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HEX Agenda 02/25/2021Collier County Hearing Examiner Page 1 Printed 2/18/2021 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 February 25, 2021 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Alexandra.Casanova@colliercountyfl.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. February 2021 Collier County Hearing Examiner Page 2 Printed 2/18/2021 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. PL20200001982 VA - Request for an after-the-fact 2.2-foot variance from the required 3-foot rear yard setback for pools and spas adjacent to open space as provided for in the Parklands Planned Unit Development (PUD) Zoning District. The request is to allow the pool at 0.8 feet from the rear property line located at Lot 119, Parklands - Plat One, AKA: 4121 Amelia Way, in Section 09, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 3 B. PETITION NO. PL202000001934 ABW - Bayshore Wine and Food Venue-The applicant requests that the Hearing Examiner consider a minimum distance waiver pursuant to Section 5.05.01.A.6. of the Land Development Code for an establishment to be known as the Bayshore Wine and Food Venue that seeks to sell alcohol for consumption on-site with a minimum separation distance of less than 500 feet from an existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site and two churches. [Coordinator: Nancy Gundlach, Principal Planner] Commissioner District 4. 4. Other Business 5. Public Comments 6. Adjourn 02/25/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: PETITION NO. PL20200001982 VA - Request for an after-the-fact 2.2-foot variance from the required 3-foot rear yard setback for pools and spas adjacent to open space as provided for in the Parklands Planned Unit Development (PUD) Zoning District. The request is to allow the pool at 0.8 feet from the rear property line located at Lot 119, Parklands - Plat One, AKA: 4121 Amelia Way, in Section 09, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 3 Meeting Date: 02/25/2021 Prepared by: Title: Planner – Zoning Name: John Kelly 02/03/2021 6:30 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/03/2021 6:30 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 02/03/2021 6:33 PM Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/08/2021 10:30 AM Zoning Ray Bellows Review Item Completed 02/08/2021 11:36 AM Zoning Anita Jenkins Review Item Completed 02/08/2021 5:37 PM Hearing Examiner Andrew Dickman Meeting Pending 02/25/2021 9:00 AM 3.A Packet Pg. 3 VA-PL20200001982; 4121 Amelia Way Page 1 of 6 01/29/2021 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: FEBRUARY 25, 2021 SUBJECT: PETITION VA-PL20200001982; 4121 AMELIA WAY - VARIANCE _____________________________________________________________________________ PROPERTY OWNER/APPLICANT: Eitan and Patricia May Waxman 4121 Amelia Way Naples, FL 34119 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for an after-the-fact variance from Exhibit B of Ordinance 12-30, as amended, the Parklands RPUD, to reduce the rear yard setback, for pools and spas adjacent to open space, from 0.8 feet for an existing pool that is accessory to a single-family residence at the subject location. GEOGRAPHIC LOCATION: The subject property is located at 4121 Amelia Way and is legally recognized as Lot 119, Parklands – Plat One, in Section 09, Township 48 South, Range 26 East, Collier County, Florida, consisting of 0.18 acres (See location map below). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks a Variance to allow for the continued existence of a pool that was constructed in accord with an approved Collier County Building Permit, No. PRBD20200625789. Records reveal the permit was applied for on June 26, 2020 and issued, following completion of the review process, on July 8, 2020. Zoning Services Staff has reviewed the permit file and believes the permit was issued in error as the approved site plan shows the proposed pool to be 9 inches (0.75 feet) from the rear property line whereas the RPUD development regulations require a 3-foot rear yard setback for pools and spas adjacent to open space; said 3.0 rear yard setback was also printed on the issued permit. The property owner was first alerted to the setback problem when their contractor presented an As-Built Survey to the County, upon completion of construction, revealing the pool was constructed 0.8 feet from the rear property line, 2.2 feet shy of the required 3.0 feet. 3.A.a Packet Pg. 4 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) VA-PL20200001982; 4121 Amelia Way Page 2 of 6 01/29/2021 3.A.a Packet Pg. 5 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) VA-PL20200001982; 4121 Amelia Way Page 3 of 6 01/29/2021 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: Lake / Lake Maintenance Easement as per the Parklands RPUD Master Plan South: Amelia Way (Right-of-Way) then a single-family residence located within the Parklands RPUD East: Single-family residence within the Parklands RPUD West: Single-family residence within the Parklands RPUD Collier County GIS 3.A.a Packet Pg. 6 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) VA-PL20200001982; 4121 Amelia Way Page 4 of 6 01/29/2021 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban, Urban Residential Subdistrict, on the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No; however, the subject property does abut a lake and therefor does qualify for the “Rear Yard Setback, Pools and Spas adjacent to Open Space” RPUD development standard for single-family detached dwellings. b. Are there special conditions and circumstances, which d o not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the applicant’s pool contractor submitted a site plan to Collier County as part of the building permit process and said site plan was approved despite depicting a 9-inch (0.75- foot) separation from the rear property line. Had the setback issue been caught prior to construction of the pool the pool could have been redesigned to comply with the required setback. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, modifying the existing pool to comply with the required setback would be cost prohibitive. The requested variance is needed to bring the existing pool into compliance with setback requirements and will further allow for the residence to maintain a clear title in the event of sale. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the Variance, if granted, is the minimum required to accommodate the existing pool. Additionally, the pool may be enclosed at a later time as the RPUD development standards allow for a zero setback for screen enclosures adjacent to open space. e. Will granting the Variance confer on the applicant any special privilege that is denied 3.A.a Packet Pg. 7 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) VA-PL20200001982; 4121 Amelia Way Page 5 of 6 01/29/2021 by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the n eighborhood, or otherwise detrimental to the public welfare? Yes, the general purpose and intent of the LDC for residential single-family zoned districts is to promote lands for single-family housing in areas of low density. The requested Variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, the rear of the subject property abuts a lake/open space. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. The subject property comprises 0.18 acres located within the Parklands Residential Planned Unit Development (RPUD), as per Ordinance 12-30, as amended, which is within the corresponding Parklands Development of Regional Impact (DRI). Collier County records reveal the subject property is improved with a 1-story single-family residence constructed in 2017. The petitioner purchased the property in 2019 and shortly thereafter retained a pool contractor to satisfy permitting requirements for the construction of a pool to the rear of the residence. A building permit, No. PRBD20200625789, was applied for on June 26, 2020 at which time plans were provided to the County for review and approval purposes. Said plans were approved by the County on July 7, 2020, and the permit was subsequently issued on July 8, 2020. Upon completion of construction, an As-Built Survey was provided to the County to demonstrate compliance with setback requirements. It was at this time County Staff first recognized there was an issue with the rear yard setback; a condition that was then made known to the petitioner/property owner. The petitioner, to retain and maintain the already constructed pool, then filed an application seeking an after-the-fact Variance for the subject pool. Zoning Staff has since obtained the building permit file and was able to determine that despite the printed permit stating that the rear yard setback for the pool is 3 feet, the plans submitted for review clearly demonstrate that the pool is 9 inches (0.75 feet) from the rear property line. Given that the Parklands RPUD development standards state that 3.A.a Packet Pg. 8 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) VA-PL20200001982; 4121 Amelia Way Page 6 of 6 01/29/2021 the rear yard setback for pools and spas adjacent to open space is 3 feet, Zoning Services Staff must conclude that the building permit for the pool was issued in error as the pool was constructed in accord with the approved site plan. A 2.2-foot after-the-fact Variance is required to reduce the rear yard setback for pools and spas adjacent to open space to 0.8 feet thereby allowing for the continued existence of the subject pool. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition VA- PL20200001982, to reduce the minimum rear yard setback, pools, and spas adjacent to open space, from 3 feet to 0.8 feet to allow for the continued existence of an existing pool. As a condition of approval, the applicant must satisfy all requirements of Building Permit No. PRBD20200625789 and obtain a Certificate of Occupancy/Completion. Attachments: A. Survey and Public Hearing Sign Posting B. HEX No. 2014-24 and Ordinance No. 12-30 C. File – Building Permit PRBD20200625789 D. Applicant’s Backup; Application, Narrative, Authorizations, etc. 3.A.a Packet Pg. 9 Attachment: VA-PL20200001982 Staff Report 012921 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.bPacket Pg. 10Attachment: Attachment A - Survey and Sign Posting (14943 : PL20200001982 VA - 4121 Amelia Way - 3.A.bPacket Pg. 11Attachment: Attachment A - Survey and Sign Posting (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.bPacket Pg. 12Attachment: Attachment A - Survey and Sign Posting (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.bPacket Pg. 13Attachment: Attachment A - Survey and Sign Posting (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.c Packet Pg. 14 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.c Packet Pg. 15 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.c Packet Pg. 16 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.c Packet Pg. 17 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.c Packet Pg. 18 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 201 By , I ORDINANCE NO. 12-30 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PARKLANDS RPUD, TO CHAN E THE PUD BY REDUCING THE RESIDENTIAL DWELLING U14ITS FROM 1603 DWELLING UNITS TO 850 RESIDENTIAL DWELLING - m UNITS, INCREASING THE PRESERVE TO 341 ACRES, DELETING co .— GOLF COURSES AS A PERMITTED USE, REVISING DEVELOPMNT o STANDARDS, REQUESTING DEVIATIONS FROM THE L 103 --- DEVELOPMENT CODE, AND ELIMINATING A 7.23± ACRE PARIN w— PROPERTY LOCATED EAST OF QUAIL WEST AND SOUTH OF T- 1- LEE-COLLIER LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RAI 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 642.34+/- ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 03-42; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners approved Ordinance No. 2003-42, the Parklands PUD on September 9, 2003; and WHEREAS, County staff approved a minor amendment to the PUD on October 25, 2005 to relocate an internal roadway; and WHEREAS, Bruce Anderson, Esquire of Roetzel & Andress and Robert Duane, AICP of Hole Montes, representing Parklands Associates I, LLLP, petitioned the Board of County Commissioners to change the PUD by reducing the residential dwelling units from 1603 dwelling units to 850 residential dwelling units, increasing the preserve to 341± acres, deleting golf courses as a permitted use, revising development standards, requesting deviations from the Land Development Code, and eliminating a 7.23± acre park. Parklands PUDA\PL2010-1551 Rev. 07/02/12 1 of 3 3.A.c Packet Pg. 19 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 9, Township 48 South, Range 26 East, Collier County, Florida is changed from a Planned Unit Development zoning district to a Residential Planned Unit Development (RPUD) for a project to be known as the Parklands RPUD, to allow construction of a maximum of 850 residential dwelling units in accordance with the Parklands RPUD document, attached hereto as Exhibits A" through "F", and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No. 03-42 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this a filday of 11.) i y , 2012. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT'' a' zB)FLERK COLLIER COUNTY, FLORIDA i, atteit-is- Irk i ' FRED W. COYLE, C rman Approved as to-form and legal sufficiency: J This ordinance filed with the JI (Jo .-12 Secretary of State's Office the 0( 3 'day of;0614 , Heidi Ashton-Cicko and acknowledgement of that 2ManagingAssistantCountyAttorneyfilireceivedthisJ' dcy of B I Parklands PUDA\PL2010-1551 Deputy coyev. 07/02/12 2 of 3 3.A.c Packet Pg. 20 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C — Master Plan Exhibit C-1 —Boundary Marker and Project Entrance Signs Exhibit C-2 —Typical Roadway Sections Exhibit C-3 - Logan Boulevard North Sections Exhibit D—Legal Description Exhibit E—List of Deviations Exhibit F— Developer Commitments CP\11-CPS-01080\75 Parklands PUDA\PL2010-1551 Rev. 07/02/12 3 of 3 3.A.c Packet Pg. 21 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) EXHIBIT A PERMITTED USES THE PARKLANDS RPUD 1. GENERAL USES PERMITTED THROUGHOUT THE RPUD EXCEPT IN THE PRESERVE AREA (P) A. Permitted Principal Uses: 1. Agricultural uses including related accessory uses and structures. Agricultural uses in any particular tract shall be completely terminated prior to the issuance of any residential building permits for that area. 2. Water management facilities and related structures including lakes with or without bulkheads or other architectural or structural bank treatments. 3. Playgrounds, playfields, lakes, commonly owned open space, and pedestrian sidewalks/bikepaths. 4. Model homes and sales centers. 5. Guardhouses, gatehouses, and access control structures (located outside the Logan Boulevard North ROW). 6. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Utility storage buildings, irrigation water and effluent storage tanks and ponds, all to serve the RPUD. 2. Signs, as permitted by the LDC provisions in effect at the time building permits are requested with deviations as stated in Exhibit E of this Ordinance. 3. Open space uses and structures including, but not limited to nature trails, riding trails, fitness trails and shelters, boardwalks, gazebos and picnic areas. 4. Docks, piers and the like, for residential use constructed for purposes of lake recreation for residents of the project. Page 1 of 20 1-1:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 22 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 5. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 2. RESIDENTIAL(R) A. Permitted Principal Uses 1. Single-family detached dwellings. 2. Single-family zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multi-family dwellings. 6. Model homes conforming to housing types described in 2.A.1 through 2.A.5 above. 7. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Customary accessory uses and structure, including but not limited to private garages and swimming pools, spas, screen enclosures, gazebos, and recreational facilities designed to serve the development. 2. Signs as permitted by the LDC provisions in effect at the time building permits are requested including the standards of Exhibits B and E of this Ordinance. 3. Common area recreation and utility facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. C. Density 1. A maximum number of 850 dwelling units may be constructed as set forth in the Development Standards Table. Page 2 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 23 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 2. Single-family housing types may be mixed within the model home row area (only). This means that a single-family detached (zero-lot-line and non-zero-lot-line) and single-family attached, may be on adjoining lots provided that each housing type meets applicable development standards specified in Exhibit B. Single-family and multi-family housing types may not be mixed on the same platted tract. The setbacks between mixed housing types shall be the most restrictive, i.e., the housing type requiring the largest setback. 3. RECREATION SITE(RS) A. Permitted Principal Uses 1. Community center/clubhouse with dining facilities, health spas, tennis club and other recreational facilities intended primarily to serve the RPUD residents and guests. The developer shall commence construction of the community center/clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250th dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. Commercial/retail establishments including tennis equipment sales, gift shops, restaurants, cocktail lounges and similar uses intended primarily to serve the RPUD residents and guests. 3. Maintenance and storage buildings. 4. Any other principal use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. B. Permitted Accessory Uses 1. Parks, tennis courts, shuffleboard courts, volleyball courts, tot lots and other facilities for outdoor recreation. 2. Customary accessory uses and structures incidental to recreational areas and/or facilities, and structures constructed for the purposes of maintenance, storage, or shelter with appropriate screening and landscaping. 3. Any other accessory use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. Page 3 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 24 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 4. PRESERVE (P) A. Any uses permitted in preserve areas by LDC 3.05.07.H.1.h in effect at the time of RPUD approval. B. Any other use which is comparable in nature with the foregoing uses, and is approved through the process set forth in the LDC at the time of the request for such use. 5. SCHOOL SITE (S) A. Permitted Principal Uses 1. No uses other than a public elementary school shall be allowed on the School Site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. If so waived, any of the principal and accessory general and residential uses permitted in the RPUD are also permitted on the School Site. This restriction may be recorded in the public records and shall be included in the deed to the School Board. B. Permitted Accessory Uses 1. Access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. 6. OPEN SPACE/BUFFERS (OS/B) A. The perimeter buffer along the western property line shall be 35 feet in width and may be located within the area previously conveyed to Collier County as right of way (60 feet in width) and subsequently conveyed back by Collier County (per O.R. Book 3603, Page 858). The portion of the perimeter buffer located along the northern property line adjacent to the development area shall be 35 feet in width. The southern, northern and eastern perimeters that are contained in the preserve area shall be deemed to satisfy the LDC requirements for buffers along these perimeters. B. A final determination shall be made of the type of buffers required at the time of SDP or plat approval based on the adjacent land uses. 7. PRESERVE BUFFERS (PB) A. Preserve buffers are intended to buffer and protect the large preserve areas from impacts associated with The Parklands development and Logan Boulevard North. Page 4 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 25 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) B. In addition to uses permitted in LDC 3.05.07.H.1.h, developer may supplement existing native vegetation with landscape features, buffers, berms and native landscaping materials. 8. LAKES (L) A. If requested by the developer, the minimum lake setback to right-of-way, road access easement, or external property line, including those adjacent to Logan Boulevard North, shall be reduced to a minimum of twenty (20) feet if the right- of-way or roadway access easement is protected in the vicinity of the lake by a guardrail and landscaping. Notwithstanding the foregoing, this provision does not operate as a waiver of the Collier County Code of Laws and Ordinances. 9. SIGNAGE A. Boundary Markers: Two boundary markers or monuments may be located at the project development area, adjacent to Logan Boulevard North right-of-way (see Exhibit C-1). Refer to new Deviations Nos. 3, 5 and 8 in Exhibit E. B. Project Entrance Signs: Two ground or wall-mounted Parcel Entrance Signs may be located at the main entrance of the RPUD on Logan Boulevard North (see Exhibit C-1). Refer to Deviations Nos. 3, 4, 5 and 8 in Exhibit E. 10. CROSS SECTIONS A.See Exhibit C-2 typical roadway cross sections and Exhibit C-3, Logan Boulevard North cross sections. Refer to Deviations Nos. 10, 11, 12 and 13 in Exhibit E. Page 5 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 26 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) EXHIBIT B DEVELOPMENT STANDARDS THE PARKLANDS RPUD PERMITTED USES Single-Zero Two Family Single- Multi- Model Guard Preserve Recreation AND STANDARDS Family Lot Duplex Family Family Homes Gate Area Site Detached Line R) Attached/ Dwellings (R) House Structure (RS) R) R) Townhouse (except ROWs) (P) more than 2 Townhouse) units) R) Minimum Lot Area 5,000 SF•' 4,000 SF" 3,500SF9•2'10 3,500 SF•1•2'10 9,000 SF" •5 N/A N/A 1 acre Minimum Lot Width"50' 40' 35'*10 35'*10 90' 5 N/A N/A 100' Minimum Lot Depth 100' 100' 100' 100' 100' 5 N/A N/A 100' Front Yard Setbacks 20'•4 20'•4 20'•4 20'•4 N/A 5 6 N/A 25' Front Yard Accessory 20' 20' 20' N/A 5 6 N/A 10' Setbacks 20' Side Yard Setbacks 6' 0'or 10 7.5' 7.5' N/A 5 6 N/A 10' Side Yard Accessory Setbacks S,P.S.•9 S.P.S. S.P.S.•9 9 S.P.S.•9 N/A 5 6 10' Rear Yard Setbacks 15' 15' 15' 15' N/A 5 6 N/A 10' Rear Yard Accessory setbacks 5' 5' 5' 5' N/A 5 6 N/A 10' Maximum Building 2 stories 2 stories 2 stories not 2 stories not 2 stories not 2 stories 2 stories Height not to not to to exceed to exceed to exceed not to not to exceed exceed 30' 30' 50' exceed exceed Zoned 30' 30' 40' 40' 60' 5 30' 25' 35' Actual 40' 40' 5 40' 35' 50' Distance Between Principal&Accessory 10' 10' 10' 10' 20'•7 5 N/A N/A 10' Structures Distance Between 10'0'or 10' 15' 15' 30' 5 N/A N/A 10' Principal Structures Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF 5 N/A N/A N/A Setbacks from Preserve Areas— 25' 25' 25' 25' 25' 5 25' N/A 25' Principal Structures" Setbacks from Preserve Areas— 10' 10' 10' 10' 10' 5 10' N/A 10' Accessory Structures Setback from Tract N/A N/A N/A N/A 25'*I2 N/A N/A 10'•8 25' Boundary Setback from Internal N/A N/A N/A N/A 20' N/A N/A N/A N/A Drives or Travelways See footnotes on Page 7 of 20) Page 6 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 27 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 1 SF refers to square feet.All other measurements are in linear feet. 2 3,500 SF of lot area per dwelling unit. 3 Minimum lot width may be reduced by 20%for cul-de-sac lots provided the minimum lot area requirement is maintained. 4 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. lithe parcel is served by a private road,setback is measured from the back of curb or edge of pavement(if not curbed). C. If the parcel has private road frontage on two sides,the setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. D. The garage must be setback a minimum of 23 feet for front-entry and 15 feet for side entry. 5 Same as Residential Zoning District where model home is located. 6 Minimum 5'from road edge of pavement or back of curb and minimum 15'from Logan Boulevard North ROW line. 7 May be reduced to 10'between multi-family buildings and garages. 8 Not applicable to boardwalks which may be constructed up to the preserve tract boundary. 9 S.P.S.means same as principal structure. 10 Per unit. 11 Maximum of ten(10)units attached in one building. 12 The perimeter buffer will not be located within the 25'setback or will be located outside of the tract boundary. Page 7 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551 (6-26-2012).doc 3.A.c Packet Pg. 28 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) O I M r 11.,1 Z W VI W wogggmIgsgI 5w «or2 _ ^ ni Q N g lad ze i g N< r" ; 2 1S Q ' gQG66 < ` t g LL ¢V ii OWalFLr' J s! Q znnnwnIm H 1 -a O< ? ,,...2 W 2 W Q6J61OL>'¢ W • Z mf.7 0..a J 2@ILL1cim/ y;O _N gVl my J =ai w 6 ig f 8l a iY ` LL H W b3 Z JO J QN > J yy W LL O ! i C O>Vi i W[ yJJ`• x Z u¢u11 WC F v F ` yOOZ u yyGj y j ; F i !I N Z 9` U 1¢O N N j ¢ {.,i' 6 53 , n a; ,?. W W Up a U§p., WE l g 3 00L y2 N 1` 0 0 0 0k i< g illi- acw-iosvan, l i E W illa< I g E3 m and Z W 6 K Um 1_ _ S0.a h,?;. X W a L"fl i: W v 8 A CO 0 In .!)01 QKi ; k "`.,,, yam%µµ jj h\ y, IP i0. W 1, " Z,\,+a "' '''' Ski- 1,,,, 4° 1 ';.,.,'N \.- 0 / FF0 CW7 , O 4' V' , r a Sys ii,p, g5 St de A a arM` a 0 ,. @ y Y d q. f41/44 u. K K,.5 S rll y S C oq t e t 9 F 1 jai and>.sam-vent)i i I Page 8 of 20 H.\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551 (6-26-2012).doc3.A.cPacket Pg. 29Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - 1'__` c7-j 1 .---__ _--, k \.,/,,,„„)s...........____„.._ -,., 1 (11 QL,..,t,J W_ i--.,.1 -• N-;57.--er-2---)\ \ r l\ J W yWJ \\ J J Y l l C- N\ i"'' 2 AE I z I 1.:,..% d II! . II I ! i 11 1 W4 'al ell ° ° 1 4 ',r .k W wb I r '% i s AIL m hi 'Irt 7 q li, ill' ill a 1 I 9. W§_ s 1 9 JD Ili"1 3g I 9i u A s.,/ii7 t 6. bill II ...k V 11' rg l RE/SED 07/2011 REM9ONS POI OWNER o,oa.'' 11 ''''.....71.". i . 0- - 1"arKlands Co111er .. o-. _.. - V LVMEC o--- by O.LHomes I t 1 1 Conhr County, Florida LANDSCAPE ARCHITECTURE J wag.J 2i9 EXHIBIT "C-1” Page 9 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc3.A.cPacket Pg. 30Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - I 60'RIGHT-OF-WAY I1' 5' 7' 2' 4' II'MIN. 11'MIN. 4' 2' 7' 5' 1' CCNC.1 BIKE BIKE It CONC. I S/W I (OPT.) 1 op S/W I MILT r ...A.11/11... SEWAGE FORCE MAIN IRRIG. MAN--O GRA\. u CONC.VALLEY GUTTER OR 9ANITARY SEWER WATER MAIN CURB S CUTTER(TYPICAL)1 1/2'AC WEARING COURSE 12'THICK(MIN.)STABIIJZED- (TYPE S-IM) SUBGRADE.(LBR 40) —6'THICK(MN.)COMPACTED UMEROCK INTERIOR ROAD SECTION (60' R.O.W.) 50'RIGHT-OF-WAY I 4' 5' 4' 2' 10• 10' 2' 4' 6' 4' I NOTEI s CONC. sA1 MINOR DETAILS OF ROAD SECTIONSI I AND U11UTY PLACEMENT SUBJECT SEwAaE 02 TO CHANGES IN ANAL DESIGN FORCE MAIN N, IRRIG. MAIN-0 GRANTY m CONC, VALLEY GUTTER OR SANITARY WATER MAINSEYA7t CURB k GUTTER(TYPICAL) 1/2"AC WEARING2 12'THICK(WIN.)STABILIZED CO 1 1 URSE(TYPE S-III) O SuBORADE,(LBR 40) 6'THICK(MIN.)CCAPACTED UMEROCK E INTERIOR ROAD SECTION (50' R.O.W.) 0 40'RIGHT-OF-WAY N d 2' 10' I 10' 2' 3' 5' N I gam. ONE SIDE ONLY) c I IzDe/. o2ett 3 esmorw .ramrmid — KY FORCE MAIN/__ZIRRIG.MAIN---0 GRAMTY a e OSANITARY WATER MAINCONK.VALLEY GUTTER OR SEWER CURB&GUTTER(TYPICAL) 1 1/2'AC WEARING 12'THICK(MIN.)STABIUZED COURSE(TYPE S-e)2 SUBGRADE, (LBR 40) 6'"NICK DAN.)COMPACTED LIMEROCK T INTERIOR ROAD SECTION (40' R.O.W.) U r.6 LX.'SIDEWA TYPICAL 4 ONE SIDE ONLY 1ZR/W UNE-FOR 40'R/W) 1 NR 20'8 2'MADE VALLEY 15 U.E. , GUTTER t R/W UNE30'R IO S 50'R.O.W. —r b 4 N 3 n 1d U.E. 6O'R 4'R / / Cm R/W LNE — I ——— — \ 6'WIDE CONCRETE 2'WADE CONC. VALLEY GUTTER- SIDEWALK OR CURB S GUTTER(TYPICAL) cs 8 CUL-DE-SAC DIMENSIONING 5 2 0 N REVISED 11/2011 LOGAN BLVD. SECTION REMOVED & DEPICTED ON NEW EXH. C-3 REVISED 07/2011 CUL-DE-SAC DIMENSIONS AND RISC. 950 Encore Way THE PARKLANDSNaples, FL 34110 Phone: (239) 254-2000 Typical Internal Roadway Sections & DetailsoFloridaCertificateof DOERS AMIERS.SURIENRS Authorization No.1772 EXHIBIT C-2 Page 10 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 31 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) TF[PAW4At0l 80'RIGHT-OF-WAY DEVEI.E771T AIEA 40' 40' VARIES 10'8' 12' 8' 8' 12' -25.-35')1-P11121EME 1IMOLT-USE PATH ASPHALT) I EXIST. I GRADE WATER EXIST. GRADE MAIN LEFT TURN LANE 0—IRRIGATION MAIN IF REO'D FOR SECONDENTRANCE AI I IFRAEE COUNTY LINE TO THE PARKLANDS MAIN ENTRANCE FIST LK OF I BO RIGHT-OF-'WAY 2E01101 le F 40' 40' 12' 4' 2' I 12' 12' I MULn-USE I I PATH I ASPHALT) I i EXIST. GRADE r L- - r r --Of J EXIST. GRADE) n SEWAGE F.N. a 12 AND LEFT TURN LANES AT REQUIRED ENTRANCE IRRIGATCN MNNRIGHT Jqf WATER MAW-" I THE PARKLANDS MAIN ENTRANCE TO NORTH OF TERAFINA ENTRANCE 0 St,a EST LAC 80'RIGHT-OF-WAY SIDEWALK ESMT. Z TON II 5' 4' 12'LEFT TURN LL.,. (({...,,, 12' _ RIGHT TURN 8' a LANE MIS/W TRAVEL NE LANE I I I TRAVEL LANE LANE MULTI-USE- PATH AMEDIAN VARIES IGRADE III 1/ EEI EL, ! I J CV n EXIST.GRADE rIRPoGATON 16"WATER MAIN SEWAGE F.M.--Q Q" MNN AT TERAFlNA ENTRANCE 004' WIT LIAR OF I 60'RIGHT-OF-WAY SIDEWAL(EASEMENT TI $Ie 2' 12' 8' I II MULTI-USE p I I PATH I.........{..................,......EXIST.J I I GRADE W SEWAGE F.M. - WATER EXIST. GRADE 0MNN 46'RCP- NO a\ STORM IRRIGATION I MAN S SOUTH OF TERAFINA ENTRANCE TO SECTION 18/21 LINEm 80'RIGHT-OF-WAY 8'HIGH WALL 1ST U1E aF--1 7 5' " 4' 12' 12' BY OTHERS) 0 I 1E'T 21 I 5' 8' p 8'HIGH WALL_f I I PATNSEH3I GRADE 0 r r CL EXIST.GRADE NOTES WATFR IRRIGATION 1. SECTIONS ORIENTED LOOKING NORTH. z MAIN O MAIN 2 MINOR DETAILS OF ROAD SECTIONS SEWAGE F.M. AND UTUTY PLACEMENT SUBJECT TO48'RCP STCRM CHANGES IN FINAL DESIGN. 3 3. TRANSITIONS REQUIRED BETWEENCa EcT1ON 18/21 LINE TO NORTH OF OLDE CYPRESS ENTRANCE SECTIONS NOT SHOWN. 5 950 Encore Way THE PARKLANDSNaples, FL. 34110 LOGAN BOULEVARD NORTH SECTIONS cl 5 HOLE MONIES Phone: (239) 254-2000 91 SfIIY1EISAI OS Authorization lfNo.1772 EXHIBIT C-3 Page 11 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551 (6-26-2012).doc 3.A.c Packet Pg. 32 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) EXHIBIT D LEGAL DESCRIPTION THE PARKLANDS RPUD All of Section 9, Township 48 South, Range 26 East, Collier County, Florida, less and except the South 30 feet conveyed to Collier County in Official Records Book 484, Page 533, Official Records Book 548, Page 881, and Official Records Book 548,Page 883, all in the public records of Collier County, Florida. Together with the West 60 feet of the South 30 feet of Section 9, Township 48, Range 26 East, Collier County, Florida. Containing 642.239 acres, more or less. Page 12 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 33 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC THE PARKLANDS RPUD 1. Deviation No. 1 seeks relief from LDC Section 5.04.04.B.3.e, Model Homes and Model Sales Centers, which provides that a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three(3) years. The requested deviation is to allow the model homes to remain in effect up to ten (10) years without requiring a conditional use. 2. Deviation No. 2 seeks relief from LDC Section 5.04.04.B.5.c, Model Homes and Model Sales Centers, which provides that a maximum of five (5) models, or a number of corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation provides up to 16 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, he shall be required to inform the County how many model homes are in operation. 3. Deviation No. 3 seeks relief from LDC Section 5.06.02.B.6., Development Standards for Signs within Residential Districts, which allows on-premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs with a maximum height of 8 feet may be located at each entrance to multi- family or single-family development and mobile home or recreational vehicle park. The requested deviation is to allow two (2) entrance signs and two (2) boundary marker signs depicted in Exhibit C-1. These signs will be a maximum 10 feet in height. The boundary markers will be located adjacent to the project development along Logan Boulevard North. (See Deviation No. 5 for height. See Deviation No. 4 for copy area). 4. Deviation No. 4 seeks relief from LDC Section 5.06.02.B.6.b, Development Standards for Signs within Residential District, which allows the ground or wall sign not to exceed a combined area of 64 square feet and shall not exceed the height and length of the wall or gate upon which it is located. The requested deviation is to allow the two project entrance signs with a maximum area of 64 square feet per side and a total area of 128 square feet (both sides) and two boundary marker signs with a maximum area of 32 square feet per side and a total area of 64 square feet (both sides). 5. Deviation No. 5 seeks relief from LDC Section 5.06.02.B.6 which provides that on- premise signs within residential districts are allowed a maximum height of 8 feet. Page 13 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 34 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) The requested deviation is to allow a maximum height of 10 feet for the two entrance signs and two boundary marker signs. Sign height will be measured per the LDC. 6. Deviation No. 6 seeks relief from LDC Section 5.06.02.B.5.b, Development Standards for Signs within Residential District, which allows directional signs to be combined into one sign with a maximum height of 8 feet and a maximum area of 24 square feet. The requested deviation is to allow for no limitation on the number of combined signs provided they are separated by a minimum distance of 100 feet or a road right-of-way. 7. Deviation No. 7 seeks relief from LDC Section 5.06.02.B.5.a, Development Standards for Signs within Residential District, which allows on premise directional signs be set back a minimum of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. The requested deviation is to allow the directional sign to be located five feet from a roadway or platted easement, excluding public roadways, if it does not result in public safety concerns or obscure visibility of the motoring traffic. 8. Deviation No. 8 seeks relief from LDC Section 5.06.02.B.1.a, Development Standards for Signs within Residential District, which allows a maximum height of 8 feet within residential zoning districts, and as applicable to designated residential portions of RPUD zoned properties, or as otherwise provided within this Code. The requested deviation is to allow the height of the entry and boundary marker signs to be 10 feet. 9. Deviation No. 9 seeks relief from LDC Section 5.04.06.A.3.d, Temporary Signs, which requires that temporary signs shall not exceed 32 square feet in area in sign area. The requested deviation is to allow temporary signs and banners to be 48 square feet in area. 10. Deviation No. 10 seeks relief from LDC Section 6.06.01.0 and Appendix B which require cul de sacs and local streets to have a minimum 60-foot-wide right-of-way. The requested deviation is to allow both 40-foot-wide and 50-foot-wide right-of-way widths for internal streets (See also Exhibit C-2). This does not apply to the internal main spine road which connects directly to Logan Boulevard North. 11. Deviation No. 11 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of a local street that is adjacent to the site. The requested deviation is to allow a sidewalk five feet in width on just one side of the street for local roadways 40 feet in width(see also Exhibit C-2). This does not include the main spine road which connects directly to Logan Boulevard North. Page 14 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 35 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 12. Deviation No. 12 seeks relief from LDC Section 6.06.01.0 and Appendix B, (Street System Requirements), which requires 4 travel lanes and median separator with a right- of-way width as required for a major collector or arterial roadway. The requested deviation is to allow construction of Logan Boulevard North with 2 travel lanes within a 60-foot-wide or 80-foot-wide right-of-way as depicted on Exhibit C-3. 13. Deviation No. 13 seeks relief from LDC Section 6.06.02.A.1, and Appendix B Sidewalks, Bike Lane and Pathway Requirements) which requires 6-foot-wide sidewalks on both sides of an arterial or major collector roadway. The requested deviation is to require only one 10-foot-wide or 12-foot-wide multi-use path on one side of Logan Boulevard North or a combination of an 8-foot-wide multi-use path and 5-foot-wide sidewalk as depicted on Exhibit C-3. 14. Deviation No. 14 seeks relief from LDC Section 4.03.08.A.4, Facilities and Service Improvement Requirements, which requires no more than 4,000 average daily trips per project access point. The requested deviation is to permit one project access point on Logan Boulevard North for the first 650 dwelling unit building permits based on a maximum trip generation rate of 566 peak hour two-way trips. If more than 650 dwelling unit building permits are issued, a second project access point in lieu of an emergency access shall be required on Logan Boulevard North. 15. Deviation No. 15 relates to Collier County Code of Ordinances Section 22-110(a)(3)b, excavation review provisions of the applicable laws and County ordinances, that require approval by the Board during the rezone and/or preliminary subdivisions plat process to remove and have off-site excavated material in an amount in excess of ten percent(and in excess of 20,000 cubic yards) of the total volume excavated. This deviation serves to satisfy the requirement that intentions to remove the material must be clearly stated during the development review and approval process. The requested deviation is to allow the off-site removal of fill in excess of ten percent and in excess of 20,000 cubic yards of excavated material for the construction of Logan Boulevard North. Use of the excavated material on-site and for the construction of Logan Boulevard North shall not require a traffic study. Page 15 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551 (6-26-2012).doc 3.A.c Packet Pg. 36 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) EXHIBIT F DEVELOPER COMMITMENTS THE PARKLANDS RPUD 1. GENERAL A. The Parklands DRI was approved prior to the adoption of the Collier County Growth Management Plan and continues to be vested for consistency and concurrency in accordance with Section 163.3167(5), Florida Statutes, and is exempt from any transportation related or other moratoria. Nothing herein shall be construed as limiting or modifying the vested rights of the Parklands development. B. The buildout of the project shall be governed by the dates set forth in the DRI Development Order or any amendments thereto. C. The developer shall obtain and utilize all available on site fill needed for the construction of Logan Boulevard North. The County shall administratively review and permit the lake excavations depicted on the RPUD master plan, and give consideration to deeper lakes (in accordance with SFWMD requirements) so as to maximize the amount of on-site fill that can be generated for the Logan Boulevard North so as to minimize hauling of imported fill for the project needs and Logan Boulevard North construction. D. The developer shall commence construction of the community center/clubhouse on the recreation site (RS) prior to issuance of the building permit for the 250th dwelling unit and shall complete construction within one year, unless delayed by natural disaster or other calamity beyond the control of the developer. 2. TRANSPORTATION A. Except as may be provided by written agreement with the County, the developer shall construct a two (2) lane road, known as Logan Boulevard North Phase 1, extending from the present terminus of Logan Boulevard North at the Olde Cypress development north to the first entrance to the Parklands. Phase 1 of Logan Boulevard North will be completed prior to the issuance of the first certificate of occupancy. The developer shall not be entitled to impact fee credits for the construction of Logan Boulevard North Phase 1. Phase 2 of Logan Boulevard North extends from the first entrance to the Parklands north to Bonita Beach Road. The timing and terms for construction of Logan Boulevard North Phase 2 shall be as established in the Developers Contribution Agreement. B. The developer(s), its successor(s) in title, or assignee(s), shall be responsible for the cost of a traffic signal at the main development entrance on Logan Boulevard North located within the Parklands RPUD when determined warranted and approved by Collier County Transportation Staff. Contingent upon the completed Page 16 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551 (6-26-2012).doc 3.A.c Packet Pg. 37 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) installation, inspection, burn-in period, and final approval the traffic signal (as defined by the applicable Developer Contribution Agreement), said traffic signal shall be conveyed to Collier County for ownership and maintenance. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the developer's obligation for the traffic signal shall end 12 months after the date of the last residential C.O. C. The project main entrance from Logan Boulevard North shall have two lanes in and two lanes out. D. The developer shall provide a second project entrance on Logan Boulevard North prior to the issuance of the first building permit for the 651st dwelling unit. This entrance shall not be signalized. Its location may differ from that shown on Exhibit C, the Master Plan, but it must comply with Access Management Policy in effect at the time. If only one entrance is provided on Logan Boulevard North because less than 651 dwelling units are constructed), an entrance for emergency vehicles shall be provided as generally depicted on the RPUD Master Plan. The emergency entrance shall be constructed concurrently with the adjacent tract and internal roadway. E. No new or additional access points to Logan Boulevard North (in excess of that depicted on the RPUD Master Plan) shall be permitted. 3. UTILITIES A. The developer, its assigns or successors shall negotiate with the County for the use of treated sewage effluent within the project limits for irrigation purposes, subject to availability. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized and subject to availability of treated effluent. B. Connection to the County's off-site water and/or sewer facilities along CR 846 Immokalee Road) will be made by the developer, its assigns or successors at no cost to the County after legal access is available. The cost of connection shall include, but shall not be limited to, all engineering design, and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, and water and/or sewer lines necessary to make the connection(s). The developer may share these expenses with other users, if applicable, or if the developer funds more than its proportionate share of these costs, then the County shall collect and reimburse the developer when other users connect(on a proportionate basis)to the system. C. Detailed hydraulic design reports for the water distribution and wastewater collection and transmission systems to serve the project shall be submitted to the Public Utilities Division prior to or concurrent with submission of construction Page 17 of 20 H:12010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-20I2).doc 3.A.c Packet Pg. 38 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) documents during subdivision or site development plan review for the project. Design of the utilities improvements shall include the following: 1. The developer shall grant a 15-foot-wide utility easement(at no cost to the County) in one of the western residential tracts from the internal roadway to the western project boundary abutting Quail West for a future interconnection of the water distribution mains. The developer shall choose the location of the easement. The County shall be responsible for the costs of the interconnection and for obtaining a utility easement in Quail West. 2. The wastewater improvements will include extending the wastewater force main serving Olde Cypress and Terafina along Logan Boulevard North as required to serve The Parklands. The developer will also provide a design acceptable to Public Utilities PPMD which is hydraulically compatible with the Olde Cypress and Terafina pumping stations. The Parklands collection system will be designed with one (sub)master pumping station connected to the extended force main and will consist of duplex variable frequency drive (VFD) submersible pumps meeting the requirements of Public Utilities PPMD. Should development patterns in the area or design standards change significantly prior to development of the Parklands, other design alternatives may be considered. 4. ENVIRONMENTAL A. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands except where natural buffers are not possible or not feasible. In this event, only structural buffers shall be required and shall be constructed in accordance with the State of Florida Environmental Resources Permit (ERP) Rules and shall be subject to review and approval by County Manager or his designee. (No structural buffers are to be permitted in preserve area). B. The project provides for 341.2 acres of preserve area as depicted on the RPUD Master Plan. Based on the environmental assessment, 131.6 acres of native vegetation exists on the site, therefore, only 32.9 acres was required to be preserved. C. One management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. Page 18 of 20 H:\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 39 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 5. SCHOOL A. The developer, or its successors or assigns, agrees to donate to the Collier County School District, subject to school impact fee credits, a fifteen(15) acre school site in the location depicted on the RPUD Master Plan. The developer or his successors or assigns: 1. Will convey the fee simple title for the school site to the School District prior to the commencement of construction, or within 90 days of request by the School District. 2. The site shall only be used for a public elementary school with access control structures, pedestrian sidewalks, communication facilities and similar uses accessory to a school site. (See Section 5.A.1). No uses other than a public elementary school shall be allowed on the school site unless the developer records a notice in the public records that this restriction has been waived in whole or in part. In the event of turnover, the master homeowner's association shall thereafter be responsible for recording such notice. (See also Exhibit A, Section 5.A.1). If so waived, any of the principal and accessory residential uses permitted in the RPUD are also permitted on the school site. This restriction may be recorded in the public records and shall be included in the deed to the School District. 3. The Parklands water management system will accept the stormwater runoff from the school site and provide the necessary storage and attenuation. The school site will provide water quality or pretreatment as required. 4. The School District will be responsible for the construction of all access improvements into the school site. 6. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Parklands Associates I, LLLP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, with the exception of individual residential lots, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be Page 19 of 20 H:\2010\2010047\R.LD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 40 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 7. DEVELOPMENT OF REGIONAL IMPACT(DRI) A. The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order(DO) actions for this project as amended. Page 20 of 20 H.\2010\2010047\RLD\PUD Amendment\Post CCPC\The Parklands RPUD 2010-1551(6-26-2012).doc 3.A.c Packet Pg. 41 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2012-30 which was adopted by the Board of County Commissioners on the 24th day of July, 2012 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 2012 . DWIGHT E. BROCK Clerk of Courts a9,4 p rk Ex-officio to,. ad7of-;• > County Commisos LOA-2 4- 1 10;4 fry By: Martha Vergai' Deputy Clerk 3.A.c Packet Pg. 42 Attachment: Attachment B - HEX 2014-24 and Ord 12-30 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 43Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 44Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 45Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 46Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 47Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 48Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 49Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 50Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 51Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.dPacket Pg. 52Attachment: Attachment C - Permit PRBD20200625789 (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 53Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 54Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 55Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 56Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 57Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 58Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 59Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 60Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 61Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 62Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 63Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 64Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 65Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 66Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 67Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 68Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 69Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 70Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 71Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 72Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 73Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 74Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 75Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 76Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 77Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 78Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 79Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 80Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 81Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 3.A.ePacket Pg. 82Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 3.A.ePacket Pg. 83Attachment: Attachment D - Backup with Application and Supporting Docs (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) C.ounty COLLIER COUNW GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounWf!.gov 28OO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 12391 2s2-2400 FAX: {239) 2s2-63s8 Hybrid Virtual Quasi-Judicial Public Hearing Waiver r For Petition Number(s): Regarding the above subject petition number(s), Applicant) elects to proceed during the declared (Name of with hybrid virtual public hearing of the Collier County Hearing Examiner, and waives the right to contest any procedural irregularity due to the hybrid virtualnature of the public hearing. Lv6,,t +TP lc [n wAK /4A'J /Date: ,hl' l' \ouName Signature: {sppticant* I Legal Counsel to Applicant * This form must be signed by either the Applicant (if the applicant is a corporate entity, this r,rust be an officer of the corporate entity) or the legal counsel to the Applicant. Emergency/Executive Order 2020-04 Hearing 3.A.f Packet Pg. 84 Attachment: Virtual Quasi-Judicial Public Hearing Waiver (14943 : PL20200001982 VA - 4121 Amelia Way - Waxman) 02/25/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.B Item Summary: PETITION NO. PL202000001934 ABW - Bayshore Wine and Food Venue-The applicant requests that the Hearing Examiner consider a minimum distance waiver pursuant to Section 5.05.01.A.6. of the Land Development Code for an establishment to be known as the Bayshore Wine and Food Venue that seeks to sell alcohol for consumption on-site with a minimum separation distance of less than 500 feet from an existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site and two churches. [Coordinator: Nancy Gundlach, Principal Planner] Commissioner District 4. Meeting Date: 02/25/2021 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 02/08/2021 10:00 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/08/2021 10:00 AM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 02/08/2021 2:21 PM Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 02/08/2021 5:41 PM Zoning Ray Bellows Review Item Completed 02/09/2021 9:05 AM Zoning Anita Jenkins Review Item Completed 02/17/2021 9:46 AM Hearing Examiner Andrew Dickman Meeting Pending 02/25/2021 9:00 AM 3.B Packet Pg. 85 ABW-20200001934, Bayshore Wine and Food Venue February 11, 2021 Page 1 of 5 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: FEBRUARY 25, 2021 SUBJECT: PETITION ABW-PL202000001934, BAYSHORE WINE AND FOOD VENUE APPLICANT/AGENT: Maddox & Partners, LLC Robert J. Mulhere, FAICP, President 1350 Jewel Box Avenue Hole Montes, Inc. Naples, FL 34102 950 Encore Way Naples, FL34110 OWNER: Naples 3.0 Holdings, Inc. 1350 Jewel Box Avenue Naples, FL 34102 (See Attachment A-Ownership Flow Chart) REQUESTED ACTION: The applicant requests that the Hearing Examiner consider a minimum distance waiver pursuant to Section 5.05.01.A.6. of the Land Development Code for an establishment to be known as the Bayshore Wine and Food Venue that seeks to sell alcohol for consumption on- site with a minimum separation distance of less than 500 feet from an existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site and two churches. GEOGRAPHIC LOCATION: The subject property is located on the east side of Bayshore Drive between Weeks Avenue and Becca Avenue in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (See Location Map on following page.) 3.B.a Packet Pg. 86 Attachment: Staff Report for Bayshore Wine and Food 2-10-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) ABW-20200001934, Bayshore Wine and Food Venue February 11, 2021 Page 2 of 5 3.B.aPacket Pg. 87Attachment: Staff Report for Bayshore Wine and Food 2-10-21 (14959 : PL202000001934, Bayshore Wine ABW-20200001934, Bayshore Wine and Food Venue February 11, 2021 Page 3 of 5 PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting approval of a waiver from the minimum separation distance of 500 feet from other such establishments that sell alcohol for on-site consumption and derive less than fifty-one percent of its sales from food items for the proposed Bayshore Wine and Food Venue. The other establishment which sells alcohol for on-site consumption and derives less than fifty-one percent of their sales from food items is as follows: Celebration Food Truck Park Unit 12105 100.3 feet The applicant is also requesting a waiver from the separation distance for two churches located within 500 feet of the proposed establishment: Revelation Church of Jesus Christ of the Apostolic 2740 Bayshore Drive 311.7 feet Iglesio del Evangelio de Cristo 2727 Bayshore Drive 281.5 feet Please see a depiction of the sites on Attachment B-Separation Exhibit. CONSIDERATIONS: The Bayshore Wine and Food Venue is located in the Bayshore Gateway Triangle Redevelopment Overlay, specifically within the Bayshore Mixed-Use Overlay District, Neighborhood Commercial Subdistrict. The property is zoned C-4-BMUD-NC. The proposed Bayshore Wine and Food Venue furthers the CRA objectives for redevelopment of this area into an arts and entertainment district, with a mix of unique and transformative uses. According to the petitioner, the Bayshore Wine and Food Venue is a unique multi-use concept. (See Attachment C-Application.) The proposed mix of uses will not function as a typical bar, but rather as an upscale Wine and Food venue, with three distinct elements: (1) a retail Wine/Charcuterie/Gourmet Market (2) a Private Members-Only Club for wine aficionados; and as (3) a Wine and Food venue open to the public. Please note, the separation requirement only applies to the Wine and Food venue which is open to the public. The separation requirement does not apply to the Private Members-Only Wine Club as private clubs are exempt from the separation requirement. Please note, the separation requirement does not apply to the retail sale of alcoholic beverages (but rather only establishments that generate more than 50% of revenue from the sale of alcoholic beverages for on-site consumption. Establishments that sell alcohol for on-site consumption, but which generate more than 50% of their revenue from the sale of food or nonalcoholic beverages (restaurants rather than bars), are not subject to this requirement. 3.B.a Packet Pg. 88 Attachment: Staff Report for Bayshore Wine and Food 2-10-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) ABW-20200001934, Bayshore Wine and Food Venue February 11, 2021 Page 4 of 5 The decision to waive all or part of the distance requirement shall be based upon the following factor as established in Section 5.05.01.A.6. of the Collier County Land Development Code. (Staff response is italicized): FACTOR: The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA/Hearing Examiner to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. The subject site is separated from Celebration Park and from Revelation Church of Jesus Christ of the Apostolic (2740 Bayshore Drive) by a 4-lane roadway (Bayshore Drive). The Iglesio del Evangelio de Cristo church (2727 Bayshore Drive) is located on the same side of Bayshore as the proposed Bayshore Wine and Food Venue, within a commercial center. FACTOR: The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, childcare center, public library, church, public park, or public playground. It is assumed that patrons of the proposed Bayshore Wine and Food Venue will arrive by vehicle and park in the onsite parking. Patrons may also arrive as pedestrians, using the County’s improved sidewalk and right-of-way to access the site. The Celebration Food Truck Park and the Proposed Bayshore Wine and Food Venue are located across Bayshore Drive from each other. Pedestrians moving from one location to the other would need to cross Bayshore Drive. According to information submitted by the Applicant, pedestrians traveling from the churches to the venue, (or vice versa) would need to travel: • +/- 775 feet at a minimum from the Revelation Church of Jesus Christ of the Apostolic (2740 Bayshore Drive) to the venue; and, • +/- 520 at a minimum foot from Iglesio del Evangelio de Cristo (2727 Bayshore Drive) to the venue. FACTOR: The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. As stated in the application, the hours of operation for the proposed public wine bar are from 10 a.m. to 12 a.m. daily. The petitioner has offered to limit outdoor amplified music to the hours of 11:00 a.m. to 10:00 p.m. on Friday and Saturday, and 11:00 a.m. to 9:00 p.m. on Sunday through Thursday, which staff supports for compatibility with the adjacent residential neighbors. 3.B.a Packet Pg. 89 Attachment: Staff Report for Bayshore Wine and Food 2-10-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) ABW-20200001934, Bayshore Wine and Food Venue February 11, 2021 Page 5 of 5 RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition ABW-PL20200001934, for a waiver of the 500-foot separation requirement between two establishments selling alcoholic beverages for on-premise consumption, and a waiver of the 500-foot separation from the two churches, in accordance with Attachment B-Separation Exhibit and subject to the following condition of approval: 1. Outdoor amplified music shall be limited to the hours of 11:00 a.m. to 10:00 p.m. on Friday and Saturday, and 11:00 a.m. to 9:00 p.m. on Sunday through Thursday. Attachments: Attachment A-Ownership Flow Chart Attachment B-Separation Exhibit Attachment C-Application 3.B.a Packet Pg. 90 Attachment: Staff Report for Bayshore Wine and Food 2-10-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) Naples 3.0 Holdings, LLC 1350 Jewel Box Ave. Naples, FL 34102 50% MFK Holdings, LLC 1350 Jewel Box Ave. Naples, FL 34102 50% Maddox & Partners, LLC 1350 Jewel Box Ave. Naples, FL 34102 100% Rebecca Maddox, MGRM 1350 Jewel Box Ave. Naples, FL 34102 50% Robin Forbes & Camille Kielty as Tenants by the Entirety 2654 Shoreview Dr., Naples, FL 50% Wine Venue Investments, LLC 2055 Trade Center Way Naples, FL 34109 100% Antonio B. Brown 2055 Trade Center Way Naples, FL 34109 NAPLES 3.0 HOLDINGS, LLC 3.B.b Packet Pg. 91 Attachment: Attachment A-Ownership Flow Chart (14959 : PL202000001934, Bayshore T.B.R.107109899BSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBSBS<<<<<<<<<<<<<<<<<<<<SRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSRSR<< < <<<<<<<<<<<<SRSRSRSRSRSR<<<SRSRSRSRBSSRSRSRSRSRSRBSBSBSBSBS<<<<SRSRSRSRSRSRSRSR<<100.3' BAYSHORE DRIVE (PUBLIC R.O.W.) LAKESIDE DRIVEBECCA AVENUE (PUBLIC R.O.W.)WEEKS AVENUE (PUBLIC R.O.W.)ZONING:C4-BMUD-NCZONING: R.O.W.ZONING:C4-BMUD-NC=21,1*0+%08'51CELEBRATIONPARKBAYSHORE FOODAND WINE VENUECELEBRATION PARKPARKING311.7'281.5'REVELATION CHURCH OF JESUSCHRIST OF THE APOSTOLICIGLESIO DELEVANGELIO DE CRISTOBAYSHORE FOOD AND WINEVENUE AERIAL EXHIBITAGNOLIBARBER&BRUNDAG E ,I NC.NKMD 02001002008.5x11 SCALE: 1" = 200'3.B.cPacket Pg. 92Attachment: Attachment B-Separation Exhibit 1-12-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 93Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 94Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 95Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 96Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 97Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 98Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 99Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 100Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 101Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 102Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 103Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 104Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.d Packet Pg. 105 Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 106Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 107Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 108Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 109Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 110Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 111Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 112Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 113Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 114Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 115Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 116Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 117Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 118Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 119Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 120Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 121Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 122Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 123Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 124Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 125Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 126Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 127Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 128Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.d Packet Pg. 129 Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 130Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.d Packet Pg. 131 Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 132Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 133Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 134Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 135Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.dPacket Pg. 136Attachment: Attachment C-Application (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 1 LynchDiane From:JANE KING <jdkingii@comcast.net> Sent:Monday, February 8, 2021 2:09 PM To:GundlachNancy Subject:Hearing for Bayshore Food and Wine EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Ms. Gundlach. I am writing concerning the upcoming hearing for the proposed change to the Bayshore Food and Wine venue. As a 56 year resident of S.W. Florida with the last 25+ years residing in the Bayshore community I am a bit concerned with the proposed change. Having been involved since the creation of the CRA in this area I am fully aware of the area and what the proposed ideas were in beginning. With our first meetings in the church on Shadowlawn, many were concerned about what was coming. It was brought up several times to David Jackson that no one wanted a bunch of bars. We have not changed that stance. This project I know is in the " entertainment district" but we were led to believe that it would be dining establishments and not geared for standalone bars. We still remember when there were several on Bayshore and some of the issues created. When the petitioner first addressed this under the "Bayshore Food and Wine" title it sounded like a dining establishment. Now they wish to have zoning changed so they basically will have what can only be called a wine bar it seems. If not why do they need the change? First, the rule was put in place for a reason. I personally am tired of all the developers and individuals who purchase land they know is not zoned or permitted for their use and then want the county to change the rules for them. Next is the track record of the petitioner. Celebration Park tried to skirt the rules from the beginning on some issues. We still have to either close our sliders or listen to the music from there and we are not next door but down the creek a bit. With that track record I am skeptical about what the future would hold for the location. Finally this project was in the works before COVID. At that time there was a pre-school next door. How was that going to work? I and others are asking the Planning Board to not change the rule. Lets continue with the proper vision for the Bayshore area. Thank you. Sincerely 3.B.e Packet Pg. 137 Attachment: Letter of Objection-King- 2-8-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 2 James King 3.B.e Packet Pg. 138 Attachment: Letter of Objection-King- 2-8-21 (14959 : PL202000001934, Bayshore Wine and Food Venue ABW) 3.B.f Packet Pg. 139 Attachment: Hybrid Virtual Quasi-Judicial Public Hearing Waiver (2-8-2021) - Signed (14959 : PL202000001934, Bayshore Wine and Food Venue