Agenda 01/28/2020 Item #17A (Amending the Audubon Country Club PUD)01/28/2020
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 91-53, as amended, the Audubon Country Club Planned Unit
Development by allowing an additional 4,400 square feet of commercial development for the
expansion of the furniture store up to 65,000 square feet located in Tract Y of the Audubon
Commercial Center Subdivision; by amending Sections 2.06 and 6.13 to reflect the change in
square feet, and providing an effective date. The subject PUD, consisting of 754.75± acres, is located
on the west side of US 41 extending westward across Vanderbilt Beach Drive to little Hickory Bay,
in Sections 5, 7, 8 And 9, Township 48 South, Range 25 East, Collier County, Florida.
[PL20190000502]
OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition and render a decision regarding the petition; and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS: The subject PUD, consisting of 754.75± acres, is located on the west side of US
41 extending westward across Vanderbilt Beach Drive to little Hickory Bay, in Sections 5, 7, 8 And 9,
Township 48 South, Range 25 East, Collier County, Florida. This petitioner seeks to amend the Audubon
Country Club Planned Unit Development by allowing an additional 4,400 square feet of commercial
development for the expansion of the furniture store up to 65,000 square feet located in Tract Y of the
Audubon Commercial Center Subdivision; by amending Sections 2.06 and 6.13 to reflect the change in
square feet.
FISCAL IMPACT: The PUD Amendment (PUDA) by and of itself will have no fiscal impact on Collier
County. There is no guarantee that the project, at build-out, will maximize its authorized level of
development. However, if the PUD Amendment is approved, a portion of the land could be developed,
and the new development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the
impacts of each new development on public facilities. These impact fees are used to fund projects
identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the
adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County is
required to pay a portion of the estimated Transportation Impact Fees associated with the project in
accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected
prior to issuance of a building permit include building permit review fees. Please note that impact fees
and taxes collected were not included in the criteria used by staff and the Planning Commission to
analyze this petition.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed
PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See
attachment: FLUE Consistency Review.
COLLIER COUNTY PLANNING COMMISSION (CCPC): The CCPC, heard Petition PUDA-
PL20190000502, Audubon Country Club PUD on November 21, 2019, and voted 6-0 to forward this
petition to the Board with a recommendation of approval subject to the following stipulations:
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- The additional 4,400 square feet of building will be constructed within the existing
footprint of the building.
` There will be no expansion of the building beyond the exterior walls of the ground floor.
No letters of objection have been received. Therefore, this petition has been placed on the Summary
Agenda.
LEGAL CONSIDERATIONS: This is an amendment to the existing Audubon Country Club PUD
(Ordinance No. 91-53, as amended). The burden falls upon the applicant for the amendment to
prove that the proposal is consistent with all of the criteria set forth below. The burden then
shifts to the Board of County Commissioners, should it consider denial, that such denial is not
arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the
amendment does not meet one or more of the listed criteria.
Criteria for PUD Amendments
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUD with the goals, objectives, and policies
of the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
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are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
11. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in
accordance with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
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of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
Board hearing as these items relate to these criteria. This item has been approved as to form and
legality, and requires an affirmative vote of four for Board approval (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends
that the Board of County Commissioners approves the request for Petition PUDA-PL20190000502,
Audubon Country Club PUD.
Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Staff Report Audubon Country Club (Baers Furniture) (PDF)
2. Proposed Zoning Ordinance - Attachment A (PDF)
3. FLUE Consistency Review - Attachment B (PDF)
4. Zoning Verification Letter, ZLTR-PL20180000656 - Attachment C (PDF)
5. NIM Materials - Attachment D (PDF)
6. [Linked] Audubon Country Club (Baers Furniture) - Back Up Materials - Attachment E (PDF)
7. Legal Ad - Agenda ID 10669 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 10669
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve an Ordinance amending Ordinance No. 91-53, as amended, the Audubon Country Club Planned
Unit Development by allowing an additional 4,400 square feet of commercial development for the
expansion of the furniture store up to 65,000 square feet located in Tract Y of the Audubon Commercial
Center Subdivision; by amending Sections 2.06 and 6.13 to reflect the change in square feet, and
providing an effective date. The subject PUD, consisting of 754.75± acres, is located on the west side of
US 41 extending westward across Vanderbilt Beach Drive to little Hickory Bay, in Sections 5, 7, 8 And 9,
Township 48 South, Range 25 East, Collier County, Florida. [PL20190000502]
Meeting Date: 01/28/2020
Prepared by:
Title: – Zoning
Name: Tim Finn
11/27/2019 2:01 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/27/2019 2:01 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 12/02/2019 5:05 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/06/2019 4:07 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/06/2019 5:00 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:17 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/10/2020 10:58 AM
Grants Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/13/2020 11:10 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2020 2:12 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/16/2020 3:19 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/20/2020 1:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
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AGENDA ITEM 9.A.1
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Packet Pg. 2189 Attachment: Staff Report Audubon Country Club (Baers Furniture) (10669 : Audubon Country Club (Baers Furniture) PUDA)
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Packet Pg. 2201 Attachment: Proposed Zoning Ordinance - Attachment A (10669 : Audubon Country Club (Baers Furniture) PUDA)
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Growth Management Department
Zoning Division
C O N S I S T E N C Y R E V I E W M E M O R A N D U M
To: Timothy Finn, AICP, Principal Planner
Zoning Services Section
From: Corby Schmidt, AICP, Principal Planner
Comprehensive Planning Section, Zoning Division
Date: July 22, 2019
Subject: Future Land Use Element (FLUE) Consistency Review of Proposed Planned Unit
Development Amendment
PETITION NUMBER: PL20190000502 [REV 2]
PETITION NAME: Audubon Country Club Planned Unit Development Amendment (PUDA)
REQUEST: To amend the Audubon Country Club Planned Unit Development (PUD), PUD document, to
increase the allowable commercial square footage from 124,000 to 128,400, with the limit allowed for
the specific “furniture store” use increasing from 60,000 to 65,000 sq. ft. on “Tract Y”.
LOCATION: The ±4.2-acre subject property – part of the 12.4-acre “Commercial Retail Center” (CR)
component of the PUD, is located at 15485 Tamiami Trail N., and which is on the west side of Tamimi
Trail N., approximately one-quarter mile south of Audubon Blvd./Sterling Oaks Blvd., in Section 9,
Township 48 South, Range 25 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban – Mixed Use
District, Urban Residential Subdistrict, as identified on the Future Land Use Map (FLUM) in the Future
Land Use Element (FLUE) of the Growth Management Plan. This District “is intended to accommodate
a variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments.”
The changes proposed herein will allow changes to the existing commercial building, with the
conversion of non-commercial floor area to commercial floor area. The proposed project does not
involve changes to exterior space or the overall size or shape of the building.
The subject property’s FLUM designation is also identified on consistent by policy maps, and deemed
“consistent by policy”, thus is subject to FLUE Policy 5.3, which states:
All rezonings must be consistent with this Growth Management Plan. For properties that are zoned
inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through
5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning
district is the same or a lower intensity commercial zoning district as the existing district, and [if the
first criterion is met, then also] provided the overall intensity of commercial land use allowed by the
existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district.
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The foregoing notwithstanding, such commercial properties may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in
overall intensity may result. A zoning change of such commercial-zoned properties to a residential
zoning district is allowed as provided for in the Density Rating System of this Future Land Use
Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay.
b. [if the first criterion is met, then also, the] Overall intensity of development shall be determined based
upon a comparison of public facility impacts as allowed by the existing zoning district and the
proposed zoning district.*
While the same intensity zoning is involved with this PUD amendment per Policy 5.3.a., GMP-based
issues may exist with the proposal per FLUE Policy 5.3.b. Application materials address the overall
intensity of development based upon a comparison of public facility impacts in the Narrative Statement,
as follows:
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Traffic and trip generation: the existing 124,000 sq. ft. “shopping center” generates 5,915 trips; if the
expansion is applied apples-to-apples, the expanded store in the 128,400 sq. ft. “shopping center” would
generate 6,124 trips – and per FLUE Policy 5.3.b., could not be approved without a GMP amendment.
However the applicant’s analysis separates the two different land uses (that have different trip
characteristics) to compare impacts. Alone, the expanded 65,000 sq. ft. store generates 5,915 trips –
fewer than if left categorized as shopping center. The remaining shopping center square footage trip
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generation figure is constant, but less of it. When taken together then, the 2 land uses generate 3,928
trips – a decrease to this public facility impact.
Water consumption: the existing 124,000 sq. ft. “shopping center” is permitted an average daily flow of
12,400 gpd. When separating the 2 land uses (as above), the applicant’s analysis results with an
estimated average daily flow of 6,940 gpd – again, a decrease to this public facility impact.
Solid waste: the applicant’s analysis explains how the additional floor space is to be used for showroom
area, and [will] not generate a significant amount of solid waste – a logical explanation.
In summary, the petitioner’s analysis demonstrates the proposed PUDA to increase commercial square
feet could be found consistent with FLUE Policy 5.3.
FLUE Policy 5.6 requires new development to be compatible with, and complementary to, surrounding
land uses, as set forth in the Land Development Code. Comprehensive Planning staff leaves this
determination to the Zoning Services staff as part of their review of the petition in its entirety. However,
the compatibility analysis is encouraged to be comprehensive and include a review of both the subject
property and surrounding or nearby properties regarding allowed use intensities and densities,
development standards (building heights, setbacks, landscape buffers, etc.), building mass, building
location and orientation, architectural features, amount and type of open space and location, traffic
generation/attraction, etc.
The County recognizes Smart Growth policies and practices in its consideration of future land use
arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart
Growth policies for new development and redevelopment projects pertaining to access,
interconnections, open space, and walkable communities.
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 FLUE policies under Objective 7
(pertaining to access, interconnections, walkability, etc.) is not necessary. These policies were evaluated
during staff’s consistency review of the Audubon Country Club Planned Unit Development Amendment
(PUDA) petition, approved June 25, 1991.
CONCLUSION:
Based upon the above analysis, this proposed PUDA may be deemed consistent with the FLUE.
cc: Ray Bellows, Zoning Manager, Zoning Services Section
David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Michael Bosi, AICP, Director, Zoning Division
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Packet Pg. 2227 Attachment: NIM Materials - Attachment D (10669 : Audubon Country Club (Baers Furniture) PUDA)
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6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
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DATE: August 16, 2019
TO: Timothy Finn, AICP, Principal Planner
Collier County – Growth Management Department: Zoning Division
FROM: Kenrick S. Gallander, AICP
Director of Planning
RWA Engineering
PROJECT NAME: Audubon Country Club PUDA – Baer’s Furniture Expansion
(PL20190000502)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on August 7, 2019, at 5:30 pm at Grow Church, 15300
Tamiami Trail North, Naples, FL 34110
Attendees are as follows:
• Kenrick Gallander, Director of Planning – RWA Engineering: Applicant’s Agent
• Jane Eichhorn, Permitting Manager – RWA Engineering
• Timothy Finn, Principal Planner – Collier County
• Angela Goodner – Collier County: County Commissioner’s Office District #2
• Tom McIvor – Summit Management Group
• John Meehan – Audubon CC Foundation
• James Beattie – Devon Green Audubon
• Joseph Monetti – Devon Green Audubon
MEMORANDUM
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Packet Pg. 2229 Attachment: NIM Materials - Attachment D (10669 : Audubon Country Club (Baers Furniture) PUDA)
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Summary (Started at 5:30 pm):
Mr. Gallander began the meeting introducing himself and providing an overview of the presentation. He explained
the background of the subject property detailing the location and relationship to the surrounding area as well as
the existing development on the property. He further detailed that this parcel is part of the Audubon Country
Club Planned Unit Development. Part of the Planned Unit Development is a Commercial Retail Tract and platted
with “Tracts X, Y, and Z”, to support the PUD’s allowable commercial/retail uses. Mr. Gallander further explained
the total allowable commercial square footage for this PUD within the commercial retail tract is 124,000 and
currently development with a total square footage of 123,400.
From there, Mr. Gallander detailed the request of the applicant, which is to expand the existing 60,000 square
foot furniture store on Tract Y of the overall Commercial Retail Tract by 5,000 square feet. With the existing
124,000 square foot limit and to allow for the more commercial area of 5,000 square feet, requires an amendment
to the Planned Unit Development. Mr. Gallander explained that the proposed expansion will be within the existing
building footprint as it is above the first floor of the furniture store. There is no expansion beyond the exterior
walls.
Then Mr. Gallander concluded that based on the findings and professional opinion, the proposed amendment to
allow for an additional 5,000 square feet of commercial area is appropriate for this Commercial Retail Tract as it
is consisted with the Growth Management Plan, land development code, and the public infrastructure exists to
support the expansion. In closing, Mr. Gallander explained at what stage the application was in the review process
and the next major steps will be hearings before the Planning Commission and Board of County Commissioners.
Mr. Gallander then opened the floor for questions/comments/input from those in attendance.
Questions/Comments asked or offered at the meeting:
Q/C: Is the space empty currently?
A: Mr. Gallander responded by showing on the presentation aerial and photo exhibits that the proposed
expansion area is open area and not currently enclosed.
Q/C: Is this petition going to change the use?
A: Mr. Gallander informed them that no, the commercial furniture store use will stay and the space will
be likely used for either showroom or administrative support area for the store.
Q/C: What is the existing space?
A: Mr. Gallander explained the existing space is an open area.
Q/C: Is the open area in the front or back of the building?
A: Mr. Gallander further explained through the aerial photo presentation exhibits the orientation of the
front of the building and the rear. This helped to show the area for expansion is located at the back of
the building over the first floor.
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Q/C: They certainly want the store to stay open and don’t want a big empty store. They are happy with
the furniture store and it employs a lot of people and want it to be successful.
Q/C: Is there anything you can do about the noise behind the building? We live right behind the building
and some days it is very loud.
A: Mr. Gallander explained that through this application for amending the PUD for commercial uses is
beyond the scope of being able to address the deliveries and activities currently occurring and allowed to
occur at the commercial uses, he would relay the comment/concern to the owner.
Q/C: Will the neighbors be notified for the Public Hearings?
A: Yes.
Q/C: Will the furniture store get two floors of use after this addition.
A: Mr. Gallander explained that there is currently an existing second floor/mezzanine area. The expansion
area will further add to this second-floor area.
Q/C: When will the construction start?
A: To the best of his knowledge, Mr. Gallander indicated that once the zoning petition is approved, the
applicant will need to submit for a Site Development Plan Amendment. That process will take
approximately 8-10 months to approve at most. Construction would happen sometime after the SDPA
approval.
Q/C: The sooner the construction the better.
Q/C: Can you ask the owner if the dumpster pickup can be a little later in the morning. Like around
9:00am? It’s too early.
A: Mr. Gallander stated that he would certainly pose that request to the owner.
Q/C: We don’t want the store to close. It is a positive to our community.
Since there were no further questions or comments, Mr. Gallander thanked everyone, and he concluded the
meeting.
No commitments were made during the meeting.
The meeting adjourned around 6:00 p.m.
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P a g e 1 | 2
6610 Willow Park Drive, Suite 200, Naples, FL 34109 (O) 239-597-0575 (F) 597-0578
July 17, 2019
Subject: Neighborhood Information Meeting
Audubon Country Club Planned Unit Development Amendment (PUDA) Application –
Baer’s Furniture Expansion
(PL20190000502)
15485 Tamiami Trail N, Naples, FL 34110
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a
request to amend the Audubon Country Club Planned Unit Development (PUD).
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080)
located south of the Audubon Blvd., and Tamiami Trail, N, intersection. This property is more specifically
designated as Tract “Y” of the Audubon Commercial Center Plat, which is part of the Audubon Country
Club PUD’s Commercial Retail Center (CR).
The Petitioner is asking the County to approve an amendment request that will increase the stated
maximum square footage of allowable commercial area from 124,000 square feet to 128,400 square feet
within the Audubon Country Club PUD’s Commercial Retail Center (CR) area. This revision along with 600
square feet of unused commercial area will allow for a proposed 5,000 SF expansion to the existing 60,000
SF commercial furniture store (Baer’s Furniture) located on TRACT Y within the CR area of the PUD.
In compliance with the Administrative Code for Land Development requirements, a Neighborhood
Information Meeting will be held to provide you an opportunity to become fully aware of the intended
development and to give you an opportunity to ask questions and provide input. The Neighborhood
Information Meeting will be held on Wednesday, August 7, 2019 at 5:30 pm. The meeting will be held at
the Grow Church, 15300 Tamiami Trail North, Naples, FL 34110.
Should you have questions prior to the meeting, please contact me.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
KSG/jee
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P a g e 2 | 2
Project Location
15485 Tamiami Trail N, Naples
Folio #: 22493000080
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Text of Ad: 07/18/2019 17.A.5
Packet Pg. 2243 Attachment: NIM Materials - Attachment D (10669 : Audubon Country Club (Baers Furniture) PUDA)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980045
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980090
ABRAMS, BURT J & FERN B 15271 DEVON GREEN LN NAPLES, FL 34110---7953 29855001206
ALL SEASONS IN NAPLES LLC 31731 NORTHWESTERN HWY # 250W FARMINGTON HILLS, MI 48334---1668 00142600009
ANDERSON, DANA L 15275 GREEN LANE NAPLES, FL 34110---0 29855001251
AUDUBON COUNTRY CLUB FOUNDATION INC 15725 TAMIAMI TRL N NAPLES, FL 34110---6246 22495501008
AUDUBON COUNTRY CLUB ASSOC INC 625 AUDUBON BLVD NAPLES, FL 34110---7939 22495500106
BABCOCK, KATHERINE P 15268 DEVON GREEN LN NAPLES, FL 34110---7952 29855000553
BAER'S FURNITURE CO INC 1589 NW 12TH AVE POMPANO BEACH, FL 33069---1730 22493000080
BEATTIE, JAMES T & SUSAN H 15264 DEVON GREEN LN NAPLES, FL 34110---0 29855000605
BRAUN, JOHN M & FAITH J 15256 DEVON GREEN LN NAPLES, FL 34110---7952 29855000702
CALDWELL, NICHOLS W & ARLENE L 15255 DEVON GREEN LN NAPLES, FL 34110---0 29855001002
CC-NAPLES INC CLASSIC BENTLEY VILLAGE % PO BOX 2196 CHICAGO, IL 60690---0 00143040008
CHRISTUS VICTOR LUTHERAN CH PO BOX 867 BONITA SPRINGS, FL 34133---867 00142640001
DANIEL T TOUW REVOCABLE TRUST 15276 DEVON GREEN LANE NAPLES, FL 34110---0 29855000456
DAVEY, ANN M 212 AARON SMITH DR BRIDGEPORT, WV 26330---0 29855000757
DEVON GREEN AT AUDUBON RESIDENTS ASSCOIATION INC % JACK P CITTADINE ESQ 15284 DEVON GREEN LN NAPLES, FL 34110---7952 29855000058
HARRISON TR, C RICHARD UTD 12/29/92 15279 DEVON GREEN LN NAPLES, FL 34110---7953 29855001303
JANICE F WAGNER TRUST 15259 DEVON GREEN LANE NAPLES, FL 34110---7953 29855001057
KANE FURNITURE CORPORATION 5700 70TH AVE N PINELLAS PARK, FL 33781---4238 78544980029
KERN, B SCOTT & AMY C 5362 WOLF ROAD ERIE, PA 16505---0 29855001154
LAND TRUST NO 12-02 1500 5TH AVE SOUTH #111 NAPLES, FL 34102---0 22493000048
LAWSON TR, MARTHA G UTD 2/2/96 15280 DEVON GREEN LN NAPLES, FL 34110---7952 29855000401
LCCN HOLDINGS INC 15300 N TAMIAMI TRAIL NAPLES, FL 34110---0 00143000006
MC HUGH, SUSAN H 15247 DEVON GREEN LN NAPLES, FL 34110---7953 29855000906
MORETTI, JOSEPH 15260 DEVON GREEN LN NAPLES, FL 34110---0 29855000650
PATRICIA C FRECHETTE REV TRUST 1886 SEVILLE BLVD UNIT 1621 NAPLES, FL 34109---3355 29855000951
PRESLEY TRUST 422-35 BOARDWALK DR TORONTO M4L 3Y8 CANADA 29855000854
REFERENCE ONLY TWO LAKES A COMMERCIAL CONDOMINIUM 00142760004
REICHERT, CAROLYN R 15248 DEVON GREEN LANE NAPLES, FL 34110---0 29855000809
RICHARD A SEDLAK REV TRUST 5729 LAKE BRIAR DR MILLSTADT, IL 62250---0 29855000508
STANGLMEIER, BERND 15263 DEVON GREEN LN NAPLES, FL 34110---7953 29855001109
SUMMIT CHURCH INC 9210 ESTERO PARK COMMONS BLVD UNIT 9 ESTERO, FL 33928---0 78544980142
TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00142960008
US41 INVESTMENT HOLDING CO LLC 2 BLOOR STREET WEST STE 2602 TORONTO M4W 3E2 CANADA 22493000129
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data.
The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20190000502 | Buffer: 500' | Date: 7/9/2019 | Site Location: 22493000080
POList_500_PL20190000502
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K:\2004\040009.00.02 Baer's Furniture\0002 PUDA Application Preparation\Working Documents\01 2019-03-28 Cover Ltr.docx
May 13, 2019
Gilbert Martinez
Principal Planner, Zoning Services
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
Subject: Baer’s Furniture – Naples Expansion PUD Amendment (PUDA) Application
(PL#: 20190000502) – Submittal 1
RWA PN#: 040009.00.02
Mr. Martinez:
Pursuant to the pre-application meeting held on March 11, 2019, RWA, Inc. is pleased to submit, on behalf
of our client, this Amendment to PUD (PUDA) Application for property located at 15485 Tamiami Trl., N,
Naples, FL 34104 (Property ID No.: 22493000080)
As part of this cover letter, please see the attached Narrative Statement as well as the following items
included pursuant to the application Submittal Requirement checklist and subsequent guidance provided
by staff:
1. Cover letter with attached Narrative Statement;
2. Amendment to PUD (PUDA) Application;
3. Pre-Application Meeting Notes;
4. Affidavit of Authorization, signed and notarized;
5. Property Ownership Disclosure Form;
6. Covenant of Unified Control, signed and notarized;
7. Completed Addressing Checklist;
8. Warranty Deed;
9. List of Owners and all parties of corporation;
10. Boundary Survey – S&S; Not required per email dated 4/24/2019 (See attached).
11. Architectural Renderings; N/A - No changes to the primary façade.
12. Current Aerial Photograph with project boundary and FLUCFCS Codes if vegetated;
13. Statement of Utility Provisions including City of Naples Statement of Avail. Capacity letter; N/A
14. Native Vegetation Preserve Map and Site Plan for Environmental Data Requirement; Not required
per email dated 3/26/2019 (See attached).
15. Traffic Impact Study - A Trip Generation Comparison Memorandum is provided in lieu of a Traffic
Impact Study.
16. One (1) electronic copy of all required documents (Uploaded to Portal);
17. One (1) copy of the Completed List of Exhibits with Exhibits; N/A – PUD Ordinance 91-53 was
prepared and approved prior to the now required Exhibits A – B as outlined below. Due to the
simplicity of the application request and amendments to the PUD Ordinance text does not
necessitate the creation of Exhibits A – B.
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a. Exhibit A: List of Permitted Uses;
b. Exhibit B: Development Standards;
c. Exhibit C: Conceptual Master Plan;
d. Exhibit D: Legal Description;
e. Exhibit E: List of Requested LDC Deviations and Justifications; and
f. Exhibit F: List of Development Commitments;
18. Requested Deviations with Justifications: N/A as no deviations requested.
19. Conceptual Master Plan in 24” x 36” format and 8 ½” x 11” format; Not required per Pre-
Application Meeting Notes.
20. One (1) fee receipt in the amount of $ 7,855.00 for PUD Rezone, Comprehensive
Planning Consistency Review, Environmental fees and Legal Advertising Fees.
21. Revised PUD Document Text Revised (Clean Version)
22. Revised PUD Document Text Revised (Strike-Thru Version)
23. Official Interpretation and/or Zoning Verification Letter.
We look forward to your review and are available to answer questions related to this application.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
Attachments: Narrative Statement
Application Submittal Requirements (listed above)
Email dated 4/24/2019
Email dated 3/26/2019
cc: Mr. Larry Baer
Mr. Richard Yovanovich, Esq.
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K:\2004\040009.00.02 Baer's Furniture\0003 PUDA Application Support\Working Docs Submittal 2\Submittal 2 - 01 Narrative Statement 2019-06-21.docx
NARRATIVE STATEMENT
Audubon Country Club PUDA – Baer’s Furniture Expansion
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080) located south
of the Audubon Blvd., and Tamiami Trl., N, intersection (See Figure 1.). The subject property is also designated as
Tract “Y” of the Audubon Commercial Center Plat, as recorded in Plat Book 34 Pages 16 through 17 of the Public
Records of Collier County, Florida, which is part of the Commercial Retail Center (CR) area provided on Exhibit “A”,
Master Development Plan, per Ordinance No. 91-53. The specific address is 15485 Tamiami Trl., N, Naples, FL
34104. The owner of the subject property and applicant for this Planned Unit Development Amendment (PUDA)
is Baer’s Furniture Co., Inc. The subject property is developed with a 60,000 SF retail furniture store and by
reference is an “infill parcel” per Land Development Code Section 4.07.02.A.2 as it surrounded by at least two
common boundaries that are developed and overall located in a heavily developed commercial and light industrial
area of Collier County. The Future Land Use Designation is Urban (Urban – Mixed Use District; Urban Residential
Subdistrict) as provided on the Future Land Use Map of the Collier County Growth Management Plan (GMP). The
current zoning district is Planned Unit Development (PUD), Audubon Country Club.
Figure 1. Subject Property Location Map
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As stated previously, the subject property, Tract “Y”, is developed with a furniture store, which is a permitted use
category per Section 6.02 Permitted Uses and Structure of the Audubon Country Club PUD, Commercial Retail
Center (CR). The development was originally approved under Collier County Site Plan No. SDP-98-165 and
subsequently recognized as part of the commercial development within the CR area through SDP-99-168, SDPA
2001-AR-1076, and SDPA-2003-AR-3861 approvals.
The Audubon Country Club PUD, Commercial Retail Center (CR), which encompasses Tracts, X, Y, and Z, is
approved for a maximum of 124,000 SF of commercial retail floor area. Based on an analysis of the approved site
development plans on record with Collier County, the built out commercial area is 123,400 SF. The breakdown of
this determination is provided in the following table and consistent with the best site plan development data
contained within Collier County ZLTR-PL20180000656 Zoning Verification Letter dated March 28, 2018:
BUILDING/ADDRESS/TRACT LATEST APPROVED
SITE PLAN NO.
EXISTING FLOOR AREA SQUARE FOOTAGE (SF)
PER LATEST APPROVED SITE PLAN
Building #1 - Baer’s
Furniture/15485 Tamiami
TRL N/Tract Y
Building #2 - Shopping
Center/15495 Tamiami TRL
N/ SW Portion of Tract Z
Building #3 – Outparcel/
15505 Tamiami TRL N/NE
Portion of Tract Z
Building #4 - Outparcel/
15465 Tamiami TRL N/
Tract X
SDPA-2003-AR-3861
Building #1 = 60,000 SF
Buildings #2 and #3= 55,770 SF
(#2: 45,000 SF + #3: 10,770 SF = 55,770 SF)
Bldg. #4 = 7,630 SF
TOTAL: 123,400 SF
Based on the existing built out floor area of 123,400 SF, the proposed Amendment to a Planned Unit Development
(PUDA) application request seeks to revise the current 124,000 SF maximum of commercial retail floor area within
the designated Commercial Retail Center (CR) area on the Audubon County Club PUD Master Development Plan
Ord. No. 91-53 by an additional 5,000 SF for a total maximum of 128,400 SF. This revision will then allow for a
proposed improvement of a 5,000 SF expansion to the existing 60,000 SF commercial furniture store located on
TRACT Y within the CR area of the PUD. The PUD has been revised to require that development within Tract “Y”
of the Audubon Commercial Center Plat, as recorded in Plat Book 34 Pages 16 through 17 of the Public Records of
Collier County, Florida, which is part of the Commercial Retail Center (CR) area designated on Exhibit “A”, Master
Development Plan, shall be limited to 60,000 SF of shopping center uses or 65,000 SF of furniture store use.
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The following narrative and attached materials/documentation will further address the applicable criteria as
outlined in accordance with LDC subsection 10.02.13.B.a-h.
a. 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.
The subject property, Tract “Y”, is currently developed as a “Furniture store” consistent with the permitted uses
outlined in the approved Audubon County Club PUD and constructed under the approved SDP-98-165. Tract “Y”
is part of the designated CR Area of the PUD which is developed with a variety of complimentary commercial retail
uses supporting this area. To the north of the subject property is the Shoppes at Audubon Shopping Center
consisting of a various retail, professional, and medical services commercial uses. South of the property is a stand-
alone commercial retail building. Across Tamiami Trl., N to the east is a church and group care/continuing care
facility. West of the subject property is designated open space/conservation area and the Audubon Country Club
golf course, which are integrated use areas as part of the approved PUD. See Table 1 below.
Table 1
Surrounding Area Analysis
Future Land Use District Zoning District Existing Uses
NORTH Urban – Mixed Use PUD - Commercial: Shopping center
SOUTH Urban – Mixed Use PUD Commercial: Retail (Outdoor
furniture/living)
EAST Urban – Mixed Use
Agriculture (A):
Exceptions CU, P.U.C. and
V; CPUD
Public right-of-way; Church; Group
care facility/Continuing Care
WEST Urban – Mixed Use PUD
Commercial: Self storage
warehousing; Offices; Services;
and Retail
The property is located along Tamiami Trl., N, a designated Major Arterial roadway. Access from Tamiami Trl., N
to the subject property is provided by multiple access points to the north and south. These existing access points
are to remain and will not be altered or impacted by the additional 5,000 SF of furniture store floor area. A trip
generation comparison memorandum is included as part of the application submittal to determine if the existing
uses on site in addition to the proposed additional 5,000 SF of furniture store would generate more vehicle trips
that what could be approved for in Ordinance No. 91-53. The trip generation comparison analysis concluded that,
“As indicated by the trip generation comparison in Table 4, Ordinance No. 91-53 approved the
Commercial Retail Center (CR) tract of the PUD for significantly more vehicle trips than what is
currently constructed on this tract with addition of the proposed Baer’s Furniture Store
expansion (5,000 square feet). Therefore, no further transportation analysis is required for the
proposed PUD Amendment as a result of the proposed Baer’s Furniture Store expansion. Should
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the existing furniture space be modified and/or replaced by a more intense use in the future,
another trip generation study or a TIS will be required to be completed.”
Drainage on the property is managed by the existing stormwater system as designed and constructed consistent
with the approved SDP (SDP-98-165) for the current use. There is no increase of impervious surface area with the
5,000 SF expansion as the expansion area will be located above the existing first floor of the building.
Public utilities and community facilities/services are currently provided to the property and the existing
commercial furniture store.
Based on the above outlined factors of an existing commercial furniture store as part of an existing and
constructed commercial retail area and other surrounding commercial and compatible uses; existing access points
to the commercial uses; existing drainage; and existing public utilities and services, the proposed expansion of the
existing 60,000 SF retail furniture store by 5,000 SF as a result of the PUDA to allow for 128,400 SF of commercial
in the PUD is appropriate and suitable for the surrounding area.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other
instruments, or for amendments in those proposed, particularly as they may relate to arrangements or
provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to
be provided or maintained at public expense. Findings and recommendations of this type shall be made only
after consultation with the county attorney.
The subject property is under unified control by the owner/applicant, Baer’s Furniture Co., Inc., as indicated by
the Collier County Property Appraiser’s Office Property Card. This information is consistent with the provided
Warranty Deed, Property Ownership Disclosure Form, and supporting documentation from the Florida Division of
Corporations. The existing PUD documents make appropriate provisions and commitments for the continued and
future operation and maintenance of the development.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan.
(This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and
fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.)
As stated previously, the subject property is located within the Urban Future Land Use Designation and the Urban
– Mixed Use District; Urban Residential Subdistrict as provided on the Future Land Use Map of the Collier County
Growth Management Plan (GMP). The Urban designation per the GMP is outlined to plan for and permit a wide
range of land uses from residential to non-residential uses. The existing commercial uses and the proposed
expansion of 5,000 SF commercial area within the existing furniture store as part of the approved Commercial
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Retail Center (CR) area of the Audubon Country Club PUD is consistent with the intent of the Urban FLU
designation of permitting non-residential uses.
The Urban - Mixed Use District under the Urban FLU Designation encourages a mix of residential and non-
residential land uses with Planned Unit Developments (PUD) as stated under Section I.A. of the GMP. The
approved and existing Audubon Country Club PUD provides for a mix of residential and non-residential uses and
thus is consistent with the intent of the Urban – Mixed Use District.
The Urban Residential Subdistrict’s purpose is to allow for higher densities in a select area of the County that is
not impacted by “natural resource constraints” and in areas that provide existing or planned public facilities.
Additional density is not being sought as part of this petition, thus, there will be no impact to the maximum density
of 16 dwelling units per acre.
FLUE Policy 5.3 states, “All rezonings must be consistent with this Growth Management Plan. For properties that
are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the
following provisions apply:”
a. For such commercially-zoned properties, zoning changes will be allowed provided the new
zoning district is the same or a lower intensity commercial zoning district as the existing zoning
district, and provided the overall intensity of commercial land use allowed by the existing
zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The
foregoing notwithstanding, such commercial properties may be approved for the addition of
residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase
in overall intensity may result. A zoning change of such commercial-zoned properties to a
residential zoning district is allowed as provided for in the Density Rating System of this Future
Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment
Overlay.
e. Overall intensity of development shall be determined based upon a comparison of public facility
impacts as allowed by the existing zoning district and the proposed zoning district.
To be found consistent with the with Policy 5.3 and the stated provisions above, the following background
information and a comparison analysis is provided:
Traffic:
Based on Ordinance No. 91-53, Section VI, Subsection 6.02.A, a variety of commercial uses are listed that
are permitted within the Commercial Retail Center (CR) of the PUD. Of the commercial uses listed, the
“Shopping centers” use is specifically identified as being permitted within the Commercial Retail Center
(CR) area and will be utilized for the following traffic impact analysis associated with this petition.
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The project’s trip generation is based on the Institute of Transportation Engineer’s (ITE) report, titled Trip
Generation Manual, 10th Edition as well as the ITE Trip Generation Handbook, 3rd Edition. The following
tables are derived from the data tables provided within the TR Transportation Consultants, Inc.’s Trip
Generation Comparison Memorandum dated April 22, 2019, as included with the petition submittal.
Table 2 provides the trip generation for a high intensity use, “Shopping centers,” that may be developed
by-right under Ordinance No. 91-53.
Table 2
Trip Generation (Permitted Retail - Shopping Centers Use per Ord. No. 91-53)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way) Land Use –
Land Use Code (LUC)
Size In Out Total In Out Total
Approved
Commercial:
-Retail/Shopping
Center (LUC 820):
124,000 SF
Maximum
per Ord. No.
91-53
106
54
160
227
252
479
5,915
Table 3 provides the trip generation for the proposed development conditions that would allow for
128,400 SF maximum floor area of Commercial Uses that consist of existing Retail at 63,400 SF and the
expansion of the existing Furniture Store to 65,000 SF.
Table 3
Trip Generation (Proposed 128,400 SF Maximum Commercial Use)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way)
Land Use Size In Out Total In Out Total
Commercial:
-Retail/Shopping
Center (LUC 820):
-Furniture Store
(LUC 890):
TOTAL:
63,400 SF
65,000 SF
(Max: 128,400 SF)
98
48
146
145
162
307
3,928
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Table 4 provides the estimated net new traffic volume as compared between the proposed increase of
commercial use area to a maximum of 128,400 SF Commercial Uses that consist of existing Retail at 63,400
SF and the expansion of the existing Furniture Store to 65,000 SF (Table 3) and the selected Shopping
Centers commercial use (Table 2) that is permitted by-right under Ordinance No. 91-53.
Table 4
Trip Generation (Estimated Net New Traffic Impact)
Weekday AM Peak Hour
(Net Trips)
Weekday PM Peak Hour
(Net Trips)
Daily
(2-way)
Land Use Size In Out Total In Out Total
Approved
Commercial:
-Retail/Shopping
Center (LUC 820):
124,000 SF
106
54
160
227
252
479
5,915
Existing &
Proposed
Commercial:
-Retail/Shopping
Center (LUC 820):
-Furniture Store
(LUC 890):
TOTAL:
63,400 SF
65,000 SF
(Max: 128,400 SF)
98
48
146
145
162
307
3,928
Total
Increase/
(Decrease)
Net Trips:
(8)
(6)
(14)
(82)
(90)
(172)
(1,987)
Based on the date provided above in Table 4, the proposed expansion to 128,400 SF of commercial
development consisting of 63,400 SF of Retail/Shopping Center and 65,000 SF of Furniture Store within
the Audubon Country Club PUD is no more intensive than a maximum 124,000 SF Shopping Center use
that could be approved under Ordinance No. 91.53. Thus, the proposed amendment to increase the
maximum commercial development area for the Audubon Country Club PUD is deemed less of an intense
impact on the transportation network than what could be permitted and is consistent with Policy 5.3.
Page 8
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
Potable Water and Sanitary Sewer:
The subject property is currently served via a 2” meter connected to the existing 16” water main within
the Tamiami Trl., right-of-way and an 8” sewer gravity main located within the property. Per the analysis
outlined in Table 5 below, the proposed project does not impact the water consumption usage when
comparing a 124,000 square foot “Shopping center” permitted by-right use per Ord. No. 91.53 to the
proposed 128,400 SF Commercial Retail use sought under this petition.
Table 5
Water Consumption Analysis Comparison
Land Use Type Applicable Factors:
• Floor Area
• No. of Bathrooms
Estimated Sewage Flows
Usage demand rate
gallons per day (gpd) per
FAC 64E-6
Average Daily
Flow (gpd)
Existing permitted by
Ord. No. 91-53 -
Shopping Center:
124,000 SF
0.1 gpd
Total: 12,400 gpd
-Shopping Center:
-Store, Furniture:
Total:
63,400 SF
3 Bathrooms
0.1 gpd
200 gpd per bathroom
6,340 gpd
600 gpd
6,940 gpd
Solid Waste
The proposed additional 5,000 square feet of furniture store area is not anticipated to significantly impact
the solid waste level of service beyond that which is provided today servicing 123,400 square feet of
overall commercial uses. The 5,000 square feet of added floor area for the furniture store is to be utilized
for additional show room area and thus is not intended to generate a significant amount of solid waste
that would negatively impact the health, safety and welfare of the public.
Policy 5.6 of the GMP states, “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
effective October 18, 2004, as amended).” The proposed development of expanding an existing 60,000 SF
commercial furniture use by 5,000 SF based on the proposed increased maximum commercial development area
for the approved Audubon County Club PUD’s designated CR Area by 5,000 SF is compatible both internally and
externally to the surrounding land uses. The 5,000 SF furniture store expansion will be constructed above the
Page 9
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
existing ground/first floor of the furniture store. There will be no alternation to the existing site, thus, not
impacting open space areas, buffers, and other site designs components. Again, the subject property, Tract “Y”,
is part of the approved Audubon County Club PUD’s designated CR Area, which is developed with a variety of
complimentary and compatible commercial retail uses supporting this area. To the north of the subject property
is the Shoppes at Audubon Shopping Center consisting of a various retail, professional, and medical services
commercial uses. South of the property is a stand-alone commercial retail building. Across Tamiami Trl., N to the
east is a church and group care/continuing care facility. West of the subject property is designated open
space/conservation area and the Audubon Country Club golf course, which are integrated use areas as part of the
approved PUD to ensure compatibility between the approved designated CR Area and eastern portions of the
PUD. Based on the factors outlined above, the proposed development of expanding an existing 60,000 SF
commercial furniture use by 5,000 SF associated with the proposed increased maximum commercial development
area for the approved Audubon County Club PUD’s designated CR Area is consistent with Policy 5.6 of the GMP.
The 5,000 SF expansion of an existing 60,000 SF commercial furniture store is consistent with Future Land Use
Element (FLUE) Objective 7 associated with “smart growth policies,” desire to “reduce greenhouse gas emissions,”
and a focus for future development to “adhere to the existing development character” of Collier County “when
applicable.” Consistency with Objective 7 is provided by the existing Audubon Country Club PUD’s development
conditions through sidewalk interconnectivity between commercial uses as well as onto the public right-of-way.
The existing accessways are consistent with Policy 7.1 through connection the subject property to Tamiami Trail.
Existing cross access is provided throughout the Commercial Retail (CR) area and access to the local roadways into
the Audubon development, which is consistent with Policy 7.2 and 7.3.
d. 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 proposed development of expanding an existing 60,000 SF commercial furniture use by 5,000 SF is compatible
both internally and externally to the surrounding land uses. The 5,000 SF expansion will be constructed above the
existing ground/first floor of the furniture store. There will be no alternation to the existing site, thus, not
impacting open space areas, buffers, and other site designs components. The subject property, Tract “Y”, is part
of the approved Audubon County Club PUD’s designated CR Area, which is developed with a variety of
complimentary and compatible commercial retail uses supporting this area. To the north of the subject property
is the Shoppes at Audubon Shopping Center consisting of a various retail, professional, and medical services
commercial uses. South of the property is a stand-alone commercial retail building. Across Tamiami Trl., N to the
east is a church and group care/continuing care facility. West of the subject property is designated open
space/conservation area and the Audubon Country Club golf course, which are integrated use areas as part of the
approved PUD to ensure compatibility between the approved designated CR Area and eastern portions of the
PUD.
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6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
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e. The adequacy of usable open space areas in existence and as proposed to serve the development.
The proposed development of expanding the existing commercial use (60,000 SF furniture store) located on
TRACT Y within the CR area of the PUD by 5,000 SF will not impact the site. The 5,000 SF expansion is above the
existing ground/1st floor of the existing furniture store. No existing usable open space will be impacted by the
proposed development as a result of the PUDA approval.
f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements
and facilities, both public and private.
Public and private improvements and facilities are currently available to the subject property based on the fact of
the existing operational commercial development on site. Roadway capacity remains available.
Drainage/stormwater management is currently provided on the site and no increase of impervious area will be
created with the proposed 5,000 SF expansion. Overall, the proposed 5,000 SF expansion to the existing
commercial furniture store use will not require additional public or private improvements.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
As outlined previously, the subject property and surrounding area is devoted to supporting and accommodating
a variety of commercial uses. The proposed 5,000 SF expansion of the existing commercial furniture store is
compatible with and consistent with the continued uses on the subject property and surrounding area.
Additionally, the proposed expansion is above the existing ground/1st floor of the existing furniture store, thus it
will not impact the existing site conditions.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case,
based on determination that such modifications of justified as meeting public purpo ses to a degree at least
equivalent to literal application of such regulations.
The proposed development of expanding the existing commercial retail furniture store by 5,000 SF remains
consistent with the overall intent of the PUD regulations by adhering to those development standards as originally
established under Ordinance No. 91-053 and any subsequent amendment approvals. The Development Standards
as currently approved for the PUD are not to be amended under this petition. Based on previous approvals, the
standards were found to be consistent with similar planned development in the vicinity and throughout Collier
County and not found to adversely impact the public’s health, safety and welfare.
LEGAL DESCRIPTION
Audubon Country Club PUDA – Bear’s Furniture Expansion
Property ID Number: 22493000080
(PER OFFICIAL RECORDS BOOK 2542, PAGES 3477-3479 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA)
ALSO BEING THE SAME AS TRACT Y OF AUDUBON COMMERCIAL CENTER, PLAT BOOK 34,
PAGES 16 THROUGH 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Pre-App PL20190000502 Baer’s Furniture (PUDA) – xxxxx, agent; Gilbert Martinez, planner.
CORBY (in abstentia)
Monday, March 11, 2019 10:30 AM - 11:30 AM. Conf. Rm. C.
Requested by: Kenrick Gallander of RWA, Inc.
Phone: (239) 597-0575; Email: Kgallander@consult-rwa.com
Representing: XXXXX [per PAO GIS, owner: Baer’s Furniture Company, Inc.]
Folio #: 22493000080; Zoning: PUD, Audubon Country Club – commercial tract
Location: 15485 Tamiami Trail N; W. side of US 41, ¼ mile S. of Lee County line, in 9-48-25
Project Description: Amend PUD to allow 5,000 SF expansion of existing 60,000 SF Baer’s furniture
store. PUD limits commercial to 124,000 SF. [4.2 acres.]
Existing Application Name: (site is developed with a furniture store). Only the “Tract Y” with the
furniture store is part of this proposal.* The proposed expansion is internal to existing building space,
and does not involve construction of a building addition [but as a conversion of an atrium to
showroom sales space]. The PUD is commercially “built-out” and this conversion of space is a
substantial change.
POST PRE-APP COMMENTS: FLUM designation is Urban Residential Subdistrict; also, identified on
consistent by policy maps & deemed “consistent by policy” ‒ so subject to FLUE Policy 5.3:
All rezonings must be consistent with this Growth Management Plan. For properties that are zoned
inconsistent with the Future Land Use Designation Description Section but have nonetheless been
determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through
5.13, the following provisions apply:
a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning
district is the same or a lower intensity commercial zoning district as the existing distri ct, and [if
the first criterion is met, then also] provided the overall intensity of commercial land use allowed
by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning
district. The foregoing notwithstanding, such commercial properties may be approved for the
addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though
an increase in overall intensity may result. A zoning change of such commercial-zoned properties
to a residential zoning district is allowed as provided for in the Density Rating System of this
Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment
Overlay.
b. [if the first criterion is met, then also, the] Overall intensity of development shall be determined
based upon a comparison of public facility impacts as allowed by the existing zoning district and
the proposed zoning district.*
While the same intensity zoning is involved with this amendment per Policy 5.3.a., Comp Planning
issues may exist with the proposal per Policy 5.3.b. Any higher overall intensity of development
based upon a comparison of public facility impacts will trigger need for GMPA.
* Note: Compliance with FLUE Policy 5.3.b will require involving all the component “tracts” or parts of
the PUD (contributing to the overall intensity of the commercial development.
It is recommended that the applicant/agent team work with staff (prior to formal application) to
discuss compliance with Policy 5.3 in their approach.
Agent is to address:
• Compliance with the FLUE/FLUM (Urban Residential Subdistrict);
• Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP
consistency clause; LDC compatibility & complementary clause); and,
• Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better
Places – Community Character Plan).
The assigned Planner was not in attendance, and these post- pre-application meeting notes were
prepared from preparation materials and meeting notes of others in attendance.
Formal GMPA pre-app meeting was not held and GMPA pre-app fee was not paid. Therefore, full
GMPA petition fee due at time of submittal (small scale - $9,000; large scale - $16,700; both subject
to public notice costs).
\\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\PRE-APP. meeting notes\pre-app docs¬es 2019\Pre-App
PL20190000502 Baer's mtg notes_drft.docx
CFO, Vice President, Treasurer
Ira J. Baer, CFO, Vice President of
Baer's Furniture Co., Inc.
Department of State / Division of Corporations / Search Records / Detail By Document Number /
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Detail by Entity Name
Florida Profit Corporation
BAER'S FURNITURE CO., INC.
Filing Information
330784
59-1212401
06/03/1968
FL
ACTIVE
CORPORATE MERGER
03/30/2018
NONE
Principal Address
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Changed: 03/12/1992
Mailing Address
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Changed: 03/12/1992
Registered Agent Name & Address
BAER, JEROME I
1589 NW 12TH AVE
POMPANO, FL 33069
Name Changed: 01/10/2003
Address Changed: 01/10/2003
Officer/Director Detail
Name & Address
Title VP, COO
BAER, RONALD W
1589 NW 12TH AVE
POMPANO, FL 33069
D C Florida Department of State
Title CFO, VP, Treasurer
BAER, IRA J
1589 NW 12TH AVE
POMPANO, FL 33069
Title VP
BAER, LAURANCE
1589 NW 12TH AVE
POMPANO, FL 33069
Title CEO, President
BAER, JEROME I
1589 NW 12TH AVE
POMPANO, FL 33069
Title S, VP
HAUBENSTOCK, CATHERINE
1589 NW 12TH AVE
POMPANO, FL 33069
Title Chairman, Asst. Treasurer
BAER, ROBERT M
1589 NW 12TH AVENUE
POMPANO BEACH, FL 33069
Title VC
BAER, ALLAN E
1589 NW 12TH AVENUE
POMPANO BEACH, FL 33069
Title VP
BAER, DAVID J
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Title VP
BAER, DANIELLE A
1589 NORTHWEST 12TH AVENUE
POMPANO BEACH, FL 33069
Annual Reports
Report Year Filed Date
2016 01/20/2016
2017 01/10/2017
2017 01/10/2017
2018 03/29/2018
Document Images
03/30/2018 -- Merger View image in PDF format
03/29/2018 -- ANNUAL REPORT View image in PDF format
01/10/2017 -- ANNUAL REPORT View image in PDF format
06/23/2016 -- AMENDED ANNUAL REPORT View image in PDF format
01/20/2016 -- ANNUAL REPORT View image in PDF format
01/06/2015 -- ANNUAL REPORT View image in PDF format
01/16/2014 -- ANNUAL REPORT View image in PDF format
02/18/2013 -- ANNUAL REPORT View image in PDF format
01/31/2012 -- ANNUAL REPORT View image in PDF format
03/14/2011 -- ANNUAL REPORT View image in PDF format
01/13/2010 -- ANNUAL REPORT View image in PDF format
03/03/2009 -- ANNUAL REPORT View image in PDF format
01/04/2008 -- ANNUAL REPORT View image in PDF format
08/16/2007 -- ANNUAL REPORT View image in PDF format
01/22/2007 -- ANNUAL REPORT View image in PDF format
06/30/2006 -- ANNUAL REPORT View image in PDF format
01/07/2005 -- ANNUAL REPORT View image in PDF format
03/23/2004 -- ANNUAL REPORT View image in PDF format
01/10/2003 -- ANNUAL REPORT View image in PDF format
04/10/2002 -- ANNUAL REPORT View image in PDF format
01/04/2001 -- ANNUAL REPORT View image in PDF format
01/19/2000 -- ANNUAL REPORT View image in PDF format
02/23/1999 -- ANNUAL REPORT View image in PDF format
04/07/1998 -- ANNUAL REPORT View image in PDF format
12/19/1997 -- Amendment View image in PDF format
05/13/1997 -- ANNUAL REPORT View image in PDF format
05/01/1996 -- ANNUAL REPORT View image in PDF format
01/18/1995 -- ANNUAL REPORT View image in PDF format
Florida Department of State, Division of Corporations
..... :~.,-; __.c. ........ ..-.,...a f'IAIIOW. ,.._
.... ,. ............ JDJ .............. ,.,.
2472467 OR: 2542 PG: 3~~77
ucoan 11 cmcm IICOIII of couru c.n, n
t5/15/lttt It lt:Ztll DIIGI! I. IIDCI, CLIII
btl:
GUlf PliDlll I! 1L
SSSI 111CIIDGI II 1511
WLII rL lUll
COli 1411151.11
uc m ts.te
DOC•.JI lt2,l .tl
fOI OffiCW USE OH!l
SPECIAL WARRANTY DEED
lt4 •
THIS INDENTURE, made this 21 day of Afa_t l 1999. between Raymond
Q ~ sa.yek., a Tnutec of Trust A&reellltDt No. 87-12. (the .. Grantor"'). and Baer's Furnitut~
~ ~ Co., lac., 11 Flotlla tOrpo.J?tiOD. whose: mailing address is '~ l:58q N~A\JE ., fbNI'AI\JQ .!!;t«,H 1 FL 330<€9 (the: "Grantee").
~
WITNESSETH: That the said Grantor, for and in consideration of the sum of TE"'
DOLLARS ($ J 0.00) and other valuable r.onsidcration to Grantor in hand paid by Grantee, the
receipt whereof is hereby acknowledged. hereby grants, bargains, and sells to the said Grantee.
Grantee's heirs, successors and assigns forever, the following described land, situate and being in
tM County of Collier, State of Florida. to wit:
Lud ~ted in aad eompriliag 1 portioa of Tract C, Auduboa Couatry Club, Uait
OM, acconllag to tbe plat recorded at Plat Book 15, Paps 30 tbrougb 35, illc:lu•iv•e,
of the hb!k Reeonls of Collier Coaaty, Florid•, u described oa Exhibit "A" ud.e
• part ureor.
Property ID Number
SUBJECT TO conditions. limitations. restrictions, reservations and easements of reco1d
which are common to the subdivision in which the property is located and taxes for the year 19<19
lnd subsequent years.
SUBJECT ft.TRTHER TO the &&:rms and conditions and casements set forth in the
Decllration of Covenants. easements and restrictions executed by Grantor concurrently herewith
and to be recorded immediately prior to this deed and reservins the easements therein declared 10
the Grantor.
AND the said Grantor does hereby ~ially warrant the title to said land, and will defend
the same against the lawful claims against the Grantor. but not against any other persor.'.S
whomsoever. The Trustee is not personally liable hereunder and is only liable hereunder to the
exteot oftbe assets of the TNSt of which be is Trustee. ~
~ I
OR: 2542 PG: 3478
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed as
provided by law. on this. the da y and year first abo · .. c written.
LONDON
UNITED KINGDOM
)
}
Raymond Se ayek. as Trustee of Trust A&n:ement
No. 87-12
Great Britain and Northern Ireland 1
London, England • "'S
Embassy of the Unltad States of Ameri''" ~
. b I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on tl':is Twcnty·S~ day of April • 1999, by Raymond Sehayek. as Trustee of Trust Agreement No.
87-12, who is personally known to me ~ (no) OR who product~d
6 "'-t TI { ~ ~~ P &&" as identification.
·(~)' :·
•..: ... · • ..
,-.... .. ·. -I : "v ••
I •·, flo
. ,._ .~
. J. , ~ .. , I r: ~ '' ..; J
Typ«t statlfptld. l lf' Primed NlUIW of Nat~·
My Commission Expires:
lOti~~! 61GCT1"
y : --C f.: 'JSUL
l . ._ .. , .... ·"rL~s oF AMEIICA ·····-'-' .;. .....
LOI-4DON, £NOLAND
COMMISS~ON 'NDEFIN'!'
""u docu M e:>t ccns l ~l Df Q. .....
ea(.h lnltlo l •d by th• a •lo onllgroftter
r
• •
*** OR: 2542 PG: 3479 ***
-
l£CAl OESCRIPnON:
A P0Rl10N Of 'IRACT C. AUDUION COUNTRY CU.II UNIT ONE AS
R£CORD£0 .. PlAT BOOK 15. PAGES JO 1HROUGH ~ Of 1HE
PU8UC RECORDS OF ~It COUNTY, Fl()M)A. IEING WOR£
PAR11CUlAM. Y Of:SCRIIEO AS rOlLOWS:
C0MMENCt AT THE SOUTHEAST ~ OIF TRACT C. AU0U10N
COUNtRY Q.r.ll UNIT ONE AS R£CORO£D .. "-AT lOCK ''-PAG[S
JO n«oUGH »Of M PC8UC Rr:COROS "COl.UDt COUNTY,
fl.OAGA, lHENCE RUN N.Orot'.»-w., ALONG 1HE EAST UN£ r$
SAID tRACT C. 'OR A OISTAHC£ ~ tl!-38 ft[T TO 1HE PCitt QE
KG;IIWJi OF THE P~ OF LAND HER£ .. ~
1MOG MIN S.lri$"2S'"W. FOft A OISTAIG tl 312.22 FUT 10 A
PC*T ON H WEST UC OF SAID TRACT«:= 1HENCE IUN N.J4"04'2rw .•
AUJNG 1HE WOT LM OF SAID TRACT C, f'OR A DISTNG: r:JF ~2.11
fEET; nCNCX IUN N.1nnrt. AL.OHC M .:ST UIC r:JF SAID
ntACT C. FOR A OISTMCt 01 7.100 RET: lHOICIIIUN N.lrscYZ$-.:.
Fat A OISTANCE OF !101." FUT TO A.POifT ON 'ftC EAST UN[ or
SAID tRACT C; 1HENCE RUN S.OZW'»'t ALONG 1ME tAST ll« or
SAIO tRACT C. F'at A DISTANCt OF 318.2$ f'UT TO 1HE
f!CINI Cl JUjiMtG.. CONT~ 4.200 ACitD. MOll£ OR LESS.
lHIS PftOPOtTY WC:T TO EAS£MENTS. R£S0tVA110NS Oft
"ESTRICTIONS OF RECQtO.
IEARINCiS ~ HERI:ON R£F£R TO 1H£ EAST Lit[ C:S lRACT C.
AUDUIOM COUNTRY CUll UNT ONE AS ltttoROm .. PlAT BOOK
1$, PAGES lO THROUCH lS OF THE PUIUC R£CCAOS 01F COLLIER
COUNTY. f\.ORIOA. AS IEING N..02"01'-"'"W
HOI.£. MON1£S AND ASSOCIA 1£5. INC.
CER"MCA T£ (S AUlHQIItlA liON L8 11 772
BY!l:l!:wflt:flr: " ~T~~ ~~ORMIA
Page 1
6610 Willow Park Drive Suite 200 Naples, FL 34109 | (239) 597 -0575 | Fax (239) 597-0578
www.consult-rwa.com
K:\2004\040009.00.02 Baer's Furniture\0003 PUDA Application Support\Working Docs Submittal 2\Submittal 2 - 03 List of Owners and All Parties of Corp.docx
Audubon Country Club PUDA – Baer’s Furniture Expansion
List of Owner and all Parties of Corporation
Owner: BAER’S FURNITURE CO., INC., a Florida corporation
Audubon Country Club PUDA – Baer’s Furniture Expansion
Current Aerial Photo with Project Boundary
~----ORDINANCE 91-__jJ
Nl ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAPS NUMBERED 8505N, 3505S,
8507N, 8508N AND 8509N; BY CHANGING THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
AUDUBON COUNTRY CLUB PUD, FOR PROPERTY
LOCATED ON THE WEST SIDE OF U.S. 41,
EXTENDING WESTWARD ACROSS VANDERBILT
BEACH DRIVE TO LITTLE HICKORY BAY, IN
SECTIONS 5, 7, 8, AND 9, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 754.75 ACRES; BY
REPEALING ORDINANCE NO. 87-77 WHICH
ORIGINALLY ESTABLISHED THE AUDUBON
COUNTRY CLUB PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert H. Flinn of Audubon Joint Venture,
I
:-···
;-
)•.
'-'·
(..'"; . -· .
r·.
' ~·1! ,.
('_1 ........ ;:u .. --) . (.J·---J• , .• ,
petitioned the Board of County Commissioners to chan9e the
'J'"J
L. c:: r-·
I
(./1
-,.,
:.c
':'.'
.r:-
en
zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED.BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE;
The Zoning Classification of the herein described real
property located in Sections 5, 7, 8, and 9, To~1ship 48
South, Range 25 East, Collier County, Florida, is changed
from "PUD" to "PUD" Planned Unit Development in accordance
with the PUD document, attached hereto as Exhibit "1'" which
is incorporated herein and by reference made part hereof.
The Official Zoning Atlas Maps Numbered 8505N, 85055, 8507N,
8508N and 8509N, as described in Ordinance Number 82-2, is
hereby amended accordingly.
SECTION TWO;
Ordinance Number 87-77, known as the Audubon country
Club PUD, adopted on October 6, 1987 by the Board of County
Commissioners of Collier County is hereby repealed in lts
entirety. II 044 w.r 202
-1-
··n
. ~,. .......
d
"'J I. .. ...
--~----····-------------------------
----.,.
gQUQli THREE;
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
Co~nissioners of Collier County, Florida, this ~day of
~<rl< _./ 1 1991,
··n ATTESor: Uf ,•
JAMES C. 'GtLES~ Clerk . . . / ·..-;~_
Mar r a M. Student
Assistant County Attorney
PUD-87-12(1) ORDINANCE
nb/5448
--·-----------·-. -· .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY' rr~·.__ ()~~
PATRICIA ANNE GOODNIGHT, CHAIRMAN
-2-
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
AUDUBON COUNTRY CLUB
A PJ~NNED RESIDENTIAL COMMUNITY
Ordinance No: 91-5 J
Effective Date: June 25, 1991
Amendment Filed:
CCPC Approval Date: June 6, 1991
BCC ~pproval Date: June 25, 1991
Ordinance No: ~9:..::1:...-..::5:..:3~-----
~~ 04 4 'F.t 204
... ___ ,_·-···-· ... -------------------
-
, '
••
CURRENT
AUDUBON COtniTRY CLUB PLANNING TEAM
Consulting Engineer, Land Surveyors and Planners
HOLE MONTES & ASSOCIATES, INC.
715 Tenth Street South, Naples, Florida 33940
KEVIN ERWIN
Kevin Erwin Consulting Ecologists, Inc.
2077 Bayside Parkway, Fort Myers, Florida 33901
II 0'4 4. w.~ 205
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INDEX
PAGE
LIST OF EXHIBITS ...........••....•....•.........•..••.......... li
STATEMENT OF BACKGROUND PURPOSE ............................... 111
STATEMENT OF COMPLIANCE & SHORT TITLE .......................... iv
SECTION I: PROPERTY OWNERSHIP & GENERAL DESCRIPTION ........ 1-1
SECTION II: PROJECT DEVELOPMENT ............................. 2-1
SECTION III: SINGLE-FAMILY RESIDENTIAL (R-1) ................. 3-1
SECTION IV: VILLAS (R-2)., .......................•.......... 4-1
SECTION V: MULTI-FAMILY RESIDENTIAL {R-3) .................. 5-l
SECTION VI: COMMERCIAL RETAIL CENTER (CR) ................... 6-1
SECTION VII: GOLF COURSE & COUNTRY CLUB (GC) ..•.............. 7-1
SECTION VIII: OPEH SPACE/CONSERVATION (OS/C) .................. 8-1
SECTION IX: GENERAL DEVELOPMENT COMMITMENTS ................. 9-l
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EXHIBIT A
EXHIBIT B
EXHIBIT C
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LIST OF EXHIBITS
MASTER DEVELOPMENT PLAN
Logal Description
Typical Street Right of Way and Road Cross Section
ii
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STATEMENT OF BACKGROUND PURPOSE
The Property was zoned PUD under Ordinance 87-77 and a
substantial portion of the development has been completed
pursuant to such ordinance. The infrastructure for the portion
of the property lying between U.S. 41 and Vanderbilt Drive has
been substantially completed and such property h:!s been
subdivided under the plats for (i) Audubon Country Club, Unit
One, Plat Book 15, Page 30 of the Pnblic Records of Collier
County, Florida and (ii) Replat of Audubon Country Club Unit One
as recorded in Plat Book 15, Pages 39-35 which replat is itself
recorded in Plat Book 17, Page 67, of the Public Records of
Collier County, Florida. The golf course and part of the water
management system have been completed on the part of the Property
west of Vanderbilt Drive. The primary purpose of this Amended
and Restated PUD is to ( i) recognize that a portion of the
property which was subject to Ordinance 87-77 (located in the
northwest corner of the property subject thereto) has been
excluded from it and (ii) make certain amendments in the
development standards and stipulations to permit needed
flexibility to accommodate completion of the development.
Although substantial portions of the development have been
completed and although the developer has fulfilled many of its
development commitments in Ordinance 87-77, nevertheless, this
document continues to set forth the applicable development
requirements from Ordinance 87-77 to preserve a record of those
requirements. It should, however, be understood that although
phrased herein as requirements to be completed in the future many
such requirements have now been completed.
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STATEMENT OF COMPLIANCE .
The development of approximately 754.75 acres of property in
Sections 5, 7, 8, and 9, Township 48 South, Range 25 East,
Collier County, Florida, as a Planned Unit Development to be
known as Audubon Country Club, will be in compliance with the
planning goals and objectives of Collier County as set forth in
the Comprehensive Plan. The residential and commercial
development and associated recreational facilities (multi-use) of
Audubon Country Club will be consistent with the growth policies,
land development regulations and applicable Comprehensive Plan
documents for the following reasons:
1) The subject property
Management Plan.
is consistent with the Growth
2) The project development is compatible with and complementary
to the surrounding land uses.
3) Improvements are planned to be in substantial compliance
with applicable regulations.
4) The Master Development Plan insures a generous amount of
common open space and flexibility in design which will
insure a quality living environment for the residents.
5) The project development will result in an efficient and
economical extension of community facilities and services.
6) The project development is planned to incorporate natural
systems and existing. man-made systems for water management
in accordance with their natural functions and capabilities.
7) Arterial roadways are in existence adjacent to the property
and the number of egress and ingress points are controlled.
8) The development areas will
environmentally sensitive areas
areas) and the environmentally
protected and/or preserved.
be separated from the
(including the xeric scrub
sensitive acres are being
9) The project is surrounded by developed areas or approved
development projects and therefore does not exemplify leap
frog growth.
10) The project as previously zoned under Ordinance 87-77 has
been substantially developed and has been found to be
"improved property• within the Zoning Re-Evaluation
Ordinance 90-23 as required by policy 5.1 of FLUE (Future
Land Use Element) of the Growth Management Plan.
SHORT TITLE
This ordinance shall be known and cited as "Audubon Country Club
PUD Ordinance."
II 044 w.[ 2C9
iv
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.01 INTRODUCTION AND PURPOSE
It is the intent of the Owner (hereinafter called
"Developer") to establish and develop a Planned Unit
Development (PUD) on approximately 754.75 acres of property
located in Collier County, Florida. It is generally
bordered on the west by Little Hickory Bay and on the east
by u.s. Highway 41. The northern boundary of the property
is Bonita Shores Subdivision and Lee County. The southern
edge of the property is bounded by Bay Forest and The
Retreat Developments. It is the purpose of this document
to provide the required standards and to set forth
guidelines for the future development of the property.
1.02 NAME The PUD development shall be known as Audubon
Country Club.
1.03 LEGAL DESCRIPTION
See Attached Exhibit "B"
1.04 TITLE TO PROPERTY
Except for platted lots or tracts heretofore conveyed, the
subject properties are currently under ownership and the
unified control of Audubon Joint Venture, a Florida
partnership composed of Audubon of Naples Corporation, a
Florida corporation, and F and B Associates, a New York
limited partnership.
1.05 CURRENT ZONING
The property is currently zoned PUD (Audubon Country
Club), Ordinance 87-77.
II C"44 fAGt 210
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SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
'!he purpose of this Section is to generally describ~ the
plan of development and delineate the general conditions
that will apply to the project.
2. 02 GENERAL PLAN OF DEVEJ ... OPMENT
Audubon Country Club is a planned community, which includes
a mixture of residential and commercial uses, golf course,
open space/parks and conservation areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is planned to be in compliance with the
applicable Collier County zoning and subdivision
regulations as well as other Collier County development
codes in effect at the time permits or plats are requested,
except as provided herein.
2.04 LAND USE
2.05
2.06
2.04.01
The MASTER DEVELOPMENT PLAN (Exhibit A) shows the proposed
land uses of development for each parcel. Some variations
in acreages shall be permitted at final design to
accommodate vegetation, encroachments, utilities,
topography, protected animal species, site and market
conditions. In addition, variations of up to five percent
(5%) of the developable area shall be permitted to
accommodate changes required by environmental permitting
agencies or county staff at site plan approval.
SITE DEVELOPMENT PLPN APPROVAL
When site development plan approval is required by this
document, applicant shall comply with Section 10.5 of the
zoning Ordinance or successor regulations dealing with site
development plan approval.
DEVELOPMENT OF PARCEL~ II C44 PV·~ 211
A) Site Development Plan approval, when required, shall
follow the procedure as outlined in Section 10.5 of
the zoning ordinance.
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LAND USE TYPE
RESIDENTIAL
R-1 (Single-Family)
R-2 (Villas)
R-3 (Multi-Family)
COMMERCIAL
CR Retail
LAND USE SCHEDULE
.-APPROXII-'.ATE
ACREAGP.
108.7
43.6
27.9
12.4
MAXIMUM NO. OF
DWELLING UNITS
408*
300
124,000 sq. ft.
of floor area
All acreages are approximate and may vary significantly to
accommodate site conditions, environmental permits, topography
and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the
R-1 and R-2 use types or districts. There is no specific number
of units allocated to either such use.
II C4 4 FAG[ 212
2.07 PROJECT DENSITY
The total acreage of Audubon Country Club's property is
approximately 754.75 acres. The maximum number cf dwelling
units to be built on the total .acreage is 708. The
development of 708 dwelling units would result in a gross
density of loss than one unit per acre (.94 dwelling units
per acre). The density on individual parcels of land
throughout the project may vary according to the type of
housing placed on each parcel of land.
2, 08 PERMITTED VARIATIONS OF DWELT~ING UNITS
Flexibility is to be allowed c1s·· to the number of uni t3 on
any parcel within a district, provided that any specified
maximum number of residenti.ll unlts for that district is
not er.ceeded and the development standards contained in
this PUD are not exceeded. Further, the Development
Services Director may allow up to a fifteen percent (15\)
variance in any residential district, so long as the total
does not exceed 708.
2.09 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utili ties, and other purposes as may be needed. Said
easements and improvements shall be done in substantial
compliance with the Collier County Subdivision Regulations.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect at the
time approvals are requested.
2.10 PERMITTED USES, GENERAL
Developer's landscaping nursery, essential services, model
homes, sales centers, signs, temporary development/
construction offices and other similar and compatible uses
as may be approved by the Development Services Director,
along with their accessory uses, shall be considered as
permitted principal uses on all tracts and land use
classifications within the project.
:2. 11 SIGNS
2.11.01 GENERAL
(a) All County sign regulations shall apply
unless such regulations are in conflict with
the conditions set forth in this section.
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2.11.02
2.11.03
(b) For the purpose of this PUD Document/
Ordinance, each tract or any portion thereof
approved by the Development Services Director
as a .separate project shall be considered as
a separate parcel of land and shall be
entitled to any sign as permitted herein.
(c) All signs shall be located so as not to cause
sight distance problems.
ENTRANCE SIGNS
(a) Two (2) entrance signs shall be permitted at
each entrance shown on the Master Development
Plan.
(b) Entrance signs shall not exceed a height of
twelve (12) feet above the finished ground
level of the sign site nor may the aggregate
area of the signs face exceed one hundred
(100) square feet at each major entrance.
(c) Entrance signs may be lighted, provided all
lights are shielded in a manner which
prevents direct glare into the vision of
drivers using the adjacent streets or into
adjacent residences.
PROJECT SIGNS
(a) Four project signs, designed to promote
Audubon Country Club, or any major use within
the project shall be permitted, two on the
west side of U.S. Highway 41, and one each on
the east and west sides of Vanderbilt Beach
Drive subject to the following conditions:
(i) Project signs shall not exceed a height
of twenty ( 20) feet above the finished
ground level of the sign site nor may
the overall area of the sign face exceed
one hundred (100) square feet.
(ii) Project signs may be .lighted, provided
all lights are shielded in a manner
which prevents direct glare into the
vision of drivers using the adjacent
streets or into adjacent residences.
a 044fAI;t214
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2.11.04 Buffers and External Fences
(a)
{b)
(C)
The east-west cul-de-sac road which borders
and parallels the Bonita Shores Subdivision
on the northern boundary of the project, west
of Vanderbilt Beach Drive, shall be set back
a minimum of 45 feet from the property line
as a buffer area, which shall be subject to
the requirements of 8.37 b., c. and d. of the
zoning Ordinance. This buffer area may have
the existing vegetation enhanced in order to
visually screon the project and the area, and
may also be utilized for sub-surface
utilities, provid-ed agreement for such use is
reached between the Developer and County and
an easement granted. A 6 foot green chain
link fence may be constructed within the
buffer area adjacent to the Bonita Shores
Subdivision within and along the northern
edge of the area cleared for installation of
a county-owned water line. The fence shall
be located and constructed so as to not
require further cutting, clearing or removal
of existing vegetation.
The cul-de-sac road right-of-way which
parallels and borders the southern boundary
of the project between u.s. 41 and Vanderbilt
Beach Drive shall be set back a minimum of 25
feet from the property boundary. The 25 foot
set back area shall be maintained as a
buffer.
Unless otherwise specified herein,
may consist of natural vegetation,
vegetation enhanced by landscaping,
walls, fences, or any combination
above.
buffers
natural
berms,
of the
(d) A wall or fence up to 8 feet in height may be
constructed along the adjacent property line
of Tract Y and those platted properties to
the south but not in Tract Y, but generally
adjacent to the east west cul-de-sac road.
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SECTION III
SINGLE-FAMILY RESIDENTIAL (R-1)
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas and district designated as Single-Family
Residential {R-1).
3.02 MAXIMUM DWELLING UNITS
A total of 408 dwelling units· .less the number of units
constructed in the Villa [R-2] tract according to section IV
may be constructed in the R-1 district except as provided in
Section 2.08.
3.03 PERMITTED USES AND STHUCTURES
No building or structure, or part thereof, shall be erected,
al tared, or used, or land or wator used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Single Family detached type dwelling structures.
2) Public and private parks, playgrounds, playfields
and commonly owned open space.
B) Permitted Principal Uses and Structures Requiring
Seecific Site Aeeroval According to Section 2.05
1) Single Family attached and detached type dwelling
structures (villas, townhouses, patio homes, zero
lot-line units, and other similar single family
attached or semi-attached dwellings), pursuant to
development regulations in Section IV.
2) Recreational structures,
utility structures.
community buildings,
3) Development, management, construction and sales
offices.
C) Permitted Accessory Uses and Structures
1) Customary accessory uses and structures, including
but not limited to private garages and private
swimming pools, and essential services and related
structures.
II U44w,~216
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2) Model homes shall be permitted in conjunction with
the promotion of the development as provided in
the Zoning Ordinance.
3.04 PROPERTY DEVELOPMENT REGULATIONS FOR. PERMITTED USES
3.04.01
3.04.02
3.04.03
3.04.04
3.04.05
GENERAL:
All yards, set-backs, etc., shall be applied in
relation to the individual lot boundaries.
MINIMUM LOT AREA AND DIMENSIONS:
Area:
Frontage:
10,000
95
105
80
Square Feet
Feet Interior Lots
Feet Corner Lots
Feet Cul-de-sac and odd shaped
lots (measured at the front
yard setback line).
MINIMUM SETBACKS FROM SUBDIVIDED LOT BOUNDARIES:
Front: 25 Feet
Side: 7.5 Feet One Story
10 Feet Two Story
Rear: 25 Feet To Principal Structure
10 Feet to Screen Enclosures
MAXIMUM BUILDING HEIGHT:
Principal Structures: 2 Living stories plus roof
structure over parking
Accessory Structures: 20 Feet
MINIMUM FLOOR AREA: 1,500 sq. ft.
3.05 PROPERTY DEVELOPMENT REGULATIONS FOR
REQUIRING PLAN APPROVAL (Section 3.03BL
PERMI'l'TED USES
3.05.01
3.05.02
GENERAL: All yards, setbacks, etc. shall be
applied in relation to development parcel
boundaries or lot boundaries as indicated.
MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS
As determined during subdivision master plan
review if applicable.
II 044rAGt217
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3.05.03
3.05.04
3.05.05
3.05.06
3.05.07
MINIMUM LOT AREA AND DIMENSIONS
Area: 1,500 Square Feet
Minimum Parcel Dimension along any primary side:
50 Feet
MINIMUM SETBACKS
RDevelopment Tract R means one of the Tracts on
which Residential Development is permitted in
accord with the Master Plan in Exhibit A. "Lot •
means a portion of a Development Tract which has
been subdivided as. ·such under a recorded
subdivision plat.
To Principal Uses from
adjoining rights of way:
To Principal Uses from Lot
or Development Tract Boundaries:
To Principal Uses from Open Space
or Recreational Areas:
To Accessory Uses, typical from
Lot or Development Tract Boundaries:
To Fencing, Screening and Privacy
Wall not exceeding 6 feet in height
from Lot or Development Tract Boundaries:
From Preserve Tracts outside of the
Lot or Development Tract Boundaries:
To Principal Uses:
To Screen Enclosures:
MAXIMUM BUILDING HEIGHT:
25 feet
10 feet
10 feet
5 feet
None
20 feet
10 feet
Principal Structures: 2 Living Stories Plus Roof
Structure Over Parking
Accessory Structure: 20 Feet
MINIMUM FLOOR AREA: 1,500 Square Feet
The foregoing standards with the exception of
setbacks to preserve areas and standards
pertaining to height and minimum floor area may be
waived for permitted uses set forth in section
3.03, Permitted Uses and Structures, by the
Development Services Director in any Development
Tract where a site development plan is approved
for an entire Development Tract which shows the
II C44 PAGE 218
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position and
structures.
3.06 OFF-STREET PARKING
relationships of all proposed
Those principal uae structures which are identified in
Section 3. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spaces to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
3-4
4.01 PURPOSE
SECTION IV
VILLAS (R-2)
The purpose of this Section is to set forth the regulations
for the areas and district designated as Villas.
4.02 MAXIMUM DWELLING UNITS
A total of ~08 dwelling units less the number of units
cor.structed in single family [R-1] tracts according to
section III may be constructed~ln·the R-2 district except as
permitted by Section 2.08.
4.03 PERMITTED USES AND STRUCTURES
A) Permitted Principal Uses and Structures
1) Single Family attached and detached
units (villas, townhouses, patio
lot-line units) and other similar
attached or semi-attached dwellings.
type dwelling
homes, zero
single family
2) All permitted principal uses and structures
allowed by Section 3.03A of this document.
B) Permitted Principal Uses and Structures Requiring
Specific Site Plan Approval According to Section 2.05
Any permitted structure exceeding the maximum building
height allowed by Section 4.04.04 of thi3 document, but
not exceeding three (3) habitable/living stories above
parking.
C) Permitted Accessory Uses and Structures
1) All permitted accessory uses and structures
allowed by Section 3.03C of this document.
2) Private boat docks with or without boat hoists on
water front lots not protruding more than five
feet into the water.
4.04 PROPERTY DEVELOPMENT REGULATIONS
4.04.01 GENERAL
All yards, set-backs, etc., shall be applied in
relation to the individual Tract boundaries.
II 044 PA~~ 220
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4.04.02
4.04.03
MINIMUH PARCEL AREA AND DIMENSIONS
As determined during subdivision mnster plan
review if applicable.
MINIMUM LOT SIZE AREA AND DIMENSIONS
Area: 1,500 square feet
Minimum Tract Dimension along any primary side:
50 feet
MINIMUM SETBACKS TO TRACT BOUNDARIES:
"Development Tract • means one of the Tracts on
which Residential Development is permitted in
accord with the Master Plan in Exhibit A. • Lot"
means a portion of a Development Tract which has
been subdivided as such under a recorded
subdivision plat.
To Principal Uses along
any Road Right-of-way:
To Detached Principal Uses from
adjacent Lots, Side Yards in Lots
or Development Tracts:
To Attached Principal Uses from
adjacent Side Yards in Lots:
To Attached Principal Uses from
adjacent Development Tract Side
Yards:
To Principal Uses from Open Space
or Recreational Areas:
To Accessory Uses, from Development
Tract or Lot Boundari.es Typical:
To Fencing, Screening and Privacy
Wall not exceeding 6' high from
Development Tracts or Lot Boundaries:
From Preserve Tracts outside of the lot
or Development Tract to Principal Use:
II 044PA:.t221
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25 feet
5 feet
0 feet
5 feet
10 feet
5 feet
None
20 feet
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4.04.04
4.04.05
MAXIMUM BUILDING HEIGHT:
PRINCIPAL STRUCTURE: (2) habitable/living stories
above parking unless other-
wise. approved under Section
4.038.
ACCESSORY STRUCTURE: 25 feet
MINIMUM FLOOR AREA: 750 square feet per unit
4. 05 The foregoing standards with the exception of setbacks to
preserve areas and standards pertaining to height and
minimum floor area may be waived for permitted uses set
forth in section 4.03, Permitted Uses and Structures, by the
Development Services Director in any Development Tract where
a site development plan is approved for an entire
Development Tract which shows the position and relationships
of all proposed structures.
4.06 SEPARATION BETWEEN R-1 AND R-2 USES
Where both R-1 and R-2 uses are proposed to be develc1ped
within any single Development Tract as shown on the Master
Plan in Exhibit A such uses shall be separated by a buffer,
right of way, water management area, conservation/open space
area, golf course, other recreation facility or some other
appropriate method of separation approved by the Development
Services Director.
4.07 OFF-STREET PARKING
Those principal use structures which are identified in
Section 4. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spaces to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
II 044 FAGt222
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SECTION V
MULTI-FAMILY RESIDENTIAL (R-3)
5.01 PURPOSE
The purpose of this Section is to set forth the r~gulations
for the areas and district designated as Multi-Family
Residential (R-3) on the Master Development Plan.
5.02 MAXIMUM DWELLING UNITS
A maximum number of 300 dwelling units may be constructed in
the R-3 Multi-Family Residential parcels, except as
permitted by Section 2.08.
5.03 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Multi-family dwellings, which is defined as any
single structure containing two (2) or more
separate dwelling units.
2) All permitted principal uses and structures
allowed by Section 4.03 of this document.
3) All permitted principal uses and structures
allowed by Section 3.03A of this document.
B) Permitted Principal Uses and Structures Requiring
Specific Site Plan Approval According to Section 2.05
1) Any permitted structure exceeding the maximum
building height allowed by Section 5.04.04 of this
document but not exceeding 20 habitable/living
stories above parking.
2) All permitted principal uses and structures
allowed by Section 3.03 of this document.
3) Churches and other places of worship including
convents and monasteries.
4) Rest Homes, homes for the aged, life care and
limited care facilities, and like, subject to the
property development regulations of 5.05.
l,rl U44 PA(,~ 223
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C) Permitted Accessory Uses and Structures
All permitted accessory uses and structures allowed by
Section 3.03C of this document.
5.04 PROPERTY DEVELOPMENT REGULATIONS
5.04.01
5.04.02
GENERAL: All yards,
applied in relation
boundaries.
set-backs, etc., shall be
to the individual parcel
A) MINIMUM PARCEL AREA AND DIMENSIONS
Area: 1 acre
Frontage: 150 feet
B) MINIMUM LOT SIZE: None
5.04.03
5.04.04
MINIMUM SETBACKS TO PARCEL BOUNDARIES
One-half of principal building height with a
minimum of:
Front: 30 feet
Side: 15 feet
Rear: 30 feet
MAXIMUM BUILDING HEIGHT
Six (6) habitable/living stories above parking
unless otherwise approved under Section 5.03(B)
MINIMUM FLOOR AREA: 750 square feet per unit
5. OS PROPERTY DEVELOPMENT REGULATI_ON FOR USES UNDER 5. 03 B) 3)
and 4) ONLY:
5.05.01
5.05.02
5.05.03
MINIMUM AREA AND DIMENSIONS
Area: 2 acres
Frontage: 150 feet
SET BACKS TO PARCEL BOUNDARIES
One half of principal building height with the
same minimums as 5.04.03.
HEIGHT: As specified by Section 5.04.04.
a 04.4 PAG~ 224.
5-2
5.06 OFF-STREET PARKING
Those principal use structures which are identified in
Section 5. 03A shall contain a minimum of two ( 2) parking
spaces per dwelling unit. The Development Services Director
may permit a lesser number of parking spat::es to be paved
when circumstances indicate infrequent use. However, those
unpaved spaces shall be grassed and reserved for future
paving.
II 044. FAGt225
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SECTION VI
COMMERCIAL RETAIL CENTER (CR)
6.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the area designated on Exhibit "A", Master Development
Plan, as the Commercial Retail Center (CR).
6.02 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected,
altered, or used, or land or-water used, in whole or in
part, for other than the following:
A) Permitted Uses:
1.
2.
3.
4 .
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
Antique shops
Appliance stores
Art studios
Art supply shops
Automobile parts stores
Automobile service stations
Bakery shops
Banks and financial institutions
Barber and Beauty shops
Bath supply stores
Bicycle sales and services
Book stores
Carpet sales -not including storage or
installation
Child care center subject to site plan approval
Clothing stores
Cocktail lounges
Commercial recreation uses
Commercial schools
Confectionery and Cundy stores
Delicatessens
Department stores
Drapery shops
Drug stores
Dry cleaning shops
Dry goods stores
Florist shops
Furniture stores
Garden supply stores
Gift shops
outside display in rear
Glass and mirror sales -not including
installation
Gourmet shop
Hardware stores
Health food stores and health facilities
• c • • • • \ • : ' 'i' I I . ' . t i, . ~ \• t 1\ . \ [. )' . ' •
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34. Hobby supply stores
35. Ice cream stores
36. Interior decorating showrooms and office
37. Jewelry stores
38. Laundries
39. Liquor stores
40. Locksmith
41. Medical clinics and offices
42. Millinery shops
43. Music stores
44. News stores
45. Office supply stores
46. Paint and wallpaper stores
47. Pet shops and suppli~i ·
48. Photographic equipment stores
49. Post office
SO. Printing, publishing and mimeograph service
51. Private clubs, fraternal ·and social
52. Radio and television sales and service
53. Restaurants
54. Shoe sales and repairs
55. Shopping centers
56. Souvenir stores
57. Stationary stores
58. Supermarkets and meat markets (not to exceed
25,000 square feet)
59. Tailor shops
60. Tile sales -ceramic tile
61. Tobacco shops
62. Toy shops
63. Tropical fish stores
64. Variety stores
65. Veterinary offices & clinics (no outside
Kenneling)
66. Watch and precision instrument repair shops
67. Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be
compatible in the district.
68. Water management facilities, parks, essential
services, and preservation areas.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated
with the uses permitted in this district.
6.03 MINIMUM YARD REQUIREMENTS
Buildings shall be set back a minimum of 35 feet from all
roadways and 50 feet from boundaries with residential
parcels.
6-2
There shall be no required setback from boundaries from open
space conservation areas. A landscape buffer area of at
least ten ( 10) feet shall be maintained between parking
areas and any roadways or residential parcels and shall
comply with Section 8.37 of the Zoning Ordinance.
6.04 BUILDING SEPARATION
All buildings shall be separated twenty (20) feet or
one-half (1/2) the sum of their heights whichever is greater
except that in the case of clustered buildings with a common
architectural theme these distances may be less, provided
that a site plan is approved by the Director . ... .....
6.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE~
One thousand (1,000) square feet per building on the ground
floor except that free standing specialty structures of
nationally recognized standard size less than one thousand
(1,000) square feet shall be permitted when site plan
approval has been received.
6.06 MAXIMUM HEIGHT
Thirty five (35) feet above finished grade of lot.
6.U7 MINIMUM OFF-STREET
REQUIREMEN'l'S
PARKING AND OFF-STREET LOADING
As required by the Zoning Ordinance of Collier County.
6.08 MINIMUM LANDSCAPING REQUIREMENTS
As required by the Zoning Ordinance of Collier County.
6.09 SIGNAGE:
A. Wall and Marquee Signs
One wall or marquee sign per business with an area not
exceeding fifteen percent ( 15\) of the total square
footage of the front wall to which it is to be affixed,
with a maximum of one hundred (100) square feet.
B. On-Premises Signs
One on-premise sign not to exceed fifty (50) square
feet for free standing businesses with one hundred
fifty (150) feet or more of footage not to exceed
twenty (20) feet in height.
II 04.4 PAG~ 228
6-3
-----·------------
.. ....
',
c. Directory or Entrance Sign
A maximum of 250 square feet.
6.10 DEVELOPMENT
Prior to development of any commercial tract, a
development plan shall be approved in accordance
Section 10.5 of the Zoning Ordinance:
site
with
A written request for site plan approval shall .be submitted
to the Development Services Director for approval or denial.
The request shall include materials necessary to demonstrate
that the approval of the site "ptan •,.rill be in harmony with
the intent and purpose of this document. Such material shall
include the following, where applicable:
A) Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions for
ingress and egress, off street parking and off street
loading areas, yards and other open spaces.
B)
C)
D)
E)
Plans showing proposed locations for utilities hook-up.
Plans for screening and buffering.
Plans for proposed signs and lighting.
In the case of clustered buildings and/or zero lot line
with common architectural theme, required property
development regulations may be waived or reduced
provided a site plan is approved under this section.
().11 SPECIAL PROPERTY DEVELOPMENT REGULATIONS
A) Landscaping, buffer areas and supplementary district
zoning regulations that may be applicable to certain
uses above shall be adhered to unless in conflict with
any of the intent or the previsions specified herein.
B) Merchandise storage and display. Unh~ss specifically
permitted for a given use, outside storage or display
of merchandise is prohibited.
C) Automobile Service Stations shall comply with the
standards of Section 9.8 of the Zoning Ordinance.
6·. 12 MINIMUM LANDSCAPE REQUIREMENTS
The project shall comply with the Collier County landscape
ordinance in effect at the time a permit is requested or
required. II 044. nr,~ 229
6-4
6.13 SQUARE FOOTAGE
Commercial development shall not exceed onA hundred
twenty-four thousand (124,000) square feet of floor area.
II U44 FV.~ 230
6-5
),
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SECTION VII
GOLF COURSE & COUNTRY CLUB (GC.)
7.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Golf Course.
7.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or· water used, in whole or in
part, for other than the following:
A)
B)
C)
Permitted Principal Uses and Structures
Golf Course
Permitted Accessory Uses and Structures
1)
2}
Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course and other
permitted recreational facilities.
3) Multiple tennis courts, shuffleboard courts,
swimming pools, and other types of facilities
intended for outdoor recreation common to a
country club.
4) Roads, pathways, accessory uses and structures
customarily associated with the permitted use,
including but not limited to utility structures,
water management facilities, maintenance shops and
equipment storage facilities, non-corunercial plant
nursery, etc.
5) Polling places in accordance with Section 9.11 of
the Zoning Ordinance.
Plan Approval Requirements
A site plan
submitted in
document. The
be recorded in
of the golf clubhouse area shall be
accordance with Section 2.05 of this
perimeter boundaries of such plans shall
the same manner as a subdivision plat.
II U44)f~r.~ 231
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7.03 PROPERTY DEVELOPMENT REGULATIONS
7.03.01
7.03.02
7.03.03
General Requirements:
A) Overall site design shall be harmonious in
terms of landscaping, enclosure of
structures, location of access streets and
parking areas and location and treatment of
buffer areas.
B) Buildings shall be set back a minimum of
fifty (50) feet from abutting residential
districts and the setback area shall be
appropriately landscaped and maintained to
act as a buffer zone. No parking will be
allowed in the buffer..
Maximum Height of Structure8
Three (3) stories over parking.
Parking
The off-street parking shall be as required by the
Zoning Ordinance of Collier County at the time
building permits are requested.
7-2
SECTION VIII
OPEN SPACE/CONSERVATION
8.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated as Open Space/Conservation as well
as areas not otherwise covered.
8. 02 PERMITTED USES AND STRUC'rURES
No building or structure, or part thereof, shall be erected,
al tared, or used, or land or~ water used, in whole or in
part, for other than the following:
A) Permitted Principal Uses and Structures
1) Parks and playground.*
2) Biking, hiking, canoeing and nature trails.*
3) Equestrian paths.
4) Natura proserves and wildlife sanctuaries.
5) Recreational shelters and restroom facilities.*
6) Elevated boardwalk through wetlands areas to Bay
as shown on Master Development Plan.*
7) Water Management structures.
8) Pathways, accessory uses and structures
customarily associated
use,including but not
structures, lakes, water
etc.*
with the permitted
limited to utility
management facilities,
9) Wildlife Management.
10) Other recreational and open space uses which are
compatible and approved pursuant to 9.02(c).
*These uses in wetlands areas xeric scrub oak.
require advance approval by the Collier
Development Services Department and possible
from other governmental agencies.
II 044 FAG~ 233
8-1
------·----..
________ ._ .. __ _
habitat
County
permits
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily
associated with principal uses permitted in this
District.
2) Maintenance and storage areas and structures.
C) Site Plan Approval Requirement
Site plans for proposed uses which are deemed
compatible with above uses by Administrator and not
permitted as principal us~~ shall be submitted to the
Director in accordance with Section 2.05.
8.03 PROPERTY DEVELOPMENT CRITERIA
Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
8.04 MAINTENANCE
The Developer shall establish a Property Owners Association
for the Project which will be responsible for the
maintenance and conservation of the Open Space/Conservation
areas, recreational facilities, private streets, sidewalks,
parks and other common facilities.
8-2
SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
9.01 PURPOSE
The purpose of this Section is to set forth the standards
for development of the project.
A. The design and layout illustrated by the Master
Development Plan shall be understood as general in
nature and flexible so that final design may comply
with applicable requirembrits and best utilize the
natural resources.
B. Minor design changes may be permitted subject to staff
review and approval, and design changes necessitated by
environmental permits shall be permitted subject to
staff review and approval.
c. To protect the integrity of the Planned Unit
Development, the major access roads may be private
roads and access may be limited thereon with the
exception of emergency and official vehicles.
9.02 DEVELOPMENT COMMITMENTS
A) Energy
1) Construction shall comply with applicable local
and state energy codes.
2) Reasonable "good faith• efforts to utilize
state-of the-art energy conservation techniques
shall be made where practically and economically
feasible.
3) Deed restrictions and othe.r mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B) Transportation
1) The internal roadway system of the proposed
project including any needed signals and other
intersection improvements shall be constructed by
the developer.
II 044 F~GS 235
9-1
•
f:.
2)
3)
There will be an eight ( 8 I) foot leisure path
throughout the development as shown on the Master
Development Plan. Together with the golf cart
paths, they will serve all residential and common
areas.
Developer shall provide 50 feet of right-of-way
along the north boundary of the property between
Vanderbilt Beach Drive and U.S. Highway 41 for
future roadway purposes.
4) The Developer shall provide up to 25 feet of
additional right-of-way along all frontages on
Vanderbilt Drive (CR-901), the exact amount to be
determined when right-of-way permits are issued,
for turn lane, bike path and drainage uses upon
the four laning of that road.
5) Gate houses shall be located and designed so as
not to cause vehicles to be backed up onto any
public roadway.
6) The Developer shall provide left and right turn
lanes and arterial level street lighting at all
accesses on Vanderbilt Drive and Tamiami Trail.
7) The Developer shall provide a fair share
contribution toward the capital cost of any
traffic signals deemed warranted by the County
Engineer at accesses on Vanderbilt Drive or
Tamiami Trail. The signals will be owned,
operated and maintained by Collier County.
8) All traffic control devices used, excluding
name and other internal traffic control
shall conform with the Manual on Uniform
Control Devices (Chapter 316.0747,
Statutes).
street
signs,
Traffic
Florida
9) These improvements are considered "site related~
as defined in Ordinance 8~-55 and shall not be
applied as credits toward any impact fees required
by that ordinance.
10) A minimum 15 1 landscaped buffer shall be provided
between all internal streets that are adjacent and
parallel to an existing or proposed external road.
11) The golf maintenance facility is shown next to
Vanderbilt Drive, just north of the proposed
underpass. No median opening shall be permitted
when Vanderbilt Drive is widened to 4 lanes. a 044 PAG: 236
9-2
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12)
13)
The proposed underpass under Vanderbilt Drive,
shall be constructed to accommodate future 4
laning of Vanderbilt Drive and shall be so located
and designed to avoid any site distance problems
with existing access drives located north of this
project and the proposed access to the maintenance
facility.
The main access to Audubon shall be located as
shown on Exhibit •A" and appears to be located
approximately across from the entrance to the
Cypress Head PUD.
C) Water Management
1) Detailed paving, grading, site drainage and
utility plans shall be submitted to Project Review
Services for review. No construction permits
shall be issued unless and until approval of the
proposed construction in accordance with the
submitted plans is granted by Project Review
Services.
2) An Excavation Permit will be required for the
proposed lake(s) in accordance with Collier County
Ordinance No. 88-26 and South Florida Water
Management District (SFWMD) rules.
3) Design and construction of all improvements shall
be subject to compliance with the appropriate
provisions of the Collier County Subdivision
Regulations.
4) A copy of SFWMD Parmi t or Early Work Permit is
required prior to construction plan approval.
5) The lakes and wetland locations shall meet the
minimum 200 ft. separation criteria of the South
Florida Water Management District rules unless the
South Florida Water Management District approves
any separation less than 200 feet and written
confirmation to that effect is provided to Project
Review Services.
D) Utilities Requirements
1) Water distribution and se\'rage collection and
transmission systems will be constructed
throughout the project development by the
developer pursuant to all current requirements of
County and the State of Florida. Water and sewer
facilities constructed within platted rights-of-
way or within utility easements required by the
-I . . , . ~
County shall be conveyed to the County for
ownership, operation and maintenance purposes
pursuant to appropriate County Ordinances and
regulations in effect at the time of conveyance.
All water and sewer facilities constructed on
private property and not required by the County to
be located within utility easements shall be
mmed, operated and maintained by the Developer,
his assigns or successors. Upon completion of
construction of the water and sewer facilities
within the project, the facilities will be tested
to insure they meet Collier County's utility
construction require~~nts in effect at the time
construction plans are approved. The above tasks
must be completed to the satisfaction of the
Utilities Division prior to placing any utilities,
County owned or privately owned, into service.
Upon completion of the water and/or sewer
facilities and prior to the issuance of
Certificates of Occupancy for structures within
the project the utility facilities shall be
conveyed to the County, when required by the
Utilities Division, pursuant to County Ordinances
and Regulations in effect at the time conveyance
is requested.
(a) All construction plans and technical
specifications and proposed plats, if applicable,
for the proposed water distribution and sewage
collection and transmission facilities must be
reviewed and approved by the Utilities Division
prior to commencement of construction.
(b) All customers connecting 'to the water
distribution and sewage collection facilities ~Till
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 water and/or S8wer service to
the project, the water and/or sewer customers
shall be customers of the interim utility
established to serve the project until the
County's off-site water and/or sewer facilities
are available to serve the project.
(c) It is anticipated that the County
Utilities Division will ultimately supply potable
water to meet the consumptive demand and/or
receive and treat the sewage generated by this
project. Should the County system not be in a
position to supply potable water to the project
and/or receive the project's wastewater at the
time development commences, the Developer, at his
~~~ U44F~r,~238
9-4
expense, will install and operate interim water
supply and on-site treatment facilities and/or
interim on-site sewage treatment and disposal
facilities adequate to meet all requirements of
the appropriate regulatory agencies.
(d) An Agreement shall be entered into
between the County and Developer, binding on the
Developer, his assigns or successors, legally
acceptable to the County, prior to the approval of
construction documents for the proposed project,
stating that:
( 1) The pr·oposed water supply and
on-site treatment facilities and/or on-site
wastewater treatment and disposal facilities, if
required, are to be constructed as part of the
proposed project and must be regarded as interim;
they shall be constructed to State and Federal
standards and are to be owned, operated and
maintained by the Developer, his assigns or
successors until such time as the County's
off-site water facilities and/or off-site sewer
facilities are available to service the project.
The interim treatment facilities shall supply
services only to those lands owned by the
Developer and approved by the County for
development. The utility facility(ies) may not be
expanded to provide water and/or sewer services
outside the development boundary approved by the
County without the written consent of the County.
(2) Upon connection to the County's
off-site water facilities, and/or sewer
facilities, the Developer, his assigns or
successors shall abandon, dismantle and remove
from the site the interim water and/or sewage
treatment facility and discontinue use of the
water supply source, if applicable, in a-manner
consistent with State of Florida standards. All
work related with this activity shall be performed
at no cost to the County.
(3) Connection to the County's off-site
water and/or sewer facilities will be made by the
owners, their assigns or successors at no cost to
the County within 90 days after such facilities
become available. The cost of connection shall
include, but not be limited to, all engineering
design and preparation of construction documents,
permitting, modification or refitting of existing
sewage pumping facilities or construction of new
master sewage pumping facilities, interconnection
with County off-site facilities, water and/or
sewer 1 ines necessary to make the connection ( s) ,
etc.
(4) At the time County off-site water
and/or sewer facilities are available for the
project to connect with, the following water
and/or sewer facilities shall be conveyed to the
County pursuant to appropriate County Ordinances
and Regulations in effect at the time:
(a) All water and/or sewer
facilities constructed in publicly owned
rights-of-ways bi .within utility easements
required by the County within the project
limits required to make connection with the
County's off-site water and/or sewer
facilities; or,
(b) All water and sewer facilities
required to connect the project to the
County's off-site water and/or sewer
facilities when the on-site water and/or
sewer facilities are constructed on private
property and not required by the County to be
located within utility easements, including
but not limited to the following:
(i) Main sewage lift station
and force main interconnection with the
County sewer facilities including all
utility easement necessary;
(ii) Water distribution
facilities from the point of connection
with the County's water facilities to
the ma~ter water meter serving the
project, including all utility easements
necessary.
(5) The customers served on an interim
basis by the utility system constructed by the
Developer shall become customers of the County at
the time when County off-site water and/or sewer
facilities are available to serve the project and
such connection is made. Pr lor to connection of
the project to the County's off-site water and/or
sewer facilities the Developer, his assigns, or
successors shall turn over to the County a
complete list of the customers served by the
interim utilities system and shall not compete
with the County for the service of those
customers. The Developer shall also provide the
9-11 G44 fAr,~ 240
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·'· '.
County with a detailed inventory of the facilities
served within the project and the entity which
will be responsible for the water and/or sewer
service billing for the project.
(6) All construction plans and
technical specifications related to connections to
the County's off-site water and/or sewer
facilities will be submitted to the Utilities
Division for review and approval prior to
commencement of construction.
(7} The ·Developer, his assigns or
successors agree to · pay all syst.em development
charges at the time that Building Permits are
required, pursuant to appropr late County
Ordinances and Regulations in effect at the time
of permit request. This requirement shall be made
known to all prospective buyers of properties for
which building permits will be required prior to
the start of building construction.
(B) The County will lease to the
Developer for operation and maintenance the water
distribution ~nd/or sewage collection and
transmission system for the sum of $10.00 per
year, when such system is connected to the
off-site water and/or sewer facilities owned and
operated by the County. Terms of the lease shall
be determined upon completion of the proposed
utility construction and prior to activation of
the water supply, treatment and distribution
facilities and/or the sewage collection,
transmission and treatment facilities. The Lease,
if required, shall remain in effect until the
County can provide water and/or sewer service
through its off-site facilities or until such time
t.hat bulk rate water and/or sewer service
agreements are negotiated with the interim utility
system serving the project.
(e) Data required under County Ordinance No.
80-112 showing the availability of sewage service, must
be submitted and approved by the Utilities Division
prior to approval of the construction documents· for the
project. Submit a copy of the approved DER permits for
the sewage collection and transmission systems and the
wastewater treatment facility to be utilized, upon
receipt thereof.
II 044 FV,~ 241
9-7
' '·
...•. -----·----
(f) If an interim on-site water supply, treatment
and transmission facility is utilized to serve the
proposed project, it must be properly sized to supply
average and peak day domestic demand, in addition to
fire flow demand at a rate approved by the appropriate
Fire Control District servicing the project area.
(g) Construction and ownership of the water and
sewer facilities, including any proposed interim water
and/or sewage treatment facilities, shall be in
compliance with all Utilities Division Standards,
Policies, Ordinances, Practices, etc. in effect at the
time construction approval is requested.
(h) Detailed hydraulic design reports -covering
the water distribution and sewage collection and
transmission systems to serve the project must be
submitted with the construction documents for the
project. The reports shall list all design
assumptions, demand rates and other factors pertinent
to the system under consideration.
( i) When the County has the ability to provide
sewage treatment and disposal services, the Developer,
his assigns or successors will be responsible to
connect to these facilities at a point to be
established by the County, with the Developer assuming
all costs for the connection work to be performed.
2) The project's Developer ( s), his assigns or
successors shall construct and utilize an on-site
secondary distribution system for the use of
treated sewage effluent within the project limits,
for irrigation purposes for areas including but
not limited to the golf course, clubhouse, common
areas, rights-of-way, and sales center. The owner
would be responsible for providing all on-site
piping and pumping facilities from the County's
point of delivery to the project and will provide
full wet weather on-site storage facilities as
required by the Department of Environmental
Regulation consistent with the volume of treated
waste water to be utilized. Treated effluent will
be supplied to the project pursuant to the
County's established rate schedule. The secondary
distribution system shall be constructed pursuant
to the findings of a detailed hydraulic design
report. The report must be submitted with the
construction documents for the project. The
report shall list all design assumptions, demand
rates and other factors pertinent to the system
under consideration.
II 044 FASf 242
9-8
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3) Prior to approval of construction documents by the
Utilities Division, the Developer must present
verification, if required, pursuant to Chapter
367, Florida Statutes, that the Florida Public
Service Commission has granted territorial rights
to the Developer to provide interim sewer and/or
water service to the project until the County can
provide these services through its water and sewer
facilities.
4) The existing water mains adjacent to this project
will have to be reinforced, consistent with the
County's Water Master Plan to insure that the
water system can -·hydraulically provide a
sufficient quantity of water to meet the
anticipated demands of the project. Additionally,
the Utilities Division will not be in a position
to approve Certificates of Occupancy for the
project until the County's water transmission
facilities to serve North Naples have been
completed and placed into service and the system
reinforcement and on-site water distribution
facilities previously stipulated have been
completed and placed into service.
5) Any package plant needs DER approval. Any
establishment requ1ring a CCPHLLU permit must
submit plans for review and approval.
6) The Developer must meet the required ·..,ater flow,
which is a minimum of 750 GPM with a residual
pressure of 20 PSI at the remotest point of
discharge, assuming acceptable pressure and supply
at the main.
E) Exceptions to County Subdivision Regulations
1) Article X, Section 3: Buffer areas 3nd screening
shall be governed by this document as stated in
Section 9.02(F} (21) and 9.02(F) (22). The xeric
oak buffer contemplated by Section 9.02(F)(l6) of
this document may be part of the yard setback.
Upland buffers may be located within yards and
easements.
2) Article X, Section 19: Street name signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic
Control Devices. Street pavement painting,
striping and reflective edging requir~ments shall
be waived.
II U4 4 PA:.~ 243
9-9
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3)
4 )
Article XI, Section 17.F & G: Street right-of-way
and cross-sections for the roads shall be as shown
on Exhibit "C". *
Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be waived
if emergency access is provided as shown in
Exhibit "E".*
5) Article XI, Section 17.I: Back of curb radii at
street intersections shall be a minimum of 30 feet
internally, minimum 40 feet externally.*
6) Article XI, Section 17.K: The requirement for 100
feet tangent sections between reverse curves of
streets will be waived on all roads. Speed limit
control will be used to control traffic.*
7) Article XI, Section 21: The requirement for blank
utility casings shall be subject to installation
of utilities prior to construction of pavement and
base.
B) Article XI, Section 10: The requirement for
reference markers to be placed in water valve
covers is waived, provided all monuments are
installed in accordance with State statutes and
approval by the County Engineer.
9) Article X, Section 16: The requirements for side-
walks shall be waived. An 8' wide leisure path
will be used on one side of the main roadway as
shown in Exhibit "E •. *
*All streets must remain privately owned to
qualify for these exceptions.
F) Environmental Stipulations
1) Developer shall be subject to Ordinance 75-21 (or
the tree/vegetation removal ordinance in existence
at the time of permitting), requiring the
acquisition of a tree removal permit prior to any
land clearing. A site clearing plan shall be
submitted to the Development Services Department
and the Community Development Division for their
review and approval prior to any substantial work
on the site. This plan may be submitted in phases
to coincide with the development schedule. The
site clearing plan shall clearly depict how the
final site layout incorporates retained native
vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this
goal.
II\JJ44 PAGt244
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2)
3)
Native species shall be utilizedi where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted to the Development Services Department
and the Community Development Division for their
review and approval. This plan will depict the
incorporation of native species and their mix with
other species, if any. The goal of site
landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the
site during construction or due to past
activities.
All exotic plants, a~ -defined in the County Code,
shall be removed during each phase of construction
from development areas, open space areas, and
preserve areas. Following site development, a
maintenance program shall be implemented to
prevent re-invasion of the site by such exotic
species. This plan, which will describe control
techniques and inspection intervals, shall be
filed with and approved by the Development
Services Department and the Community Development
Division.
4) If during the course of site clearing, excavation,
or other constructional activities, an
archaeological or historical site, artifact, or
other indicator is discovered, all development at
that location shall be immediately stopped and the
Development Services Department notified.
Development will be suspended for a sufficient
length of time to enable the Development Services
Department or a designated consultant to assess
the find and determine the proper course of action
in regar.d to its salvageability. The Development
Services Department will respond to any such
notification in a timely and efficient manner so
as to provide only a minimal interruption to any
constructional activities.
5) An archaeological survey of the parcel must be
conducted by qualified personnel subject to the
approval of the Development Services Department.
Results of that survey must be submitted to the
Development Services Department for review and, if
warranted, additional actions taken as outlined
within Stipulation 4) above.
9-11
6)
7)
8)
9)
All xeric scrub oak and wetland. areas designated
as •conservation open space• ("C/O") shall be
habitat preserves. Any proposed alterations
and/or uses within habitat preserves shall be
subject to the review and approval of the
Development Services Department. Habitat Preserve
include~ the C/O easement which is within the
commercial ("C/R") tract. All C/O areas as
designated on the Master Plans must be flagged by
the Developer prior to any construction in the
abutting area and habitat preserve boundaries will
be subject to the review and approval of the
Development Services Department.
To increase lake productivity and habitat values,
lake side slopes will be 4: 1 out to a depth of
three (3) feet from mean low water levels.
Developer should investigate vegetuting littoral
shelf areas with various native plant species
(upon request, the Development Services Department
can provide pertinent information concerning plant
species) .
Developer shall design and implement a program to
prevent and/or reduce populations of noxious/
exotic plant populations within lakes,
specifically, but not limited to, preventing
growth of hydrilla (Hydrilla verticillata), water
hyacinth (Eichhornia crassipes), and (to a lesser
degree) cattails (Typha latifoliB:}; this program
will be subject to the review and approval of the
Development Services Department.
A survey for the presence and distribution of
protected species rnust be conducted by qualified
personnel subject to approval by the Development
Services Department. For species identified in
the Floridu Game and Fresh Water Fish Commission
July 1987 edition of "Official Lists of Endangered
and Potentially Endangered Fauna and Flora in
Florida," the survey must include: bald eagle
(Hal iaeetus leucocepha lus) , red cockaded
woodpecker (Picoides borealis), gopher tortoise
(Gopherus polyphemus), gopher frog (Rana areolata)
and eastern indigo snake ( Drymarchon. cora is
couper i) . Results of the survey must be made
available to the Development Services Department,
and, if warranted, project designs should be
adjusted and/or individuals/ populations relocated
to appropriate locations to insure the survival of
the protected species. Where appropriate,
retention or relocation efforts will include the
butterfly orchid (Encyclis tampensis). Lastly, 9. C44 FA~~ 246
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10)
11)
12)
the Developer shall satisfy all state (Florida
Game and Fresh Water Fish Commission) and federal
(United States F.lsh and Wildlife Service) permit
conditions concerning protected species.
If any redesign of Phase II, which is that portion
of the property located west of Vanderbilt Drive,
is required in order to meet the Florida Game and
Fresh Water Fish Commission's (FGFWFC) Bald Eagle
Management Plan, Developer shall propose such
changes as may be warranted to the Master
Development Plan. Boundaries for residential
Development Tracts and the location of internal
roads may be modified .and/or relocated. Such
changes may be approved by the Planning Services
Director (with advice and approval from the
Project Review Services Environmental staff)
without further approval by the Planning
Commission or Board of County Commissioners
provided that: ( i) the boundaries to the open
space/conservation tracts are not substantially
altered, (ii) the original development commitments
are met which includes no less upland area than
was originally preserved pursuant to the plan
attached as Exhibit A to Ordinance No. 87-77, and
(iii) external entrances are not modified.
Final alignment and configurations of water
management structures (lakes, swales, etc.) shall
be subject to minor field adjustments to minimize
habitat destruction. Prior to construction, areas
subject to alteration must be flagged by the
petitioner, the alignment/configurations to be
subject to the review and approval of the
Development Services Department.
'I'wo wildlife corridors must be provided a.cross
(east to west) the project parcel located west of
Vanderbilt Beach Drive. One corridor must connect
the central xeric live oak habitat with the
western, fringing watlands. The 75 feet northern
drainage easement will serve as the second
wildlife corridor. Except for land clearing
necessary for minor canal modifications to insure
proper water flow, reasonable golf course. passage
for hole #12, and human safety, all existing
native vegetation (trees and understory) will
remain intact along the w-idth of the easement;
additional width for the buffer is preferable and
strongly encouraged. Proposals for clearing of
any native vegetation will be subject to the
review and approval of the Development Services
Department.
II C44 rv~ 247
9-13
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13)
14)
15)
16)
The Developer and the Development Services
Department will cooperate on the final layout of
the golf course, resulting in a tree removal
program acceptable to both parties. Prior to
construction, golf holes will be field staked by
the Developer and subject to the review and
approval by the Development Services Department.
Developer should make reasonable field adjustments
of the course to minimize habitat destruction and
should follow xeriscape principles to reduce
environmental impacts. Particular attention is to
be paid to hole I 14 and 115 by the Developer to
minimize impacts on the scrub oak habitat to the
extent practical and ·consistent with good golf
course design.
As shown on the Master Plan, encroachment into
selected freshwater wetlands will be allowed to
facilitate the retention of additional acreage of
xeric live oak habitat. The Development Services
Department will support efforts to secure
necessary permits from other state and federal
agencies, i.e., permits which would allow
encroachment into the wetlands. If permits cannot
be procured from the necessary regulatory agencies
within a reasonable time to construct the project
as outlined in the Master Plan , the Developer and
the Development Services Department shall
cooperate to finalize all proposed development to
minimize environmental impacts, especially in the
xeric live oak habitats.
All housing development abutting the golf course
where there is no intervening upland conservation
tract or lake, will provide lot buffer zones to
protect and maintain the quality of existing
native vegetation between golf hole boundaries and
the housi11g unit. Lot buffers must be a minimum
of 20 feet and larger buffers should be encouraged
via deed restrictions.
Residents within xeric live oak habitats should
take special means to preserve existing plant and
animal communities (exclusive of venomous animals
or toxic plants). On single family lots within
the xeric live oak habitats, the architectural
review committee established by the developer will
require incorporation of reasonable amounts of
existing native vegetation into the site
landscaping plan. Deed restrictions shall promote
retention of existing plant and animal
communities, recommending the practice of
xeriscape landscaping.
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17)
18)
19)
20)
21)
Where applicable due to development, components of
plant communities will be transplanted within
preserve areas and/or as landscape elements within
the project. Examples of plant species
appropriate for transplant would include saba!
palms ( Sabal palmetto), wax myrtle ( Myr lea
cerifera) and c,omponents of the xeric live oak
communi ties including: oaks (Quercus spp. ) , wax
myrtle, rusty lyonia ( Lyoniaferruginea), and
gallberry (Ilex glabra).
For the buffer and preserve areas west of the
commercial tract (located adjacent and west of
U.S. 41), suitable -protection of the. buffer/
preserve areas will be provided by way of a fence,
curbing, landscape hedges, etc. Mode of
protection will correspond with specific
commercial facilities proposed for the area (i.e.,
shopping center vs. office building, etc.);
therefore, final mode(s) of protection will be
subject to the review and approval of the Natural
Resources Management Department.
For parking lots, golf cart pathways, and perhaps
certain roadways, Developer should investigate the
use of paver bricks in lieu of traditional asphalt
paving to reduce the amount of impervious
surfaces, chemical runoff, maintenance, and
possibly installation expenses.
For all of the stipulations above, mutual
agreements must be reached between the Development
Services Department and Developer If mutual
agreements cannot be reached, the matter will be
brought before the Environmental Advisory
Committee or whatever County environmental review
board is in power at the time of disputes; this
governing entity will act as an arbitrator for
disputes. If arbitration is futile, the matters
will be brought before the Board of County
Commissioners (BCC), the BCC to act as the final
arbitrator.
Should the South Florida Water Management District
(SFWMD), during its permit review process, require
a natural vegetative buffer be created between the
lots and any jurisdictional wetland Preserve
and/or Conservation tract, the buffer shall not be
located within the boundaries of the lot(s). It
shall be created as a separate platted tract or as
a buffer easement over an expanded limit of the
Preserve tracts, which would be dedicated as
Preserve/Drainage tracts, to include the buffer
I
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22)
23)
within the Preserve tract. If the buffer is
located within a separate tract, that tract shall
be dedicated on the plat to the project's
homeowners association or like entity for
ownership and maintenance responsibilities and if
necessary, to Collier County with no
responsibility for maintenance. All Preserve
buffer easements or buffer tracts shall be created
in conformance with the provisions of Chapter
704.06, Florida Statutes. If the SFWMD relieves
the County, in a manner satisfactory to the
County, of maintenance and enforcement
responsibilities, the buffer may be located on
lots and the following stipulation will apply in
place of the foregoing stipulation.
If (a) the SFWMD jurisdictional wetlands are
utilized as part of the pr.oject's water management
system, and (b) the SFWMD requires a natural
upland buffer adjacent to wetlands, the buffer
shall be included in the conservation tract or
otherwise protected in accordance with applicable
ordinances or regulations. If the buffer is
located within a separate tract, that tract shall
be dedicated on the plat to the project· s
homeowners association or other similar entity for
ownership, maintenance and enforcement
responsibilities with adequate safeguards to
ensure that those responsibilities run with the
land. If the buffer is located on lots of
development tracts, adequate safeguards shall be
established to provide for enforcement of
clearing/alteration restrictions, with adequate
safeguards to ensure that those responsibilities
run with the land, that are acceptable to the
SFWMD and Collier County.
Mitigation for the proposed impacts to 3.3+ acres
of wetlands designated, CO-R2 tract shall be xeric
live oak habitat unless other suitable mitigation
proposals are approved by the South Florida Water
M~nagement District (SFWMD). Said mitigation
shall comply with the mitigation ratios of SFWMD
and shall be contiguous to other xeric live oak
habitat, preferably the xeric live oak
conservation area comprising the Bald Eagle
Primary Protection Zone. This stipulation shall
be contingent on the petitioner obtaining the
necessary State and Federal permits and the upland
mitigation for wetland impacts being approved by
said agencies. A conservation easement shall be
placed over the mitigation area with protective
covenants as per Florida Statutes, Chapter 704.06.
9-16
Ill C44 FAr,~ 250
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24) A Florida Game and Fresh Water. Fish Commission
(FGFWFC) approved Bald Eagle Management Plan shall
be submitted to Project Review Services
Environmental staff, prior to construction plan
submittal or with the construction plan submittal
for those lands west of Vanderbilt Drive.
25) Final plat and construction plans for the portion
of the Property west of Vanderbilt Drive shall not
be accepted or reviewed until a letter of
technical assistance is provided to the county
from the Florida Game and Fresh Water Fish
Commission indicating that the proposed management
plan for the protection of the eagle is acceptable
to it. The area designated CO-R2 on the PUD
Master Plan may, at the Developer's option, be
excluded from the submittal for construction
plan/plat review of the remaining land west of
Vanderbilt Drive. Prior to submission of such
plans for the CO-R2 parcel it will be incumbent
upon the Developer of this tract to provide
assurance to the county that South Florida Water
Management District (SFWMD) permits and acceptable
mitigation to the SFWMD can be provided for in the
project prior to the issuance of any permits for
the CO-R2 tract.
26) Prior to construction plan approval petitioner
shall provide a fifty (50) foot conservation
easement along the common lot line of the R3/Rl
designated lots in the southwest corner of the
project master plan to act as a naturally
vegetated wildlife corridor between the centrally
located CO area and the west fringing wetlands.
27) No impacts to previously designated preserves,
conservation areas or conservation and open space
areas for the . proposed addition lake area ( s) or
relocation and reconfiguration of lakes shall be
permitted unless required to meet the m1n1mum
retention standards of the SFWMD and the Collier
County Excavation Ordinance or the lakes are
permitted by the SFWMD. Surplus lakes shall
occupy no greater surface area than the lakes in
the northwest corner shewn as A and B on the
master plan.
28) All previous environmentc::.l standards of PUD
Ordinance No. 87-12 shall continue to apply unless
specifically amended by this amendment.
29) The petitioner will cooperate with the Development
Services Department, Project Review Services to 9-· U44 PAGt 251
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RCCJ2440HS/070191JW
develop an "inter development" (i.e., Little
Hickory Shores, Bonita Shores, Lely Barefoot
Beach, Audubon) plan for boat traffic management
promoting the preservation of estuarine resources
affected by the subdivisions and their associated
boat traffic, if any future boat docking or
launching facilities are proposed.
a 044n·::252
9-18
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MASTER DEVELOPMENT PlAN Exhobot A
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Legal Description
)tAgal Descript'ion ot a parcel ot land located in the North 1/2 of!
nection 9, 'l'ownahip 48 south, Ranqe 2!5 East, Collier county,
lFlori4a, being 111ora particularly de•cribed a• followat
~l'hat portion of the North l/2 ot Section 9 'l'ownship 40 South,
nanga 2!5 East, Collier county, Florida, lying Westerly of u.s.
Uighway No. 41 (State Road No. 4!5) as the same is ahown on the
f;tata of Florida o.o.T. Right-ot-Way Map ot state Road No. 45,
<:ollier County, Florida, Section 03010-2319, Sheet 3 1 ot the Public
llecords of Collier County, Florida and lyinq Easterly ot County
ltoad No. 901 (Vanderbilt Drive), Col.lier county, Florida.
,., ·-''"' -~-··~···---------~ ··-
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Legal Oe.scrlptlo~
HMA ,,. Mo. Ita.''
11/l/17 •
Revls«d t/lt/U
Page 2 o! 5
A portion of Sections 5, 1 and a, Township 118 South, Range 25 East, Co liter
County 1 Florida, being more particularly described as follows:
Commenclng at the Southeast corner of Section 5, Township qa South, Range
25 East, Coll1er County, Florida: thence run South 89°59 1 22. 3" West along the
South line of said Section S 1 • so. 00 feet to a po(nt on the Westerly
rlght-of-way line of County Road 901, also known as Vanderbilt Ortve,
(formerly State Road S-865-A) and the POINT OF BEGINNING of lands herein
descrlbtd: thence run North 00°0zt't7" ifiest a_long sa1d Westerly rtght-of-way
tine of County Road 901, said rlght-or.:..way line being parallel to the East line
of the aforesaid Sectfon S, 2,088.011 feet to a point on the Easterly
prolongation of the South line of Unit No. 4, Bonita Shores, as recorded In
Plat Book 1 o, Page 33, of the Publtc Records of Collfer County, Florida:
thence run South 89°59 1 37" West along the Easter(y · prolongation and
aforementioned South llne of UnJt Ho. 14, 8onlta Shores, 2,003.71 feet to a
point of curvature of a curve concaved to the S~uth havtr.g a. central angle of
JS 0 57 100•, a radius of 50,00 feet; thence run Southwesterly along said curve
and along said South ltnu of Unit Ho. 14, Bonita Shores, 31.37 feet to a point
of reverse curvature of a curve concaved to the North having a central angle
cJf 35°571 00", a radius of 370.00 feet: thence run Southwesterly along said
curve and along the South line of said Unit No. 4, Bonita Shores, 232.16 feet
to a polnt of tangency: thence run South 89°59 137• West along said South of
llne UnJt No. Zl, Bonita Shores, 287.57 feet; thence run North 00°0S'S4• West
along the West line of said Unit No. It, Bonita Shores, said ftne being parallel .
to the North/South centerline of the aforementioned Section S, 130.00 feet to
the South rtght-of-way ltne of East Valley Drive and the South llne of Unit
No. 2, Bonita Shores, as recorded In Plat Book 3, Pag·e 143, satd -Publlc
Records of Collter County, Florida: thence run South 89°59'31• West along
said Sooth right-of-way ltne and sald South nne fJf Unit No. 2, Bonita
Shores, said nne being the Easterly prolongation of Det:d Book 41 I Page 3116,
said Public Records of Collier County, Florida: 80,00 r~et to a point on .the
Weste.-Jy rlght-Qf-way Jtne of West Avenue and the We5t line of the aforesaid
Oeed Book lt1, Page 345; thence run North 00°05 1 514• West along said Westerly
right-of-way ltne and West .ttne of said Deed Book Itt, Page 3~6, satd West.
right-of-way ·une being parallel to the North/South centerline of satd Section
5. 1150.00 feet to a point on the East/West centerline· of the aforementioned
• Sectlon·!, ·said point being JO. 00 feet West of the monumented center of sald
Section 5; thenci run North 00°0&1 41• West along the aforesaid Westerly
rfgf:st-of-way nne of West Avenue and along the West line of. Oeed Book •1,
Page Jq6, as recorded In safd Public Records of Collier County, Florida, :said
line being paralfel to the North/South centerline of_. said Section 5, lt1 o. oo feet
• to the Southeast corner of Lot 33, Unit No. 2. Uttle Hickory Shores, as
recorded In Ptat Book l, Page 79, said P\lbltc Records of Collier County,
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L~gal OucrlpUon
Flor:Jda: thence run ~uth 89°54'~3" W!!st along sald South line of satd Lot 33,
30.00 feet to the East ltne of a canal, said Unit No. l, Uttle Hlckory Shores;
thence run South 00°06qU • East along the East ltne or said canal, said East
line being parallel to the North/ South centerline of said Section 5, ~0. 00 feet
to the Southeast corner cf said canar and the South Jlne or the aforementioned
Unit No. 2, Uttle Hickory Shores: thence run South 89°58'~3" West along the
South line or said canal and the South line of the aforesaid Unit No. 2, UttJe
Hickory Shores, 1,356.21 feet to a point of lnterse<;tlon with the bulkhead line
as described tn Offlctal Record Book qa, Pages 158 and 159, said Publlc
Records of Col Iter County, Aorlda: thence run South 10°26 1 qJ" West along
said bulkhead llne 738. q5 'feet; thence run South 15°53'17 1 East along said
bulkhead 11ne for 2,112.58 feet to a point North 15°53'17 1 West distance 207.90
feet from 1 po1nt 920.00 feet West along the South line of said Section S from
the quarter section corner on said Jlne: thence run South 89° 58' q3• West
along said bulkhead ltne and parallel with and 200.00 feet North of satd South
llne for 363.86 feet; thence run North 15°53'17" West along said bulkh~ad llne
(or 1, 050.00 feet to a point of curvature; thence run Northwesterly, Westerly
and Southwesterly and Southeasterly along said bulkhead tine and along the
arc or a curvl! o~ radius 200.00 feet (chord bearing South 7Q 0 06'qJ" West) for
628.32 feet to a point of tangency; thence run South 15°53 117" East along said
bulkhead line 230 feel more or less to a point on the North shore of an Island
In Llttle Hickory Say; thence run Southwesterly and Southerly along the West
shore of said Island to a point on the South line of said SKtlon S '(Offlclal
Record Book 927, Page:s 188-190), 2,2~9.00 feet from tha quarter section
.c:.orner on said South line: thence run Southea:sterly, Easterly and
Northeasterly along the shore of said Island ln Sections 5 and a, Township U
South, . Range 25 East, Collier County, Florida, to the South line of said
Sectlon 5 at a pol nt 1, 75.3. 00 feet West of the Southeast corner of the
Southwest quarter of saJd Sectlon 5; thence run North 89°S8'1l3" East along
said South ltne of said Section 5, 31.71 feet; then\:& run South 31°35'13"
West, 305.29 feet (Official Record Book 791, Page 106); ·thence run North
8!1°06'57" West, 291 .. SS feet; thence run North 16°56'571 West to .1 pofnt on the
North 1Jn11· or Section I, Township .U South, Range 25 East, 2~0. -2 feet;
thence run South 19°58 143" West ;long said North Jlne of said Section a,
121.17 feet to a ·point of Intersection of said North Jtne of aforesaid SecUon a
with that certain agreed boundary IJne as recorded In Offlc:lal Record Book U
at Pages 235 to 250 lnc:lusive of the Public: Records of Col11er County, Florida;
~ence run South 00°01'52. a• East arong said agreed boundar:y line 121.61
feet: thenc:o r~n South 52°30'1 a. s• West along th• agreed boundary line,
1, 060. _, feet: thence run South 11 °59'23. 61 East along safd agreed boundary
line, 1 ,•U0.43 feet: thence run SQuth 58°58'q0.91 East along . said agreed
boundary line. 1,093.50 feet to a point 50.00 feet North (measured at right
angles) of the South Une of the Northwest quarter of said Section a. said
point being the most Westerly corner of Bay Forest as recorded In Plat Book
13, Pagu 27 through 29, of the Publlc: Records of Comer County, Florida:
thence run North 89°13'20 11 East along said boundary of Bay Forest, s.ald Jtne-·
being parallel to and so. 00 feet .North of the South Une of. aforesaid Northwest
•
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legal Cescrlptron
quarter of said S.ctlon 1, 1,988,86 feet to 1 point on the East line ot the
Northwest quarter of ntd Section S and on the West boundary of said Bay
Forest, said point being so. 00 feet North of the 5<)utheast corner of the
Northwest quarter of said Section I (center section); thence run North
ooo22'27" West along the aforementioned East ltne of the Northwest quarter
and along the West boundary of sal~ Bay Forest, 1 ,322. 29 feet to the
Northwest corner of the South half of the Northeast quarter of sald Section
· I, said Northwest corner being the most Northwesterly. corner of said Bay
Forest: thence run North 89°36 131" East along the North boundary line of said
Bay Forest and along the North Jtne of the South half of the Northeast
quarter of said • Section a, 2,.596.16 · feet to a PQint on the previously
mentioned Westerly right-or-way ltne of County· Road 901 (Vanderbilt Drive,
formerly State Road S-865-A): thence run North OO'l~~1 27• West, along said
Westerly right-of-way llno of aforesaid CAunty Road 901, 1,3511.59 feet to the ·
POINT OF BECINNINO.
.. Containing. 486 acres, more or less.
AND .
A• portion of the North half o( Section 9, Township !18 South, Range 25 East,
Collier County. Florida, betng more particularly described as follows:
That portion or the North half or Section 9, Township .118 South I Range 25
East, Collier County, Florida, lying Westerly of U.S. Highway No. IU (State
Road No. liS) as the same ts shown on th~ State of Florida o. a. T.
Rlght-of-way Map of State Road No. 115, Collier County·, Florida, Section
0301 0·2519, Sheet 3, of the Public Records of Col1ter County, Florida•, AHO
lying Easterly or County Road No. 901 (Vanderbilt Drive) I Collier County,
Florida. ·
Containing 273. G acres, more or Jess ..
All or the foregoing subJect to any dedtcaUons, ltrnltatlons, reservations,
restrlcUons, or easements or record •
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LESS AND EXCEP'.r FROM THE FOREGOING THE FOLLOWING LAND:
DESCRlP'l'ION OF LANDS SURVEYED
All that part ot the Northwest Quarter o! Section !, Township 48
south, Range 2! East, Collier County, Florida, beir.q more
particularly described as follows:
cownencing at the center oi said Section 5; thence South 89 degrees
32'00" Wast 30.00 teet to an intersection with the westerly right-
ot-way line ot West Avenue, said intersec~ion 'beinq tlle Point ot
Beqinning ot the parcel ot land herein being described;
thence North 0 deqrees.33 1 00". West along said westerly right-
ot-way line a distance ot 410.00 :eat to the southeast
property corner ot Lot 33 1 Block E, Little HickorJ Shores Unit
No •. 2, as recorded in Plat Boo)t 3 1 page 79, Collier ~ounty,
Florida;
·thence leaving said right-ot-way line South 89 degrees 32 1 00"
West along the southerly line ot. said Lot 33 a distance ot.
30.00 teet to an intersection with the easterly line-ot the
canal as shown on said plat;
thence South o d.egrees 33 1 OO" East along said canal 40.00
t.eet;
thence south 89 degrees 32 1 00" West aslong said canal 926.63
teet; ' ·
thence leavinq said canal South 10 d~qrees 33 '27" West 213.95.
!eat;
thence North 89 degrees 32 1 00" East 857.43 teet;
thence South 0 degrees 33 1 OO" East 160.00 teet;
thence North 89 degrees 32 1 00" _East 140.42 "f$et to the SPoint
ot. Beqinninq ot the parcel herein described;
containing 5.25 acres ot land more or less; .
• · subject to easements and restrictions ot record •
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STATE OF FLORIDA
COUNTY OF COLLIER
. I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier'c~unty, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 91-53
·which was adopted by the Board of County Commissioners on
the 25th day of June, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day ot July, 1991.
JAMES C. GILES .... ,
' ,·. '. • .. :. tJ Clerk of Courts and Clerk·.·.'· ....
Ex-officio to Board of ~·
County Commissioners .. ,
AP~~~
By: Is/Maureen :::en yo:-. · · .
Deputy Cle!'·!.:-· ..
'
II 04 4 PlS~ 263
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2-2
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
2.06 DEVELOPMENT OF PARCELS
* * * * *
LAND USE SCHEDULE
MAXIMUM NO. OF
APPROXIMATE DWELLING UNITS/
LAND USE TYPE ACREAGE COMMERCIAL SQUARE FEET
RESIDENTIAL
R-1 (Single-Family) 108.7 408*
R-2 (Villas) 43.6
R-3 (Multi-Family) 27.9 300
COMMERCIAL
CR Retail 12.4 124,000 or 128,400 sq. ft.
of floor area**
All acreages are approximate and may vary significantly to accommodate site conditions,
environmental permits, topography and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or
districts. There is no specific number of units allocated to either such use.
**PUD Tract CR, Commercial Retail Center, as identified on Exhibit A, Master Development Plan, is
platted as Tracts X, Y and Z, Audubon Commercial Center. The commercial sq. ft. of floor area may be
increased by 4,400 sq. ft. to 128,400 sq. ft. only if the platted Tract Y is developed as a furniture store, in
which case platted Tract Y will be allowed up to 65,000 sq. ft. Tract Y is limited to 60,000 sq. ft. if it is
not developed with a furniture store. Platted Tracts X and Z are not permitted to use the added 4,400
sq. ft. In the event that the furniture store is proposed to be converted to another use, any square
footage over 60,000 sq. ft. shall be subject to County review to determine consistency with Policy 5.3 of
the Future Land Use Element.
* * * * *
6-5
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
6.13 SQUARE FOOTAGE
Commercial development shall not exceed one hundred twenty-four thousand (124,000) square
feet of floor area. See SECTION 2.06 DEVELOPMENT OF PARCELS LAND USE SCHEDULE for
Commercial Development square footage requirements.
* * * * *
2-2
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
2.06 DEVELOPMENT OF PARCELS
* * * * *
LAND USE SCHEDULE
MAXIMUM NO. OF
APPROXIMATE DWELLING UNITS/
LAND USE TYPE ACREAGE COMMERCIAL SQUARE FEET
RESIDENTIAL
R-1 (Single-Family) 108.7 408*
R-2 (Villas) 43.6
R-3 (Multi-Family) 27.9 300
COMMERCIAL
CR Retail 12.4 124,000 or 128,400 sq. ft.
of floor area**
All acreages are approximate and may vary significantly to accommodate site conditions,
environmental permits, topography and existing native vegetation.
*There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or
districts. There is no specific number of units allocated to either such use.
**PUD Tract CR, Commercial Retail Center, as identified on Exhibit A, Master Development Plan, is
platted as Tracts X, Y and Z, Audubon Commercial Center. The commercial sq. ft. of floor area may be
increased by 4,400 sq. ft. to 128,400 sq. ft. only if the platted Tract Y is developed as a furniture store, in
which case platted Tract Y will be allowed up to 65,000 sq. ft. Tract Y is limited to 60,000 sq. ft. if it is
not developed with a furniture store. Platted Tracts X and Z are not permitted to use the added 4,400
sq. ft. In the event that the furniture store is proposed to be converted to another use, any square
footage over 60,000 sq. ft. shall be subject to County review to determine consistency with Policy 5.3 of
the Future Land Use Element.
* * * * *
6-5
Ordinance 91-53 – Audubon Country Club PUD
Audubon Country Club PUDA – Baer’s Furniture Expansion PL 20190000502 Revised: August 29, 2019
* * * * *
6.13 SQUARE FOOTAGE
See SECTION 2.06 DEVELOPMENT OF PARCELS LAND USE SCHEDULE for Commercial Development
square footage requirements.
* * * * *
P a g e 1 | 2
6610 Willow Park Drive, Suite 200, Naples, FL 34109 (O) 239-597-0575 (F) 597-0578
July 17, 2019
Subject: Neighborhood Information Meeting
Audubon Country Club Planned Unit Development Amendment (PUDA) Application –
Baer’s Furniture Expansion
(PL20190000502)
15485 Tamiami Trail N, Naples, FL 34110
Dear Property Owner:
Please be advised that a formal application has been submitted to Collier County seeking approval of a
request to amend the Audubon Country Club Planned Unit Development (PUD).
The subject property is located on a 4.2+/- acre single parcel of land (Property ID No.: 22493000080)
located south of the Audubon Blvd., and Tamiami Trail, N, intersection. This property is more specifically
designated as Tract “Y” of the Audubon Commercial Center Plat, which is part of the Audubon Country
Club PUD’s Commercial Retail Center (CR).
The Petitioner is asking the County to approve an amendment request that will increase the stated
maximum square footage of allowable commercial area from 124,000 square feet to 128,400 square feet
within the Audubon Country Club PUD’s Commercial Retail Center (CR) area. This revision along with 600
square feet of unused commercial area will allow for a proposed 5,000 SF expansion to the existing 60,000
SF commercial furniture store (Baer’s Furniture) located on TRACT Y within the CR area of the PUD.
In compliance with the Administrative Code for Land Development requirements, a Neighborhood
Information Meeting will be held to provide you an opportunity to become fully aware of the intended
development and to give you an opportunity to ask questions and provide input. The Neighborhood
Information Meeting will be held on Wednesday, August 7, 2019 at 5:30 pm. The meeting will be held at
the Grow Church, 15300 Tamiami Trail North, Naples, FL 34110.
Should you have questions prior to the meeting, please contact me.
Sincerely,
RWA, Inc.
Kenrick S. Gallander, AICP
Director of Planning
KSG/jee
P a g e 2 | 2
Project Location
15485 Tamiami Trail N, Naples
Folio #: 22493000080
Text of Ad: 07/18/2019
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980045
92 PARTNERS LLC 9015 STRADA STELL COURT SUITE 102 NAPLES, FL 34109---0 78544980090
ABRAMS, BURT J & FERN B 15271 DEVON GREEN LN NAPLES, FL 34110---7953 29855001206
ALL SEASONS IN NAPLES LLC 31731 NORTHWESTERN HWY # 250W FARMINGTON HILLS, MI 48334---1668 00142600009
ANDERSON, DANA L 15275 GREEN LANE NAPLES, FL 34110---0 29855001251
AUDUBON COUNTRY CLUB FOUNDATION INC 15725 TAMIAMI TRL N NAPLES, FL 34110---6246 22495501008
AUDUBON COUNTRY CLUB ASSOC INC 625 AUDUBON BLVD NAPLES, FL 34110---7939 22495500106
BABCOCK, KATHERINE P 15268 DEVON GREEN LN NAPLES, FL 34110---7952 29855000553
BAER'S FURNITURE CO INC 1589 NW 12TH AVE POMPANO BEACH, FL 33069---1730 22493000080
BEATTIE, JAMES T & SUSAN H 15264 DEVON GREEN LN NAPLES, FL 34110---0 29855000605
BRAUN, JOHN M & FAITH J 15256 DEVON GREEN LN NAPLES, FL 34110---7952 29855000702
CALDWELL, NICHOLS W & ARLENE L 15255 DEVON GREEN LN NAPLES, FL 34110---0 29855001002
CC-NAPLES INC CLASSIC BENTLEY VILLAGE % PO BOX 2196 CHICAGO, IL 60690---0 00143040008
CHRISTUS VICTOR LUTHERAN CH PO BOX 867 BONITA SPRINGS, FL 34133---867 00142640001
DANIEL T TOUW REVOCABLE TRUST 15276 DEVON GREEN LANE NAPLES, FL 34110---0 29855000456
DAVEY, ANN M 212 AARON SMITH DR BRIDGEPORT, WV 26330---0 29855000757
DEVON GREEN AT AUDUBON RESIDENTS ASSCOIATION INC % JACK P CITTADINE ESQ 15284 DEVON GREEN LN NAPLES, FL 34110---7952 29855000058
HARRISON TR, C RICHARD UTD 12/29/92 15279 DEVON GREEN LN NAPLES, FL 34110---7953 29855001303
JANICE F WAGNER TRUST 15259 DEVON GREEN LANE NAPLES, FL 34110---7953 29855001057
KANE FURNITURE CORPORATION 5700 70TH AVE N PINELLAS PARK, FL 33781---4238 78544980029
KERN, B SCOTT & AMY C 5362 WOLF ROAD ERIE, PA 16505---0 29855001154
LAND TRUST NO 12-02 1500 5TH AVE SOUTH #111 NAPLES, FL 34102---0 22493000048
LAWSON TR, MARTHA G UTD 2/2/96 15280 DEVON GREEN LN NAPLES, FL 34110---7952 29855000401
LCCN HOLDINGS INC 15300 N TAMIAMI TRAIL NAPLES, FL 34110---0 00143000006
MC HUGH, SUSAN H 15247 DEVON GREEN LN NAPLES, FL 34110---7953 29855000906
MORETTI, JOSEPH 15260 DEVON GREEN LN NAPLES, FL 34110---0 29855000650
PATRICIA C FRECHETTE REV TRUST 1886 SEVILLE BLVD UNIT 1621 NAPLES, FL 34109---3355 29855000951
PRESLEY TRUST 422-35 BOARDWALK DR TORONTO M4L 3Y8 CANADA 29855000854
REFERENCE ONLY TWO LAKES A COMMERCIAL CONDOMINIUM 00142760004
REICHERT, CAROLYN R 15248 DEVON GREEN LANE NAPLES, FL 34110---0 29855000809
RICHARD A SEDLAK REV TRUST 5729 LAKE BRIAR DR MILLSTADT, IL 62250---0 29855000508
STANGLMEIER, BERND 15263 DEVON GREEN LN NAPLES, FL 34110---7953 29855001109
SUMMIT CHURCH INC 9210 ESTERO PARK COMMONS BLVD UNIT 9 ESTERO, FL 33928---0 78544980142
TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00142960008
US41 INVESTMENT HOLDING CO LLC 2 BLOOR STREET WEST STE 2602 TORONTO M4W 3E2 CANADA 22493000129
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data.
The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20190000502 | Buffer: 500' | Date: 7/9/2019 | Site Location: 22493000080
POList_500_PL20190000502
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
Page 1 of 3
K:\2004\040009.00.02 Baer's Furniture\0004 Neighborhood Information Meeting\NIM\NIM Meeting Docs\Audubon CC PUDA Baer's Expansion - NIM Summary.docx
DATE: August 16, 2019
TO: Timothy Finn, AICP, Principal Planner
Collier County – Growth Management Department: Zoning Division
FROM: Kenrick S. Gallander, AICP
Director of Planning
RWA Engineering
PROJECT NAME: Audubon Country Club PUDA – Baer’s Furniture Expansion
(PL20190000502)
SUBJECT: Neighborhood Information Meeting – Summary
A Neighborhood Information Meeting (NIM) was held on August 7, 2019, at 5:30 pm at Grow Church, 15300
Tamiami Trail North, Naples, FL 34110
Attendees are as follows:
• Kenrick Gallander, Director of Planning – RWA Engineering: Applicant’s Agent
• Jane Eichhorn, Permitting Manager – RWA Engineering
• Timothy Finn, Principal Planner – Collier County
• Angela Goodner – Collier County: County Commissioner’s Office District #2
• Tom McIvor – Summit Management Group
• John Meehan – Audubon CC Foundation
• James Beattie – Devon Green Audubon
• Joseph Monetti – Devon Green Audubon
MEMORANDUM
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
Page 2 of 3
K:\2004\040009.00.02 Baer's Furniture\0004 Neighborhood Information Meeting\NIM\NIM Meeting Docs\Audubon CC PUDA Baer's Expansion - NIM Summary.docx
Summary (Started at 5:30 pm):
Mr. Gallander began the meeting introducing himself and providing an overview of the presentation. He explained
the background of the subject property detailing the location and relationship to the surrounding area as well as
the existing development on the property. He further detailed that this parcel is part of the Audubon Country
Club Planned Unit Development. Part of the Planned Unit Development is a Commercial Retail Tract and platted
with “Tracts X, Y, and Z”, to support the PUD’s allowable commercial/retail uses. Mr. Gallander further explained
the total allowable commercial square footage for this PUD within the commercial retail tract is 124,000 and
currently development with a total square footage of 123,400.
From there, Mr. Gallander detailed the request of the applicant, which is to expand the existing 60,000 square
foot furniture store on Tract Y of the overall Commercial Retail Tract by 5,000 square feet. With the existing
124,000 square foot limit and to allow for the more commercial area of 5,000 square feet, requires an amendment
to the Planned Unit Development. Mr. Gallander explained that the proposed expansion will be within the existing
building footprint as it is above the first floor of the furniture store. There is no expansion beyond the exterior
walls.
Then Mr. Gallander concluded that based on the findings and professional opinion, the proposed amendment to
allow for an additional 5,000 square feet of commercial area is appropriate for this Commercial Retail Tract as it
is consisted with the Growth Management Plan, land development code, and the public infrastructure exists to
support the expansion. In closing, Mr. Gallander explained at what stage the application was in the review process
and the next major steps will be hearings before the Planning Commission and Board of County Commissioners.
Mr. Gallander then opened the floor for questions/comments/input from those in attendance.
Questions/Comments asked or offered at the meeting:
Q/C: Is the space empty currently?
A: Mr. Gallander responded by showing on the presentation aerial and photo exhibits that the proposed
expansion area is open area and not currently enclosed.
Q/C: Is this petition going to change the use?
A: Mr. Gallander informed them that no, the commercial furniture store use will stay and the space will
be likely used for either showroom or administrative support area for the store.
Q/C: What is the existing space?
A: Mr. Gallander explained the existing space is an open area.
Q/C: Is the open area in the front or back of the building?
A: Mr. Gallander further explained through the aerial photo presentation exhibits the orientation of the
front of the building and the rear. This helped to show the area for expansion is located at the back of
the building over the first floor.
6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (239) 597-0575, fax: (239) 597-0578 • www.consult-rwa.com
Page 3 of 3
K:\2004\040009.00.02 Baer's Furniture\0004 Neighborhood Information Meeting\NIM\NIM Meeting Docs\Audubon CC PUDA Baer's Expansion - NIM Summary.docx
Q/C: They certainly want the store to stay open and don’t want a big empty store. They are happy with
the furniture store and it employs a lot of people and want it to be successful.
Q/C: Is there anything you can do about the noise behind the building? We live right behind the building
and some days it is very loud.
A: Mr. Gallander explained that through this application for amending the PUD for commercial uses is
beyond the scope of being able to address the deliveries and activities currently occurring and allowed to
occur at the commercial uses, he would relay the comment/concern to the owner.
Q/C: Will the neighbors be notified for the Public Hearings?
A: Yes.
Q/C: Will the furniture store get two floors of use after this addition.
A: Mr. Gallander explained that there is currently an existing second floor/mezzanine area. The expansion
area will further add to this second-floor area.
Q/C: When will the construction start?
A: To the best of his knowledge, Mr. Gallander indicated that once the zoning petition is approved, the
applicant will need to submit for a Site Development Plan Amendment. That process will take
approximately 8-10 months to approve at most. Construction would happen sometime after the SDPA
approval.
Q/C: The sooner the construction the better.
Q/C: Can you ask the owner if the dumpster pickup can be a little later in the morning. Like around
9:00am? It’s too early.
A: Mr. Gallander stated that he would certainly pose that request to the owner.
Q/C: We don’t want the store to close. It is a positive to our community.
Since there were no further questions or comments, Mr. Gallander thanked everyone, and he concluded the
meeting.
No commitments were made during the meeting.
The meeting adjourned around 6:00 p.m.