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Agenda 01/15/2008 Item # 8A Agenda Item No. 8A January 15, 2008 Page 1 of 153 EXECUTIVE SUMMARY PUDZ-2006-AR-10376: Radio Road Joint Venture, represented by Michael R. Fernandez of l'lanning Development Incorporated, is requesting a rezone from Industrial (I) zoning district to thc Commercial Planned Unit Dcvelopment (CPUD) zoning district for the Lane Park CPUD to allow development of a maximum of 50,000 square feet of commercial uses. The subject property, consisting of 5.27 acrcs, is located at the northwest corner of Radio Road (CR 856) and Livingston Road (CR 881), in Section 36, Township 49 South, Range 25 East, Collier County, Florida OB.JECTIVE: To have the Board of County Commissioners (BCC) rcview staft's findings and recommendations along with the recommendations of the Collier County Planning Commission (CepC) regarding the above referenced rezone to CPUD and render a decision regarding the petition. CONSIDERA nONS: The petitioner requests that the BCC approve a rezone of the subject site from tbe I zoning district to the CPUD zoning district for the Lane Park CPUD. The proposed 5.27i-aere CPUO, if approved, will allow fbr a maximum of 50.000 square feet of commercial development. The PUD documents allow tbr a mix of commercial development consistent with the Livingston/Radio Road Commercial Infill Subdistrict of the Collier County Growth Management Plan (GMP), which the subject property is totally contained within. This GMP Subdistrict listed a number ofrestriction and conditions such as the restriction that permitted and conditional uses must be restricted to the generally pennitted land uses of C-3 commercial zoning district. The proposed list of pel111itted uses is consistent with the land uses allowed in the C-3 commercial district. Additionally this GMP subdistrict limits the maximum commercial intensity to 50,000 square feet, maximum building height for commercial structures to 35 feet in a maximum 0 I' three (3) stories, limits the access to Livingston Road to a right-in/right-out access that is further restricted to the northern one-third of the frontage on Livingston Road. These restrictions are being implemented with the rezoning of the subject property as proposed. No deviations are being sought as pmi ofthis pu~ rezoning petition. FISCAL IMP ACT: The PUD rezone, 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 pu~ rezone is approved, a portion of the existing land will 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 (CIE) of the GMP 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 Page 1 of 8 Agenda Item No. SA January 15, 2008 Page 2 of '! 53 required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collectcd prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by upplying ad valorem tax rates to applicable propcliies, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are 1101 included in the criteriu used by Staff und the CCPC to anulyz.e this petition. GROWTH MANAGEMENT PLAN IMPACT: Future Land Use Element (FLUE): The subject property is designated Urban, Industrial District, Livingston/Radio Road Commercia! Inlill Subdistrict, as identilied on the Future Land I ise Map (FLUM) of the GMP, The purpose of this Subdistrict is to provide services, including retail uses, to surrounding residential areas within a convenient travel distance to the subject property. The UrbHn industrial District permits basic industrial uses and limited commercial uses. The Livingston/Radio Road Commercial Intill Subdistrict allows I()r those permitted and conditional uses set (()rth in the Commercial Intermediate Zoning District (('-3). The project is consistent with the Livingston/ Radio Road Commcrciallnlill Subdistrict critcriu as noted in the project description. FLUE Policy 5.4 requires new developments to be compatible with the surrounding land arca. In reviewing the appropriateness of the requested uses/densities on the subject site. the compatibility analysis might incl ude a review of both the subject proposal and surrounding or nearby propeliies as to allowcd use intensities and densities, development standards such as thc proposed building heights, setbacks and landscape buffers, as well as the proposed building mass and building location. The adjacent tracts are developed with industrial uscs within the Industrial zoning district which limits building heights to a maximum of 50 feet which is higher than what this project proposes. The development cnvelope on the Master Plan indicates that buildings will be constructed more or less in the middle (north to south) with the project's access points onto Livingston and Radio Roads. Staff does not foresee any negative impacts that the proposed project would have upon the neighboring development. Therefore, staff believes the proposed development's uses will be compatible with the neighborhood and thus the petition is consistent with GMP Policy 5.4. In order to promote smati growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7,1 and 7.3 is required. Policy 7. J encourages connection to collector and arterial roads. This project is consistent with these policies because the project is bordered by Radio and Livingston Roads which are both classified as arterial roads, Policy 7,3 encourages new and existing developments to provide interconnection to other development. The project is bordered by roadways to the north, east and south, thus no roadway interconnections would be required in those directions. To the east is a 30-foot wide drainage swale contained in an easement. To the west of the easement are developed lots within the Collier County Production Park. Based upon aerial imagery provided in the staff report, an interconnection does not appear feasible because any interconnection would interfere with either existing buildings or existing parking areas within the Collier County Production Park. Page 2 of8 Agenda Item I~o. SA January 15, 2008 Page 3 of 153 Transportation Element: Transportation Division Planning staff has reviewed the Lane Park CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD documents to ensure the CPUD documents contain the appropriate language to address this project's potentialtral1ic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations art' approved. The project review was based onlhe current TIS guidelines and with respect to GMP Transportation Element Policy 5. I. The project traffic was distrihuted on the adjacent roadway network and analyzed through project huild out with consideration given to the five-year planning period. The proposed zoning creates a net reduction of 125 PM Peak Hour trips when compared to the existing zoning. The trips generated by. the proposed zoning will e);ceed 3 percent of the service volume on the iirst adjacent link (Radio Road from Livingston Road 10 i\irpoI1-Pulling Road), but do not impact any other links in the study area to a greater exlcnt than 3 pcrcen\. The study shows that a pOlent;al I.,r turning movement f'lilures at the intersection of Radio ,mcl I.,ivingston Roads is possible in the S-year planning period when the project traffic is included. However. the applicant has committed to providing a f'lir share payment towards improvements at the intersection of Radio and Livingston, which are 10 be determined atlhe time of the Development Order application, and shall serve as mitigation. Furthermore. the adjacent roadway network has adequate capacity to accommodate this project throughout the Jive-year planning period. Livingston Road, from Radio Road to Golden Gate Parkway, has a remaining capacity of approximately 1,877 trips, and is currently at LOS "13" with no programmed improvements. The segment of Radio Road from Airport-Pulling Road to Livingston Road has a remaining capacity of 530 trips, and is currcntly at LOS "0" Adequate capacity exists for the project and background traffic on the adjacent link(s), therefore the project is consistent with Policy 5,1 of the GMP Transportation Element. Therefore, the Transportation Division Planning staff recommends approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4,1 and 6,5.1, an Environmental Impact Statement was not required. 1n accordance with Policy 6.1.1, twenty-five percent of the existing native vegetation must be retained on-site; the Master Plan indieates 0.45 aeres will be provided, whieh is in eompliance with the requirement. No jurisdictional wetlands have been identiiied as required in Policies 6.2.1 and 6.2.2. In aecordance with Policy 6,2.6, required preservation areas are identified on the PUD Master Plan. GMP Conclnsion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consisteney or inconsistency with the overall GMP as part of the recommendation for approval, approval with eonditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a pOliion of the overall iinding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with the GMP Transportation Element as previously discussed, Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP, Page 3 of 8 Agenda Item No. 8,1\ January 15. 20G8 Page 4 of "153 AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may creatc. ENVIRONMENTAL ISSUES: Environmental Services statT has reviewed the petition and thc PUD document to addrcss any cnvironmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) hecause the site is below the I.and Development Code (!.DC) 10-acre size threshold requirement fill' a tract located landward of the coastal management boundary. The site is not located within a Special Treatment (S'll overlay which would also have required the submittal of an ElS. ENVIRONMENTAL ADVISORY COlJNCIL (EAC) RECOMMENDATION: l3ecause an EIS was not required and there arc no impacts to wetlands, this petition was not required 10 go to the EAt'. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The ccpe heard this petition on November 15,2007; a motion was made and seconded to liwward petition PUDZ-2006-AR-1 0376 to the BCC with a recommendation of approval by a unanimous vote subject to the following stipulations: I. Exhibit A of the pun documents shall be revised to remove the word "purely" fi'OITI use #43; and 2, Exhibit B of the PUD documents shall be revised to reflect a maximum actual building height of 50 feet; and 3. Revise Exhibit F of the PUD documents to add a stipulation addressing Transportations staff concern as fo 110ws: On written request by Collier County, the developer, or its successor in interest, at its sole cost, shall promptly reduce the Radio Road access to a right-in only condition, with no claim whatever against Collier County. 4, Revise Exhibit F of the PUD documents to add the "non-compatible use language" proposed as a pending LDC amendment (LDC Section IO.02.03.A.5, a-d). The language to be added shall be the language proposed as of the date of the CCPC hearing as follows: Non-compatible uses. Jt is recognized that there are uses and accessory uses which, because of their nature, have characteristics that do not meet the compatibility criteria of this ordinance and thus adversely impact adjacent areas. Special regulation of these uses is necessary to ensure that these adverse impacts will not contribute to the blighting and downgrading of the surrounding neighborhood. Page 4 of 8 Agenda Item No. SA January 15, 2008 Page 5 of 153 a. Within 15 days from submittal of any site development plan, it shall be within the discretion of the County Manager or designee to refuse approval '!fsw;h site development plan if it includes a use that in the professional judgment of'the County Manager or designee, is not compatible with and has the potential to cause a delelcrious effect upon an adjacenlneighborhood. b. NOlice of such refitsal shall be promptly mailed 10 Ihe applicant fiJI' Ihe sile developmenl plan Applicant and slaff' will meet al their earliest convcnience to discuss and attempl to amicably resolve Ihe compatibilily issucs, which can include, but is nol /;mited to, moving the que,I."tioned 71.\'(' to another locathJl1 )vhhin Ihc development. %ould Ihe parties he unable to reach an omicahle solulion Ihe mailer will he promptly refi'rred to the ('oilier ('aunly Planning Commission AI a publicly noliced hearing, the Planning Conll117s810n will rev;nv the proposed lfs'e make () finding as to (/) 11'hcther the proposed use lV[fS intendedfor this sUe. as set forth in the 20ning ordinance, and (2) lvhether such u,\,c can he made compalihle with fhe {}c!ioining neighhorhood Ihroug;h the impo,\'iliol1 (~l certain COl1tlitio!1s or restrictions, including hut not limi/ed 10 locating the use In w10lher !ocalhJl1 H-'ifhin the devc!op'J1Cnt, hutfc'ring, limiting hours c~f operation rc(/uiring (I vesfihule, walls and reiocafing dwnpsfers. d S'!7ould eilher the Cuunl}' or fhe applicant he unwilling 10 ahide wilh Ihefindings ol1d rccommcndahons (!l fhe P!U!1l1illg ('onlmis,\';on, the matter ll'ill then he fOrlvarded to the Board of County Con'lll1i,ysiol1Cr,\',j()r a public hearing, to he conducted h11he same manner as LlJC 5-'eefion J O. Og 00, except Ihal no lice I'UljJOses 10 da}'s prior nol ice hy publicalion will he su/ficien!. The petitioner's agent has revised the PUD documents to incorporate all the recommendations noted above EXCEPT item #4. The petitioner's agent testiiied at the CCPC hearing that he did not believe putting this encumbrance upon his petitioner as this time was "appropriate and necessary," noting that if this LDC amendment is adopted by the BCC then his petitioner would be governed by whatever is adopted at that time; however he did not believe it appropriate to subject this petitioner to a preliminary form of a pending amendment that may never be adopted. Staff does not support the inclusion of Item #4 above either, believing that to do so wouid be premature. The actual language of the proposed amendment has not yet been detennined; thus the final requirements of an LDC amendment could be more, or less, stringent than what is included in this language, It seems more appropriate to make this project subject to the same review criteria as any other project in similar circumstances so it would be more prudent to await the final rendition of the LDC amendment and this petition would be subject to that same requirement if the LDC is amended before an SDP is approved for the project. The wording was inselied as a result of the ongoing controversy related to locational criteria for bars and restaurants. In this instance, the subject site is bordered by Industrial zoning on the north and west boundaries, and by two arterial roadways on the east and south boundaries, Across Livingston Road to the east is the commercial portion of the Briarwood PUD which allows Cocktail Lounges as a permitted use, Any Cocktail Lounge in that PUD would be closer to the residential uses of Briarwood PUD than a similar use in the Lane Park CPUD and thus has the potential to have a greater impact upon the Briarwood residents that the Lane Park CPUD might have, Page 5 of 8 Agenda item i~o. 8A january 15, 2008 Page 6 of 153 Similarly, to the south of the Lane Park CPUD is Radio Road, which is a major east-west thoroughfare. To the immediate south of Radio Road is a 0.7 acre tract that is zoned C-5. The site is currently developed with a car wash, but the C-5 zoning is an intense commercial zoning district that would allow a Drinking Establishment, fClf cxample as a use "by right" should a property owner wish to redevelop the site. To the cast of the C-5 zoned tract is the Foxfire PUD. The most proximate area of the Foxiire PliO is developed with the golf course maintenance facility; the residential uses of Foxfire PUD are not adjacent to the Radio Road right-of way where Foxfire is closest to the Lane Park CPliD. It seems that the intervcning roadways and other properties have the potential to have more impact upon the nearby residential uses than this project might, therefore, it seems inappropriate to single out this project regarding non-compatible uses. LEGAL CONSIDERA nONS: This is a site specific rezone l1'om an I Zoning District to a CPUD Zoning District I{)r a project to be known as the Lane Park Cl'liD. Site specific rczones are quasi-judicial in naturc. As such the burden falls upon the applicant to prove Ihat the proposed rezone is consistent with all thc criteria set fc)rth below. The burden then shifts to the Board of County COl11missioners (BCe), should if consider denying the rezone., 1{1 determlne that such denial would not he arbitrary. discriminatory or unreasonable. fhis would he accomplished by linding that lhe proposal does IlO! meet one or more of the listed criteria belem. Criteria for I)Un Rezones Ask yourself the following questions, The answers assist you in making a determination for approval or not. I. Consider: The suitability of the area lor 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 afier consultation 'with the County Attorney. 3. Consider: Conformity of the proposed PliO with the goals, objectives and policies of the GMP. 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? Page 6 of 8 I\genda Item No. SA january 15, 2008 Page 7 of 153 6. Consider: The timing or sequence of development (as proposed)I~)r 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 sunounding areas to accommodate expansIOn. 8. Consider: Confol111ity with PUD regulations, or as to desirable modilications of such regulations in the particular case, based on determination that such l11odifications are justiticd as meeting public purposes to a degree at least equivalent to literal application of such regulat ions. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of1he GMP'! 10. Will the proposed PliD Rezone be appropriate considering thc existing land use pattcrn? II. Would the requested PliO Rezone result in the possibie creation 01' an isolated district unrelated to adjacent and nearby distric1s? 12. Consider: Whether existing district boundaries are illogically drawn !11 relation to existing conditions on the property proposed !{)r 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 sUITounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public saldy? 16. Will thc proposcd change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely atfect 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 111 accordance with existing zoning? (a "core" question...) Page 7 of 8 Agenda Item No. 8.1\ January 15, 2008 Page 8 of 153 22. Is the change suggested out of scale with the needs ofthe neighborhood or the county? 13. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting sueh use. 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 PUD rezone on the availability oj'adequate public/tlcilities and senice-\' consistent with the levels of service adopted in the Collier County GMP and as deilned and implemented through the Collier County Adequate Public Facilities Ordinance [Codc eh.106, arLlI], as amended. 26. Are there other factors. standards. or criteria relating: to the pt ID rezone request that the Board of County Commissioners shall deem imp0l1ant ;n the protection of the public health. salety. 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. (MMSS) RECOMMENDAnON: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR- 10376 subject to the conditions of approval that have been incorporated in the Ordinance of Adoption as that documcnt has been revised to reflect the CCPC recommendation, EXCEPT that Stipulation #4 noted above in the CCPC recommendation, shall not be included in the Ordinance. ]'REPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Page 8 of 8 Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda Item No. 8A January 15, 2008 Page 9 of 153 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This Item requires that all participants be sworn in and ex parte disclosure be provided by ComrilisslDll members, PUDZ,-2006~AR-l0376 Radio Road Joint Venture, represented by Michael R FernClndez of Planning Development Incorporated, is :equesiing 2 rezone from ihe IncJustnal {II zoning district to the Commercial Pianned Unit Development I,CPUD) zoning dist,ict for the Lane Park CrUD to aiiQl./v' develoornent 'Jf 3 i1l8>:lmum of 50000 square feet of comme:::lai uses The ~.ut)Ject prCJfJerty consisting of :5.27 3eres, :s iocated at I:he northwest (>:lrn~:' of RadiO n:::-,cld 211ci L,ivmgston RG3d in ~;E<tlor: ~)6, Townsilip t9 Soulr:, F\.cwge 20 E:ost, Col!;~~r COlint',', Fi.)nji;1 (10[;'; 01.' ;:-i !\[vl Prepared B)' ~~,::~~ ~:\%"dem, A,'CP -:i~,\inunity ~)c'I;_c'k,;J!:TK'nj & E:nvironmentar ~~ervices Prin~:ipai ?l;snner Date ;:cnd'-iQ B, ~__~md U""iel',pnVo.'nt R(:\ iew 12/1712007 -:':~,(H,L: AWi Approved By J\!d~' ;:'c'19 C:CIll1P1unity Development & Environmental Scrvk.es <i-pe:;,1tic-;r C,o A\\Ol\'~st D2te <':;ornnHmity 0evelapment &. Envfrcnniccntal Services A,jlTdn, 12/17'2007 '1i:D5Ji.M Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date Approved By 12/17f2007 2:00 PM Susan Murray, Ale? Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 12/19:200712:33 PM Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 12/1912007 2: 29 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Communit.y Development & Environmental Services Admin. 12/20/2007 8;05 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 12/21/20078:18 AM file://C:\Agenda T est\Export\98-J anuary%20 15,%202008\08. %20AD V ER TI SED%20PU BLJ.., 1/9/2008 Page 2 of2 .Agenda Item No. 8A January 15, 2008 Page 10 of 153 Approved By Marjorie M. Student-Stiriing Assistant County Attorney Date County Attorney County Attorne)! DfFice 12/25/20076:42 PM Approved By OMS Coordinator Applications Analyst Date t.,dminfstrative Services information ~€-::!ln()icmi ! 2,'25/20079:22 P,M Approved By I',"jarh Isa:::k~',o~'; 3udget f;",;:d>st :J2te ::ounty l'li2n&ger's ')ffici' -~)ff:(:,; 'if iVi",r"gen'fml & 8UO:TPt '~/26;:::OD; iU' '1/\M Approved By ;;,""'1",5 fVl!lcid "-!!'plv'\t,a'n,;'ei '.)?1e Board or C:cvnt}' :::':;.mm!,,,,-siop(:,,; ":',,_,'-'"' Yi~l";;;'_~j("-;' ".'-;;<:,:0'J'7 ':0; ;:;'11i fi le://C:\AgendaT est\Export\98-J anuary%20 I 5, %202008\08. %20ADVER TJ SED%20PUB LJ... 1/9/2008 .I\genda Item I~o. 8,1\ January 15, 2008 Page 11 of 153 Co~T County SUPPLEMENTAL STAFF REPORT TO: COLLIER COliNTY PLANNING COMM1SSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 15,2007 RE: PUDZ-2006-AR-10376: LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT -_._-~-~--_._~~-----~-~--- REOUESTED ACTION: The petitioner requests that the Collier County l'lanning Commission (CCPC) consider a rezone of the subject site from the Industrial (I) zoning district to the Commercial Planned linit Development (CPliD) zoning district for the Lane Park CPUD. PROJECT STATUS: The CCPC was scheduled to hear this petition on September 20, 2007; however the petitioner's agent sought and received a continuance to allow the additional time to response to a request to provide additional disclosure infonnation and to revise PliD Exhibit A to clarify two uses that were unclear. As of October 9, 2007, the petitioner's agent has not provided any additional disclosure information; the petitioner's agent stated the petitioner has retained counsel who will address this issue at the hearing. lise #13 proposed "Eating places with 6,000 square feet or less in gross floor area in the principal structure (group 58 I 2 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of the LDC" and use #3 I proposed "Food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure." The confusing language has been corrected. PliD Exhibit A now shows lise #13 as "Eating places (group 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of the LDC." The erroneous Item #3 I has been removed and the remaining items have been renumbered. SUPPLEMENTAL ANALYSIS: The changes made in the PUD exhibit were completed to correct ambiguities; the revisions make the proposed action more clear. Because no additional disclosure documents have been provided, staff has no infonnation to evaluate. STAFF RECOMMENDATION: Zoning & Land Development Review staff continues to recommend that the CCPC forward Petition PUDZ-2006-AR-I0376 to the Board of County Commissioners with a recommendation of approval subject to the stipulations that have been Supplemental Staff Report for 11-15-07 CCPC.doc LANE PARK CPUD, PUDZ-2006-AR-t0376 Page 1 of 2 Agenda Item No. SA january 15, 2008 Page 12 of 153 incorporated into the Ordinance and the PU 0 exhibits, finding that this petition be deemed consistent with the GMP. PREPARED BY: KA Y DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COtJ"ITY ATTORNEY DATE .-- ----, -_.-~_.,.--,..,-_._..__._-- ------.... RA Y BELLOWS. ZONING \lIANACiER DATE DEPARTMENT OF ZONING A"ID LAND DEVUOpMENT REVIEW SUSAN M.ISTENES, AIel', D1RECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DA TE COMMliNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Tentatively scheduled for the December 11,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Supplemental Staff Report for 11-15-07 CCPC.doc Page 2 of 2 LANE PARK CPUD, PlJDZ-2007-AR,I0376 P,aenda Item No. 8/\ , january 15, 2008 Page 13 of 153 Co~r County "'- ~~ ........ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 20. 2007 SUBJECT: PUDZ-2006-AR-10376: LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROPERTY APPLICANT/AGENT: APPLICANT: AGENT: John A. Wanklyn Radio Road Joint Venture 1100 5th Avenue South, Suite 201 Naples, FL 34 102 Michael R. Fernandez Planning Development Incorporated 5 I 33 Castello Drive, Suite 2 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Industrial (I) zoning district to the Commercial Planned linit Development (CPUD) zoning district for the Lane Park CPliD. GEOGRAPHIC LOCATION: The subject property, consisting of 5.27 acres, is located at the northwest corner of Radio Road (CR 856) and Livingston Road (CR 881), in Section 36, Township 49 South, Range 25 East, Collier County, Florida. (See location map on the fo 1I0wing page) PURPOSE/DESCRIPTION OF PROJECT: The proposed 5.21*-acre CPUD, if approved, will allow for a maximum of 50,000 square feet of commercial development. The PUD documents allow for a mix of commercial development consistent with the Livingston/Radio Road Commercial lnfill Subdistrict of the Collier County (GMP) Growth Management Plan, which the subject property is totally contained within. This GMP Subdistrict listed a number of restriction and conditions. These are being implemented with the rezoning of the subject property as proposed. These restriction and conditions are as follows: Lane Park PUD, PUDZ-2006-AR-10376 Staff Report September 20, 2007 eepe Page 1 of 7 Agenda Item No. 8/\ january 15, 2008 Page 14 of 153 I) Permitted and conditional uses are restricted to the generally permitted land uses of C-3 eommercial zoning district with four exceptions. The proposed list of permitted uses is consistent with or more restrictive than this referenced list and is further consistent with or more restrictive than the land uses by the current C-3 commercial district: and 2) Maximum commercial intensity is limited to 50,000 square feet; and 3) Maximum building height for commercial structures is 35 feet and up to three (3) stories; and 4) Mixed use incorporating residential. up to an intensity of 16 units per acre, is permitted and the height can be increased lor the mixed use structures to 45 feet within four stories. The proposed CPUD does not seek to incorporate a rcsident ial component and therefore the additional height and story are not applicable; and 5) Access to Livingston Road was restricted to a right-in/right-out and further restricted to thc northern one-third of thc fi'ontage on Livingston Road; a distance of 256 tect li'om the parcel's northern propel1y line. The CPUD Master Plan depiets a location within 200 teet and therct{)re it is consistent with this restriction. No deviations are heing sought as part ol'this PLiD rezoning petition. SlJRROUNDING LAND USE AND ZONING: North: Market A venue. then the Collier County Production Park, a developed industrial park with a variety of industrial uses. with an Industrial zoning designation. and a dcveloped lot within the Collier County Production Park on the south side of Market Avenue Livingston Road, then the Briarwood Plaza. an undeveloped commercial portion of thc Briarwood pliD Radio Road, then the Simply the Best Car Wash, with a C-5 zoning designation A public utility easement and then developed lots within the Collier County Production Park, with an Industrial zoning designation East: South: West: Lane Park PUD, PUDZ-2006-AR-10376 Staff Report Septem ber 20, 2007 CCPC Page 2 of 7 Agenda Item No, SA January 15, 2008 Page 15 of 153 GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban, Industrial District, Livingston/Radio Road Commercial Infill Subdistrict, as identified on the Future Land lise Map (FLUM) of the Growth Management Plan (GMP). The purpose of this Subdistrict is to provide services, including retail uses, to surrounding residential areas within a eonvenient travel distance to the subject property. The lirban Industrial District permits basic industrial uses and limited commereial uses. The Livingston/Radio Road Commercial Infill Subdistrict allows for those permitted and conditional uses set forth in the Commercial Intermediate Zoning District (C-3). The project is consistent with the Livingston/ Radio Road Commercial Infill Subdistrict criteria as noted in the project description. FLUE Policy 5,4 requires new developments to be compatible with the surrounding land area. In reviewing the appropriateness of the requested uses/densities on the subject site the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards such as the proposed huilding heights, setbacks and landscape buffers, as well as the proposed building mass and building location. The adjacent tracts are developed with industrial uses within the Industrial zoning district which limits building hcights to a maximum of 50 Icct which is higher than what this projeet proposes. The development envclope on the Master Plan indicates that buildings will be constructed more or less in the middle (north to south) with the projcct's access points onto Livingston and Radio Roads. Staff does not Icwesee any negative impacts that the proposed project would have upon the neighboring development Therefore, staff believes the proposed development's uses will be compatible with the neighborhood and thus the petition is consistent with GMP Policy 5,4. In order to promote smart growth policies, and adhere to the existing development character of Collier County, adherence to Policies 7.1 and 7.3 is required. Policy 7.1 encourages connection to collector and arterial roads. This project is consistent with these policies because the project is bordered by Radio and Livingston Roads which are both classified as aJierial roads. Policy 7.3 encourages new and existing developments to provide interconnection to other development The project is bordered by roadways to the nOlih, east and south, thus no roadway interconnections would be required in those directions. To the east is a 30-foot wide drainage swale contained in an easement To the west of the easement are developed lots within the Collier County Production Park. Based upon aerial imagery (see previous page), an interconnection does not appear feasible because any interconnection would interfere with either existing buildings or existing parking areas within the Collier County Production Park. Transportation Element: Transportation Division Planning staff has reviewed the Lane Park CPUD Traffic Impact Statement (TIS) included in the application back-up material and the CPUD documents to ensure the CPUD documents contain the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of its impact on the overall transpOliation system, and specifically notes that the County should not approve any request that significantly impacts a roadway segment already operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-year planning period unless specific mitigating stipulations are approved. Lane Park PUD, PUDZ,2006-AR,10376 Staff Report September 20,2007 CCPC Page 3 017 Agenda Item No. SA .January 15, 2008 Page 16of153 The project review was based on the current TIS guidelines and with respect to GMP Transportation Element Policy 5.]. The project traffic was distributed on the adjacent roadway network and analyzed through project build out with consideration given to the Jive-year planning period. The proposed zoning creates a net reduction of 125 PM Peak Hour trips when compared to the existing zoning. The trips generated by the proposed zoning will exceed 3 percent of the service volume on the Jirst adjacent link (Radio Road ii'om Livingston Road to Airport-Pulling Road), but do not impact any other links in the study area to a greater extent than 3 percent. fhe study shows that a potential for turning movement failures at the intersection of Radio and Livingston Roads is possible in the 5-year planning period when the project traffic is included. However, the applicant has committed to providing a fair share payment towards improvements at the intersection of Radio and Livingston. which are to be determined at the time of his Dcvclopment Order application, and shall serve as Illltigation. Furthermore, the adjacent roadway nd\vork has adequate capacity to accommodate this project throughout (he five-year planning period. I.ivingston Road. (I'om Radio Road to Golden Gate Parkway. has a remaining capacity or approximately I.sn trips. and is currently at LOS "8" with no programmed improvements. The segment of Radio Road li'om Aiqx)rt-Pulling Road to Livingston Road has a remaining capacity of 530 trips, and is currently at UlS "D:' Adequate capacity exists fClr the project and hackground traftie on the adjacent link!s). tberefclre the project is consistent with Policy 5.1 ill' the GMP Transportation IJcment. J'here!clre. Ihe Transpilrtation Division Planning staff recommends approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Polieics 2.4.1 & 6.5.1. an E:nvironmcntal Impact Statement was not required. In accordance with Policy 6.1.1. twenty-jive perccnt of the existing native vegetation must be retained on-site: the Master Plan indicates 0.45 acres will be provided, which is in compliance with the requirement. No jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas are identified on the PliD Master Plan. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to CPliD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLliE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLliM and the FLliE as indicatcd previously in the GMP discussion. The proposed rezone is also consistent with the GMP Transportation Element as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the overall GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections] 0.02.13 and 1 0.02.13.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (Cepe) uses these same criteria as the basis for their recommendation to the Board of County Lane Park PUD, PUDZ-2006-AR-10376 Staff Report September 20, 2007 eepe Page 4 of 7 f\genda Item No. SA January 15, 2008 Page 17 of 153 Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request These evaluations are completed as separate documents and are attached to the staff report (See Exhibits A and B). Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission required because the site is below the LDC 10-acre size threshold requirement for a tract located landward ofthe coastal management boundary. The site is not located within an ST overlay which would also havc required the submittal of an EIS. TransDortation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues. The applicant has incorporated Transportation Division staft's revisions within the PUD document, and Transportation Division Planning staff recommends approval subject to the Transportation commitments contained in thc PUD document This includes a provision that the development provide payment in lieu of thc installation of sidewalks on one side of the road as exempted in Section 2.5.C of the PUD document UtiliN Review: This projeet is loeated within the County Sewer Servicc Area and is within the City of Naples Water Service Area. There is existing 12 inch !()rce main in the interscction of Radio Road and Livingston Road. The project will be subject to the conditions associated with a Sewer Availabilitv Letter II'om the Collier County litilities Division. Emen;encv ManafIcment: The Lane Park CPliD is located in a CAT 3 hurricane surge zone which requires evacuation during some storm events. While there is currently no impact mitigation required tor this, it should be noted that approval oftbis PLJD in consideration of the other development in this area, increases the evacuation and sheltering requirements for the county however, note this is a commercial project; there are no residential units planned for this project Zoning Review: As illustrated in the aerial photograph located on page 2 of the staff report, the surrounding zoning discussion of this statf report, and the Master Plan, the site is adjacent to industrial uses west; to the north is Market A venue, then the Collier County Production Park, a developed industrial park with a variety of industrial uses; to the east is Livingston Road; to the south is Radio Road. The industrial zoned parcels around this subject parcel are developed with industrial uses, thus this project should be compatible with the neighborhood. Staff has offered that finding as part of the GMP analysis discussed previously. The development standards contained in Exhibit A of the PliD documents reflect a design approach that will provide a variety of commercial use oPpOliunities. Exhibit A of the PUD provides a minimum front-yard setback of 50 feet for Livingston Road, 20 feet for Radio Road, and 200 feet for Market A venue on lots that are a minimum of 75 feet Wide and no less than 10,000 square feet in lot area. Buildings are proposed to not exceed 35 feet in zoned height in a maximum of three stories. Buildings will be limited to a maximum of 50,000 square feet in gross floor area. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required NIM on November 15,2006 at the Naples Municipal Airport Aviation building conference room, at 5:30 p.m. Nine people attended, including the applicant's team and county staff. Mr. Michael Fernandez, agent for the applicant, gave a brief Lane Park PUD, PUDZ-2006-AR-10376 Staff Report September 20, 2007 eepe Page 5 of 7 Agenda Item No. SA January 15, 2008 Page 18 of 153 overview of the proposed zoning request and development plan. An audience member asked about the buffering requirements for the project to which Mr. Fernandez replied there will be a "Type B" landscape buffer between the site project and residcntial devclopment. Other statements made by Mr. Fernandez included the following limitations: · The project will be limited to a maximum of 50.000 square feet total building footprint; . Buildings will not exceed a height maximum of 35 feet; · Access to project from Radio Road and Livingston Road will be limited to right in. right out; . A 50 [(lOt setback from Livingston Road will be provided; and · A 25 foot setback !i'om Radio Road will be provided. Thcrc were no objections stated to either the rezone or proposed dcvclopmcnt. [Synopsis provided by Linda 8cdtelyon, Community Planning Coordinator] RECOMMENDA TJON: Zoning and Land Development Rcview staff recol11mends that the Collier County Planning Commission (CCPC) Icmvard Petition PlJDZ-2006-AR-I0376 to the Board of County Commissioners (8CC) with a recommendation of approval of the rezoning request li'ol11 the Industrial (I) zoning district to the Commercial Planned I. 'nil Development (CYt ID) IOning district subject to the stipulations that have been incorporated into the RPl JD docllment. PREPARED BY: DATE KA Y DESELEM, A1CP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: MARJORIE M. STliDENT-STlRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE Lane Park PUD, PUDZ-2006,AR-10376 Staff Report September 20, 2007 CCPC Page 6 of7 Agenda Item No. SA January 15. 2008 Page 19 of 153 SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTM, SERVICES DIVISION Tentatively scheduled i{)1' the Novemher 13,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK p. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. pUD Findings Lane Park PUD, PUDZ-2006-AR,10376 Staff Report September 20, 2007 CCPC Page 7 of7 .L\qenda Item No SA - January 15, 2'008 Page 20 of 153 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10376 Chapter I 0.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, ob.iectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements ofthe Growth Management l'lan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff rep0l1) of the relevant goals. objectives and policies of the Future Land llse Element and the Transportation L1emcnt of the (iMP olTering a recommendation that this petition be found consistent with the overall GMP. <:,on: None. Findin~s: Based upon staffs review. thc proposed development is in compliance with (he hl1urc Land Use Element (FUIE) of 1 he Cirowth Management Plan (GMP) fClf Collier County and all other relevant goals. objectives and policies of the CiMP. 2, The existing land use pattern. Pro: The explanation of the request in the staff report and the location and zoning map that is attached to the staff report show the proposed development does not leave any remnant parcels and thus the proposed rezoning can be accommodated with the existing land use pattems. Con: The proposed retail and office land uses will bring additional vehicular trips to this area because the site is currently undeveloped; however the TIS submitted indicates that the trips generated by this development could be approximately equivalent to what would be allowed with the existing Industrial zoning. Findings: Land use patterns are influenced by several key factors such as land ownership and the County's GMP goals and objectives. Based on the FLliE and Land Development Code (LDC), staff has not found incompatible uses because this rezoning and the prior GMP Amendment were tailored specifically for this area of the County for these particular land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The proposed rezone is consistent with the GMP Livingston/Radio Road Commercial Infill Subdistrict Con: None. Findings: This petition does not create an isolated district because the subject parcel is of sufficient size and is compatible with the adjacent and nearby industrial uses and zoning district. Page 1 of 5 Agenda Item No. SA January 15, 2008 Page 21 of 153 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as discussed in Items 3 and 4 above. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is warranted based upon the relatively recently created GMp Livingston/Radio Road Commerciallnfill Subdistrict designation for the subject property. The proposed rezoning brings the subject propel1y into compliance with that designation because it would allow the uses contemplated in that subdistrict. Con: None. findings: The proposed Loning ehange is appropriate bascd on the existing conditions of the property and becausc its relationship to the FLUE (Future Land Use Element of the GMp) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro: The proposed CPliD rezone will not adversely affect living conditions In thc area because staff believes the uses proposed will be compatible with the existing land use in the surrounding area. Con: The proposed uses could increase the intensity of the traffic within the area; however as noted in Item #2 above, the TIS submitted indicates that the trips generated by this development could be approximately equivalent to what would be allowed with the existing Industrial zoning Findings: The County's land use policies that are reflected by the Future Land Use Element of the GMp support an action to this development at this location. Also, the site will include adequate landscaping, setbacks and buffering for the development. Furthermore, these standards are consistent with the land uses already in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases ofthe development, or otherwise affect public safety. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0376 Page 2 015 Agenda Item No. 8A january 15, 2008 Page 22 of 153 Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP, therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. Con: None. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMp and the project was found consistent. Additionally, certain transportation improvements are included in the PliO document 8, Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requiremcnt and are alreadv in place for the most part. Con: lirhan intensification iundcvelopcd vs. cleveloped) clluld potentially increase area-wide flooding in a severe rainfall event. Findinus: Fvery projeet approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all suh--surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to ad.iacent areas. Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.c. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation mayor may not affect value. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0376 Page 3 of 5 Agenda Item No. 8A January 15, 2008 Page 23 of 153 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable, Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or suhdlvision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent propeliy. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applieahle. Findings: The proposed dcvclopmcnt complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are c<insistent with said Comprehensive Plan. In light of this fact, thc proposed change does not constitute a grant of special privilege. Consistcncy with the FLUE is further determined to he a puhlic wel111re relationship because actions consistcnt with plans are in the public interest. 13, Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The adoption of the GMP amendment designating the subject sitc as the Livingston/Radio Road Commercial Intill Subdistrict discourage the use of the site under the current zoning designation. Con: None. Findings: The proposed action will bring the zoning into compliance with the GMP Livingston/Radio Road Commercial Intill Subdistrict; the current zoning is not compliant with that designation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff believes this development request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findings: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0376 Page 4 of5 Agenda Item No. 8A January 15 2008 Page 24 of 153 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicahle. Findings: As noted above, this site is the subject of a specific GMP Sub-district. That Sub- district was designed to accommodate the specific needs of that area of the County. 16. The physical characteristics of the property and the degree of site alteration which would he required to make the property usa hie for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: Thc specific site under consideration in this plIn developmcnt is undeveloped at this time. Findings: Any development of this site would rcquire considerahle site alteration with the proposed use of this portion of the site 17. The impact of development on the availability of adequate publie faeilities and sel'Vices consistent witb the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Faeilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMp and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A final detennination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. EXHIBIT A Rezone Findings PUDZ-2006-AR-l0376 Page 5 of 5 Agenda Item No. 8A January 15, 2008 Page 25 of 153 Exhibit B PUD FINDINGS PUDZ-2006-AR-10376 Section 1 0.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the pUD Master Plan's compliance with the following criteria: 1, The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed or is approved for development of a compatible nature. The petitioner will he requircd to comply with all county rcgulations regarding drainage, sewer, water and other utilities. Con: None. Finding: The stipulations included in the I'UD document adequately address the impacts from the proposed rezoning. 2, Adequacy of evidence of unified control and snitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed. particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provided evidence of unified control. The PliO document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies ofthe Growth Management Plan (GMP). Pro: County staff has reViewed this petition and has offered an analysis (see staffreport) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and po licies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 Agenda Item No. SA January 15, 2008 Page 26 of 153 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. Pro: The proposed development standards, landscaping and buffering requirements are designed to make the proposed commercial uses compatible with the adjacent industrial uses. Con: None. Finding: Staff analysis as contained in the staff rep0l1 indicates that this petItion is compatible. both internally and externally. with the proposed uses and with the existing surrounding llses. 5. The adequacy of IIsablc open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. FindinS!: ['he amount nf npen space set aside hv this project is consistent \vith the provisions of the I.and Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both pnblic and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PliO rezoning process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the snbject property and of surrounding areas to accommodate expansion. Pro: County Transportation Division Planning staff has determined that the proposed rezoning is consistent with the GMP Transportation Element requirements addressing roadway concerns. Con: None. Finding: I l' "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. PUD FINDINGS PUDA-2006-AR-IOI EXHIBIT B Page 2 of 3 Agenda Item No. SA January 15, 2008 Page 27 of 153 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that snch modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Not applicable; the petitioner is not seeking any deviations. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PliO depmi from development standards that would be required for the most similar convcntional zoning district. The development standards in this pun are similar to those standards and thc petitioner is not seeking any deviations as pmi of the rezoning action. PUD FINDINGS PUDA-2006-AR-IOl EXHIBIT B Page 3 of 3 <cOM ""DU) .O~ 0"'''- Z ,0 .-::=:CO 33~.N _,-ill -(1j:J) tU::;C';: -~ ~n.. 'J) --; :7) -c:( ,! I I ; ,__ I I \:,! C-.- '(l/\lIiNOl!:)~~-j , TT! ! I 1"-'--1' [ rr-Jr 'I-LL_-i~' ~~J _--'- 1_ IL , I I . i' '"'''',"00 l;~-:_J~- If;} -! 1 . - ! i, lil~; I VL-a.LValSlNl I I ld ! I . ! ' . "i ! I -- " !~ R- i . it I R~.I . iP i s i . 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OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. SA January 15, 2008 Page 29 of 153 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICA nON FOR PUBLIC HEARING FOR: o PUD REZONE (PUDZ) o PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ PUDZ-2006-AR-10376 PROJECT #2006020051 DATE: 8/28/06 KA Y DESF.LEM J [, , APPLICANT INFORMATION "--~-~~~l NAME OF APPLlCANT(S) RADIO ROAD JOINT VENTURE ADDRESS 1100 5TH AVENUE SOUTH SUITE 201 CITY NAPLES TELEPHONE# 561-272-2134 CELL # N/A E-MAIL ADDRESS: NIA STATE FLORIDA ZIP 34102 FAX # 561-278-1111 NAME OF AGENT MICHAEL R. FERNANDEZ I PLANNING DEVELOPMENT INCORPORATED i ADDRESS 5133 CASTELLO DRIVE, SUITE 2 CITY NAPLES STATE FLORIDA ZIP 34103 TELEPHONE # 239-263-6934 CELL # 239-370-6557 FAX # 239-263-6981 E-MAIL ADDRESS.PDIMRF@AOL.COM BE AWARE THAT COI.LIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6114/04 Agenda Item No. SA January 15, 2008 Page 30 of 153 ASSOCIATIONS Complete the following for all Association(s) affiliated with this petition. P,ovide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION, OWNER'S ASSOCIATION. INC. (lNACTIVEl COLLIER COUNTY PRODUCTION PARK PROPERTY MAILING ADDRESS 1100 FIFTH AVE. S.. SUITE 2_QL- CITY. NAPLES STATE -EL ZIP 34102 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP_,_ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION, MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION, MAILING ADDRESS CITY STATE ZIP c Disclosure of Interest Information 1 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 Percentage "f Ownership Application For Public Hearing For PlJD Rezone 6/14/04 Agenda Item No, SA January 15, 2008 Page 31 of 153 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 Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Addres. Percentage of Ownership d, If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Radio Road Joint Venture 100% Please see attached Owner.~hip Chart Applicfltion For Public Hearing F<Jr PUP Rezone 6/14/04 Agenda Item No. SA january 15, 2008 Page 32 of 153 e, If there ;s 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 Percentage of Ownership Date of Contract'_ f. If any contingency clause or contract terms involve additional parties, list all individuals or afficers, if a corporation, partnership, ar trust. Name and Address g. Date subject property acquired X - 6/25/87 leased 0 Term of lease yr../mos, If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date , or 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 findl public hearing, it is the responsibility of the applicant, or agent on his behdlf, to submit a supplemental disclosure of interest form. Applicati()J1 For Public Hearing For PUD Re1,One 6f14f04 PROPERTY LOCA TJON Agenda Item No. SA january 15, 2008 Page 33 of 15f Detailed le2al description of the "roperty covered by the apJ)lication: (If space is inadequate, altach on separate page~) If request involves change to more 'han one zoning district, include separcate legal description for properly involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six rnonths, maximum I" 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 c::ertification ot sealed survey may be required. Section/Township/Range 2.6_/_4!lD 25E lot: Block: Subdivision: Collier Countv Production Park Plat Book_.._ Poge #: Properly 1.0.#: 27165000258 'lnd 27155001500 Metes & Bounds Description: Please see attached leaal description She of J)ro"erty: ft. X ,___ft. = Total Sq, Ft. 229.611.97010 Acres 5.27 or A.ldressfl!enerallocation of subiect pl'Opert'V: Northwest corner of Radio Road and Livinl!ston Road f 4787 Radio Road PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities X Commmercial 0 Industrial L ADJACENT ZONING AND LAND USE Zoning land use Collier County Production Park Radio Road I Simply the Best Car Wash , Briarwood Plaza N S ROW/C-5 E PUO W Collier CounlY Production Park Does the owner of the subject proporly own property contiguous to the subjeci properly? If so, give complete legal description of entire contiguous properly. (If space Is inadequate, attach on separate page). N/A SectionfTownship /Range I I lot: Block: Subdivision: Plat Book_ Page #: Metes & Bounds Description: Properly 1.0.#: Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8A January 15, 2008 Page 34 of 153 REZONE REQUEST This application is reque.ling a rezone from the Commercial Planned Unit Develol>ment ICPUD\ Present Use of the Properly. Vacanl Indu.trlal II) zoning district(s) to the zoning dlstrict(s). Proposed U.e (or range of u.e.) of the property: 50.000 SQuare feel Original PUD Name. Commercial! Office and Retail Uses - a~proximately Ordinance No.. J EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analy.is and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Baard of County Commi..ioner. .hall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the crileria noted below. Include any backup malerials and documentation in support of the request. PUD Rezone Consideralions (LDC Section 10.02.13.Bl 1. The suilability of the area for the type and pattern of dev..lopment proposed in relation to physical charac::teristic$ of the land, surrounding areas, traffic and access, drainage, sewe" water, and other ulllili.... 2. Adequacy of evidence af unified contral and suitability of any proposed agreements,. contract, ar ather in.truments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for Ihe continuing operation and maintenance of such areas and facilities that are nolto be provided or maintained at public expense. Findings and recommendations of this type shatl be made only after consultation with the counly at1orn..y. 3. Conformity of the proposed PUD with the goals, objectives and polieies of the growth management plan. 4. The inlernal and ext..rnal compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5, The adequacy of usable open space areas in exlstenc.. and as propos..d to serve the development. 6. Th.. timing Dr sequenc.. of d..veiopm..nt for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7, The ability of the subiect property and of surrounding areas to acoommodate expansion. Application For Public Henring For PUD Re:rone 6/14/04 Agenda Item No. 8.6, january 15, 2008 Page 35 of 153 8, Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on defermination that such modificotions of justified as meeting public purposes to 0 degree alleast equivalent to literal application of such regulations. t?ti!LRestricliono: The County Is legally precluded from enforcing deed restrictions, however, many communltles hove adopted !iuch restrIctions. You may wish to contact the civic: or property owners association in the area for which this use is being requeste d in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land ose Detitions on the subiect propertY: To your knowledge, has. a public hearing been held on this property within the lasl year? 0 Yes X No If so, what was the nature of that hearing? ~_~__. NOTICE, This appllcation 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 processina or otherwise actively oursue the rezonina for a period of six (61 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 usuffidency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Bearing For PUD Rezone 6/l4/04 Agenda Item No. SA january 15, 2008 :J [ No, of Copies X 24* X 24* X 24* X 24 X 24 X 24 X 2* X 1* X 4 X 4* X 4 X 7 X 4 04 X 4 04 04 X I X 1 X 24 X SUBMITT AL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET ~ere If not reauired Completed Application 0 Pre-Application Meeting Notes 0 legible Conceptual Master Plan 24" X 36" - see below 0 Conceptual Site Plan 8 11," X 11" 0 PUD Document(s) ond Master Plan 0 24" x 36" Master Plan 0 Warranty Deed or Contrael for Sale 0 Owner/Agent Affidavit, signed & notarized [J Environmentallmpael Statement or waiver 0 Aerial Photos with Habitat Areas Identified 0 Utility Provisions Statement with Sketches 0 Traffic Impact Statement or waiver 0 Historical Surveyor waiver 0 Architectural Rendering of Proposed Structures Boundary Survey, no more than 6 months old (24" x36") Copies of State and/or Federal Permits Affordable Housing Density Bonus Agreement, if applicable Electronic Copy of PUD Document & Plans Copy of lelter notifying the U.S. Postal Service of project Addressing Checklist Required Fees - Check # 1617 - $15,623.75 'If Due additiotlal copy required iffor Affordable Housing X o X X o o As the authorized ageut/applicant for this petition, I attest that aU of the information indicated on this checldist is included in this submittal package, I understand that failure to include all necessary snhmittal information may resnlt ill the delay of processing this petition, ~'#/7 ~ 7-28-06 Art/Applicant Signatnre ~ Date Application For Public Hearing For PUD RC7.0ne 6/14/04 Agenda Item No. 8A january 15, 2008 Page 37 of 153 AFFIIJAvrt We/I, Radio Road Jaint Venture being first duly sworn, depose and say fhat we/I am/are the owners of the property described herein and which Is the subject matter 01 the proposed hearing; that all the answers to the questions In this application, Including the disclosure 01 Interest information, all sketches, data, and other supplementary matter attached to and made a part 01 this application, are honest and true to the best of our knowledge and belief. We/I understand that the inlormation requested on fhls application must be complete and accurate and that the content of this form, whether computer generated or County printed sholl not be altered. Public hearings will not be advertised until this application Is deemed complete, and all required information has been submitted. As property owner We/I further authorize Michael Fernandez I Plannin9 DeveloDmenl Incoroorated to act as our/my representative in any matters regarding thi~;<l . jc_ 2 & r-:;- N"" ;~/frXYAJ (r>- 1,1.--. (""'Y ' , 114 #/1~;,r"';q , Typed or Printed Name of Owner and Title sf- ^J was acknowledged before me this :3 t-- day of I flp.-Ych who is personally known to me or as Identification. , 200k--, by has produced State of Ao Y\cJ6... County of CD III L,y ,,,,!k:::1/4 ~ff;;dO,' (Print, Type, or Stamp Commissioned Name of Notary Public) ,""'-'""'~--"-'-'-"" ~".. -'.'. ~''''~--''''---'''''-;---~'. ;. ,~;Mfl&~ \ (~'I!W{y, THEf,ESA F. FERNANDEZ I ~ '?~ i MY COMMISS'OI~" OD 306048 ~ ~af'il.-~ EXPIRES:.Jvns20,2{)06 (H>O:1:;-,..NorAHY A. N~lary O,m:ul.lrl! ASiloc. Ca. '~'."'^~--""""""'--""'--~~----'--~.~-----_.-...-.-..... ,,/ LETTER OF AUTHORIZATION Agenda item No. 8A PUDZ-2006-AR.!roMlry 15, 2008 PROJECT #2006d2M~38 of 153 DATE: R128/06 KAY DESRLEM The undersigned do hereby swear or affml1 that they are the fee simple title holders and owners ofreeord of the propelty cmrently known as and legally dcscribcd as follows: .-..-.-.. ----.---. SEE ATTACHRD EXHIBlT A The property described herein is the subject of an application for a Planned Unit Development Rezone (PUDZ) Petition and subsequent development ordcrs Collier County. We hereby designate Plannimr Del'elomneltt Incorporated / Michael R. Femande7.. Alep 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 site, This authority ineludes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, sllrveys, and studies necessary to obtain development orders I permits li'om Collier County, Florida Power & Light (FPL), Florida Departmcnt of Trallsportation (FDOT), South FIOlida Water Management District (SFWMD), U.S. Army Corps of Engineers (ACOE) and/or Florida Department of Environmental Protection (FDEP), Sprint, T"" W"""', C,,,,,,,,,,, TliCO, ""d >>" ".";;'2;7.;;;~ ~Jlt/ ~. tN/frlIrA y"'; , Signature of Authorized Representative A Radio Road Joint Venture f' /l J.~/4~?oI1 cc,PiP I/VC . /WA?J/!t$/.,J:;; ~?1f~ t?/M;-~oS71. . Printed Name of Authorized Representative and Title' STATE OF PLOKII:')A COUN1Y OF CO (..u EfZ ~r m SW.J:l to (or affTIed) and subscribed before me this 31-- day of Ve-ll , 2006 by ok VI A, I ~llA/Y\ , who is personally known to me or who has produced as identification. I ~41/;JA(//1" \ SEA':L Notary Public My Conunission Expires: Name typed, printed or stanlped '-~--'_'__"h"~'h~_~"~J .,,9.,\'P~ !tV . ~ THERESI\ F. FERNANDEZ 9~~ MYCOMMISSIONft OD306648 ItG~\I.~'I; EXPIRES: June 2.0, 2008 1.eOO.:H,'OlAHY Fl Not'lTy D~COvn1.AS!OC, Co. · Documentatiori"ofauthorEition to Sign on behalf of ownership entity attached " " Agenda Item No. SA January 15, 2008 Page 39 of 153 EXHIBIT A LEGAL DESCRIPTION Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1B, as recorded in Plat Book 15, Pages 7 and 8 ofthe Public Records of Collier County, Florida. and Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida. Agenda Item No. SA January 15, 2008 Page 40 of 153 COVENANT OF UNIFIED CONTROL TIle undersigned do hereby swear or affirm that we are the fee simple titlebolders artd owners of record of property commonly known as the l...ane Park Ct>UD and legally described in Exhibit A a((ached bereto. Tbe property described herein is the subject of an application for commercial ptanned unit development U]tJD) zoning. Vle bereby designate Michael Fernandez I Planning Develoument IlIcornorated. legal representative tbereof, as the legal representatives of the property and as such, these individuals are autlJorized to legally bind all owuers 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 a~~i,<.:t in the preparation of applications. plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives \vill remain the only entity to authorize development activity on the property until such time as a l1ew or amended covenant of unjfied con1J'ol is delivered to Collier COUlJ1y. The lludersigued recognize the following ana will be guided accordingly in the pursuit of development of the project: 1, The property will be developed and used in confonnity ,:vitb the approved master plan including all conditions placed on the development and all cOlllmitmentt: agn,cu LO by the applicant in connection with the planned unit development rezoning, 2. Tbe legal rt:presentative identified herein is responsible for compliance with aU temls) conditions, snfeguards, EUld slipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in pmt, unless and llntil H new or amended covenant of unified control i~ delivered 1.0 and recordr.d by Collier Connty. 3, A departure from the provisions of the approved plans or a failmc t.o comply with any requirements; conditions, or safeguards provided for in the planned unit development process will Gonstitute a violation of the Land Development Code. 4, All tcrms and conditions of -the planned tlllit development approval will be incOIporated into covenants and restrictions which run with the land 80 as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms aIld conditions, 5, So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards. and conditions. of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue pcnnits. certificatc~, or licenses to occupy 01' use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into c I ce with allr+1l1S. e lions and safeguards of the planned unit development. . . Radio John A. Wanklvn Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subsc1ibed before me this ~j5: day of ~,200b.bY _~Vir\ "'", vJa.l\.\d~ ____ .__ who is personally known to me or has produced as identification, ~~ Notary Public '" - -~- .........'~~..-.....~----..----~ _}\\y ~u~ ~':vffl"" <;.,.~ "'1f')f\\.Q,<if' 1-6G:.).S-NOTAFtY THERESA F. FERNANDEZ MY COMlIim;S10N I; OlJ 30664B EXPlRES~ .June 20, 2008 fLN(lI:;ryDisCCl.!rr.~oc_CO. - - (Name typed, printed or stamped) .,...-...."-..,--.....--.._.~---_.-..---.....--....,~~-_. (Serial Number, if any) PUDZ-2006-AR-10376 PROJECT #2006020051 DATE: 8/28/06 KAY DESELEM Agenda Item No. 8A January 15, 2008 Page 41 of 153 EXHIBIT A LEGAL DESCRIPTION Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1 S, as recorded in Plat Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida. and Tract A, COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Pial Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida. Agenda Item No. SA january 15, 2008 Page 42 of 153 SWORN STATEMENT I, Michael R, Fernandez. President ,of Plann!n!! Development blcomorated , authorized representative of Radio Road Joint Venture ,owner of the property described herein and the project known as the Lane Park CPUD , first being duly sworn, depose and say that sufficient information has becn provided to the surveyor to allow the accurate dcpiction of all data required to bc shown on the signed and sealed boundary survey that is included in this petition submittal. Further, all information supplied is dcemed to be honcst and true to thc bORt of our knowledge and bdief .. ~--/22~,---- ~t~;c Michael R. Fcrt'k'llldez Authorized Represcntative for Radio Road Joint V cnture · STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me this ,')., 'J, day of , 2006 by Michael R. Fernandez , who is personally Imowu to me or who has produced as identification and who did (did not) take an oath. SEAL ,,'I~:I~~. SUSAN M. FARIZ ("':0<1 ~. (~\ Notary Public _ StBt& of Fbrida . : : . jMy Commls9Jon !:xpires Mar 23,2010 <~, ""ifl Commission ~ DO 532495 '#1',~f,r,\"" Bontlea By National Nolary Ann. .~~ l-vL 1tuc1'i; SIGNATURE OF NOTAR#UBLIC My commission expires: · See attached Letter of Authorization I'UDZ-2006-AR-I0376 PRO.1ECT #200G020051 D ATE: 8/28106 KA Y PESELEM . , ,. <roC"") 000'" ,:....c): '~ o (') :: 'i" --:1) ;;'-'(1) =roVi .S2~~ ',J o-Il.. =ro OJ-' ::JJ <J:. f-< ~ := u Po< :::0:: ........::11 :=~..: <IJ "" ~ i<l ~ j o '" ~ U !:l ;;;> >>< U ~ ~ " ~ ~ -0 '0 u U ... ... ..: ~ COo ("'J~ - ~ ~ " "0 %I 8 ~ 0 1I d) f~ Q.j~ .>f~ .>f~ ~ ;.::l :;j .0 ",;~ g~ .g!,j 'U ;9 f,J 7:1 ::s tI-t ~~ '00 ~O""dOO \-j (lO = p':: l"O ~"'OoCd "'0 ;''':1 a;a tl" S ::>,... '" 8~ '" " '" ... ~ Ii! " "", s gj' :l , ~ '" 8 ~ r.;~" ",'-1!l <If.,,; Ndl ,,0 Q ;l~ >-I] ~~ "" ii1 .S '" '0 .~ " '0 "8 .g 8 ... " 8 ... " \1 ~ >:'d '" = 15 u ~:a ~ 5 ~~ Eo< .. ~"" 0'2 ..., l! ~r) 0" ~=! o~ ~': llLLl'll7.lrlQ <l .a ~ ~ 'Q e " .5 ~ " ::l! Cl .. 0 0'.::1 ...",..., 11 sYJ ~ ""!l t: ~ Q ~w; ~:-9 e..c ~~~ ~ '" fa ~ .-! .a ~ g'i' .~ e i ~,~ . 8 ~ "" '" tJ~~ u ~ "il A .. ,J ~ " .. ~t:l~ .00 ~ ";::I 0 ",,- .. ~ ~ ...1 0 lJ ~ i~ ~. ..-"l ~",," !l'gl 'a Ii: '" :s~~ ;s '" 1! r: ~w OJ :?> '0 ~~'O' {J"'~ ",,~g ... ",,- ~~'il \l;l,,'" !l~] 's.!! ~ ~,!l-= " .a, '" "'''~ "" ... 0 t: ~'" i~ ~ 0 ~ ~ '" " ]~ '::\ 5'" ~;a'O' a-"CI~ tii~ ~~ ii .5.!l ~ ~~i "iJ~j is '6!, '" t: " " .8~-O ~ ~'" .!:l @' [/J 8 '" ~ " OJ :?> '0 Iii,..., 'd'O~ :liiig ';1 ]>c .!:i ti:l ~ ...1,.9 ~ . "'.<:l " " ~ll ~ .~O? Zloo(~ ~,g ~ o " .. U^I~UeM 'if Uuor ~ .0 ~ ,-. "" \;;\ A 1)!~ ~ a~ 1", 1-'."1 ~ ;i ~ ~ " 41", .El 0 N '" - ;;: .~ " ::F. ~ f-< C10Iil l~ u "0 ~ Slljl;<iJ ~~j~ cu~..d,.;;j . ~ '" c .::1 ".;::! ~ '" '1: \0 ~\;\(:Q<'1 ::l!~ ~ ;; .. . p .... 'D'" r-'" ",'" ",g -:g ~ cGQ'-O~ <N:;:~ ",""00"" ",,..t!</l oUoo~ ~\ ~ ..,~ N""o;t 00"'''';2 ;;J"~ ~~Q 8\70:LL >)() LL 6nv '. This Instrument Prepared by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 1395 Panther Lane, #300 Naples, Florida 34109 $ 10,00 recording fee Agenda Item No. 8A January 15, 2008 Page 44 of 153 AFFIDAVIT REGARDING PARTNERSHIP STATE OF FLO'RIDA COUNTY O'F CO'LLJER BEFORE ME the undersigned authority personally appeared John A. Wanklyn, who, being first duly sworn, deposes and says: I . That he is a general partner of RADIO ROAD JOINT VENTURE, a Florida General Partnership. 2. That all of the partners of RADIO ROAD JOINT VENTURE, a Florida General Partnership, and their partnership interests are as follows: CCPP, lnc" a Delaware corporation John A, Wanklyn, Trustee 99% 1% 3. That RADIO' RO'AD JO'JNT VENTURE was duly formed and is currently in existence under Florida law. 4. That anyone partner has full power and authority to execute deeds, affidavits, deed restrictions, and any and all other instruments dealing with real property or otherwise acting on behalf of the Partnership. 5. Neither the Partnership nor any of the partners have been debtors in a bankruptcy proceeding during the existence of this Partnership, 6. The corporate general partner has not been diSS~Olved. "'rtha.Affi""",,,,,,",,, ~.d-1- Jo A. Wanklyn The foregoing instrument was sworn and subscribed to before me this ~ day of -t\qi!)t~, 2006, by John A, Wanklyn, He is personally known to me and did take an oath, ~/l~~ Notary Public Print Name: -1A U'~ r: F .LYII ~ c:. My Commission Expires: (SEAL) r- ~;~r~;';---'-"-~'--" ., -~-------'----~--. f. '~Wi;'" THERESA F. FERNANDEZ I . ~ ~.w MV COMMISSION '/I nD 3066l1E ( ~l or i\~'l.. EXPHII:S: .lun~J 20, ~GaB .. 1.OC':':::i.~!CTAi1Y FL N')l~)Y Oi.!.ct.)\J>;\ A<;l!oc, Ca. ...,..........~,4,_......" '_..">-"._.,.,..-.._".,..... ._".--_'...-.........~ QBNAP\498978.1 Agenda Item No. 8A ~~~08 ~'~7153 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 Ea>t TomIami 1\'alI . N."lts. Florida 34112 . (239) 132-2$75 . Fa>c (239) 71!2-252~ May 23, 2006 PUDZ.2006-AR-10376 PROJECT #2006020051 DA TE: 8/28/06 KAY DESELEM Ms. Susan M, Fariz Project Coordinator Planning Development Incorporated 5133 Castello Drive, Suite 2 Naples, FL 34103 Subject: Northwest Comer of Livingslon Road and Radio Road Sewer Availability Dear Ms. Fal'iz: Sewer service is available for the above referenced project via existing lines along Radio Road to the east of the subject property provided you extend the lines to the subject property. If this project is not to provide the required Collier County Utility Easements (CUEs), all sewer facilities shall be owned and maintained by the owner, his successors or assigns, If this project is to provide the required CUEs, all sewer facilities shall be owned and maintained by Collier County Public Utilities, Water in this area is served by the CityofNaples, and you need to contact them for availability, They can be reached at (239) 213-5015. Tie-in to sewer lines shall be made after submission and approval of the hydraulic calculations by Engineering Review Services, showing that the downstream systems are adequate to handle the increase in flow. The District will be making phased expansions to the sewage transmission, treatment and disposal facilities servicing the area in question and other arcas of the County, based on demands within the system and other binding commitments. These expansions should provide sufficient capacity to supply the referenced property's anticipated sewage treatment and disposal demands and tbe remainder of the District's committed capacity. However, no guarantee can be issued that other developments throughout the District will not impact on the quantity of sewage treatment and disposal capacity available to this property until each phase has received a commitment for service. Agenda Item No. SA January 15, 2008 Page 46 of 153 Ms, Susan M. Fariz May 23, 2006 Page 2 Connections are also subject to the availability of water and sewcr capacity at the time formal application is received. Should water supply or sewage treatment and disposal capacity not be availahle, the Developer would be required to provide an interim means of water supply and treatment and sewage treatmcnt and disposal until the District's facilities have the adcquate capacity to serve the project. Please note that any and all improvements that you construct must be in accordance with all applicable ordinances and policies, including the payment of impact fees. Should you have any further questions, please feel free to contact me at (239) 732-2575, Best regards, {L_ CZT Amia Curry Engineering Technician cc: Diane Dcoss, Utility Billing & Customer Service Heather Sweet, Utility Billing & Customer Service WeS Hill, Engineering Review Services G:fEngineerlng Tt(:hfAvul.b;lil)'{AVl!i!ll~lIhy Lener STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Agenda Item No. SA january 15, 2008 Page 47 of 153 . APPLICANT INFORMATioN) NAME OF APPlICANT(S} RADIO ROAD JOINT VENTURE ADDRESS 1100 5TH A VENUE SOUTH. SUITE 201 CITY NAPLES TELEPHONE # 561-272-2134 CHL# NfA E-MAIL ADDRESS: NIA STATE Fl ZIP 34102 FAX # 239-263-6981 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4787 Radio Road LEGAL DESCRIPTION 'l Section/Township/Range 36 / 49S . / 25E Lot, Plat 800k Block: Subdivisio",__ Collier County Production Park Page #,___, Property 1.0.#, 27165000258 and 27155001500 Metes & Bounds Description: Sea attached leaal descri"tion I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED' . (Check applicable system): a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM 18l o o o o I TYPE OF Wjl.l"ER. SER.VICE TO. BE PRO\(IDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) o 18l o o Application For Public Hearing For PUD Rezone 6/14/04 , 'Sl A lEMENT OF UTILITY PROVISIONS - page 2 Agenda Item No. SA January 15, 2008 Page 48 of 153 TOT At POPULATION TO BE SERVED: 17,000 sf office + 33,000 sf retail == 50,000 sf total commercial PEAK AND AVERAGE DAILY DEMANDS: A, WATER-PEAK 10,154 apd AVERAGE DAILY B. SEWER-PEAK 10,154 apd AVERAGE DAILY · See attached calculations 5,850 aDd 5,8509Pd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED____,_~_____ NARRATIVE STATEMENT, 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 percoiation ponds are to be used, then percoiatlon data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the proiect 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 proiect 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, STATEMENT Of A\fAILABI,LrT'( CAPACITY FROM OTHE~ PROVIDER$: Unless waived or otherwise provided for at the pre-application meeting, if the proieet 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, Application For Public Hearing For PUP Re7.Qne 6/14/04 Lane Park CPUD Agenda ttem No. SA January 15, 2008 Date Prepared: 08/24/200if'age 49 of 153 Antlcloated Water Demand Anticipated Average Water demand Estimated sewage flow based on occupancy based Florida Administrative Code Chapter 64E - 6 Table 1 Assume: 17,000 33,000 Office Building Retail 15 0.1 Gallons par 100 square feet= Gallons per square foot= 2,550 ' 3,300 gallons per day 50,000 Square feet Anticipated Sewage flow = ~Tht':!li.~IiQ~t." gallons per day Anticipated Maximum Water demand Based on Great Lakes, Upper Mississippi River Board 1978 Standards Figure 1 Therefore: p = Population in thousands = 50 00 Peak Factor = (18+(pHO.5))/(4+(pHO.5)) Therefore: Poak Factor ::: Anticipated Maximum Water demand:::: 10,154 423 = 7 Gallons per day Gallons per hour Gallons per minute Total Maximum Water Demand - 857 Gallons per minute \~'!!.~~ Gallons per ur 1; ''l'''I~I\''H..,\", I~~ ,'~ "'. . j" .,,,~'{t-& '<'. ,,-" (,L~)I> "",{>,,~l);l"",, '.,- /if{~ i:;' ,: , .. ..-;(. ( Ql~ .,-'> '"' "~~,, l,., 't .;.-. Anticipated Fire Flow - 850 Gallons per minute N.F.PA 135 ", '. mith,.p.E,: _:,' ,,:, '0;, Fr6riq~ Re~isfratio~5419ii "J.":*,:' "~..",,, ~c-c.:J ....' .,~. . ,', i""W\-,,;,J / 'J'~',l' '. ~Htt . '..::. jt n~I~~' r. ,~t~:, Planning Development lnc. Page 1 Agenda Item No. SA January 15, 2008 PUDZ-2006-AR-l0376 Page 50 of 153 PROJECT #2006020051 DATE: 8/28/06 KA Y DESELEM FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DNISION OF HISTORICAL RESOURCES Ms. Susan M, Fariz Plmming Development Incorporated 5133 Castello Drive, Suite 2 Naples, Florida 34J03 May 31, 2006 Re: DHR No.: 2006-4129 Received by DHR: May 10, 2006 Commercial PUD POI PN: 05.01044 Collier County Dear Ms. Fariz: In accordance with the procedures contained in the applicable local ordinance or land development code, we reviewed the referenced project for possible impact to cultural resources (any prehistoric or historic district, site, building, structure, or object) listed, or eligible for listing, in the National Register of Historic Places, or otherwise of historical, archaeological, or architectural value. Based on the infonnation'provided, it is the opinion of this office that no historic properties are likely to be affected by the proposed undertaking. If there are any questions concerning our comments or recommendations, please contact April Westelman, Historic Sites Specialist, by phone at (850) 245-6333, or by electronic mail at amwestem1an(a),dos.state.fl.us. We appreciate your continued interest in protecting Florida's historic properties. Sincerely, ~n' .Q ? G.J.. Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Street . Tall~h.ssee, FL 32399-0250 . http://www.flheritage.com Cl Director's Office (B50) 245,6300' FAX: 245,6436 o Archaeological Re5carch. (850) 245.6444 . FAX: 245,6452 !KI Historic Preservation (850) 245,63~~ . FAX, 245",437 o Historical Museums (B50) 245,6400 . FAX: 245,6433 o Southeast Regional Office 0 Northeast Regional Office (954) 467-4990' FAX: '67-4991 (904) 825.5{J45' FAX: 825.5044 o Central F.Iorida Regional Office (813) 272-3843' FAX: 272-2340 , . - .n Agenda Item No. 8A ~ ~'.'.' Janu , 2008 Pag of 153 000118'. PAGE "!i;"'<""" . .;~ 'o_._"'{tt. . J."" If;'~ , .-to ;,!If oiII :1 I~ I _i - V> _ II: c.o~ ....a rru OR 8O/JIC 'fIt1. i...-~ _pared Ilr .... ...... ~. Tl~ G. ..lnl, ....lre A11llan, 0.10-1 OOpla , PI,*",,"", ...A. "1: Jl'" Red 1'<1. ..I ft.U ....M~. : .., .. --I.D.. Illlpl.., ,lOE'lda ""1 .<":..... J -.... 11l3)n",:ao.. h. .Ji __ nlG., '\ tnc"," l'llM OOC INT :JJ5Q: ~ >~. ~ J .; I e TlIIS IIIPEll1'tlllI IS IIAOJt tll. 13t~ de)' or AVllv.t , 1992, bet....n "^'1'lOllSIIAIIK TRUST CO!/PAHY or FLORIOl\, 11.1.., fOOlorly ClITIZIIIIB I\IlO 8OU'l'II1lRII'l'JlU/IT eoMPMlY (l'tORIor.), lI11/nOlll\" IlSBOCIII'l'rOlI anc! tul'tber to...l'1Y TJIJ IIATIOIII\L TIlUlI1' COJIPI\llY, 1Il1I'I.ES, FLOllIO.... all ""ly author he to a....pt Ind .1lOcute trult. "ltllln tile state of Florida, a8 Tru.t.. under t.he p~oYl.1on. of tha't oartaln truet .9r....nt lilted oot.ober 23. 1980, Ind known .... .,......t. 110. 5181, or.ntor, Ind RAOIO ROllO JOIHT _, a Y1orido lJenorll Pll'tner.llip, of SUO 1I0rth Fed.ral Hl9hvay, llO<la R.ton, Floridl 33431, Gt:'antae, BACKGROUND A. BY Trustee'. Dud dlted JUIllt 25, 1987, and rACorded It offieid ""cord.e Bool< 1278. pall. 1207 - 1211. Inclu.IV., Publia 'RaoorCi. of collier Coun~y, Grantor oonv8yeit to Grantee certain rell property In ~ 'lorllla. N B. '!'be first description "ge 1210 of Official Roooords Book 1278, (I tlllrd 1'"9" f lblt: A ot thlt d_ and un't:1t.led -Ea. r a 1"8511 (reviSed) H], contained a sa.lv. did not: at"ly lIesoribe the plrcal of r.al pr " ad to d.lICribe. rt was the intent ot . a 1 should be that real property whlcb ..... " p:< natruaent enti t1ell Ea88..n~, dated Jen in Official Records Book 1174, Page 135 ~ :::; :,.. 0 C. In order lption, the Crantor e~eoutea this in_ scrivener's error, to Icltnov1edIl" th" Inblnt 0 to convey to the Grsnt... any rl9htlJ that it: ",ay to tll" parcel that WI. erroneously d.B~~ibed. WITNESS1!:'TM: THAT the Slid Grenter, in conolderotion at tll" sllJll of ~.n Dollars ($lO.OO} and other 900d and valuabl..e cons.iderat.ion in hand paid, does hereby qrant, release, 8ell and convey unto Grantee. tbe real property in Collier County. l'lorilla described on the Ittaclled Exhibit 1\, TOQm'HEJl WITH the teneWlnts, appurtenances theret.o belonging-. 1'0 HAVE AND '1'0 HOLD: the S8111.e un'to the Grantee.. and to the property use I bene.f it. and behoof foraver of Grantee. G~R covenants and ~arrants that the property is free of all encuabranc8s made by Grant.or f except that this Deed Is subject to the tollowin~:. 1. conditions, restrictions, limitations and e8s~ants of record, if any, but this pX'ovi15lion shall not .operate to reimpose the same. 2. Zoning anti otber governmental regulations effecting the use and occupancy of the real property ~ PUDZ-2006-AR-10376 PROJECT #2006020051 DATE: 8128106 KAY DESELEM .' .,u OR 80DK 00..,. PAGE Agenda Ilem No. SA ~ an ar 15,2008 of 153 .~."j,.. ".. T.... aftd ....._nu tOE' 19." and 811b.eqv.nt ,...,... 4. 1.1... or .wrry truft d_ or ....~ llr ..., tM"-l ar recol"d 1" .al<1 county 91- to 8,"",," "M paya.nt or 110...,.. 8M reaei..i"" u.....l.._ .t tM date or tllG dellV.ry tb......r. 111 NI'1lI1lIl8 NIl_r. the or""tor h.. 0...."" Ita corporau ....1 to eru.... ..... h.. __ ita na.. to be .1",*, to the_ ......ont. by lu dilly alltborb"" orr1...r. tha dey aM )'0181:' r1n1: alH>vo wrltten. 819_. ....18<1 and <Sallv.r..s in the pre..nee I NATIOllIIlllIIIC TRUllT COIII'AII'" OF FLORIDA, N. A., former ly CITlZIlf8 A"D 80UTHBRN TRUST COIIPAIIY (I'I.ORItlAl. lIA'I'1011AL ASIOCrATIO" and furt.hu fo....rly THB NATIONAL TRUST OOIIPAIIf. 1IJIPLl':1. FLORIDA. o. 'l'.....ue under t.ha providon. ot tllat _in t.....t. ao;rrB_nt. elated oct.oNr 23, 1990, anct known a. TrU.t No. 5181, ..... "t.., ". " f-. STATE OF FLORIDA $ '. ~:',.' .' COtmTY 01' COLLIER (9. :' .... ...:,. The far",oin\! inB ad befora .. this ai.zl.!. clay of Ao..uT . 1 ,S I . . 'as .JII,';' _e~, et.,-r COIIP 01" FLORXDA, N.A. . ranarly CJ'I'IZEIIS AlII) IlOII'l'IIBRN TRUIlT COI'IPANY (I'LOJlIIlA). JIA'1'IONAL ABSOCIJI.TJOIl and f1lrthBr f01'll>Srly THB NATIONAL 'rIlUST COIIPAlI1',' IIAPLIlS, FLORIDA. as 'l'ruatM undBr the provi.iona of that. certain trullt aqr......nt c:latBd OC>tobllr 23. 1980. and known 06 TrUst Ng,. 5181, on babalf of the corporation. Ha/Sb8. i. personally known to pe or ha. produced .~ L IlIIIiI identificat.ion, ond did not t. My cam.i..ion BXp1res~ NOTM'tP'UilllC,Sif.TlOF flf);,:t.,l" MY tOM"I~Sll,)tl E:l.pltoL~ 0<.:.1,'"" BU. ....H~a ,""... ""'M" ~.....,,~ ..."..~~...-'.,'~,... '., .......- 11" OROOOK Agenda Item No. 8A . 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'::;'" ~.'~'.lo. ~,.r.........!.r. ..-.. .., , . , . :. :,:,.: ,.J"_,,:,,,~~':"';J :.....,~.\ .p;;'(.i!.~.-~...~)~;~~:";;:1't1iJ(f...,,~~\eo\' f:..;...~~~.~f#..(~..\ ::"h~ ,'. . . . ...... ....~~...~rt:t~:.~ ~~~t:'~.......;.~':"'...p.-.o.;~\I,y.~~~~:r ',' '. .' ... ~.M""" lI'I......\~fJf COttiER COlllfl'{. n01U~ ~hF' . :.' .' ~~: Agenda Item No. SA , ...,January 15, 2008 Page 54 of 153 ,.......... 6'[ I 001 7. 0 004tt1E~ COUNH 001178 OR BOOK 001207 PAGE 19B1 JtJlI 30 If I Kl< 36 nECOROEO ~~ \tI~ ::::----- TRUSTEE'S DEED 51Bl Trust No. THIS I1lOEHTUR1!, m.d. this 25th day of June '. 19-1lL between CITIZENS AND SOUTHERH TRUST COMPANY (FLORIDA), Hat10n.] Association, ~ ~ .' formerly THE HATIOHAL TRUST COMrANY~ Naples, Florida, duly authoriz'd to aoccpt and execute trusts within the State of Florida. as trustee under the provisions of a deed or deeds in trust duly recorded and delivered to ~aid corporation In' pursuance of oil trust tlgreement dDtcd the .....nnL day of October \ 19_~ and known as Trust Number 51S1, pnrty to the f1rst part, and 'RADIO ROAO JOlNT VENTUREt a Florida General Partnership cia Aerial Investmen Co. N~V. of 5B20 North Federal HiQhw8V pbrty of the second part. Bote Raton, florida 33431 WITNESSETH, that said party of tile first part. in consideration of the Received $ . Received $ "f fA-. p; "~n. '916 , :LLI~gEOflO~H(b,,~ D.C. To~ether w1t~ th~ ~enements and appurtenances thereunto be1onging. TO, HAVE AND TO 'HOLD the same unto said party of the secDnd part, and to the proper US~t b~nQfit and behoof forever of said party of the second part. s' ~ 1\ I' ~~~ ,~~ III ~'~"'-~",V-<'J.";:~(~~";,},,,,ol..\~,...~,",;;,,,,;,,,: "'",,.;.,, ,'."" '." ,", :;~".,l, ",',..>'" y'" ,,,,,.W.,, ......,,""'~ ->' Agenda Item No. 8A January 15, 2008 Page 55 of 153 . . U , ExhibH "A"OOI218 OR BOOl{ 001208 PAGE Co~~ncing at tho Northeast cor,ner of Section 36, Township 49 South, Range 25 E~Btl Collier County, Florida; thancQ ulon, th~ En$t line of said Section 36~ South O. 00 36" East 1300.29 feet fo~ tho PLACE OF nEGUtNING of the Parcel herein descrtbed; th~nee continuing along tho East line of ~aid Section 36, sout:h 011I AD' 36". 'East: 1345.31 feat to the East 1/4 corner of said Section ~6; thence continuing along the ERst line of snid Sect:icn 36, South 00 15' 45" West 2582.80 feet to the North Right-af-Way line of C-856, (Radio Road, 100' Right-of-Way); th~nce along said North Right-of-Way line, South B9- 11' 10" West 656.58 feat: thence along the ~e&t line of the East 1/2 of the SO\J~heast 1/4 of che Southeast 1/4 o.f said Section 3u, No~th 0" 101 25" Eust 1267.31 feet; thence: along the 'South line of the t~est 1/2 of the Northeast 1/4 of the Southeasc 1/4 of said Section 36. South 890 16' 0611 Hest: 658.51 feet; thence along the West line of the Northeast 1/4 of the Southeast 1/4 of said Saction 36. Horth 0.. 05' 05" East 1154.11 feet to the Southwe.st cornel." of t'hat pa:rcel described in deed recorded in O.R. Book 650, Page 49B, Collier County Public Records; then~e along the South line 0 recorded in D.n. Book 650. Page 498, S I East 220.33 feet; thence along the East 1i rdad in O,lL BaoK. 650. Pags 498 166.94 feet to the Bas t & Hest 1/4 Ii ence along the East: 0& tvest n 36, Norch 8SCl 21' 021T Eas ~hence along the ~8St WOS" 1/2 of the East Section 36. North 0" along the North line Northeast ~/4 of said 40Q.40 feee; thence alo Eas~ of (B~ measured at angles to) the Yest: line of the :East ~ Northe.ast 1/4 of said See-tic J3 656.67 feet; ehence parallel wit of said Section 36. North 89(1 211 02" Place of Beginning; being a part of ,the East 1/2 of Section 36. To~ship 49 South, Range 25 East, Collier County, Florida. . t e ;!l said he.nce the 02" East 70.00 fo..t parallal wLth 2. of the 011 50" West: sst & Weat.1/4 line East 591.04 feet to the LESS AND EXCEPtING THERtFROM; A trect of land lying ~n S3Pt T49S, R25E. Collier County, Florid~~ b~ing more ~art1cularly desc~ibed as followS; Commanc~ng ~t tha Southeast corner of said Section 35. run N 00 151421'E lllong" the !est Hne Df 536 a diatance'of 658.21' to the PDB 06 the hereinafter describeS tracti thence conttnue N 00 15142uE 1316.40'; thence S 89 16'341'W 2001; thence N 00 lS142)\E 54.55'; thence S B!10181341lW 60.0 ' to <<l, PDint of Curvature of a !'lon-tangent cur'lei thenci! 38.851 along the arc of a curve, conca~e to th& No~thwest. having e r~~tus of 26.00l and subtended:by a chnrd nDv~ng a length Df 35.061 and bearing S 44 4710SnW to a potnt of langency; thence S 89 IB'34IlW 271L51' to it P,9tnt of Curvature; tl1enc:e 39.65' 0.10ng t~e ar~ of 0 curve. conceca to the Nortbenst, 6av1ng S radiu~ of 25.00~ and subtendad by a chord n,vinO a la.9th of 35,62' and neari~ N 45 15'29"W to a ro\.nt Db Tongency: thence S 00 10'281OW 1732.S9"lj thence S 15 Oli146'E 1~2.7D feet: thencs SOD 10'2611 W 120.00' to the Northerly ROW lln. of C-B5B (Rad18 Roadl' thence H 89 11'1~'E a&ono . said ROW line a distance of 21~.4n'l the-nee N 00 131051 E 608.43' i thence N 89 13'38"E 337.63' to th~ POR. Slid tract containing 21.44 Acres more or l~ss. ClTr/J:tN8 iINb SOIJI'jlHllN l'M~ D1. ~~~.( J"~ -- ., r,"-" '" .. '. .~~. ~l;',~~.wir,!&~enda ItelVTl No. SA january 15, 2008 Page 66 of 153 , ......- o 01 2 7 B OR BOOK 001209 PAGE Exhibit "Au continuE!d AND LESS AND EXCEP7ING 7HEREFROM. A parcel of land lying in Southeast quarter of S36. T49S. R25E, Collier County, Florida, befng described as follows: Commencing at the East quarter coro&r of said 530. run S 09021'02"W along the quarter sect;on line 620647 feet to the P.OB; thence ~Dnti"He S a9021'02~W 480.05 feet~ then6e S 00 0510811 \of 329.48 feeti thence N 89 19'4711 E 479~S6 feet; tbence N 00 10'28" E 329.31 feet to the Point ~f Beginning. Said parcel containing 3.63 OCr6$. more or less, Subject to easements. ~estr1ct1ohS and reservations of record. . A parc~l at land lying 1n the Southeast qUB.rter of Section' )6, TO\>lTLship 49 South, I~ange 25 East., Collier Count.y, Florida.. being more particularly deso~ib9d a~ f~110WG' Commencil.1g at the East i corner of said Section 36. run S 890 21' 02" \'} 620..47 feet along the quarter section line I thence S 000 10' 26" ~'I JZ9.Jl :faet to the POINt' OF aEGINNINGI thence continue S 000. i.O' 28" 1..1 717.85 feet to the North 11ne. 01' Collier COl1l1ty Produc~ion Park Phase lA, as recorded in Plat Boo~ 1J pageg S5 and 56 o:.~ tho Puhlie: Hncardg 0'" ,ilE.1@ ty, Floridal "tJ,(lnoo N 8Qo 49' )2" W ;0.00 !.:!et 110 ~, s't: r-i line. of Commercial !.lou~evard, thence S 0 20" W 270.5 a.long said right-o!'- w~;y liner thence S 3 0 . 0 then09 N 000 10' 2.8" E 6;8.79 tee'tl thence e t. thence N 000 10.' 28" E 329,44 feet, 32 16 foet to the Point of Beginning. ~ :::; ,9 "" So of reoord. SUBJECT TO eusemcn'tB. A parcel of ~and lying in ~ne Northeast quarter of Sec~ion )?! ~ownship 49 South, Range ~5 East, Co1lier Coun'ty, Florida, bD~t~ lnore particula.rly" described as :follows I COIMnenclns: a't thl! !=:a.s't * corne. of' Baid. Sectiot\ )6. run S 890 21' 02" \~ along the quarter Gection line 620.47 tee-t to .'the POINT OF BtcItlNINO I th~noe continue S 890 21' 0201 W 370..32 .f&Elt I t~encG N 000 02' 27'1 w 359.;2 1'ae'tJ thence }II 890 21. OZ" E :no.:n faetl 'th~nce S 000 02 I 00" E 359.32 .feet 'to the Point of Bblginnl.i\.S. S~id parcel contains ).05 acree. more or lass. " SUBJECT 10 a road easement over and acrose the East )0.00 feetl ALSO, SUBJECT TO a rand easement over and across the South 60.00 fectl Al.SO. SUDJf.Ci' '.1'0 OJ. utjlity Elusement over and DCt"O:i~t th~ South lo.on r~~t und tho W~~t 10.00 foet, ALSO, SUDLeCT '1'0 uasem\Jntc, r~~t,('ictionc and reaervationo of r.ocortl. Cl'!'jz.ru,lY AND BOU'j'.lUU'I :J.'Jtu:u: OJ. ~'~X~It'lll.( :md ,~ ~i~'"'"'''. ... ~:...,. : . ... '.~~!1~ L .......~_ ,.. Agenda Item No. SA ~,."i.t . ,r.....i"...-~..l~nua(~ 5, 2008 Page: 57 of 153 001278 OR BOOK 00121 0 PAG~hibit nAil .. . continued:'" . .:~ . . . " . ,:,;.~~::",-~~:~.,~'~>:'; '~':;~~>~i.i-:~:;'i~:(,,~tJ\t~.;:::;;~~;: MtD LESS AND EXCEPTlNG THEREFROM: .'.. ":.:'..' {:':" .;~ . '::.' :'::',:'~.,.:.' \"(_~1;:~",~:,,:, '1, '~~.: ':~:~.:l. ',)j~..I';:J: ' .. '- l:.I.,\+.i~;~. .:oJ....,,-) "I' ",.~I . . ;~. . -", .. . .. '.1,:,',' ~ '.' ,. ~,~. ~;'.:'~i.":.~k4;;I~;.........'~;;:~',\ ';"~~'o/);'~f_; -:r::"i.,.;.j.~l:.o~':";"":~t~"'l~:t-.,l' ,.~. .'" '-'--I';I-:-r;-~""""; . .. ..r:\l"~'..."M."~"'''.''".t-':!t...t:".\\..".,:~J!",~~",!pl(1'',....-.Jo('l!'.''_v..:..(.'"",,.~ ~E;J~' . I,: . ~'~::..: ~';~.' ;.,;~.~.~, .:~ "'!~~~' ~~.~~.f":;~':~~~~.::.i.II~~'r~~;;~n~1t:~::....~~.~~tt:r~~,*~~~$i:::0;:,~~,it;.'J,; ~~. '~';:'..J:"..' ... ;:.~. ~,:"'-:'-~;'f:;l'., :EASEMENT IOR' U~gRESS AND "teRES. ~':~~\l~~~S:€f~f':I:-i.:~~;y.:ti-~W~(''=t~~:'/ ;.<):....... .~..:..,.." .C'" ,.... . ;,,,',:,., "..,......<..,.,..:,-,.."l:~,.~~;t'l\l~.;i\~;;a.'tr'.,f~~:.,..;.:;:.:.'" ~...j..;:."?1~~~~~':~;:"~~.'.I~~:u.~~~'tt:."'.,..1,~~'~ISED):.i.t..~~..?1r~.~l ..~ ..;..~~~:"1:'t~"W5~~~io~'l"~,'L~lqf.-:~i;~...' ,....i:-:.. . ....';.."li..~,.,~,...... "';t,.:~~.,l"",~~"~""""" ..,~j:j. :l-:-il, ~1f4',":."i._'-...r.'t'...,...... :1.''P"....:(..''it..:.,.i.~....... '~r.~ ...e_M fOt",..J.DgU.~ la~ul" t:,I~III.:~!er.~n4, ,....~~!la. .::p,1 t.:&r.::.t~..::s~,,,,~,!-'e&.c. h.~""'2-:ii~.!"':~~"::';:~".z' ~.,' ~~t""'qu.rtn'-o~ ~~.~t:Ul!,' 36..~~o>>;ra~~,:lp 4~ "OU~hJ.~,'Ra,~Be~2S'~IIi.~'t'Col1ier.CtJ~~. '.~F1ol",icl.. :;:~~."';'~.t:l~-' ~ :.~'b.1!Ic.t.cIrl' pauic;ulal'l)' 4tElcr,tbi6 ~~~fo,"llov81 ~t.if:k1:""~UW~t..Jl;l'\~"- ';~it..'i>;.-':';~Jr:t,!jt--.:\..,. ~fti';"?"':J~;...:.~:~,~;f_.~:~~-::"~~1'(.4'~~~~~~~~'fi~~~~~~r. ..~~~~~~~~~~~~~~'f~:,~~....., ;.. "~""';: eo.....dQI ;}~,~ ..~,~e.~_t".h,~~',:.'?t~~~~.!-t~~ ~3~t..:.:t~!"'~~~Jr ;-'!lrs.o~t..ti.:.!,!Q.I~-:;~ ":..~1:~':l,,:',*1 : ~~.t. .Col~1..t C,au?t,... ~P!;~~.~,..th~~~,.:.;uopc. thlJ; ElI;8t~Ye~t\.q~r~v:T..~q-_t:lo~.~1~.'l-.~'t.~"'t:y..\.~'!'f:t j.,~a s,: :21,~\..q.'.Z':~~1I ~?.Q~~~ !~~t.fl~t~,n~~";I')P~'!~?~~~:H~"628'~~~'!lr.ttt::tO~:J;bj?;PO~~'lF.1:Qt~le~~~", ~:'.:J. -:.. ~!.r;pmlllo G.". ~~.. .~~~.n8'~..r~.~e.~~r~~~:'.5~"~n~~: !;~~t~~,,@i;"R.7!t~':i.C . J~~~~,~~9i~.:t:~ :,~j..,~.!et. ~~.o ,tt~. .HGrtfl:'~~'bt-:O~":~(Ir.~+.t.~".tO~;~.~~~~~I:cY.8.~~...:...:..G;~ ~ji".tbO ~ lI~or~~cI~r.:t.~-::.... :. ..~Plat. ,of, Cc.l~1u .;Cwn.r,~ ~.roduc~:tcm:;Pprk;,phaall":llp..":lI1 r.dO~d.d'~':lq~b~.JlDpk'!-J.3.:~':!P.Be..~.1~..5:' ~~ . ,il~ 5S. .n~ 'S6, pllliuc' .ec!Qrdi:'ot~:cOl1i';:'~nt)' ~.'~'rip~1d&r tli.iic.~l~,*-~\)Jor,{tiult':l&ht:':~ '$;~t r.:~ 1 :-',. ";,~b'f-v"'7 'u.tl.',:~t::h'1.11 ~cpae~c.la.i !;'i9u~.~~f!I~\l;f- ~'?~~ ~~:.)2lf;.~ ~~~~AA;ff,l;i~.:tl}i:~l:th,~'.J~~,^,~~2:' '::: .,;~.."~n C~f1Ir.l' of" .~;'d CQ1U.aI:'CoUDt:y~~,:todu!lt10D .1,.tk.J'h..~. .'1~;, .tb.cD~;fi.."S.~i'iB.~r~4~~ '~;rr?:.~T';'.1 :'~'" ..:.~.669 .48.!eu; .thtlnc:. N(po*' 05.....,08.. I_.-tlo.oo l..d .~miiic.e'~.~:. BSI~S'h;l\"11i'7~Sl:S8 fII,r ~:...:.;'~_i; , :.\.1:0 thl! POlK! O'.'BtcINNtNa::"f:~.ff.i;..y~.~".,I;'.'?-~"'~~:"~""':J''''~'~'''~~~r.i.:'~~~~'~ ,~:;,~t.V~,~~/~~!iJ.ii?::;:;;. . .i';;~:~'';:'r ..;.;'~~~:~~:"~j~:;~~:;:"':',:::;~':~i'~~.~""f..;l~~!tl:~~~~.;f~~:_;~I~~\~:~lj.k~',:.:;.lJIf~.~ . :~'l~:U. ~...., :-;~. .." " A p.T~al of 1aD~ 1,;;& in ~~ S~u~h.&;; ~~.~t~~ ot &.ct!Ob 36, Town.hip 49'Sou~b. Rani_ 25 Ent. Collier CD~ty. .1orU..... bd.as ItOn p--arttcu,l.arly d..crLbt"'... fdlo".i Co...ocins..t the ~.t i curn.r at Gee~~D Tovoahlp 49 Soutb. 2ange 25 ~.t. Col1:t..li Cowtl'. 1'1oJ:.i.cla; z:t!ebce alo qwtl'tar ...Ctl(J1I l1na" S 89" 2.1" 02"1 " 620.47 hn; tb.pce Ii 00. th.D~" S 8!i14 18' ~" W 352,16 t..t to tha rOlWl 0' rlb.4 paxc&l; 'tb.DC..~QO;tDue S 89. IB' 34M V 121.4~ f..~. 28" E 29. B f..ti the~ . 89 1. 4711 E 127... t..t; tb.hee ~. t.., 0 hs pOIn Of ).tGUIltIl:lG. Said pare.l conta1Q. ~.g, . SUaJtcT TO . roa4 ......n~ ALSO.. SUBJECt TO ......Qt.. IiI.! ~! ! " , ~ ~~ ! ~~.Ill~' i t '~ ~-s ~l' 36. Florida, Commencing at a concrete monument ~Qrkin9 the northwest corner of Let: 12 or "CoLlier Count.y producti.on Pa.r.k, Pha.. l-~~, a subdivision as recorded in P~at Book 13, pag.. 55 and S6 lof the public Records of Collier County, !"lor1.da, run NOC.10'28"t: a.long ~he eAst line of COIM'lercial Bouleva.:d ext8ndsd a distance of .S2.23 feet t.o the Point of Boq1nning, thence 989-1&134-W 3Q.00 feBtl" thence NOO.IO'2B"'B 943.90 fellt, thence NB9\118134"S 618.75 fliJet to the eaaot line 4;:lf .. tne northea$t qua.rter of SAid Section 36, thence SOO.03f06"E' alonCj liai.d east line 437.94 fQAt: to a caJ'l.CreeB I\Cnument., ~ '. ma.:king eh. CAst quarter corner at said Sect.ion 36 J thenoe SOO.U.142f1W aloJ'l.IjI' t.h. eaut li.ne of t.h. southe.at:. qU4rt.OE' of said Section 36, a d!Bt~nce o~ 505.95 feet, thance' SS9-lBI3C1W Sa'.71 feet to the point of Beqinninq. The above describ&D An areA of llpp~oxima.tely 13.43 acres of land. If,BN :rJ\utn co. C1'l'\2.I!I'IiANP!oUTl ~:~"9W ,""- ;"" 001278 OR BOOK 00121 I PAGE GRAN10R COY~n4nts and warrZlnts that the prO(lerty h froe Qf <ill ancumbra~~e5 made ~~ Grantor, Qxcept that this deed is subject to the .~ollowing; 1. Conditions, restrictions, limitations and ea5~~ntt of retard. if any. but this provisiDn shall not operate to reMi~pD~e the ~ame. 2. Zoning and other ~pvernmental regulations affecting the us. and OC'~pa"cy of the real property. 3. TAxes end ~sseSI~nts for current and subsequent years. 4. ~tBn of every trust deed~o~ mortg~ge (1f any tnere bo) of record tn ~.id county given to secure' the payment Dfmoney, ~nd re~ining unreleased ot the date of the delivery thereof. IN WITNESS WHEREOF, ,aid party of the fir,t port ha' cau,ed It, corpo~ate ~eal to be nQreta affixed and h~s ~auses its name to be signed to these presents b~ its duly authoriled officer. the d&y and year first above written. Signed, se~lecV,and de11verad in the presence of: '~ - IX. ,'-; l:::t LI..(. ;I- I , '--""/ /./J,t,,,. C 1TI ZEKS AIIO SOUTHERN TRU~ COtII'AllLI FLQR I DA) NatiOflal Association, formerly ,"F:h."Nat1on"1 Trust COll1umy. Naples, florida, ,ai,,~rultee , under land Trust No. ~,~l:II' ' BY;=C..,,~;,' C;" (:"~~r...'-'-"" JOKATHAN G. GRANGER! Vice President (SEAL) STATE OF Fl.ORlOA l COUNTY.oF COLLIER . I HEREBV CERTIFY ttka Icknowl.og;.ntl p fflter duly qualified to . GRANGER Vice President n the pre,ente of two subscriblnv witn.'s.s fra.ly and vo rll~ under authority ve,ted !n --!UlL. by ,aid corporation and th.~ the ,eal afflx~ thereto Is the true corporate . , 5oe&l af u1d ,corporation. WITNESS ~ hend and 'off1clal ..al In the County .nd State la't aforesaid this --lll!!.. day of ,lun~ . ,19 87 , g i P ~!I i~1 ~ ..' f'(Yb h Cl.A~ .:.., -"" NOTARV PU~ C . ~ worm _Ie UAn tII fl(lJ\1t),! . ",oaISSlOlm, <<l12'l;tlll BoCl[(1 r~.~ '''rUM 'lb, \lIlO. THIS'IHSTRlllENT PREPARED BY: CITIZEHS AND SOUTHERN TRUST COMPANY (FLORIDA). Kation.l Association Po O. Box 1857 . K.pl.s. Florida jl~3~ \ ',\ , IIn~M ~rr1 V..111'" It,u"~,~, "r.~,,).Of... r.v"'-l""looou.,h,l~j)Ilr ~'Vl~'~,;:b':::1.~:,~::',:},\' :. _...:', J.: "''-' Agenda Ilem No. 8.'1. january 15, 2008 Page 58 of 153 "'-l'_;il~ (i) Agenda Item No. SA january 15, 2008 2800 NORTH HORSESHOE DRI~ge 59 of 153 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PUDZ-2006-AR-I0376 PROJECT #2006020051 DATE; 8/28/06 KAY DESELEM COLLIER COUNTY GOVERNMENT 'DEPT.. OF ZONING & LAND DEVELOPMENT REVIEW - WWW.COLLIERGOV.NI[! r- PRE-APPLICATION MEETING NOTES .0. PUD Rezone 0 PUDlo PUD Rezone [j PUD Amendment _11 Date: 1- g -Ob .._ Time: 8':30 Firm: NlId\Oe.\ FdMvvlp...:-PLQnJl:t~)Q.\DfrnwJ TI\C.- Pr~~LName: _1'1 C l\l ~l~ ~m\'M(' wJ ?Q\,cl_~_~____.. ~ - ---~-- Applicant Name: R,o.d. ~D M,~; \1\+ \f Q l'1td((I~~,,~_ Phone:_J,103- [Q,93 t+ Owner Name: .$Q.fY]g.-__ Phone:_,,~,.~ ._-,_.,-~_.~ Owner Add'es",...., _.,~~_CitY..,__.... ,State_... ZIP Existing PUD Name and Number tJ I A.._.._~__._..,,_____.._ Assigned Planner_~l4- base~ Meetii1gAtl',,"cle~~: (ClttClch 51gt) In Sheet) w/fVl l\~*\~~\ofiJ t~~w..('C.\(J Submillal Requirements (r.f.r to application fo' additional requirements} o.Q..(Usum Vli \AiX' ~ OS \'u 24 Copies of the following: 0.\\ Q.DMV'NIi-Clol pI ,t$J~lI\f i 1 additional sel if located in the Bayshore/Gatewoy Triangie Redevelopment Area) (~CJ..Q..ut1a.J1 Completed Application (o.<>l.Ul'\lectc\ c.u.r(~()r forM! Y\\XI{- Pre-application Meeting Notes ~ Conceptual Stte Plan 24X 36" and One 8 V, X 11" copy IZJ PUD document and Master Plan plus one 24" x 36" copy of the Master Plan " 2 Copies of the following: G\~5 W,\\ k.. -t\&\1.L, g] Deeds/Legals & Survey (tf boundary of original PUD is amended) \...' ttm i ~~\C-l\8t !8;1 List Identifying Owner & all porlies of corporation \ V\~~ ~ Owner/Agent Affidovit signed & notartzed -\(1 . [gJ Covenont of Unified Control lZ! Completed Addressing Checklist 4 Copies of the following' r 0e, ~ I ~ ~ u.iJ20 ~ ; n ~OO c..f ~ 0 Environmentollmpact Statement (EtS) or waiver~ rov [ZJ Historical Surveyor waiver request t> ~ . 00 Utility Provisions Statement w/sketches "DeuC(oSb<t, Wi ~":lt-Ie.. $ ~~'( WI Dvt\(, lSl~-JA:iA~rchitectural rendering of proposed structures J ~ Architectural Review required lZl Survey, signed & sealed '--:Pia:> V 10E E:'cr~ =f!t ~ E]>6El-'J=.f.J\S C-l-e1>..e.Ly U::-BEl...ED A!,"tt:> V$S - 'f'o~ ~\l\1>. R,",VI"W~. .'1-,. A L06-Y )g Seven C}) Traffic Impact Stotement (TIS) or waiver tI u f 'i-o C-o ,I ucll f1 t " i! fiNO lIeee >> gj Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' K1 IZl One (1) Electronic copy of all documents in Word format and plans {CDRom or Diskette)WI~ 0'( ({'i.v.lom,'t\'o"/ One (1) Letter of no obiection from the United States Postal Service. Contact Robert M, Skebe at (239) 435-2122, to tnv\r~ VJI ~ , I!.a.ch sl<bm\1trJ ill Sur\J4j ,Fees: Application Fee, l8:l $1 0,000 (PUe Rezone) + $25 per acre (or fraction thereof) o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) 0$6,000 (pUD Amendment) + $25 per acre (or fraction thereof) .Agenda Item I~o. SA January 15, 2008 Page 60 of 153 i $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre-applicatian fee (Applications submitted 9 months or more alter the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required, 181 $729.00 legal Advertising Fee for eepe meeting (to be reconciled upon receipt of Invoice from Naples Dally New,). j $363.00 Legai Advertising Fee for Bee meeting $2500.00 Environmental Impact Statement review fee .. Property Owner ~Iotiflcation fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certifieel return receipt mail (to be paid affer receipt of invoice from Dept. of Zonirlg & Development Review) Fee Tolal t___, r-'~--' ,L~ <.,...-. ~~~etin9 Note~~ ...._~__ ~.__.'_ n~ ~-- ~I :W-r\ \\=C.'T N(i'\iN\r;=' \~F'MS") p,~~":c)\')~,~D\.')\W"::>\N~'\'\C=fl:>\~I..)VV\if":,~ '\v U ~ i.J6-! l.B U)C t7, oS..... 09 ~i--'<- -=s;~P0j2Q h~~D-j t()~ ~jt~ io eJwd2l'/:d: ~itR r f)Uf) dt5affi1{~- t * I~ tl~~ /1= ~JNk- m.JJPiridU ~Qs;' ~11bJ/Lf:~.. l?a" ~ J ~J~,MD;)~. / 1'12c1\J\c:>'I< t-lm\OQ.\.rA-,-,ow FoIL "':?\..a.GS ~I-\.U~ \\.\E.. .o.wy 1'00 \l"P:. --'i4l.c;;>~ \..:/11..\ EA.~I=l-ST'; Ei2l 1::rlClJ..IV\BJ\ \D ....1.J1-\\~ lllC. RPn \10t:l6./-lr y_ G:\CUfrent\Pre~App forms\PUD pre~app.doc Revised October 11, 2005 ~ ~ cry 0- N I cry ~ N I Q2 0- M w N " Z .... Z .. :E <( <II <( .... .a z ~ Q., E , ':S " 0 ~ " ~ '"" W Z -i Z <II ~ 0 c: Vi 0 VI .c: <( Q., <{ '" CD co ~ '0 co co 2 <l! Q) '" co ";2 (L G:i ::.:r: < bJj ~~ <U. ~ I~~ !I ::l == -l~~ ~Z ~'-' .-.I.'~ ~r.J':l b l-< ~ ~ z 1= ,Jl ~ Q~ ~~ , ~ cia ~ (l) '~ a:: - c: (l) E a. o a; > <II o "tl c: tI .... ~ tIl c: 'c o N ... o - <II c: > o ~- l:l ,"..~iii al "tl .. <( '0 E :?f Q) w 1i III CLl Q - c: <II E t: tI Q. Ql o -- i ~ '" :J; -.... ~ 'J IX i;j a (~ a <( -' <( :E . .... '-:i - " l- ll. .... a -- z o in ~ a >- I- Z ::l o V c{ l I ~ , '..{) \ , .\r<- \'()"rot;t:: ~::, ri N ~I :::r- -hi ,- I -t f2 , I! ~ I . e I '... ~ '", '"' q -::, ~ I" .~ " o ?; <::! '" ,; ~ N o i?5 05 -g In .;; ~ '\ Q C'\ u o 'q 6 <6 N 2> ~ 1ii " .c In .~ C OJ .;;; '0 " '" .;; ~ '" 0. 0. ~ <;, Ii.: -_.. ...... .......... Vi .UVp L.oUIIIE!r LO. HUUh:t:.bblNu ~.q.l . \tj -:J.n~.q. Agenda ItemFf\ro~ SA :;03PM; Pl'lIi'l"a[Y 15, 2008 [15. ()~ Page 62 of 153 ()5,()IO'-f~(Q)[P)\ SENT.BY; PLANNING DEVELOPMENT; 12392636991; JAN.!! . ADDRESSING CHECKLIST Please complete the following lIJld submit for review to the Addressing Section 6t 2800 Nonh Horseshoe Drive or tax 10 (239) 659-5724, Not all items Win alJIllv 10 every oroiecl, Items in bold Ine W'C rcauired. Completed addres9ing checldistls required at the Pre-Application meeting, I. Leg-I de.eriplion of subject property or properties (copy vJlenglhy rle..tTipllu" may be oitached) Seclion 36 Tnwr>.h;p 49. Ran!!e 25 - CollierCountv Production Perk p....... 3-A relICt A BOd Ph.... I-R /.01 27 2. Fell/o (Propo;rfy 10) Ilumber(s) of above (allach to, Dr assocla'e with, legal descriptioll if more than one) 27165000258 and 27155001500 3. Slreet address or addre.sses (at applicable, if Q/reody ass;fJ1Ud) Northwest comer of Radio Road and Livinf!ston Road 14787 Radio Road and 4874 Marlc.et A venu" Access limited to ~adio and Livinllston Roads 4. lAIeatiGn ...p, showine el'lICt location ofprojocllsitc in relstionto nearest puhlie mad right-of-way (allach) 5, Copy of survey (NEEDED ONLY FOR UNPtA TTED PROPERTIES) 6. Proposed project name (if app/lalble) McAlnine Part. - Commerclr!! Center ,. Proposed'StrecI names (jf applicable) NOllUlDlieable 8. SUe Development Pion Number (FOR EXISTING I'ROJECTSfSITlOS ONLY) SOP 9. PetitiOIl'!Ype - (Complete n separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (Plans & Plat Review) o SDrA (SOP Amendment) ~ PSI' (Preliminary Subdivision Plat) o SOPI (SOP Insul>slantial Change) FP (Finall'lat) o SIP (Site Improvement rlllll) LLA (Lot Line Adjustment) o SIPI (SIPI InsubSl4lltiaJ Change) BL (Blasting rennit) o SNR (Street Name Cbange) 0 ROW (Right-of.Way Permit) o VcgetlltionfExotic (Veg. Removal Permits) 0 EXP (Excavation Permit) ~ Land Use PctitiOll (VarillllOCl, Conditionlll Use, B VRSFP (Veg, Removal & Site Fill Permit) Boat Dock EXl., Rezone. PUP rC1.ane, ete.) mR (Transfer ofDevelopmenl Rights) t8J Olher - Describe: GMP.FLUE-o.ositv Ratinl! SVSlmn B. Urban Commercial CIsmel- Section 10. Uvin2ston !R.8dio Rd. Commercial Infill District. 5.CJ.t/- narccllO be dcvcloDCd with un to 50.000 SQ. ft, comm=ial and mav or roev not include residcntieJ withln 8 mixed use with un 10 16 units/""Il:. 10. Project or development names proposed for, or Illrelldy appearing in, C<1ndominium documenls (if applicable; indicate whlllhcr proposed or eristing) 11. Please Cbeclt One: t8l Checklist is 10 be Faxed Rac1c 0 Per.;(>nally Pie1ced Up 12. Appllc.,,' N_e Michael R, Fem.l\J'ldcz / I'D! Phone 239-263-6934 F... 239-263-6981 13. Signaroreon Addre~ng Cheeldist does not conmtute Projecl and/or Street Name approval and is subject 10 furtber review by the Addressing Section. FOR STAFF USE ONLY Primary Numberc"'Z. n <i5 Address Nwnbcr c., z n g Address Number (~ Zll-. -;'. Addre~ Number Approved by ,lln..~ /J1.);(.'2ro--. Date DI- !? - 0{.. \Ajut hui 't>LS~Le-.y1'\ ftJo '6~ 3; 3D - q : ~O Details l\gend&l~11'ltf ~l\ january 15, 2008 Page 63 of 153 Folio No.11 27165000258 Mimll - Current Ownership Property Addrea.\14787 RADIO RD 1..'- Legalll COLLIER COUNTY PRODUCTION!'K _. \...!'Ii 3.A TRA CT A_. I ,,' I --1 Zlpl~' 6407 I I 1 Strap No. I 228700 A 14A36 '1 [Owne, Namell RADIO ROAD JOINT VENTURE 1 AddreaaeaU1100 5TH AVE S STE 201 I Cltyll NAPLES IL Statellf.L, IL_, L Section 1- 36 II Township iL- 49 Range 25 IL ~L Acres 4.22 It r Map No. ..--JI 4A38 II Il= Jf QUb No~L 226700" -II COL..~.UER COUNTY PRODUCTION PARK PHASE 3,Al[3t,!(Ill!allo,ArllaJI L.:fl\lSO_c.9d~, Il~~' J~(;ANT INDUSTRIAL ",..~I" 274 II "l'l Millog~.=J 13.5704"-:=J 2005 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Valua II $ 1,424,250.00 I L Date ~c:: Book.. Page ._:=JI-;;:;;;;;;;~I lJ!LImproved Vallla Ie. ~ I ('1 Markat Value ',i' $,1.<424,250:00] f(.) SOH Exempt Value 11_ $ 0.00 I I 1=1 Asses.ed Valuo .. II. $ 1,424,250.00 I m Homestead ~~d other Exe;;'pt Value II" .. $ 0.00 I L t=1 Taxable Value ir=='$ 1,424,250.00 l SOH = ~Save Our Homes" exempt value due to cap on assessment Increases. ~ The InformaUon is Updated Weekly. http://v.'Vo.'W.collierappraiser .com/RecordDeta i Lasp?F 0 lioID=000002 716 5000258 2/7/2006 Details Agend?~INlf ~A january 15, 2008 Page 64 of 153 Folio N~127155001500 iYl.P II ~ Current Ownership Property Addressl14674 MARKET AVE I. Ljl COLLIER COUNTY PRODUCTION PARK". ,._~_ _ ~SE 1-B LOT 27,____,~... I ~ ,__ "'I -_____-==:1 I Section II Township 11__ Renge --------.J! Acres Ii Map No. iL. Strap No. ..J c: 36 II 49 11" 'ZS-" II 0.66 '"II 4A3il' 11228100274A36 J ~Ub NO.le 22810D 11 COL.LlER CNTY PR.~E PRK 1B.'----l[:'t) Milll1~-.-J1 -'\1 Miullil"- J. DjJH~Odjl 1I---.o,=:::J~CANT INDUST~IAL__:_ Il~,~.:=J~~5704 _ L Owner Nemell RAOIO ROAD JOINT VENTURE L-.-- Addres.e.lj110D 5TH AV~ 5 STE 201 L City I NAPLES II Statell FL .-EEl134102 - 640! 2005 Final Tax Roll latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value 11- $ 340,000.00 II Oate L_ Soo_k - Pag;---JI--A;;;;;~nt':::::J li'1.lmproved Value ' ll_,__~~ no) Market Value. :=11. $ 340,OOO:DOj ~,H Exempt Value .--JC . $ 0.00 I I I=l Asse.sed Value L $ 340,000.00 I r~) Home,tead' and otbar Exempt Valuell ' '$O:Ool I (=) Taxable Value iC:=- $ 340,~ SOH'" "Save Our Homes" exempt value due to C.ap on assessment increases. ~ ' .. Th.e Information Is Upda\ed Weekly. bttp:/lwww.collierappraiser.com/RecOl.dDetail. asp?Folio ID=000002715500 1500 21712006 <1:ro'" roO'" ".'~."'- '0 ~'" .:: ",- (0 ,1) >. CD ===mOJ ('J=::m ::J:::o.. cro (1;)-:> en <1: ~I[~O .---..._1 Co o~o~ "OIS'PtlV.I~ '1 , , 'Jt " . "I. . j~ ,:oDiGj ~r'{7~2tR' ~~~ TT ,.' ' , :J [..:.~l ".' '. . " ,:,,, ~;,~~,LL '-t11,JJr[ {WilT -Ii' ~ , r-fnl.l I ..--L-J1U r~'~'1 L i -4r- --1" '"1 il~ -- 't ---J'- .,,-[,I'I'I.rT~ MI! . --.. I~I ,!i I' I '~_~_ -:.~ ~,- ~, III 1---1 l--';~ t : ,',' I . _ I I ~~ I~ '.. I. J I ~ 1-.. I" . t.' j.. '.'c~"~"", , -[-~ r~ ',,--i. nr: .t~j 1_1 r -=-Ei'C I ,lie ~jilf~!l,,4,~r 'Ii --I C rl~T--lrc ~ · i '..L,!'"' 4jl iL 11" " "~ I Q~" '! 0. ~ ~e f 'I . ~ ~ :1 ! II .~ .....~~l 3:tj 8~ ..~~~L} r-' [--L- ~i!', - ~o '. \' " x --.L LLl , I..... !~ xlI' 11 '. n . h I . !I " .~>. ,- I .:."").~,_.- ~' $.mn ~~o n1.J.N. '#' "'/' If -."ll:l..:.2fOlll$d1l1't " ss,s~ L-- ~lllg ~';ffi::; ~ ~~ 'Ii':~ ~ ~~:ri 01' '" !t _1--' C> '" z rn t ! ~ ~j :. 5 .~ ~ i f! ll,;I~ g ,', ~ ~ ~ ~[ 8 ~ ~ I' 8 .... ~I r '" :,0 ~' 'I '" C ., 11:" I !:o! ~ ","" ~ ~'~ j ,. ::.: ~ ~ ~ n ~,~~~L~ ~ ~ ~b ~=='~ , ;: ~ , .. , , i , , , , i ! , , , ~ ! ~ , , " , ! , , , ! , i ij ; . , , ~ 1 :~ r. r j , u I , , < ~ ,/ "-d"-'J) ",-"., ",-ro..",.",-:o-,-, "'-'-'_, I ....,... ';;:~-7:' :;'_-~;:::- L ....nf-'.-,...-,.-. ?'.... ,_.c_-"", "-,, lI'_.."...._.......,. ......<....-.'ll'o"..,.oo 0'." ,:~.:."t'_.:: ~~:~_-.., ' '"-'o-<>d,,.('{_, ,---"'=- I t~ ., , w z ~ " ~ 0 ^ z oc ~ < 0 c m z w ~ 0 ! ~ m " z ~ w I z " ~ 0 ~ :; '" " r 0 1; ~ " z ~ ~ "' I} . ~ ~ ~ iL'i ,,~~!~,,~~~:: ~ " ~ < < <' > U U U ;; ~~i~i**;;~ 0 0 " ~ " " ^ , I . ~~~Il~fl~~ll , - ~~ I , 1 J~ - i i i g~ I eJ 4 ~ t€~ *,iii;; :tj/: ~n;~ ih~~P,ig~: Im~!M!! i ~',"'.n"~"~S! " , G H P Q~ep-r i\genda Item No. SA january 15, 2008 Page 66 of 153 (XII) 8. Commercial Mixed Use Subdistrict The purpose of this Subdistrict is to encourage the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residentiai uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use projects are Intended to be developed at a human- scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential. Within one year of the effective date of this Subdistrict, the Land Development Code shali be amended, as necessary, to implement developing pursuant to the regulation governing this Subdistrict. Projects utilizing this Subdistrict shall comply with the following standards and criteria: 1.This Subdistrict is applicable to the C-1 through C.3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-1 through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoning district on the subject property. 3. Residential density is calculated based upon the gross commercial project acreage. For property in the Urban Residential "'ringe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban Residential Fringe Subdistrict but \\Iitllln the Coastal High Hazard Area, density shall be limited to four dwelling units per acre. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard llrea, density shall be limited to sixteen dwelling units per acre. 4.ln the case of residential uses located within a buiiding attached to a commercial building or in the case of a freestanding residential building, building square feet and acreage devoted to residential uses shall not exceed seventy percent (70%) of the gross building square footage and acreage of the project. 5. Street, pedestrian pathway and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. (XIII) 9, LivinQston Road/Veterans Memorial Boulevard Commerciallnfill Subdistict This Subdistrict consists of + 2.25 acres and Is located at the southeast corner of the intersection of Livingston Road and Li\lingston Road/East - West to be known as Veterans' Memorial Boulevard. The Subdistrict allows those office uses, medical uses and financial institutions permitted by right and by conditional use within the C-1 Zoning District of the Collier County Land Development Code, as of the effective date of adoption of this Subdistrict. (Adopted October 26,2004 by Ordinance No. 2004-71) This Subdistrict is designed to serve the surrounding residential uses within a convenient travel distance to the subject property. It is further designed to be compatible with the neighboring residential uses through the development standards provided herein, along with other planning considerations. The maximum development intensity allowed is 50,000 square feet of building area with a maximum height of 3 stories, not to exceed 35 feet Access to the property within the Subdistrict shall only be permitted from Veterans Memorial Boulevard. There shall be no access permitted directly to or from Livingston Road. (XIII)10. LivinQston/Radio Road Commerclallnfill Subdistrict /tThiS Subdistrict consisls_ + 5.0 acres located at the northwest corner of the intersection < _' --- of Livingston Road and Radio Road. , Agenda Item No. SA january 15, 2008 Page 67 of 153 ,. This Subdistrict allows for those permitted and conditional uses set forth in Commercial Intermediate Zoning District (C-3) of the Collier County Land Development Code, Ordinance 91-102, in effect as of the effective date of adoption of this Subdistrict. (Adopted October 26, 2004 by Ordinance No. 2004-71) However, the following conditional uses shall not be permitted: 1. Amusements and recreation services (Groups 7911,7922 community theaters only, 7933,7993,7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code. 3. Social Services (8322-8399) 4. Soup kitchens, as defined by the Land Development Code. To encourage mixed use projects, this Subdistrict also permits residential development when iocated in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre; the gross acreage of the project is used in calculating residential density. The purpose of this Subdistrict is to provide services, including retail uses, to surrounding residential areas within a convenient travel distance to the subject property. These uses are not an entitlement, nor is the maximum density for residential uses in a mixed-use building. Such uses, and residential density, will be further evaluated at the time of rezoning approval to insure appropriateness in reiation to surrounding properties. The maximum development intensity aliowed is 50,000 square feet of building area for commercial uses with a maximum height of three (3) stories, not to exceed 35 feet However, for mixed use buildings - those containing residential uses over commercial uses - the maximum height is four (4) stories, not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road, Market Avenue and Livingston Road. Any access to Livingston Road shall be iimited to the northern one- third of the project's Livingston Road frontage and shall be limited to right-in, right-out access. Further, access si1all be consistent with the Collier County Access Management Policy in effect at the time of either rezoning or SOP application, whichever policy is the more restrictive. (XIV) 11. Vanderbilt Beach Road NeiQhborhood Commercial Subdistrict The purpose' of this Subdistrict is to provide primarily for neighborhood commercial development at a scale not typically found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerging residential development in close proximity to this Subdistrict, and to provide employment opportunities for residents in the surrounding area. Allowable uses shall be a variety of commercial uses as more particularly described below, and mixed use (commercial and residential). Prohibited uses shall be gas stations and convenience stores with gas pumps, and certain types of fast food restaurants. This Subdistrict consists of two parcels comprising approximately 17 acres, located on the north side of Vanderbilt Beach Road and east of Livingston Road, as shown on the Subdistrict Map. For mixed-use development, residential density shall be limited to sixteen dwelling units per acre. Residential density shall be calculated based upon the gross acreage of the Subdistrict parcei on ., ~ .... -l ~ ~ j:1!xJ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 'I " " 'I . '" --'=:~.::-.::-::;:",==--~ " ~ -p-"A"P' '~~=~]Fc1~~'~~~'~::::" Agenda Item No. SA January 15, 2008 Page 68 of 153 ~ ~; ~~h .~~ ~~ ~~\tn ~I~ ~ ~ ~i ~~~l1\ ~~h ~ ~ < -k' ~ tv ~~\ ~ ~o::. . ~~ ~~ .... :-.. \ ~ ! ~ ~ I~ ~'1l~ ~ ~ ~ ~ ~ ~ ~~~ .......~ : III! I It I II I I,........ II I III I.., I[ I III I n( I,' I III I ~ I ! III I I,' ! III I ",. I,' Iii : I '-4 III llltl" l..u ',' 11111.... I, ' 1111.... l' J ~ll ~ 10 d illll~ : ,:: i I!! I ,L-----~llr -Ji --- 1- q++--------. ~ 1 I I II --------- ..., 1[ I 1 I I I II -------- : : i : i - -----------~-H--7f-----ll!1 - -'-'--.--- I I I ---) 1 I r _~ ! i -(~-::t.~====:=:=:=~::~11:::::=- I :f~----~--n", " , ~ :: I A ' l= 'Z , __:.'" W. lr-~ (!i ~.I~ ' " ," : - : ~ 'ii ' " I" ~ I .. :: 'I: ' 'I ,'s ' " " ,- ' "......... "- ' , , ....' "." : :'"'" 'I-.j , 'I ". , :. ' ".... '" I :' . Ii I I: 1'1 " : ':'0 :1 : :' :1 ' 'I '" ' " '" ' " " ' " " I II II ' : I " I 'I II ' " '" ' " '" ' " " I :: I: ,~. , , , " ... I : , " ' "t " "'" ': ,[I w. I 11 III . " " ,,~ , I, " '"' I , , :: v, 'I' " I I ~ 'i '-l , I , I, 't I[ II! ' " " ' J I! II ' " " ' I, " ' " " : I, 'I : ~ l li1l\li: '!'" ,[ II ' V'V" , , " i ':l.~. if~ il ii ' 'il''fo " , I " I - I: ,:1 : I: ':: I " " I I: ii ' " " I 11 " ' ': ,II i :' 'f: ' , I : // : ---+.,..\---__ - I ~_n_ , , , u, , , , , ~ Agenda Item No. 8A January 15, 2008 Page 69 of 153 /-Pese\emKay -3ubJect: Location: Pre-app PUD - Michael Fernandez, Agent Kay Deselem, Planner Conference Room "C" Star!: End: Show Time As: Wed 2/8/2006 830 AM Wed 2/8/2006 9:30 AM Tentative Recurrence: (none) Required Attendees: Not yet responded CDS-C', DeselemKay; HillWes; wileLr; CasalanguidaNick; scott_d; mulier_r; weeks_d; bedtelyonJ; AblerKenneth; ScamehornKelth; DeltoroZamira; jarrell_p; SawyerMichael; BrowllAraqueSummer; seal_s Meeting Status: Pre-app PUD rezone - Michael R. Fernandez, AICP, 263-6934, representing Radio Road Joint Venture, Foiio Number 2716500258 and 27155001500, -GMP-FLUE-Density Rating System B. Urban Commercial District- Section 10. Livingston/Radio Road Oommerclallnflll Subdistrict. 5,0+/ parcel to be deveioped with up to 50,000 sq. ft. commercial and mayor may not include residential within a mixed use with up to 16 units/acre. The property Is located at the NW comer of Radio Road and Livingston/4787 Radio Road and 4874 Market Avenue. The property is zOlled "I" Industrial. -. 1 ~~~ '" t..( 0..- ? ,:)6 ,N '- ..;;2: ,0 ) .'" c-L()O - Il)t:-r-- r-- bIin; >. Ql 10 (l Ctt::::ro Gl ~m:J (\, ~ ";; v co... e ('Q "- ,J3~ ~ <>:: .::J) I " -:'t !1 u ~ '" " VJ ~ ill ~ a ~ ~ ! 5 ~ ~ N n ~ f ~ ~ ~ ~ * -l u. Jl., . J " "- J j J I ~ ~ c " ~ .~ ~ ~ " .~ 0 c cRJ DO Oil ~ rn a ~ g '> ~ c' '" g 0 c, rn 0 EO 6'-- 2 v " E 0 '" C TI d} 0 4 > o. --, 0 r::l :J "' m 0 Cl. " ~ ~ ~ -. ill 0 .~ u ~ n 00 L. l'3:Z> ,0 ~ c;;i!! 0' o 11 "'" .l-J E , ro C .2 c: ill :5 .S , E""~ > '6'- ,.., - 0 ,0 2 . 0' om 0 ,j..J 0 '3 E~ .. TI~ 2:1 u ~.s;- "E ~ 1\ ro E~ 2 0 8J'l w. cc. a:: "TI Wlll K ,\!!:S 0. 0 ~ " '" 02 ~ ro U <-' ^ :=I " ro . ... 0. 0. a:: 0 Ii: 0. " ^ S ~ " <3 "'- m ~ S 8 .D " " :s E .. S ~ 0 u c ..; " w d} "~ '" 0 .~ ~ i:l '" 0. " 0. " i:l 0 0 Ii: '" :.::i ~ '0 c 0 () 0 u en 0. "~ } '" ;;;; 7J , () '" .@ ,; ::::: 0 ! " N P.. @ , "'.~'.- .' Agenda Item No. SA january 15, 2008 Page 71 of 153 LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) Growth Managemcnt Plan (GMP) Compliance Narrative; document date 06.01.06 The subject parcel is govemed by the Livin!!:ston / Radio Road Commercial lntill Subdistrict of thc Collier County (OMP) Growth Management Plan; a copy is attached to this document for ease of reference. The explicit purpose of this Subdistrict is to provide services, including retail uses, to the surrounding residential areas within a convenient travel distance of the subject property. The proposed CPUD implements this purpose, This OMP SubdistriGi listed a nmnber of restriction and conditions. These are being implemented with the rezoning of thc subject property as proposed. These restriction and conditions are: 1) permitted and conditional uses are restricted to the permitted and conditional land uses of C-3 commercial zoning district in effect in October 2004 with. four exceptions. The proposed list of pennitted uses is consistent with or more restrictive than this referenced list and is further consistent with or more rcstrictive than the land uses by the current C-3 commercial district Maximum commercial intensity is limited to 50,000 sf. Commercial only maximum building height is 35 ft and up to three (3) stories. Mixed use incorporating residential, up to an intensity of 16 Wlits per acre, is permitted additional height of up to 45 ft and up to four (4) stories. The proposed CPUD does not seek to incorporate a residential component and therefore the additional height and story are not applicable. Access to Livingston Road was restricted to a right-in I right-out and fuliher restricted to the northern one-third of the frontage on Livingston Road; a distance of 256 feet from the parcel's northern property line. The CPUD Master Plan depicts a location within 200 feet and therefore is consistent with this restriction. 2) 3) 4) 5) PUl)Z-2006-AR-10376 PRO.TECT 112006020051 DATE: 8/28/06 KAY DRSELEM .' ......." Agenda Item No. SA january 15, 200S Page 72 of '153 (XIII)10, LJvln~stonlRadlo Road Commerciallnftll Subdistrict This Subdistrict conslsts_+ 5.0 acres located at the northwest corner of the Intersection of Livingston Road and Radio Roed. '. This Subdistrict allows for those permitted and conditional uses set forth in Commercial Intermediate Zoning District (C.3) of the Callier County Land Development Code, Ordinance 91-102, in effect as of the effective date of adoption of this Subdistrict. (Adopted October 26, 2004 by Ordinance No. 2004-71) However, the following conditional uses shall not be permitted: 1. Amusements and recreation services (Groups 7911,7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, I'ental of beach chairs and accessories only.) 2. Homeless shelters, as defined by the Land Development Code. 3. Social Services (8322-8399) 4. Soup kitchens, as defmed by the Land Development Code. To encourage mixed LiSe projects, this Subdistrict also permits residential development when located in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of 16 dwelling units per acre; the gross acreage of the project Is used in calculating residential density, The purpose of this Subdistrict is to proVide services, Including retail uses, to surrow1ding residential areas within a convenient travel distance to the SUbject property. These uses are not an entitlement, nor Is the maximum density for residential uses in a mixed-use building. Such uses, and residential density, will be further evaluated at the time of rezoning approval to insure appropriateness in relation to surrounding properties. The maximum development intensity allowed is 50,000 square feet of building area for commercial uses with a maximum height of three (3) stories, not to exceed 35 feet. However, for mixed use buildings - those containing residential uses over commercial uses - the maximum height is four (4) stories, not to exceed 45 feet. Access to the property within the Subdistrict may be permitted from Radio Road, Market Avenue and Livingston Road, Any access to livingston Road shall be limited to the northern one- third of the project's livingston Road frontage and shall be limited to rlght-ln, right-out access. Further, access shall be consistent with the Collier County Access Manegement Polley in effect at the.time of either rezoning or SDP application, whichever poilcy Is the more restrictive, II ;: it!! H i~~, ['-I i h;~~ <1<""",,,",",,,, i:l Frl.'~~...~/3\"~, ,-,~~~:: kl I T~~ ~O;-I\. ~':;:';'~,J .:~:- i '. I~.I 1~1~ F r',------'\ut' y-I'.~/--- "-.[ r~ll..J.I 1/1 ~::' \ 'J r i'i~H ~ ~ ,Ihlll; I' I~,., u ". I j l~ I " '.' . 'I 1.1 ~" 1 ~:I I t I 11\ ~ I 'I I I [C i,1 '" I l' I,. Il~'. :==='~HZ.~;~M~.;_ 1!'; ~ ~ , ! I'~ ~f.tl(~~ 1 ~l~} P I l ~h bon: ~ i ll'~~~ I I I <:: III ~ I ~~3 \ -. 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J -t, f ~ I I: '\ Agenda Item No. 8A .January 15, 2008 Page 74 of 153 Planning Development Incorporated Del'elopment Consultants, Engineers, Planners and Landscape Architects 5133 Castello Drive Suite 2 Naples, Florida 34103 239/263-6934,' Fax: 239/ 263-6981 PDi MRF @AGLeGM MEMORANDUM & TRANSMITTAL COVER SHEET ( " -"'"--,-_..-- ~,~'dxJ. {1;n!i crI-ofu. 2 PL IV\ -t!> :;Lkv~1:~-~I\\!6G, Ms. Linda Bedtelyon . - 0 ( (~1~WV' Community Planning Coordinator, I (1J)) Co/iier County Community Development and Environmental Services \ // ----~-- Date: November 20, 2006 To: Sent: Via Courier l?e: Lane Park CPUO: NIM Notes POI PII: 05.01044 Sender: Susan M. Fariz, Project Coordinator YOU SHOULD RECEIVE A 1-PAGE COVER SHEET, INCLUDING ENCLOSURES, IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 239/263-6934. Dear Ms. Bedtelyon: For your use and records, please find enclosed a copy of our notes for the Lane Park CPUD Neighborhood Information Meeting as held on November 15, 2006, along with the sign-in sheets and audio tape recording of the meeting, As always, upon your receipt and review, should you have any questions or require additional information, please do not hesitate to contact our office. Thank you, ~htJY1. \W,)1r-Z Cc; Ms. Kay Deselem, Principal 421clnner, Zoning and Land Development Review Mr. John Wanklyn , '\ Agenda Item No. SA January 15, 2008 Page 75 of 153 LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) AR#: 10376 NEIGHBORHOOD INFORMATION MEETING November 15, 2006 SIGti.lN SI:lEET PLEAse PRINT I # NAME ADDRESS PHONE I FAX #'s I 1. Michael R Fernandez 5133 Castello Drive, Suite 2 239-263-6934 Plannina Development Incorporated Naples, Florida 34103 239-263-6981 fax 2. Terri Fernandez 5133 Castello Drive, Suite 2 239-263-6934 Plannina Develooment incorporated Naples, Florida 34103 239-263-6981 fax 3. Susan Fariz 5133 Castello Drive, Suite 2 239-263-6934 , Planning Development Incorporated Naples, Fiorlda 34103 239-263-6981 fax 4. L1tJDA ~L'{1J0 GL-UEQ,C~ . 5. e r:J '" II e~l el fox~;'(e ---\1M <; )?()- 1 f 17 ;;tfJ4tlfo f)j!~;eS 1 ,,<JJ4:Y (JpJ:2.p:JJ!-.fW ~tJ"'.&- t43 -III f;> SW'ptlV + f!.tJi/81:r C-OD,....c/ ,?"/Zv Fbmi-fC Cr . 'fblf- ?'0'/ , '~genda Item No. 8A january 15, 2008 Page 76 of 153 Lane Park Commercial Planned Unit Development Neighborhood Information Meeting Naples Municipal Airpol-t November 15, 2006 5:30p,m. Attendees: Colli,~L~ounty: Kay Deselem, Principal Planner, Zoning and Land Development Review Linda Bedtelyon, Community Planning Coordinator, CDES Administration Property Owner Agent Representatives: Michael R. Fernandez, AICP, President, Planning Development lneorporated Ten; Fernandez, Vice-President, Planning Development Incorporated Susan Fariz, Project Coordinator, Planning Development Incorporated; meeting notes draftee! by; This Neighborhood Infonnation Meeting began at 5:30 p.m. and ended at approx.imately 6:00 p.m. Ms. Kay Deselem, Principal Planner, Zoning and Land Development Review of Collier County, opened the presentation by introducing herself and Ms. Linda Bedtelyon, Community Planning Coordinator, as representatives of Collier County. She explained that this meeting was the County required process created to allow for addition. neighborhood involvement; and specifically for the agent for a devcloper, through their agent, Mr. Michael Femand" in this case, to share information about the proposal for Lane Park. She explained that she is the planner assigned to the pctition as it goes through the review and public hearing process. She explained that the applicant is required to record the meeting, as was done. She explained that if the petitioner makes a commitment during the evening, it must be on record and may be made a requirement for approval. She ex.plained that there will be two or more public hearings. She further explained that no decisions would be made during this meeting. Me. Fernandez eXplained that this project is a relatively modest proposal within approximately 5.27 acres, and is a rezone from Industrial to Commercial Planned Unit Development. Mr. Fernandez noted that a Growth Management Plan Amendment was approved just a few years ago which created a Subdistrlct that governs the subject property and which allows for up to 50,000 square feet of commcrcial and up to 16 units per acre for residential. He then reviewed the proposed CPUD Conceptual Master Plan. Note was made of the extensive number and acreage of the drainage easements, the access points, and the location of the proposed crcated preserve. It was also pointed out that the graphic depiction of general circulation Was not specific relative to building placcment. Setbacks and building heights were then discussed; 3 stories and 35 ft of zoned height and setbacks of 50 ft from Livingston Road and 25 ft from Radio Road, He explained that the eonceptual site plan depicts access from Livingston Road in the northern one/third of the site, and that it is limited to a right-in and right-out with no proposed median cuts. Thc Radio Road access is existing. Page 1 of2 ,. . ., Agenda Item No. SA January 15, 2008 Page 77 of 153 ~ \. He explained that there would be notification by the County to property owners residing within 500 feet of the proposed Lane Park CPUD relative to dates for the Collier County Planning Commission and Board of County Commissioners meetings. He also noted that public notification signs would be placed on site, at three locations: Livingston Road, Radio Road, and Market Street He then advised that approximately 200 notices for this neighborhood information meeting were mailed. It should be noted that four (4) individuals from the public attcnded this meeting. The presentation was concluded and a rew handouts of the proposed permitted uses and development standards were handed out and those atteuding werc tllen invited to ask qucstions andJor provide comment. The following were gencral inquiries that were discussed: + Buffers; LDC buffers lire proposed + Number of buildings; the plan and proposal were uot specific to the number + Type of structure (concrete, metal, otc); that the County Architectural Design Standards would govern The meeting was closed after a few fmal comments by County Planner Kay De.elem rcgarding the process, emphasizing that the proposal is subject to change as the process moves forward and the dates for public hearing are tentativc and also subject to change, and encouraged continued follow up by interested ncighbors, End of Meeting Notes. Page 2 on Agenda Item No. 8A january 15. 2008 Page 78 of 153 LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) EIS Introductory NalTativc; document date 06.01.06; revised 11.29,06 Attached is the previously submitted EIS which was utilized in the processing of the prior GMP Amendment The native vegetation suppOlied by the site which is not encurnbered by eascments is 3,01 acres. The prcscrvation requirement per the LDC is ] 0% of parcels of less than 5 acres and 15% for parcels between 5 and 20 acres. The subject parcel is just over the 5 acre threshold, .At 15% the requirement is 0,45 acrcs. The viable layout of the subject parcel must consider a number of challenges which include but are not limited to: Preservc Requirement: Minimum dimensional requirements for preserves: Buffers between preserves and other parcellimprovement areas: For Principal Uses For Certain Accessory Uses The setbacks / buffers increase the size of the preserve and its surrounds from 0.48 acres to a rangc of The parcel is encumbered by fivc drainage and right-of-way easements which range in width from Parcel configuration / geometry is vcry linear with widths of; And the referenced easements separate the parcel into two areas with the northern portion of restricted dimension limited to viable use for crcated preserves and storm water management Access to / from Livingston Road is limited by the GMP to the northern 256 feet south o~ Market Avenue. 0.45 acres 20 ft. 25 ft. 15 ft 0.75 to ].0 acres lOft to 50 ft. 173 ft and 298 ft A quick graphic analysis was made to aid in formulating the most viable preservation strategy; see attached graphic. Since the j'esulting preserve requirement yields an area of less than one-half acre, it can provide its preservation rcquirement in the form of created preserves subject to the following Planting Criteria, copied from the LDC: llECf.fVEtl DEe 1 4 2006 1 Agenda Item No. SA January 15, 2008 Page 79 of 153 ii. Required Planting Criteria: (a) Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be asfollows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) andforty foot on center for trees with a large canopy (greater than 30ft. mature spread), ftve foot on center for shrubs and threefoot on centerfor ground covers. Plant material shall be planted in a manner that mimics a natural plant' community and shall not be maintained as landscaping. Minimum sizes for plant material may be reducedfor scrub and other xeric habitats where smaller size plant material are betler suitedfor re-establlshment of the native plant community, (b) Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 1 0% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05,07HJb. (d) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation presen'e requirements shall be labeled as preserves and shall comply with all preserve setbach The resulting generalized preserve location is superior: . as it can be well separated and buffered from the onsitc development; . as it is compatible with adjacent, sUlTounding drainage easements which are pervious and landscaped; and therefore environment is greatly extended and associated benefits are significantly increased, . as it results in a preservation configuration which is generally compact and therefore with limited perimeter, 2 <(0000 (j c; 000'" "" .9-15 .o~ ~~ o '. ON_ .51:::u (j Z ,0 ct~'" e ~~o c:;~ <c _ 00 lie:, o<>::~ ~;:; 22:'a> -I"J . i!:' [5 -roOJ ....~ . ~Cl ci!!;: co"ro 15" l(jt>:i:'s t>: '0 co.. <c cro ~~~ '-'-"- II", QJ-, bl6Js ....~ ~ Ol ",-J <( Sl..J<: <c"':::t 15(j bl" ocol"J L.j:s- ~Cl!Jl ~~B~ "'",;;'; ::,; ~<>:::::t !l: -JI'-: [5<>:: "':;,<::<C ~~~ :3"'15 el~~ "'0 L.j O<!l:::t ~~ ,. <:",?;:", ~ ~e ~~""I"J !Jltl i:'s~:::t~ '" CVj "'- "'i5<:l:i 13fi ~~~B ~ el:i <:",>.", b3 "'-'" ~~~~ Vj '" '" ~~~~ bl ~ '" ~~"'LU 2 . , ................. " .... '... .... ..... o ...........,...,..................... . ,.... I....... W... """ ..0.........., ........ I.. "........,.............., 520' "- ~ :;,:>- ~!ll! tl:: e:,J..I2tl::c;j ",c<:LiJu <:I~~t>: "'...."'::>0': !Q?,3Vl<'> ~5:i:515i:'s f;) ~ '" ::J North Access Locatio ClY021 NO.LSfJNlMI -~ all fl ~ 145' ~ 1.15~ l1~h~~ cO; ~ E' ---!if-------- . . : ~ ~ l ~ ~ . <.>! l LJ-_n____ ~ ~ I ~ " ! ! . . ! ! w." .,.1 "t1 '11"1 _ Y-1 8&YHJ ':n1t'd NOl.I:JnaOIlJ )..lNIjO:J l!:l1T1otJ PRESERVE STUDY OPPORTUNITIES GRAPHIC DATE 06.07.06; revised 77.29.06 STUDY BY: PDI . 1 II 'I' ].~ Agenda Item No. 8A January 15, 2008 Page 81 of 153 Environmental Assessment Report of Livingston Road-Radio Road Conlmercial Infill Sub-District 5.27 ac. Lot Sec. 36, T49S, R25B Radio Road and Livingston Road, Collier County, FL April15,2003 Revised: Apri127, 2005 Prepared for: '" Hole, Monte" Inc. 950 Encore Way Naple" Florida 34] 10 Tel: (239) 254-2000 Fax: (239) 254-2099 Conducted by: Geza Wass de Czege, President Southern Biome" Inc., Woodford Ave., Fort Myers, FL 33901 Tel: (239) 334-6766 Fax: (239) 337-5028 ----~.._~-~.._~._--,~--_......,-,- Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, F'L 33901 - Mail to: P.O. Box 50640, Fort Myers, FL 33994 TeL (239) 334-6766 Geza Wass de Czege, President Fax: (239) 337-5028 Agenda Item No. 8A January 15. 2008 Page 82 of 153 Livingston Rd. - Radio Rd. Commercial Infill Sub-District Lot Section 36, T49S, R25E Radio Road, Collier County, FL Location Map ':...,..""'~....._" ~""",~~Q,,"_T _ '~~~~Fd" " ~.."""jY;',.,... _ ~#.l Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave" Fort Myers, FL 33901 - mail to: P.O. Box 50640, Fort Myers, FL 33994 Ph, (239) 334.6766 Geza Wass de Czege, President FAX (239) 337.5028 EAS Report for Livingston Rd.-Radio Rd. Commerciallnflll Sub-District 5.27 ac. Lot, Sec. 39, T49S, R25E, Radio Road and Livingston Road Ex!. Collier County, FL Revised Date; April 27, 2005 Agenda Item No. 8A January 15, 2008 Page 85 of 153 Fish, Wildlife, Listed Species and tbeir Habitats Pursuant to paragraph 4.1.1 (a), an applicant must provide reasonable assurances that a regulated activity will not impact the values of wetland and other surface water functions so as to cause adverse impacts to: (a) the abundance and diversity of fish, wildlife and listed species; and (b) the habitat of fish, wildlife and listed species. In evaluating whether an applicant provided reasonable assurances under subsection 4.2.2, deminimis effects shall not bc considered adverse impacts for the purposes of this subsection, Response: An endangered species survey was conducted on March 20,2003, and again an update was conducted on March 8, 2005. On both site surveys, no listed of endangered or threatened species were observed on the subject property. The following 'describes the survey methodology and results. Endanllered Species Survey Methodolol!V: The entire project site has been field surveyed for endangered species using a modification of the transect line methods established by the Florida Fish and Wildlife Conservation Commission (FWC). The modified survey methodology has proven effective in covering 90-95% of the sites surveyed. The modified strip census uscs meandering transect lines at 75' - 100' intervals. The meanders extcnd into adjoining transect lines to provide a near 100% coverage, TIle frequency of the meanders is determined by the ground cover and visibility. More densely vegetated areas receive a greater frequency of meanders, thus decreasing the area between meanders in some habitats to as nears as 12' apart. If the terminus flagging markers of the transect lines me not visible, then survey flagging tape is attached to vegetation at the outer cxtent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assists in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area, Each tape must be visible from the previous meandcr. On the subsequent transects, the flagging tape is removed and relocated at the outer limits of its transect area. Faunal species which do not lend themselves to the typical transect line survey methodology typically used for determining stationary floral and faunal species, require an additional method of observation. These species can be best observed by using game stalking techniques and periodic observations with field glasses at frequent intervals along transect lines, The frequency and - 4- Agenda Item No. 8A January 15, 2008 Page 86 of 153 Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mail to: P.O. Bo> 50640. Fort Myers, FL 33994 Ph. (239) 334.6766 Geza Wass de Czege, President FAX (239) 337.5028 EAS Report for Livingston Rd,-Radio Rd. Commerciallnfill Sub-District 5.27 ac, Lot, Sec. 39, T49S, R25E, Radio Road and Livingston Road Ex!. Callier County, FL Revised Date: April 27 .2005 duration of observations are determined by habitat density, species observed, and the stalking skills of the observer. The ability to blend into the surroundings is another key requirement for success. Any species observed were noted on an aerial photograph as to location and number of species sighted. Species presence and abundance on a given site cannot be determined for all species listed, Therefore, fauna which are mobile, transient, or deceptive are not always observed during a typical field survey such as required by Collier County. This is especially tme for species abundance. Therefore, the status of each species is listed as to presence and numbers observed, and those species which can be reasonably surveyed for abundance are provided with such data. Habitats Surveyed: llik 193 411 423 510 510R Endangered Species Observations: De..liicriotion Open, Undeveloped Land Pine-Bracken Fern Forest Pine-Cypress-Laurel Oak Forest Swale Roadside Swale Observed Soecies -0- -0- -0- -0- -0- Bclow are listed species that are typically expected to be observed within the habitats " identified on the project site,'or similar habitats within Collier County. Observation notcs and comments are made on each species. Endangered Species Expected to be Observed all Similar Habitats UPLAND SPECIES: Common Name Eastt:.m indigo snake gopher tortoise gopber frog S' eaSlern Arnerlclln Kestrel American bald eagle Burrowing owl Leas! tern Fox ::;qllirrel twistc:d air plant Florida coontie Red-cockaded woodpecker Scientific Name Drymarchon corais cOllperi Gopherus pol)phemus RanG Qrco{ata fa/co sparverius paulus Haliae/lts lel1cocephalilS Speotylo cunivularia Sterna antillarum Scillrw; niger Tillandsiajic?Xl/Osa Zamia Floridal1o Picoides borealis Ob,. no no no no no no no no no nO no - 5- Comments not observed not observed not observed not observed not observed not observed not observed not observed not observed not observed not observed ~ Southern Biomes, Inc. Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 - mall to: P.O, Box 50640, Fort Myers. FL 33994 Ph. (239) 334,6766 Geza Wass de Czege. President FAX (239) 337-5028 EAS Report ror Livingston Rd.-Radio Rd. Commerciallnfill Sub-District 5.27 ac. Lot, Sec. 39, T49S, R25E. Radio Road and Livingston Road Ex!. Collier County, FL Revised Date: April 27, 2005 Agenda Item No. 8A January 15, 2008 Page 87 of 153 Endangered Species Expected to be Observed on Similar Habitats (cont.) WETLAND SPECIES: Common Name American alligator Ellstern indigo snake Little blue heron Snowy egret Tricolored heron Whitelhis Wood stork Everglades mink Scientific Nftme Alligator mississippiensis Drymarchon corals couper; Egretta caerulea Egretta tllU!a Egrctta tricolor Eudocimus albus MycJcria amerlcana MusJela vision evergladensis Obs_ no no no no no no no no Comments not observed nOlobserved not observed not observed not observed not observed not observed inappropriate habitat Discussion and Conclusion: ~ As previously noted, no endangered, threatened, or species of special concern were observed on the property during either of the two event listed species surveys. Special attention was given to the fox squirrel and red cockaded woodpecker in the pine forested areas, and to the gopher tortoise in the open, undeveloped areas. Because the area is completely isolated from all other undeveloped natural areas, and is surrounded by major roadways on three sides and commercial development on the fourlh, it is considered unsuitable habitat for any listed species to forage or nest, and as expected, none were observed. '" ~ - 6- Agenda Item No. 8A January 15, 2008 Page 89 of 153 Southern Biomes, Inc. Division of Environmental Information Services . 1602 Woodford Ave., Fort Myers, FL 33901 - Mail to: P.O. Box 50640, Fort Myers, FL 33994 Tel: (239) 334-6766 Geza Wass de Czege, President Fax: (239) 337-5028 -, Livingston Rd.-Radio Rd. Commercial Intill Sub-District Lot Section 36, T49S, R25E, Radio Road, Collier County, FL - r ....-'" Soils Map Ii Ill! . lfJ\ ... II .... <."'. II. ~ . . .. .'" .';....,. ... : '. .11.'..... . .... ; ".'. rII . !II ... II :;. II,. -", I .. .. __ II .-. ~ ~ .. .. ',: lIIlI .. . '.'11 .'~~ I III 1:.,1.. ......'.: 1'.,.,11 -wi !II L' I~. .. ."-"".' II ...... ~ II ""'''''1 I... !II_ iRIl ....-- mil III - II' II .. II . 41. ,,11I.,11. -III IIlI .~.. ... 11II III .. II ., II III III III. I 111II111 .111___..11I _II . 11_. II Ii IIIIDI ... Soils Legend Code 27 38 Description Holopaw fine sand, sloughs Urban land-Matlacha-Boca complex 1:. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA January 15, 2008 13881 PlANTATIdi:'IS'1.'o~!0I1I,1,53 FORT MVERS,Fl33912.4339 OFFICE 239.278,]090 FAX 23g,27B.1906 TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN , MEMORANDUM . TO: Mr. Michael Fernandez PImming Dcvclopment Incorporated FROM: Robclt L. Price, FE Senior Transportation Consultant Ted g, Treesh President f)^ TE: February 13, 2007 RE: Lane Park CPUD Collier County, Florida TR TranspOltation Consultants has received the second set of review comments from the Collier County TranspOltation Planning Division in regards to the above rcfcrenced project. The comments and our response arc listed below for your reference. 11S Comments 1/16/07: 1. Intersecfion Analysisfor Radio Road @ Livingston Road: The report Indicates that the pmject trips will be significantly impacting Radio Road segment west of Livingston Roael. The project will be adding 70 l~ft-turn and 40 V-turn trips on the north approach of this intersection and 85 V-turn tn])s on the west approach. The exisllng peak season TMC (Exhibit 5) hw been projectedfor 20]] (Exhibil 6) using growth rates but the BuildoU/ Trafjic (Exhibit 7) for 2011 shows 2006 TMC plus the pl'rJjectlrqfjic. The il1tersection has been analyzedfor 2006 and not JOlltalaltraffic. SYNCIJRO analysis shows the intersection will experience major failure and will require significant improvements. Please see attached SYNCHRO outpul. The analysis contained in the previous response has been corrected. It should be noted that discllssions were held with Mr. Nick Casalanguida, and a 5.0% annual growth rate was agreed upon for Livingston Road rather than the abnormally high growth rate indicatcd within the Collier County Traffic Count Report Figures 5, 6, & 7 have been adjusted and attached to the end of this document for reference. It should also be noted - "t.. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A january 15, 2008 Page 91 of 153 Mr. Michael Femandez February 13, 2007 Lane Park CPUD Page 2 that Figures 6 and 7 have been updated to rcflect 2012 traffic conditions rather than 2011 conditions. Table 1 ^ was also revised to reflect 2012 conditions. As a result of the updated turning movement figures, the intersection analysis was revised to reflect the new 2012 buildout traffic conditions. The resultant intersection analysis results are attached to the end of this document for refcrence. Level of Service deficiencies were only shown at the Livingston Road/Radio Road intersection during the PM peak hour. The Developer has agreed to pay the project's proportionate share for applicable operational Level of Service deficiencies which are not covered by Impact Fees and which are required by applicable LDC provisions tor SOP applications as evaluated and determined at the time of SOP application. 2. Truck Factorsfor Intersection Analysis: The HeS analysis shows 0% jar truck.l. A minimum qf 2% trucks should be usedfor all analysis including SYNCHRo. A 2% truck factor was shown for the SYNCHRO anal)'sis at Livingston Road and Radio Road. No truck factor is shown in the HCS+ intersection analysis at the sile access driveways. HCS+ only considers truck factors on the side streets and left tUl11ing movements at unsignalized intersections. Since no significant truck traffic is expected as a part of the subject site, it is not appropriate to consider a truck factor on the site access approaches. Additionally, no left tums are proposed at the site acceSS driveways. Therefore, [10 truck factor has been added on the side streets, 3. Access Mallagement: Although Tra/1.\porta/ioll Division concedes that the existing access on Radio Road may remain in it's re.\I,ective location as shown on the master plan, IIlterconnection with westerly a/lUlla is still required. Interconnection is not shown to the westerly abutter dllC to a drainage ditch that is located along the western property boundary. Please see Planning Development Inc. 's response to this comment under separate cover, 4. Imp"ct fees are for increases in capacity only, not operational improvements. The required "Fair Share" contributior1s no/ed in thefzrs/ review addresses operational impacts to the intersection 'if Radio and Livings/on, and remain a requirement ~fthis review. Ther~f'ure, the Transportation Divisioll reiterates thatlhe PUD language must contain ''fair share" colltribution language relative to improvements at Livingston Rd and Radio Rd intersection. The Developer has agreed to pay a "propm1ionate share" of any operational improvements which are required by applicable LOC provisions for SOP applications. These operational improvements, if any, will be evaluated at the lime of SDP for the subject site. It is not appropriate to deem proportionate share payments at the time ofre- zoning when sites are being analyzcd for "worst case" trip generation scenarios. Regardless, the proposed re-zoning of the Lane Park CPUD will actually reduce the impacts on the wbject site based on the current zoning available on the subject site. For 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA January 15, 2008 Page 92 of 153 Mr. Michael Fernandez February 13, 2007 Lane Park CPUD Page 2 instance, the subject site could currently be developed to consist of a 75,000 square foot retail strip center L\llder the existing zoning. The proposed re-zoning of the site will limit the square footage to 50,000 square feet of commcrcial uses. The trip generation difference in a 75,000 square foot commercial use and a 50,000 square foot commcrcial use are indicated within Table 1 below. Table 1 Trip Generation ExistinQ Zoning vs. Proposed Re-Zonillg Status Land Use Weekday A.M. Peak Hour Weekd." P,M, Peak Hour Dally ln Out Total In Out Total (2-wav) Existing Zoning Shopping Centet 80 . 50 130 250 270 520 5,635 (75000 ;". R.l Shopping Centel ,,- Propused Re-Zoning- (50.00050. n.l 65 40 105 190 205 395 4,330 Trip Difference +15 +10 +25 .60 +65 fl25 +1,305 lExistinil Z{lniil~ - pronosed Rc.Zonhll') As can be seen within Table I, the proposed re-zoning of the Lane Park CPUD to limit thc commercial floor area on the site to 50,000 square feet would actually reduce the traffic impacts of the site. Should you have additional questions/comments, please feel free to contact me. Agenda Item No. SA January 15, 2008 Page 93 of 153 APPENDIX Ag.enda Item No. SA January 15, 2008 Page 94 of 153 TABLEIA <(OOC') 1: ,. .: w roO'" ~ .o~ L ~ ~ ifl '" '" -""J _ ~ '" ~ ~ ~ ,. 0 i!l < ~ en " > en < 22 Co> ell'" ~ ell "ell ~ >- ~I 0 ~ ~ -0 Co. ~ ~ " ~ ~ ~ Cell '" ~ w W 0>"" ~ ~ t 0 0> ~ ~ < ~ ~ <( w <i ~ ~I ~ ~ ~ ~ i!l ~ " 1: z '" ~ I! ~ ~ ~ " ~ -' ~ :g " ~ 0 N N \l '" w < CO ~ " ~ ~ ~I '" l/) N '!; ,- ~ ~ " ~ " ~ il >- " ~ i!l ~ ...J ~ " . <: l , Z ;i ~I t iF u <( ~ ~ ~ ~ . ~ ~ 0 z ~ ,- ~ . >- :i ~ ~ ~ '" E t) " , .\1. . z ~ & W >- ~I ~ . . Z ~ '" 0 . " 0:: '" " g . ~ Q '" <<> '" n 0:: 0 '" " ;!: ~ ~ '" N ::I ~ ~ E .~ " . Z t) E . Q . 5 Z m >- ~ ~ . E """ 0 ~ z . ~ t) t) ~ z ~ 0 Q , . 0 i < ~ ~ ~ W '" ~ ~ N ~ ~ il' E 01:1 " 0 r 0:: " ~ is <( 0 . <( 0:: c ~ ~ " !l ~ .... W '" W <( a g " " " " " ". " " . ..J W I- " 9 z ~ ~ ~ ~ '" ~ . 8 ;; 0. 0:: ~ < '" ,; N '" ,; N . ~ Dl >- . <( .t) ~ 0 0::1- E """ . . ::It) >- ~ ~I ~ ~ i!l ;; ~ 0 0 ~ ~ ~ 0<( " N ~ ~ E w g ~ ~ :1:0. 0 ~ ~ ~ 0 :li '" ~I . ~ ~ ~ ~ ~ 0 i!l j . ~ n N N ~ <( ~ ~ I- " " w Ii t; . . 0. Z " " ~I , 0 <: >- >- w w ~ '" , ~ " " . ~ :J :J " ~ 0 ~. ~ ~ ~ , t) 0 0 III 0 ~ N ~ ~ ~ '" . u:: ~ ~ , ~ " " Z ! 0 0 -0 . l!) 0 1- .~ . ~ ~ " .. Vi ~ 0 0 0 0 8 0 0 ~ , 0 M 0 0 0 :l . . ~ ~ :i N :; 0 0 0 N ); ~ ~ M . . . N N ~ ~ >- .~ ~ 0 00 Il> . ,; . n .~ ~ ~ ~I . u II 0 '3 0 '3 S S S 0 0 0' M r r c ~ ~ ~ c 0 . ~ "- '" w w w w ~ . . . :5 oc ~ ~ > . c 0 . 0 M 0 ~ >- " ~ ~ . Q N Z ~ , ~ 91 . ~ " :li ~ ~ ~ 0 " "? ~ ~ ~ ~ >- , ~ " . 0 w ~ , ~ ~ " , ~ u " .f . ~ ~ u: '" " ~ ~ ~ 8 . g < " " ~ ~ ~ ~ '; . 0 ~ . >- >- " " " " ~ c . . ~ '" u " a: a: 0 a: '5 Q '" w ij 0 . . 0 Q ~ ~ a .. ~ ~ . c 0 .. " .~ :5 ~ {i & .~ :5 > " a: '" a: '" . Ii "- ~ ffi ~ \l " " " ~ " '0 J ~ ~ . . :J :J '" z' vi " " " " .. '" ~ ~ 0 0 ,. >- >- r r ~ ~ '3 "- ~ " " ,. ~ 1l < "- ~ , Ii J J ~ t < 5 c " 0 ~ . I ~ 0 0 >- ... " ~ Agenda Item No. 8A January 15, 2008 Page 96 of 153 FIGURES 5, 6, & 7 ~ ~ '" -- 8 L MARKET AVENUE -----.. . I I. I I I Ss <X> <X> "'en ~- 00 t;;~ ,~ (810) 325.1' (1,490) 315-+ Agenda Item No. 8A January 15, 2008 153 ci 0: Z g (/) ~ z '> :i '\. 880 (455) ... 1,455 (525) RADIO ROAD LEGEND ... 000 WEEKDAY AM PEAK HOUR TRAFFIC ... (000) WEEKDAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS R 2006 PEAK SEASON TURNING MOVEMENTS TRANSPORTATION CONSULTANTS,INC. LANE PARK CPUD Figure 5 MARKET AVENUE " -i <> 8 u. I I I I I I ------ _it) "'~ ,~", I'- - ~~ Lf>:t; to", 1'-... ~.... (980) 395;- (1,800) 380+ ci n: z o f- (1) 19 Z :; :::; Agenda Item No. SA r\l 5, 2008 age j 53 ~ 1,065 (550) .. 1,760 (635) RADIO ROAD LEGEND .. 000 WEEKDAY AM PEAK HOUR TRAFFIC .. (000) WEEKDAY PM PEAK HOUR TRAFFIC - INDtCATES LESS THAN 5 TRIPS R 2011 BACKGROUND TURNING MOVEMENTS TRANSPORTATION CONSULTANTS,INC. LANE PARK CPUD Figure 6 v ~ g <D o LL 1: TRANSPORTATION K CONSULTANTS, INC. MARKET AVENUE J I iOl 2!.1 ~ I'\, 50 (150) ~ 1+2,525 (1,410) (2,865) 800.... 8 <J) o ~N 0- "'0 -N "'N ~ . ~ ~+ ------ (110)25"\. + o f'- .... ~ 8 f'- "'. ~ ~'" ",,,,, f'-<'1 t::-~..: 6' ~ ... "'0 - IDc- 0 ; \.~~ (85) 25" (980) 395 :I' (1,800) 380.... Agenda Item No. SA .2008 3 ci cr: z o I- rJ) o z :> :J '\, 1,065 (550) + 1,785 (700) RADIO ROAD LEGEND + 000 WEEKDAY AM PEAK HOUR TRAFFIC .. (000) WEEKDAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS 2011 BUILD-OUT TURNING MOVEMENTS LANE PARK CPUD Figure 7 Agenda Item No. SA january 15, 2008 Page 100 of 153 HCS+ INTERSECTION CAPACITY ANALYSIS Agenda Item No. SA January 15, 2008 Page 101 of 153 LIVINGSTON ROAD@ RADIO ROAD ~6v~ftiento/JH>~,~{;~~~.~0t~;;:'.F'F5\l!aWWg~~; ~su~.~eem:~z:EWait~:'~.WBR~.'};t;$B,Wf;.~{\~r$:B_W,%~'{.f$a.F.fi:1~~'i~~it~~1iJ~[~E0.;~;%;r;';l~r~~~~1!ff.~~i'(F~;? Lane Configurations ~1j H H l' ~1j 1'1' Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 Totai LostUme (5) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utll. Factor 0.97 0.95 095 1.00 0.97 0.88 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3539 3539 1583 3433 2787 Fit Permitted 0.95 1.00 1.00 100 0.95 1.00 Said. Flow (perm) 3433 3539 3539 1583 3433 2787 Volume (vph) 25 395 380 1785 1065 10 470 765 Peak-hour factor, PHF 0.92 0.95. 0.95 0.95 0.95 0.92 0.95 0.95 Adj. Flow (vph) 27 416 400 1879 1121 11 495 805 RTOR Roduction (vph) 0 0 0 0 270 0 0 280 Lane Group Flow (vph) 0 443 400 1879 851 0 505 525 Turn Type Prot prqt Perm Perm Perm Protected Phases 7 7 4 8 6 Permitted Phases 8 5 Actuated Graen, G (s) 12.5 53.0 45.0 45.0 Effective Green, 9 (s) 14.0 55.0 47.0 47.0 Actuated 9/C Rallo 0.16 0.72 0.52 0.52 Clearance Time (5) 5,5 6.0 6.0 5.0 Lane Grp Cap (vph) 534 2556 1848 827 vis RalloProt cO.13 0.11 0.53 vis Ratio Perm vIe Ratio Uniform Delay, d1 Progression Factor tncremental Delay, d2 Delay (s) Level of Se rvice Approach Delay (5) Approach LOS HCM Signalized Intersection Capacity Analysis Livingston Rd @ Radio Rd ~ ..f - +- '- 0.83 36,8 1,00 13.9 50.7 D cO.54 1.03 21,5 1.00 38.8 60.3 E 0.16 3.9 1.00 0.1 4,0 A 28.6 C 1.02 21.5 1.00 25.2 46.7 D 51.8 D Jf:!ier$.~p\iQrl;i$ umm~~tY~i'~f;'iii,;~,~~~~V~):t~~:€&.~ft~BW.1;~h\\fl.;'1~i\t'k\~~;~:l {~.<-<i;';-:;8/0':<.-~'~>!1";~(f;: ;. ! L. .; . . HCM Average Control Deley 50.9 HCM Level of Service HCM Volume to Capacity ratio 0.99 Acluated Cycle Length (s) 90.0 Sum of 1051 time (5) lntersectlon Capacity Utilization 98. 'I % leU Level of Service- Analysis Period (mln) 15 o Critical Lane Group LJ. \. ,.I 15.0 17.0 0.19 6.0 648 6 15.0 17.0 0.19 6.0 526 Agenda Item No. SA January 15, 2008 Page 102 of 153 2012 AM Buildout 218/2007 ,<' , " ..,-:., ;':.:'ii~~1J{Wk;,iH~.~::;&t~:W;{f:'1i~t4H~'W~_tk;~;,d:}~ 0.15 0.78 34.7 100 9.1 43.8 D 63.2 E cO.19 1.00 36.5 1.00 38.9 75.3 E D 12.0 F Lane Park CPUD TR TransportaUon Consultants, Inc. Metro Transportation Synchro 6 Report Page 1 &\Q~erH;efjttJJ~{~:~;;;;\~&!.1l.~r~f~~~~~~e:ellJ}t1~~1:e~W1L;lit-lSa~W4~WJ~~{\ffi~JaB..~~S-am~R}:.~t:$aW,~:.K~S~BR1t~'~~.~fif.~~fti~:~;t4t{i{t:j<~~\t{*tr.g~.i*j;~~t~>>' Lane Conflgurations :1"'1 H H ff l:i"l TIff Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 Lane Utll. Faclor 0.97 0.95 0.95 1.00 0.97 0.88 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Said. Flow (prol) 3433 3539 3539 1583 3433 2787 FII Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Said. Flow (perm) 3433 3539 3539 1583 3433 2787 Volume (vph) 85 960 1800 700 550 40 1385 775 Peak-hour factor, PHF 0.02 0.95 0.95 0.95 0.95 0.92 0.95 0.95 Ad). Flow (vph) 92 1032 1695 737 579 43 1458 816 RTOR Reduction (vph) 0 0 0 0 451 0 0 278 Lane Group Flow (vph) 0 1124 1895 737 128 0 1501 536 Turn Type Prot. prot Perm Perm Perm Protected Phases 7 7 4 6 6 Permitted Phases 6 -- 6 Actuated Green, G (s) 44.5 77.0 27,0 27.0 Effective Green,g (5) 48.0 79.0 29.0 29.0 Actuated glC Ralio 0.31 0.53 0.19 0.19 Clearance Time (5) 5.5 6.0 6.0 6.0 Lene Grp Cap (vph) 1053 1864 684 306 vis Ratio Pro! cO.33 cO.54 0,21 vIs Ralio Perm vie Ratio Uniform Delay. d1 Progression Factor Incremental Delay. d2 Delay (s) Level of Service Approach Delay (s) Approach LOS HeM Signalized Intersection Capacity Analysis Livingston Rd @ Radio Rd ~ '- lJ. / - - 61.0 63.0 042 6.0 1442 1.07 52.0 1.00 47.6 99.6 F 1.08 60.5 1,00 57.2 117.7 F 91.1 F 0.08 042 53.1 1.00 4.2 57.3 E 1.02 35.5 1.00 25.1 60.6 E 75.\ E \. .; Agenda Item No. SA January 15, 2008 Page 103 of 153 2011PM Buildout 218/2007 lilf&f~:~ol{Qit:Sllmma'fY;~,~t~K :l;'~:'i~;,'8~';::, "i{l;1';",::ijt.l'~\~1~t:!{J.:;:;,.tijl::;:~~:~.~;::~i;!t~~:(';)iX:i:Yt5~~;~~},';1tJ~;~~~;jlj~~t~;,~;W~~;;;~Y-'f;1{i_:::<:;'{!fr:,~,$-\~1:~~~::~..\\:,~';'.~\; :",i~~:;~)!iU1{.;(~..;;it.'Si HCM Average Control Del.y 73.8 HCM Level of Service E HCM Voiume to Cep.city r.1io 1.03 Actuated Cycle Lenglh (s) 150.0 Sum of lost time (0) 6.0 IntArseclion CapacRy Utiliz.ation 100.4% leu Level of Service G Analysis Period (min) 15 c Critical Lane Group 6 61.0 :63.0 0,42' 6.0 \17\ 0.44 \.04 43.5 \.00 35.1 78.6 J:: 62,4 E 0.19 0.46 31.3 \.00 1.3 32.6 C Lane Park CPUD TR TranBponation ConsullantB, Inc. Metro Transportation Synchro 6 Report Page 1 RADIO ROAD @ SITE ACCESS Agenda Item No. 8A january 15, 2008 Page 104 of 153 Agenda Item No. 8A ,. '~rv 1 ~ ?(1{1Q . TWO-WAY STOP CONTROL SUMMARY Page 105 of 153 ~nerallnformation Site Information jjVst RLP Intersection Site Access /0) Radio Rd "oencvICo. TR Transoortation Consultants Jurisdiction Colliar Countv Date pertormed 2/6/2007 'i\nalvsis Year Bulldout Analvsis Time Period lAM Peak Hour Proiect DescrJOlion F0604.14-Lene Park CPUD EastlWest Street: Radio Road North/South Street: Site Access Intersection Orientation: East-West Studv Period (hrs): 0.25 Vehicle Volumes and Adjustments Maior Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/hl 800 2525 50 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourl~tow Rate, HFR 0 842 0 0 2657 52 vehlh Percent Heavy Vehicies 0 -- -- 0 .- -- Median Type Raised curb RT Channelized -- 0 0 Lanes 0 2 0 0 2 1 Configuration T T R Uostream SiOnal . 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R lume Ivehlli) 15 . "ak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Houriy Flow Rate, HFR 0 0 0 0 0 15 (Veh/hl Percent Heavv Vehlcies 0 0 0 0 0 0 Percent Grade (%) 0 0 Fiared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 1 Configuration R Delav, Queue Lenath, and Level of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R v (vehlh) 15 C (m) (vehlh) 148 vie 0.10 95% queue length 0.33 Control Delay (slveh) 32.0 LOS 0 Approach Delay (slveh) -. -- 32.0 Approach LOS - -- 0 opyrigh\ lC 2005 University of Florida, All Rl~hls Reserved HGS+ ™ Version 5.2 . Genarated: 2/8/20G7 t2:44 PM Agenda Item No. 8A 10' r\l 1 ~ ?nnA TWO-WAY STOP CONTROL SUMMARY Page 106 of 153 General Information Site Information . Analyst RLP Intersection Site Access @ Radio Rd Agencv/Co. TR Transportation Consultants Uurisdlctlon Collier Countv Date Pertormed 2/6/2007 ItInalysis Year Buildout Analvsls Time Period PM Peak Hour Proiect Description f0604. 14-Lane Park CPUD . East/West Street: Radio Road North/South Street: Site Access Intersection Orientation: East-West IStudv Period {hrs): 0.25 lVehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R volume (veh/hl 2865 1410 150 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 3015 0 0 1484 157 veh/h) Percent Heavy Vehicles 0 -- - 0 -- -- Median Tvpe Raised curb RT Channelized 0 0 Lanes 0 2 0 0 2 1 Configuration T T R Upstream Sional 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R !Volume (veh/h) 95 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Fiow Rate, HFR 0 0 0 0 0 100 I'veh/h) Percent Heavv Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 . 0 Flared Approach N N Storage 0 0 . RT Channelized 0 . 0 Lanes 0 0 0 0 0 1 Configuration R Delav. Queue Length, and Levol of Service Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R v (vehfh) 100 C (m) (veh/h) 363 vie 0.28 95% queue length 1.10 Control Delay (s/veh) 18.6 LOS . C Approach Delay (slveh) .. .. 18.6 Approach LOS. -- -- C Copyrighl (0 2005 UnIversIty of Florida, All RighI!> Resef1Jed HCS+ ™ Version 5.2 Generalf.ld~ 2/8/2007 12:45. Agenda Item No. 8A . January 15. 2008 Page 107 of 153 LIVINGSTON ROAD @ SITE ACCESS Agenda Item No. 8A - ,- ,,"', ,1C\ 'Jnnj:l TWO.WA Y STOP CONTROL SUMMARY Page 108 of 153 General Information Site InformatIon - c..nalvst RLP Intersection Site Access @ Livinaston Rd o,Qsncy/Co. TR Transportation Consultants urisdiction Collier County Date Pertormed 2/6/2007 IIlAnaivsis Year BUildout c'na Ivsis Time Period lAM Peak Hour III - Project Description F0604. 14-Lane Park CPUD EastIWest Street: Site Access INorth/South Street: Livinaston Road Intersection Orientation: North-South IStudv Period (hrs): 0.25 ~ehicle Volumes and Adiustments Maior Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R lVoiume (vehlh) 1470 1220 15 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 26 0 0 0 veh/h) Percent Heavy Vehicles 0 .. - 0 - -- Median Tvpe Raised curb RT Channelized 0 0 Lanes 0 2 0 0 2 1 Configuration T T R Upstream Sional 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Voiume Ivehlh) - 25 I Peak-Hour Factor, PHF . 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Fiow Rate, HFR 0 1284 15 0 1547 0 (vehlhl Percent Heavy Vehicies 0 0 0 0 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Confiouration R Delay, Queue Lenqth, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R V (ven/h) 26 C (m) (vehlh) . 422 v/c 0.06 95% queue length . 0.20 Control Delay (s/veh) 14.1 LOS 8 Approach Delay (slveh) -- -- 14.1 Approach LOS -- n B Copyright if:) 2005 UnIverSity of Florida, All Rights Reserved HCS.J.1M Version 5.2 Generated: 2/812007 12:42', - I "t:; 0('\('\0 TWO-WAY STOP CONTROL SUMMARY Page 109 of 153 c;...nerallnformation Site Information IjV~st RLP Intersection Site Access <fil Livinaston Rd D>.~Emcv/Co. TR Trensoortation Consultants urisdictlon Collier County Date Performed 2/612007 Analvsis Year Sul/dout IAnalvsis Time Period PM Peek Hour Proiect Descriotion F0604.14-Lene Park CPUD EastlWest Street Site Access NorthlSouth Street: Livinaston Road Intersection Orientation: North-South Studv Period Ihrs): 0.25 lVehicle Volumes and Adiustments Malor Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R volume (veh/h) 1570 2090 40 Peak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hour~tow Rate, HFR 0 0 115 0 0 0 veh/h Percent Heavy Vehicles 0 .. -- 0 -- -- Median Tvpe Raised curb RT Channelized -c 0 0 Lanes 0 2 0 0 2 1 Confi9uration T . T R UDstream Slanai 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 . 11 I 12 . ~ L T R L T R lume Ivehlh) 110 . C!ak-Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 2200 42 0 1652 0 j'veh/hl Percent Heevy Vehicles 0 0 0 0 0 o . Percent Grade (%) 0 0 . Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 1 0 0 0 Configuration R Delav, Queue Lenath, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R v (vehlh) 115 C (m) (veh/h) 210 v/c 0.55 95% queue length 2.92 Control Delay (slveh) 41.1 LOS E Approach Del~y (slveh) - - 41.1 ",pproach LOS -- -- f: - Agenda Item No. 8A Jpyrigh\ It! 2005 Univers'~y of FIOtlda. All Rights Re~ervEld HCS+lM Version 5.2 Generated: 2/B/2.007 12:43 PM Agenda Item No. 8A January 15, 2008 Page 110 of 153 TRIP GENERATION EQUATIONS . .. Agenda Item No. 8A January 15, 2008 Page 111 of 153 TRIP GENERA nON EQUA nONS LANE PARK CPUD ITE TRIP GENERATION REPORT, 7th EDITION 1.ond Use Weekday AM Peak HOllr Weekday PM Penk Hour Weekday Shopping Center . iLUC 820) Ln (T) ~ 0.60 1.11 (X) -I- 2.29 1.n (T) ~ 0.66 1.11 (X) + 3.40 Ln (T) = 0.65 I.n (X) + .\.83 T =Trips, X ~ \,000 sq. ft. of01.A . , . , 1:. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A January 15. 2008 Page 112 of 153 PUDZ-2006-AR-103~6 PROJECT #2006020051 DATE: 8/28/06 KAY DESELEM TRAFFIC IMPACT STATEMENT FOR LANE PARK CPUD (PROJECT NO. 0604,14) PREPARED BY: TR Transportation Consultants, Inc. 12730 Commonwealth Drive, Suite 4 Fort Myel'S, Florida 33913 239-278-3090 Certificate of Authorization #27003 August 22, 2006 IiJ fJ tufO( Reid C. Fellows, P.E. P.E. No.: 616~3 . , 1:.. TRANSPORTATION K (ONSULTANTS,INC. CONTENTS 1. INTRODUCTION . , II. EXISTING CONDITIONS III. PROPOSED DEVELOFMENT IV. TRIP GENERATION V. TRIP DISTRIBUTION VI. FUTURE TRAFFIC CONDITIONS VII. PROJECTED CONCURRENCY AND IMPROVEMENTS VIII. CONCLUSION Agenda Item No. SA January 15. 2008 Page 113 of 153 .., 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A January 15. 2008 Page 114 of 153 I. INTRODUCTION TR Transportation Consultants, Inc. has conducted a traffic impact statement for the proposed SDP submittal of the Lane Park CPUD as a commercial planned unit development. The site is located in the nOl1hwest comer of the intersection of Livingston Road and Radio Road within Collier County, Florida. The site location is illustrated on Figure 1. The proposed development is slated to contain 50,000 square f~,t of commercial uses. Access to the site is proposed via a right-in/right-out access to Radio Road and a right- in/right-out access to Livingston Road. This report examines the impact of the development on the surrounding roadways. Trip generation and assignments to the site access drive will be completed and analysis conducted to determine the impacts of the development on the surrounding intersections. II. EXISTING CONDITIONS The subject site is cUl1'ently vacant. The site is bordered to the n011h and west by existing industrial development. Livingston Road borders the site to the east. The southern boundary of the property borders Radio Road. Livingston Road is a six-lane divided roadway along the eastern boundary of the subject site. The minimum Level of Service (LOS) Standard for this roadway adjacent to the subject site is LOS "E". Livingstion Road has a posted speed limit of 45 mph adjacent to the subject site and is under the jurisdiction of Collier County. Page 1 , . POINCIANA ELfMENTAR) SCHOO rnl , .I ~ \ I]J< f3eir'J' Paw Courlt!y Club ~ )~;':l;i~~';_;:;i:;~i\~'1i~ ,}.~~~ ,,~,,'-'; , lVER' tGn :boat tif "In 1200 Q ~ !i of ~ ~ ~ a ...~~ (; If - if GREY OAKS ~~~I' ~ G!!J.;P' g I 0 !:, Janu ~ p . 3 ~ q. 1. ~" :Jil:'J.'~ '" ~~~11(\ ."'- ~ " '" -~ .~!:,~ - ~ll&;-Edt1!tmNtiW . .' l' -(~ I<,y Jj -- 886 ~ ~ o D ~ " ... o ~ ~ - ~ o :5 i 886 GOLDEN GATE P WV I Gvl (1-Gate Canal . _ ,;' _ Po; :;;~~.l,,~.;"t<.. '~f./~~~AmoI~Av;' './ ~X;;,~';-:~:~'~f:~~!t;~:7~};':"7- ,Sml Ma!t:os Blvd o ! .>< <-.~-, ";k~rC.inlii~'AV::r'~-~~,-~,; !' :i~'~~~ii';;,,:,~)i -;. :''''!.'')h'~;-:'<\,':','.;:~~;~:_, ~~~B~t~tfJAv~/~;r~ . v ~ o ST. CLAIRE SHOHES O! ~ .:; ~ ~ o ;i 34104 ~ z ~ '" ,,~ T(!t@2olu....~_ '" '" w :> . .a: utl SaI.ln 1: TRANSPORTATION K CONSULTANTS, INC PROJECT LOCATION MAP LANE PARK CPUD Figure 1 . \ 1:.. TRANSPORTATION K (ONSULTANTS,INC. Agenda Item No. 8A January 15, 2008 Page 116 of 153 Radio Road is a four-lane divided roadway that terminates at AirpOli Road to the west of the subject site. The minimum Level of Service (LOS) Standard for this roadway adjacent to the subject site is LOS "0". Radio Road has a posted speed limit of 45 mph and is under the jurisdiction of Collier County. III. PROPOSED DEVELOPMENT The SDP submittal for the Lane Park CPUD indicates the request to obtain the necessary building pennits to allow the construction of 50,000 square feet ofretail floor area. Table 1 summarizes the land uses utilized for trip generation purposes for the subject development. Table 1 Lane Park CPUD Land Uses In order to determine the access configuration for the subject site, conversations were held with the Collier County Transportation Planning Department. Based on our discussions with Staff, access can be provided to the proposed development via a right- in/right-out to Radio Road in addition to a right-inlright-out access to Livingston Road. It should be noted that the Livingston/Radio Road Commercial lnfill Subdistrict of the Collier County Growth Managcmcnt Plan restricts the access to this parcel along Livingston Road and Radio Road. Specifically, access to Livingston Road was restricted to a right-in/right-out and further restricted to the northern one-third of the frontage on Livingston Road. The driveway to Livingston Road proposed as a part of this submittal is in compliance with the Livingston/Radio Road Commercial lnfill Subdistrict language within the Collier County GIOwth Management Plan. Page 3 ., Agenda Item No. 8A January 15, 2008 Page 117 of 153 , ,..-- 1: TRANSPORTATION K CONSULTANTS, INC. IV. TRIP GENERATION The trip generation for the proposed development was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7th Edition. The trip generation of the proposed retail floor area was calculated based on Land Use Codes 820 (Shopping Center). According to the land use description for the shopping center use, "A shopping center is an integrated group oj commercial establishments that is planned, developed, owned and managed as a unit. A shopping center's composition is related to its market area in terms of size, location and type oj store. A shopping center also provides on-site parking facilities sufficient to serve its own parking demands. " Should the proposed Lane Park CPUD develop based on the retail floor area indicated within the proposed site plan, the retail development will function most similarly as a shopping center based on the ITE lanel use description. Table 2 outlines the anticipated weekday A.M. peak hour, P.M. peak hour and daily trip generation of the proposed commercial planned unit development. The trip generation equations for Land Use Code 820 are included within the Appendix ofthis report for reference. Table 2 Trip Generation Lane Park CPUD The commercial use shown in Tablc 2 will not all be new trips to the adjacent roadway system. lTE estimates that a shopping center use such as the one identified within this analysis typically attract an average of 34% of its traffic from vehicles already traveling the adjoining roadway system. This traffic, called "pass-by" traffic, reduces the development's overall impact on the sun'ounding roadway system but does not decrease the actual driveway volumes. Page 4 1:. TRANSPORTATION K CONSULTANTS,INC. Agenda Item No. 8A January 15.2008 Page 118 of 153 . , For this analysis, the "pass-by" traffic was accounted for in order to detennine the number of "new" trips the development will add to the sUl1"Ounding roadways. Collier County allows a maximum pass-by reduction of 25% for commercial developments such as the Lane Park CPUD. Table 3 summarizes the pass-by percentage for the shopping center use indicated within Table 2. Table 4 summarizcs the development traffic and the breakdown between the new trips the development is anticipated to generate and the "pass-by" trips the development is anticipated to attract. Table 3 Pass-by Trip Reduction FactOl'S Lane Park CPUD Table 4 Trip Generation - New Trips Lane Park CPUD Trip Generation 65 40 105 190 205 395 4,330 Less Shopping Cenler -15 -10 -25 -50 -50 -100 -1,080 Pass-by Traffic New Tri. s 50 30 80 140 155 295 3,250 V. nul' DISTRIBUTION The trips shown in Table 4 were then assigned to the sUlTounding roadway system based on the anticipated routcs the drivers will utilize to approach the site. TIle project distribution was determined based on the anticipated routes the drivers will use to enter/exit the site. The resultant traffic distribution is indicated in Figure 2. Page 5 . , " N w*, S N.T.S. GOLDEN GATE PKWY ..,. ..,f '" ~ .-- I.L ~ t r 15% gs .. CL a: <( SITE +45%+ t 30% .. ci ~ t ~ 20% ~ .. z :> :::i RADIO ROAD +35%+ DAVIS BLVD. LEGEND +20%+ PERCENT DISTRIBUTiON 1: TRANSPORTATION . K CONSULTANTS, INC. PROJECT TRAFFIC DISTRIBUTION LANE PARK CPUD t n " January 15, 20 Page 119 of 153 o > .....J o:l ~ <( (() a: <( (() t:: z <( (fJ Figure 2 1:.. TRANSPORTATION K CONSULTANTS,INC. Agenda Item No. 8A January 15. 2008 Page 120 of 153 " Based on the traffic distribution indicated within Figure 2, the development traffic was distributed to the site access intersections. Figure 3 indicates the site traffic assigmnent based on the project traffic distribution. VI. FUTURE TRAFFIC CONDITIONS In order to determine which roadway segments sun-ounding the site will be significantly impacted, Table lA, contained in the Appendix, was created. This table indicates which roadway links will accommodate an amount ofprojeet traffic greater than the 3%-3%-5% Significance Test. Therefore, the project traffic was compared with the Capacity for Peak Hour - Peak Direction traffic conditions as defined by the most recent Collier County Concurrency Spreadshcet. A copy of the most recent Collier County Concunency Spreadsheet is attached in the Appendix of this report for reference. Based on the information contained within Table lA, only Radio Road from Airport Road to Livingston Road will be significantly impactcd in accordance with the Collier County 3%.3%-5% Significance Test. Therefore, concunency link analysis was only required on Radio Road and Livingston Road adjacent to the subject site. In addition to the significant impact criteria, Table I A also includes a concurrency analysis on the Collier County Roadway network. The cunent remaining capacity indicated within Table lA was taken from the aforementioned Collier County ConculTency Spreadsheet. The project traffic was then subtracted from the remaining trips in order to determine the remaining capacity after the Lane Park CPUD traffic is added to the sUlTounding roadway network. Page 7 ~. " o '" o U. 1: TRANSPORTATION K CONSULTANTS, INC, enda Item No. 8A .Janua Y 10, Page 121 of 153 MARKET AVENUE 0' ~ '" ~ ~ ------ (110)25-.. t o ~ 0' ~ Cl ~ z o f- rJl (') Z ~ .J I ",I ~I "'I .~ 1 '\. 50 (150) ~I....-(-) (85) 25 ... DO I'-- ... ...... -- --- --....l{) 0 ;; ~~ J- .... 25 (65) (85) 25" LEGEND .... 000 WEEKDAY AM PEAK HOUR TRAFFIC .... (000) WEEKDAY PM PEAK HOUR TRAFFIC - INDICATES LESS THAN 5 TRIPS SITE TRAFFIC ASSIGNMENT LANE PARK CPUD S N.TS. RADIO ROAD Figure 3 1 1: TRANSPORTATION K CONSULTANTS,INC. Agenda Item No. SA January 15, 2008 Page 122 of 153 ., VII. PROJECTED CONCURRENCY AND IMPROVEMENTS Based upon the information contained within Table lA, sufficient capacity will be available on both Radio Road and Livingston Road after the addition of the Lane Park CPUD traffic. Figure 4 indicates the remaining capacity on Radio Road and Livingston Road in front of the subject site based upon the existing conditions as well as after the addition of the Lane Park CPUD traffic. As can be seen within Table lA and Figure 4, there will be available. capacity after the addition of the traffic associated with the subject development, so there are no concurrency issues on the Collier County roadway network. Intersection analysis was performed at the site access intersections to Radio Road and Livingston Road. The site access intersections were analyzed utilizing the latest version of the HCS+ software. The turning movements at the subject intersection were taken fi'om Figure 3 of this repOli. Additionally, the through volumes on Radio Road and Livingston Road were calculated by subtracting thc remaining capacity from the Level of Service Standard indicated within the most recent Collier County Concurrency Sprcadshcct. In order to assume a "worst case" intersection analysis, the peak direction through volume was utilized for the through movements in both directions on Radio Road and Livingston Road. Both site access driveways will only allow right in/right out turning movements. Attached in the Appendix of this report arc the resultant HCS+ data sheets. It should be noted that Livingston Road was assumed to consist of fOUI lanes for the intersection analysis due to the fact that IICS-I is incapable of analyzing six-lane highways at unsignalized intersections. In order to illustrate the results of the intersection Level of Service analyses, Table 5 was created. Page 9 ,., \ .-- N w*, S NT.S. GOLDEN GATE PKWY '- 0.4% .,. ~, o '" o u.. Cl <{ o 0:: Ii: o D- o:: <( Cl 0:: 'z ~ CfJ CJ Z ;; SITE~:::' . l590 (540) [440) 6.9% 0.8% 0.7% 2,517 (2,492) [2,407) 2.8% RADIO ROAD 590 (568) _ [520J 3.2% 2.6% 1.1% DAVIS BLVD. '"'C. TRANSPORTATION K CONSULTANTS, INC. LEGEND 000 CURRENT REMAINING CAPACITY (000) REMAINING CAPACITY AFTER AM PROJECT TRAFFIC [000] REMAINING CAPACITY AFTER PM PROJECT TRAFFIC 0.0% PROJECT IMPACT PERCENTAGE " em No. 8A January . Page 123 of 153 Cl ::; CD ~ <( CD 0:: <( CD <( I- Z <( (f) REMAINING CAPACITY ON SIGNIFICANTLY IMPACTED ROADWAYS Figure 4 LANE PARK CPUD L.. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A January 15. 2008 Page 124 of 153 Table 5 Lane Park CrUD Intersection LOS Anal sis Resnlts Davis Blvd (ill Site Access Livingston Rd a Site Access Based on the intersection analysis results indicated within Table 5, no intersection improvements. beyond tU111 lane modifications at the site access driveways will be required as a result of the addition of the proposed Lane Park CPUD development traffic. No site access intersection approach on a public roadway that is directly impacted by the proposed Lane Park CrUD dcvelopment is shown to experience an adverse impact as a result of the added devclopment traffic. Turn lanes will bc required as a result of the proposed Lane Park CPUD development. Per the agreement with County Staff; a southbound right turn lane will be necessary on Livingston Road at the right-inJright-out access location. This turn lane should lOonsist of a total of 240 feet of taper and deceleration distance. Due to the close proximity of the driveway to Market Avenue to the north, this driveway is being constructed with a 100- foot inner radius in ordcr to provide deceleration distance within the subjcct site. It should also be noted that I.ivingston Road tenninates 600 feet to the south of the proposed site access driveway, so it is likely that vehicles on Livingston Road will be traveling at a speed lower than 45 mph. The driveway depicted on the Master Plan should sufficiently serve the projected turning volumes from Livingston Road. As for the driveway to Radio Road, a westbound right turn lane already exists at the proposed right-inlright-out driveway. This turn lane is constructed to its maximum length of 170 feet due to the proximity to Livingston Road. No additional turn lane improvements will be required as a result of the proposed Lane Park CPUD. Page 11 Agenda Item No. 8A January 15. 2008 Page 125 of 153 . , ""C.. TRANSPORTATION K CONSULTANTS,INC. VIII. CONCLUSION The proposed Lane Park CPUD development located in the northwest corner of the intersection of Radio Road and Livingston Road within Collier County, Florida will not adversely impact the existing roadway network. The sUD"ounding roadway network was analyzed based on thc most recent Collier County Concunency Management System. Based upon the analysis contained within this repOl1, all roadway links impacted as a result of the added Lane Park CPUD traffic will function acceptably after the addition of the proposed development traffic. Therefore, no roadway link improvements will be required as a result of the proposed Lane Park CPUD development. Intersection analysis was performed at the site access intersections to Livingston Road and Radio Road as a result of this analysis. Based on the results of the intersection analysis, no intersection improvements will be required as a result of the addition of the development traffic. All intersection approaches at the site access driveways are shown to operate under acceptable Level of Service conditions when the development traflic is added. Turn lanes are required as a result of the proposed Lane Park CPUD development. A 240 foot southbound right tum lane on Livingston Road will be required at the right-inlright- out driveway. The deceleration distance is being incorporated within the subject site on the driveway due to the close proximity of Market Avenue to the nOl1h. No modifications will be required to tne existillg tUtTI lane on Radio Road at the site access location due to right-of-way constraints. No additional turn lane improvements will be required as a result of the proposed Lane Park CPUD development. \k\2006\04\14\rcport.Joc Page 12 APPENDIX Agenda Item No. 8A January 15. 2008 Page 126 of 153 Agenda Item No. 8A January 15. 2008 Page 127 of 153 , ~ _.. . , TABLEIA ..1 f- ,. Z <(0::>(") W ~ W -" 0::>0", U U <Il <n <n <n o~ u: :S '-~ ci ('\J '- 0: w w w "" >- >- >- z .0 => .. ~ "' <n (j E'-~ !!l .. 22:--- -ell Q) . ell :J OJ " ~I ,- a a uc '" z ~ f- a '" ~ CctlCL '" (j " '" CJ-, z u w w '" ~ I- ~ . OJ .. "" 0 <( a. .. '" :il '" '" ~ W '" a. m '" 0: (j " '" '" I- " -~ ~ % Z ~ W Z (j ... a a :ri ;;: :;; '" m ~ .. '" '0 C :i a. '" , => ~ '" .3 ~ !:2 " " " . U) 5 ~ .. >- 0 I- U ~ ...J % ,. 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'" I'- N ill I'- 0 0 ~ ~ ~ ~ ~ ,- N N N ~ ~ ,- ~ ~ ~ ~ ~ ~ ~ ~ <(CO coO -Q 2>- rn u !C QJ, Ol <( ';7 '" c U c '(jj <t: @2: rn<( '0", UN ~Ci ~ ~...-I J5 'CO'I.D L. 1-0 ~ ro 0 "'u EN co - 't -r:o~ aJ ..M.~1UVl B(lJZc\4- ~5{guo E.... 'S.::: Qj I.......J ~ 01 OJ > .~ co c.:t= (I) >-o.!!!.@J..J ro .- co.Y. .. cCU:V1.-tJ 'E' ..co Iii '" ...U 1-....... o t: .. .. .0 I- Q} 0 U ::l u..Vlf-UVl :L l> Z OJ C 'c ~ o 2: u o o (9 '" .!!1 -0 21 lD E ::l "0 > QJ l> .~ lD '" QJ E u !C QJ '" QJ '" rn OJ n: -0 2: co " 1il (9 C QJ "0 "0 (9 c o '" lD E ::l "0 > lD .2 C QJ '" lD E ~ .E Ol c :Q o .Q lD ro lD ~ c o .., rn ~ lD > C o l> ~ ::l o " "- ~ vi '" !C co .c f- '" o o C:1 <n :--- y' 'S; rn a: ., Agenda Item No. 8A January 15, 2008 Page 134 of 153 HCS+ INTERSECTION CAPACITY ANALYSIS Agenda Item No. 8A January 15. 2008 Page 135 of 153 ,~ RADIO ROAD @ SITE ACCESS " " " 0' TWO-WA Y STOP CONTROL SUMMARY ." January 15. 2008 D 010" ;"'1"; Generallnforniation Site Information Analvst RLP Intersection Site Access fa) Radio Rd - AgenCviCo. TR Transllortalion Consultants Jurisdiction Collier County Date Pertormed 811612006 o,nalvsls Year Buildout ii\nalvSis Time Period lAM Peak Hour Project Descr;;:;tlon F0604. 14-Lane Parf< CPUD East/West Street: Radio Road North/South Street: Site Access Infersection Orientation: Easl-West StudVPeriod (hrs): 0.25 Vehicle Volumes and Adiustments Malor Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1615 1590 50 Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 ;Hourly Flow Rate, HFR 0 1615 0 0 1590 50 ,(veh/h\ IPercent Heavy Vehicies 0 -- -- a -- -- Median Type Raised curb .RT Channelized 0 0 ILaoes 0 2 0 0 2 1 Configuration T T R Upstream Signal 0 0 IMinor Street Northbound Southbound Movement 7 8 9 10 11 12 , L T R L T R IVolume (veh/h\ 15 ,. - ~eak-Hour Factor, PHF 1.00 100 1.00 1.00 1.00 100 li;ouri;/Iow Rate, HFR 0 0 0 0 0 15 veh/h rOBrcont Heavy Vehicles 0 0 0 0 0 0 ~ercent Grade (%) 0 0 IFlared Approach N N .- Storage 0 0 n Channelized 0 0 fLanes 0 0 0 0 0 1 20nfiguration R ,Jelav:- Queue Lennth, and Level of Servica IApproach Eastbound Westbound Northbound Southbound Aovement 1 4 7 8 9 10 11 12 ILane Configuration R [" (veh/h) 15 ; (m) (veh/h) 335 Ivlc 0.04 r: 5% queue length 0.14 :ontrol Delay (s/veh) 16.2 ILOS C ,pproach Delay (s/veh) -- -- 16.2 ,,;pproach LOS - -- -- C - - ('."pyright@2005 University of Florida, All Rights Reserved HCS+fM Version 5.2 GencrLllod: 8f16fZ006 4:08 PM ^nMda item No. 8A TWO-WA Y STOP CONTROL SUMMARY January 15, 2008 Paoe 137 of 153 General Information Site Information "Ivst RLP Intersection Site Access7cil Radio Rd encv/Co, TR Transoortation Consultants urlsdiction Collier Counlv Date Pertormed 811612006 o.nalvsis Year Buildout ~nalvsis Time Period PM Peak Hour Proiect Description F0604. 14-Lane Park CPUD EastlWest Street: Radio Road North/South Street: Site Access I ntersection Orientation: East-West Studv Period (hrs): 0.25 Vehicle Volumes and Adjustments Maior Street Eastbound Westbound , Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1675 1590 150 Peak-Hour Factor, PHF 1.00 1.00 100 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 1675 0 0 1590 150 (veh/h) Percent Heavy Vehicles 0 -- - 0 -- -- Median Type Raised curb RT Channelized 0 0 Lanes 0 2 0 0 2 1 ,Configuration T T R Upstream Sional 0 0 Min or Street Northbound Southbound Movement 7 8 9 10 11 12 , , L T R L T R Jume (veh/h) 95 r'eak-Hour I"actor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 l~ourlY Flow Rate, HFR 0 0 0 0 0 95 veil/h) 'Oercent Heavy Vehicles 0 0 0 0 0 0 ~ercent Grade ('!oj 0 0 IFlared Approach N N : Storage 0 0 n Channelized 0 0 ILanes 0 0 0 0 0 1 ~onfiguration _..~.- - R -- ,Jelav, Queue Lenath, and Level of Service IApproach Eastbound Westbound Northbound Southbound ~ovement - 1 4 7 8 9 10 11 12 ILane Configuration R I" (veh/Il) 95 : (m) (veh/h) 335 Ivlc 0.28 , 5% queue length 1.14 ontroi Delay (slveh) 19.9 ILOS C ,pproach Delay (s/veh) -- -- 19.9 ,pproach LOS -- -- C -. -" ~"pyrjght @ 20GS University of Flcrlda, All Rights Reselved HCS+,M Version 5.2 GenerP.tted: 8116/2006 4:09 PM Agenda Item No. 8A January 15. 2008 Page 138 of 153 . '~., '~ ' LIVINGSTON ROAD @ SITE ACCESS ^~ Q ~. I'<>m ~1{1 RA TWO-WAY STOP CONTROL SUMMARY January 15. 2008 P~ae 139 of 153 , General Information Site Information J.A-<>aivst RLP Intersection Site Access @ Livingston Rd .l ncy/Co. TR Transportation Consultants Jurisdiction Collier County Date Performed 811612006 I\nalvsis Year Sui/dout IAna iysis Time Period ~M Peak Hour Project Description F0604.14-Lane Park CPUD . EasUWest Street: Site Access North/South Street: Livingston Road I ntersection Orientation: North-South Stud v Period (hrs\: 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound . Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1493 1483 15 Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Fiow Rate, HFR 0 0 25 0 0 0 (veh/h) Percent Heavy Vehicies 0 -- -- 0 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 2 0 0 2 1 Configuration T T R Upstream SiQnal 0 0 IMlnor Street Eastbound Westbound Movement 7 B 9 10 11 12 L_~ L T R L T R 'ume (veh/h) 25 cak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 liOUrlY Flow Rate, HFR 0 1483 15 0 1493 0 (veh/h) 'Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 IFlared Approach N N Storage 0 0 'n Channelized 0 0 ILanes 0 0 1 0 0 0 ~onfiguration R - - - . .Jelay, Queue LenQth, and Level of Service IApproach Northbound Southbound Westbound Eastbound ~ovement 1 4 7 8 9 10 11 12 ILane Configuration R I" (veh/h) 25 ; (m) (veh/h) 363 Iv/c 0.07 . 5% queue length 0.22 :ontrol Delay (s/veh) 15.6 ILOS C _,pproach Delay (s/veh) -- -- 15.6 'proach LOS -- -- C C'1pyrighl@2005 University of Florida, AU Rights Reserved HCS+™ Version 5.2 Generated: 8/16/2006 4:06 PM TWO-WA Y STOP CONTROL SUMMARY '0 ~.._. v. .. , J~nuary ,1,5. 2008 ("I f 1~? , General Information Site Information Analvst RLP Intersection Site Access aD Livinqston P ..' , Aaencv/Co. TR Transoortation Consultants Jurisdiction Collier County Date Performed 6/1612006 "nalvsis Year Buildout LA-naIVsis Time Period PM Peak Hour PrOTect Descriolion F0604. 14-Lane Park CPUD . EastJWest Street: Site Access INorth/South Street: Livinaston Road Intersection Orientation: North-South IStudv Period (hrs): 0.25 Vehicle Volumes and Adiustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume (veh/h) 1523 1483 40 Peak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 Hourly Flow Rate, HFR 0 0 110 0 0 0 (veh/h) IPercent Heavy Vehicles 0 -- n 0 -- -- Med Ian Type Undivided RT Channelized 0 0 ILanes 0 2 0 0 2 1 Configuration T T R Upstream Signal 0 0 - fMlnor Street Eastbound Westbound V10vement 7 8 9 10 11 12 L T R L T R !Volume (veh/h) 110 'eak-Hour Factor, PHF 1.00 1.00 1.00 1.00 1.00 1.00 l/,ourly Flow Rate, HFR 0 1483 40 0 1523 0 (veh/h) IOereent Heavy Vehicles 0 0 0 0 0 0 'ereent Grade (%) 0 0 IFlared Approach N N .. Storage 0 0 . n Channelized 0 0 ILan es 0 0 1 0 0 0 :onflguration R Jelav, Queue Lenath. and Level of Service !A'pproach Northbound Southbound Westbound Eastbound qovement 1 4 7 8 9 10 11 12 [Lane Configuration R I" (vehlh) 110 . (m) (veh/h) 363 !vie . 0.30 -5% queue length 1.25 ontroi Delay (s/veh) 19.2 ~OS C oproach Delay (s/veh) -- n 19.2 - npproach LOS n -- C ~ :;'oDyrighl@2005 Universily of Florida, All Rights Reserved HCS+ ™ Version 5.2 Generaled: 8/16/2006 4:05 PM Agenda item No. 8A January 15. 2008 Page 141 of 153 r \ , -.~ '. \' .' TRIP GENERATION EQUATIONS ,_._\ _."-- Agenda Item No. 8A January 15. 2008 Page 142 of 153 TRIP GENERATION EQUATIONS LANE PARK CPUD ITE TRIP GENERATION REPORT, 7(h EDITION -.-- Land Use Weekday AM Peak Hour I Weekday PM Peak Hour Weekday Shopping Center Ln (T) ~ 0.60~n (X) + 22<)J Ln (T) ~ 0.66 Ln (X) + 3.40 Ln (T) ~ 0.65 Ln (X) + 5.83 -- (LUC 820) -- --- T = Trips, X ~ 1,000 sq. ft. of GLA ! c..._ 2007 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P14073 Entity Name: CCPP, ING. F bFI2l3~_tem No. 8A e , r 15.2008 Secretary 0 ~El3 of 153 ~urrent Principal Place of Business: New Principal Place of Business: 1100 FIFTH AVENUE SOUTH STE 201 NAPLES, FL 34102 US Current Mailing Address: New Mailing Address: 1100 FIFTH AVENUE SOUTH STE 201 NAPLES. FL 33940 US FEI Number: 59-2155256 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: CORPORATION COMPANY OF MiAMI % SHUTTS & BOWEN 201 S BISCAYNE BLVD MIAMI. FL 33131 US The above named entity submits this statement for the purpose of changing Its registered office or registered agent. or both, In the State of Fiorida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONSfCHANGES TO OFFICERS AND DIRECTORS: Ie: dme: Address: City-51-Zip: so ( ) Delete CONNOR, SYLVIA 3531 BONITA BAY BLVD #300 BONITA SPRINGS, FL 34134 Tille: Name: Address: City-SI-Zip: ( ) Change ( ) Addition Title- Name: Address: City-51-Zip: PTD ( ) Delete WANKL YN. JOHN A 1100 FIFTH AVENUE SOUTH #201 NAPLES,FL 34102 Tille: Name: Address: City-SI-Zip: ( ) Change ( ) Addition I hereby certify that the Information supplied With thiS filing does not qualify for the for the exemptJon stated In Chapter 119. _Florida Statutes. I further certify that the Information indicated on this report or supplemental report IS true and accurate and that 'Y electronic signature shall have the same legal effect as if made under oath. that I am an officer or director of the corporation or Ie receiver or trustee empowered to execute thiS report as required by Chapter 607. FlOrida Statutes; and that my name appears above. or on an attachment with an address, with all other like empowered. SIGNATURE: JOHN A WANKL YN Electronic Signature of Signing Officer or Director p 0212312007 Date Agenda Item No. SA January 15, 2008 Page 144 of 153 EXHIBIT A FOR LANE PARK COMMERCIAL PUD Regulations for development of the Lane Park CPUD shall be in accordance with the contents of this CPUD Ordinance and applicable sections of the LDC and GMP in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Accounting, auditing, and bookkeeping services (group 8721). 2. Apparel and accessory stores with 5.000 square feet or less of gross square floor area in the principal structure (groups 5611 - 5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (group 5531). 4. Automotive services (group 7549) except that this shall not be construed to pennit the activity of "wrecker service (towing) automobiles, road and towing service." 5. Barber shops (group 7241), except barber schools. 6. Beauty shops (group 7231), except beauty schools. 7. Business services (groups 7311, 7313, 7322-7338, 7361 - 7379, 7384, 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, pipeiine or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 8. Child day care services (group 8351). 9. Churches and other places of worship. 10. Civic, social, and fraternal associations (group 8641). i I. Depository institutions (groups 60] 1-6099). i 2. Drinking places (group 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of the Land Development Code (LDC). Page lof8 Revised i 2-2 ] -07 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Agenda item No. 8A January 15. 2008 Eating places (group 5812 only). All establishments engaged in the reWIJM1t\!'tiff 153 alcoholic beverages for on-premise consumption are subject to locationa1 requirements of the LOC. Educational services (groups 8211-8231, except regional libraries). Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411-5499). Gasoline services stations (group 5541 subject to the LOC). General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331-5399). Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (group 5251). Health services (groups 80 II - 8049, 8082). Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712 ~ 5736). Insurance carricrs, agents and brokers (groups 6311-6399, 6411). Legal services (group 8111). Management and public relations services (groups 8741 - 8743, 8748). Membership organizations (groups 8611. - 8699). Miscellaneous repair services (groups 7629 -- 7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). Miscellancous retail with 5,000 square feet or less of gross floor area, (groups 5912 ~ 5963 except pawnshops and building materials, groups 5992 ~ 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). Museums and art galleries (group 8412). Nondepository credit institutions (groups 61 i 1 - 6 i 63). Offices for engineering, architectural, and surveying services (groups, 0781, 8711 - 87i3). Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (group 5231). Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 72 i 2, 7215, 72 I 6 non industrial dry cleaning only, 722 i- 7251, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). Photographic studios (group 7221). Physical fitness facilities (group 7991). Public administration (groups 9111 - 9199,9229,9311,9411 - 9451, 9511 - 9532, 96i I, 9661). Real estate (groups 6531 - 6552). Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (group 5261). Security and commodity brokers. dealer, exchanges and services (groups 6211 - 6289). Shoe repair shops and shoeshine parlors (group 7251). Transportation services (group 4724), travel agencies only. United States Postal Service (group 4311 except major distribution centers). Veterinary services (groups 0742, 0752 exciuding outside kenneling). 30. 31. "7 -)..... 33. 34. 35. 36. 37. 38. 39. 40. 41. Page 2 of8 Revised 12-21-07 Agenda Item No. 8A January 15, 2008 42. Videotape rental with 5,000 square feet or less of gross floor area in thE'<prin14jlalf 153 structure (group 784]). 43. Any other commercial use or professional services which are comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are associated with activities conducted in an office. 44. Any of the foregoing uses that are subject to a gross floor area limitation shall be penmitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 45. Any other commercial use which is comparable in nature with the foregoing list of penmitted uses and consistent with the penmitted uses and purpose and intent statement of the district, as determined by the Board of Zoning Appeals. PROHIBITED USES: B. Principal Uses: i . Am usements and recreation services (groups 7911, 7922 cOmmunity theaters only, 7933 7993,7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Homeless shelters, as defined by the LOC. 3. Social services (groups 8322-8399). 4. Soup kitchens, as defined by the LOC. Page 3 of8 Revised 12-2] -07 EXHIBIT B FOR LANE PARK COMMERCIAL PUD Agenda Item No. 8A January 15, 2008 Page 147 of 153 DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SOP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for detennining development standards. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUMLOT WIDTH 75 Ft. N/A MINIMUM YARDS (External) Livingston Road 50 Ft. SPS Radio Road 25 Ft. SPS Market Avenue 200 Ft. N/A Other Perimeter Parcel Boundary Greater of ] 5 feet or \I, height N/A of structure MIN. DISTANCE BETWEEN Greater of 15 feet or \I, of the N/A STRUCTURES sum of the building heights MAXIMUM ZONED BUILDING HEIGHT Retail Buildings 35 Ft. N/A Office Buildinl!s 35 Ft. N/A MAXIMUM ACTUAL BUILDING HEIGHT 50 Ft. N/A MINIMUM FLOOR AREA 700 Sq. Ft. · N/A MAX. GROSS AREA 50,000 Sq. Ft. N/A MAX. NUMBER OF STORIES 3 Stories N/A . per principal structure, on the finished first floor. ADDITIONAL DEVELOPMENT STANDARDS MAX. LOT COVERAGE 30% of entire parcel PRESERVATION REQUIREMENT 0.45 Acres SITE LIGHTING Light poles prohibited except to meet lighting requirements at entry/exits Page 4 of8 Revised 12-21-07 Agenda Item No. 8A January 15. 2008 Page 148 of 153 EXHIBIT D LEGAL DESCRIPTION FOR LANE PARK COMMERCIAL PUD Lot 27, COLLIER COUNTY PRODUCTION PARK, PHASE 1 B, as recorded in Plat Book 15, Pages 7 and 8 of the Public Records of Collier County, Florida. and Tract A. COLLIER COUNTY PRODUCTION PARK, PHASE 3A, as recorded in Plat Book 22, Pages 59 and 60 of the Public Records of Collier County, Florida. Page 5 of8 Revised 12-21-07 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC FOR LANE PARK COMMERCIAL PUD None requested. / This page intentionally left blank. Page 6 of8 Revised 12-21-07 Agenda Item No. 8A January 15. 2008 Page 149 of 153 EXHIBIT F LIST OF DEVELOPER COMMITMENTS FOR LANE PARK COMMERCIAL PUD Agenda Item No. SA January 15. 2008 Page 150 of 153 TRANSPORTATION I. The owner / developer acknowledges that access points depicted on the CPUD Master Plan shall be re-evaluated by Collier County at the time of site development plan (SDP) application and are subject to change. 2. The owner / developer shall provide a 30-foot wide non-exclusive frontage ingress-egress easement parallel to Radio Road to the County and the owner of the parcel abutting the southern parcel of the subject property subject to easements of record when and if requested by the County. Additionally, the owner / developer shall construct interconnection improvements over the subject property should such an interconnection be required at the time of SDP application by applicable Land Development Code (LDC) development standards or applicable County ordinances. 3. Site access will be limited to a maximum of one access point from Radio Road and one access point from Livingston Road. Any Livingston Road access point shall be within 250 feet of Market A venue. 4. Payment in lieu of sidewalks along the Livingston Road and Market Street frontages shall be required. The amount shall be determined utilizing FDOT's 2004 Transportation Cost Estimates, as amended. The payment shall be provided prior to the issuance of the initial SDP approval for all or any portion of the subject property. 5. All off-site improvements including but not limited to turn lanes and sidewalks shall be completed prior to commencing site construction. 6. The owner / developer shall pay the project's "Fair Share" contributions for roadway improvements as may bc required at the time of SDP application as determined by applicable LDC provisions and/or policies established and approved by the Board of County Commissioners by resolution or ordinance. 7. Nothing in any development order (DO) shall vest a right of access in excess of a right- inlright-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action against the County by the developer, its successor in title, or assignee. 8. I f any required turn lane improvement requires the use of existing County R ights-of- Way or casements(s), then compensating Right-of- Way shall be provided at no cost to Collier County as a consequence of such improvements. 9. Site-related improvements (as opposed to system-related improvcments) necessary for safe ingress-egress to this project shall not be eligible for impact fec credits. All rcquired improvements shall be in place and available to the public prior to issuance of the first CO. Page 70f8 Revised 12-21-07 Agenda item No. 8A January 15. 2008 Page 151 of 153 10. On written request by Collier County, the developer, or its successor in interest, at its sole cost, shall promptly reduce the Radio Road access to a right-in only condition, with no claim whatever against Collier County. Page 80f8 Revised 12-21-07 cpun I AND USF EXHIBIT "e" .... .....,....""""""" , . ~ SPACE 4e.3lll 4 """'........... . IIlIUlINO .... lOT'" GENERAL N015: .!'C.) . ..... .... .... ..... a.ao 10-'" !l.27:6: ,""" to AQliIE4GE" IS PREllMINARY AND SUB.ECT ro QiANGE ro ADORfSS PE1ffIIT11HG ISSUES. PROGRAMMING REFINEMENT AND MARKET RJRa:s. HOIIElER, (PEN SPACE SHALL NOT BE REDUCED ro LESS 1HAN.J(W AND 0fCAJEZ) P'RfSBi'\If" AReA SHALL NOT BE lESS 1HAN o.-M Ac::RES. 2. THERE ARf ~01 ACRES (F NA D\If" \If"GETA TION IHICH ARE NOT ENCUItIBERED BY DlWNAGE" CASEMENTS. .101 AC X fS1f RETENnON/CREA TION R8JUIREIIENT - 0. ~ AewES. 0. 4::t ACRES OR ItPPROJIJMAlElY 6BS (F RBJUIREJ/ENT. SHALL 8C GWl:04JEZ) ~ AS DEPiCreD ON MAS'fm PLAN AND ARE DEPlCreD O~ H'tfJR/C SQILS. THE BALANCC SHItLL BE LOCA7E:D A T THE 1JME OF THE /NIDAL SOP APPI.JCA T1ON. :J. SITE INGRESS AND EGRESS SHALL BE UM17FD ro RlGHT-IN AND RIGHT-OUT DRI\E'WAYS GENERALLY LOCA7ED AS DEPlC7FD. e-. l) ~ &.; rQ q ~ ~ ~ ~~ ~~ t:l..;-....:.. '"4'"4 ~~ ~~ gsgs " ~~ ~~ RAR ~~AI F' g" ,. ., Agenda Item No. 8A January 15. 2008 - < " f 153 OF _ nRAINAGF FACSUFJ.IT ..,. SPEaAL NOTE: CONCEPTUAL SITE PLAN IS INTENDBJ TO BE Fl.EXIBLE. BUT ItJUST BE COMPUANT WITH CPUD DEVELOPIIENT STANDARDS MARKET A VENUE .1".~~!!J.!.:f'I...I-I!I.j. _ .,..,............-:'!o- . . r'l::::;:::::::::::::;:::::::::~"'" L . ("'~iii.-:im""':;r : - : . : -_' ~::PRESERVE' .tc ::1"..... !. .~:: WAlER ::r".... III. .f.:MANAGEMENT.:r".... .. - '::AREA O.~%Ac::'.'.' ~. .t;:.. .~~~ct8<f.. ::1.... ~: :tmIIEf~:: ~- : ,. . . . . . . . ........... .. -.. . . .. . . .. ... '..I'I!I~~l~~!-~..~..J~.>>>>>. r~~ . ....~ A .. . .. .. . . . . . . . .. . . ... ~..... .-. ...............- . .......-. -. .. . . ..' ". i:- ~-: ~:- I- i'~ -.~ I.!'t,; ij.:;;j ~:~ .. ii.!=:l _.~ !.t:l..; 1':"1: -'CJ ~1II.t/:l q~!=::I .~ ~~~ ~ . '"4. tJ:ii . I ~~. ~~ ~ . ~III~' c~q: .. . . . . ii.' -'. . i.........- _..-.... ,.,.' + - ................. ................. ................................... ................. .................. ................................... ................. ................. ................................... .................................. ................................... ................. ................. ................................... ................................... ................................. ....................... ...................... .......... ................................... ................. ................. ................................... .................................. ................................... ................. ................. ................................... .................................. ................................... .................... ~ HI': ~ ~ ~ II + - 190' 230' II .'~'. ::~:: ::~ :- .~ - . !=:l:- :~::: .:"1:'- . CJ.'. .t/:l.-. , !=::I':- '~'.' ':s'" :~::: -~-:- 'q'.- ~ C3 ~~ I 2; 400' "a !E-. CI) ~ ~ ::::.: ~ H -i'iiir~-tAin --J~86'J RADIO ROAD ~,~ s - --...... UJlE p~JlIC CPDD ..... .IlUD .-r ~ -~~- --- PLANNING DEVELOPMENT INCORPORATED ~COlSt.trNim~PINIt€R3~~~ _c:-...olllnl;lIlII!II'~lWUlLft.(8lAaoJUII! --.-.-.-.-- . hi )~O I · # ORDINANCE NO. 08,_ AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCUJDES 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 11ffi INDUSTRIAL (l) ZONING DISTRICT TO 11ffi COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE LANE PARK CPUD LOCATED AT THE NORrnwEST CORNER OF RAD[O ROAD AND UVINGSTON ROAD, IN SECTION 36, TOWNSHIP 49 SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 5.27'" ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michae[ R. Fcmandez, of P1aDning Dev. lne., representing Rodio Road Joint V cnture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, TIIEREFORE BE IT ORDAINED BY 11ffi BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE: The zoning elBssification of the herein described real property located in Section 36, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Industrial (l) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District for the Lan<: Park CPUD in occordance with Exhihits A through F attached hereto and incorpo_ by reference !=in. The appropriate zoning atlas IIIlIp or maps, as described in Ordinance Number 2004-4[, as amended, the Collier County Land Development Code, is hereby lIIIICIlded occordingIy. SECTION lWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of .2008. ArrEST: DWlGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Cieri: CHAIRMAN Approved as to form """ legal sufficiency: Maljorie M. Student-Stirling Assistant County Attorney Agenda Item N 8A January 15. 08 Page 153 0 153 i