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Agenda 01/12/2016 Item #16D 2 101)2 Patricia L. Morgan From: Bigelow, Catherine Sent: Thursday, January 07, 2016 4:00 PM To: Patricia L. Morgan Subject: FW: Missing 16.D.2. from the printed Agenda Packet Attachments: Executive Summary 16D2.docx; Item 16D2 Back Up Material.pdf Irish: Looks like these pages were missing from the packets you picked up... © Thank you! Cat From: BrockMaryJo Sent: Thursday, January 07, 2016 3:39 PM To: BrownleeMichael Cc: FialaDonna; BigelowCatherine Subject: RE: Missing 16.D.2. from the printed Agenda Packet Michael, You are all set! MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 From: BrownleeMichael Sent: Thursday, January 07, 2016 3:37 PM To: BrockMaryJo Cc: FialaDonna; BigelowCatherine Subject: Missing 16.D.2. from the printed Agenda Packet Hi Mary Jo, Would you be able to send the pages for this item to me so I can print them out for Commissioner Fiala's binder? 16.D.2. Recommendation to approve a donation of$23,263.40 as offsite preservation for St.Peter the Apostle Church(SDPA-PL-20150000903)to satisfy the native vegetation retention requirement. Thanks so much, Michael Brownlee Executive Coordinator to Commissioner Donna Fiala, District#1 W. Harmon Turner Building- Bldg "F" 1 3299 Tamiami Trail East, Suite#303 Naples, FL 34112 P: (239) 252-8601. F: (239) 252-6578 MichaelBrownlee@colliergov.net CoTKe' r GvrintV Under FLorida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. • 2 EXECUTIVE SUMMARY Recommendation to approve a donation of $23,263.40 as offsite preservation for St. Peter the Apostle Church (SDPA-PL-20150000903)to satisfy the native vegetation retention requirement. OBJECTIVE: To accept an offsite preservation donation in the amount of$23,263.40 for the Conservation Collier Program. CONSIDERATIONS: The Land Development Code (LDC), Section 3.05.07, H.l.f. iii. a. allows for offsite native vegetation retention requirements to be met by monetary payment to the Conservation Collier Program. Applicants may make monetary donation to Collier County with funds to be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment is based on the location of the land to be impacted and shall be equal to 125 percent of the average cost of lands in that Designation, as defined by the Future Land Use Map (FLUM), purchased by Collier County, through the Conservation Collier Program. The proposed donor requested a conditional use for a church rectory and parking within a 3.31 acre parcel zoned agricultural, to be used in conjunction with the adjacent St. Peters Church Planned Unit Development (PUD), which is located within the Urban area as defined by the FLUM. The conditional use was approved by a Hearing Examiner Decision on June 11, 2015. The Hearing Examiner Decision is attached, which incorporates Exhibit B showing site Data and preserve requirements with a note that they will be satisfied offsite in accordance with (LDC), Section 3.05.07, H.l.f. The vegetation preservation requirement for this subdivision is 0.1 acres, and the applicant has elected to fulfill their preserve requirement through offsite monetary donation to Collier County for the Conservation Collier Program. The average cost to Conservation Collier for lands within the urban area was $186,107 per acre. Therefore, 125% of that amount is $232,634. When multiplied by the amount of offsite preservation needed, 0.1 acre, that total payment equals $23,263.40. Pursuant to the Board's direction of July 7, 2015 (Agenda Item 11G) staff is currently working with the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and the Development Services Advisory Committee (DSAC), to provide recommendations to the Board for an amendment to the LDC Section 3.05.07, H.l.f. iii. a. to increase the management endowment and/or provide for an amended monetary only option. Meetings are ongoing and final recommendations from both Committees are expected in January, 2016. FISCAL IMPACT: The donation is intended to provide funds for land acquisition and management of lands for the Conservation Collier Program. Of the total received, 80%, or $18,610.72 will be placed into Fund 172, the Land Acquisition Trust Fund, and $4,652.68 will be placed into Fund 174, the Land Management Trust Fund, to be used for management of any newly acquired property. LEGAL CONSIDERATIONS: This item is approved for legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve and authorize the donation of$23,263.40 to the Conservation Collier Program. Prepared By: Alexandra Sulecki, Pr. Environmental Specialist, Parks and Recreation Division Attachment: St. Peter Catholic Church Final Legal Decision COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve a donation of $23,263.40 as offsite preservation for St. Peter the Apostle Church (SDPA-PL-20150000903) to satisfy the native vegetation retention requirement. Meeting Date: 1/12/2016 Prepared By Name: BetancurNatali Title: Operations Analyst, Parks & Recreation 11/25/2015 8:49:50 AM Submitted by Title: Environmental Specialist, Principal, Conservation Collier Name: SuleckiAlexandra 11/25/2015 8:49:52 AM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 12/2/2015 4:03:26 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 12/8/2015 4:12:39 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 12/9/2015 3:54:04 PM Name: WashburnIlonka Title: Manager - Park Operations, Parks & Recreation Date: 12/11/2015 11:25:17 AM Name: WilliamsBarry Title: Division Director - Parks & Recreation, Parks & Recreation Date: 12/14/2015 10:29:17 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 12/14/2015 3:47:46 PM Name: SuleckiAlexandra Title: Environmental Specialist, Principal, Conservation Collier Date: 12/15/2015 2:59:51 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 12/15/2015 4:50:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/16/2015 9:08:10 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/16/2015 3:19:22 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 12/17/2015 11:59:34 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/27/2015 11:33:40 AM HEX NO. 2015—25 HEARING EXAMINER DECISION PETITION NO. CU-PL20140001335 — Diocese of Venice in Florida, Inc. requests a Conditional Use to allow a church rectory and parking within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for a 3.31± acre property located adjacent to the existing St. Peter's Catholic Church on north side of Rattlesnake-Hammock Road, approximately one quarter-mile east of Tamiami Trail East, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. DATE OF HEARING: June 11, 2015 STAFF RECOMMENDATION:, Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 10.08.00 D of the Land Development Code has been met and the petition is approved. ANALYSIS: This application requests a conditional use for a church rectory and parking area within a 3.31 acre parcel zoned agriculture, to be used in conjunction with the adjacent St. Peters Catholic Church Planned Unit Development (PUD). The subject property was purchased by the church in 1999 and is undeveloped except for a county utility pumping station site and the extension of the Rich King Greenway along the entire eastern boundary. A Neighborhood Information Meeting (NIM) was held by the applicant on December 9, 2014. Approximately 19 members of the public were in attendance. Those in attendance expressed concerns over potential odors from the relocated utility site; potential wetland and wildlife impacts; distance of parking from adjacent residential lots; proposed landscaping; fencing; noise; current church parking within adjacent rights-of-way; cut-through pedestrian traffic; construction impacts and site lighting. During the NIM the applicant responded to the questions raised and has provided additional exhibits to address certain concerns. The hearing date of this application was June 11, 2015. Since the NIM in December 2014 to June 10, 2015, staff did not indicate the receipt of any emails, phone calls, messages or correspondence received either in favor of or against this application. On June 10th, the Hearing Examiner was informed, by a late afternoon phone call from the applicant, that a local neighborhood retained counsel to address their concerns at the hearing. The hearing on this matter was well attended by approximately 35 members of the public with 10 individuals speaking on record. Of those that spoke, 7 were against and 3 in favor of the [14-CPS-01382/1184643/1146 1 of 3 conditional use request. Concerns raised by the speakers who were opposed included many issues involving the current church operations that are part of the existing PUD, including noise, lighting, inadequate parking, inadequate access, parking in the adjoining rights-of-way and loss of property value. Concerns noted specific to the conditional use parcel included noise, lighting, homeless use of the parcel, and loss of green space. Discussion by the speakers included requesting an 8 foot masonry wall to be added to the existing PUD and proposed conditional use site, all lighting to be shielded, limit site clearing, and prohibit parking along the western edge of the conditional use parcel. One speaker noted that he had sent a letter of objection to the applicant and to the County. However, county planning staff has no record of receiving this correspondence. The applicant did not separately forward the letter to county staff under the assumption that since it was copied to the county, it had been received. In response to the expressed concerns, the applicant stated that they are not aware of the use of their parking lot after hours and that the church facilities close down at 9:00 p.m. They agreed to adjust the existing lighting to minimize the flow of light onto adjoining properties and add lighting shields to all lighting within 50 feet of residential properties. Their representative noted that the current parking areas have 3 access points, current use of the rights-of-way for parking will be alleviated by having additional parking on the proposed parcel, and there are no listed protected species inhabiting the proposed conditional use parcel. The applicant proposed improving the buffering requirements by increasing the fence/wall height to 8 feet, increasing the initial planting height of the trees by 4 feet, adding mid-story plantings, increasing the plant material size for the hedge and placing most of the landscaping on the residential side of the fence/wall. The church currently operates with 504 on-site parking spaces, and has an off-site parking area across from the church on Rattlesnake Hammock Road that provides an additional 134 spaces. The proposed parking area on the subject parcel is expected to create approximately 150-160 additional on-site spaces. DECISION: Petition Number CU-PL20140001335, tiled by Robert J. Mulhere of Hole Montes, Inc. representing Diocese of Venice in Florida, Inc. with respect to the property hereinafter described in Exhibit "A", is hereby approved for a Conditional Use to allow a church rectory and parking within a Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit"B", and subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A— legal description Exhibit B—Conceptual Site Plan Exhibit C—Landscaping North& West Exhibit D— Landscaping East 114-CPS-01382/1184643/1146 2 of 3 LEGAL DESCRIPTION: See Exhibit A. CONDITIONS: I. Buffer |xndscapingmhu|| bcprovideduas6ownonEsbihituCuudD. 2. A solid fence or wall shall be provided at a minimum height of 8 feet along the north and west sides of the parcel within the landscape buffer as shown on the attached Exhibit C 3. All lighting fixtures within the parcel are limited to 15 feet in height and shall be shielded to prevent spill over onto adjacent residential properties. Lights shall shut off no later than 9:00 pm. except br special events. 4. All lighting within the St. Peters Catholic Church PUD property within 50' of residentially zoned property shall be shielded to prevent spill over onto adjacent properties. 5. There shall be no outdoor activities on the conditional use parcel after 4:00 p.m. except for special events. 6. Outdoor amplified sound is prohibited except for special events. 7. Parking layout to be as shown on Exhibit B with no parking permitted west of the westernmost parking access aisle. 8. The westernmost parking access aisle shall be set back a minimum of 40 feet from the property line. 9. "No Parking" signs shall be posted along Rattlesnake Hammock Road and Hawaii Boulevard rights-of-way subject to Collier County Right-of-Way permitting and standards. The applicant will be responsible for obtaining the requisite permits,purchasing and installing these signs. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Exaniincr Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURTS MINUTES ANt) RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. ,„ Co, - a 1-2o(S /\/' / � ~m`_/a�' Date Mark Strain, Hearing Examiner ( Appr ved as to form and legality: Scotit Atone Assistant County Attorney [14-CPS-0138211184643/1P6 3 of 3 . *1r>r OR: 2507 PG: 2644 >t>t: Exhibit "A" Legal Description Being part of l.ely Tropical Estates (Inn One, Block 18, Plat Book 8, Page 50, Collier County, Florida All that part of Section 18,Township 50 South, Range 26 M=ast,Collier County, Florida, being more particularly described as billows; Beginning at the Southeast corner of Lely Tropical Estates (hut One, Block 18, Plat Book 8, Page 50 of'the public records of Collier County, Florida. Thence South 89°32'18"West 30.(10 feet along the north right-of-way line of Rattlesnake Hammock Road(S.R. S-864), A 100.0(1 foot right-ot•way; 'I hence leaving the said north right-of-way line North 00°58'15" West t,40.00 feet; `!'hence South 89'12'18" West 241.36 feet to the easterly boundary of Block 12 of the said Lely Tropical Estates Unit one; !`hence along the said easterly boundfi ' „i4 - ..following Two(2)described ' jam,, _..��...�_.. courses; /, '\. ,r—' ~ � 1) North 00°27'42" West 35 41(4 et; �`�' -' 2) 103.92 leet along the ar of t' geui u l circular curve.t. tic. ,e to the west having u radius of 280.00 feet i•rou a:' ._ , 1 al !le 4.30. "15'53''an being subtended by a chord which bears N h °, .;1 8" 7. !`hence leaving the said •aste+ su da if , :r)°0 '45"'East 286.32 feet to the East line of the So 1 • . 'a 1C t` ,18; . "Thence along the said I:a• ' o ie So iwes ,Sou" +"i " I ast'1 103.08 feet to ' the Point of Beginning of • reel herein describes ) Subject to tasentcuts and res t of record. Containing 3.31 acres inure or •' ' - _,..-•' � Bearings are based on the said No iii v . tti.ittlesnake t tamntock Road Icing South 89°32'18" West. Professional Surveyor and Mapper • " 1 y _ t)ate 1 2-13-98 Roger Caner,PSM. ES #5702 • • Ref.98-0127-451 Not valid unless embossed with the Professional's seal. Exhibit A 1':\98.0!27 St titer's ChurclALega1 t)cscriptiuu•puh,rt 18.duct.aat saved by itugcr t;.t;atrr 3050 NORTii tiORSh5110E t)IRVti St JIM 270,NAPLES Ft.. 34104 (941)649-150' I :9,41 i 6 if. 9 ,„..... .f 1 . Iti 1 's .Si:VAS3^r.3 Aft010)viONV i I i ' 1i/ 1 . . . r NW :83NOZ "I 111 1 1 ; I . • ■ \ 1VNAtO : v) u) UJ 0 ‘s A 1 ;,7 \ CC 3 I „t... 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