APPLICATION FOR PUBLIC HEARING FOR:

APPLICATION FOR PUBLIC HEARING FOR: AMENDMENT TO PUD (PUDA) PUD REZONE (PUDZ) PUD TO PUD REZONE (PUDZ-A) PETITION NO PROJECT NAME DATE PROCESSED To be completed by staff APPLICANT INFORMATION NAME OF APPLICANT(S) KRG Courthouse Shadows LLC 46204-3565 ADDRESS 30 S. Meridian St., Suite 1100 CITY STATE Indianapolis ZIP IN TELEPHONE # 317.577.5600 CELL # FAX # 317.577.5605 E-MAIL ADDRESS: estrickland@kiteco.com NAME OF AGENT Q. Grady Minor and Associates, P.A. / Coleman, Yovanovich and Koester, P.A. ADDRESS 3800 Via Del Rey CITY Bonita Springs STATE FL 34134 ZIP 239.947.1144 / 239.435.3535 TELEPHONE # CELL # FAX # 239.947.0375 warnold@gradyminor.com / ryovanovich@cyklawfirm.com E-MAIL ADDRESS: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.

ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner s website at http:///index.aspx?page=774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP

Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership KRG Courthouse Shadows LLC 100% KRG Courthouse Shadows I LLC, 30 S. Meridian St, Suite 100 Indianapolis, IN 46204 Please see attached Exhibit 1 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership

d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address

2006, 2012 g. Date subject property acquired leased Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates:, or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the preapplication meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 11 / 50 / 25 Lot: Block: Portion of 1, 2, 3 Subdivision: A Eastgate Plat Book: Page OR 32 #: Property 478 I.D. #: Please see Exhibit 2 Metes & Bounds Description: Legal Description attached as Exhibit 3 together with Courthouse Shadows PUD Size of property: ft. X ft. = Total Sq. Ft. Acres 20.3+/- Address/general location of subject property: 3420, 3390 and 3260 TAMIAMI TRL E PUD District (LDC 2.03.06): Residential Community Facilities Commercial Industrial

ADJACENT ZONING AND LAND USE N S E W Zoning Land Use Collier County Government Complex PUD, C-3 (GTMUD-MXD) Government Offices, Office C-3 (BMUD-R1), RSF-4 (BMUD-R1), RSF-4 & C-3 Vacant, Legal Offices and Residential Collier County Government Complex PUD, C-3 & C-5 Government Offices, Real Estate Office, WalMart Retail Store RMF-6 (BMUD-R1), C-3 (GTMUD-MXD) & RMF-6 (BMUD-R1) Vacant, Offices and Residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range / / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: N/A Metes & Bounds Description: REZONE REQUEST PUD & C-3 (GTMUD-MXD) This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Present Use of the Property: Retail, Commercial Add membership warehouse club with associated liquor store use. Proposed Use (or range of uses) of the property: Original PUD Name: Courthouse Shadows PUD Ordinance No.: 92-8

EVALUATION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff s analysis and recommendation to the Planning Commission, and the Planning Commission s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Please see attached Exhibit 4 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Please see attached Exhibit 4 3. 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.) PPlease see attached Exhibit 4 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Please see attached Exhibit 4 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Please see attached Exhibit 4 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Please see attached Exhibit 4 7. The ability of the subject property and of surrounding areas to accommodate expansion. Please see attached Exhibit 4 8. 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 purposes to a degree at least equivalent to literal application of such regulations. Please see attached Exhibit 4

Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? Yes No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If so, please provide copies. NOTICE: This application will be considered open when the determination of sufficiency has been made and the application is assigned a petition processing number. The application will be considered closed when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed closed will not receive further processing and an application closed through inactivity shall be deemed withdrawn. An application deemed closed may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of sufficiency. Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.)

NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05. F Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent 15 days prior to the Neighborhood Information Meeting to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.F.2. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County s review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. In cases where the applicant s petition activity extends beyond one year from the date that the last Neighborhood Information Meeting (NIM) was held, an additional NIM will be conducted with adherence to all notification and advertising required for the initial meeting.

RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice.

PUD AMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ-A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: 1 Additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) PUD Conceptual Master Site Plan 24 x 36 and One 8 ½ x 11 copy Revised Conceptual Master Site Plan 24 x 36 and One 8 ½ x 11 copy Original PUD doc/ord and Master Plan 24 x 36 ONLY IF AMENDING THE PUD Revised PUD application with changes crossed thru & underlined Revised PUD application w/amended Title page w/ord # s, LDC 10.02.13.A.2 Justification/Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) Copies of the following: Deeds/Legal s & Survey (if boundary of original PUD is amended) 3 List identifying Owner & all parties of corporation 2 Owner/Affidavit signed & notarized 2 Covenant of Unified Control 2 Completed Addressing checklist 2 Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption justification 4 Historical Survey or waiver request 4 Utility Provisions Statement w/sketches 4 Architectural rendering of proposed structures 4 Survey, signed & sealed 4 Traffic Impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to http:///index.aspx?page=566 7 Recent Aerial Photograph (with habitat areas defined) min scaled 1 =400 5 Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 Copy of Official Interpretation and/or Zoning Verification 1 School Impact Analysis Application residential projects only (download the School Impact Analysis Application from website) 2 If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas - Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239-690-3500 for information regarding Wildfire Mitigation & Prevention Plan, LDC Section 2.03.08.A.2.a.(b)i.c.

Courthouse Shadows PUD Amendment Exhibit 2 Property ID # s Folio Number: 28750000769 Name: KRG COURTHOUSE SHADOWS LLC Street# & Name: NO SITE ADDRESS Folio Number: 28750000523 Name: KRG COURTHOUSE SHADOWS LLC Street# & Name: 3420 TAMIAMI TRL E Folio Number: 28750000028 Name: KRG COURTHOUSE SHADOWS LLC Street# & Name: 3390 TAMIAMI TRL E Folio Number: 30480040100 Name: KRG COURTHOUSE SHADOWS LLC Street# & Name: 3260 TAMIAMI TRL E

Courthouse Shadows PUD Amendment Exhibit 3 Legal Description BEING A PORTION OF LAND LYING IN SECTIONS 11, 12, & 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE PLAT OF COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29 PAGES 40-41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN ALONG SAID PLAT FOR THE FOLLOWING NINE (9) COURSES AND DISTANCES: 1. THENCE S 89 01' 07" W, A DISTANCE OF 838.57 FEET; 2. THENCE N 00 15' 36" W, A DISTANCE OF 276.13 FEET; 3. THENCE N 89 59' 12" W, A DISTANCE OF 331.40 FEET; 4. THENCE N 00 18' 23" W, A DISTANCE OF 30.00 FEET; 5. THENCE S 89 28' 37" W, A DISTANCE OF 140.47 FEET; 6. THENCE N 00 11' 18" W, A DISTANCE OF 757.17 FEET; 7. THENCE N 89 15' 15" E, A DISTANCE OF 138.91 FEET; 8. THENCE N 00 18' 23" W, A DISTANCE OF 100.34 FEET; 9. THENCE S 89 13' 43" W, A DISTANCE OF 138.71 FEET TO A POINT ON THE EAST LINE OF PETERS AVENUE AS RECORDED IN PLAT BOOK 1, PAGE 56 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID EAST LINE N 00 11' 18" W, A DISTANCE OF 116.95 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3939, PAGE 463 OF SAID PUBLIC RECORDS; THENCE RUN ALONG SAID LANDS FOR THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. THENCE N 38 02' 06" E, A DISTANCE OF 138.66 FEET; 2. THENCE S 82 55' 44" E, A DISTANCE OF 23.32 FEET; 3. THENCE S 51 37' 15" E, A DISTANCE OF 37.56 FEET TO THE NORTHEAST CORNER OF SAID LANDS; THE SAME BEING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (US 41); THENCE RUN ALONG SAID LINE FOR THE REMAINING COURSES AND DISTANCES: 1. S 52 02' 35" E, A DISTANCE OF 85.20 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12 59' 04", A RADIUS OF 1773.76 FEET, A CHORD BEARING AND DISTANCE OF S 45 33' 03" E, 401.11 FEET; THENCE IN A WESTERLY DIRECTION, WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 401.97 FEET TO THE END OF SAID CURVE; 2. THENCE S 39 03' 31" E, A DISTANCE OF 1306.74 FEET TO THE POINT OF BEGINNING. CONTAINING 20.35 ACRES MORE OR LESS. Page 1 of 1