ownership of Frank
Cardillo and Constance A. Cardillo.
1 . 4 GENERAL LOCATION OF PROPERTY
Al
a) The site is located on the east side of County Road 31 ,
{ Airport-Pulling Road. The property lies in an area
. / predominantly occupied by citrus orchards and
nurseries . The property is bounded on the south by a
golf driving range , on the west by Airport Road, to the
east by a borrow pit and to the north by a single-
family residence and contractor' s yard.
The project site contains approximately 11.3 acres .
is current zoning classification of the subject
qproperty is agricultural (A-2) .
L # 1. 5 PHYSICAL CHARACTERISTICS OF THE SITE
-1
The project is located within County Water Management
District No. 7 and within the Collier County Water and Sewer
1-0 District.
°•. The subject site is very flat with the exception of a spoil
ti`i bank along the 100' canal easement on the West property
line. Elevations range from 10.5 to 11.0 except at the
canal bank. The site has been used for agricultural
F - purposes in the past.
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The agronomic soils series found within the project boundary
include Arzell Fine Sand (over 95% of site) and Immokalee
Fine Sand (less than 5% of the site). Soil ch)racteristics
(see Figure 1) were derived from the soil sL, rcy of Collier
County, Florida , issued by the U.S. Department. of
Agriculture in March, 1954.
The majority of the site is covered with Brazilian Pepper
and Wax Myrtle with an understory of native grasses and
ferns and a few willows.
Test borings in the area show the bedrock to be at approxi-
mately elevation + 1.0.
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SECTION II
STATEMENT OF COMPLIANCE
The rezoning to P.U.D. of 11.3 ac(3) located in Section 1 ,
T49S, R25E, Collier County, Florida , to be known as Princess
Park is in compliance with the objectives stated in the
Comprehensive Plan and with the requirements of the Collier
L County Zoning Ordinance for the following reasons.
,4 1) The project facilities and service rating is in excess
of 40 points. Therefore, it is considered as having
adequate community facilities and services . (See Table
1) .
2) The comprehensive plan designates the area of Princess
T - Park as urban. "Golf Courses , . . .Playgrounds ,. . .and
other similar recreation and open space uses" are
permitted non-residential land uses .
3) The property is well served by CR-3I (Airport Road ) and
is approximately a mile from the community commercial
node at Pine Ridge Road and CR-3I.
4) The property is within the county water supply system
service area.
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SECTION III
PROJECT DEVELOPMENT ' 3CRIPTION
3. 1 PURPOJc
•
The purpose of this section is to describe the general plan
and development of the project, including: land uses and
phasing schedule.
3.2 GENERAL
a) Regulations for development of Princess Park shall be
in accordance with the contents of this document,
P.U.D. zoning regulations and restrictions and other
fw applicable sections and parts of the "Collier County
fl Zoning Ordinance" in effect at the time this document
is approved.
b) Unless otherwise noted , the definitions of all terms
shall be the same as the definitions set forth in the
"Collier County Zoning Ordinance" in effect at the time
this document is approved.
3.3 PROJECT PLAN
a ) The project master site plan is illustrated by Figures
2A and 2B. The plan of development calls for a 36-hole
miniature golf course, a "mini -car" track , a bumper
boat pond, a batting cage , an "aero-ball " court, a
kiddie car track, a remote controlled boat pond, a lake
with paddle boats , a roller skate rental facility and
outdoor track around the lake, a swimming pool , a main
building to house an offih.e, snack bar, park
maintenance, game room, etc. , and small booths at
individual amusements for ticket sales , storage,
maintenance, etc.
b) There will be no dwelling units on the 11 .3 acre site.
` $ c) Such easements
(utility, drainage, private, semi -private)
�• as may be deemed necessary or desirable for the service
14 convenience of patrons of the facilities shall be
established within the project boundaries during the
r' final design phase or prior to construction.
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d) Minor variations in locations of roads, structures , and
water bodies , shall be permitted at final design to
accomodate the geometry of the facilities to be
installed. Minor variations shall be defined as being
within 100' of the locations shown on the master site
plan.
e) Princess Park will be developed in at least two phases.
•
?;t The initial phase will consist of at least the
ti miniature golf, mini-car track, main building , and
{ lake. The sequence and timing of subsequent facilities
will be dictated by market conditions .
f) Landscaped berms and buffers meeting the requirements
of the zoning ordinance shall be provided and
maintained. •
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SECTION IV
• UTILITIES
4_1 PURPOSE
The purpose of this section is to describe the provisions
for utilities for Princess Park.
4. 2 COUNTY REQUIREMENTS
• All utilities including telephones and electrical systems
shall be installed underground; provided, however, that
appurtenances to these systems which require above ground t;f
installation will be effectively screened so as not to
detract from the character of the development.
4.3 WATER AND SEWER PROVISIONS
The project will be served by the City of Naples water
system. Sewage will be handled by a septic tank and
drainfield. Installation will comply with Chapter 10D-6 of
F.A. C.
4.4 UTILITY MANAGER' S STIPULATIONS
1) All construction plans and technical specifications for
---
the proposed Utility Facilities must be reviewed and 1
approved by the Utilities Division prior to commencement of
construction.
2) All on-site and off-site Utility Facilities constructed
by the Developer in connection with the Development shall be
constructed to County Standards at no cost to the County and
shall be deeded to the County Water-Sewer District, in
accordance with applicable County Ordinances and
Regulations .
3) All construction on the proposed sanitary sewer system
shall utilize proper methods and materials to insure water
tight conditions.
•
4) Appropriate Utility Easements dedicated to the County
Water-Sewer District must be provided for the proposed water
facilities to be constructed, when they do not lie within
public rights-of-way or Utility Easements.
5) Data required under County Ordinance No.8O-112 must be
submitted and approval granted prior to approval of the
construction documents for the project. Submit a copy of
the approved Health Department application for the interim
septic system.
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1'
6) Provide commitment letter from the City If Naples
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regarding water service for the project.
`` 7) The Owner of the project shall entar i.,to a written
agreement with the County Water-Sewer District at the time
i utility construction approval is requested, legally
i acceptable to the County Water-Sewer District , stating that:
a) The proposed on-site septic system facilities to
a be constructed as part of the proposed project
must be regarded as interim; it shall be -
constructed to State and County standards and be
owned, operated and maintained by the owner , his x
assigns or successors until such time as the
County' s Central Sewer Facilities are available to
service the project.
b) Upon connection to the County ' s Central Sewer
Facilities , the Owner, his assigns or successors
shall abandon, dismantle and remove from the site
the interim septic system facility, in accordance
with State and County standards . All work related
with this activity shall be performed at no cost .
k to the County or the County Water-Sewer District.
c) Connection to the County' s. Central Sewer
facilities will be made by the owners , their
assigns or successors at no cost to the County or
to the County Water-Sewer District within 90 days
after such facilities become available.
d) All construction plans and technical
/.: specifications related to connections to the
�' County' s Central Sewer facilities will be
submitted for review and approval prior to.
commencement of construction.
F
e) The owners , their assigns or successors and/or
other applicants for building permits shall agree
to pay all applicable system development charges
at the time that Building Permits are required,
pursuant to appropriate County Ordinances and
i . regulations in effect at the time of Permit
request. This requirement shall be so stated in
all contractual documents between the Developers ,
their successors or assigns , and the purchasers of
this property.
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4.5 TRAFFIC IMPROVEMENTS
Subject to Collier County, Department of Transportation 3/12/2013 8.B.
approval , the developer, his assigns or successors, shall
provide the follow. y:
a) Modifications to Airport Road at the project
entrance will be as per County Engineering/
Transportation standard detail sheet for left turn
storage and right turn deceleration lanes.
b) Developer will provide arterial level street
lighting at entrance.
4. 6 SURFACE WATER MANAGEMENT
a) The Surface Water Management System will be owned and
- maintained by "Princess Park Incorporated" , the entity
created to own and manage the park.
b) Water Management for the proposed project will utilize
a man made lake and canal for detention of storm flows.
Discharge will be into the canal along the east side of
CR-31 . The canal along Airport Road will not be
modified with the exception of a culvert installed at
the entrance road . The culvert will be of sufficient
size to maintain existing flows.
•
c) Detailed Water Management plans shall be submitted to
the County Engineer for review. No construction
permits shall be issued unless and until approval of
the proposed construction in accordance with the
submitted plans is granted by the County Engineer.
i
4. 7 SOLID WASTE COLLECTION
The collection of and disposal of solid waste will be
handled by the County designated franchise holder for that
service.
4.8 ELECTRIC POWER SERVICE
The project is within the service area of Florida Power and
Light Company.
4. 9 TELEPHONE SERVICE
The project is within the service area of United Telephone
I.
System. --
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4.10 EASEMENTS
Easements shall be provided for all utility services as 4
required by subdivision regulations.
4. 11 ENVY:::.aMENTAL CONSIDERATIONS
a) ,11 exotics will be removed during development per
county ordinance, and the area will be maintained
exotic-free.
b) Native vegetation will be the foundation of the
landscaping plan which will be submitted to the
county environmentalist for review.
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SECTION V
PROJECT DEVELOPMENT STANDARDS
5. 1 PURPOSE
The purpose of this section is to set forth the reg. lations
for the development of Princess Park.
p
5.2 PERMITTED USES
No structure or facility or part thereof shall be erected,
altered, or used; or any land or water used in whole or in
part, for other than the following:
a) Principal Uses .
1 ) Buildings for an office , maintenance
•S facilities , storage , ticket sales , snack bar,
recreation room and similar uses.
2) Miniature Golf Course
3) Mini-Car Track
4) Bumper Boat Pond
5) Batting Cage
6) Aero-Ball Court
7) Kiddie-Car Track
8) Remote Control Boats and Pond
9) Swimming Pool
10) Outdoor Roller Skating Track
11 ) Boat Rental Facilities
12) Any other similar and compatible recreational use
approved by the Zoning Director.
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i • .
z b) ACCESSORY USES
4. 1) Signs as permitted by the zoning ordinance of
`
Collier County ""'
r • 2) Walls and fences constructed of materials and
4 finishes architecturally compatible with the
X concept of "Princess Park" or buffered and land-
scaped shall be permitted subject to the
? provisions of the Collier County Zoning Ordinance
' and this document.
i 5.3 PROHIBITED USES -
7 Video Games
5.4 MAXIMUM HEIGHT OF STRUCTURES
!_ The maximum height of all structures shall be 30 feet.
Fences will be limited in height to 8 feet, except adjacent
to the driving range located south of the project, where
fence height will be limited to that required to safely
screen parking and recreational facilities from golf balls.
5.5 OFF-STREET PARKING
Off-street parking shall be provided as directed by the
Zoning Department of Collier County at the time of approval
of this document and shall remain until such time as the
County Zoning Director determines that parking is
insufficient to accomodate further expansion , at which time
such expansion must stop until additional parking is ow
installed. *
5.6 HOURS OF OPERATION
DAY HOURS OF OPERATION TRACK ONLY
Sun Noon - 9:00pm 9:00pm
Mon 10:00am - 10:00pm "
Tues - "
• Wed " - _
Thurs - "
Fri 10:00am - Midnight 10:00pm
Sat 10:00am - Midnight 10:00pm
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P:• .:
°°-L' SECTION VI
EXEMPTIONS FROM SUBDIVISION REGULA! , 4S —
' , 6. 1 PURPOSE -
The purpose of this section is to describe those require-
- ments of the Collier County Subdivision regulations from
which Princess Park will be exempt.
6. 2 NO EXEMPTIONS '•'
' Princess Park does not come under the provisions of the
I . subdivision regulations. . .
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SECTION VII
DEVELOPMENT COMMITMENTS
7. 1 PUR"'_E
T h e purpose of this section is to set forth the developer' s
commitments concerning the development of Princess Park.
7.2 COMPLIANCE WITH MASTER SITE PLAN
ti
If the applicants , their successors or assigns , proceed with
the proposed development, they agree:
• A) To Do So in Accordance With:
1. The approved master plan of development
1
2. Regulations existing when the amendment rezoning
the land to P.U.D. is adopted.
3. Such other stipulations or modifications as may be
attached to the rezoning of the land to P.U.D.
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TABLE 1
POINT RATING FOR
PRINCESS PARK P.U.D.
ACCESS
Directly adjacent to existing arterial
(Airport Road) . 20 pts.
WATER
Central system (Existing 16" line
along Airport Road) ' 15 pts.
ri
'f.
• i SEWER SERVICE
�,
Septic tank 2 pts.
11 FIRE PROTECTION
Within fire district with level of
service "7" or better and within 3
miles of fire station ( 1 .8 miles from
new Pine Ridge Station) 10 pts.
SUBMISSION AS P.U. D. 5 pts.
tJ
" TOTAL POINTS 52 pts.
POINTS REQUIRED 40 pts.
•
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-14-
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•
5OOd 018 FirE.2e8
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. ORDINANCE 90- 51 cr
AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT -fl• '
ORDINANCE NUMBER 84-34, WHICH ESTABLISHED THE
`tp'v SECTION FOUR, UNIT M DG ul f.
A: ♦o •EWER PROVISIONS, BY ADDING AS AN ALTERNATE TO 'ICE `P•, r�
• - IC TANK SYSTEM, INTERIM SEWER SERVICE MAY BEr+
' v 7 V -OVIDED BY THE LONE OAK FACILITY; BY AMENDING >
a - 'CTION FIVE, PROJECT DEVELOPMENT STANDARDS, m c
•
BSECTION 5.2, PERMITTED USES, BY ADDING VIDEO
r It 1Y AMES IN AN ENCLOSED AREA AS A PERMITTED USE; AND
\C1 �.� BY AMENDING SUBSECTION 5.3, PROHIBITED USES, BY
' lIa** DELETING VIDEO GAMES; AND BY PROVIDING AN EFFECTIVE
DATE.
„Ja�{�. WHEREAS, on April 24, 1984, the Board of County
1'.L. �
'' Commissioners approved Ordinance Number 84-34, which
.- b
established the Princess Park Planned Unit Development; and
'rt * WHEREAS, George Vega representing Frank Cardillo,
Constance Cardillo and Stuart Kaye, petitioned the Board of
County Commissioners of Collier County, Florida, to amend
Ordinance Number 84-34 by amending Section Five, Project
7
Development Standards, Subsection 5.2, Permitted Uses, by
*a adding video games in an enclosed area and deleting video
' games from Subsection 5.3, Prohibited Uses and renumbering
:g subsections accordingly.
,;i :qi • NOW, THEREFORE BE IT ORDAINED by the Board of
A County Commissioners of Collier County, Florida:
SECTION ONE: Amendments to Section 4, Utilities of
Ordinance 84-34 of Collier County, Florida.
r . Section 4, Utilities, Subsection 0•.3, Water and Sewer of
Fr' Ordinance 84-34, The Princess Park Planned Unit Development,
Y.
' ', is-hereby amended to read as follows:
SECTION IV
f' . ' Utilities
4.3 WATER AND SEWER PROVISIONS
The Project will be served by the efty-ef-Neplss Collier
County Water-Sewer District's water system. Sewage will be
handled by septic tank and drainfield. Installation will
comply with Chapter 10D-6 of F.A.C. However. as an
Alternative to the adiacent interim _sewer treatment facility
operated by the Lone Oak Homeowners' Association. Inc. Any •
such interim sewer service shall be first subiect to the
execution of an Agreement between the operator of the Lone
Oak utility, the owners of Princess Park and Collier County
Words-strnek-threngh are deleted; words underlines are added.
BOOK 31 PA,t 234
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• 11111 3/12/2013 8.B.
•
• which contains the terms and requirements contained in f.
Similar standardized aareements then entered into by the
County where interim service is provided to developers by
third party providers. Anv connection to the Lone Oak sewage '
treatment facilities shall not in any manner whatsoever alter .
or diminish the owner's/deyeloper's obligations to connect to t
the County's central sewer system upon availability.
SECTION TWO: Amendments to Section 5, Project Development
Standards, of Ordinance 84-34 of Collier
County, Florida.
Section 5, Project Development Standards, Subsection 5.2
+
Permitted Uses, of Ordinance 84-34, the Princess Park Planned
'' Unit Development, is hereby amended to read as follows:
`' SECTION V
LrI,: PROJECT DEVELOPMENT STANDARDS
. : V,,,, 8.2 PERMITTED USES
,4; i No structure or facility or part thereof shall be erected,
• .4p altered, or used; or any land or water used in whole or in
. ;;; part, for other than the following:
$_, a) Principal Uses
x,... 1) Buildings for an office, maintenance facilities, '
storage, ticket sales, snack bar, recreation room
and similar uses.
Y.,: 2) Mihiature Golf Course •
, ;k"''• ': 3) Mini-Car Track
t '
It 4) Bumper Boat Pond
ri0.1,.. 5) Batting Cage •
I•`;;. : 6) Aero-Ball Court ••
€ ••1t . 7) Kiddie-Car Track .
8) Remote Control Boats and Pond • •
V
IN{ 9) Swimming Pool
10) Outdoor Roller Skating Track
• �
"i�' 11) Boat Rental Facilities
F 12) Any other similar and compatible recreational use
i approved by the Zoning Director.
131 Video games within an enclosed area.
• SECTION THREE: Amendments to Section 5, Project Development
Standards, of Ordinance 84-34, of Collier
;.
; County, Florida.
... Section 5, Project Development Standards, Subsection \-
k• 5.3, Prohibited Uses, of Ordinance 84-34, the Princess Park
t Planned Unit Development, is hereby amended to read as
Words-etrnek-threngh are deleted; words underlined are added.
600% A rut 2
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follows: .
',.. . 5.3 PROHIBITED USES
7. <; R
yy,, Yidee-ewes NonQ .f'"
•:;4, >•SECTION FOURS CONFLICT AND SEVERABILITY •
gip,; In the event this Ordinance conflicts with any other
. . Ordinance of Collier County and other applicable law, the
;g, ,
more restrictive shall apply. If any phrase or portion of
,' the Ordinance is held invalid or unconstitutional by any
• court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining
k portion.
SECTION FIVE: Effective Date
xrc This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has •
s;"•. been filed with the Secretary of State.
•• DATE: .tune 12, 1990 BOARD OF COUNTY COMMISSIONERS , '
' COLLIER .0 , FLORIDA
ATTEST: BY ' ' .r( .
. JAMES :C. GILES, CLERK MAX A. HASS , .., C
yyIAa J11 ,.
,
o
Zi,•. AS TO' FbRM AND LEGAL SUFFICIENCY: •
• : • 7$.,? i .#P' •r, This ordinance filed with 0* j
�q• *-rn .ryof4 S'S Offi • .
�' "e7a0 i1e�+d•1'I•.t ENT �r
and ocknew df0�
A881'S'TA2��"1� ATTORNEY / ,f
y�'�` fit received `� doh►
;� PDA-90-2 ORDINANCE AMENDMENT .— - �_
i` nb/3028 ,/ 0 o.wrsaw.
•
err
•
NI
;:, i ' ,",!" ..:, ,,I , -
x f
4 i''
11 .J i• 3.
t't, . • Words-streak-through are deleted; words underlined are added.
";:�� sou 39PM
236
Packet Page-513-
•
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,40
10 7Z.';': ... . . :':.'4:.': •' '
1 x ;
! ".r::$TATR OF FLORIDA )
'-e..'- '
COUNTY OF COLLIER )
1 %t,.. .;
7 for 4:::: • I, JAMES C. OILES, Clerk of Courts in and f the 4.
1 ^ .
`'-.:.: '. Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
F ::.' Ordinance No. 90-53
which was adopted by the Board of County Commissioners on
A. the 12th day of June, 1990, during Regular Session.
1
WITNESS my hand and the official seal of the Board of
.11 ' 2., County Commissioners of Collier County, Florida, this 20th
sI w1�- da of June, 1990. .:1�.�ad'• ,•r.:
tp":-. .
tV . JAMES C. GILES •' • : •%•
r Clerk of Courts and Clerk •
'd, Ex-officio to Board of%,
County Coumissioners • '
f•
: /Maureen Ken n
t•:` Deputy Clerk
Jau 39 ' 23? •
Y.
iy'
f h
f,.. r i,=,,,i..::::. .. f :„,
` l I r r •
. Hi'...-'.
1..,r 1 4 :A
1
Packet Page-514-
3/12/2013 8.B.
ORDINANCE NO. 13-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.
2004-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM THE PRINCESS PARK
PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR AN 11.36+/- ACRE PARCEL TO BE KNOWN AS THE
TOP HAT AUTO CPUD, TO ALLOW CONSTRUCTION OF AN
AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR
SERVICES, ON PROPERTY LOCATED AT 6780 AIRPORT ROAD
NORTH IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
ORDINANCE NO. 84-34, AS AMENDED, THE PRINCESS PARK PUD;
AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-A-
PL20120000726)
WHEREAS, R. Bruce Anderson, Esquire of Roetzel &Andress, LPA, representing Bic's
Investment Corp., petitioned the Board of County Commissioners to change the zoning
classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE: ZONING CHANGE.
The zoning classification of the herein described real property located in Section 1,
Township 49 South, Range 25 East, Collier County, Florida is changed from the Princess Park
Planned Unit Development zoning district to a Commercial Planned Unit Development (CPUD)
zoning district for an 11.36+/- acre parcel to be known as the Top Hat Auto CPUD in accordance
with Exhibits A through G attached hereto and incorporated by reference herein. The
Top Hat Auto CPUD/PUDA-A-PL2012000726 1 of 2
Rev.2/12/13 frdfth
Packet Page-515-
3/12/2013 8.B.
appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the
Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO: REPEAL OF ORDINANCE.
Ordinance No. 84-34, as amended, the Princess Park PUD, is hereby repealed in its
entirety.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2013.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk GEORGIA A. HILLER, ESQ.
Chairwoman
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—Permitted Uses
Exhibit B—Development Standards
Exhibit C—Master Plan
Exhibit D—Legal Description
Exhibit E—List of Requested Deviations
Exhibit F—List of Developer Commitments
Exhibit G—Landscape Cross Sections
CP\12-CPS-01167\38
Top Hat Auto CPUD/PUDA-A-PL2012000726 2 of 2
Rev.2/12/13
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EXHIBIT A
PERMITTED USES:
The Top Hat CPUD shall be developed as a commercial use project, which will include an
automotive sales facility with associated repair services, limited to 65,000 sq. ft., Gross Floor
Area(GFA).
Tract A:
A. Principal Uses
Motor Vehicle Dealers (New) (Group 5511)
B. Accessory Uses
1. Motor Vehicle Dealers, Used Only(Group 5521)
2. Automotive Exhaust System Repair Shops(Group 7533)
3. Tire Repair Shops,not including Tire retreading(Group 7534)
4. Automotive Glass Replacement Shops(Group 7536)
5. Automotive Transmission Repair Shops(Group 7537)
6. General Automotive Repair Shops (Group 7538)
7. Automotive Repair Shops,Not Elsewhere Classified(Group 7539)
8. Car wash, subject to the provisions of LDC Section 5.05.11. Blowers for drying must
be located on the west side of the car wash.
9. Uses and structures that are accessory and incidental to an automotive sales facility.
10. Display of new and used automobiles for sale, provided it does not adversely affect
pedestrian or vehicular traffic or public health. Vehicle display is prohibited within
any required landscape buffer, and allowed within front, side and rear yard setbacks.
Top Hat CPUD: Revised February 11,2013 Packet Page-517- Page 1 of 10
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EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the proposed
Commercial use PUD (CPUD). Standards not specifically set forth within this application shall
be those specified in applicable sections of the LDC in effect as of the date of approval of the
SDP or Subdivision plat,consistent with C-4 zoning.
TABLE I
DEVELOPMENT STANDARDS
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet NA
Minimum Lot Width 100 feet NA
Maximum Height
• Zoned: 35 ft. 35 ft.
• Actual: 47 ft. 47 ft.
Minimum Floor Area 700 square feet(ground floor)
Maximum Floor Area Ratio None
Minimum Building Setbacks
• Front Yard (Airport 25 ft SPS
Pulling Road)
• Side yard 15 ft 10 ft
• Rear yard' 500 ft SPS
• Minimum Distance 25 ft 0 ft(Principal to
Between Structures accessory)
• Internal Drives None None
• Lake 25 ft 25 ft
'For Primary and Accessory uses,not intended to include small structures not directly serving the
permitted land uses such as an irrigation well pump house.
Top Hat CPUD: Revised February 11,2013 Packet Page-518- Page 2 of 10
3/12/2013 8.B.
EXHIBIT C: MASTER PLAN:
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Top Hat CPUD: Revised February 11,2013 Packet Page-519- Page 3 of 10
3/12/2013 8.B.
EXHIBIT D
LEGAL DESCRIPTION (OR 2296, PG 2000):
The North 1/2 of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1,
Township 49 South, Range 25 East, Collier County, Florida, less the West 100 feet
thereof, previously reserved for road right-of-way purposes.
Top Hat CPUD: Revised February 11,2013 Page 4 of 10
P Y g
Packet Page -520-
3/12/2013 8.B.
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC:
1. Deviation #1 seeks relief from LDC Section 5.05.08C.9.b. requiring all
facades for a freestanding building within a PUD to be treated as a primary
façade. To the extent necessary, only wall planes facing Airport road shall
be required to be treated as primary facades.
Top Hat CPUD: Revised February 11,2013 Packet Page-521- Page 5 of'10
3/12/2013 8.B.
EXHIBIT F
DEVELOPMENT COMMITMENTS:
PLANNING:
a. The project is proposed to start construction of infrastructure in 2013. The project
may be developed in a single phase or multiple phases over time.
b. No outdoor paging or amplified systems will be used as part of the daily operation
of the dealership.
c. The automated car wash will be 600 feet or more from the nearest existing
residential unit, with blowers located at the western end of the car wash. Each
end of the car wash will have bay doors which will remain closed during the
entire car wash cycle including drying of vehicles. The doors will open only for
entry and exit of vehicles.
d. The service area will be enclosed with the exception of entry/exit doors and a
small number of`quick lube' service bays, facing south.
e. The project access on Airport Road shall be considered a driveway unless the
parcel is subdivided.
f. Regular hours of operation will be limited to 7am to 8pm Monday through Friday
for Sales and 7am to 6pm for Service. Both Sales and Service will be limited to
7am to 5pm on Saturday and Sunday.
g. All lighting will be shielded from residential areas to avoid glare. Lighting will
be a directional type, aimed downward with shielding to reduce glare to adjacent
properties. Illumination at all adjacent residential property lines shall not exceed
.5 foot candles.
h. Display lighting will be limited to that area shown on the Master Plan as lying
west of the line marked as line `A' and will be reduced to security level lighting at
I 1 pm. Security lighting that will have a minimum reduction in average lumens of
50%, will be the minimum needed for safety and security, and will occur in the
area between lines `A' and `B' as shown on the Master Plan. No lighting will be
located east of line `B'.
i. The service door facing east will employ an automatic opening and closing `speed
door' to minimize noise transfer to only those times when a vehicle is exiting the
service area. All other times,the service door shall be closed.
j. The Type `B' buffer along the north and east property lines will be inclusive of a
6' privacy wall. Beginning from the westernmost point of the 15 foot Type `B'
buffer on the north side of the project and continuing east 100' past the east wall
of the car wash, the wall height shall be increased to 8 feet. The landscaping on
the side of the wall facing the residential shall consist of a hedge and canopy trees
as shown on Exhibit G. The hedge shall be Sweet Viburnum and the trees shall
be East Palatka Holly or Dahoon Holly at a number equal to twice the code
required minimum. After initial installation, the hedge and trees may be replaced
with alternative landscaping only with the written approval of the Lone Oak
Homeowners' Association.
k. Lone Oak Boulevard shall not be used for sales or service test drives by
employees of the dealership.
1. No gasoline storage or fueling tanks shall be located on the property.
Top Hat CPUD: Revised February 11,2013 Packet Page -522- Page 6 of 10
3/12/2013 8.B.
gill
TRANSPORTATION
a. The project access will remain in its current location and subject to the continuous
northbound right turn lane; no modifications to the project access are required.
UTILITIES
a. County water service is available via an existing 10-inch water main located on-
site. This 10-inch main is connected (tee and valve) to an existing 16-inch water
main along the west right-of-way line of the southbound Airport-Pulling Road.
The developer is responsible for providing the necessary connections at its cost to
supply the site with County water service.
b. County sewer service is available via an 8-inch gravity main/ system located on-
site (along the northern property line). Existing and proposed flows are to the
northeast via the gravity system off-site and to the Lone Oak PUD lift station.
The developer is responsible for providing the necessary connections at its cost to
supply the site with County sewer service.
ENVIRONMENTAL
a. Due to the site being 100% impacted prior to 1975 through agricultural activity,
no Preserve area is required.
Top Hat GPM): Revised February 11,2013 Packet Page-523- Page 7 of 10
3/12/2013 8.B.
EXHIBIT G: LANDSCAPE CROSS SECTIONS
Top Hat CPUD: Revised February 11,2013 Packet Page-524- Page 8 of 10
3/12/2013 8.B.
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Top Hat CPUD: Revised February 11,2013 Packet Page-525-
Page 9 of 10
3/12/2013 8.B.
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Top Hat CPUD: Revised February 11,2013 Packet Page-526- Page 10 of 10
3/12/2013 8.B.
30D )) Wednesday, February 20,2013 )) NAPLES DAILY NEWS
•
Fes'
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, March 12, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE,NO. 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP
OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED
• REAL PROPERTY FROM THE PRINCESS PARK PLANNED UNIT DEVELOPMENT ZON-
ING
DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING
DISTRICT FOR AN 11.36 +/-ACRE PARCEL TO BE KNOWN AS THE TOP HAT AUTO
CPUD, TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES.FACILITY WITH
ASSOCIATED REPAIR SERVICES,ON PROPERTY LOCATED AT 6780 AIRPORT ROAD
NORTH IN SECTION 1,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NO.84-34,AS AMENDED,THE
PRINCESS PARK PUD; AND PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-A-
PL20120000726).
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. 'The selection of an
individual to speak on•behalf of an organization`or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an rtem.
•
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior.to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days .
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based. '
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, bt no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112,
(239)252-8380. Assisted listening devices for the hearing impaired are available in
the County Commissioners'Office.
•
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
GEORGIA A.HILLER,ESQ.CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL) • Ne.1978949
February 20.2013 ��"
Packet Page-527-