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HEX Agenda 10/10/2019 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,OCTOBER 10,2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N.HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PDI-PL20190001616 - Livingston Professional Center, L.L.C., requests an insubstantial change to the Hiwasse CPUD, Ordinance Number 04-75, as amended, to reduce the southerly setback along Eatonwood Lane from 24 feet to 22 feet in order to correct a survey error. The subject property is located on the west side of Livingston Road, approximately one-quarter mile south of Pine Ridge Road, in Section 13,Township 49 South, Range 25 East, Collier County, Florida,consisting of 12.5+/-acres. [Coordinator: Timothy Finn, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A Cn er C014vIty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 10, 2019 SUBJECT: PDI-PL20190001515; HIWASSE CPUD PROPERTY OWNER/AGENT: Owner: Livingston Professional Center, L.L.C. 719 Hickory Blvd. Naples, FL 34108 REQUESTED ACTION: Agent: Robert J. Mulhere, FAICP, Vice Presidem Hole Montes, Inc. 950 Encore Way Naples, FL 34110 The petitioner requests that the Hearing Examiner approve an insubstantial change to the Hiwasse CPUD, Ordinance Number 04-75, as amended, to reduce the southerly setback along Eatonwood Lane from 24 feet to 22 feet in order to correct a survey error. GEOGRAPHIC LOCATION: The subject property is located on the west side of Livingston Road, approximately one-quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida. (see location map on page 3) PURPOSE AND DESCRIPTION OF PROJECT: In 2004, the 12.5 acre property was rezoned from Rural Agricultural (A) Zoning District to "PUD" Commercial Planned Unit Development (CPUD) pursuant to Ordinance 44-75 allowing a maximum of 91,000 square feet of professional office area in a building containing a maximum of 200,000 square feet of indoor -self storage area with a maximum zoning height of three (3) stories or thirty-five (35) feet. In 2008, several amendments to the PUD document were memorialized via [19 -CPS -0 192911499584111 PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 1 of 9 Ordinance 08-34. These amendments included modifications to the landscaping, architectural and site design standards, transportation standards, water management requirements, the revision of the master site plan, the addition of a deviation, the addition of a cross-section study and landscape detail, and the addition of an architectural schematic. In 2018, the property owner applied for an insubstantial change to the CPUD reducing the front yard setback, revising a development commitment relating to transportation, adding two new development commitments relating to utilities, adding two new deviations relating to landscaping and buffering, removal of one deviation relating to sidewalks and bike paths, modification of plant material notes in Exhibit "C" of the PUD document, and the revising of the Master Plan. These changes were memorialized via Hearing Examiner Decision No. 2018-01. In 2019, it was discovered that there was a field survey error made on this property in 2002. The PUD is currently in its final phase of development, with only buildings 4, 5, and 6 of the Naples Motor Condo (phase 2) left to be constructed. As construction of these final three buildings was to commence, and building corners were being field located, a survey error was detected. It was discovered that, in 2002, the southerly corner property pins were placed 5 feet south of the actual property line. The error was not discovered until mid -2019, when the corners of the proposed southerly most building (Building 6) were being field located. The legal description for the PUD is correct, the error was only in the field placement of the southerly corner pins, which resulted in the southerly boundary on the approved site plan being depicted 5 feet to the south of where it actually is (see Exhibit 1 below, depicting the incorrect property line and the actual property line). (See Attachment B, for larger rendering) { DB -77 BUILDING 6 ... I 0 ■. D.5 tet` ; D 09' (BLDG TO C U E-) F"E - . - - -- _ _____ __i __I— DB -fl i P1 I 7. (FFR AIN TO BLDG ) f� II 667' (FORCELIAIN TO EDGE OF C U Etd ) i I i 1 1 _1___ `-770. CHAIN UMC FENCE , EX +5- ADS DB -1D E% POKR POLE ' ` Ex 15 A.D.S. E' -E,.E r—. .. ,,. E A T O N W O Q D LANE Symbol Description 93 COMMUNICATION SERVICE PEDESTAL —'T 'li�f% 1� METAL POLE WITH LIGHT - ---------- _____ _____ ___- ' ; SANITARY MARKER/FLAGGING NAPLES MOTOR CONDOS -PHASE 2 ACTUAL BOUNDARY LINE 7004 INCORRECT BOUNDARY UNE I - 1 I --am �I Exhibit 1: Revised Building 6 Design and Interface with South Property Line (Eatonwood Lane) [19 -CPS -01929/1499584/1] PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 2 of 9 Correcting this error necessitates a multifaceted remedy, including: 1) Redesigning building 6 (reducing building width by 3 feet). This makes up three feet of the five-foot error, and also moves the building out of the 15 -foot County Utility Easement (CUE). (See Exhibit 1, above). Due to the required minimum 50' space separation between structures, the maximum amount of reduction of the building width that could be achieved through redesign and still retain a functional/usable building size was 3 feet. 2) Reduce the required setback from Eatonwood Lane from the currently required 24 feet to 22 feet. This makes up the other two feet of the five-foot error such that all required improvements are located within the actual property boundary. This PDI petition is being requested solely for the purpose of reducing the required southerly setback along Eatonwood Lane from 24 feet to 22 feet. The change occurs in three places: 1) In the CPUD Document (See Attachment A, Section 5.5 Development Standards, strikethrough/underline) 2) The CPUD Master Plan (See Attachment A, CPUD Master Plan, Exhibit "A", dated 7-19-19) 3) The Eatonwood Lane and Florida Power & Light (FPL) Easement Interface Exhibit (See Attachment A, Exhibit A-1, Eatonwood Lane and FPL Easement Interface Exhibit, dated 7-18-19) This PDI is but one step of a number of required steps necessary to remedy this error. As such, the following approvals will be sought to be reviewed simultaneously with the PDI: 1) An SDP Amendment reflecting the revised building design and related revisited architectural renderings. This will include a deviation request from the required structure setback of 10 feet from a force main to allow the redesigned building to be +/-6.7 feet from the force main at the closest point. The force main was installed 6.67 feet from the northerly edge of the 15 -foot CUE, and even under the approved site plan the building edge would have been closer than 10 feet. The 10 -foot structural setback from a force main was adopted in August of 2018 (prior to that it was 5 feet). Thus, a deviation is necessary. The SDP Amendment will also require the execution of a standard use document for building perimeter plantings. 2) A building permit revision will also be necessary to reflect the building redesign. Intentionally blank [19 -CPS -01929/1499584/1] PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 3 of 9 X -U (Dv_ _. (f)-0 CD r a N Cf) O 7 -- CD CD p i (D O (� 0 o b — v = N N mC 000 c � v� Pine Rid a RD PROJECT p LOCATION Location Map P PUD RELATED GROUP BALDRIDGE CPUD .J . 1'OOD : SITE TER LOCATION Petition Number: PL2O190001616 Zoning Map i .. r OOL� PRESERVE KENSING HAMMILTON ACE PARK - -R D - PUD P w._y,: w } c a..rst • cart E �erw.t r RLfNGT �. i LAKES T EVANS NAPLES CPUD CPUD CHURCH OF MPUD CHRIST Petition Number: PL2O190001616 Zoning Map SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the Hiwasse CPUD: North: Multi -family residences (The Related Group PUD); maximum density: 7DU/A East: Livingston Road ROW, across from which are single family residences (Brynwood Preserve PUD); maximum density: 7DU/A South: Eatonwood Lane ROW, across from which is an undeveloped tract of the Kensington Park PUD, currently being used for agriculture; maximum density: 1.6 DU/A West: Single family residences within the Kensington Park PUD; maximum density: 1.6 DU/A [I 9 -CPS -0 1929/ 14995 84/11 PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 5 of 9 STAFF ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Hiwasse CPUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment D for the complete report from Comprehensive Planning staff. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space), or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. [I 9 -CPS -0 1929/1499584/1 ] PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 6 of 9 e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, there will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI. [I 9-CPS-01929/ 14995 84/ 1 ] PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 7 of 9 k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed changes do not affect the original analysis and findings of the original PUD application in Petition PUDZ-03-AR-3561. An excerpt from the staff report prepared for that petition is attached as Attachment C that contains the PUD Findings of Fact from Petition PUDZ-03-AR-3561. DEVIATION DISCUSSION: No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING (NIM): A letter of no objection was received on September 17, 2019 from Kensington Park Master Association, Inc; therefore, the NIM was waived. (See Attachment E) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on September 24, 2019. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20190001616. Attachments: A) Hiwasse PUD document Modifications B) Proposed Building 6 Modifications C) PUD Findings of Fact D) FLUE Consistency Review dated 8-15-19 E) Letter of No Objection/NIM Waiver F) Application/Backup Materials [I 9-CPS-01929/1499584/1 ] PDI-PL20190001616 Hiwasse CPUD Revised: September 27, 2019 Page 8 of 9 PREPARED BY: Z 21 119 TIMOTHY FINN, MCP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMO D P. B OWS, ZONING MANAGER DATE ZONINGkDYNSION S FRENCH, DEPUT DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT [ 19 -CPS -01929/1499584/1 ] PDI-PL20190001616 Hiwasse CPUD Revised: September 19, 2019 Page 9 of 9 Attachment A 5.5 DEVELOPMENT STANDARDS A. Minimum lot area — 20,000 square feet S. Minimum lot width —100 feet C. Minimum yard requirements: 1. Front yard: Livingston Road -25 feet, measured from the PUD boundary. Eatonwood Lane ---24 22 feet, measured from the PUD boundary. 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. KU00112001076\WPlPDI 2019MM-21-20191Iiiwasse PUD (PDI-PL20190001616) (8-21-2019).doax PUD KENSOCTON PARK DEVELOPED REGIDEAMAL AND GOLF I-- -------------- — ---- -- — ------- — — ----------- — -- -- — ----------------------------- ---- — ------- c — ------------- — ---------------------- --- — --- ----------------------- — — E 7--7-7 -- Fi WAM GRAVY .. . . . . . . . . . . MAMAiSENAM' ANEA* IRED&' . A IRED &- --------------------- Ll I - 4, :4 a IN 1.!:f v F 477, nil -ff- M Mr N" 7--K- "a _7 2m S.- r MK LOT AREA 206000 S.F. MIN- LOT WIDTH 100 FEET MA)3dUM HEIGHT35 FEET MIN. FLOOR AREA 1000 SS:(GQROUNO, DISTANCE BETWEEN STRUCTURES 15 FEET MIN. BH ON SAME PARCEL OR 50 --TWEEN INDOOR MIN. YARD REOUIREMENTS:- & FRONT YAFIO Ll%lNG=25 FEET, MEASURED FROM THE PUD BOUNDARY. EATMWDj�– 24 FEET, MEASURED FROM THE PUD BOUNDARY. SIDE YARD 15 OR 0 FEET ADJACENT To THE FPL EASEMENT, REAR YARD FEET OR 0 FEET ADJACENT To THE FPL EAsamm. a A 11 A FPL EASEMENT AREA = T.55 +I- ACRES +/- of Total Silm Arm DEVELOPMENT AREA = 4-97 +1- ACRES (40% aM Site Area DOES N UDE OA8 4- ACRES OF TYPE 8 BUFFER WITHIN THE FPL EASEMENT APPROXIMATE TOTAL AREA OF SITE = 12.52 ACRES (100%) MAXIMUM BUILDING HEIGHT FOR PROPERTY IS 36. THE WATER MANAGEMENT AREAS ( 1140 t) MAY 13E LOCATED VATtON THE FPL EASEMENT. PLEASE SEE SECTION 4.17 c. 2 OF THE CPDD ORDINANCE. wiv — ------- HapkwFl--Mll0 CPDD MASTER PLAN 1076PUD %LO65-1 HOIFNMONTES^va (mll2s4-2m — THE HIWASSE CPDD EXHIBIT "A"ml _ -- 2001.076 sc, DATED 1/24/18 T or --------------------------------------- ------------------------------------- ----------------------- ----------------------------------- -------------------------------------------------- _ - --- ;, ----------------------------- LIVINGSTON ROAD IPUBLICI PUO DAR1%, 12*DE EXISTING COMPENSATING R.O.W. 4-15 WIDE TEMPORARY C.U.E. — __—_-- --""— =r-=-- ----- 25' SETBACK 25' SETBACK S4' BLDG. 4 FUTURE 10'WIDE ASPHALT SIDEWALK/ 3IXEPA'M ! l u NOTE✓ �� E /1 EXACT LOCATIONS OF PROPOSED EASEMENTS AND T— SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS MAY VARY BY MUTUAL AGREEMENT OF COLLIER COUNTY AND THE DEVELOPER 1OWDE L.B.E ' F ii 1 1 M :. FL s34i Way EXISIT A-1 -- 107 4887-01 t'g) ?542000 HIWASSE P.Ii.D. a�R Pham: FIa,AaCwe.W.of EATONWOOD LANE and FPL k4CWTESEASEMENT INTERFACE EXHIBIT 20o1.o7e 1 p —--- _ _ --- ---------- ----- ------------------—DOSTWG 8_F.M.iI , i Ll ! I• t E V WIDE LB.E. ZWAe— l5 !tBLDG. 5734 it .� ,t �' NO BUFFER REWIRED; It f: t (1 � //Vice� "�. �) la 1: 8 REWIRED 1 jli i is 15'WDE C.U.E. — 24' SETBACK g5EA1T — A. -------- I Il t o tl i 1 l i 1 W r! j �r i 2rVfiDEc- FUTURE COUNTY 24'FOR( MAIN ! 77, 1 ! 1 0 1 it 1 REQU 151MDE C.U.E1 I i O i E NIDE STABILIZED 20'WIOE STAIILIZI \ \ 10'WIDE L.B. 'I ,� ~it jIj FPL ACCESS FPL ACCESS Q ,t ,JI REWIRED �\ I I ii A15'MADE C.U-E. ! l u NOTE✓ �� E /1 EXACT LOCATIONS OF PROPOSED EASEMENTS AND T— SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS MAY VARY BY MUTUAL AGREEMENT OF COLLIER COUNTY AND THE DEVELOPER 1OWDE L.B.E ' F ii 1 1 M :. FL s34i Way EXISIT A-1 -- 107 4887-01 t'g) ?542000 HIWASSE P.Ii.D. a�R Pham: FIa,AaCwe.W.of EATONWOOD LANE and FPL k4CWTESEASEMENT INTERFACE EXHIBIT 20o1.o7e 1 n u p II n ° ° n X711 ( II i d II 1 0 ---- PUD KENSINGTON PARK ! DEVELOPED- RESIDENTIAL _AND -GOLF ------- II II I II —.—BU — & - " �EXISTING SRTOIAG-- TYPE "BFFER (15')GRAVEL )DWATER AA . - . . . . -MANAGEMENT TYPE V BUFFER (10') ° ° p PUD ° II II KENSINGTON PARK N r MAXIMUM HEIGHT d� ( MAINTENANCE 1000 S.F.(GROUND FLOOR) e BLDG. I NO BUFFER REQUIRED --4, OR 50 FEET MIN. BETWEEN INDOOR o ®(DEVIATION 'A') (155' -EAST/WEST) 9 r ----------------- PUD ARLINGTON LAKES #ZEQUII2ED 6 -15C.U.E. . 235' FPL.EASEIMENT REQUIRED i� .�r',S�'1s;.' ;_r d.1Ee$',ti...dz'�'Lla:m• :....W3Px°�'Fa.v,�H3'�;F53.s.e>�"-'"3.u'-n"E.�L�..^. s%�.;.:u N;nr......:...... .x ---- - —_--________________—_--_ __--______ 7------ 15'C.U.E.®' - . . ®' WATER MANAGEMENT. AREA * II r7 CJT I Ir I 1 PUD II 11 n ( LA COSTA APTS. I SECONDARY ACCESS TO -LA COSTA (PRIMARY ACCESS OFF PINE RIDGE ROAD) ACCESS TO COUNTY DETENTION -__ POND DETENTION TYPE 'A"-,1 POND BUFFER .. TYPE -D" BUFFER (15') OR ROPOSED TURN LANE TYPE "D" BUFFER (15') TYPE W BUFFER (15')**__________________________<______--_____________________>____________________>- _----------------- - - — - -— __----- --__—=_ --=_______________===s_====_____----=-a==____--- LIVINGSTON ROAD ------------ -- IACCESS CLOSED PER COUNTY j ZONED : A I PUD PUD ( DEVELOPED RESIDENTIAL ) DEVELOPMENT REG LATIONS: ( VACANT 1 MIN. LOT AREA 20,000 S.F. MIN. LOT WIDTH 100 FEET MAXIMUM HEIGHT 35 FEET MIN. FLOOR AREA 1000 S.F.(GROUND FLOOR) DISTANCE BETWEEN STRUCTURES 15 FEET MIN. OR 1/2 BH ON SAME PARCEL ® P" .AAI' 2917 OR 50 FEET MIN. BETWEEN INDOOR •A 1511PE .' SUFFER RELOCATED PER 9CC STORAGE BUILDINGS MIN. YARD REQUIREMENTS: e e FRONT YARD LIVINGSTON ROAD - 25 FEET, MEASURED FROM THE PUO BOUNDARY. EATONWOOD LANE Q22 FEET, MEASURED FROM THE PUD BOUNDARY. ® SIDE YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. ® REAR YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. A REM4 PER POr DAM 719/19 7/19/19 A Post HE]( HEARMO REM90NS 1/z4/ta ® POST HER HEARNO REM9ON5 1/17/19 ® REM999 s WOOLS ULM= PM W MN ATWIaEY 11/19/17 ® TW MOOF1G719H5 9/29/17 ® ALL T ENLARGED PER COIMT' A710RREY 6/4/17 ® P" .AAI' 2917 7/11/17 •A 1511PE .' SUFFER RELOCATED PER 9CC 9/26/99 THE HIWASSE CPUD BRYNWOOD PRESERVE BALDRIDGE ( SINGLE-FAMILY RESIDENTIAL 1 i ( SHOPPING PLAZA 1 FPL EASEMENT AREA = 7.55 +/- ACRES ( 60%+/- of Total Site Area) DEVELOPMENT AREA = 4.97+/- ACRES ( 40% +/- of Total Site Area) DOES NOT INCLUDE 0.48+/- ACRES OF TYPE B BUFFER LOCATED WITHIN THE FPL EASEMENT APPROXIMATE TOTAL AREA OF SITE = 12.52 ACRES (100%) NOTES: MAXIMUM BUILDING HEIGHT FOR PROPERTY IS 35'. * THE WATER MANAGEMENT AREAS (6.0 ±) MAYBE LOCATED WITHIN THE FPL EASEMENT. ** PLEASE SEE SECTION 4.17c.2 OF THE CPDD ORDINANCE. ...X 03 0 �0P . HOLE MONTES rr. Elir#�tSflll6f32SfiI1RYfl'ORS 950 Encore Way Naples, FL. 34110 CPUD MASTER PLAN Phone: (941) 254-2000 EXHIBIT "A" Florida Certi6ole of Authorization No.iT72 DATED 7/19/19 60 0 60 120 SCALE 1N FEET SCALE : 1' _ 60' 1rEZ OMIIPGS YE MOT RDIDENE ND. 9RAYI,R ,I6 APPR9'ER PoR m611NC11M 1076PUD 4065-1 a E 2001.076 1 OF 1 g SCALE 1' . 2W 3 LIVINGSTON ROAD (PUBLIC) rPUD BOUNDARY® 12'WIDE EXISTING COMPENSATING R.O.W. 15' WIDE TEMPORARY C.U.E. -----______ ------ 25' SETBACK :22-60 25' SETBACK - ---- --- I -------- - ------- —0 ----------- ii _ W .. 5' _—_—._._._. ©FUTURE COUNTY 8'FORCE MAIN 15'—I—ELB_E.4 `' ® .—.— — 2276' SETBACK i I' ii J I ... i ii I O r - I I II I I O II 1 O'WIDE e U.E. ill ji ii i i 3 - FUTURE 10'WNDE ASPHALT `D 120'WIDE L15'WIDE O.R. 5435, PATHWAY I Z It I O a SIDEWALK/BIKEPATH STABILIZED 20'WIDE STABILI `� PG. 3550 0 BLDG. 4© BLDG. 5 FPL ACCESS FPL ACCESS LDG. s I II I I, I �i UFFEREQUIRED NO Bss• Lj II W I I 15'WIDE U.E. I II ;' �1EAST/WEST) 7 O.R. 5435• PG. 3550 --1-� 52.. 15'WIDE C.U.f. I R 3 EXACT LOCATIONS OF PROPOSED EASEMENTS AND SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS O.R. 5435 I MAY VARY BY MUTUAL AGREEMENT OF COWER 3 COUNTY AND THE DEVELOPER. PG. 3550 I I s -_ �0* 5'WIDE FPL DAT@ 7ABA9 f HIWASSE P.U.D. 9F9ulm K GlE 950 Encore Way Naples, FL 34110 wwwoPhone: (239 254-2000 HOLE MONTES Florida cert fiate of AutholizationNo.1772 EXHIBIT A-1_��^' EATONWOOD LANE and FPL EASEMENT INTERFACE EXHIBIT 1076PDI2 YMY•i IG. 4887-01 � r EASEMENT O -R. 3432,® r T MrJt IEIJWG EVmv6 ,n7n. li oda 2001.076 1 of 1 x ltuvn reA mixtt G9YIEliTS ./m/47 ao� 14A 1' = 0' „m z PG 452 �`_ :22-60 SETBACK I — 777 ., 4: ii _ W .. ©FUTURE COUNTY 8'FORCE MAIN © REQUIRED 20'WIDE C.U.E. FUTURE COUNTY 24'FORCE MAIN i I' ii J I i i ii I O r - I I II I I O II e U.E. ill ji ii i i 3 - FUTURE 10'WNDE ASPHALT `D 120'WIDE L15'WIDE O.R. 5435, III II I a I I I I Z It I O a SIDEWALK/BIKEPATH STABILIZED 20'WIDE STABILI `� PG. 3550 II' II _ FPL ACCESS FPL ACCESS O'WIDE LB.E I II I I, Q it Lj II W I I 15'WIDE U.E. I II 7 O.R. 5435• PG. 3550 --1-� NOTE: R 3 EXACT LOCATIONS OF PROPOSED EASEMENTS AND SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS MAY VARY BY MUTUAL AGREEMENT OF COWER 3 COUNTY AND THE DEVELOPER. 10'WIDE LB_E I I s DAT@ 7ABA9 f HIWASSE P.U.D. 9F9ulm K GlE 950 Encore Way Naples, FL 34110 wwwoPhone: (239 254-2000 HOLE MONTES Florida cert fiate of AutholizationNo.1772 EXHIBIT A-1_��^' EATONWOOD LANE and FPL EASEMENT INTERFACE EXHIBIT 1076PDI2 YMY•i IG. 4887-01 E.mrrA�pnArD7n•n• 7n7m °N"T' at; w o r T MrJt IEIJWG EVmv6 ,n7n. o� .. GtIE oda 2001.076 1 of 1 x ltuvn reA mixtt G9YIEliTS ./m/47 ao� 14A 1' = 0' „m Attachment B II II II I I III I II II I I I I II II II II II II II II I I I I II II II II II II I 'I II II II BUILDING 5 I I ii r------------ ------ I ------------- O I j I -J,----------------I ---- j I � I I I i BUILDING 6 DB -12 I I ' EX. 15" A.D.S. \ \\ i 7. 0' (FORCEMAIN TO BLDG.) I 15.00 \ 0.09' (BLDG. TO C.U.E.) I I I UTILITY EASEMENT \� i I 6.67' (FORCEMAIN TO EDGE OF C.U.E ) O.R. 5435, PG. 3550\\ L---------- --------- o Y \\ \ N N SORE -------------- S I m� --------- ----------- ----------- I 0—J I I I I I I I I I ACTUAL BOUNDARY LINE ---—t--- - --- 2002 INCORRECT BOUNDARY LINE CHAIN LINK FENCE) EX. 15" A.D.S. DB -10 i � EX. POWER POLEI EX. 15" A.D.S. —` I I --- -- - --- ..—---------- ------ --- ... ------ ------------------------ - - - – --- � 5.00' PROPOSED `P&L ------------------------- --------- /� I EASEMENT—O.R. 3432, PG. 452 I % I I EATIONWOOD LSymbol Description w l I I I II (130' RIGHT-OF-WAY) ®COMMUNICATION SERVICE PEDESTAL ,i METAL POLE WITH LIGHT PREPARED BY: ___ SANITARY MARKER/FLAGGING E% NAPLES MOTOR CONDOS -PHASE 2 HOLE MONTES [NUMBS PLANNERS SURVEYORS PROPOSED BUILDING 6 MODIFICATIONS (JULY 15, 2019) II II II I I III I II II I I I I II II II II II II II II I I I I II II II II II II I 'I II II II RUSSELL A. BUDD, CHAIRMAN Attachment C REZONE FINDINGS PETITION PUD -03 -AR -3561 Agenda Item No. 8A September 14, 2004 Page 12 of 71 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The subject property is designated Urban (Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Sub -district) on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self -storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The eltisting land use pattern. To the North is undeveloped land within the Related Group PUD. This project is a multi -family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling units and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. Lastly, lands to the west is the developed single family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18 -holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston Road/Eatonwood Lane Commercial Infill Sub -district that permits the proposed uses. Therefore, the subject petition will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether o sting district boundaries are illogically drawn in relation to eidsting conditions on the property proposed for change. The Proposed Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT "A„ PUDN13-AR-3561. F4wwse PUD 7 Agenda Item No. 8A September 14, 2004 Page 13 of 71 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to a right-of-way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston Road/Eatonwood Lane Commercial Infill Sub -district that permits the proposed uses contained in the PUD. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, the proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements advising that this project when developed will not excessively increase traffic congestion. S. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the ask of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, the Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Mwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, 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.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. PUDZ.03-AR3561. Hiwwse PUD Agenda Item No. 8A September 14, 2004 Page 14 of 71 10. Whether the proposed change will adversely affect property values in the adjacent area The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the. LDC are consistent with all Collier County requirements. As a result, staff is of the opinion that the proposed PUD will not adversely impact property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby should not be affected by the requested zone change in that the project provides a landscape buffer, provides increased setbacks and is consistent with the GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Due to the right-of-way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. th addition, the project is being developed in accordance with the existing Future Land Use Element, which permits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Hiwasse PUD complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. PLDZ-"3-Ar4 3551. Ftvm%w PUD 9 Agenda Item No. BA September 14, 2004 Page 15 of 71 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. The area within the subject site affected by the proposed rezone is currently structured and consistent with the Future Land Use Element to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi -disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDZ-33-AR 35561. f-;WWrg PUD 10 Agenda item No, 8A September 14, 2004 Page 16 ❑l 71 FINDINGS FOR PUD PUD -03 -AR -3561 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a Finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Hiwasse PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The Hiwasse PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external. relationships. EXHIBrr `B" PUDZ-0-AR3561, Rvmse PUG ] 1 Agenda Item No. 8A September 14, 2004 Page 17 of 71 S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is not a significant problem. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requites an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FUOU3-AR-3531, Hi& --OW PUO 12 Attachment D 4Z7oe v 4Z7 z -pity Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Tim Finn, AICP, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner Comprehensive Planning Section, Zoning Division Date: August 15, 2019 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PL20190001616 - REV 1 PETITION NAME: Hiwasse PUD PDI REQUEST: The petitioner is requesting a Planned Unit Development (PUD) insubstantial change (PDI) to the Hiwasse PUD (approved by Ordinance #04-75 — and as amended via Ordinance #08-34 — and as further amended by HEX # 2018-01). The petitioner is proposing to rectify a field survey error (survey dated 2002) for the Hiwasse PUD. The legal description remains correct. The petition request is to amend three documents to reflect the correct property line: Exhibit A Master Plan; Exhibit A-1, the Eatonwood Lane and FPL Easement Interface Exhibit; and Section 5.5 of the PUD Document. LOCATION: The subject site is located on the west side of Livingston Road (CR881), approximately 1/4 mile south of Pine Ridge Road (CR896), in Section 13, Township 49 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is identified as Urban Designation, Urban Commercial District, Livingston Road/Eatonwood Lane Commercial Infill Subdistrict on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). According to the FLUE's Livingston Road/ Eatonwood Lane Commercial Infill Subdistrict, the ±12.52 - acre Subdistrict allows 91,000 square feet of professional and medical offices and financial institutions or up to a maximum of 200,000 square feet of indoor self -storage facilities, or a mix of office and indoor self - storage facilities. Should a mix of office and indoor self -storage facilities develop on the property, for each two (2) square feet of indoor self -storage area, one (1) square foot of office area shall be reduced from the maximum allowable office area permitted. The proposed amendment does not affect uses, intensities, or standards in the PUD. Select FLUE Policies are shown below (in italics), followed by staff analysis in [bracketed bold text]. FLUE Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and Zoning Division 0 2800 North Horseshoe Drive 0 Naples, FL 34104 0 239-252-2400 Pagel of 2 effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning Services staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of the FLUE policies under Objective 7 (pertaining to access to arterial & collector roads, walkability, etc.) is not necessary. CONCLUSION Based upon the above analysis, staff concludes the proposed PDI amendment may be deemed consistent with the Future Land Use Element (FLUE). PETITION ON CITYVIEW cc: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PDI-PL2019-1616 Hiwasse Rl.docx Zoning Division 0 2800 North Horseshoe Drive 0 Naples, FL 34104 0 239-252-2400 Page 2 of 2 Attachment E September 17, 2019 To whom it may concern: This letter confirms that Kensington Park Master Association, Inc., has no objection to the Insubstantial Change to the Hiwassi CPUD (PL20190001616,HIwassi CPDD (PDI)), to reduce the setback along the southerly boundary of Hiwassi PUD and Eatonwood Lane from 24' to 22'. Kensington Park Master Association, Inc. By: ._ ;41 a, IV4�6� Larry D. Wilson, As President FinnTimothy From: StrainMark Sent: Thursday, September 26, 2019 4:37 PM To: Bob Mulhere Cc: FinnTimothy; Stephanie Karol Subject: RE: Waiver of Neighborhood Information Meeting Requirement (NIM) for Hiwassee CPUD (PDI) - PL20190001616 Subject to the information supplied within the email below: Pursuant to LDC section 10.03.06.11.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting (NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Mark 239.252.4446 Under Florida Law, e-mail addresses are public records If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by telephone or in writing From: Bob Mulhere <BobMulhere@hmeng.com> Sent: Thursday, September 26, 2019 11:34 AM To: StrainMark <Mark.Strain@colliercountyfl.gov> Cc: FinnTimothy <Timothy.Finn @colliercountyfl.gov>; Stephanie Karol <StephanieKarol@hmeng.com> Subject: Waiver of Neighborhood Information Meeting Requirement (NIM) for Hiwassee CPUD (PDI)-PL20190001616 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mark, I have provided staff with a letter of no objection to the above refenced petition from Larry Wilson, President of the Kensington Master Association. That letter is attached to this email. Additionally, I have previous sent the Kensington Master Association Board meeting minutes authorizing the issuance of the letter of no objection. As a result and given the very limited nature of the Insubstantial Change, I am requesting a waiver of the NIM requirement. Thank you for your consideration in this matter. Bab Vice Pi &,ride re Pla vIrmv Y&e -wew 1111111111M HOLE MONTES 950 Encore Way Naples, FL 34110 Office: 239.254.2000 COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coillergov.net (239) 252-2400 Petition Type. PDI bate and Timre• Tuesday 7/16/19 9: 00 AM Assigned Planner: Tim Finn Engineering Manager (for PPL's and FP's): Project information Project Name: Hiwasse (PDI) PL#: 20190001616 Property ID #: 20868000043 Current Zoning: CPUD Project Address: City: Naples State: FL Zip: Applicant: Stephanie Karol- Hole Montes, Inc. Robert J. Mulhere, FAICP, Vice Presida��,_�?Je2�I� tes, Agent Name: Hole Montes. Inc, Phone: U Inc. Agent/Firm Address: 950 Encore_ Way City: Naples State: FL Zip: 34110 Property Owner: Livingston Pro Center LLV Please provide the following, if applicable: L Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collieraov_.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre -app Note — link is https:/Zwww.colliergov.net/Home/ShowDocument?id=75093. If Site Is within the City of Naples Water service Area please send to Naples Utilities and Planning Departments, Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddletonCcDnaDlesgov.com Allyson Holland AMHollanditayles oA v.com Robin Singer RSlnaerlc_�naolesaov.com Erica Martin emartin@naplesoov.com Disclaimer., Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 2 of 5 Co T County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/11/2019 Page 1 3 of 5 V ' b" k pck:') coter Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collier ov.net 12391252-2ann Pre -Application Meeting Sign -In Sheet PL.# 20190001616 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthon Environmental Review 252-2497 david.anthony@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercount fl.gov ❑ Laurie Beard PUD Monitoring 252-5782 1 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator _252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Thomas Clarke Managing Asst. County Attorney Operations Coordinator 252-8773 252-2584 heidi.ashton@coiliercountyfl.gov thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov F] Eric Fey, P.E. ,x� Tim Finn, AICP Utility Planning Zoning Division 252-1037 252-4312 eric.fey@col lie rcountyfl.gov timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov [_7 Jeremy Frantz LDC Manager 252-2305 Jeremy,Frantz@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Jose hitis Environmental S Specialist, Senior 252-2915 erin.josephitis@colliercountvfl.gov C_1 Marcia Kendall Com rehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Cao ey County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 ack,mckenna@colliercountyfLgov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew,mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl. ov ❑ Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bra ndy.otero@colliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net ❑ Michael Sa er Transportation Planning 252-2926 michaei.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corb .schmidt@colliercountyfl,gov ❑ Chris Scott, AICP Develo ment Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfLgov Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 'essica.velasco@colliercount fl. ov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfLgov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email S' - GJ-Gtr-ar k3 4i « ItwtI� Updated 7/11/2019 Page 1 5 of 5 C11-ollik Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20190001616 - Hiwasse WDO _ PRE -APP INFO Assigned Ops Staff: Thomas Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre -app request Stephanie Karol- Hole Montes, Inc, • Agent to list for PL# Robert J. Where, FAICP, Vice Presidant, Hole Montes, Inc. • Owner of property (all owners for all parcels) Livingston Pro Center LLC • Confirm Purpose of Pre -App: (Rezone, etc.) PDI • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): • Due to a survey error it is necessary to reduce the required setback along Eatonwood Lane (southern perimeter PUD boundary) from 24 feet to 22 +/- feet. • Details about Project: PDI— see above REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor dann .condomina colliercount fl Phone: 239-252-6866 Created April S, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zarng Division - 2600 Nati Horseshoe DNe • Naples, Florida 34104.239-252-2400, www,coipergov.mt CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED RE(�IJIRED Completed Application (download current form from County website) 1 Pre -Application Meeting notes 1 Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 `� Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description 1Li Boundary survey, if boundary of original PUD is amended If PUD is platted, include plat book pages ELI List identifying Owner & all parties of corporation 1 Affidavit of Authorization signed & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 A in. x 11 in. graphic location map of site 1 Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 COAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.col_l_iergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS -- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Bays hore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers Naples Airport Authority: Conservancy of SWFL: Nichole Johnson Other: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS PUD Amendment Insubstantial (PDI): $1,500.00 ''Pre -Application Meeting: $500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Applicant/Owner Name (please print) Date Revised 3/27/2018 Page 4 of 4 Cole moo, . ,,, COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierxov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 INSUBSTANTIAL CHANGE TO A PUD (PILI) LDC subsection 10.02.13 E & Code of Laws section 2-83; - 2-90 Ch. 3 G3 oftheAdministrative.Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACTINFORMATION Livingston Professional Center, LLC Name of Applicant if different than owner: Address: 719 Hickory Blvd, City: Naples State: FL ZIP: 34108 Telephone: 239-254-2000 Cell: NIA Fax: N/A E -Mail Address: tomtaylor@hmeng.com Name of Agent: Robert J. Mulhere, FAICP, Vice President Firm: Hole Montes, Inc. Address: 950 Encore Way City: Naples State: Telephone: 239-254-2000 Cell: N/A E -Mail Address: bobmulhere@hmeng,com DETAII. OF REQUEST FL ZIP: 34110 _ Fax: 239-254-2099 On a separate sheet, attached to the application, describe the insubstantial change request, identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Co e� Cou>".ty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY. PUD NAME: The Hiwasse PUD ORDINANCE NUMBER: Ordinance Nos. 04-76,08-34 & HEX. No. 18-oi FOLIO NUMBER(S): 60868000043 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Q Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes 0 No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or Q DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes ❑ No If yes, please describe on an attached separate sheet. See Cover Letter for details. Revised 3/27/2018 Page 2 of 4 Co, By County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierh,ov,net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final,Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code` The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accented. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 1 FK Pre -Application Meeting notes 1 ❑✓ (]� Project Narrative, including a detailed description of proposed changes and why amendment is necessary 1 ❑ Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits 1 ✓ PUD document with changes crossed through & underlined ❑ ✓ PUD document as revised with amended Title Page with Ordinance # 0✓ Warranty Deed ❑ W Legal Description 1 Boundary survey, if boundary of original PUD is amended ✓ If PUD is platted, include plat book pages ❑ ❑✓ List identifying Owner & all parties of corporation 1 I/ Affidavit of Authorization sl ped & notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 %= In. x 11 in, graphic location map of site 1 ✓ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ❑ ❑✓ ❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 nf�. Coecounty w COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PLANNERS -- INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ElSchool District (Residential Components): Amy Lockheart ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Eric Fey Ej Parks and Recreation: Barry Williams and David Berra Emergency Management: Dan Summers Naples Airport Authority: ❑ Conservancy of SWFL: Nichole Johnson LJ I Other: ❑ I City of Naples: Robin Singer, Planning Director OTother. FEE REQUIREMENTS 5t PUD Amendment Insubstantial (PDI): $1,500.00 0 Pre -Application Meeting: $500.00 9 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition Is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Fees All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Robert J. Where, FAICP, VP Applicant/Owner Name (please print) PDI $1,500 Legal $1,125 Fire $ 100 �'' �'- Date $2,725 $ -500 (credit) $2,225 Total Revised 3/27/2018 Page 4 of 4 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL -20190001616 1, THOMAS M. TAYLOR (print name), as .MANAGING MEMBER (title, If applicable) of LiVINGSTON PROFESSIONAL CENTER, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner[Z] applicant 0contract purchaserand that; 1. I have full authority to secure the approval(s) requested and to Impose covenants and restrictions on the referenced property as a result of any action approved by the County In accordance with this application and the Land Development Code; 2. All answers to the questions In this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ROBERT i, MULHERE, FAICP, VPJHQLE MONTES, INC, to act as our/my representative In any matters regarding this petition Including 1 through 2 above, *Notes; • If the applicant Is a corporation, then It Is usually executed by the corp. Pres, or v. Pres. • If the applicant Is a L/mlted Liability Company (L.L.C,) or Limited Company (L. C), then the documents should typically be signed by the Company's "Managing Member," • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant Is a limited partnership, then the general partner must sign and be Identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must Include the trustee's name and the words "as trustee'. • in each instance, first determine the applicant's status, e.g., Individual, corporate, trust, partnership, and then use the appropriate format for that ownership, Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated In it are true. 'ej . ?Z9/ Signature Date THOMAS M. TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrumen was sworn to (or affirmed) and subscribed before me on ergot (date) by OVA ty-) IM, u14 o _ (name of person providing oath or affirmatlon), as who Is personally known to me or who has produced (type of Identification) as identification. STAMPISEAL Signaturd of Notary Public STEPHANI E Notary Pu6110 • 00mmleolon My Comm. EXPI8ondadlhloughNan, CP108•COA•00115455 REV 3/24114 NARRATIVE AND JUSTIFICATION HIWASSE CPDD - PD1 7-22-2019 The Hiwasse CPUD is located on the west side of Livingston Road, just south of Pine Ridge Road, and adjacent to the Kensington community on the west and Eatonwood Vane on the south. There was a field survey error made on this property in 2002. The PUD is in its final phase of development, with only buildings 4,5 and b of the Naples Motor Condo (phase 2) left to be constructed. As construction of these final three buildings was to commence, and building corners were being field located, a survey error was detected. It was discovered that, in 2002, the southerly corner property pins were placed 5 feet south of the actual property line. The error was not discovered until about one month ago, when the corners of the proposed southerly most building (Building 5) were being field located. The legal description for the PUD is correct, the error was only in the field placement of the southerly corner pins, which resulted in the southerly boundary on the approved site plan being depicted 5 feet to the south of where it actually is (see Exhibit 1 below, depicting the incorrect property line and the actual property line). Exhibit 1: Revised Building G Design and Interface with South Property Line (Eatonwood Lane) Correcting this error necessitated a multifaceted remedy, including: (1) Redesigning building b (reducing building width by 3 feet). This makes up three feet of the 5 foot error, and also moves the building out of the 15 foot CUE (Se Exhibit 1, above). Due to the required minimum 50'separation between structures, the maximum amount of reduction of 7-22-2019 Page 1 of 3 L - — � 1 1 II tI HUILQING6 f. TS` A.6S- i.I 0' 4roe'EwAiti T➢ 6190.) r 4. uu' (9LP0. ir'i t,u E.) i PIR F F.F T I 4.67' EDGE CrOAGEMAIN 10 CF aux:) El. I 1 i Ii _- ACTUAL BMNOAAY Owe -�-� 9007iNtokRftf 6QUM2ART UNC GNAW LIMN F1wTICE• y Ex. 15'A-0 "'POWER POLE- 11 E%. IS' A.0.1 5.06 rRQP,%D fi'hL LASUrEMf--C+,a. 5 32, �'G 451 f I I -- 1 EAT 0 N 1N D LANE SyfftW 04"'IR`l°" COMMUNICATION sE mcL PI=UBTAL ; 1 1 {1,IO' RCNI-CF W r� iF METAL POLE WITH LICNT SANITARY MARKER/FLAGGING NAPLES MOTOR CONDOS -PHASE 2 Exhibit 1: Revised Building G Design and Interface with South Property Line (Eatonwood Lane) Correcting this error necessitated a multifaceted remedy, including: (1) Redesigning building b (reducing building width by 3 feet). This makes up three feet of the 5 foot error, and also moves the building out of the 15 foot CUE (Se Exhibit 1, above). Due to the required minimum 50'separation between structures, the maximum amount of reduction of 7-22-2019 Page 1 of 3 the building width that could be achieved through redesign and still retain a functional/usable building size was 3 feet. (2) Reduce the required setback from Eatonwood Lane from the currently required 24 feet to 22 feet. This makes up the other 2 feet of the 5 foot error such that all required improvements are located within the actual property boundary. This PDI is being submitted solely for the purpose of reducing the required southerly setback along Eatonwood Lane from 24 feet to 22 feet. The change occurs in three places: 1) In the CPDD Document; 2) On Exhibit A (the CPDD Master Plan); and 3) On Exhibit A-1 (the Eatonwood Lane and FPL Easement Interface Exhibit). As requested at the pre -app meeting, we are also adding (to Exhibit A-1) the OR Book and Page numbers for the 15' CUE and the 5' FPL. Pursuant to Sally Ashkar's suggestion, we are providing a "clouded" copy of Exhibits "A" and "A-1" to facilitate a quick review of the changes, and a clean version for inclusion in the HEX documents. The FDI is but one step of a number of required steps necessary to remedy this error. We will also need to submit the following (to be reviewed simultaneously with the FDI): 1) An SDP Amendment reflecting the revised building design and related revisited architectural renderings. This will include a deviation request from the required structure setback of 10 feet from a forecmain to allow the redesigned building to be +/-6.7 feet from the forcemain at the closest point. The force main was installed 6.67 feet from the northerly edge of the 15 -foot CUE, and even under the approved site plan the building edge would have been closer than 10 feet. The 10 -foot structural setback from a forcemain was adopted in August of 2018 (prior to that it was 5 feet), Thus, a deviation is necessary, The SDP Amendment will also require the execution of a standard use document for building perimeter plantings. 2) A building permit revision will also be necessary to reflect the building redesign. j IEAFLES MOTOR canons f II i� PROPOSEOBUILOInG6 9- -OPW APRON !I 14, ' EATQNWOM LME fa. 6wkGW�i6 r KDW Nina NOTE 3MESfRIP: 490' N V-1.95091FT. Exhibit 2: Location of 5 Foot Strip Along Actual Southerly Property Line of Hiwasse CPDD 7-22-2019 Page 2 of 3 On a separate but related course of action, we have offered to purchase the 5 -foot strip of land adjacent to the actual southerly boundary line from the Kensington Master HOA (See Exhibit 2: above.). The strip is 390 feet in length (1,950 square feet in area). We have been in discussion with the HOA and anticipate final action on July 25, 2019. Although this has no effect on the requested PDI, as the strip is adjacent to, but not within the Hiwasse CPDD, it does nevertheless ameliorate the requested 2 foot reduction in setback, as we would agree to retain the 5 foot strip in a landscape/greenspace condition effectively providing an additional 5 feet of separation between Eatonwood Lane (Kensington PUD) and the southerly most building (Building 6) in the Hiwasse CPDD. We have pre -coordinated these changes with various staff including Chris Scott, Matt McLean, Eric Fey, and Ray Bellows. We are not changing any of the landscape requirements in the PUD. Therefore, we are asking for an expedited review of this PDI (as we are under significant time constraints to correct this error). It would also seem, given the very minor nature of the changes, that this need only be reviewed by certain specific staff members (such as yourself and Sally Ashkar, Assistant County Attorney). In any case, please let me know as soon as possibly if you have any questions or comments on this submittal. 7-22-2019 Page 3 of 3 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 -; ti; i.:.;1 A`DDR�0�7��`! GF�S�±�L��.1 j y�t ii. � t ..• ,r. Please complete the following and email to GMD Addressing@colliergov,net or fax to the Operations Division at 239-252-5724 or submit In person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-applicatlon meeting, please allow 3 days for processing. Not all items will apply to every project, Items In bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) [] OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SECTION 13, TOWNSHIP 495, RANGE 25E See Attached FOLIO (Property ID) NUMBER(s) of above (attach to, orassoclate with, legal descrlptlon /f more than one) 50868000043 STREET ADDRESS or ADDRESSES (as applicable, If already assigned) • LOCATION MAP must be attached showing exact location of project/site In relation to nearest public road right- of-way . SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (If applicable) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (forexlstingprojects/sites only) SDP_- or AR or PL # ORD, NOS, 04-75 & 08-34 HEX NO. 2018-01 Rev. 6/912017 Page 1 of 2 CO*ier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing In, condornlnlurn documents (If application; indicate whether proposed or existing) Please Return Approved Checklist By: Fil Email ❑ Fax ❑ Personally picked up Applicant Name: ROBERT J. MULHERE, PAICP, VP/STEPHANIE KAROL - HOLE MONTES, INC, Phone; 239-254-2018 Email/Fax: STEPHANIEKAROL@HMENG.COM Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division, FOR STAFF USE ONLY Folio Number 50868000043 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:_ q Date. _ . 7/15/2019 - Updated by:_ Jj Date. IF OLDER THAN 6 MONTHS, FORAM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 619/2017 Page 2 of 2 FOR PETITION NUMBERS(S) AFFIDAVIT OF AUTHORIZATION PL -20190001616 1, THOMAS M. TAYLOR (print name), as MANAGING MEMBER (title, If applicable) of LIVINGSTON PROFESSIONAL CENTER, LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize ROBERT J. MULHERE, FAICP, VPIHOLE MONTES, INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above, *Notes: • if the applicant is a corporation, then it is usually executed by the corp, pros, or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member," • If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust then they must include the trustee's name and the words "as trustee'; • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in It are true. Signature THOMAS M, TAYLOR, MANAGING MEMBER LIVINGSTON PROFESSIONAL CENTER, LLC 7Z 4Z /9 Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on -7/9 2 d `f (date) by "llOv v) 19 uWO (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as Identification. STAMP/SEAL Signaturd of Notary Public CP108-COA-001151155 REV 3/24/14 STEPHANIE KAROL Notary Public • Stale of Florida L Commission N FF 939980 M Comm. Expires Mar 9, 2020YBondedttwough National Notary Assn, CP108-COA-001151155 REV 3/24/14 Timothy G. Hains, Esq. Quarles & Brady LLP 1395 Panther lane, #300 Noplea, FL 34109 A7, ori WARRANTY DEED 3901194 OR; 4105 PG; 2035 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 09/1412006 at 11:45AK DWIGHT 1. BROCL, CLERK Colla 4000000,00 RSC PEE 27,00 DOC -,70 28000.00 RetD: QUARLES & BRADI 1395 PAETHIR LAMS 1300 NAPLES FL 34109 -6— THIS DEED, is made on this day of September, 2006 between HIWASSE, INC., A FLORIDA CORPORATION (the "Grantor"), and LIVINGSTON PROFESSIONAL CENTER, L.L.C., A FLORIDA LIMITED LIABILITY COMPA( �' " ;,whose post office address is 481 Carica Road, Naples, FL 34108.co ' e Grantor, in conside good and valuable consider of which is hereby acknowl heirs, successors and assigi Collier County, Florida, to a SEE EXHIBIT HEREIN BY F Collier County Tax T_EN AND N 100 OLLARS ($10.00) and other r ' ha aid by re, the receipt and sufficiency �i �rs tot a said Grantee and Grantee's o e , situated, lying and being in .TTACHED HER7A ORPORATED NCE SUBJECT TO: real estate taxes for the year 2006 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority; restrictions, reservations and easements of record common to the subdivision; provided, however, that no one of them shall prevent use of the property for commercial purposes, And said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, SABrandy Closings Hiwasse st Livingston Professional Center Warranty Deed (Page I of 2) This Instrument Prepared By Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 OR; 4105 PG; 2036 IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument on the day and year first above written. Signed, Sealed and delivered HIWAssE, INC., in the Presence of: A FLORIDA CORPORATION S:1Brandy Closings Hiwasse st Livingston Professional Center Warranty Deed State of Florida at Large My Commission Expires: (Page 2 of 2) (Notary Y of iced MA mob" FUM • am of Pkw F Cm V*ft'ylM AW It A Oo""M i W Wft *** OR: 4105 RG: 2037 *** EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00015137"E., ALONG THE EAST -LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER --QF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH T14 T I F THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DIS .fit � �q THE MOST NORTHEASTERLY CORNER OF EATONW00 1 ; A 130.00 F06`4 � F -WAY, AS THE SAME IS SHOWNONTHEPLATOFK�TNGTONPARKPHAS R -B ACCORDING TO THE PLAT THEREOF RECO E IWPLAT~EOOK 28 TPA S ND 6 OF THE PUBLIC RECORDS OF COLLIE CO NT4� RIYA T' E RU .8 050'13"W., ALONG THE BOUNDARY OF SAID EN -B, OR A DISTANCE OF 390.00 FEET; THEN Ej ! 0° 9 E OUNDARY OF SAID KENSINGTON PARK HA HR E- 0 TAC 0 73 36 FEET TO A POINT ON THE SOUTH LINE r T - RTE S ECTION 13; THENCE RUN N.00015'37"W., A (1 THE BOUNDARY , SAI K GTON PARK PHASE THREE -B, FOR A DIS OF 1150.79 FEE1U H ST NORTHEASTERLY CORNER OF SAID KE TON PARK PHA �T THENCE CONTINUE N.00015'37"W., ALONG OUNDARY OF K I *ON PARK PHASE 3A ACCORDING TO THE PLA RECORD kAT BOOK 26 AT PAGES 51 AND 52 OFTHE PUBLIC RECO S ' T', FLORIDA, FORA DISTANCE OF 176.24 FEET TO A POINT ONI�) OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING. 9/11/2006 - Thomas Murphy SABrandy Closings Hiwasse st Livingston Professional Center Warranty Deed (Page 3 of 2) Go*v County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets If necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the F ,ercentage or sucn interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the P ercentage of stocK owned by each: Name and Address % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the P ercentage OT interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Co der County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership LIVINGSTON PROFESSIONAL CENTER, LLC 719 HICKORY BLVD., NAPLES, FL 34108 THOMAS M. TAYLOR, MGRM 50% DONNA M, TAYLOR 50% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the c` 'I LIC I.), 13W1.1\I lvluc l J, {JCI IC I!waI ICJ, U Pd[ LI ICIJ. Name and Address % of Ownership Date of Contract: f. If anv continaencv clause or contract terms involve additional parties. list all individuals nr ficers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _ 0 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 CO t ev County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX; (239) 252-6358 Date of option: Date option terminates: or Anticipated closing date: _ AFFIRM PROPERTY,OW;NERSHIp I,NFORMAYIC7N. Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether Individually or with a Trustee, Company or other Interest holding party, must be disclosed to Collier County Immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package, I understand that failure to include all necessary submittal information may result in the delay of processing this petition, The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Date Robert J, Where, FAICP, VP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 POINOF COMMENCEMENT RMrAST LDRND� "S m �~ 1 _ POINT OF BEGINNING IIo9 TA9Im OE NA K n 5 00'15'37' E 50293'-- _ LIVINGSTONW ROAD s LIVINGSTON ROAD ' P o AND _ HIWASEE INC w O.R. 1695, PG. 605 s oats )- E atI�56' FND E. - • m ------------- 8 BEMINGS RESER TO THE EAST IRE O THE NOR-- Q1- O SECDON 13. TOW9NP LEGEND 1a - - - - - - -- --- -- - 49 5011M, RM4 23 FAST. IFE COUNTY, RONDA AS BONG 50075'19-E. MINBEN 5449)0 NTM A COYMIYFRT OAIE K JANUARY 31, 3018 AT 11:00 PY NOTA PART _ IMP JCINS�Jm© __ _____ ___ _________________ p��a�tt ___-_ __________ ____ _� F is y w m 1 10 3I�",«9 i 11K ��j LOCK UP TAYLOR JV LLC 2k HEX K. 2018-01 O.R. 5411, PG. 3997 4. DFTTOK RECONS BOOK 16; A. 305 IS HOT LOCATED ON THIS PROPERTY. z _ OCARD N RD00 ZONE Al. ARE xmto mt wN Lm Ww -too rt[r eP _ N EAST 4 1/COR. EAST INCSE. SEC. 13-49-25 , /4 _-_____-__-__-_____-__-__-__-_____-__-_ usr LNE xE. ,/a EAST uxE NE ,/ _ LIVINGSTONW ROAD s LIVINGSTON ROAD ' P o AND _ HIWASEE INC w O.R. 1695, PG. 605 s oats )- E atI�56' FND E. - • m ------------- BEMINGS RESER TO THE EAST IRE O THE NOR-- Q1- O SECDON 13. TOW9NP _- 1a - - - - - - -- --- -- - 49 5011M, RM4 23 FAST. IFE COUNTY, RONDA AS BONG 50075'19-E. MINBEN 5449)0 NTM A COYMIYFRT OAIE K JANUARY 31, 3018 AT 11:00 PY _ IMP JCINS�Jm© __ _____ ___ _________________ p��a�tt ___-_ __________ ____ _� F MI5 9MWY WE- ME REIABVE PDSIT,MN. PNECt51O, AS PER SECTION -i-r. -TONS ACOOq IxG TO SC9mHIE B - SECOON 9 01` ME ORE COIYI7LO4T ISSUED m 1 10 3I�",«9 i 11K ��j PUBLIO TINNY -OP -WAY NFORNATION WAS BASED WON CO.PR -TY PNOFERTY APPNNSER GJ.S PEB SM. 2k HEX K. 2018-01 W,r � 4. DFTTOK RECONS BOOK 16; A. 305 IS HOT LOCATED ON THIS PROPERTY. mamuT sTuONvs _ OCARD N RD00 ZONE Al. ARE OfTTOK RECORDS BOOR W. PAGE 2691 5 NOT LOCATED ON TING PROPERTY. 5 OfTTOK RECORoS BOOK 429, P- 354 5 NOT LOCATED ON THIS PROPERTY. wN Lm Ww -too rt[r yy ,rye OfTTOK HEEDROS BOOK 435, PAGE 15 IS NOT LOCATED ON THIS PROPERTY. 7. M5 PROPERTY IS LOCAlEO NRNH OFFlOK RECORDS BOOK 15)2. PAfE 640. THIS SIIRWY IS NOT VAUO MMWT ME SIGNATME AND OaCMAL RNSED SEK OF A PLOaDA .LENSED -W- MD NAPPER < p o UVINGSTON PRO CENTER LLC O.R. 4105, PG. 2035 s B. M5 PROP- S LOCATED WTHN OFA_ RECONS BOOK 1572. PAGE 902. 9 . M5 PROPERTY 5 LOCATED NMN OTTOK RECONS BOOK 1735, PAGE 2042. CERYFCO M: MNGSTDN PROFES9IXIK CENTER. LLC, A FLOIDA UYIMO U-JTY COYPMY. Z 1 II 1 I: SIJR OFTIOK RECORDS BOOK 3142. PAGE 1460 5 LOCATED ON THIS PROPERTY AS SHOW ON B AW. O AIp%.A KA, A MD/N ASSID6 _ min Wiv It. .41- RECORDS BOOK 3432, PAGE 452 IS LOCATED ON THIS PROPERTY AS SNOW ON OD REPUBUL NATION& YTE .-A.. E -ANY V LAW DFF1Q . M IrY utonR aw4 nnom xa on43t AT E RLE OF SU1-. MG PROPERTY WM -.1 SMRWTM. THIS Im5 PRWERY IS LOCATED NMN OE1OK RELVROS BOOK ]696. PAGE 123] ! SYEARNS V.EAWR YLLLR YA]SSEFR KNAOEFi ! 9TIERSOH, 11 tK �� a PROW OHOIND WtOWINENTS EK- ON THISPROPERTY HAW BEEN LOCATED HUEOH AS - INO�m,rs s m� o�Wtt uK AIW ,BT ntopR Nu MOLD M °Tq SHOW. MOW GRWIO NOCAIORS SE UxOEFOiOINO UTILITIES EXISTING 01I MG PROPERTY p CORDS BOOK Sr W, PAGE 1515. t3. �O IECOROS BOOK 2792, PAGE 753, OTTOK RECONS BOOK 3714, PACE MM ! MS IS TO CEPTIY MAi M5 YM OR PIAT MO lIE SwWY 01I N9[N R G BASED NEAE OF1OK RECONS BOOK 2854, PAGE 1409 IS LOCATED OH THS PROPERTY AS SNOW OH URSUMT TO SECTION 5.Civ HAW NOT BEEN MGfED M IDENTRtD BY Btt (CALLSUNSIRNECON). ONEROtWNO UTILITIES HAW NOT BEEN LOCATED ON THIS 91RWY. ____________ _______________________�lIw`______________ NADE N ACCORDANCE YAM WE 2016 NW.- STMOMN OETNL REWIREMENTS FOR µTAM`os LMO RTIE SURIEYS..pNILY ESTABIJ9HFD ANO IDOPIED BT KTA MD MSPS S eMtNG USCN s ,w Rn H. - ��I= �J_� - ME PARCEL G AT THE NTFRSECRON K.NNGSTOH ROAD MM EATOIWOO LANE SIIRWy BOOK 542], PACE 1)35 5 lOG1ED ON MS PROPRTY AS SHOW ON 41RWY.LL RECORDS B ----------------------------------- -_ ---____________________ UVINGSTON PRO CENTER LLC O.R. 4105, PC. 2035 t a OlY l v f EYE. TO � � $ PAIL oESflamoN 4 IxIIRD CO ZION EELENEN15 TOGET�R1ENWt ERACCg1pNLl ME OECI-TION OF ANO TH § � WECOWERy1 EENMR, A - EONDOMIXIDY, AS RECONOEO AT UWOBOOK Saa3. PG J4G8 OF THE PUBIIC RECORDS SE COWER COUHIY, flDP,OiI NOTES THIS -TY.S 91B.ER TO EASE M RESERVATIONS OR RESTRICTIONS OFTIS RECgro. BEMINGS RESER TO THE EAST IRE O THE NOR-- Q1- O SECDON 13. TOW9NP IS ANAORnON6i ON nRE M91NNI¢ CATPNITHE LANDS AS IEpN NN T1lE CpWIfYENT ISAIED G CO-TNENT 49 5011M, RM4 23 FAST. IFE COUNTY, RONDA AS BONG 50075'19-E. MINBEN 5449)0 NTM A COYMIYFRT OAIE K JANUARY 31, 3018 AT 11:00 PY MI5 9MWY WE- ME REIABVE PDSIT,MN. PNECt51O, AS PER SECTION -i-r. -TONS ACOOq IxG TO SC9mHIE B - SECOON 9 01` ME ORE COIYI7LO4T ISSUED BY ZONING C'110, HIYIASSE. OFD NO. 04-75 rt 07-346 PUBLIO TINNY -OP -WAY NFORNATION WAS BASED WON CO.PR -TY PNOFERTY APPNNSER GJ.S PEB SM. 0.0 REDUBI6C NATION& TIRE N -CE CONPNIY, HAMNG CONNIVENT NUMBER 54497D MM A CWYTNENT DATE OF JANUARY 34, -a AT 11:00 FAI HAW BEEN RENEWED AS F ­ HEX K. 2018-01 METE IS NO SITE -- AVNLABIE 4. DFTTOK RECONS BOOK 16; A. 305 IS HOT LOCATED ON THIS PROPERTY. mamuT sTuONvs _ OCARD N RD00 ZONE Al. ARE OfTTOK RECORDS BOOR W. PAGE 2691 5 NOT LOCATED ON TING PROPERTY. 5 OfTTOK RECORoS BOOK 429, P- 354 5 NOT LOCATED ON THIS PROPERTY. wN Lm Ww -too rt[r OETERNINED TO HAW A'1000 DEVA_ SE 11.0, AS SNOW ON FEOERAL EMERGENCY -ENT -AGEMENT AGENCY (F.0-) PL000 RGIR M RAZE NM (F.I.R.M.) NAVNG YM NO. OfTTOK HEEDROS BOOK 435, PAGE 15 IS NOT LOCATED ON THIS PROPERTY. 7. M5 PROPERTY IS LOCAlEO NRNH OFFlOK RECORDS BOOK 15)2. PAfE 640. THIS SIIRWY IS NOT VAUO MMWT ME SIGNATME AND OaCMAL RNSED SEK OF A PLOaDA .LENSED -W- MD NAPPER YAm ®Noo,n 1-0-1 H. CWWUNITY 10. 130067. HAYING A F.I.R.Y. INDEX GATED NAY 16. 2012 COHSIIIT COVYWITY 8000 FINN YMAGELEHi OFFlCE FOR C,MENi 8000 ZONE B. M5 PROP- S LOCATED WTHN OFA_ RECONS BOOK 1572. PAGE 902. 9 . M5 PROPERTY 5 LOCATED NMN OTTOK RECONS BOOK 1735, PAGE 2042. CERYFCO M: MNGSTDN PROFES9IXIK CENTER. LLC, A FLOIDA UYIMO U-JTY COYPMY. 1,R4MW INFORMATION. SIJR OFTIOK RECORDS BOOK 3142. PAGE 1460 5 LOCATED ON THIS PROPERTY AS SHOW ON B AW. O AIp%.A KA, A MD/N ASSID6 Y EAmH"om LANE _ 24 Im t[A9n¢ I,ta tH IUD BOuowr PBWERTY MEA: 1.3 ACRES. YORE OR IES It. .41- RECORDS BOOK 3432, PAGE 452 IS LOCATED ON THIS PROPERTY AS SNOW ON OD REPUBUL NATION& YTE .-A.. E -ANY V LAW DFF1Q . M IrY utonR aw4 nnom xa on43t AT E RLE OF SU1-. MG PROPERTY WM -.1 SMRWTM. THIS Im5 PRWERY IS LOCATED NMN OE1OK RELVROS BOOK ]696. PAGE 123] ! SYEARNS V.EAWR YLLLR YA]SSEFR KNAOEFi ! 9TIERSOH, 11 tK �� a PROW OHOIND WtOWINENTS EK- ON THISPROPERTY HAW BEEN LOCATED HUEOH AS - INO�m,rs s m� o�Wtt uK AIW ,BT ntopR Nu MOLD M °Tq SHOW. MOW GRWIO NOCAIORS SE UxOEFOiOINO UTILITIES EXISTING 01I MG PROPERTY p CORDS BOOK Sr W, PAGE 1515. t3. �O IECOROS BOOK 2792, PAGE 753, OTTOK RECONS BOOK 3714, PACE MM ! MS IS TO CEPTIY MAi M5 YM OR PIAT MO lIE SwWY 01I N9[N R G BASED NEAE OF1OK RECONS BOOK 2854, PAGE 1409 IS LOCATED OH THS PROPERTY AS SNOW OH URSUMT TO SECTION 5.Civ HAW NOT BEEN MGfED M IDENTRtD BY Btt (CALLSUNSIRNECON). ONEROtWNO UTILITIES HAW NOT BEEN LOCATED ON THIS 91RWY. WRWY. 4. IS ECORMSO 6. NMN OPIOK RELOADS BOOK 5314, PAGE ))6. NADE N ACCORDANCE YAM WE 2016 NW.- STMOMN OETNL REWIREMENTS FOR µTAM`os LMO RTIE SURIEYS..pNILY ESTABIJ9HFD ANO IDOPIED BT KTA MD MSPS S eMtNG USCN s ,w Rn eMtNG IucO, >,fR I,ST �50PAOPECO BOOK 5,1 ON NIS PROPERTY 0 NUDES ITEMS 1, 2, 3, 4, 6A 6B, B. 11, I3 14, 16, 17, IB k 19 W TABIE A 15. K RECORDS BOON 5433. PAGE 1721 5 SNOW ON - ME PARCEL G AT THE NTFRSECRON K.NNGSTOH ROAD MM EATOIWOO LANE SIIRWy BOOK 542], PACE 1)35 5 lOG1ED ON MS PROPRTY AS SHOW ON 41RWY.LL RECORDS B TIERED-. ME VIPJD IYORK WM E - MO ON 2/15/201a. 'Digitally si9nM by t..�¢. I¢T WERE IS EVIOENCE OF RECENT EMM NONNG rgRK, TRUE IS NO ENOEHCE SE BUIIDING C smac- OR ADOTIONS 117. SOK RECORDS BOO[ 5435. PAGE 3550 IS LOCATED ON THIS PROPERTY AS SHOW H� FMOHIES�INC. ,. Nomas M Murphy suR c c c AUMOR-TON NUMBER W 1772 ^^tV�.. ON:rn=moms:M nRu >aAlx t®swNW ' srE 0 ENOEMCE OF PROPOSED -GES TO I -OF-WAY .HES NO EYIOENOE OF 9DEWNK 18. OFFIOK RECORDS BOO[ 5435. PAGE 3558 IS LOCATED ON THIS AS SHOW • S Murphy, o -Mole ,-�j CONSTRUCTION OR -R. ON SURWT. 5 PROPERTYTY w`�i OFT1aK RECWOS BOO[ 5435. PAGE 3562 IS tMAMD ON M AS SNOW S NO FEND OWNEATOH OF PERMDS ARE ON THE PROFEFTY. NO -TE EASETIEHTS OR SONTIufs HAW BEEN DISCLOSED. WRFq,LL RECORDS BOOK 5435, PAGE 3570 IS LOCATED ON NIS PROPERTY AS SHOW OL4 -WY, " 1 tammu,phy@ Date: 2019.0] T6 1 49 -04�00� ALTA/NSPS SURVEY m YNID rnIIDUT TI[9gM,IIIE WD AT 1095/69 2/15/18 Iso Encore 1Nar a -'FL.54„0 N." -' _ H-SB9-2 LAND UNIT 2 ® °^A"^' BEN 2 ,6 LAND TITLE I,�, ; Imam,IAIW,aII NB IIYPv. Phon¢;(239j25E-2000 HOLE MONTES F1onea-^ -1-7or FRREw6.RANHi9-6 TES Aw,P,vamn NR. 1777 18soo HIWASEE COMMERCIAL CENTER, A LAND CONDOMINIUM _- P M+t y� 1 O 1 e p ,AAM - 13-49-25 I I PUD ' 11 1 1 KENSINGTON PARK „tS E ; ....... [ ---ELOPEDRESIDE----- AND GOLF '�+..�.�..--------------------------------------------- - -----L!------------------...�-+- --------------------------------------------------------------------------------- THE RELATEp GROUP r I I Y — _ ._ - �. _ _ _ .._... -. •. — — — —•_ _ _ i r TYPE �B"• BUFFER 15' 'I YPE "B" BUFFER 15 - F705TINIG PVD WATTA -GRAVEL .RjA AGEMENT: �' •ROAD r ,; i u COSTA -PTS. I PE -D" BUFFER (1 D'] r r� ;� �E � iiEi7 Rf. - TY i •2 i 4 'r t 5 , U.E.. ?,35' FPL.EASEM - REOWRED 2O'C.U.E&• - - �, r SECONDARY ACCESS TO REVISIONS CLOUDED IN RED r a r r- -•�` 'e.�:r--- --------------- -- -- -- ----------------------------------�'-- --- -- -- --- - -- - --- IE F.---- -- -- -- -- -- ------ -- -- -- - - ' LA COSTA {PRIMARY A� PUD ----=--=--=---=--���--� i i -- - __ 'i OFF PINE RIDGE ROAD} KENSINGTON PARK ip iA €E I REQUIRED 15'C,U.E k- �WATER{ NANAGENENT AREA #-:------- ' -- - - - - - - - --- -_ ------ • - L " ,� . — — _—..__. I MAINTENANCE 23 7i PARKING AREA - . ACCESS TO 6LDIS 1® r COUNTY DETf7TO N ® BUILDING PARKING BUILDING / PARKNG BUILDING PARKING -n NO BUFFER REQUIRED -'` E (DEVIATION 'A [155EAST AREA 15'C U E i i t i AREA AREA EAPOND BUFFER {70'] TYPE "D' BUFFER (15'} OR "8" ROPOSE� TURN LANE _--_-,------ -- - TYPE `D` BUFFER {15'] ^ ---------- ----__, TYPE BUFFER (15')++ _—_----_-___ LIVINGSTON -DAD r' ---__ — -- --- ' '1 - _'----------`----_ (ACCESS CLOSED PER COUNTY PUD ZONED r A j PLO PUD ARLINGTON LAKES I VACANT I BRYHWOOD PRESERVE 1 BALDRIDGE DEVELOPED RESIDENTIAL I J I SINGLE-FAMILY RESIDENTIAL I I I SHOPPING PLAZA I DEVFLOPM04T REGULAMNS: -AIN. LOT AREA 2D,000 S.F. MIN. LOT WIDTH TDD FEET l MAMMUM }EIGHT 35 FEET 0 FPL EASEMENT AREA a 7.55+1_ ACRES (60%+1-ofTolalSReArea ) MIN. FLOOR AREA 1000 S.F. (GROVHD FLOOR) DEVELOPMENT AREA = 4.97+1- ACRES (40%+A of Total Slee Afe ay --STANCE BETWEEN STRUCTURES 15 FEET MIN, OR 1/2 BH ON SAME PARCEL DOES NOT INCLUDE DAB +1- ACRES OF TYPE B OR 50 FEET MIN. BETWEEN INDOOR BUFFER LOCATED WITHIN THE FPL EASEMENT STORAGE BUILDINGS MIN. YARD REWIREAIENTS; ® APPROXIMATE TOTAL AREA OF SITE = 72.51 ACRES (100%) FRONT YARD LVANGSTDN ROAD - 25 FELT, MEASURED FROM THE PUD BOUNDARY, EATONWOOD LANE - 22 MLASVRED FROM THE PUD BOUNDARY. ® MOTES: y� ® SIDE YARD 15 FELT OR 0 FEET ADJACENT TO THE FPL EASEMENT. MAXIMUM BUILDING HEIGHT FOR PROPERTY IS 35. 8 REAR YARD 15 FEET OR D FEET ADJACENT TO THE FPL EASEMENT * THE WATER MANAGEMENT AREAS 16.0 ij MAY SE LOCATED WITHIN THE FPL ea o 60 12U EASEMENT. SCAIE N "E l m ,m,J4.'A. '^.A. ** PLEASE 5E£ SECTION 4.17 c.2 OF THE C P U D ORDINANCE. st" W ® wsr � �r,.ieb .nsnn IR�Aa m .air � xu+e.e .crs"xa ■xm� suns ou.�.0 mrm .mear ��rl+t n 9'.q L�MYTHE *qm"'P°" `L� 10 CPU❑ MASTER PLAN HIWASSE CPUQ ""F10LE MONI"E82�9EXHIBIT"A" "IME17011 game KAM iwlnwvelmrwi�rx_ DATED 7 19 18 1 or 1 REVISIONS CLOUDED IN RED REVISIONS CLOUDED IN RED C i xrc r.ar p - --- ----------- - ------- ------------ ----------- - -==_ca=-=� =__= =-________ =____� =____�-___= f+ LIVINGSTON ROAD (PUBLIC) PUD BOUNDARY 12'W10E E asnNG COMPENSATING R.O.W. 15' WIDE TEMPORARY C.U.E. 1 ----------------------^-_--^-----^---�--- 25' SETBACK 25' SETBAM -----'---------------------------------- IL ti 5 --- -- ------rAE 54' 15' WIDE LELE. %. BLDG. 4 sa' BLDG. 5 isa' N �npj 1 551, 54' 52 O.R. 6435 PG. 3550® S4 ------ [ Fj j� it L i. 11 r 5'WIDE FPL EASEMENT O.R. 3432 r PG 452 66'S AGK - �._ - IyIA 1 fl k L ft I ® ®FUTURE COUNTY 8"FORCE MAIN ® REOUIRED 20'WOE C.U.E. FUTURE COUNTY 24TORCE M N41 I i 41 ii i u i u f u i f f i n i 0 fr rf s f �y ff 15'WIDE U.E. i y FUTURE 10'WIDE ASPHALT O.R. 5435. 3550 I ii I I 0 SIDEWALF</BIKEPATH 20'4r4DE STABILIZED 20'11NDE STABI O. WIOE LB.E f lr ik FPL ACCESS FPL ACCESS i 1 `� i LIM 15'N10E U.E. Q.R. 5435. PG. 3550 jfi ii II _j�_�i ii I I NOTE: EXACT LOCATTONS OF PROPOSED EASEMENTS AND SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS �rl •�tii � I MAY VARY BY MUTUAL AGREEMENT OF COLLIER 10'WIDE L.B. COUNTY AND THE DEVELOPER. HlWA55E P.U_0. N "a "�°� �ncn.us+lsftw rlo�e�nGerres ��,•� mm"wo6nsm�na EXHIBIT A-1 EATDNWQdD LANE and FPL EASEMENT INTERFACE EXHIBIT +� P 107GPDI2 ••8 4887-01 „„� 2001.076 „a nr 1 �,,,, ^^� 1� REVISIONS CLOUDED IN RED HEX NO. 2018 -- 01 HEARING EXAMINER DECISION PETITION NO. PDI-PL20170002544 — Livingston Pro Center, LLC requests an insubstantial change to the Hiwasse PUD, Ordinance No. 04-75, as amended, to reduce the front yard setback, revise a development commitment relating to transportation, add two new development commitments relating to utilities, add two new deviations relating to landscaping and buffering, remove one deviation relating to sidewalks and bike paths, modify the plant material notes on Exhibit "C," and revise the Master Plan to reflect these changes. The subject property is located on the west side of Livingston Road, approximately one quarter mile south of Pine Ridge Road, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, consisting of ±13 acres. DATE OF HEARING: January 11, 2018, continued to January 25, 2018 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Sections 10.02.13 E.1 and 10.02.13 E.2 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application and no members of the public attended in opposition. A letter of support was received from the adjoining Kensington Park Master Association. Five members of the public attended the Neighborhood Information Meeting (NIM) and no opposition was noted. The changes requested were realized during design of proposed development for the Hiwasse PUD. An existing County -owned 8 -inch force main was discovered located within t h e eastern twenty feet of the PUD boundary. There is no utility easement at this location. Development plans for two projects had been submitted to Collier County. The first, Lock - Up Storage (PL- 20170001705), which is located on the northern portion of the Hiwasse PUD, was approved. After SDP approval design revisions were required to address an issue related to the requirement for measuring the front yard setback from a 5 -foot wide easement required for compensating right-of-way along Livingston Road. Rather than wait several months necessary to determine and complete the process to address this issue, the developer of Lock -Up Storage decided that he would re -design the site such that it could then move forward with the approval without delay. [17 -CPS -01696/1391877/1]167 1 of The impact on the second proposed development, Naples Motor Condos at Hiwasse (PL - 20160002025), which covers the southern portion of the PUD, could not be easily resolved by a redesign. As a result of the force main discovery there is a need for new easements and with the setback issue described above, several changes to the Planned Unit Development (PUD) were applied for through the insubstantial change process. These issues in summary are as follows: a. Granting a temporary easement to the County for the existing 8 -inch force main encroaching on the property along the Livingston Road frontage. b. Granting a 15 -foot wide utility easement located adjacent to Eatonwood Lane to provide for connection to the relocated 8 -inch force main. c. Granting a 20 -foot wide easement within the FPL easement to accommodate both the relocation of the existing 8 -inch force main encroaching on the property along the Livingston Road frontage, and a new 24 -inch force main necessary to connect the North and South Regional Water Reclamation Facilities. d. Requesting a one -foot change (25 feet to 24 feet) to the southern setback from the PUD boundary. e. Clarifying that the Livingston Road setback will be from the PUD boundary. f. Clarifying the obligations for the construction of the bike path/sidewalk. g. Requesting a deviation from building foundation plantings for the automobile self - storage use. The existing PUD language contained a requirement for the developer to construct a pathway within the existing FP&L easement on the west side of the PUD. The Collier County Real Property Department provided an appraised value for the easements and a cost for the developer's obligation to construct the pathway. The difference between the two costs were negligible and the developer agreed to provide the easements in exchange for the release of the construction obligation. DECISION: The Hearing Examiner hereby a roves Petition Number PDI-PL20170002544, filed by Robert J. Mulhere of Hole Montes, Inc. representing Livingston Professional Center, LLC, with respect to the property as described in the Hiwasse CPUD, Ordinance No. 04-75, as amended, for the insubstantial changes described herein. Said changes are fully described in the Hiwasse CPUD amendment and Master Plan attached as Exhibit "A", and are subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A -- CPUD Amendment and Master Plan LEGAL DESCRIPTION: See Ordinance No. 04-75, as amended, the Hiwasse CPUD. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. [ 17 -CPS -01696/1391877/11167 2 of 3 DISCLAIMER: Pursuant to Section 125,022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a pennit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. l ?b ( 1 Date [ 17 -CPS -0 1696/1391877/1]167 3 of 3 Mar Strain, Hearing Examiner I Approved s to form and legality: Scott A: Stone Assistant County Attorney Exhibit "A" to HEX No. 2018-01 Page 1 of 8 SECTION ONE: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD The Table of Contents/Exhibits Page, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: TABLE OF CONTENTS Page SECTION I Statement of Compliance...................................................3 SECTION 11 Property Ownership,'Legal Description, Short Title and Statement of Unified Control..............................................4 SECTION III Statement of Intent and Project Description ..............................5 SECTION IV General Development Regulations-- . ..................................6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development.................................................................13 SECTION VI Development Commitments..............................................15 EXHIBITS Exhibit A — PUD Master Plan Exhibit A-1 — Eatonwood Lane and FPL Easement Interface Exhibit Exhibit C — Landscape Detail & View Elevation/Cross Section Study Exhibit D — Architectural Schematic Page 1 of 5 Words 'nmk4hreL = are deleted; words gp der ' ed are added. I1A2001\2001076\WP\PDR11EW1ex Conti nuanceM iwasse PUD (PDI-PL20170002544) (1-25-2018).docx Exhibit "A" to HEX No. 2018-01 Page 2 of 8 SECTION TWO: AMENDMENTS TO SECTION V, PERMI'T'TED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO, 08-34, THE HIWASSE PUD Section V, Permitted Uses and Dimensional Standards for Commercial Development, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS A. Minimum lot area — 20,000 square feet B. Minimum lot width — 100 feet C. Minimum yard requirements: 1. Front yard_ --4-5-feet Livin Ston Road — 25 feet measured from the PUD boundary, Eatonwood Lane -- 24 feet measured from the PUD bound 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the Collier County LDC are met. Page 2 of 5 Words same( g# are deleted; words underlined are added. HA2001120010761WP1PD11HEX\Hex Continuanee0wasse PUD (PD1-PL20170002544) (1-25.2018).docx Exhibit "A" to HEX No. 2018-01 Page 3 of 8 SECTION THREE: AMENDMENTS TO SECTION VI, DEVELOPMENT COMMITMENTS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO. 08-34, THE HIWASSE PUD Section VI, Development Commitments, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: 6.2 TRANSPORTATION REQUIREMENTS G. The developer, or its successors in interest, shall eenstrae grant, free and clear of all liens and encumbrances at no cost to the County_ an easement_ to _allow a 10 - foot wide bike path/sidewalk along the existing FPL service road upon request by the County. The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bike path/sidewalk system. The bike path/sidewalk shall be located as depicted on Exhibit A -l. Construction of the bike ath/sidewalk as well as installation of my associated landsgaping, landscaping,shall be the responsibility of the -CoMply. if FPL does not give its pefmissien to leeate th-e sidewa4k/bike path within its easement, th -e developef, or in , shall eenstruet the 6 feet wide -sidewalkPbike path aleng bivingSlen Read. 6.3 UTILITY REQUIREMENTS C. The developer, or its successors in interest shall ant at no cost to the Co= and free and clear of all liens and encumbrances a 20 -foot wide county utility easement within the FPL easement to accommodate both the relocation of the existing 8 -inch forcemain encroaching on the roe alongthe Livingston Road frontage, and a new 24 -inch forcemain necessary to connect the North and South Rei4ional Water Reclamation Facilities. The developer, or its successors and/or assigns—shall ant at no cost to the County and free and clear of all liens and encumbrances a temporary county u,_ tility easement to the Counjy for the existing 8 -inch forcemain encroaching on the property along the Livingston Road frontage. The temnorary easement shall terminate one gear after the official acceptance of the public improvements by the Board of Count Commissioners of Collier Coun Florida or on com letion of the Project, whichever comes first See Exhibit A-1 for UQhic illustration of easement locations and dimensions. Page 3 of 5 Words s# aek4hreugh are deleted; words underlined are added. K0001120010761WP1PDIIHZMHex Conti nuancMiwasse PUD (PDI-PL20170002544) (1-25-2018).docx Exhibit "A" to HEX No. 2018-01 Page 4 of 8 D. The developer, or its successors in interest, shall grant, at no cost to the County and -free and clear of all liens and encumbrances a 15 -foot wide com4ty utilily easement located on the southern portion of the property to provide for connection to the relocated forcemain._described in Section 6.3 C. See Exhibit A-1 for graphic illustration of easement locations and dimensions. Page 4 of 5 Words atmek tiffou are deleted; words underlined are added. H:\2001120010761WP1PDr\HMHex Continuanae\Hiwasse PUD (PDI-PL20170002544) (1-25-2018),docx Exhibit "A" to HEX No. 2018-01 Page 5of8 SECTION FOUR: AMENDMENTS TO SECTION VII, DEVIATIONS, OF THE PLANNED UNIT DEVELOPMENT DOCUMENT, ATTACHED TO ORDINANCE NO. 04-75, AS AMENDED BY ORDINANCE NO, 08-34, THE HIWASSE PUD Section VII, Deviations, attached to Ordinance No. 04-75, as amended by Ordinance No. 08-34, The Hiwasse PUD, is hereby amended to read as follows: 7. DEVIATIONS A. A deviation from Section 4.06.02 CA, which requires a 10 -foot wide Type "D" landscape buffer along the southern PUD perimeter boundary abutting Eatonwood Lane to allow no landscape buffer abutting Eatonwood Lane for a distance of 155' as depicted on Exhibits A and A-1. Sabseet4eia 6.06.02.A. 1 of eenstfueting a 10 fae� %4de bike pa4hisidewalk meeting Ge" Standards, or- a-6 feet wil- —Ipwalk and bike path aleag Li-,�iftgstaft Read. B. A deviation from Section 4.06.05 C which requires that all commercial buildings have foundation plantings located adjacent to building entrances), primar facades and/or along facades facing a street to allow the required building foundation plantings to be located in landscape areas throughout the site. This deviation is applicable only to the automobile self -storage use. Page 5of5 Words swaGkArenh are deleted; words underlined are added. H: 12001120010761WNPDMEX\Hcx eontinuanceViiwasse PUD (PD1-PL20170002544) (1-25-2018).docx I PUD KENSINGTON PARK i I! I 1\ II I , • I ------------------DEVELOPED- RES------- _AND _GOLF _______________________—_—` ---------------------------------- ---" II1+00 BUFFER (. . . - - - - - " TYPE ."B. BUFFER (15j'` mGRSAVEL : - - WATER - - - • - RDAD� _ .MANAGEMENT* . - " --AREA.,t- , f- REQUIRED �" " TYPE "0" BUFFER (10') 1 - - - ' REOUIRED 20' _U E.&. - - I •Iw I j `�•/-15'C.U.E. - 235' FPL -EASEMENT PUD KENSINGTON PARK PUD I ZONED : A f • 1 i'f�. WATER MANAGEMENT. AREA PUD ARLINGTON LAKES (VACANT) f BRYNWOOD PRESERVE , S >Y({.)a SY A<] taw... _ •rte✓ g '��...fr'1'• i i I DEVELOPED RESIDENTIAL 1i ( SINGLE-FAMILY RESIDENTIAL 1 I (SNOPPNM. PLAZA J' Q �2'int x, �` � �•dai`"`. ° n? h.�nu� �a ✓: �l ^j DEVELOPMENT REGULATIONS: .3.a�.sse�'��y"1�Tumk'� g Cf .-r MIN. LOT AREA 20.000 S.F. „hi+��q c `�`f•'`t!"'er&�'..•'�'*+�� 4C �C-iiaJ��L. t ,-6 'n' `' f.�."i'd- •.G MIN. LOT WIDTH 100 FEET • : ]' • • 71 a • • D r=� a� •r, 1 �S'�lS,j�� iJ'�{{,, 37rwv♦'3�S"�i�Y4•� tom_ 1 �'�.� A*aa1 �r •'!- i iy'Y } sj 'iso `m �3^5� 'tt, �_. �'•i•7' rslP�" '�d'� 1 f s,�t t' % - MIN. FLOOR AREA 1000 S.F (GROUND FLOOR) �r-Yd3'fl s 'x..,74' ,r � .. .a.� ... f -w ( U1 COSTA APTS. SECONDARY ACCESS TO LA COSTA (PRIMARY ACCESS OFF PINE RIDGE ROAD) DETENTION TYPE t POND —----------- TYPE "D' BUFFER (15) OR__/ _ -PROPOSED TURN LANE —TYPE "D" BUFFER (15') _TYPE "B' BUFFER (75')`• -- - - "_ _ _` -= __- LIVINGSTON ROAD ----------------------------- ----- '------------------------------------------/ I ACCESS CLC PER cau PUD I ZONED : A f PUD ( PUD ARLINGTON LAKES (VACANT) f BRYNWOOD PRESERVE , i i I DEVELOPED RESIDENTIAL 1i ( SINGLE-FAMILY RESIDENTIAL 1 I (SNOPPNM. PLAZA J' DEVELOPMENT REGULATIONS: Cf .-r MIN. LOT AREA 20.000 S.F. _ MIN. LOT WIDTH 100 FEET Q FPL EASEMENT AREA = 7.55-P ACRES (60% -1 -of Total Slee Area) D MAXIMUM HEIGHT 35 FEET - MIN. FLOOR AREA 1000 S.F (GROUND FLOOR) IM DEVELOPMENT AREA = 4.97+/- ACRES (40%-l-o1T0t01 Site Area) " DOES NOT INCLUDE 0.48+/- ACRES OF TYPE 8 0 DISTANCE BETMEEH STRUCTURES 15 FEET MIN, OR 1/2 BH ON SAME PARCEL BUFFER LOCATED WITHIN THE FPL EASEMENT 2 OR 50 FEET MIN. BETWEEN INDOOR STORAGE APPROXIMATE TOTAL AREA OF SITE = 12.52 ACRES (100%) m BUILDINGS MIN. YARD RFAUREMENTS: A /� X A FRONT YARD LIVINGSTON ROAD - 25 FEET, MEASURED FROM THE PUD BOUNDARY. NOTES: Z FATONY40W LANE - 24 FEJT. MEASURM FROM THE PUD BOUNDARY. ® MAXUM BUILDING HEIGHT FOR PROPERTY IS 35•. IM V A SIDE YARD 15 FEET OR 0 FEET ADJACENT TO THE FPL EASEMENT. * THE WATER MANAGEMENT AREAS (6.0 t) MAY BE LOCATED WITHIN THE FPL w o m ,m () O EASEMENT (Q IV B REAR YARD 15 FELT "OR 0 FEET ADJACENT TO THE FPL EASEMENT. ++. PLEASE SEE SECTION 4.17 c, 2 OF THE CPUO ORDINANCE,`_ ,• - ••' (D O ® rclr w 1•I•ll• ama V.A. A, tali w.ro ate" IMM. ­--mm,otr as v e� ~ 1 Ilm•t/�b" • t IAL hz,en o1.•®re{m..lr.,,ultr _..,.. •50 E . W.Y F NgMti FL].t,o CPUD MASTER PLAN 1078PUD `•� -ye6 THE HIWASSE CPUD -=o� ��40 i 1 ° �. � S EXHIBIT "A" "" — �� M� �/A 9a®6NG1es•Atrols " •"^Iro.,m DATED 1/24/18 2001.076 1 w 1 ---------------- IIViNGSTON ROAD (PUBLIC) PUD BOUNDARY® ---------- -------------------------------------- 12'WIDE EXISTING COMPENSATING R.O.W. 15' WIDE TEMPORARY C.U.E. '-25' SETBACK 25' SETBACK -------------- —------- — ------------------- ---- ---------------------------- -- r ------------- fl ------------___—------------------------ I TING 8' � _ - _—_---------------- -------------- ---------------------- �.. 4- . - -. 15' WIDE LB.E 10'WIDE 1 PATHWAY ` ; 'REQUIRED;; BLDG. 4 BLDG. 5 50 BLDG i 50'. `� {; u! ;; NO BU (155' EST/WEST) ® 52 REQUIRED 15'WIDE C.U.E >.. r 24' SETBACK 5'WIDE FPL EASEMENT t+ 1 ` i m t I { iii ii ; _ ' x i ®FUTURE r tt i f ®FUTURE COUNTY B"FORCE MAIN m REWIRED 20'WIDE C.U.E COUNTY 24"FORCE MAIN O" E I t1 -•,:. ... .. - tl t O E REQUIRED® I ;i i ( i Z FUTURE 10"WIDE ASPHALT ` 15'WIDE C.U.E. I I! I\ I f O ;; I .--► 0 SIDEWALK/BIKEPATH 20'WIDE STABILIZED 20'WIDE STABILIZTTI 10'WIDE LB.E. 7 Q li t FPL ACCESS FPL ACCESS W ;i F REQUIRED \• +I. ;I tt m ®155WIDE C.U.E. q Il NOTE j it Z { EXACT LOCATIONS OF PROPOSED EASEMENTS AND j 1. �� �j—��� ;i O d SIZES OF RELATED INFRASTRUCTURE IMPROVEMENTS MAY VARY BY MUTUAL AGREEMENT OF COWER DEVELOPER IWWIDE LB.E COUNTY AND THE —4 j— HIWASSE P_U.D. � l ; P� ,� EXHIBIT A-1 EATONWOOD LANE and FPL MENT INTERFACEXHIBIT EASEE .ewe 1 EE 2001.076 1 or 1 s 11 I ' t•rr I I I , 155 v iii. I 23S amwGiPARK I _ fPtE�1�1S'NEW PUDrose l-�r-s . UNDEVELOPED PARCEL HIWASSE INCORPORATED- NAPLES, FLORIDA -EXHIBIT ficil LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 Revised 9/28/17 oer Countv Comments Revised 11/28/17 per County Comments ) V i PARK _ 1 TYPE 'A' OFFER nIi I I l i 11 P.0 -D_ I A II!'I ESMT. �iAI, l 11' _Ij I - m 100 (a Ip IIS II Ii I In d� Ilei iI�I I KENSINGTON I '� IUr I �� �z I I Iji I HIWASSE INCORPORATED- NAPLES, FLORIDA -EXHIBIT ficil LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 Revised 9/28/17 oer Countv Comments Revised 11/28/17 per County Comments PARK 1!) 35 FPL I 1 Na76 P.0 -D_ I ESMT. 155' 11' 0-- - 20' Min- 1 100 Kz" .t_ I I - Peb PUD (m 11•e ...( wde of tM FPL sasemm!) b e t)pe tr bnffe, n 4 _ • • 1..: I.�P�,Ir �,. fa.e.b,a I c 17 tel trer (14' ww- Df .efircd] p< FPL .kW—) -Pamd et a _ �- - - _ • ' Rr j_ _ mmdnwm d 75 — -4 a .44.+wn of 20- nc f _ i e •• b. 4. t'"" (.Pen Metepet ) ed Pfanb .pool eyey 4- ac b e— ^�^^9 tlw .eaten q. yvAiNrt acasn eW/or dbn9 site P-b—tc. P t - -- _- _ i R.uti WVAI/1.4,°�Sil(ffi.__ V B"I ( I THEE V i I Il I �Ilewedl'�*rv�v4+v t I a Red Meet. II 1 0 100 c 0a'_/E Pdatba Hwy 1 } - PALMS n std Pdin u W..M T. pd" TYPE D BU FFER • ♦ - 5"RU@S EATONWOOD C � 0 0 ^+^ 1 W.a m,Al. 0. °d LANE � SEE EXHIBIT 1eA" FOR �• P R,", - C_ -P_ n } R.te lbet e, eyeF.d a" t n also the _W ed ig. v Wff— b, I BUFFER DEVIATION it • - - yebldv omen made a be a..bed -thi- the wffe _ s.clb.-.•.I�pfred - FPL•..e.ema.e iut me, be KEY MAP rfiembw - I�t.udy i Alfem u_ o ob.p. _entl f— Pat W 1,,A h Pfau of Pdn .4U*, the FPL ememml sad. dtemathv ' - ple,Ui h.1 be wm..d by FPL and Comer CWIO*. HIWASSE INCORPORATED- NAPLES, FLORIDA -EXHIBIT ficil LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 Revised 9/28/17 oer Countv Comments Revised 11/28/17 per County Comments ORDINANCE NO. 0$- 34 b3•.1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-75, THE HIWASSE PLANNED UNIT DEVELOPMENT (PUD), BY PROVIDING FOR: SECTION I, AMENDMENTS TO COVER PAGE; SECTION II, AMENDMENTS TO TABLE OF CONTENTS/EXHMITS PAGE; SECTION III, AMENDMENT TO PROPERTY OWNERSHIP - SECTION; SECTION IV, AMENDMENTS TO LANDSCAPING SECTION; SECTION V, AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION; SECTION VI, AMENDMENTS TO DEVELOPMENT STANDARDS SECTION; SECTION VII, AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION; SECTION VIII, AMENDMENTS TO WATER MANAGEMENT REQUIREMENTS SECTION; SECTION IX, AMENDMENT ADDING A DEVIATIONS SECTION; SECTION X, AMENDMENT TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE FROM THE PUD DOCUMENT TO LEAVE ONLY THE GENERAL CITATION TO THE LAND DEVELOPMENT CODE; SECTION XI, AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN; SECTION XII, AMENDMENT TO EXHIBIT C, CROSS SECTION STUDY ALSO REFERRED TO AS LANDSCAPE DETAIL AND VIEW ELEVATION; SECTION XIII, AMENDMENT ADDING EXHIBIT D, ENTITLED "ARCHITECTURAL SCHEMATIC"; AND SECTION XIV, EFFECTIVE DATE. WHEREAS, on November 16, 2004, the Board of County Commissioners approved Ordinance Number 04-75, which established the Hiwasse Planned Unit Development (PUD) Zoning District; and WHEREAS, Livingston Professional Center, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc,, petitioned the Board of County Commissioners to amend the Hiwasse Planned Unit Development (Ordinance Number 04-75). Page 1 of 8 Words underlined are additions; words stFdsk thfe+O are deletions. Revised 711/08 77?"?�� NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I: AMENDMENTS TO COVER PAGE OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD The Cover Page, previously attached to this Ordinance as Exhibit "A" to Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: HIWAS SE A Planned Unit Development PREPARED BY: ROBERT L. DUANE, A.LC.P. RICHARD YOVANOVICH, ESQ. HOLE MONTES, INC. GOODMAN, COLEMAN & JOHNSON 950 ENCORE WAY 4001 TAMIAMI TRAIL N., STE, 300 NAPLES, FLORIDA 34110 NAPLES, FLORIDA 34103 HM Project 2001076 NOVEMBER, 2002 REVISED JUNE 2008 Date Reviewed by CCPC: Date Approved by BCC: 2 ?Sy0$ Ordinance No. 2aa s--2 Amendments & RepealsOt[-1-5 EXHIBIT "A„ SECTION II: AMENDMENTS TO TABLE OF CONTENTS/EXHIBITS PAGE OF ORDINANCE NUMBER 04-75, THE HTWASSE PUD The Table of Contents/Exhibits Page of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: Page 2 of 8 TABLE OF CONTENTS Page SECTIONI Statement of Compliance...... ........................................................................ 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control....................................................................... 4 SECTION III Statement of Intent and Project Description ................................................. 5 SECTION IV General Development Regulations .........—.................................................. b SECTION V Permitted Uses and Dimensional Standards for Commercial Development............................................................................................... 13 SECTION VI Development Commitments....................................................................... 15 IAN .CM Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail fffid & View Elevation / Cross Section Study Exhibit D Architectural Schematic SECTION III: AMENDMENT TO PROPERTY OWNERSHIP SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 2. 1, entitled "Property Ownership" of Ordinance Number 0475, the Hiwasse PUD, is hereby amended to read as follows: 2.1 PROPERTY OWNERSHIP The property is owned by ImEwHse Inc. Livingston Professional Center, LLC. SECTION IV: AMENDMENTS TO LANDSCAPING SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Page 3 of 8 Words underlined are additions; words stmsk thmiio are deletions. Revised 7/1/08 '- Section 4.14, entitled "Landscaping" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Diyisiaii '." of the Collier County Land Development Code. However, an enhanced Type `B" buffer will be provided along the ern western edge of the FPL Easement Area subject to dieif FPL approval. A cross-section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDI' approval, a letter shall be provided from F4zF FPL, stating that the enhanced `B" Buffer area meets with their approval. An- enhanced Type B landscaped buffer shall be provided along Livingston Road for the indoor self -storage buildin' constructed in excess of 150 feet in lenath in a north -south direction as provided in ParagrRh 4.17.C. These enhancements shall include trees placed on 20 -foot -centers with a double staggered row of palm trees or similar tree types approved by Count Planning Staff, 12 and 16 feet in height, to be planted within the 25 -foot wide combined buffer and foundation planting area far the full, length of the building {See also Section 4.17.1 SECTION V: AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 4.17 entitled, "Architectural and Site Design Standards" of Ordinance Number 04- 75, the Hiwasse PUD, is hereby amended to read as follows: 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS C. Building Design Requirements In addition to the Collier County Land Development Code D ivisieft 2,8 requirements, the following is required: 1. Overall building dimension for officeand similar uses shall not exceed 150 feet in either direction. 2. Indoor self -storage building dimensions shall not exceed 150 feet in either direction, except „that one self -storage building will be allowed with a maximum north -south dimension of 270 feet If a self -story a buildin reater than 150 feet in length in a north - Page 4 of 8 Words underlined are additions; words stpaek thr-eugh are deletions. Revised 7/1/08 south _direction is constructed, it shall be the only self -storage building permitted for the PUD and will be accompanied by the following: 1 A combined ri ght-of-wayand building foundation buffer 25 foot_ wide buffer which includes a 15 foot wide Type B landscape buffer along—Livingston Road and the buildin foundation plantings for the full length of the building_ The buffer and building foundation landscaping may be„divided to accommodate the project's drainage outfall pipe located between the building and Livingston Road. bj A projection one story in height on the southern fagade of the buildingf� acing_ Eatonwood Lane such as but not limited_ to a covered entrance as depicted on Exhibit D that will not affect the maximum 270 foot allowable building length. cl A minimum 50 foot front yard setback from the „south, property, line abutting_Eatonwood Lane). 2-.3.The architectural style for the subdistrict shall be consistent throughout and shall be .established by the initial building design and shall blend with surrounding developments. SECTION VI: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION OF ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 5.5 entitled, "Development Standards” of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: 5.5 DEVELOPMENT STANDARDS I. Use of FPL Easement Area — Open space, storm water management and landscaping _buffer, existing FPL access road, bike path, sidewalk fire truck access a portion of the ro'ect access road electric lines with a urtenances and underground utilities laiidseape buffe6a shall be the only allowed uses permitted in the FPL Easement Area. K, Depository Institutions are limited to the northern portion of the PUD only. may only -be developed at seeh tifne as a traffie signal has been installed 4 the intim ..t: of T „f' est.. Dead and T 8t. Dead aaa�vauvv�a Vii Va 1�µ�._.V iiµ A<VGi . Page 5 of 8 Words underlined are additions; words 4ftiek- through are deletions. Revised 711108 ` 1 " Y7r SECTION VII: AMENDMENTS TO TRANSPORTATION REQUIREMENTS SECTION OF ORDINANCE NUMBER 04-75, THE HiWASSE PUD Section 6.2, "Transportation Requirements" of Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to read as follows: E. Shared access is permitted north of the subject property on County - owned Rropert„y as depicted on the PUD Master Plan;_ The access shall be designed to Collier Countv standards and shall be subject to final approval by the Collier County Transportation Division. The developer shall be responsible_ _for constructionand maintenance of the access road, drainage facilities, landscaping and other related improvements. In_ the_ eyent_that_ the Related Group PUD will not share in the cost of proposed improvements, access shall not be shared. aeeess eannot be reaelied, then only et fi& in fight out aeeess is FUD Master- Plan south of the shared aeeess afea. The access shall also include shared access with the LaCosta Apartments to the West. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either- the permitted access location, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier ' County Public Right -of - Way Manual and Ordinance 82-91. A non-exclusive five-foot wide roadway easement shall be provided for the length of the turn lane, G. The developer, or its successors in interest, shall construct a 10 foot wide _bike path/sidewalk along the existing FPL service road ul2on request by the County. -The location of the bike path/sidewalk shall be consistent with the alignments for the County's proposed bikepath/sidewalk system. If FPL does not give its permission to locate the sidewalk/bike path its easement, the developer, or its _within successors in interest, shall construct the _ 6 foot wide sidewalk/bike 12ath along Livingston Road. SECTION VIII: AMENDMENTS TO WATER MANAGEMENT REQUIRMENTS SECTION TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD Section 6.5, Water Management Requirements, of Ordinance Number 04-75, the Hiwasse Page 6of8 Words underlined are additions; words stmek-throiigh are deletions, Revised 7/1/09 101'14"Y PUD, is hereby amended to add a new paragraph to read as follows: D. The develo er shall accommodate the stormwater run-off from Eatonwood Lane should there be no drainage easement presently in place to accommodate said runoff. SECTION IX: AMENDMENT ADDING A DEVIATION SECTION TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD Ordinance Number 04-75, the Hiwasse PUD, is hereby amended to add a section entitled "Deviations" to read as follows: 7. DEVIATIONS A deviation from Subsection 6.06.02.A.1 of the LDC to allow improvements to the existing FPL service road by constructrng_a_ 10 foot wide bike path/sidewalk meeting County standards or a 6 foot wide sidewalk and bike path along Livingston Road. SECTION X: AMENDMENTS TO ORDINANCE NUMBER 04-75, THE HIWASSE PUD, TO REMOVE ALL SPECIFIC CITATIONS TO THE LAND DEVELOPMENT CODE THROUGHOUT THE PUD DOCUMENT All sections and subsections of Ordinance Number 04-75, the Hiwasse PUD, are hereby amended to remove any and all references to specific numeric and lettered citations -to specific sections and subsections of the Land Development Code to leave only general references to the Land Development Code throughout the PUD document. SECTION XI: AMENDMENTS TO EXHIBIT A, THE PUD MASTER PLAN The "PUD Master Plan," Exhibit "A" of Ordinance Number 04-75, the Hiwasse PUD is hereby replaced with a new PUD Master Plan, attached hereto and incorporated by reference herein. Page 7 of 8 Words underlined are additions; words stmelttmag4 are deletions. Revised 7!1/08 -jynrx j- SECTION XII: AMENDMENT TO EXHIBIT C, CROSS-SECTION STUDY ALSO KNOWN AS LANDSCAPE DETAIL AND VIEW ELEVATION Exhibit "C," "Cross Section Study," also referred to as "Landscape Detail and View Elevation" of Ordinance Number 04-75, the Hiwassee PUD, is hereby replaced with a new Exhibit "C" entitled "Landscape Detail & View Elevation / Cross Section Study", attached hereto and incorporated by reference herein. SECTION XIII: AMENDMENT TO ADD A NEW EXHIBIT ENTITLED "ARCHITECTURAL SCHEMATIC" TO THE EXHIBITS ATTACHED TO THE PUD DOCUMENT Ordinance Number 0475, the Hiwasse PUD, is hereby amended to add a new Exhibit D entitled "Architectural Schematic," attached hereto and incorporated by reference herein. SECTION XIV: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners, -:'of Collier, County, Florida, this 24`h day of June , 2008. ATTEST: DWIGH'�t BROCRj OtFRK i� V. By: it w. u.Yt�� V. Attw a: to `�.�,� Irma Approved as'fo form and legal sufficiency: Marjorie M.nt-Stirling Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, RIDA • By: ?�L TOM HENNING, CHAIRMANO Page 8 of 8 !innne� fiie!1 �vtth tf;a t� r�;.!:� lVcTrj i�liG filtr01 2�Deputy Words underlined are additions; words straek thr-eagh are deletions. 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W, - ow mob.4 rL 3"'m GPW WASTER PLAN 197OW 4065-1 MOUNKINM Fl(?� W 2M.076 I DATM 5/26 LEGAL )DESCRIPTION A PARCEL OF LAND LOCATED W THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.0001517"E,, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THB NORTHEAST QUAR'T'ER OF SAID SECTION 13; THENCE RUN N,89023153"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120,00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND ME PQINT OE BE Lagoa OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S,00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°09'47"E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NOItI'HEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RiGHT•OF�-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE -B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES5 ANIS 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 5.89°50' l3"W,, ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KC?NSICiNTON PARK PHASE THRE&B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE -B; THENCE CONTINUE N.00015'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON TITS SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.89°23'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE F9M OF BEG IN ; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO LASEMENTS, RESERVATIONS OR RESTRUCTTON OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.00°15'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 U%:L001130D10761MJRTXHiBIT B LEGAL, DESCRIFTION.doc I [kin Cllm nmErm 7 x I0 IcnI 1 wo-s.cw�_ - - r^^la^r�.w..tol'n111wwtraWcd6ir Mr—T MAr mow►'" �IW'>rM+4n W`NdMracc.+lo�r.br +.+erde.rr. yh.rc HIWASSE INCORPORATED - NAPLES, FLORIDA - EXHIBIT "C" LANDSCAPE DETAIL & VIEW ELEVATION / CROSS SECTION STUDY REV. 6/08 PROPOSED ELEVATION - V!gW FRAM K9N§lN43TajN PARK (Vif.W FROM UVIMTON RD SIbNLAR-ORPOSITEi ARCHITECTURAL SCHEMATIC EXHIBIT V SELF STORAGE BUILDING - HIWASSE C.PUD NAPLES - FLORIDA FMeHER-h+OWS00t AKW w M Ems: U.C. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-34 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of July, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board' of. ' r, County Comml8si,wlavW �ff:l r.. By: Martha Ver ra, Deputy Clerj¢.•'•. �' WHEREAS, Robert L. Duane, AICA, of Hole Montes and Associates, representing HiWasse, Inc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. ; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sec&13;a Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 16'x' day of November, 2004. ATTEST:, DFI?ffall E.;B146G,k- ;CLERK . ust.ilR�flan's Approi.f tiir �0n37. Legal Sufficiency Patrick G. W ite Assistant County Attorney PU DZ -2003,A R-3561 /Uhp BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA BY: DONNA FIALA, CHAIRMAN This oedlmms %led w1% Ills of State's Office the doy of bWW✓W and eekrxrwl emer+� , fill received this dtsq of Page I of I ORDINANCE"N6.04- 7,,_ 234s AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER L DEC J 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, o 4' REM WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER Vfp N � COUNTY. FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAI' OR MAPS; BY CHANGING THE ZONING CLASS! FI �Z�ts1alu THE HEREIN DESCRIBED REAL PROPERTY FROM AC R3URALOAGRICULTURAL ZONING DISTRICT TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE HI WASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR -SELF STORAGE AREA WITH A MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY- FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5E ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICA, of Hole Montes and Associates, representing HiWasse, Inc., through PUDZ-03-AR-3561, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. ; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sec&13;a Township 49 South, Range 25East, Collier County, Florida, is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 16'x' day of November, 2004. ATTEST:, DFI?ffall E.;B146G,k- ;CLERK . ust.ilR�flan's Approi.f tiir �0n37. Legal Sufficiency Patrick G. W ite Assistant County Attorney PU DZ -2003,A R-3561 /Uhp BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA BY: DONNA FIALA, CHAIRMAN This oedlmms %led w1% Ills of State's Office the doy of bWW✓W and eekrxrwl emer+� , fill received this dtsq of Page I of I HIWASSE A PLANNED UNIT DEVELOPMENT PREPARED BY; ROBERT L. DUANE, A.I.C.P. RICHARD YOVANOVICH, ESQ. HOLE ;MONTES, INC. GOODMAN, COLEMAN & ,JOHNSON 950 ENCORE WAY AND 4001 TAMIAMI TRAIL N., STE. 300 NAPLES, FLORID,k 34110 NAPLES, FLORIDA 34103 HM PROJECT 2001076 NOVEMBER, 2002 Date Reviewed by CCPC: Date Approved by BCC: Novamher 1F,^ 2004 Ordinance No. 2004-75 Amendments & Repeals EXHIBIT "A" TABLE OF CONTENTS Pace SECTION I Statement of Compliance........................................................ SECTION lI Property Ownership, Legal Description, Short Title and Statement of Unified Control ........................... SECTION III Statement of Intent and Project Description..........................................5 SECTION IV General Development Regulations.....................................................5 SECTION V Permitted Uses and Dimensional Standards for Commercial Development .... 13) SECTION VI Development Commitments .......................... EXHIBITS Exhibit A -- PUD Master Plan Exhibit B — Legal Description Exhibit C — Landscape Detail and View Elevation SECTION I STATEMENT OF COMPLIANCE The development of +12.52 acres of.property in Section 13, Township 49 South. Range -�5 East Collier County, Florida, as a Planned Unit Development to be known as the Hiwasse PL'D. will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each Df the elements of the Growth Management Plan for the following reasons: 1.1 The property is located in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as depicted on the Collier County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor -self storage facilities to serve surrounding residential areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self -storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office, medical and indoor self - storage facilities develop on the property, for each two square feet of indoor self -storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub -district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is permitted from Eatonwood Lane. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of 200,000 square feet of indoor - self -storage area with a maximum height of three (3) stories of thirty-five (35) feet. Therefore, consistency with the Future Land Use Element ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The proposed development will result in an efficient and economical extension of community facilities and ser, -ices as required in Policy 3.1. G of the FLUE. 1.; All final development orders for this project are subject to the Collier County Concurrency ;Management System. as implemented by the Adequate Public Facilities Ordinance in Division 3'.15 of the Land Development Code and further required by policy 2.3 of the FLUE. 1.5 This PUD shall not become effective until petition CPSP 2003 - 12 is adopted by the C011ie! CountV Board Of COmmissioncrs SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESCRIPTION The legal description is provided for in Exhibit "B", 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-quarter ('/4) of a mile south of Pine Ridge Road, PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultural (A), 2.4 SHORT TITLE This Ordinance shall be knon-n and cited as the "Hiwasse Planned Unit Development Ordinance", 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 4 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC), The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acres in a Florida Power and Light easement area. The proposed uses are a mix of professional office and medical uses and indoor -self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ('`FPL") Easement Area that creates a separation from residential uses to the west will remain in open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas, open spaces and road rights-of-way as depicted on the PUD Master Plan Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements, All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document, B. The anticipated time of build -out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However. actual build -out will depend on market conditions. J SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Hi*wasse Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a conflict between the regulations established in the PUD or any other regulations. the regulations within the PUD shall prevail. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 EASEMENTS FOR UTILITIES Easements, where required, shall be provided for water management areas, utilities and Other purposes as may be required by Collier Counn•. All necessary easements. 6 dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. L.... ,. t.. ;,: f. ,? 7 i�cassc.l'L'll Document 1-8.01.d0e B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval, Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable, 4.7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.73.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shall be provided in accordance with Section 3.2,8.3,14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property, 4.14 OPEN SPACE The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2,6.32 of the LDC and are met within the FPL easement area. 4.11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2,4 of the Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. 8 I hwasseTl'D 1.1 S GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and are typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such offices, 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road — Ten feet (10'). 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. �. Minimum distance between unrelated structures — Ten feet (10'). 4. Maximum height of structures — Twenty -Five feet (75'). 5. Minimum lot or parcel area — 10,000 square feet. 6. Standards For parking, landscaping, signs and other land uses where such standards are not specified herein or within the Hiwasse PUD design !�uideiines and srandards are to be in accordance with LDC in effect at the 9 __�_.... _.r�---. _�. �..w_.._._._-.�..w.�..._.� _.. time of site development plan approval. 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be permitted in private rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted, 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations are acceptable. Signs with multi -color letters are not permitted. 4.17 ARCHITECTURAL AND SITE DESIGN STANDARDS A. Applicability The "Architectural Standards for Livingston Road/Eatonwood Lane Commercial Infill Subdistrict" have been created by the developer to promote a visually harmonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing 10 GABellowAAR-3561, HiwasseTUD Document 7-8-04.doc B. Intent appropriate property improvements. These standards replace related portions of the Collier County Architectural Guidelines (LDC Division 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional / medical offices and indoor self -storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements All Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: 1. Modify LDC 2.8.3.5.11 - Entryways/Customer Entrance Treatments as follows for indoor self -storage buildings over 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions, These elements are to be integrated into a comprehensive design style for the project. b. Entryways /customer entrance standards. These standards identify appropriate entry features. C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10 - Entryways/Customer Entrance Treatments as follows for indoor self -storage buildings over 10,000 square feet to 20,000 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements are to be integrated into a comprehensive design style for the project. b, Entryways /customer entrance standards. These standards identify appropriate entry features. 11 G:%Be11uws\AR-3561, Hiwasse\PUD Document 7-8-04,doc C. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: Overall building dimension shall not exceed 150 feet in either direction. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with surrounding developments. 1' 4 doc 5.1 5.2 5.3 5.4 SECTION V PERMITTED USES AND DI`IENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the I-Iiwasse RUD designated for commercial development on the ?t -'D Master Plan, Exhibit "A". MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor -self storage area. Should a mix of office and indoor -self storage facilities develop on the property, for each two (2) square feet of indoor -self storage area. one (1) square foot of office area shall be reduced from the maximum allowable office area, GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA t ACRES t PERCENTAGE 1. FPL Easement 7.55 60.3% 2. Development Area 4.97 39,7% TOTAL 12.52100% The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Commercial areas are designed to accommodate internal roadways, open spaces, signs, water management facilities, and similar uses typically found in non-residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used. in whole or part, for other than the followinb; A. Permitted Uses: 1. Accounting, auditing and bookkeeping services (- roup 8721). 2. Business services (groups 7311, 7313. 7371. 7372, 7374-7376,',379), 3. Depository institutions (groups 6011 - 6099). 4. Offices for engineering. architectural. and surveying services (groups 0781. 8711-871.)). 5• health services (groups 8011-8049), 13 6. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 7. Indoor -self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741-8743, 8748). 10. Miscellaneous • personal services (groups 7291; 7299, debt counseling only). 11. Real estate (groups 6531-6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 13. Transportation services (group 4724, travel agencies only). 14. Veterinarian's office (group 0742), excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of permitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures Accessory uses and structures customarily associated with commercial uses listed above. 5.5 DEVELOPMENT STANDARDS A. Minimum lot area - 20,000 square feet B. Minimum lot width — 100 feet C. Minimum yard requirements: 1. Front yard — 25 feet 2. Side yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard — 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height — Thirty-five (35) feet E. Minimum floor area of principal structure --- 1000 square feet gross floor area for each building on the ground floor. F. Lighting — Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area, G. Distance between structures — If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one-half (Yz) the sum of their heights, whichever is greater. However, indoor -self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self -storage buildings, H. Merchandise storage and display — Outside storage or display of merchandise is prohibited. 1. Use of FPL Easement Area — Open space and landscape buffering shall be the onk, allowed uses permitted in the FPL Easement Area. 14 e-,.i.Joc J. The hours of operation of the self-storage buildings shall be limited to the hours of 7:OOAM to 9:OOPM. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCosta,Road and Livingston Road. i. I?l!� o.:.'•.(�-:`•i!. Ilitc�55C','[�(7 1� SECTION VI DEVELOPMENT COMMITMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance, C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 16 ::., q_ :,; i .iii•, f)nri!mcni '-S-04.,iuc E. Shared access is permitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement .for shared access cannot be reached, then only a right -in - right -out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan'south of the shared access area. F. The developer shall provide a tum lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right -of -Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan, C. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. 6.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. 17 G:1E3ellousiAR-3561. IffiwasseTUD Document'-g-04,doc A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. 18 G:\BeIIO—,\AR-3361. Iliwassc\PI'D Document',-8-0-l.doc ----------- TOTAL AREA OF ME 11.82 ACRES WATER MAKAGMENT AREA 0.12 ACRES DEVELOPMENT AREA 0.49 ACK{ FPL EABEMERT AREA 7.07 ACRES MUNWON PARK PUD .......... -- . .............. ... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . rpr v U -M �(m . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE HIWASSE PtM \-MV 'A- NOM Vw) -------------- I ---------- -- ---------------- ---------------- r ------- unwasy" "An -------------- L -------- -------------- - — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- *a ACCON UL OILY K 0009M I 1 11 IF AOO 15 UWALARE MM m NoRvmy UmAmm Asea ln.w.y M,00)266 FL $4110 Hm �4= PUD MASTER PLAN HOLERIMEN FMeftCwdkof EXHIBFT "A" BORIMPSOVANS AL* -t.*. HLIM 1 075 1 1 oF 2 (A u 11 ----------- TOTAL AREA OF ME 11.82 ACRES WATER MAKAGMENT AREA 0.12 ACRES DEVELOPMENT AREA 0.49 ACK{ FPL EABEMERT AREA 7.07 ACRES MUNWON PARK PUD .......... -- . .............. ... ...... . . . . . . . . . . . . . . . . . . . . . . . . . . rpr v U -M �(m . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE HIWASSE PtM \-MV 'A- NOM Vw) -------------- I ---------- -- ---------------- ---------------- r ------- unwasy" "An -------------- L -------- -------------- - — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- — -- *a ACCON UL OILY K 0009M I 1 11 IF AOO 15 UWALARE MM m NoRvmy UmAmm Asea ln.w.y M,00)266 FL $4110 Hm �4= PUD MASTER PLAN HOLERIMEN FMeftCwdkof EXHIBFT "A" BORIMPSOVANS AL* -t.*. HLIM 1 075 1 1 oF 2 EXHIBIT `B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 5.00°15'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.89°23'53"W. ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWAST QUARTER OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.00°15'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN 5.00°09'47"E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK PHASE THREE -B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES 5 AND 6 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 5.89°50' 13"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 390.00 FEET; THENCE RUN N.00°09'47"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)15'37"W., ALONG THE BOUNDARY OF SAID KENSIGNTON PARK PHASE THREE -B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID KENSIGNTON PARK PHASE THREE -B; THENCE CONTINUE N.00°15'37"E., ALONG THE BOUNDARY OF KENSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN 5.89023'53"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEASTER QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNING; CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRUCTION OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUTH, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING 5.00°15'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:'`001L001076\MJR\EXHIBIT B LEGAL DESCRIPTION.doc MWIq-W-my-p"O..", W P Wa -9^fiW" d9 WonV .Q OdA1 Poanbw Im»v eygrp w»v ; 3'01 I Pfd poled Porodoidj i 1 I 1 I 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-75 Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004, DWIGHT E. BROCK_"' Clerk of Courts-,a-- ' ourts arir]C'1ek Ex -officio to 13card:';of,_ County Commi.3S,ioners i By: Heidi R. RbcjchohdL ;•i' Deputy Clerk 'a-�' (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing, Below are general guidelines for signs, however these guidelines should not be, construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. I , The sign(s) must be erected in full view of the public, not more than five (S) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3, The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the signs NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. 901 MIATl • ' 614if1 ,1`ilMi11M STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Robert J. Mulhere, FAICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10,03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI-PL20190001616 N TUBE OF APPLICANT OR AGENT Robert; J. Mulhere, FAICP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Hole Montes, Inc., 950 Encore Way STREET OR P.O. BOX Naples, FL 341.1.0 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this_ _ 20th _ _ day of September , 201 g, by Robert J. Mulhere personall known to me or who produced as identification and w t .......... arp..o,. STEPHANIE KAROL Notary Public - State of Florida •- Commission N FF 939980 My Comm, Expires Mar 9, 2020 Banded through Nallon8l Notary Asan. My Commission Expires: (Stamp with serial number) Rev. 31412015 r Signatuir6 of Notary Public Stephanie Karol Printed Name of Notary Public �-,; OP ..•�•������� �� ■�,=fit Iq .': ■ 3 Collier 2800 North Horseshoe Room I ` Timothy Finnf AlCP: 239-252-4312n .1 i 1'l ► r _ r _ - _ _ ;�,-..- ., ,gyp. •� i r.„ PUBLIC HEARING NOTI THE HIWASSE PUD PUD INSUBSTANTIAL CHANb Petit -Ion No. PDI-PL20190001616 t