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Backup Documents 05/26/2009 Item #17A 17 A' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) **k***********w***************.~.********~*~..**.*****k***.*~11;*************~~i1t*~~************ Otiginating Dept/ Div: CDES,/Zonine Person: Nancy Gundlach, AICP ''0 I Date: "'" 'ft"V I Petition No. (If none, give brief description): PUDZ.2008.AR. 1 3048, Singer Park CPUD Petitioner: (Name & Address):Ron Nino, Vanasse & Daylor, LLP, 12730 New Brittany Blvd, Suite 600, Ft Myers, FL 33907 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Nadesha Ranasinghe, 450 Henley Drive, Naples, FL 34104 Hearing before BCC BZA Other Requested Hearing date: Mav 26,2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2008-AR-13048, Nadesha Ranasinghe represented by ~vanovich of Goodlette. Coleman & Johnson, ~ and Ronald Nino of Vanasse & Daylor, LLP are requesting a PUD rezone from the Estates (E) Zoning District to the COmmercial Planned Unit Development (CPUD) Zoning District to allow a 45,000 square foot commercial development including retail, service and office uses to be known as Singer Park CPUD. The subject property, consisting of 5. I 5+/-acres, is located on Everglades Boulevard south of Immokalee Road (CR 846) in Tract 128 of Golden Gates Estates, Unit 47, in Section 30, Township 47 South, Range 28 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Sf(\'1 I a.b..olffL DGry- List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to. Clerk's Office, retaining a copy for file. ****w***w****.**~****~**ft*~~*****w**.*.****~****k***~******~*****.~~*****4**.**~~w**.**~*...*.*w.*w~** FOR CLERK'S T~E USE ONLY, Date Received: ~ i 2.:/ ~ Date of Public hearing: J . 5 h1R~ fJ'1 I t Date Advertised: \ Ii ~ OS 11. "II Vi I l . ! 17 A .,~ ORDINANCE NO. 09-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 AN ESTATE (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5.14+/- ACRE PARCEL TO BE KNOWN AS THE SINGER PARK CPUD LOCATED EAST OF EVERGLADES BOULEVARD AND SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 30, TOWNSHJP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Nadesha Ranasinghe, represented by Ron Nino, of Vanasse and Daylor, LLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estate (E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5.14+/- acre parcel to be known as The Singer Park CPUD, in accordance with Exhibits A through E attached hereto and incorporated by reference herein, The appropriate zoning atlas Page 1 of2 1 7 A ~:.11 map or maps, as described in Ordinance Number 2004.41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly, SECTION TWO: 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 , 2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNfY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficiency: -(.~c(YclQ ~ .~({o ''- \.'l" .Y' ...0 '^"v- .~/ Heidi Ashton-Cicko Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Developer Commitments 08-CPS-008S9/9 HFAC Page 2 of2 Singer Park PUDZ-2008-AR-13048 EXHffiIT "Au February 20, 2009 Page 1 of 5 I 7 A ~"\4__ EXHIBIT" A" 1. GENERAL DESCRIPTION The CPUD Master Plan is intended to provide for commercial land uses. The Commercial area designated on the CPUD Master Plan is intended to provide retail and/or office uses up to a floor area of 45,000 square feet. All commercial areas shall be developed with a common architectural theme, which ineIudes buildings and signs, . 2. PERMITTED USES No building, structure or part thereof. shall be erected, altered or used, or land used, in whole or part, for other than the following: A, Principal Uses and Structures 1. Accounting 2, Adjustment and collection services 3. Advertising agencies 4. Apparel and accessory stores 5. Architectural services 6. Auditing 7. Auto and home supply stores 8, Banks, credit unions and trusts 9, Barber shops 10, Beauty shops 11, Bookkeeping services 12. Business 'associations 13, Business consulting services 14. Business credit institutions 15. Business services - miscellaneous 1;\P'Djocll.181(].$ J06&Z""I'lg\D",fl Final &1bnlilr.fbhihil A,,022009..'oc Group 8721 Group 7322 Group 7311 Groups 5611-5699 with 5,000 square feet or less of gross floor area in the principal structure Group 8712 Group 8721 Group 5531 with 5.000 square feet or less of gross floor area in the principal structure Groups 6011-6099 Group 7241. except for barber schools Group 7231, except for beauty schools Group 8721 Group 8611 Group 8748 Groups 6153-6159 Group 7389, except auctioneering service, automobile recovery, automobile repossession, batik work. bottle exchanges, bronzing, cloth cutting, contractors disbursement. cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems. bottle labeling, liquidation services, metal slitting and shearing. packaging and labeling, patrol of electric transmission or gas lines, Singer Park PUDZ-2008-AR-13048 EXHIBIT "A" February 20, 2009 Page 2 of5 16. Child day care services 17. Churches 18, Civic social and fraternal associations 19, Commercial art and graphic design 20, Commercial photography 21. Computer and computer software stores 22. Computer programming, data processing and other computer related services 23, Credit reporting services 24, Drug stores 25. Eating places 26. Engineering services 27, Essential services, subject to Section 2,01.03 of the LDC 28, Federal and federally sponsored credit agencies 29. Food stores 30. Funeral services 31, Gasoline service stations 32. General merchandise stores 33, Group care facilities 1.1I'rojeCts181ii',81086\Zo",tlg\Or..t Fitial SlJl;tnittaN:"Nok A..022009.doc 17 A ~ pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming and yacht brokers, Group 8351 Group 8641 Group 7336 Group 7335 Group 5734 with 5,000 square feet of less of gross floor area in the principal structure Groups 7371 through 7376 and 7379 Group 7323 Group 5912 Group 5812, except contract feeding, dinner theaters, food service-institutional, and industrial feeding with 6,000 square feet or less in gross floor area in the principal structure. Group 8711 Group 6111 Groups 5411 through 5499 with 5,000 square feet or less of gross floor area in the principal structure, Group 7261, except crematories Group 5541, not to exceed 12 refueling stations; subject to the LDC requirements Groups 5331 through 5399 with 5,000 square feet or less of gross floor area in the principal structure. Category I and II (except for homeless shelters); care units (except for homeless shelters); nursing homes, assisted living facilities pursuant to F.S, ~ 400.402 and ch, 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S, S 651 and ch, 4- 193 F.A.C.; all subject to LDC requirements. Singer Park PUDZ-2008-AR-13048 EXffiBIT "A" February 20, 2009 Page 3 of5 34, Health services, offices and clinics 35. Home furniture and furnishing stores 36. Home health care services 37, Household appliance stores 38, Insurance carriers, agents and brokers 39. Labor unions 40, Landscape architects, consulting and planning 41. Laundry, cleaning and garment servIces 42, Legal services 43. Loan brokers 44, Management services 45, Membership organizations, miscellaneous 46. Mortgage brokers and loan correspondents 47. Museums and art galleries 48, Musical instrument stores 49, Paint, glass and wallpaper stores 50. Personal credit institutions 51, Personal services, miscellaneous 52. Personnel supply services 53, Photocopying and duplicating servIces 54. Photo finishing laboratories 55. Photographic studios, portrait 56. Physical fitness facilities 57. Political organizations 58. Professional membership organizations 59, Public administration 60. Public relations services 1:,i'ro!eCl.lIJ101Bl0861I0/Iir:glDra1r Firl1iI SubmlUoJ\cxhioit A..on009.!TCC 17A '1 Groups 8011 through 8049 Groups 5712 through 5719 with 5,000 square feet or less of gross floor area in the principal structure. Group 8082 Group 5722 with 5,000 square feet or less of gross floor area in the principal structure. Groups 6311 through 6399 and 6411 Group 8631 Group 0781 Group 7212, 7215, 7216, non-industrial dry cleaning only Group 8111 Group 6163 Groups 8741 and 8742 Group 8699 Group 6162 Group 8412 Group 5736 with 5,000 square feet or less of gross floor area in the principal structure. Group 5231 with 5,000 square feet or less of gross floor area in the principal structure. Group 6141 Group 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only. Groups 7361 and 7363 Group 7334 Group 7384 Group 7221 Group 7991 Group 8651 Group 8621 Groups 9111 through 9199,9311,9411 through 9451,9512 through 9532,9611 through 9651 Group 8743 Singer Park PUDZ-2008-AR-13048 EXHIBIT "An February 20, 2009 Page 4 of 5 61. Radio, television and consumer electronics stores 62, Real estate 63, Record and prerecorded tape stores 64, Religious organizations 65, Repair services - miscellaneous 66. Retail nurseries, lawn and garden supply stores 67, Retail services - miscellaneous 68. Secretarial and court reporting servIces 69. Security and commodity brokers, dealer, exchanges and services 70, Shoe repair shops and shoeshine parlors 71. Social services, individual and family 72, Surveying services 73, Tax return preparation services 74, Travel agencies 75. United State Postal Service 76, Veterinary services 77. Videotape rental 17A ..,..... - 'lJ Group 5731 with 5,000 square feet or less of gross floor area in the principal structure. Groups 6531 through 6552 Group 5735 with 5,000 square feet of less of gross floor area in the principal structure. Group 8661 . Groups 7629 through 7631 and 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only. Group 5261 with 5,000 square feet or less of gross floor area in the principal structure, Groups 5921 through 5960 except pawnshops and building materials, Groups 5992 through 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths with 5,000 square feet or less of gross floor area in the principal structure Group 7338 Group 6211 through 6289 Group 7251 Group 8322, activity centers, elderly or handicapped only; day care centers, adult and handicapped only, Group 8713 Group 7291 Group 4724 Group 4311, except major distribution center Group 0742, excluding outdoor kenneling Group 7841 with 5,000 square feet or less of gross floor area in the principal structure Any other commercial use allowed in the C-1, C-2, or C-3 Zoning Districts that is deemed appropriate by the Board of Zoning Appeals by the process set forth in the LDC. Note: Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a component of a shopping center. l:iPr%clSIBf(!.B 1 OeClZo",ilglDrtot Fin.' Suj;m",aIIE.hilJit 1...,02<009.600 Singer Park PUDZ-2008-AR-13048 EXHffiIT "A" February 20, 2009 Page 5 of5 B. Accessory Uses 17A . " Uses and structures that are accessory and incidental to the Permitted Uses within this CPUD depicted on the CPUD Master Plan, except drive-through facilities limited only to banks with a maximum of three (3) drive-through lanes per bank. C. Prohibited Uses: 1. Hardware stores 2. Drinking places 3. Liquor Stores 4, Mail order houses 5, Automatic merchandizing machine operators 6, Crematories 7. Radio, TV representatives 8. Direct mail advertising services 9. Amusement and recreation services 10, General hospitals 11. Psychiatric hospitals 12. Specialty hospitals 13. Elementary and secondary schools 14, Colleges 15. Junior colleges 16. Libraries 17, Correctional institutions 18. Waste management 19, Homeless shelters and soup kitchens !.jPraJ_ctsIiIlIM108Q'JJ:>"i,gID,.fr Fk,./ Subminatbhibit 1,.022009.000 Group 5251 Group 5813 Group 5921 Group 5961 Group 5962 Group 7261 Group 7313 Group 7331 Group 7999 Group 8062 Group 8063 Group 8069 Group 8211 Group 8221 Group 8222 Group 8231 Group 9223 Group 9511 Singer Park PUDZ-2008-AR-13048 EXHIBIT "B" April 2, 2009 Page 1 of2 17A EXHIBIT "B" T ABLE II A. COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA MINIMUM LOT WIDTH 10,000 Square Feet 100 Feet Not Applicable Not Applicable MINIMUM YARDS (External) From Everglades Blvd ROW From West & South CPUD Boundaries From other CPUD Boundaries 25 Feet 75 feet 25 Feet SPS SPS SPS MINUMUM YARDS (Internal) Front Yard Setback Side Yard Setback Rear Yard Setback 10 Feet 10 Feet 15 Feet 10 Feet 10 Feet 10 Feet MINIMUM DISTANCE BETWEEN STRUCTURES 15 Feet 10 Feet MAXIMUM HEIGHT Zoned Actual 1 Story not to exceed 35 Feet 1 Story not to exceed 40 Feet 1 Story not to exceed 20 Feet MINIMUM FLOOR AREA MAX GROSS FLOOR AREA 700 Square Feet* 45,000 Square Feet Not Applicable Not Applicable PRESERVE EASEMENT SETBACK 25 Feet 10 Feet *Per principal structure on the finished first floor, SPS = Same as Principal Structure ROW = Right-of-Way Table II above sets forth the development standards for land uses within the Singer Park CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan or subdivision plat. C1!l!lCllm",,1s ~IJ(/ S.rlingN>lancY(,lJlJdladl1loca! :fflhingsll'.mporar/lniom.II','s,iOl}(1j tlF.Y.1l8._04G200 (1) fIr,,-' Singer Park PUDZ-2008-AR-I3048 EXHIBIT "B" April 2, 2009 Page 2 of2 17A '''I B. ARCHITECTURAL AND RELATED REQUIREMENTS a, All buildings and structures shall utilize a common architectural theme, This theme shall be applicable to both building design and signage. b. All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. c. The project shall be designed to encourage pedestrian traffic through placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. d. 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I~! ) 17A ., PUDZ-AR-13048 EXHIBIT "D" LEGAL DESCRIPTION THE NORTH 180 FEET AND THE SOUTH 150 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 47, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7 AT PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA, 1.~;..."tc-J./l":~\$1G\J we6\'~Ift;"i:r,c1 !;lIbmJtFtMt;;.r.MiJ:{ ,') iJC1('; Singer Park PUDZ-2008-AR-13048 EXHIBIT "E" Page 1 of3 17 A .", EXIDBIT "E" DEVELOPER COMMITMENTS The development of the Singer Park CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and/or preliminary work authorization, to which such regulations relate. \\!here these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply, UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available. TRANSPORTATION A. Any turn lanes (or modifications to turn lanes) serving this site that are required to be installed during any subsequent Development Order on this site shall be the responsibility of the developer, his successors, or assigns to fund or construct. The developer shall not relocate the Easterly edge of paving of Everglades Boulevard to accommodate turn lanes unless otherwise approved by the County", The turn lane design at the time of the first subsequent development order application shall anticipate a 45mph design speed. B. Fair share payment shall be required of the Developer, his successors, or_assigns toward improvements (either under County contract, planned, or conceptual) at the Oil Well Road/Everglades Boulevard intersection and the lmmokalee Road/Everglades Boulevard Intersection, Developers' fair share estimate(s) will require approval from the County prior to approval of the first Development Order, and payment must be received by the County prior to issuance of the first Certificate of Occupancy. C, The additional right-of-way shown on the CPUD Master Plan shall be dedicated on the plat or conveyed in fee simple by deed to the County at no cost to Collier County within 180 days of approval of the Singer Park CPUD. More specifically, this additional right-of-way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way, This dedication shall satisfy LDC requirements for compensating right of way to accommodate turn lanes, Also,_any existing lands located within the existing Everglades Boulevard right of way or easement shall also be dedicated in fee simple to the County at no G.\ClHT8IlnGund18chIPUD R&lon<ls\Slnger P.t1< CPUD AR.130481ExhiM f o.vCommitmonfs 3.20.09.dvc Singer Park PUDZ-2008-AR-13048 EXHIBIT "E" Page 2 of3 17A :f I cost to the County, to avoid severance of the underlying parcel. No credit for mitigation shall be construed from the dedication of lands within the existing roadway boundary, D, This PUD shall be limited to a maximum total p.m. peak hour trip generation of 277 trips for any mix of proposed land uses, ENVIRONMENTAL A A minimum of 0.66 acres (15% of the 4.39 acres of native vegetation on site) shall be required to be retained, LANDSCAPE AND BUFFERING A. A 25-foot wide landscape buffer shall be provided along Everglades Boulevard. This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet in height within one (1) year. A minimum of fifty (50) percent of the twenty-five (25) foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees shall be retained within this twenty- five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in its natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. B. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses, If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). C. Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy five (75) feet wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer, A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with LDC requirements, The native vegetation retention area may consist of a perimeter berm and be used for water management detention. Any newly constructed berm shall be revegetated to meet requirements of the LDC (native vegetation replanting requirements). Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: G,1Cu~nAGundl.chV'UD R8zon.slSlnger Parle CPUD AR.130481E.hlbll E DevComJllHmenls 3.20.09.doc Singer Park PUDZ-2008-AR-13048 EXHIBIT "E" Page 3 of3 j,,7A ".. (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation, (2) If the project requires permitting by the South Florida Water Management District, the owner/applicant shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements, If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management purposes. (3) If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. D. The project shall be designed to provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per the LDC, as in effect at the time of PUD approval. Walkways or courtyards shall connect adjacent buildings. LIGHTING A. All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses, (1) Where a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines, Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. (2) Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward, Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. (3) Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated, (4) Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illUminated, and to limit the amount of light that extends outside of the intended area, 6:ICUtr'OnMvndlachlPUO RozoneslSinger Pari< CPUD AR'13048\Exhibil C OevCommilm.nl$ 3.2Q.OUoc 17A"'1 Acct. #068779 April 27, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2008-AR-13048, Singer Park CPUD Dear Legals: Please advertise the above referenced notice on Sunday, May 10,2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 17 A' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 AN ESTATE (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5.14 +/- ACRE PARCEL TO BE KNOWN AS THE SINGER PARK CPUD LOCATED EAST OF EVERGLADES BOULEVARD AND SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 30, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. Petition: PUDZ-2008-AR-13048, Nadesha Ranasinghe represented by Richard Yovanovich of Goodlette, Coleman, & Johnson, PA and Ronald Nino of Vanassee & Daylor, LLP are requesting a PUD rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow a 45,000 square foot commercial development including retail, service and office uses to be known as Singer Park CPUD, The subject property, consisting of 5.15 +/- acres, is located on Everglades Boulevard South of Immokalee Road (CR 846) in Tract 128 of Golden Gate Estates, Unit 47, in Section 30, Township 47 South, Range 28 East, Collier County, Florida. 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 5 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. 17 A "1 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 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 DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts ('len;~~}L~:pf~e~ llier tw ... \ CLERK OF THE CIRCUIT COURT COLLIER COUNTY .l:OUR'PfIOUSE 3301 TAMIAMI T.8.AIL EAST P.O. BOX 4\,3044 . NAPLES, FLORIDA3410 1-3~44 17A , ., 3~~~ Clerk of Courts Accountant Auditor Custodian of County Funds April 27, 2009 N adesha Ranasinghe 450 Henley Drive Naples, FL 34104 Re: PUDZ-2008-AR-13048: Singer Park CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts !~.__..~--"-~~-\ ~:eo~nty~:oIe'Qllier ~<Y"""V '~"'" \, CLERK OF THE t~RCtJIT COURT COLLIER COUNTY ,COUKftlOUSE 3301 TAMIAMI ~IL EAS......T PO. BOX 41.3044 NAPLES, FLORIDA14101-3044 17A I :, d~/ ;1 w;:- Clerk of Courts Accountant Auditor Custodian of County Funds April 27, 2009 Vanassee & Daylor, LLP Ron Nino 12730 New Brittany Blvd. Suite #600 Ft. Myers, FL 33907 Re: PUDZ-2008-AR-13048: Singer Park CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, May 26, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Page 1 of 1 17A Martha S. Vergara From: Sylvia Oifolco [sdifolco@gcjlaw.com] Sent: Wednesday, April 29, 20092:14 PM To: Martha S. Vergara Subject: RE: Rich's Hi again Martha, Rich said it's OK to leave the way it is with just Goodlette, Coleman & Johnson, PA Thank you, Sylvia From: Martha S. Vergara (mailto:Martha.Vergara@colliercierk.com] Sent: Wednesday, April 29, 2009 1:30 PM To: Sylvia Difolco Subject: RE: Rich's Hi Sylvia, Have you heard from Rich?? I Just went ahead and made the changes and am waiting on his ok to send to NON.. Thanks, Martha From: Martha S. Vergara Sent: Tuesday, April 28, 20094:04 PM To: 'Sylvia Difolco' Subject: Rich's Hi Sylvia, Here is the document that is missing the correct company name for the proposed text to be published in NON. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -7240 239-252-8408 fax (m9rtb(:t,\lergqI9@~QlUeI~le[!s.,~Qm) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/29/2009 Page 1 of 1 17A Martha S. Vergara From: Martha S. Vergara Sent: Thursday, April 30, 2009 9:00 AM To: 'Iegals@naplesnews.com' Subject: PUDZ-2008-AR-13048 - Singer Park CPUD Attachments: PUDZ-2008-AR-13048.doc; PUDZ-2008-AR-13048.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (mi;lJlhi;l,~~I9g[g@c.Qlli~[c:!~rls,cQm) 4/30/2009 Martha S. Vergara From: Sent: To: Subject: Attachments: ~i~; , ~= 17 A' postmaster@collierclerk.com Thursday, April 30, 2009 9:00 AM Martha S. Vergara Delivery Status Notification (Relay) ATT02861.txt; PUDZ-2008-AR-13048 - Singer Park CPUD rr'CC::-~~71/ L.:-J ATT02861.txt (231 PUDZ-2008-AR-130 B) 48 - Singer Pa... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews,com 1 Page 1 of 1 17A Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, April 30, 2009 9:00 AM To: Martha S. Vergara Subject: RE: PUDZ-2008-AR-13048 - Singer Park CPUD ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Thursday, April 30, 2009 9:00 AM Posted To: Legals - NON Conversation: PUDZ-2008-AR-13048 - Singer Park CPUD Subject: PUDZ-2008-AR-13048 - Singer Park CPUD Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (mgrt::ha,'l~[ilil[g@C;::QJtiercLerk,C;::Qm ) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/3012009 Martha 5. Vergara 17A From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, April 30, 2009 11 :31 AM Martha S. Vergara Ad Confirmation Attachments: UAS305.jpg ~, !lI UAS305.jpg (30 KB) OTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 AN ESTATE (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5.14 +/- ACRE PARCEL TO BE KNOWN AS THE SINGER PARK CPUD LOCATED EAST OF EVERGLADES BOULEVARD AND SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 30, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDAi AND BY PROVIDING AN EFFECTIVE DATE, Petition; PUDZ-2008-AR-13048, Nadesha Ranasinghe represented by Richard Yovanovich of Goodlette, Coleman, & Johnson, PA and Ronald Nino of Vanassee & Daylor, LLP are requesting a PUD rezone from the Estates (E) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow a 45,000 square foot commercial development including retail, service and office uses to be known as Singer Park CPUD. The subject property, consisting of 5.15 +/- acres, is located on Everglades Boulevard South of Immokalee Road (CR 846) in Tract 128 of Golden Gate Estates, Unit 47, in Section 30, Township 47 South, Range 28 East, Collier County, Florida. 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 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 1 17 A _f,'f assistance, Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380i Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) May 10 1796389 PUB. DATE: Ad Number Total Ad Cost MAY 10TH 1796389 $529.70 Thank you for placing your ad. Emely Pagan 239-213-6061 2 day of (I) lt1l..~ ~ '. f () /) ) c:.o()/'L~A'.z ..;f');:'~'" CHAt~EL A. MCDONALD f> ~r)l';;;:~ Commission DO 650475 ,;.."":.:l,i,.~;" Expires June 29. 2011 "~%1~Rf~-S~~~:~" flr)!j:Jed H:rlJ TrGY F'irr In~l';ranG(; 8[10-385-7018 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+-- BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59574681 P.O. #4500096189 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Chris Doyle, who on oath says that he serves as the President and Publisher of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says Lhat the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/10 05/10 AD SPACE: 190 LINE FILED ON: 05/11/09 ::~na:ur~-~:-~:fla~:---~-~----c- Sworn to and Subscribed before me this /)( Personally known by me (~I)(] ..U~' 17A 2 00 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI_7 ,A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4. " THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Otl1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's silmature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig Community Development and ~ 51 ;f1 '1 Environmental Services 2. V\) 3. 4. 5, Sue Filson, Executive Manager Board of County Commissioners 6, Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Nancy Gundlach Contact Agenda Date Item was May 26, 2009 A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number Ordinance Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on Mav 26. 2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a Iicable. 239-252-2484 17. A. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ORDINANCE NO, 09-25 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES 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 AN ESTATE (E) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 5,14+/- ACRE PARCEL TO BE KNOWN AS THE SINGER PARK CPUD LOCATED EAST OF EVERGLADES BOULEVARD AND SOUTH OF IMMOKALEE ROAD (CR 846), IN SECTION 30, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE, 17 All WHEREAS, Nadesha Ranasinghe, represented by Ron Nino, of Vanasse and Daylor, LLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, Township 47 South, Range 28 East, Collier County, Florida, is changed from an Estate (E) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for a 5,14+/- acre parcel to be known as The Singer Park CPUD, in accordance with Exhibits A through E attached hereto and incorporated by reference herein, The appropriate zoning atlas Page 1 of2 17A map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: 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 ;l ~ day Of~, 2009. \' . ATTEST: DWIGJ-IT E. BROCK;QLERK Approved as to form and legal sufficiency: Clro H idi Ashton-Cicko Assistant County Attorney Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Permitted Uses Development Standards Master Plan Legal Description Developer Commitments 08-CPS-00859/9 HFAC BOARD OF COUNTY COMMISSIONERS COLLIEtflUNTY' FLORIDA ! ~~~. By: DONNA FIALA, CHAIRMAN Page 2 of2 , 'Singer Park PUDZ-2008-AR-1304~ EXHIBIT "A" February 20, 2009 Page 1 of 5 1. GENERAL DESCRIPTION 17A EXHIBIT "A" The CPUD Master Plan is intended to provide for commercial land uses, The Commercial area designated on the CPUD Master Plan is intended to provide retail and/or office uses up to a floor area of 45,000 square feet. All commercial areas shall be developed with a common architectural theme, which includes buildings and signs, 2. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses and Structures 1, Accounting 2. Adjustment and collection services 3, Advertising agencies 4. Apparel and accessory stores 5. Architectural services 6. Auditing 7. Auto and home supply stores 8. Banks, credit unions and trusts 9. Barber shops 10. Beauty shops 11. Bookkeeping services 12. Business associations 13, Business consulting services 14. Business credit institutions . 15. Business services - miscellaneous !."PIDix,!-s\SI0\810;Y31a,ry!nj:D,-a:7 Fin3.f SdimiflarlEtNbi/ /i_02i009.;J:;;c Group 8721 Group 7322 Group 7311 Groups 5611-5699 with 5,000 square feet or less of gross floor area in the principal structure Group 8712 Group 8721 Group 5531 with 5,000 square feet or less of gross floor area in the principal structure Groups 6011-6099 Group 7241, except for barber schoo Is Group 7231, except for beauty schools Group 8721 Group 8611 Group 8748 Groups 6153-6159 Group 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, Singer Park PUDZ-2008-AR-13048 EXHIBIT "A" February 20, 2009 Page 2 of 5 16, Child day care services 17. Churches 18, Civic social and fraternal associations 19, Commercial art and graphic design 20. Commercial photography 21. Computer and computer software stores 22, Computer programming, data processing and other computer related services 23. Credit reporting services 24. Drug stores 25. Eating places 26. Engineering services 27. Essential services, subject to Section 2,01.03 of the LDC 28, Federal and federally sponsored credit agencies 29, Food stores 30. Funeral services 31. Gasoline service stations 32, General merchandise stores 33, Group care facilities i.iPrt/=:::7siE iJ:[;1D3r;iZ;;fii;'~fiD[;dr F::i:i! s!;b:~;r.'ta!hj,ia,1 11,. D2'i(;D9.d:;:; 17A .~ 'I"~ pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, textile designers, textile folding, tobacco sheeting, window trimming and yacht brokers, Group 8351 Group 8641 Group 7336 Group 7335 Group 5734 with 5,000 square feet of less of gross floor area in the principal structure Groups 7371 through 7376 and 7379 Group 7323 Group 5912 Group 5812, except contract feeding, dinner theaters, food service-institutional, and industrial feeding with 6,000 square feet or less in gross floor area in the principal structure, Group 8711 Group 6111 Groups 5411 through 5499 with 5,000 square feet or less of gross floor area in the principal structure, Group 7261, except crematories Group 5541, not to exceed 12 refueling stations; subject to the LDC requirements Groups 5331 through 5399 with 5,000 square feet or less of gross floor area in the principal structure, Category I and II (except for homeless shelters); care units (except for homeless shelters); nursing homes, assisted living facilities pursuant to F,S, 9 400.402 and ch. 58A-5 F,A.C.; and continuing care retirement communities pursuant to F.S, 9 651 and ch, 4- 193 F.A.C.; all subject to LDC requirements, Singer Park PUDZ-2008-AR-13u48 EXHIBIT "An February 20, 2009 Page 3 of5 34, Health services, offices and clinics 35. Home furniture and furnishing stores 36. Home health care services 37. Household appliance stores 38, Insurance carriers, agents and brokers 39, Labor unions 40. Landscape architects, consulting and planning 41, Laundry, cleaning and garment servIces 42, Legal services 43, Loan brokers 44. Management services 45. Membership organizations, miscellaneous 46, Mortgage brokers and loan correspondents 47. Museums and art galleries 48, Musical instrument stores 49, Paint, glass and wallpaper stores 50. Personal credit institutions 51. Personal services, miscellaneous 52, Personnel supply services 53. Photocopying and duplicating servIces 54, Photo finishing laboratories 55. Photographic studios, portrait 56, Physical fitness facilities 57, Political organizations 58, Professional membership organizations 59, Public adrninistration 60, Public relations services ,',iPrcfec:tS'iEi[j,[ 1085'i.?Gn.i.-:q'\D!(1.~ Fin&f s!';tmif;;fJ~El.i;,'"fJ,1 A.. 0220C:;.d:;;: 17A Groups 8011 through 8049 Groups 5712 through 5719 with 5,000 square feet or less of gross floor area in the principal structure, Group 8082 Group 5722 with 5,000 square feet or less of gross floor area in the principal structure, Groups 6311 through 6399 and 6411 Group 8631 Group 0781 Group 7212, 7215, 7216, non-industrial dry cleaning only Group 8111 Group 6163 Groups 8741 and 8742 Group 8699 Group 6162 Group 8412 Group 5736 with 5,000 square feet or less of gross floor area in the principal structure, Group 5231 with 5,000 square feet or less of gross floor area in the principal structure. Group 6141 Group 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only. Groups 7361 and 7363 Group 7334 Group 7384 Group 7221 Group 7991 Group 8651 Group 8621 Groups 9111 through 9199,9311,9411 through 9451,9512 through 9532,9611 through 9651 Group 8743 Singer Park PUDZ-2008-AR-13U48 EXHIBIT "A" February 20, 2009 Page 4 of 5 61. Radio, television and consumer electronics stores 62. Real estate 63, Record and prerecorded tape stores 64, Religious organizations 65, Repair services - miscellaneous 66, Retail nurseries, lawn and garden supply stores 67, Retail services - miscellaneous 68, Secretarial and court reporting semces 69. Security and commodity brokers, dealer, exchanges and services 70, Shoe repair shops and shoeshine parlors 71. Social services, individual and family 72. Surveying services 73, Tax return preparation services 74, Travel agencies 75, United State Postal Service 76, Veterinary services 77, Videotape rental 17A Group 5731 with 5,000 square feet or less of gross floor area in the principal structure, Groups 6531 through 6552 Group 5735 with 5,000 square feet of less of gross floor area in the principal structure. Group 8661 Groups 7629 thfough 7631 and 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only. Group 5261 with 5,000 square feet or less of gross floor area in the principal structure, Groups 5921 through 5960 except pawnshops and building materials, Groups 5992 through 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths with 5,000 square feet or less of gross floor area in the principal structure Group 7338 Group 6211 through 6289 Group 7251 Group 8322, activity centers, elderly or handicapped only; day care centers, adult and handicapped only, Group 8713 Group 7291 Group 4724 Group 4311, except major distribution center Group 0742, excluding outdoor kenneling Group 7841 with 5,000 square feet or less of gross floor area in the principal structure Any other commercial use allowed in the C-1, C-2, or C-3 Zoning Districts that is deemed appropriate by the Board of Zoning Appeals by the process set forth in the LDC, Note: Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a component of a shopping center, !Pr:::la~s~~1a:BfD35'1.?;;;;ir:0D{r.fr Fir;::l S!ib;:;i;'jal'.,Exhibil A_C2?1)c:,_d:oc Singer Park PUDZ-2008-AR-13v"t6 EXHIBIT "A" February 20, 2009 Page 5 of5 B. Accessory Uses 17A Uses and structures that are accessory and incidental to the Permitted Uses within this CPUD depicted on the CPUD Master Plan, except drive-through facilities limited only to banks with a maximum of three (3) drive-through lanes per bank. C. Prohibited Uses: 1. Hardware stores 2, Drinking places 3. Liquor Stores 4. Mail order houses 5, Automatic merchandizing machine operators 6. Crematories 7. Radio, TV representatives 8, Direct mail advertising services 9. Amusement and recreation services 10. General hospitals 11. Psychiatric hospitals 12. Specialty hospitals 13. Elementary and secondary schools 14. Colleges 15. Junior colleges 16. Libraries 17, Correctional institutions 18, Waste management 19, Homeless shelters and soup kitchens LiPrl'I=:1s\Fi17,;B1DBtiZ;;r:in.1\Qr(!fr Final S!.ii;;nt'tia,~El..h;t<1 A._02'iOO;.ao:: Group 5251 Group 5813 Group 5921 Group 5961 Group 5962 Group 7261 Group 7313 Group 7331 Group 7999 Group 8062 Group 8063 Group 8069 Group 8211 Group 8221 Group 8222 Group 8231 Group 9223 Group 9511 Singer Park PUDZ-2008-AR-E EXHIBIT "B" April 2, 2009 Page 1 of2 17A EXHIBIT "8" TABLE II A. COMMERCIAL DEVELOPMENT STANDARDS PRINCIP AL USES ACCESSORY USES MINIMUM LOT AREA MINIMUM LOT WIDTH 10,000 Square Feet 100 Feet Not Applicable Not Applicable MINIMUM YARDS (External) From Everglades Blvd ROW From West & South CPUD Boundaries From other CPUD Boundaries 25 Feet 75 feet 25 Feet SPS SPS SPS MINUMUM YARDS (Internal) Front Yard Setback Side Yard Setback Rear Yard Setback 10 Feet 1 0 Feet 15 Feet 10 Feet 10 Feet 1 0 Feet MINIMUM DISTANCE BETWEEN STRUCTURES 15 Feet 1 0 Feet MAXIMUM HEIGHT Zoned Actual 1 Story not to exceed 35 Feet 1 Story not to exceed 40 Feet 1 Story not to exceed 20 Feet MINIMUM FLOOR AREA MAX GROSS FLOOR AREA 700 Square Feet* 45,000 Square Feet Not Applicable Not Applicable PRESERVE EASEMENT SETBACK 25 Feet 1 0 Feet *Per principal structure on the finished first floor. SPS = Same as Principal Structure ROW = Right-of-Way Table II above sets forth the development standards for land uses within the Singer Park CPUD, Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan or subdivision plat. Singer Park PUDZ-2008-AR-l ~ EXHIBIT "B" April 2, 2009 Page 2 of2 17A B. ARCHITECTURAL AND RELATED REQUIREMENTS a. All buildings and structures shall utilize a common architectural theme. This theme shall be applicable to both building design and signage. b. All buildings shall have tile roofs, 'Old Style Florida' metal roofs, or decorative parapet walls above the roofline. The buildings shall be finished in light, subdued colors, except for decorative trim. c, The project shall be designed to encourage pedestrian traffic through placement of sidewalks, pedestrian walkways, and marked crosswalks within parking areas. d, Drive-through establishments shall be limited to banks, with no more than 3 lanes; the drive-through areas shall be architecturally integrated with the rest of the building. e, Trash receptacles shall be screened on three (3) sides by a six (6) to eight (8) foot high opaque masonry wall or fence with an opaque gate on the remaining side for access, ( . :',_ ':'; ~~ ,;rr:j~!; :_~ CJ ;0' r; ~ 9 ::: o '" '" ~ n 3! ::: o '" '" 3: n .." o ... "'- ~ !' 'D~ ;:::i:! '--", " a OJ. 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POLICY 5. 1 OF THE rRANSPORTATiON ELEM T OF THE: GMP. 495'x TO SOUTH SIDE OF IMMOKALEE ROAD g. A 50' ROW IS BEiNG DEDI TED, AT NO COST. TO THE: COUNTY, J29 EVERGLADES BL VD. (100' OSDIEHT TrJIf Jl1GH(-or-WAY) '" q too 88~m~~ ~c:51 G1:l:: !'1:;':c~"';;: ~"('1<:~ v;<>c: ~!il~~:l:: ~:i!gj~!il "'''''bl> " ~C)!:l5o, ,....~....,:<:Q) O""'l/J --.. ~i'i"'~- t')"'g~~ ar-'-' <: a ." ""<. ....r 0&0 f+'-".-':;l 0.... i O~~r>1~:."'l -': '. . 0'" S::'" !:1il1 "'" . + ~:b~~ ....o~ + <. h~~~ + + ~, + . g",!;l!::~ . + !::"~~ =< ..,- ~ ~~;>)~"'lll Cl 5:1"" -t:/ Sl ~",g...j;:!:1 !il.,,~,"<> ;;;j ~1iia?)~~ :.. t:_og ~ "''''~'''5:I i:l~~l!'" ~I ~i 2~f;)~ts ~"'Cl <:: "'8 5:1 0"'5:1 <;; fl fl -",,'" <:> "'"a ..<"-<2'/"\.-0. ('.....~c:-.;~>-~.:sr.... ...."v,,; >-~~>-~-s- <:> '" !<!~:.!J~'" O1:-1~,,~ ~""ll:!1l "ii::....::i: ~~~~i ~:..og~ ",i!;1!:'1i3:: <: ~ -'....('1 ....~~~~ ~a....t<~ ~~~~5:! ~~ t:Jl/j ~ l1) ~ o. ' ..... ~. !;l ; '" o Cl Cl c o 7A "'..... N 't~o Ill....... \ ~ el'\ <ll 7. r~ ~ III ~ ~-\ -\ 0 Zz)> k l'\ ~t;) M 11\ ~ UlI/I)> \ -; 0111 _ III \ 11- ! >l r 'l> -\ III o o ^ '" '" q ~ >l 'l> t;) 1'1 \,l 10 N ,,0 r~ ~c'Z. <... () 1> .. 0111 )>\1\1'\ 7.-\\1\ -\ 1> -\ '-'-\'J> 111 -\ \1\111 \1\ ~ * v, .P ~ <: t.:J 17A PUDZ-AR-13048 EXHIBIT "D" LEGAL DESCRIPTION THE NORTH 180 FEET AND THE SOUTH 150 FEET OF TRACT 128, GOLDEN GATE ESTATES UNIT NO. 47, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7 AT PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA. !.\PI(:}~.z~81[ti:1{}a6t?,v:~~i'J'::~r:.{j 3<jbr.j;ti,:E};!~i!)i! D :;;iC 17A . Singer Park PUDZ-2008-AR-13 EXHIBIT HE" Page 1 of3 EXHIBIT "E" DEVELOPER COMMITMENTS The development of the Singer Park CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and/or preliminary work authorization, to which such regulations relate, Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. UTILITIES The project shall utilize well and septic systems until it is within an authorized water and sewer service area and central water and sewer services are available. TRANSPORTATION A, Any turn lanes (or modifications to turn lanes) serving this site that are required to be installed during any subsequent Development Order on this site shall be the responsibility of the developer, his successors, or assigns to fund or construct. The developer shall not relocate the Easterly edge of paving of Everglades Boulevard to accommodate turn lanes unless otherwise approved by the County~ The turn lane design at the time of the first subsequent development order application shall anticipate a 45mph de~ign speed, B. Fair share payment shall be required of the Developer, his successors, or_assigns toward improvements (either under County contract, planned, or conceptual) at the Oil Well Road/Everglades Boulevard intersection and the Immokalee Road/Everglades Boulevard Intersection. Developers' fair share estimate(s) will require approval from the County prior to approval of the first Development Order, and payment must be received by the County prior to issuance of the first Certificate of Occupancy. C, The additional right-of-way shown on the CPUD Master Plan shall be dedicated on the plat or conveyed in fee simple by deed to the County at no cost to Collier County within 180 days of approval of the Singer Park CPUD, More specifically, this additional right-of-way shall be 50 feet in width along the project's entire frontage along the Everglades Boulevard right-of-way. This dedication shall satisfy LDC requirements for compensating right of way to. accommodate turn lanes. Also,-any existing lands located within the existing Everglades Boulevard right of way or easement shall also be dedicated in fee simple to the County at no ,; . .,. ";:/:;;; ':"S ~,,' :~;' ~f:'j'';;:;2.';:k:!.: _ .,_:,i.,:-~?/ Singer Park PUDZ-2008-AR- I} EXHIBIT "E" Page 2 of} cost to the County, to avoid severance of the underlying parcel. No credit for mitigation shall be construed from the dedication of lands within the existing roadway boundary. 17 A D. This PUD shall be limited to a maximum total p.m, peak hour trip generation of 277 trips for any mix of proposed land uses, ENVIRONMENTAL A A minimum of 0,66 acres (15% of the 4.39 acres of native vegetation on site) shall be required to be retained. LANDSCAPE AND BUFFERING A, A 25-foot wide landscape buffer shall be provided along Everglades Boulevard. This buffer shall contain two (2) staggered rows of trees that shall be spaced no more than thirty (30) feet on center, and a double row hedge at least two (2) feet in height at time of planting and attaining a minimum of three (3) feet in height within one (l) year. A minimum of fifty (50) percent of the twenty-five (25) foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass, Existing native trees shall be retained within this twenty- five (25)-foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation shall be retained, where possible, to aid in achieving this buffer requirement. Water retention/detention areas shall be allowed in this buffer area if left in its natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. B. Fences or walls may be constructed on the commercial side of the required landscape buffer between adjacent commercial and residential uses, If constructed, such fences or walls shall not exceed five (5) feet in height. Walls shall be constructed of brick or stone. Fences shall be of wood or concrete post or rail types, and shall be of open design (not covered by slats, boards or wire). C. Projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy five (75) feet wide buffer in which no parking uses are permitted, Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with LDC requirements. The native vegetation retention area may consist of a perimeter berm and be used for water management detention, Any newly constructed berm shall be revegetated to meet requirements of the LDC (native vegetation replanting requirements), Additionally, in order to be considered for approval, use of the native vegetation retention area for water management purposes shall meet the following criteria: .1:,':1 <::':_'~-" ,~ ; ,.,,; :j; ~:,<; ,~:/(,..':':~' "~.;-:: Singer Park PUDZ-2008-AR-13 . EXHIBIT "E" Page 3 of3 17A (1) There shall be no adverse impacts to the native vegetation being retained. The additional water directed to this area shall not increase the annual hydro- period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by the South Florida Water Management District, the owner/applicant shall provide a letter or official document from the District indicating that the native vegetation within the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter, then the native vegetation retention area shall not be used for water management purposes. (3) If the project is reviewed by Collier County, the County engineer shall provide evidence that no removal of native vegetation is necessary to facilitate the necessary storage of water in the water management area. D, The project shall be designed to provide a functional public open-space component. Such public open-space shall be developed as green space within a pedestrian-accessible courtyard, as per the LDC, as in effect at the time of PUD approval. Walkways or courtyards shall connect adjacent buildings. LIGHTING A. All lighting facilities shall be architecturally-designed, and shall be limited to a height of twenty-five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. (1) Where a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged, (2) Where required, the street lamp shall be of the high pressure sodiwn type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area, (3) Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. (4) Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount ofIight that extends outside ofthe intended area. ~;.-f';;~",\;:.:;c>:::':, ]<,:.: '>::'~;';:S"~-";C)"'7;~: /').,':f;.' :-"~""-':?S: ~';:, :~:.:>!'3;'":.' :';:~[' '.:.' ;~:'.." 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-25 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BQ~~~?p~ County Commiss;6~ers" 0' .", ~ j .' "~ ~ ~ Martha Vef:g~:ra Deputy Clerk,..