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CCPC Agenda 10/20/2016 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA OCTOBER 20, 2016 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., OCTOBER 20, 2016, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES: September 15,2016 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA 9. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued from the September 15,2016 CCPC meeting: A. PUDA-PL20150002550: An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 81-6, as amended, the Marco Shores Golf Course Community Planned Unit Development (PUD), providing for amendment to the PUD document to remove 6.5± acres from the PUD; providing for amendments to the legal description; providing for amendment to the Master Plan; providing for repeal of Resolution No. 09-256, which granted a parking exemption and providing for an effective date for property located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Eric L Johnson,AICP,CFM, Principal Planner] NOTE: This item has been continued from the September 15,2016 CCPC meeting: B. RZ-PL20160000382: 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 the Marco Shores Golf Course Community Planned Unit Development zoning district to the Public Use(P)zoning district for property located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.5±acres; and by providing an effective date. [Coordinator: Eric L Johnson, AICP, CFM,Principal Planner] C. PUDA-PL-20160001981: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2001-17, the Granada Shoppes Planned Unit Development by removing outdoor retail nurseries, lawn and garden supply stores (sic code 5261) as a prohibited use; by adding indoor/outdoor retail nurseries, lawn and garden supply stores (sic code 5261)as a permitted principal use; and by adding outdoor display of merchandise during business hours as an accessory use; and providing an effective date. The subject property, consisting of 39.23+/- acres, is located on the southeast corner of U.S. 41 and Immokalee Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner] NOTE: This item has been continued from the October 6,2016 CCPC meeting: D. CPSP-2016-1: A Resolution relating to the Capital Improvement Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, providing for the annual update to the schedule of capital improvement projects, within the Capital Improvement Element of the Collier County Growth Management Plan based on the 2016 Annual Update And Inventory Report on public facilities (AUIR), and including updates to the 5-year schedule of capital projects contained within the Capital Improvement Element (for fiscal years 2017—2021) and the schedule of capital projects contained within the Capital Improvement Element for the future 5-year period(for fiscal years 2022 — 2026), and to sections relating to the Public School Facilities Capital Improvement Plan And Work Program, providing for severability, and providing for an effective date. [Coordinator: Corby Schmidt,AICP,Principal Planner] E. PL20130002637/CPSP-2013-11: A Resolution of the Board of County Commissioners proposing County-Initiated Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to amend the Area of Critical State Concern Overlay within the Future Land Use Element to provide for a variance procedure for Essential Services to the State and Local Regulations Pertaining to the Area of Critical State Concern, and to update and clarify text and correct map errors and omissions specifically amending the Conservation and Coastal Management Element; Future Land Use Element and Future Land Use Map Series; Golden Gate Area Master Plan and Future Land Use Map; Stormwater Management Sub-Element of the Public Facilities Element to remove the discharge rates; Transportation Element and Transportation Map Series; and the Capital Improvement Element; and Furthermore recommending Transmittal of these Amendments to the Florida Department of Economic Opportunity. [Coordinator: Corby Schmidt,AICP,Principal Planner] 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJORN CCPC Agenda/Ray Bellows/jmp September 15,2016 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples,Florida, September 15,2016 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, 3299 East Tamiami Trail, Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Stan Chrzanowski Diane Ebert Karen Homiak ABSENT: Joe Schmitt ALSO PRESENT: Raymond V. Bellows,Zoning Manager Jeffrey A. Klatzkow,County Attorney Heidi Ashton-Cicko,Managing Assistant County Attorney Tom Eastman, School District Representative ISI Page 1 of 19 September 15,2016 MR. BOSI: Chair,you have a live mike. CHAIRMAN STRAIN: Ladies and gentlemen,good morning. If everybody will settle down for just a minute. Welcome to the Thursday, September 15th meeting of the Collier County Planning Commission. We're going to say the Pledge of Allegiance,but before we do,once you rise, I'd like to make an announcement. So if everybody will please rise for Pledge of Allegiance,we'll start with something else first. On October 18th,we had a Planning Commission meeting,and two days prior to that meeting,a gentleman called me who was on this board,who was on this board,and said that he couldn't be here that day. And since August we've not had a meeting. The gentleman that said that was Commissioner Wafaa Assaad. Three days after that meeting,he passed away. And this board hasn't met since that time. Wafaa brought with him a long, long history of decades of involvement in Collier County and the City of Naples. He volunteered for not only this board but at times the city board. His depth of knowledge was unbelievable,and his professionalism on this board will be truly missed by all of us here. And with that,I'd like to ask for a moment of silence. Thank you,all. And our condolences go out to his family and friends. With that,I've asked for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Roll call by the secretary,please. COMMISSIONER EBERT: Yes. Good morning. Mr.Eastman? MR.EASTMAN: Here. COMMISSIONER EBERT: Mr.Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Ms.Ebert is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms. Homiak? COMMISSIONER HOMIAK: Here. CHAIRMAN STRAIN: Thank you. Addenda to the agenda: There's a representative for Items 9B and 9C here. I think it's Mr. Wilkison. Would you mind coming to the podium,sir. MR. WILKISON: Good morning,Chairman Strain and Planning Commissioners. My name is David Wilkison. I am the head of the Collier County Growth Management Department. CHAIRMAN STRAIN: Thank you. And it's Collier County that's moving forward with the PUDA, which is Item 9B,and a rezone,which is Item 9C. This Planning Commission has had numerous correspondence with the Conservancy concerning issues involving the memorandum of understanding and other points involving these two actions. There is obviously some time needed to sort those out. And in conversations I had with you,you've expressed to me you would not object if the Planning Commission asked for you to continue until October 20th; is that still in agreement? MR. WILKISON: Yes,that's correct. CHAIRMAN STRAIN: Thank you very much. And I'll turn to the Planning Commission-- MR. WILKISON: Thank you for your indulgence. CHAIRMAN STRAIN: Anybody have any other questions on that matter other than a request to continue Item PUDA-PL20150002550 and RZ-PL20160000382 to the October 20th meeting? COMMISSIONER EBERT: I make that motion. CHAIRMAN STRAIN: Is there a second? COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: Second by Stan. Discussion? (No response.) Page 2 of 19 September 15,2016 CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 4-0. The next item, I need to know from the Planning Commission's perspective who-- if we had a special meeting on October 3rd--it's the first Monday of October,the meeting would be the same time in this room. If it happens,does anybody know if they cannot make that meeting date? (No response.) CHAIRMAN STRAIN: So at this point all of you could be here on October 3rd? COMMISSIONER HOMIAK: Third? CHAIRMAN STRAIN: The 3rd of October. It's a Monday. Now,we have a regular meeting that Thursday,so this is a special meeting we'd hold on October 3rd. COMMISSIONER EBERT: No,I'll be there. CHAIRMAN STRAIN: Okay. Thank you. COMMISSIONER CHRZANOWSKI: Can I ask why we're having a special meeting? CHAIRMAN STRAIN: Soon you might find out. COMMISSIONER CHRZANOWSKI: I like surprises. COMMISSIONER HOMIAK: Not September 29th like we were asked? CHAIRMAN STRAIN: No. I know we were all polled for September 29th on the possibility of a continuance for the project that's up here today called Creekside. The attorney for Creekside could not make that meeting for--not for Creekside,I'm sorry. The attorney that represents some of the residents in the area especially wanted to be there. He cannot make that meeting,so I started looking for another date,and that's one of the dates. So if the applicant wishes to continue,that's one of the dates that might be available based on our availability and this room's availability. Planning Commission absences for--the next regular meeting is October 6th,which is a Thursday. Does anybody know that they're--if they're not going to be here on a Thursday? (No response.) CHAIRMAN STRAIN: Okay. Then I will assume we have a quorum. The other item is,for some of you on that date,you'll see a familiar face that we've all known from the past;Joe Schmitt has been appointed as the environmental representative for this panel,and he will start on the next--probably the next meeting we have. I know he's out of the country right now,but when he gets back, he'll be greeted with membership on this panel. Approval of minutes: We were issued a packet of minutes for the August 18th meeting. Has everybody read those? If there's no changes,is there a motion to approve? COMMISSIONER HOMIAK: Motion to approve. COMMISSIONER CHRZANOWSKI: Move to-- CHAIRMAN STRAIN: Made by Karen,seconded by Stan. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Page 3 of 19 September 15,2016 BCC report and recaps: Ray,I guess they're back. So how'd the last meeting go? MR. BELLOWS: For the record,Ray Bellows. The--last Tuesday the Board of County Commissioners heard the PUD rezone for the RMC Enclave;that was approved subject to CCPC conditions, and the companion items for Pelican Marsh PUD amendment and development order,that was also approved by the Board. CHAIRMAN STRAIN: Were there any changes to any stipulations by the Planning Commission,or did they all survive the discussion? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Thank you. Chairman's report: The only thing I'd like to mention to Mike and Ray is that I know the applications today have been intense. But as the Planning Commission has asked from the past,when you provide something to this Planning Commission, it's okay to email it,but most commissioners can't print more than--I think we set a limit at 10 pages. Everybody uses their own equipment to do that with. So try to remember if we have more than 10 pages going out,to follow it up with a hard copy. That brings us to the next item,which is consent agenda. There is nothing from our last meeting, and we'll move right into our--we have two advertised public hearings remaining. ***The first one is 9A. It's PUDA-PL201600001865. It's the Creekside Commerce Park Commercial Planned Unit Development located south of Immokalee Road on the east and west side of Goodlette-Frank Road. For all those wishing to testify on this item, if you plan to speak on this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Thank you. That crash you heard was all Mike's paperwork. I'm sure it's not going to be in order again. Disclosures from the Planning Commission: We'll start with Mr.Eastman on my right. MR. EASTMAN: None. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: None? I think over 150 emails,emails from staff. I've talked to Mr. Yovanovich. I'm sorry,Mr. Pritt, I didn't return your call,but I did read your comments at the neighborhood information meeting. I've talked to people from the business sector,and I guess that might be about it. CHAIRMAN STRAIN: Okay. Diane? COMMISSIONER EBERT: Yes. I attended the neighborhood information meeting to listen. I also spoke with staff and with Mr.Arnold and Nicole Johnson. CHAIRMAN STRAIN: I bet you received about 150 emails. COMMISSIONER EBERT: Oh,at least. COMMISSIONER CHRZANOWSKI: Right. I forgot about Nicole Johnson,too. CHAIRMAN STRAIN: And I, like the others,we all received a substantial amount of emails. There's probably about 150-plus. I have met with the applicant's team once or twice over procedural issues and then substantive issues on the content of the material. I've met with Mr. Pritt and several members that he represents from organizations in the adjoining residential communities. I've talked with staff, I've talked to Nicole Ryan,talked to Kristi Bartlett. That's about all I can remember right now,but it's been a busy couple of weeks. With that, I'll turn to Karen. COMMISSIONER HOMIAK: Spoke to Mr.Yovanovich and all the emails. CHAIRMAN STRAIN: Okay. Thank you. Tom? MR.EASTMAN: Mr.Chair, I'd just like to clarify what it is for disclosures,the requirements. If we receive an email that will become part of the permanent record and part of public record, is that something that we need to disclose,or is this more of the nature of telephone conversations and things that are not captured within the public record? CHAIRMAN STRAIN: I disclose everything on the premise that some of it may not make it to the Page 4 of 19 September 15,2016 public record,and I'd rather be safe than sorry, so--but I guess that part of it's your call. But as far as technically how much you've got to disclose,I'll turn to the County Attorney's Office. MR.KLATZKOW: What you're disclosing are ex parte communications,communications that are not conducted within this room before you,and you're generally well before the Planning Commission meetings. The communications could be oral or written. The purpose of the ex parte disclosure is that it gives the other side the ability to want to know what was said and to be able to question you as to that. It's a fairness issue. The way it typically would be is that both sides would know what the other side's doing because they're in front of you. Ex parte communications before the meeting,the other side doesn't know that they're being conducted. So you're giving him notice of, oh,by the way,one side did talk to me. This is what they said. They gave me documents. These are the documents. If the other side wishes to look at the documents,they're entitled to look at the documents. So it's a method curing the ex parte communications. In a judicial--from a judicial arena,you wouldn't have those. You wouldn't be allowed.These are quasi-judicial. People have the right to talk to their representatives beforehand, so you've got this sort of compromise that was done over the years,well,okay,you can talk to these people beforehand,but you've got to disclose it. COMMISSIONER CHRZANOWSKI: So could I ask a question? MR.KLATZKOW: Sure. COMMISSIONER CHRZANOWSKI: I think where he was--where Tom was headed with this was we get these emails and we know that they've come through staff and they're public information,and if we disclose that this morning,these people have no way of finding out what that was all about. MR.KLATZKOW: Well,no,but,for example,Mr.Yovanovich would have the opportunity to ask you for a copy of all those emails and, if required,give him 20 minutes to read through them,you would have to table this for 20 minutes so he could read through them. COMMISSIONER CHRZANOWSKI: Cool. CHAIRMAN STRAIN: Well,just so the record is clear,most of the emails that all of you have received,at least that I know of,were originated from staff or from my office to staff. Every single piece of correspondence goes--I have sent to staff for distribution to all of you. And each time I do,I said,please distribute. Typically they always do,which means to everybody. So they're a part of the record. We've all received them. COMMISSIONER HOMIAK: Twice. CHAIRMAN STRAIN: Well,yes. You might get them twice,but I'd rather be safe than sorry. So that's how it happens,and I think out of disclosures purposes,it's better to err on the side of conservativeness than not,so... MR.EASTMAN: I'd like to amend mine. I did receive the emails that are part of the public record. CHAIRMAN STRAIN: Thank you,Tom. Okay. And that takes us to the discussion on the Creekside item. And the first part of that up is we've had a request--this board has had a request through my office by Mr.Pritt to consider a continuation on this. And the parties that can continue are the applicant and staff and this board. I told Mr. Pritt we would discuss the idea of a continuance to see if,under this unique situation, which is this expedited permitting issue, if this Board felt that a continuance was something we wanted to see, so I'm giving each party,which will be Mr. Pritt and Mr. Yovanovich, 10 minutes to state their either--if Mr. Yovanovich wants to respond. But,Mr. Pritt,you have 10 minutes to state your issue involving the reasons for the continuance,and we'll certainly entertain that as a discussion. MR. PRITT: Thank you,Mr.Chair,members of the Board;my name is Robert Pritt. I'm here on behalf of Bay Colony Golf Club,Estates at Bay Colony Neighborhood Association,and Colliers Reserve Association,Inc. Those are my clients.There are a lot of other people who live in those neighborhoods and perhaps other neighborhoods. I do not represent them directly. I represent the three entities. On the issue of emails,by the way,we did our very best to try to consolidate them and coordinate, but that's not a perfect system either.Per Mr. Bellow's recommendation,we sent--anything I got I sent to Page 5 of 19 September 15,2016 Mr. Bellows,and then he was--he took it from there. So that's how a lot of that got to you,I think. On August 26th,2016, I did ask for two things: One,a continuance of the matter to give our experts and our neighbors,our clients sufficient time to be able to digest the information that's coming to you. As far as I know--that was the first thing. The second thing is party intervenor status,which I'll talk about in a minute. The reason for this is that as far as we know this is unique in the--in Collier County,the fast-tracking of this. The application was made on July 29th or July 30th. I'm not quite sure which day it was actually filed. There was a neighborhood information meeting on August 30th. There was a re-submittal shortly after that, I think it was the 3rd of September,which gave the staff and everybody else,really,only until the 8th to be able to get this information,the new re-submittal reviewed,and any--to get experts to make sure that the experts are up to speed,et cetera. I got a copy of the new submittal--or the staff report late last Friday. And,again,thank you,Mr. Bellows,for personally making sure I got that. It was very difficult,by the way,because of the size,to get that onto your portal,and there was a lot of trouble getting that off of the portal. I'm still not sure whether or not the portal has all of the documentation. There are 600 and some pages,maybe 700 by now. Even this week,on Tuesday,I received a supplemental traffic--supplemental report from your traffic people. I don't sit here with you every day or anything like that and see everything that happened,but I'm almost sure on any application I've ever been involved in that certain things have to happen,and one of them is that the staff has to be given reasonable time to do a good report,a reasonable time for review,and that report has to be approved and the application has to be ready to go to the Planning Commission,or if it's the County Commission, it has to be ready to go,and you just don't get something set on the agenda and scheduled that quickly. Again, I understand that this was set out to be a fast track by--fast track and due process between a state or local fast-track process and the due process clause of the 14th amendment of the United States Constitution. You knew I'd use that,Mr.Klatzkow,but it is--it does apply. There must be a reasonable, meaningful opportunity for persons to be able to prepare for and lawyer up, if that's a word,or expert up, if that's a word,and be able to come to a hearing and participate in a meaningful manner. So that is the reason for that request. Do you want me to turn to the other request concerning status,or do you want me to hold off? CHAIRMAN STRAIN: Well,your status of what--your party intervenor is more an application for the Board of County Commissioners than us. I don't know how that pertains to this meeting,so I'm reluctant to think we need a discussion on it. MR.PRITT: Well,the main thing on that is I would like to have enough time to be able to present a case on behalf of my clients and have our experts--one expert, I think. I'll try to keep it to--mine to 10 minutes,but one of our experts is probably going to need 20 minutes and the other about 10 minutes. So I wanted to make sure that we at least have time to do that and time--the reasonable opportunity to ask questions of the applicants and their experts. CHAIRMAN STRAIN: Yesterday when we spoke, I told you I could take care of the issue of timing. You wanted up to 10 or 15 minutes,and I said 10, 15 minutes would be--no more--would be fine for your presentation. Your experts combined would be no more than 30 minutes,and I thought we agreed to that yesterday, so that would take that need off the table. MR. PRITT: Thank you. CHAIRMAN STRAIN: So I don't know of any other--as far as cross-examination,when you speak as part of the time that you have, if you'll provide me with the questions you want asked of anybody that has come prior to you, I'll be certainly willing to ask those questions,get that information on record for you. MR. PRITT: Thank you. Okay. CHAIRMAN STRAIN: Okay. So that would leave just the continuance issue. Mr. Yovanovich--are you finished on that issue, sir? Page 6 of 19 September 15,2016 MR. PRITT: Yes, I am. And I'm looking for my experts. One of them's here. CHAIRMAN STRAIN: They're not experts on the continuance. They're experts-- MR.PRITT: No. I just wanted to make sure if there's any date that--if you do entertain that and if there's another date, I want to make sure that they're available. CHAIRMAN STRAIN: If it's entertained, it's only going to be October 3rd,because that's the only date we have available-- MR. PRITT: October 3rd. CHAIRMAN STRAIN: --for this room and for various parties that want to be there. So the 29th, the previous one I tried to set up,I know you can't make it to that one,so we're still trying to accommodate. MR. PRITT: Thank you. CHAIRMAN STRAIN: Mr. Yovanovich? MR.YOVANOVICH: Well,can Mr. Pritt confirm that his expert is available October 3rd before I respond? CHAIRMAN STRAIN: Sure. MR. PRITT: Yes. MR.YOVANOVICH: Well,we don't have an objection to Mr. Pritt's request to continue this to October 3rd. I assume that will address all of his due-process concerns, since he's asked for and been granted the continuance,to do whatever he needs to do to represent his clients. CHAIRMAN STRAIN: Okay. Mr. Klatzkow,do you have any comments on the request for continuance that need to be vetted in any manner beyond what you've heard here today so far? MR.KLATZKOW: No. The only comment I'll make for you two gentlemen to consider is we have a razor-thin membership on the Planning Commission right now and that,although it sounds like we'll have at least four members here,I don't know what Mr. Schmitt's status will be then. You are taking the risk of illness or whatever,and you are taking that risk that you will not have a quorum on that day. MR. YOVANOVICH: And I have one other--thank you for bringing that up,Mr.Klatzkow. I want to--I don't know if there will be anybody speaking today on this even though it may be continued. I just want to make sure that if you invite public comment from people who cannot be here on the 3rd,that will not disqualify Mr. Schmitt from reading the record and sitting as one of the Planning Commissioners, because then I have five opportunities to--I have five bodies that might fill four seats,which I need. MR.KLATZKOW: If Mr. Schmitt would represent that he has--and I keep using the word"tape." We do record these proceedings. I don't know if a transcript will be ready then,but we do record these proceedings. If Mr. Schmitt would state for the record that he did watch the recorded proceedings and did read the package,then I wouldn't have an issue. MR.YOVANOVICH: Well,hopefully you're all healthy,nobody has pneumonia or anything that we don't know about. So I would like all of your medical records before I make the decision whether or not to continue. MR. KLATZKOW: I can just assure you that sometimes things happen. MR. YOVANOVICH: I know. I'm looking at you. So I understand that,and I understand--and if we have an issue with that,hopefully we can find a way to address that by possibly moving to another location and recording it like we've done it at development services. I would like that flexibility and commitment from Mr. Pritt that that would be acceptable to him if we run into an issue. CHAIRMAN STRAIN: Well,I was going to--if this gets worked out and you two are in agreement,then I was going to take a five-minute break to go verify with Mr. Brownlee next door that my request for the 3rd that he said was okay got locked in based on my email to him last night,because I came in at quarter to six this morning,and the email had not been answered yet. So he wasn't up all night doing his email. But I do want to see if he had responded to it,because I've been here at this building outside of email for quite some time. MR. BROWNLEE: Yes,sir. CHAIRMAN STRAIN: We're good? Okay. Well,there. This room is available. He's been listening,and so we'd be in good shape for-- MR.YOVANOVICH: Just out of concern,is the 4th also a date that's acceptable in case one of you Page 7 of 19 September 15,2016 is sick on the 3rd? CHAIRMAN STRAIN: Does anybody on this panel know if they can't make it on the 4th? COMMISSIONER EBERT: We don't know whether we're going to be sick or not. COMMISSIONER CHRZANOWSKI: That's not a Wednesday, is it? CHAIRMAN STRAIN: That's a Tuesday. COMMISSIONER CHRZANOWSKI: Good. CHAIRMAN STRAIN: So either the 3rd or 4th.Now,I've set aside the 3rd,but we can have a spillover if we--if someone doesn't show up,we can always reconvene on the 4th instead. MR.YOVANOVICH: Is that acceptable to Mr. Pritt? MR. PRITT: It's okay with me. Yes. MR.YOVANOVICH: Hopefully nobody will have any illnesses,and it will be okay the 3rd. MR.KLATZKOW: And just while we have these two gentlemen at the lecterns,I don't know how many people who wanted to speak today are going to be able to make it. CHAIRMAN STRAIN: That was going to be my next question. MR.KLATZKOW: Yes;and whether or not they would consent to that. CHAIRMAN STRAIN: And a lot of you stood up when I asked how many people want to speak today. It would be preferable to this board that if you can come back on the 3rd and speak at that time so we can hear all of your testimony at one time--and that will be a day dedicated to just this project. There will be no other items on the agenda. If you can hold off till that time,we'd prefer it. But if you can't, I need to know that now. If anybody must speak today and cannot be here on the 3rd,then we will--I need to know.Okay. So there are going to be five people who will need to speak today. Thank you. So we will hear from five members of the public today. Mr. Schmitt can follow up with that by watching the tape--you got me doing that now--the digital recording of this meeting,and we'll proceed from there. Before we continue,we'll hear the speakers,and then I'll ask the Planning Commission to confirm the continuance to October 3rd at 9 o'clock at the request of the applicant. MR.YOVANOVICH: No,no. The request was Mr.Pritt's request,and we've agreed to that request. CHAIRMAN STRAIN: I have no problem with that if we want to--well,from a staffs perspective, does that mess anything up in regards to--there's no additional advertising needed. I think everybody's covered still by the 3rd,right? So there's no hidden cost that we have to worry it. MR. BELLOWS: For the record,that is correct.There are no additional advertising fees. We are being continued to a date certain. It doesn't matter who's initiated the request. CHAIRMAN STRAIN: Okay. Any problems from the County Attorney's Office? MR.KLATZKOW: No,sir. CHAIRMAN STRAIN: Okay. With that,we'll talk--we have five speakers. We'll listen to the five speakers right now,and then we will take a vote on continuing the rest of the meeting until October 3rd. So the gentlemen--or the ladies and/or gentlemen that raised your hands,we'll start with the man closest to the front. If you'll come to one of the speakers,we need your name and address when you--before you go too far. And if you have a complicated last name,please spell it for the court reporter. MR.KLATZKOW: And just note,anybody speaking today will not be given the opportunity to speak at the next date. CHAIRMAN STRAIN: That's right. MR. LUKAC: I'm Eugene Lukac, spelled L-u-k-a-c. I'm a resident of Pelican Marsh,and I urge the commission to not accept the proposed amendment that would grant a permission to change the norms under which we live here in Collier County. These norms protect the quality of life that we have adopted here and the environment that protects that quality of life. I have seen with my own eyes how granting such changes to the established norms has destroyed the quality of life in other communities and overwhelmed the infrastructure that is designed to support it and becomes unsustainable. So I strongly urge the rejection of this potential Miamification of Collier County. And I thank you Page 8 of 19 September 15,2016 for your attention. CHAIRMAN STRAIN: Thank you. The next gentleman on the left. Sir, if you don't mind coming up. And,Ray,when there's--if they have speaker slips,be sure to remove them and hold the rest till the 3rd. MR.ADAMCZYK: Mr. Chair,Commissioners,good morning. I'm Steve Adamczyk,and I'm an attorney from Goede,Adamczyk,DeBoest,and Cross on behalf of the foundation of Pelican Marsh, approximately 4,000 residents whose documents encumber(sic)the Bay Colony Estates as well as the property adjacent to the Creekside PUD. For the record, I am not available on October 3rd. I'd also urge the commission to consider it is Rosh Hashanah that day,which may affect the participation or attendance from the public. Now,moving forward, I might need six or seven. There is a person who signed up to speak who is yielding one or two minutes to me if the commission would give me that-- CHAIRMAN STRAIN: Well,you represent a group.That's fine. Continue. MR.ADAMCZYK: Yes,sir. Thank you. First,as Mr.Pritt indicated,the timeline here is unprecedented. Your zoning plan is not made to move this quickly. It's not intended to move this quickly. Despite the fact that the timelines or procedural requirements may fit into a box of timelines,the public participation is paramount, and we don't believe that the intent or the spirit of the process is being fulfilled with this hastened and rushed process. Public participation is paramount. To put it simply,when you have a project of this magnitude moving this quickly, it should be perfect. The procedure should be perfect. And we have a couple objections for the record which go to the notice,density,and intensity of the development,the transportation facilities, and the environmental impact,which I'm going to speak on briefly. First,we don't believe the application on its face is sufficient. We feel it's deficient on its face. The Land Development Code provides that the application must include the name and mailing address of all registered homeowners associations that could be affected by the application. There are four associations listed on that application,one of them being Pelican Marsh Owners(sic)Association. It appears to be an attempt by the applicant to include a sufficient notice on the application for the Pelican Marsh Homeowners Association,which is known as the Foundation of Pelican Marsh. The entity that is Pelican Marsh Owners Association is a corporation that has been dissolved for 16 years. Not one of the members or constituents of my client is a member of Pelican Marsh Owners Association. The person who was notified on the application is a representative of WCI,the developer of Pelican Marsh. So the 4,000 residents who are comprised of my client are not listed on the application which says by the code that the application must include the name and mailing address of all registered homeowners associations that could be affected by the application. We're not aware of what this economic stimulus is for this project,and we're not sure what the utility of that stimulus is,but I can't imagine that the stimulus outweighs the importance and the paramount importance of public participation. It should be perfect. If we're going to have a hastened application process,the opportunity for public participation should be maximized. And the fact that we're not on the application--my opinion even to today,we're not on the application--is a flaw. Second,we don't believe that there was an adequate pre-application meeting. The record indicates an email from Mr. Bosi that a meeting took place on July 22nd and that it was at the County Manager's Office and that pursuant to the Assistant County Manager it would suffice for the pre-application meeting. There was no notice,there were no minutes,there was no attendance sheet,and there were no notes. The Land Development Code states that the pre-application meeting must be held at the Growth Management building. There's literally a map in the Land Development Code of where this meeting should take place. So,first of all, it didn't take place at the proper location. Secondly,the Land Development Code provides that the county must provide notes to the applicant at the meeting that discuss needs,concerns, issues with the project. There were no notes taken. Despite the fact that we had a letter of noncompliance or a letter of insufficiency approximately 15 pages long,I would like to believe that there were some genuine Page 9 of 19 September 15,2016 notes from that meeting that should be part of the record,and there are none. The public has no ability to know what were the concerns at the outset of the county for this project. I believe you're going to hear testimony on October 3rd, if that happens,about traffic,but we echo those sentiments for the record. Finally, I would like the commission to look to this point one year ago today because we believe that there are concerns with respect to the commercial Growth Management Plan and compliance with that plan of this proposed amendment. One year ago today the industrial commercial portion of this project permitted 480,000 square feet. Earlier this year this PUD was amended, increase of 70,000 to a total of 550,000. Now,the proposed amendment would reflect 716,000 square feet of industrial commercial. So from this time,a year ago today,that's 236,000 more square feet of industrial commercial capacity. That's a 49.2 percent increase from this time last year. Next, if we look at the business and office section this time ago one year(sic),there's a maximum of 150,000 square feet. Earlier this year there's an amendment which would increase the 50,000 to a total of 200-. If this proposed amendment is passed, it would be an additional 44,000 or a total of 244,000 square feet,an addition from a year ago today of 94,000 square feet. That's a 62.7 percent increase in business and office commercial capacity. The point is I'm not aware of any construction or increase in square footage in the last six months let alone the last year. So to say that the effect of this application is what it states on the application is somewhat misleading because the true effect would be what we've experienced over what it was a year ago,which is going to be, again,49 percent industrial commercial,236,000 more square feet;and 62.7 percent of business office,94,000 more square feet from a year ago today. I don't believe the public will enjoy,will appreciate this effect from the statement of the application because, if you look at a year ago today,the numbers are much more than what we are looking at merely on this application. So I thank you,and I would request that this meeting be continued beyond October 3rd for the holiday,for my inability to attend,although I am able to speak today for the record. We further ask that the pre-application meeting be re-conducted and that the neighborhood information meeting be re-conducted as well,considering the fact,as Mr. Pritt said,there's information coming out as early as Tuesday with supplemental traffic information that's going to be important to the neighbors and the residents of this community who are already stating that they're at capacity for traffic. I thank you for your time. CHAIRMAN STRAIN: Thank you. I have a question for you. MR.ADAMCZYK: Yes,sir. CHAIRMAN STRAIN: You represent the foundation that,from your concerns,hadn't been properly noticed. Since you now know about it,am Ito assume,then,that your membership has been noticed? MR.ADAMCZYK: The membership is aware of what's going on,that's correct. CHAIRMAN STRAIN: Okay. MR.ADAMCZYK: But the application is deficient on its face in that it doesn't state the name of my client. CHAIRMAN STRAIN: But the issue at hand has been resolved in regards to your membership knowing that this case is pending? MR.ADAMCZYK: My board of directors know.There have been attempts to communicate to the membership,but if a member of my public,who is not on the email blast from the foundation--would look at the public record and not see the Foundation of Pelican Marsh as a party to this application. CHAIRMAN STRAIN: Okay. Thank you. MR.YOVANOVICH: May I ask for one--can I make a correction to the record? CHAIRMAN STRAIN: Yes,sir. MR.YOVANOVICH: I'm sorry. I didn't catch your name. MR.ADAMCZYK: It's Steve Adamczyk, sir. MR.YOVANOVICH: Mr. Adamczyk, are you referring to the changes that occurred in Ordinance No. 16-05 when you're talking about the changes that occurred this year? Page 10 of 19 September 15,2016 MR.ADAMCZYK: Yes. MR.YOVANOVICH: You're aware that what happened in that ordinance was actually a reduction in the IC of 70,000 square feet and an increase in the business of 50,000 square feet? So, in fact,there was a net reduction the last time we did this and not a net increase. MR.ADAMCZYK: My recollection is that some of the square footage was decreased,other portions were increased. MR.YOVANOVICH: Are you aware that there was an actual net decrease in the square footage that occurred at the last review of this PUD? MR.ADAMCZYK: I'm aware that the proposed application would increase the 716,000. MR.YOVANOVICH: I know. I just wanted to make sure we got it correct on the math. CHAIRMAN STRAIN: This Planning Commission heard that action item,and I know that what you're saying is accurate. You might want to check your sources of information. MR.ADAMCZYK: Yes, sir. MR.YOVANOVICH: Just out of curiosity,are you prepared to put your presentation on today? Because I'm willing to sit here and listen to your entire presentation today and continue Mr.Pritt's portion of the presentation. MR.ADAMCZYK: My statements are concluded. MR.YOVANOVICH: So you're not prepared to go today? CHAIRMAN STRAIN: Well,he just--I think the presentation he just gave us was his-- MR.YOVANOVICH: Was his entire presentation? CHAIRMAN STRAIN: That's what I'm understanding. MR.KLATZKOW: Let me--just for clarity. Was that your entire presentation, or did you intend to present more? MR.ADAMCZYK: We were intending to echo the sentiments of Mr. Pritt and our neighbors,but this was my presentation for today. MR.KLATZKOW: So are you going to bring any expert witnesses with you or any other witnesses, for that matter? MR.ADAMCZYK: The foundation did not have an opportunity to or,I believe,a reasonable amount of time to engage those witnesses. The Collier's Reserve and Bay Colony had more notice and had actual meetings with the applicant prior to the NIM,which we were not afforded that opportunity. CHAIRMAN STRAIN: Okay. Thank you,sir. COMMISSIONER CHRZANOWSKI: Sir,could I ask,are you and Mr. Pritt the only two attorneys?Because a lot of emails I got seemed to have lawyers' signature blocks at the bottom,but maybe they don't represent people,just themselves. Are you the only two lawyers? CHAIRMAN STRAIN: I don't think he'd know that answer. MR. ADAMCZYK: I'm not aware,sir. MR. PRITT: I don't know either. COMMISSIONER CHRZANOWSKI: Oh,okay. Thanks. MR. KLATZKOW: Just for the record,Mr.Bosi,was the NIM publicly advertised? MR. BOSI: Yes. CHAIRMAN STRAIN: Thank you, sir. MR.ADAMCZYK: Thank you. CHAIRMAN STRAIN: And as a point of clarification,and I'm--since I know Mike is listening and maybe we can,at the final speaker for today,discuss whether the 3rd or 4th makes much of a difference. And if there is an honored holiday on the 3rd and it doesn't hurt to move it to the 4th,that might be something we should consider. But I'll wait until we hear the rest of the speakers,Rich. And I also want--maybe if you see Mike show up,ask him if the 4th is still open,because those two days were open,and we can confirm that. Is the next speaker--there were three people left that wanted to speak that said they had to speak today. So will one of you raise your hand. Sir,come on up. MR.CRAWFORD: My name is Richard Crawford. I live in Bay Colony. Page 11 of 19 September 15,2016 I would approach this from a little different angle. I'm sure that you're going to be deluged with the traffic issues and a lot of other practical issues for people living here. But I'm talking more from a developer's perspective, having 40 years experience, including doing the Fifth Third building here,which I think currently is the largest commercial building. To me,based on 40 years experience,this is a very clear case of spot zoning. And if it goes forward, I think it's going to be an annuity for the attorneys involved because I don't think this gets done quickly or easily. The other thing I'd like you to think about is the precedent you're setting. What are you going to do when the next owner of property in this area wants to build a 200-foot-tall building? How are you going to say no? You just approved one. You're going to totally change the nature of the community,but from my perspective,even more importantly,you're going to change the economics of the real estate. In other words, if I have a piece of property,even if it has a building on it or a shopping center on it,the economics now are almost going to demand that I look at building a 20-story building because you've approved that,and the economics are much better than what I'm currently experiencing. So I'm just trying to raise some practical issues that,based on my experience,you really need to think about. Thank you. CHAIRMAN STRAIN: Thank you,sir. COMMISSIONER CHRZANOWSKI: Mr.Crawford? MR. CRAWFORD: Yes. COMMISSIONER CHRZANOWSKI: Will you see this building from your house? MR.CRAWFORD: Probably,although I'm not sure. I'd have to-- I'm on the other side of the street, so I'm not sure I would see it. COMMISSIONER CHRZANOWSKI: Okay. MR. CRAWFORD: I'm really speaking more from a precedent-setting issue and a legal issue. Thank you. CHAIRMAN STRAIN: Okay. There were two other people that needed to speak today. Sir,come on up. MR.JOHANNSEN: Good morning. Jim Johannsen,J-o-h-a-n-n-s-e-n. I live in Collier's Reserve. Third time I've been in front of this group in 10 years,all at this time of year. The last neighborhood information meeting was the day after Labor Day. This time it was before Labor Day. I only want to speak about traffic. Our understanding is that some 6-to 7,000 housing units are either being built or planned for off of Immokalee Road east of I-75. And those residents will use Immokalee Road to get to Veterans Park,to NCH,Wiggins State Park,to Highway 41 so they can turn right to get to the Toyota dealership or the other six dealerships that are up there. Regardless of what any traffic expert says,when you're going to add those units,the buildout of the southeast corner of Goodlette and Immokalee is just occurring. The hotel hasn't been built.The retail shops are still opening. Other buildings have yet to be built. The post office is always busy. Creekside Road,the part they want to close, is a three-lane road. We urge you to keep it open as an important part of the road network that has been in place. That road was a condition of the approval of the PUD for the Granada Shoppes in 2001. It was a condition of use in the Naples Daily News PUD approved 10 years ago. Traffic has only become busier in that whole area,and if there's one thing that we're lacking in Collier County, it's connecting roads between Goodlette-Frank and Highway 41 with stoplights. I urge you to go back and just think about how many roads there are going all the way down to the Coastland Mall. You have a hard time coming up with one,don't you? So with a stoplight that's going to be put in place at Goodlette and Creekside,that is a through connector road to 41,and there is no alternative.The alternative proposed,you know, I don't think will be used,and that's for another story. Keep in mind this whole industrial park was created after Collier's Reserve and Bay Colony and Pelican Marsh were started. There's a reason why there's a 35-foot height. Page 12 of 19 September 15,2016 With the Arthrex expansion--which we support. We want the jobs. Make no mistake,none of us are against the development. We're just against the form that it's in. Do something that doesn't hurt our road system. It's already congested. I can tell you,you know,all the years that I went to work, it was two stoplights, most of the year,of red to turn left off of Immokalee onto 41. Even at this time of year,you come south on 41 to turn left on Immokalee,3 o'clock in the afternoon,you can wait two stoplights to turn left. This is even before the busy season. Don't make the mistake of effectively closing off an effective corridor that impacts thousands of people. And you have no remedy in the future. You can't have a flyover bridge like at Golden Gate and Airport. You're out of land. There is no east/west road north of Immokalee till you get to Bonita Beach Road. It's an important road. There are ways this building can be built using skyway systems,walkways aboveground between buildings as are used in Minneapolis and Louisville and Cincinnati and all sorts of cities in the country that would allow that road,an important road,to continue to be used. Closing a public road in an already traffic-challenged county for a private purpose,terrible precedent. There's got to be another way. There's no future remedy,and if there is,at what cost? Huge cost. We don't have the land or the money to build a flyover like at Golden Gate and Airport. Keep Creekside open as it is. There's not an effective alternative that has been proposed that's really usable. And I would suggest,in the length of time, if you put that traffic pattern that's out there right now in front of the high school students,in front of people that are--that shop at Publix or anybody driving the 18-wheelers that will now,you know,be at our intersection,they'll say they won't use it. So keep Creekside open,please. CHAIRMAN STRAIN: Thank you,sir. And the last gentleman that wanted to speak today? MR. BREITHAUPT: Thank you,Mr.Commissioner and other commissioners. My name is Richard Breithaupt,B-r-e-i-t-h-a-u-p-t. I'm a resident of Collier Reserve,and I had planned to speak after the presentation of the applicant. But I have a couple of questions for the commission. Number one,does the applicant plan on compensating any of the homeowners whose property will be devalued as a result of this application if it's accepted? The second question that I have--and this is personal to the Commissioners--would any of you like to have a 200-foot building put in the backyard of your neighbor? My third comment--I was hopeful of speaking after the applicant had presented,but at the public hearing last month they made several representations,as I understand it,that are not part of their public record,but they made a lot of representations. And if they,again,make representations like they did at the public hearing as to what would go forward, I would hope that the commission, if it does grant the application,would make those applications(sic)part of the requirement and impose some sort of financial requirement upon them to maintain those and comply with all of their representations. Thank you. CHAIRMAN STRAIN: Thank you,sir. And I believe that's the five people who couldn't make it to the continued date, so we will--that is the end of the public comments for today. And with that,Mr. Yovanovich--or first of all,has Mike Brownlee contacted or said anything to you about--have you guys contact--has he come out? I have not been watching him. MR. BOSI: No,he hasn't. Ray had indicated that the 3rd and the 4th are both dates that are related to that religious holiday. CHAIRMAN STRAIN: Oh, is it? Then we'll just-- MR.BELLOWS: It starts on Sunday the 2nd and ends on the 4th. CHAIRMAN STRAIN: Okay. Well,we'll just leave it the 4th then. MR.YOVANOVICH: I do know that the court system is open on that date. The schools are closed, but county government,I believe,is open, and so is--so are the courts. I was aware that it was Rosh Hashanah,but I was also aware that the court system,for what I Page 13 of 19 September 15,2016 think-- it's notl c osed that day. CHAIRMAN STRAIN: Mr. Schmitt--Mr.Pritt. I was thinking of Joe Schmitt. MR. PRITT: I was going to come up there and sit with you there. CHAIRMAN STRAIN: Yeah. There would be no conflict in that. MR. PRITT: Well,maybe--if Rosh Hashanah--I don't know--I think it goes from sundown to sundown. I'm not sure which--the 3rd is the day. Is the 4th not included? The 4th might be fine.That might be a better day. MR. YOVANOVICH: I'm okay with that; I just don't want be to insensitive. MR. PRITT: I really--I did not know the 3rd was Rosh Hashanah,and I really think that we ought to, if we possibly can, if you're going to continue it, let's do it till the 4th so that's not an issue. CHAIRMAN STRAIN: That's what I'm trying to get to. I just want to make sure that everybody's on the same page. MR.YOVANOVICH: I'm okay with that. CHAIRMAN STRAIN: I think if you've got schools and other facilities closed for that holiday, it would still be safer to do it on the 4th? It would be more. MR.YOVANOVICH: Again, I don't have an objection to do that. MR.KLATZKOW: I mean,this is Mr. Pritt's request for the continuance. My understanding is Mr. Yovanovich is simply agreeing to it, so it's--are you okay with the 4th? MR.PRITT: Yes. Let's make it the 4th if-- CHAIRMAN STRAIN: Okay. MR. PRITT: --we can make that the request,I guess. MR.KLATZKOW: And do we have this room on the 4th? CHAIRMAN STRAIN: Yes. We just got the signal from Michael,and then Ray had already confirmed as well. So the 4th would be a day that works. MR.YOVANOVICH: Can we have a commitment that we'll go until it's over? If we need to take a dinner break,we'll come back. Because I lost the contingency date. I had the 3rd;we carried over to the 4th. CHAIRMAN STRAIN: I have no problem with it,but I just want to make sure I've got a Planning Commission to do it. MR.YOVANOVICH: I understand. I'm just asking that right now because I'm-- MR.KLATZKOW: Do you want to start at 8:30? CHAIRMAN STRAIN: Well,we could always--I think--I know the 5th is open,but it would have to be in the afternoon,so we could always continue to the afternoon. MR.YOVANOVICH: I start losing consultants on the 5th. CHAIRMAN STRAIN: And we also have the 6th in the afternoon. MR.YOVANOVICH: I am out of town the 6th and 7th. I mean,again--I mean,I'm trying to accommodate the request of Mr. Pritt. CHAIRMAN STRAIN: I don't care what time it gets over. MR.KLATZKOW: Do you want to start this at 8:30 like we used to do? It would buy you an extra half hour. CHAIRMAN STRAIN: I have no problem with that. MR.YOVANOVICH: I'm fine. CHAIRMAN STRAIN: Mr. Pritt? MR. PRITT: I have no problem with that. CHAIRMAN STRAIN: Okay. And I know the room's open all day, so 8:30 would be fine. I'd just as soon we just start at 5:30. Would you guys mind that? MR.YOVANOVICH: I'm good. I'm up. MR. PRITT: If you've seen some of the emails,probably 5:30 a.m.would be just fine. CHAIRMAN STRAIN: Yeah. If you see mine,that's when I send most of them,so--okay. Well, then-- MR. KLATZKOW: So just for the public's knowledge, it will be October 4th,this room, commencing 8:30,and we will continue this until done-- Page 14 of 19 September 15,2016 CHAIRMAN STRAIN: That's correct. MR.KLATZKOW: --if possible. CHAIRMAN STRAIN: And we'll continue it to the most immediate time. If we can't finish that day,I can assure you it will be Wednesday is the day that I've already been told part of that day's open,so-- MR. YOVANOVICH: Again,I think you can't be here on that day. My consultants have problems with going on the 5th,and I can't be here on the 6th and 7th. CHAIRMAN STRAIN: I've got no problem finishing it up on the 4th. How about the rest of you staying--if we have to stay longer? MR.KLATZKOW: I'll make coffee. CHAIRMAN STRAIN: If it looks like we've got an issue with time,we'll just have to shorten the time frames. A lot of people are going to be saying the same thing,and one of the things--we usually start out a meeting when we have public speakers is if you're going to say the same thing as someone before you, to save time,just simply come up and acknowledge you support the person who just spoke. That works just as effectively as restating the whole thing all over again. So I don't see with the amount of people that are here,and possibly the overflow,we couldn't get through that meeting-- MR.YOVANOVICH: I think we can. CHAIRMAN STRAIN: --in the time frame we're allotted for. MR.PRITT: Just one last thing. I want to make sure--I am not available on the 5th. I doubt if Rich is available on the 5th either. MR.YOVANOVICH: I am. You have City Council. I do not. MR. PRITT: You may be in the same place that I will be at. MR.YOVANOVICH: I don't think I have a city council meeting. MR.PRITT: I have city counsel. I have to go all day on the 5th. So I'm good from 8:30 a.m. on the 4th until about 7:30 a.m. on the 5th. CHAIRMAN STRAIN: We will efficiently manage the time on the 4th,and we'll get through. MR. PRITT: Thank you. CHAIRMAN STRAIN: With that,we have all parties in agreement. Is there a motion to continue PUDA-PL20160001865 to October 4th at 8:30 in the morning in these chambers? COMMISSIONER EBERT: I make that motion. CHAIRMAN STRAIN: Is there a second? COMMISSIONER CHRZANOWSKI: Whatever. Second. CHAIRMAN STRAIN: Okay. Motion made by Diane,seconded by Stan. Discussion? (No response.) CHAIRMAN STRAIN: All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 4-0. We'll see you then,and we'll take a 10-minute break so the room can change out. (A brief recess was had.) CHAIRMAN STRAIN: Ladies and gentlemen,the Planning Commission has to resume its business. If you were with the last action,please leave,if you could. And the Planning Commission members,as soon as they wander back up here--we'll find you out there in the audience somewhere. ***Okay. We have one other item on today's agenda. It's 10A. It's under new business. It's the PL20160000760,the Cemex Construction Materials Florida,LLC. It's for the sand mine located on State Page 15 of 19 September 15,2016 Road--west of State Road 29 by about a mile and a half off of State Road 82. This is an item for an EAC review, so we are sitting on this item as the EAC,not as the Planning Commission. So the elements of this are relative to the EAC review. First of all,all those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Disclosures from the Planning Commission? COMMISSIONER CHRZANOWSKI: Absolutely nothing. CHAIRMAN STRAIN: Tom? MR. EASTMAN: No. CHAIRMAN STRAIN: Diane? COMMISSIONER EBERT: None. CHAIRMAN STRAIN: Okay. And I have spoke a couple times with various staff members. I've talked to Emilio Robau. I don't know how to say his last name,but he's the engineer for the record. I've talked with Mr.Anderson. Those issues that I've brought up to the three of them will be rediscussed today. With that,Karen? COMMISSIONER HOMIAK: Nothing. CHAIRMAN STRAIN: Okay. Bruce, it's yours. MR.ANDERSON: Thank you,Mr. Chairman,Commissioners. My name is Bruce Anderson from the law firm of Cheffy Passidomo. And I'd like to introduce some of the folks here with me today,members of the project team. First of all,Mr.James Morris from Cemex Construction Materials Florida;Emilio Robau,the project engineer;Tim Hall,the ecological consultant on the project; Steve Leung from the-- is the transportation consultant;and we also have Mark Stephens,a geologist. This is an application for an excavation--commercial excavation permit for an 890-acre sand mine along State Road 82 next to the Hendry County line. A conditional use is already approved for the earth mine,and it contains conditions of approval with which this application complies except with regard to an acceleration lane which FDOT no longer uses or requires on state roads. Staff has no objection to that. As Mr. Strain mentioned today,you're wearing your hat as the county's Environmental Advisory Council and are guided by the county's excavation ordinance,and the standards are contained in the staff report which recommends approval. There was an issue with county staff regarding littoral zones,but we have acquiesced to staff on that issue but reserve the right to revisit it sometime in the next 30 years. And the project team members are available for questions,and we respectfully request your recommendation of approval. CHAIRMAN STRAIN: Thank you,sir. I don't know--I'll turn to the Planning Commission members first to see if they have any questions or concerns from the EAC viewpoint on this issue. Stan? COMMISSIONER CHRZANOWSKI: Is it too early to move to approve? CHAIRMAN STRAIN: I do have some questions. COMMISSIONER CHRZANOWSKI: Okay. It is too early. CHAIRMAN STRAIN: Diane,Karen, if you've got nothing. The acceleration lane issue is something between the staff and the applicant as far as how it applies, so it's not an EAC issue. I understand that is being worked--staff has found a solution to it. The littoral zones that were on the plans that were submitted were inconsistent with the conditional use requests or requirement for littoral zones. I've talked to Amelio and staff as well,and they've agreed that the littoral zone cross-sections will be redone to match what the conditional use required. And other than that, I didn't have anything that I saw wrong with the plans. We'll--so with that, we'll need the staff report. MR. McLEAN: For the record,Matt McLean,the director of developmental review. Our staff did the review of the particular commercial excavation application,which the applicant has submitted to us,and we concur with the additional clarification questions which Mr.Anderson has put on the table, specifically the FDOT's request to not have an acceleration lane as they're leaving the site.That's one item that they no Page 16 of 19 September 15,2016 longer utilize in their particular design. So we do have an email correspondence to that effect if we'd like to put that into the record just so that we've got a copy of that. CHAIRMAN STRAIN: It will be for the record,but it is an Environmental Advisory Board Council--Commission's issue,but certainly you can leave it for the record-- MR.McLEAN: Okay. CHAIRMAN STRAIN: --as long as you leave a cope with the court reporter. MR. McLEAN: Excellent. And then,secondly,with respect to littorals,yes,Mr. Chair,the littorals that are defined within your current plans that you have in your packet will need to be changed out to make sure that the littorals are consistent with the conditional use application. We did review those respective documents prior to the hearing with the applicant,and we both are in concurrence with the littorals moving forward. Essentially, it is a 4-1 slope that's 12-feet wide that essentially rings the entire lake. That is not required to be placed while they're in their commercial excavation activities but is required to be completed after they're done with the commercial excavation activities as they feed out to their final restoration. CHAIRMAN STRAIN: Okay. MR. McLEAN: With that,staff is supportive and recommend approval. CHAIRMAN STRAIN: Okay. Any other questions from the Planning Commission? COMMISSIONER CHRZANOWSKI: Just one comment. CHAIRMAN STRAIN: Well,is there--okay. COMMISSIONER CHRZANOWSKI: There is only one correct pronunciation of that word,and it is littoral. I say that over and over. It doesn't matter;nobody listens. CHAIRMAN STRAIN: Well-- COMMISSIONER CHRZANOWSKI: Thank you. CHAIRMAN STRAIN: --somebody might think we're literally trying to say anything, so... Is there any members of the public that wish to speak on this item? (No response.) CHAIRMAN STRAIN: Okay. Is there--if there's no further comments from the Planning Commission, is there a motion for PL20160000760? COMMISSIONER CHRZANOWSKI: Move to approve. CHAIRMAN STRAIN: With the changes recommended? COMMISSIONER CHRZANOWSKI: Yes,with the changes. COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: Seconded by Karen. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 4-0. That takes us to the next thing on our agenda. MR.ANDERSON: Thank you. CHAIRMAN STRAIN: Thank you,sir. And we are going to have a discussion. First of all, it's old business. We have old business next,and we have a problem. It seems that the calendar posted on the website and the calendar that Ray used and the calendar that Mike Brownlee used is not right. The 4th is occupied by the Board of County Commissioners at one o'clock in the afternoon. Page 17 of 19 September 15,2016 So I don't know--I'm not sure how this works. But what I'm suggesting--what I think we can do is we can meet here at 8:30,break at lunchtime and reconvene over at 609/610 if Ray or Mike can clear 609/610 on the 4th in the afternoon. Heidi,do you have any suggestions? MS.ASHTON-CICKO: I agree that would be the appropriate way to schedule it. CHAIRMAN STRAIN: Okay. I mean,I don't know what else to do. I mean,everybody checked and rechecked,and somehow something wasn't on the calendar. COMMISSIONER EBERT: Back to the 3rd. CHAIRMAN STRAIN: Well,everybody that was--I'm more concerned about the people. MS.ASHTON-CICKO: Everyone that was here was noticed for-- CHAIRMAN STRAIN: Your mike isn't picking up. MS.ASHTON-CICKO: So everyone that was here was noticed that it would be at 8:30 a.m. here on October 4th,so that's when we need to meet. The room is available. And then we'll continue it to,you know, the alternate location. CHAIRMAN STRAIN: That's all we can do unless--I mean,the Board, if they've got something scheduled--maybe the--Jeff seems to be very certain. He double-checked,and he said,nope,they are definitely going to be meeting on the 1st--at one o'clock that day. So, if something changes between now and then, it may free up the afternoon. If not,we'll just have to plan on--I'll get together with Troy Miller and see if we can make sure that room over at CDES is set up, and I don't know if it's available. Do you,Mike? MS.ASHTON-CICKO: If that's not available,there might be other alternate locations because we do have a very large group of people that were here today,and we do need to accommodate the public. So if that's not available,we'll look at other locations. MR. BOSI: There are--excuse me. Mike Bosi.There are two meetings already scheduled,one o'clock and a three o'clock. CHAIRMAN STRAIN: On when,the 4th? MR. BOSI: The 4th at 609/610. CHAIRMAN STRAIN: Oh, 609. Oh,well,on 609--oh. MS.ASHTON-CICKO: Well,I don't think we need to determine the location of where it's going to be moved as long as everybody's noticed,and we can put a notice up here if anybody shows up in the afternoon after we move it. Maybe there's something at the Lely Cultural Building,because I know that they have pretty large rooms over there. But there are some other options,and we'll look into it. COMMISSIONER CHRZANOWSKI: North County Park. CHAIRMAN STRAIN: And we do have a--pardon me? COMMISSIONER CHRZANOWSKI: North County Park has a big room,and it's a lot closer to these people. MS.ASHTON-CICKO: Right. CHAIRMAN STRAIN: And upstairs here we have the fifth room training room that's pretty large. But we need to find something-- MS.ASHTON-CICKO: The regional park has a huge room. So let's look at the options,and we'll--we can send out an email blast as to where it will be moved in the afternoon once that's determined. CHAIRMAN STRAIN: Well,it will only be moved if we can't complete it in the morning as well. So, I mean, I'd hate to see people say,well,heck,I'll just wait till it comes up to North Naples and go to that room. We won't need the room if nobody shows up here and speaks,so-- MS.ASHTON-CICKO: Well,correct,but I think we're all expecting a full day. CHAIRMAN STRAIN: Okay. We'll see where that goes. And I just wanted to let everybody know we have this little problem that came up after-the-fact. So we will still continue with the time--start time we had planned for the 4th. Is there any members of the public here wishing to comment on any items at this time? (No response.) Page 18 of 19 September 15,2016 CHAIRMAN STRAIN: Okay. With that, is there a motion to adjourn? COMMISSIONER CHRZANOWSKI: No. COMMISSIONER EBERT: I'll make a motion to adjourn. CHAIRMAN STRAIN: Diane made the motion. Seconded by-- COMMISSIONER HOMIAK: Second. CHAIRMAN STRAIN: --Karen. All in favor,signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. CHAIRMAN STRAIN: Opposed? (No response.) CHAIRMAN STRAIN: Then we're out of here.Thank you. ******* There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 10:14 a.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN,CHAIRMAN A FI'EST DWIGHT E. BROCK,CLERK These minutes approved by the Board on ,as presented or as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S.LEGAL SUPPORT, INC., BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC. Page 19 of 19 PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 1 of 13 September 2, 2016 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 15, 2016 SUBJECT: PUDA-PL20150002550 - MARCO SHORES GOLF COURSE COMMUNITY PUD [Companion Item: RZ-PL20160000382] ______________________________________________________________________________ PROPERTY OWNER/APPLICANT & AGENT: Owner: Agent: Collier County Robert J. Mulhere, FAICP c/o Real Property Management Hole Montes, Inc. 3335 Tamiami Trail East, Suite 101 950 Encore Way Naples, FL 34112 Naples, FL 34110 Applicant: Justin E. Lobb, Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, FL 34114 REQUESTED ACTION: An Ordinance of the Board of County Commissioners (Board) of Collier County, Florida, amending Ordinance Number 81-6, as amended, the Marco Shores Golf Course Community Planned Unit Development (PUD), providing for amendment to the PUD document to remove 6.5± acres from the PUD; providing for amendments to the legal description; providing for amendment to the Master Plan; providing for repeal of Resolution No. 09-256, which granted a parking exemption; and providing for an effective date for property. GEOGRAPHIC LOCATION: The subject property, consisting of 6.5± acres, is located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East. Collier BLVDTamiami TRL E CHARLEEESTATES REGALACRES MARCO SHORESCOUNTRY CLUB MARC.SHRS/FIDLR'SCRK MARC.SHRS/FIDLR'SCRK MARC.SHRS/FIDLR'SCRK MARC.SHRS/FIDLR'SCRK MARC.SHRS/FIDLR'SCRK WALNUTLAKES PARADISEPOINTE RVRESORT COPPER COVEPRESERVEPELICANLAKE A.S.G.M. BUSINESSCENTER (EX) RIVERBEND SILVERLAKES ARGOMANATEE PORT AU PRINCE DRIVE COLLIER BOULEVARD ( S.R. 951 )OCHO RIOSSALINAS DRIVEMOON BAY STREETISLE ST. THOMASSHE LL ISLA ND ROA D BE NT CREEK CT CREEK WAYBENTFIDDLER'S MALLA RDSPOI NTMALLARDS POINT CREEK MALLARDSWAYFIDDLER'S CR EE K PARKW AY PARKWAYCOLLIER BOULEVARD ( S.R. 951 )FIDDLER'S CREEK PARKWAYCLUB CENTER BOULEVARD BOULEVARDCENTERCLU B MA R SH DRIV E MAJORCA LANE CL UB C E N TER B O U LE VA R D RUNAW AY LANEFIDDLER'S CREEK PARKWAYPE PPERTREE WAYFIDD LE R 'S CR E E K P KWY BELLAGIO DRIVECOLLIER BOULEVARD ( S.R. 951 )COLLIER BOULEVARD ( S.R. 951 )MAINSAIL DRIVE MAINSAIL DR COLLIER BOULEVARD ( S.R. 951 )COLLIER BOULEVARD ( S.R. 951 )MAINSAIL DR COLLIER BOULEVARD ( S.R. 951 )COLLIER BOULEVARD ( S.R. 951 )COLLIER BOULEVARD ( S.R. 951 )RUNA WAY COU RTRUNAWAYLANE RUN AW AY LAN EHYAC IN TH D RIVE HYAC INTHDRIVE 22B TRACT B DIAMOND SHORES CONDO PHASE I(F/K/A WOODLAKE CONDO) TRACT A TRACT A DIAMOND SHORES CONDO PHASE II(F/K/A WOODLAKE CONDO) TRACT B-51D TRACT L-4A ED TRACT L-7A PHXIV TRACT C-51 PH XIII F GTRACTC PH XII TRACT L-7A-51 TRACT L-1 TRACT RTRA CT F -49 B WHISPER TRACECONDO TRAC T B-5 0C PH X PH XI TRACT L-5 TRACT B -51 C TRAC T B-5 0B TRA CT F PH VIII TRA CT B-1TRACT B-5 0ABPH IXTRACT P-1 TRA CT B-51 B TRACT R TRACT R TRA CT EA PH VII TR B-51A PH VITRACT A TRACT RTRACT L-6 BTRACT DPH V TRACT L-4PH IV ATRACT L-3 TRACT BTRACT L-2 PH III BPH II PH I BLDGA TRA CT ATR CTRACT B-2 TRACT F-1 ATRACT B-1 TRACT FC-1 TRAC T B-2 A TRACT D-1 TRACT FC-3 PH XIX A Golf Course Parcel 4 TRACT RTRACT C TRACT R-2TRACT C TRACT F-29 TRACT B-2TRACT B-4TRTRACT FC-2 B-2TRACT B TRACT B-2TRACT F TRACT G TRACTF-47B TRACTGC-5 TRACT B-1TRACTF-26B TRACT F-47 TRACT L-34TRACT G TRACT H TRACT R TRA CT R-4 TRTRTRGC-4BTRACTR-2B-7B B-1TRACT C X TRTRACTB-7A TRA CT R-3TRACT FGC-1TR A C T ATRACT F-47ATRACT E TRACTTRACT L-34A TRACT GC-5 L-65TRACTTRACT GTRACT RGC-4A TRACT R-1TRACT B-1TRB-7C TRACTTRACTBL-35 TR B-1 TRTRACT FGC-8TRACT R GC-4CTRACT RTRACT FC-3 TRACT FH TRACT L-34BGTRACT B-1 TR U-1 TRAC T B-5 0D TRACT C TRF-143TRTRACT B B-8TRACT 6421412 TRACTTRACT L-9 TRACTFC-4403 L-36439538 376 TRACT L-8 367 358 34933103211 3112 3013 14 29 15 28 TRACT B-41627 TRACT A 17 26 2518 19 2420212223 TRACT FC-3 CONSERVATION TRACT #10 TRACT A MAINSAIL IICONDO MAINSAIL ICONDO TRAMAINSAIL IIICONDO TRACT TRACTU1 FAIRWAYS II ATMARCO SHORES CONDOU2 TRACT U3(L AKE ) CONSERVATION TRACT #9 TRA CT LTRACT O(LAKE) TRACT M(LAKE) FAIR WAYS IATMARCOSHORES CON DO MAINS AIL IVCONDO TRACT PTRACT T (LAKE)TR L CONSERVATION TRACT #9 TRACTTRACT C K TRACT A TRACT K TRA CTB TRACTHTRACT G(GO LF COURSE) RIA LTO ATHAMMOCK BAYCONDO TRACT J(GO LF COURSE)TRACTF(LAKE) TRACT E TRACT I(LAKE) TRACT Y(LAKE)TRACT D GOVT LOT 3 GOVT LOT 2 GOVT LOT 4 1 AVERSANA ATHAMMOCK BAYCONDO TRACT B TRACT "N" TRACT "P"TRACT T(LAKE)TR TRACT "Q""M" TROPIC SCHOONERCONDO MAR CO ISLA ND AIRP OR TTRACT E TRACT S(LAKE) TRACT N TRACT R(LAKE) MARCO ISLAND AIRPORT GOVT LOT 1 GOVT LOT 8 GOVT LOT 5 GOVT LOT 6 GOVT LOT 7 GL 1 GL 4 BEARPOINT GL 5 GOVT LOT 9 TRAC T Z TRAC T X (LAKE) TRAC T W (LAKE) CONSERVATION TRACT #6 DEVELO PMENT TRACT #B CONSERVATION TRACT #5 CONSERVATION TRACT #5 DEVELO PMENT TRACT B CONSERVATION TRACT #4 CONSERVATION TRACT #2 CONSERVATION TRACT #3 CONSERVATION TRACT #1 DEVELO PMENT TRACT ADEVELOPMENT TRACT ADEVELOPMENT TRACT A DEVELO PMENT DEVELO PMENT TRACT A DEVELO PMENT TRACT A GL 1GL 1 GL 4 TRACT V (GOLF COURSE) TRAC T A GL3 GL 5 GL 5 GL 4 GL 4 GL 3 GL 2 GL 2 GL 1 PH XIII PH XIV PH XV PH XVI PH XVII PH XVIII PH 19 PH 20 PH 21 PH 22 PH 23 PH 24 PH 25 PH 26 PH 27 PH 29 PH 30PH 31 TR B TRACT A TRACT A TRACT C TR D SER ANO ATHAMMOCK BAYCONDO TRAC TB-1 TRACT B-2 PH XXXII PH XXXIII LESINA ATHAMMOCK BAYCONDO PH 28 84 47 TRAC T B-50E PH XVPOO L 37 160 159 157 155 153 158 156 154 152 150 148 146 144 151 149 147 145 143 142 TRACT B5 111 TRACT D BLDGC BLDGB BLDGE BLDGG BLDGD BLDGF BLDGI BLDGH BLDGK BLDGL BLDGJ BLDGM BLDGN TRACTGC-5 TROPIC SCHOONERCONDO BORGHESE ATHAMMOCK BAYCONDO TRACT ATRACT DISLES OF CAPRIPADDLECRAFTPARK X4 À1 À2 À21A À22A À41 À42 À61 À62À3À4À21BÀ44À63À64À5À6À23À24À45À46À65À66À7À8À25À26À67À48À68À9À10À27À28À49À69À50X8À70 À1.2À11À12À29À30À51À52À71À72À13À14À31À32À53À54À73À74 À1.1À15À16À33À34À55À56À75À76À17À18À35À36À57À58À77À78À1.3À19À20À38À59À60À79À80 À79A À80A À140 À120À139 À119 À81 À82 À118À138 À117À137 À83 À136 À116À135 À115 À85 À86 À134 À114À133 À113 À87 À88 À132 À112À131 À89 À90 À130 À110À129 À91 À92 À108À128À127 À107 À93 À94 À106À126À125 À105 À95 À96 À124 À104À123 À103 À97 À98À141À122À102À121À101À99À100 À49À43 À1À11À50À1À44À1À20À51À1À21À10À45À52À22À19À9À46À1À23À18À8À40À47À41À24À1À39À42À17À1À7À38À48À37À16À6À36À1À15 X1 À5À1 À35À20À21 À14À19À4À22À34À1À18À23À13À33À3À1À24À17À12À32À2À16À31À25À1À15À1À1À30À26À14À1À1À29À13À27À28À6À12À37À1À1À2À5À1À11À36À20À4À10À35À1À3À9À19À1À34À8À2 À1 À33À18À1À7À1À1 À1 À32À17 À31À16À30À15À1 À29À14À1À2À3À1À13À28À4À5À12À1À6À7À8À27À9À11À1À10À1À1 À2À3 À18 À2 À4 À17À5 À19À6À1À1À7À16À8À20À9À15À10À11À12À13À14À21À1À1À22À1 À23À1 À1À1 X3 À10 À35À11À24À36À10À11À37 À23 À38À9À39À12À40À8À22À41À13À7À42À21À43À6À1À14À44À20À5À45À1À46À15À19À4À47À1À1À3À16À48À1À18À3À49À2À17À50À1À1À1À1 À1 À1 À1 À1 À1 X5 À1 À1 À1 À1À1À8À7À1À1À6À5 À1À4À1À1À1À3À1À9À2À1 À1À1À10À1À1À19À11À1 À1À1À18À1.1 À1À1À12 À1À1À17À1À1À1À13À16À35À1À1.1À1À1À14À34 À1À33À1 À1À15 À1 À32À31À30À25À29À26À28À27 À1À28À1 À1 À1 À1 À1 À1À1À43À1À1 X1À1À42À1À2À41À3À40À4 À1À39À5 À1À38À6À1À37À1 À7 À36 À8 À35 À9 À34 À10 À33 À26 À11 À32À25À12À31À13À24À30À14À29 À1À15À28 À1 À16 À27 À26À18À17À25À19À24À20À1À21À22À23 X2 X4 X1 X3 X1 À1 À2À4À1 À2 À1 À1 À9 À1 X1.1 À1 À1À5 À1 À1 À1À1 À1 À1 À1 À1 À1 À1 À1À1 À1À2 X1 À1 À6 À1 À1 À1 À1 ÀB1 À5 À5 À1 ÀB1 À4 À2 À3 À1 ÀA1ÀAÀA3ÀA X4 ÀA2 X2 X1 À1 À1 X6 À2À1 À1 À1À1.3À1 X2 À1 À1À1 À1 À1À1.2 À1 À1 À1À1 À1 X1 X2 X1 X2 X1 ÀA ÀA1 X1 X1.1 X1 X1 X1 X1 X1.1 À1 X1 X1 X1 X2 X1 À1 À1.1 À1.1 À1.1 À2 X4.1 X4.1 X4.1 X1 X1 X4.1X4.1 À1 À1 À1 À2 À2 À1À2À3À4À5À6À7À8 À9 À10 À1 À1 À3 À43 À109 X9 X113 X5 À1.1 À1.1 À1 X7 X1 À1 À2 À3À4À5À6À7À8À9À10 À11 À12 À13À14 À15 À16 À17À18À19À20À21À22À23À24À25À26À27À28À29 À30 À31 À32À33 À34 À35 À36 À37 À38À39 À40 À41 À42À43À44 À45À46À47À48À49À50À51À52 À53À54À55À56À57 À58À59 À60 À61 À62 À63 À64 À65 À66 À67À68 À69À70 À71 À72 À73 À74 À75À76À77 À78À79 À80 À81À82À83À84À85À86À87 À88 À89À90 À91À92 À93 À94À95À96À97 À98 PE PUD RSF-3A RSF-3 A PUD PUD CON-ST CON-ST MH A-ST A CONCON P PUD CON-ST MARCO SHORESCOUNTRY CLUB MARC.SHRS/FIDLR'SCRK Location Map Zoning Map Petition Number: PL-2015-2550 PROJECTLOCATION SITELOCATION ¹ PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 2 of 13 September 2, 2016 PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting to amend this PUD in order to remove the 6.5± acres from the PUD and rezone to Public Use (P) in connection with the companion petition RZ-PL20160000382. The proposed changes can be found in the proposed ordinance (see Attachment #1 — Proposed Ordinance). The applicant is also requesting to have Resolution 09-256 repealed as it would no longer be needed if this petition were approved. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject parcels: North: State-owned preserve, zoned Conservation-Special Treatment (CON-ST). East: Airport (Marco Island Executive Airport), zoned P. South: Tract Z of Hammock Bay (golf course maintenance facility) of Marco Shores Golf Course Community, zoned PUD and state-owned preserve, zoned CON- ST. West: Tract P of Marco Shores Unit One (designated park site) of Marco Shores Golf Course Community and Tract Z of Hammock Bay (golf course maintenance facility) of Marco Shores Golf Course Community, all of which are zoned PUD. (See aerial map on the following page) PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 3 of 13 September 2, 2016 Aerial (County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions, for the most part, apply to residential development and pose no limitations upon this request. The existing Marco Shores Golf Course Community PUD (Ord. 81-6, as amended by Ord. 85-56 and Ord. 94-41) allows residential-golf course development at a density of approximately 4.9 DU/A (1,530 DUs on 314.5± acres). The part of these companion petitions pertaining to the PUD amendment request does not increase the density or add uses. Applicable FLUE policies were evaluated by staff as part of the original (1981) PUD request. The proposed changes do not necessitate new re-evaluation of applicable FLUE policies. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible wi th the surrounding land area. Comprehensive Planning staff leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Subject Property PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 4 of 13 September 2, 2016 Based upon the above analyses, the proposed planned unit development amendment and rezone may be deemed consistent with the FLUE (see Attachment #3 - Comprehensive Planning Consistency Review). Transportation Element: Transportation Planning staff has reviewed the petitioner’s Traffic Impact Memo randum noting that, “The rezone, in and of itself, does not have any associated traffic impacts. It simply provides for unified zoning of the Airport property”. Additionally staff confirmed that the adjacent roadway network has sufficient capacity to continue to accommodate this PUD amendment within the five (5)-year planning period and found it consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found the rezone and amendment to the PUD to be consistent with the Conservation & Coastal Management Element (CCME). The land covered by this application has been previously cleared and filled, and located in an area identified for development pursuant to the Deltona Settlement Agreement. In addition to identifying areas for development, the Deltona Settlement Agreement also set aside much of the land covered under the Settlement Agreement, for conservation purposes, most of which were deeded over to the state of Florida. These conservation lands were previously determined by the Planning and Zoning Manager to satisfy the onsite preserve requirement pursuant to CCME Policy 6.1.1, for land to be developed under the Deltona Settlement Agreement. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. ANALYSIS: Applications for amendments to, or rezoning to, the PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC. Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board, who in turn use the criteria to support its action on the rezoning or PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 5 of 13 September 2, 2016 amendment request. An evaluation relative to these subsections is discussed below, under the heading “Zoning Services Analysis.” In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed both the PUD and companion petitions to address environmental concerns. The petitions do not require review by the Environmental Advisory Council (EAC) since they did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. The land covered by the rezone and amendment to the PUD has been previously cleared and filled, and identified as an area to be developed pursuant to the Deltona Settlement Agreement. Preserved lands surrounding the PUD, as shown on the master plan, were required by the Deltona Settlement Agreement to be either deeded over to the state of Florida or placed in a conservation easement. These preserved lands are not a part of the PUD and are now owned and managed by the state of Florida as part of the Rookery Bay National Estuarine Research Reserve. They are also included in the Conservation Designation on the County Future Land Use Map (FLUM). Landscape Review: Staff has no objections to this request. It should be noted, however, that all future development must be compliant with the LDC requirements with respect to landscaping and buffering. While not labeled on the proposed master plan, staff believes there is adequate space on Tract Z of Hammock Bay and on Tract P of Marco Shores Unit One to accommodate required landscape buffers along the new PUD boundary where abutting the property to be rezoned. Conflicts with existing easements, if any, would be addressed at the time of SDP or plat approval. Transportation Review: Approved. Utilities Review: The Marco Shores Golf Course Community PUD is located within the Collier County Water-Sewer District boundary but is excluded from County service area pursuant to an Interlocal Agreement with the City of Marco Island, which provides both water and wastewater services to that development, referred to as the Hammock Bay Service Area. Pursuant to that agreement, the City of Marco Island purchases bulk water from the Collier County Water-Sewer District via a master meter near the intersection of Collier Boulevard and Mainsail Drive. The City of Marco Island has reviewed this PUD amendment, and has determined the proposed conceptual development will have an impact on its water and sewer infrastructure within the area being rezoned. The City does not object to the rezoning so long as the County pays for and relocates the affected City infrastructure via an Interlocal Agreement to be executed prior to redevelopment of the area. Zoning Services Review: The Marco Shores Golf Course Community PUD Document, including the master plan, would be amended by deducting 6.5± acres, which would be rezoned to P (in connection with the companion petition RZ-PL20160000382). The 6.5± acres is comprised of Tract Q of Marco Shores Unit One and a portion of Mainsail Drive. Staff has no objection to the requested changes to the PUD Document. The request would also repeal Resolution 09-256, which allows the construction of an off-street parking area (for the Collier County Airport Authority) to serve the employees and patrons of the Marco Island Executive Airport. Staff has no objection to PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 6 of 13 September 2, 2016 repealing this resolution. With respect to open space, this requirement would be achieved as stated in the backup material (see email from Paula McMichael to Eric Johnson in Attachment #2 – Application and Support Material). The drawing labeled Aerial Photograph (see Attachment #2 – Application and Support Material) reveals the subject property is currently vacant (except for the improvements to Mainsail Drive), so no known non-conformities would be created if this petition were to be approved. Likewise, rezoning to P would not cause the existing building on Tract Z of Hammock Bay to become non - conforming with respect to setbacks because the setback required on GC sites within the Marco Shores Golf Course Community PUD is where buildings would abut a residential district, which would not be the case with the companion petition. If the companion petition is approved, the maximum building height will be forty-five (45) feet above finished grade of the lot for any buildings proposed on the property to be rezoned to P. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: 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. The existing area is suitable for the proposed PUD amendment with respect to the characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities (if any). The City of Marco Island currently provides water and wastewater service to the Marco Shores Golf Course Community PUD. The County will relocate the City’s affected water and sewer infrastructure at no cost to the City to accommodate the proposed improvements. The County will execute an Interlocal Agreement with the City prior to development. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney’s Office, demonstrate unified control of the property. PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 7 of 13 September 2, 2016 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The Marco Island Executive Airport currently exists and operates today. This petition seeks to deduct 6.5± acres from the PUD and add it to the airport property. Staff determined the internal and external compatibility of the PUD would be satisfied. The drawing labeled Building Area Plan (Future Build-Out) shows the closest building is 50 feet from the new PUD boundary along the east perimeter where abutting the property to be rezoned to P. While not labeled on the proposed master plan, staff believes there is adequate space on Tract Z of Hammock Bay and on Tract P of Marco Shores Unit One to accommodate required landscape buffers along the new PUD boundary where abutting the property to be rezoned. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The proposed amendment would remove 6.5± acres from the PUD. The updated master plan (see Exhibit C of the PUD Document) shows the project would provide 182.2 acres of GC – Golf Course, Club & Open Space, which represents 57.8% of the total area. If the Parks and category is added (5.2 acres), this increases the open space area to 187.4 acres or 59.5%. According to the applicant, there are other areas in the PUD that qualify for useable open space, up to 67.7% of the total land area (see email from Paula McMichael to Eric Johnson). 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The applicant asserts, “All necessary improvements and facilities are already in place to serve this development.” The proposed rezoning is net neutral in the number of peak hour trips according to the transportation memo provided by the agent as part of this petition. Operational impacts will be addressed at time of first development order [site development plan (SDP) or plat (PPL)]. Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 8 of 13 September 2, 2016 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, such as wastewater disposal systems and water supplies to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will continue be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. If developed in the future, the remaining portion of the PUD where abutting the property to be rezoned (i.e., Tract Z of Hammock Bay and Tract P of Marco Shores Unit One) will be required to comply with the landscape and buffering requirements of the LDC at the time of SDP or plat approval. Conflicts with existing easements, if any, would be addressed at such time. No deviations are being requested with this petition. Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning portion of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No isolated zoning district would be created because the abutting p roperty (Marco Island Executive Airport) is already zoned P. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Tract Q of the Marco Shores Unit One plat and a portion of Mainsail Drive comprise the land area to be rezoned in connection with this petition. Both are already owned by Collier PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 9 of 13 September 2, 2016 County. The new PUD boundary would be consistent with the easternmost boundary of the plat for Tract Q and the westernmost extent of Mainsail Drive. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the deduction of 6.5± acres from the PUD for the use of the Marco Island Executive Airport would adversely impact living conditions in the PUD. No residential land uses directly abuts the subject property to be rezoned. As of August 12, 2016, Code Enforcement has not received any complaints against the Marco Island Airport in the last five (5) years. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed rezoning is net neutral in the number of peak hour trips according to the transportation memo provided by the agent as part of this petition. The project’s development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of SDP or PPL review. 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem, as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 10 of 13 September 2, 2016 is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the proposed amendment would be a deterrent to the improvement of the vacant land to the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The current PUD Document does not list “airport” as a permitted principal use. The property owner is choosing to rezone the property to P rather than requesting to add “airport” as a principal use in the Marco Shores Golf Course Community PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion the proposed transfer of 6.5± acres from the PUD to the Marco Island Executive Airport is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP, and again later as part of the building permit process. PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 11 of 13 September 2, 2016 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent, Mr. Bob Mulhere with Hole Montes, Inc., along with Mr. Justin Lobb, Airports Manager of the Collier County Airport Authority, conducted a duly noticed NIM on June 22, 2016 at the Collier County South Regional Library at 8065 Lely Cultural Parkway in Naples. This meeting served as the required NIM for this petition as well as for the companion rezoning application (RZ-PL2016000382). The meeting commenced at 5:30 p.m. and finished at 6:07 p.m. The NIM Summary is included in Attachment #2 – Application and Support Material. Mr. Lobb stated the proposed building height on the subject property would be two (2) stories [at about forty (40) feet to forty-five (45) feet tall]. Later in the meeting, Mr. Mulhere mentioned he thought the maximum zoned height in the P district is forty (40) feet. Mr. Lobb indicated that the maximum height could be no greater than fifty-five (55) feet because of F.A.A. regulations. However, as detailed in the Zoning Review portion of this staff report, the maximum height (for the subject property) will be forty-five (45) feet above the finished grade of the lot. During the NIM, because of concerns of future damage to Mainsail Drive when construction activity commences, the applicant suggested that a pre-construction video be created to assist in any damage assessment. To address the concerns of the residents, the applicant has now offered to provide said video (see Conditions of Approval). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report on August 31, 2016. PUDA-PL20150002550 – Marco Shores Golf Course Community PUD Page 12 of 13 September 2, 2016 RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments: 1) Proposed Ordinance 2) Application & Support Material 3) Comprehensive Planning Consistency Review 4) Density Map 5) Letters from Conservancy of Southwest Florida and Memorandum of Understanding ORDINANCE NO. 16 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 81-6, AS AMENDED, THE MARCO SHORES GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), PROVIDING FOR AMENDMENT TO THE PUD DOCUMENT TO REMOVE 6.5f ACRES FROM THE PUD; PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; PROVIDING FOR AMENDMENT TO THE MASTER PLAN; PROVIDING FOR REPEAL OF RESOLUTION NO. 09-256, WHICH GRANTED A PARKING EXEMPTION AND PROVIDING FOR AN EFFECTIVE DATE FOR PROPERTY LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL20150002550] WHEREAS, on September 8, 1998, The Board of County Commissioners approved Ordinance Number 81-6, which established the Planned Unit Development (PUD) now known as the Marco Shores Golf Course Community PUD zoning classification; and WHEREAS, the PUD was amended by Ordinance Nos. 85-56 and 94-41 and Collier County Planning Commission Resolution No. 01-29; and WHEREAS, the Collier County Airport Authority, represented by Robert Mulhere, of Hole Montes, Inc. petitioned the Board of County Commissioners to amend the Marco Shores Golf Course Community PUD, to remove property from the PUD that will become part of the Marco Island Executive Airport. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION I: AMENDMENTS TO THE PLANNED UNIT DEVELOPMENT DOCUMENT, OF ORDINANCE NUMBER 81-6, AS AMENDED The Planned Unit Development Document to Ordinance Number 81-6, as amended, is hereby amended and superseded by Exhibit A attached hereto and incorporated by reference herein. [16 -CPS -01527] 63 Marco Shores Country Club PUDA 8(30(16 Page 1 of 2 SECTION II: AMENDMENT TO MASTER PLAN Exhibit E, Site Plan also known as the Master Plan, is hereby amended and replaced with Exhibit E attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO THE LEGAL DESCRIPTION The Legal Description, Exhibit G of the Development Plan, is hereby amended to remove the 6.5 acre parcel described in Exhibit G attached hereto and incorporated herein. SECTION IV: REPEAL OF RESOLUTION NO. 09-256 WHICH GRANTED A PARKING EXEMPTION Resolution No. 09-256 is hereby repealed in its entirety. SECTION V: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A — Planned Development Document Exhibit E — Master Plan Exhibit G — Legal Description [ 16 -CPS -01527163 Marco Shores Country Club PUDA 8/30/16 2016. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 DONNA FIALA, Chairman PLANNED UNIT DEVELOPMENT DOCUMENT N E MARCO SHORES GOLF COURSE COMMUNITY A PLANNED RESIDENTIAL COMMUNITY • •. • _ Fir•TiT• Exhibit A INDEX Exhibit G Legal Description Exhibit H EIS Waiver Exhibit J Statement of Conditions for Approval Page 2 of 23 Words underli are added; words stmek thretigh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx Page List of Exhibits ii- 2 Statement of Compliance iii 3 Property Ownership & Description - Section I 444 Project Development - Section II 2-46 Utility Services - Section III -3-1- 9 Multi -Family - Section IV 4-411 Golf Course - Section V -5-416 Utility Area - Section VI 6-419 Development Commitments - Section VII -7-421 LIST OF EXHIBITS Exhibit B Vicinity Map Exhibit C Aerial Photograph Exhibit D Boundary Map Exhibit E Master Plan Exhibit G Legal Description Exhibit H EIS Waiver Exhibit J Statement of Conditions for Approval Page 2 of 23 Words underli are added; words stmek thretigh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx STATEMENT OF COMPLIANCE The development of approximately 324 314.7 acres of property in Sections 26, 27 and 28, Township 51 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as Marco Shores Golf Course Community will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. Marco Shores Golf Course Community will meet the planning and development objectives for the following reasons: (1) The project is vested under the provisions of Chapter 380, Florida Statutes. The determination of vesting provided for in Chapter 380.06(4)(a) has been completed. The project is vested for 1980 residential units. (2) The project is in compliance with Collier County Ordinance Number 77-66 requiring an Environmental Impact Statement (E.I.S) prior to rezoning. An E.I.S. Waiver, Exhibit H, has been approved in accordance with the provisions of Ordinance Number 77-66. (3) The project is in compliance with Collier County Comprehensive Plan and Official Land Use Guide. (4) The project has adequate community facilities and services as defined in Section 48, Paragraph 5 of the Collier County Zoning Ordinance as provided by existing services and facilities or to be provided by the developer as indicated within this PUD Document. (5) The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. Page 3 of 23 Words underlined are added; words stfuek thwagk are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 INTRODUCTION AND PURPOSE It is the intent of The Deltona Corporation (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 324 314.7 acres of property located in the Marco Island community, Collier County, Florida. It is the purpose of this document to provide the required detail and data concerning the development of the property. 1.02 NAME The development will be known as Marco Shores Golf Course Community (hereinafter called "Marco Shores"). 1.03 LEGAL DESCRIPTION The legal description is as described in Exhibit G, Legal Description. 1.04 TITLE TO PROPERTY The property is partially developed, and ownership is in multiple parties at the present time. The Johnson Bay Development Corporation is the contract purchaser of currently platted Tracts B, C-2, D, E-2, F, G, H, J, K, L, M, P and R as depicted on Exhibit "E". 1.05 GENERAL DESCRIPTION OF PROPERTY AREA The general location of Marco Shores is illustrated by Exhibit B, Vicinity Map. The project site contains approximately 31.314.7 acres of property. It is bordered on the west by State Road 951. At the time of this application, the property was zoned A. A portion of the property at the western boundary includes approximately 0.5 acres of tidally influenced wetlands composed of both excavated drainage canals and mangrove areas. Within the boundary of the project site, there presently exists a golf course with supporting clubhouse and maintenance facilities and a road providing access to the golf course and the Marco Island Airport located to the east of the subject area. Page 4 of 23 Words underlined are added; words stwek4hfetg are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx 1.06 PHYSICAL DESCRIPTION The entire site, except for a small portion of the wetland area (mangroves) adjacent to SR -951, has been subject to previous construction alterations. Development of man-made lakes outside and along the northern limits of the site, as well as several lakes within the property boundary, were the source for the fill material used to bring the site to its present elevational setting. Elevations within the site range from a maximum of +15' N.G.V.D. to approximately +5' N.G.V.D. along the top of bank adjacent to both the unnamed lake to the north and the mangrove area bordering Macilivane Bay to the south. Lower elevations are found immediately adjacent to and within the internal lake areas. The topography generally slopes gently towards the internal lakes or the boundaries of the site. The soils of the site are composed of the sands, shells and crushed limerock deposited as the spoil fill material from lake construction within and adjacent to the project area. Aside from the landscaped and grassed areas of the golf course and support facility, the vegetation of the site is characterized by scrub ground cover which normally establishes itself on disturbed fill area. Page 5 of 23 Words underlined are added; words struelct#r-eegh are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016),docx SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to describe the general plan of the development and delineate the conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of Marco Shores is for a planned residential community of multi -family dwelling units and golf course. 2.03 SITE PLAN APPROVAL When site plan approval is required by this document, a written request for site plan approval shall be submitted to the Community Development Administrator for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such materials may include, but is not limited to the following, where applicable: A. Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas, refuse and service areas; and required yards and other open spaces; B. Plans showing proposed locations for utilities hook-up; C. Plans for screening and buffering with references as to type, dimensions and character; D. Proposed landscaping and provisions for trees protected by County regulations; and E. Proposed signs and lighting, including type, dimensions and character. 2.04 LAND USE Unless otherwise stated, what is discussed in this Section is the 320 acres of upland depicted in Exhibit E. This in turn is part of Unit 30 for purposes of planning and land management. For purposes of this Ordinance, Unit 30 shall mean that area which is more specifically described on that joint permit application of Applicant filed on May 3, 1977 with the Florida Department of Environmental Regulation and the U.S. Army Corps of Page 6 of 23 Words underlined are added; words struele through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx Engineers. A schedule of the intended land use types subject to this Section, with approximate acreages and total dwelling units, is shown on Exhibit E, Site Plan. Minor variations in acreages, not to exceed 3% of the total 320 upland acres, shall be permitted at final design to accommodate final development plans. The specific location and size of the individual tracts and the assignment of dwelling units on the 320 acre uplands site shall be submitted to and approved by the Community Development Administrator at the time of Site Plan approval of each development phase. Approval is hereby given to construct up to 500 dwelling units on the 320 -acre Marco Shores site. Beyond the initial 500 units, construction of additional units requires approval by the Board of County Commissioners in accordance with the standards set forth below. While the 500 units are hereby approved, it has been determined that the Marco Shores site will accommodate construction of the number of units allowed by the Land Use Element of the Collier County Comprehensive Plan dated May 8, 1979 (the Collier County Comprehensive Plan) subject, however, to the following: Traffic improvements as required to alleviate congestion and improve safety on Route 951, such as widening to accommodate additional traffic lanes, traffic signals, turn lanes, reduced speed limits, or alternatives as may be required in accordance with Section 8.04.13 of this Ordinance. 2. Reduction of wetlands now proposed by applicant for development in Unit 30. Such efforts may include clustering, more intensive use of uplands, and land trades that would shift development to uplands. In determining the maximum number of allowable dwelling units on the 320 -acre Marco Shores site, consideration shall be given to Applicant's overall development plans for the Marco Beach Subdivision, including a review of: A. The status of permitting as it affects property in the Marco area which is owned or being required by Applicant, including Unit 30; B. The status of any completed or pending land exchanges through which Applicant has obtained, or has the prospect of obtaining, developable property located in the Marco area; C. Combined density for the 320 -acre Marco Shores site, the rest of the Unit 30 site, and any contiguous land which Applicant has acquired or may acquire through exchange; and D. Based upon proper land management considerations, principally involving a preference for upland as opposed to wetland development, the most suitable distribution of density over the property Applicant may develop as part of the Marco Beach Subdivision. Page 7 of 23 Words underlined are added; words stmek thwugh are deletions H:\2015\2015089\WP\PUDA\CCPCWIarco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx If, as a result of the foregoing review, it is determined that the maximum number of dwelling units on the 320 -acre Marco Shores development should be other than the number allowed by the Collier County Comprehensive Plan, this Ordinance shall be amended with respect to the maximum number of dwelling units to be permitted on the Marco Shores site. In order to afford flexibility to the County in determining the maximum number and distribution of dwelling units on the 320 -acre Marco Shores site, Applicant shall not make irrevocable commitments to purchasers with respect to land uses on the unsold portions of the 320 -acre site, or any other portion of the Unit 30 planning site. 2.05 PROJECT DENSITY The total acreage of the Marco Shores property is approximately 324 314.7 acres. The maximum number of dwelling units to be built on the total acreage is 1580. The number of dwelling units per gross acres is approximately -4-.9 5_0. The density on individual parcels of land throughout the project will vary according to the type of dwelling units placed on each parcel of land. 2.076 AMENDMENT OF ORDINANCE Both the County and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 3 to 10 years, recognize that exceptions, variances or amendments to this ordinance may be necessary in the future. There may be changes in planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. 2.097 TREE REMOVAL All clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. 2.098 DEFINITIONS Definitions shall be as contained in the Zoning Ordinance of Collier County. 2.4-009 FRACTIONALIZATION OF TRACTS Each fractionalized tract shall be a minimum of five acres. Page 8 of 23 Words underlined are added; words stwek-threegh are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx SECTION III UTILITY SERVICES TO MARCO SHORES 3.01 WATER SUPPLY AND TREATMENT FACILITIES Marco Island Utilities, Inc. will provide water supply and treatment facilities to the project. Untreated water is available from 12" and 14" Marco Island Utilities, Inc. water mains adjacent to State Road 951 on the west boundary of the property. Location of the water treatment facility is indicated on Exhibit E, Site Plan. 3.02 SEWAGE TREATMENT FACILITIES Marco Island Utilities, Inc. will provide sewage treatment facilities to the project. Location of the sewage treatment facility is indicated on Exhibit E, Site Plan. 3.03 SOLID WASTE COLLECTION Solid waste collection for the Marco Shores project will be handled by the company holding the franchise for solid waste collection for the County. 3.04 ELECTRIC POWER SERVICE Florida Power & Light Corporation will provide electric service to the entire project. 3.05 TELEPHONE SERVICE Telephone service will be supplied to the Marco Shores project by United Telephone Company of Florida. 3.06 TELEVISION CABLE SERVICE Television cable service will be provided by Gulf -Coast Cable -Vision, Inc. of Naples. 3.07 EASEMENTS FOR UNDERGROUND UTILITIES On-site utilities such as telephone, electrical power, TV cable service, wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be Page 9 of 23 Words underlined are added; words souek Brough are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx provided for all utility purposes. Said easements and improvements shall be done in accordance with subdivision regulations. Page 10 of 23 Words underlined are added; words stfuslc thFough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx SECTION IV MULTI -FAMILY 4.01 PURPOSE The purpose of this Section is to set forth the regulation for the area designated on Exhibit E, Site Plan, as Multi -Family. 4.02 MAXIMUM DWELLING UNITS A maximum number of 1580 dwelling units may be constructed subject to stipulations in attached Exhibit J. 4.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: (1) Multi -family residential buildings and single family detached. (2) Parks, playgrounds, playfields and commonly owned open space. (3) Water management facilities. (4) Golf Course uses (1), (5) and (6) as set forth in 5.02.A. B. Principal Uses Requiring Site Plan Approval: (1) Non-commercial boat launching facilities and multiple docking areas with a maximum extension into the waterway of 20 feet. (2) Residential clubs, intended to serve the surrounding residential area. (3) Individual housing units including townhouses, zero lot line, villas and cluster housing. (4) Boardwalks, viewing stands or docks, and nature trails not associated with any particular multi -family development. C. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures, including parking structures. Page 11 of 23 Words gnderlined are added; words steuek thFough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx (2) Signs as permitted by the Zoning Ordinance of Collier County. (3) Model homes, apartments and sales offices shall be permitted in conjunction with the promotion of the development. 4.04 REGULATIONS AS TO RESIDENTIAL TRACTS Regulations as to Tracts A, T, U and Tracts C-1 and E-1: 4.04.01 MINIMUM LOT AREA: Multi -Family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.04.02 MINIMUM YARDS: MULTI -FAMILY A. From right-of-way lines of public and private roads, thirty (30) feet or one-half (1/2) the height of the structure, whichever is greater. B. From the tract boundary lines, twenty (20) feet or one-half (1/2) the height of the structure, whichever is greater. C. Distance between any two principal structures, one-half (1/2) the sum of their heights but not less than twenty (20) feet on the same tract. D. In the case of the clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section II. 4.04.03 MINIMUM YARDS: INDIVIDUAL UNITS A. Single Family Detached: (1) Front setback 30' (2) Side setback 7-1/2' (3) Rear setback 20' B. Other than single family detached: All setbacks in accordance with the approved site plan. Page 12 of 23 Words underlined are added; words sWaek thr-ough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx 4.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Seven (7) stories above the finished grade with option of having one (1) floor of parking beneath the allowable seven (7) stories. B. Accessory structures shall be limited to a maximum of thirty (30) feet above finished grade of the lot. 4.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Principal use structures shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structures. 4.04.06 OFF-STREET PARKING: Principal uses shall provide a minimum of 1.5 parking spaces per dwelling unit. An additional one-half (.5) space per unit must be reserved for future parking if needed. This reserve area shall be grassed or landscaped. 4.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 4.04.08 USABLE OPEN SPACE: For each multi -family dwelling unit, a minimum of one -hundred (100) square feet of usable open space, exclusive of the golf course area, shall be provided on the site. This space may be provided as swimming pools, pool decks, tennis courts, landscaped area or other common recreational facilities. 4.05 REGULATIONS FOR RESIDENTIAL PARCEL ONE 4.05.01 MINIMUM LOT AREA: Multi -family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.05.02 MINIMUM YARDS — MULTI -FAMILY A. Setbacks from parcel boundaries — thirty feet (30'). Page 13 of 23 Words underlined -are added; words stfuek tltreuare deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).doex B. Distance between any two principal structures, one-half (1/2) the sum of their heights but not less than twenty feet (20'). C. Setbacks from edge of pavement of roadways (public or private) — thirty feet (30'). D. In the case of clustered buildings with a common architectural theme, setbacks may be reduced pursuant to a site development plan approved by the Development Services Director. E. Principal structures shall be set back a minimum of 500' from the pavement edge on Mainsail Drive and a minimum of 500' from Tract T. 4.05.03 MAXIMUM HEIGHT AND NUMBER OF PRINCIPAL STRUCTURES A. Principal structures — twenty (20) stories above required flood plain or two (2) levels of parking. B. Accessory structures — thirty feet (30') above required flood plain or two (2) levels of parking. C. Principal structures — a maximum of five (5) on this residential parcel. 4.05.04 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES Principal use structures shall contain a minimum of one thousand (1,000) gross square feet of living area per dwelling unit within principal structure. 4.05.05 OFF-STREET PARKING Principal uses shall provide a minimum of 2 parking spaces per dwelling unit. 4.06 REGULATIONS FOR RESIDENTIAL PARCEL TWO 4.06.01 MINIMUM LOT AREA: Multi -family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.06.02 MINIMUM YARDS — MULTI -FAMILY Page 14 of 23 Words underlinedare added; words Am& through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx A. Setbacks from parcel boundaries — twenty feet (20') or one-half (1/2) the height of the structure, whichever is greater. B. Setbacks from edge of pavement of public roadways — thirty feet (30'). C. Distance between any two principal structures, one-half (1/2) the sum of their heights, but not less than twenty feet. D. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site development plan is approved by the Development Services Director. 4.06.03 MINIMUM YARDS — SINGLE FAMILY A. Single Family Detached: (1) Front setback: 30' (2) Side setback: 7-1/2' (3) Rear setback: 20' B. Other than single-family detached: All setbacks in accordance with the approved site plan. 4.06.04 MAXIMUM HEIGHT A. Principal structures — three (3) stories above the required flood plain elevation or one level of parking. B. Accessory structures — twenty feet (20') above required flood plain elevation. 4.06.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES Principal use structures shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 4.06.06 OFF-STREET PARKING Principal uses shall provide a minimum of 2 parking spaces per dwelling unit. Page 15 of 23 Words underlined are added; words stN& thFOUgh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit E, Site Plan, as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Golf Course (2) Golf Clubhouse (3) Tennis Courts (4) Tennis Clubhouses (5) Transient lodging facilities not to exceed 50 units. (6) Water management facilities; lakes, including lakes with seawall and other types of architectural bank treatment. (7) Sales Office. B. Permitted Accessory Uses and Structures: (1) Pro -shop, practice driving range and other customary accessory uses of golf courses, tennis clubs or other recreational facilities. (2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. (3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. Page 16 of 23 Words underlined are added; words straw are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx (4) Signs as permitted in the Zoning Ordinance of Collier County. (5) Maintenance shops and equipment storage. (6) Non-commercial plant nursery. 5.03 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: (1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. (2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. (3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. (4) A site plan shall be provided showing pertinent structure locations and landscaping. (5) Tracts T, U, and E-1 as depicted on the PUD Master Plan and the Marco Shores Unit One Plat, are not owned by Petitioner, and are developed or under development. These tracts are currently contiguous to the golf course. Petitioner agrees that in any reconfiguration of the golf course, these tracts will continue to have an equal or greater amount of contiguity with the golf course tract as described on the record Plat of March Shores Unit One. 5.04 MAXIMUM HEIGHT Forty-five (45) feet above the finished grade of the lot. 5.05 MINIMUM OFF-STREET PARKING As required by the Zoning Ordinance of Collier County, Page 17 of 23 Words underlined are added; words s4uek4hreugh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx 5.06 OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. Page 18 of 23 Words undglinetare added; words stmek-thmugk are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx SECTION VI UTILITY AREA 6.01. PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit E, Site Plan, as Utility Area. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: (1) Potable water treatment and distribution facilities. (2) Sanitary waste water collection treatment and disposal facilities. (3) Utility services equipment, storage and maintenance. (4) Utility services offices. (5) Lawn or golf course maintenance shops and equipment storage. (6) Any other use associated with maintenance or utility services when approved by the Director. (7) Water management facilities. B. Permitted Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with the uses permitted in this district. (2) Signs as permitted in the zoning ordinance. 6.03 MINIMUM YARD REQUIREMENTS A. From right-of-way lines of public and private roads, thirty (30) feet. B. All other, none. Page 19 of 23 Words underlined are added; words struek dough are deletions H;\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx 6.04 MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot. 6.05 MINIMUM FLOOR AREA None. Page 20 of 23 Words underlined are added; words s>ruelc-threagh are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).doex SECTION VII DEVELOPMENT COMMITMENTS 7.01 NATURAL RESOURCES Prior to undertaking any alterations within or affecting the tidally -influenced wetland included in the site, the applicant shall: A. Obtain all necessary permits, approvals, or waivers from the County, state and federal agencies; and, B. Limit the extent of alterations within the wetlands areas to reduce short and long term environmental impacts; and, C. Insure that no alteration or filling within the wetland area shall be conducted except as required to improve the access road at its intersection with State Road 951 unless otherwise approved by the Director for work required by the future development of Unit 30, Marco Shores, 7.02 DRAINAGE A. Upland Areas (1) The applicant shall provide all necessary detailed drainage plans, studies and specifications to the State of Florida Department of Environmental Regulation, the South Florida Water Management District and Collier County for approval prior to issuance of permits by Collier County. The detailed drainage plans shall include the data requested by the South Florida Water Management District in their letter dated August 29, 1980 and which is made a part of this PUD Document. (2) The minimum building floor elevation shall be as indicated on the Flood Insurance Rate Map for Collier County. B. Wetland Area The applicant shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County, the State of Florida Department of Environmental Regulation and the South Florida Water Management District for approval prior to the issuance of any construction/development permits by Collier County. Page 21 of 23 Words underlined are added; words struelk through are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx C. Upland and Wetland Areas (1) Detailed site drainage plans demonstrating extensive use of "Best Management Practices" (BMP's) for all impervious surfaces shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by County Engineer. (2) Petitioner shall modify S.F.W.M.D. Surface Water Permit No. 11-00202- (, reflecting the proposed modifications prior to the issuance of any building permit in the P.D.A. modified area. 7.03 PUBLIC FACILITIES A. Sewage Treatment Facility Marco Island Utilities, Inc. will provide sewage treatment facilities for the project. Marco Island Utilities, Inc. will provide necessary detailed plans and specifications for the collection, treatment and disposal of sewage from this development to the Department of Environmental Regulations and Collier County for approval prior to the issuance of development permits. B. Water Treatment Facilities Water treatment facilities will be provided by Marco Island Utilities, Inc. Marco Island Utilities, Inc. will provide necessary detailed plans and specifications to the Department of Environmental Regulations and Collier County for approval prior to the issuance of development permits. Deltona Corporation will construct additional raw water transmission facilities from the rock pit southward along SR 951 and to the Marco Island Water Treatment Plan by 1984. 7.04 TRANSPORTATION A. Internal The project will be served internally by a system of public and private roads. Public roads will be located within public rights of way as indicated in Exhibit E,, Site Plan. Private roads will serve the individual multi -family tracts. B. External Subject to the approval of the Florida Department of Transportation, the developers shall provide improvements as indicated in the attached Exhibit J. Page 22 of 23 Words underlined are added; words stmek threes are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx C. Improvements within the right-of-way Mainsail Drive is a divided, multi -lane, public right-of-way with a center median, and provides access to the development parcels in Marco Shores Golf Course Community and to the Marco Executive Airport. Landscaping within the platted right-of-way would improve aesthetics, and be of benefit to the community and Marco Executive Airport. Landscaping within the right-of-way is encouraged, and conceptual approval is hereby given for landscaping and signage within the public right-of-way, including the median, subject to the permits required pursuant to Ordinance 93-64, as that ordinance may be amended. 7.05 FIRE PROTECTION The applicant shall provide for the strategic placement of fire hydrants as required in the Collier County Subdivision Regulations. A fire station shall be constructed in accordance with the Southern Standard Building Code and as approved by the East Naples Fire Department on a site approved by the East Naples Fire Department. 7.06 MOSQUITO CONTROL Through proper engineering design and closely coordinated construction activities, a positively graded drainage system without numerous or extensive isolated depressions (stagnant water areas) will be created. Those assurances, in conjunction with appropriate lake maintenance operations, will reduce the potential for increasing mosquito breeding areas within the property. Page 23 of 23 Words underlinedare added; words stfuelE thFough are deletions H:\2015\2015089\WP\PUDA\CCPC\Marco Shores Golf Course Community PUD (PUDA-PL20150002550) (8-25-2016).docx A,.. L" NOTES: 2.6 Ac. Mainsail Drive CA LANDSCAPED BUFFER, WITH AN AVERAGE WIDTH OF 10 FEET, WILL 1.4 Ac. GC - Golf Course, Club & Open space - BE LOCATED ALONG THE NORTH SIDE OF THE ENTRY ROAD. THIS Residential 64.2 Ac. BUFFER WILL BE SIMILAR TO A TYPE "B" BUFFER AS IDENTIFIED IN 38.8 Ac. Total - THE COLLIER COUNTY LAND DEVELOPMENT CODE, EXCEPT THAT THE _ h MAINSAIL DRIVE REQUIRED NUMBER OF PLANTS MAY BE CLUSTERED IN ORDER TO 2.9 ACRES PROVIDE VISTAS AND FILTERED VIEWS OF THE ADJACENT GOLF _ COURSE. THE INTENT OF THE BUFFER CLUSTERS SHALL BE TO ACHIEVE 70% OPACITY WITHIN TWO YEARS OF PLANTING. A BUILDING SEPARATION BETWEEN FAIRWAYS 1 CONDOMINIUM AND I� GOLF CLUB PRINCIPAL STRUCTURES SHALL BE 600 FEET. 3. LANDS IDENTIFIED AS "NATURAL PRESERVE" ARE CONSERVATION LOCATION MAP D ENLARGED LOCATION MAP D LANDS OWNED BY THE STATE OF FLORIDA PURSUANT TO THE DELTONA SETTLEMENT AGREEMENT AND ARE NOT PART OF THIS PUD. Naaaal — P— 1 Nene Naeeal ij/ � R.sld.ntw Parcel One R..Id."11.1 Parcel Tao �c GG Land Use Summary Parks 5.21 Ac. Roads 2.6 Ac. Mainsail Drive 20.3 Ac. Existing Utility site 1.4 Ac. GC - Golf Course, Club & Open space - 182.2 Ac. Residential 64.2 Ac. Existing Residential 38.8 Ac. Total - 314.7 Ac. A ® rk 1 P t 1 01 ® 1 Ro.M.�— } Amp.< O —GC MMM.nance Facility Nxaal PnaaK UNPLATTED rc 00 PARK (TEMPORARY UTILITY SITE) O 3.6 ACRES sw MA► AIL W _ h MAINSAIL DRIVE 2.9 ACRES a.a.nxxnnaaanxuxxuaxaanananuaax.xxx.xxxxxax# LAND REMOVED FROM PUD A SCALE: 1"-100' / PUD MASTER PLAN Ap N.T.S. PREPARED BY: WILSON MILLER • PN: 0528414-001 FILE: D-0528.04 IV amm ar 1/0 t 950 Encore Way REVISED PER COUNTY COMMENTS ��23-16 I T 1 NaP1as.FL.34N0 MARCO SHORES GOLF COURSE "`"`°�°� 00000000 0000-00 REVISED PER COUNTY COMMENTS MARCO SHORES �" �. °no„a'.c Cerh42Doo „�. „�. REVISED PER(AUNY COMMENTS ItM + e sole --t i�;=l�'', Fhoriacarar I,w COMMUNITY PUD MASTER PLAN a m a ® EXHIBIT "E" ° ""1= "'E EMNERSf�RAl9MRVEYORS AutMdzaaon No 1772 2015.089 ®1 OF 1 EXHIBIT G LESS AND EXCEPT: TRACT Q, MARCO SHORES, UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14 PAGE 38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3.6 ACRES, MORE OR LESS. AND LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF MAINSAIL DRIVE MARCO SHORE UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 14 PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE RUN SI 1 059'55"E, ALONG THE EAST LIINE OF SAID TRACT O FOR A DISTANCE OF 332.93 FEET TO THE MOST NORTHEASTERLY CORNER OF MAINSAIL DRIVE OF SAID MARCO SHORES UNIT ONE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED• THENCE CONTINUE S11'59'55"E FOR A DISTANCE OF 230.00 FEET; THENCE RUN S79°48'17"W FOR A DISTANCE OF 435.12 FEET; THENCE RUN N84°45'47"W FOR A DISTANCE OF 153.41 FEET; THENCE RUN N00052'45"E FOR A DISTANCE OF 208.51 FEET TO THE BEGINNING OF A NON- TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1305.00 FEET AT A BEARING OF N00052'47"E THEREFROM THROUGH A CENTRAL ANGLE OF 12058'26" AND BEING SUBTENDED BY A CHORD OF 294.87 FEET AT A BEARING OF N84023'34"E, FOR AN ARC LENGTH OF 295.50 FEET; THENCE RUN N77°54'19"E FOR A DISTANCE OF 241.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.9 ACRES, MORE OR LESS. BEARINGS REFER TO THE EAST LINE OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14 AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AS BEING S 11 059'55"E. Words underlined are added; words ugh are deletions H:\2015\2015089\WP\PUDA\CCPC\Exhibit G - Legal Description .docx GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION CONSISTENCY REVIEW MEMORANDUM To: Eric Johnson,AICP, Principal Planner,Zoning Services Section From: Corby Schmidt,AICP, Principal Planner, Comprehensive Planning Section Date: August 12, 2016 Subject: Future Land Use Element(FLUE) Consistency Reviews of the Marco Shores Country Club Planned Unit Development Amendment&Rezone to Public Use (3rd memo) PETITION NUMBERS: PLs-20150002550 & -20160000382— REV: 3 PETITION NAMES: Marco Shores Country Club Planned Unit Development(PUD)Amendment& Public Use Rezone REQUESTS: To amend the Marco Shores Country Club PUD to remove areas of parking lot, road right-of-way and vacant right-of-way allowing for different parking lot and stormwater retention features at the Marco Island Executive Airport, and further update the PUD accordingly. These uses are in the area of the PUD-to-Public Use rezone, which is consistent with the remainder of Airport property. The proposed changes intend to reconcile these features to allow for the relocation of airport parking and a terminal building,and to allow for new aircraft hangers. Changes are achieved by a combination of re-designating the subject property to "P" (Public Use) via a rezone,vacating a ROW, and amending the subject PUD. LOCATION: The ±6.5-acre property is located approximately 1.6 miles east of Collier Boulevard (SR 951),on the north side of, and making up a portion of, Mainsail Drive, lying adjacently west of the Marco Island Executive Airport property,in Section 26,Township 51 South,Range 26 East. The subject property is comprised of two individual parcels, as follows: 1) A±2.9-acre parcel,including the easternmost ±537-foot portion of Mainsail Drive right-of-way, Marco Shores Country Club PUD; and, 2) A ±3.6-acre parcel located adjacent to Mainsail Drive right-of-way, in Marco Shores Country Club PUD. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions,for the most part, apply to residential development and pose no limitations upon this request. The existing Marco Shores Country Club PUD(Ord.81-6,as amended by Ord.85-56 and Ord.94-41)allows residential- golf course development at a density of approximately 4.9 DU/A (1,530 DUs on ±314.5 acres). The part of these companion petitions pertaining to the PUD amendment request does not increase the density or add uses. Applicable FLUE policies were evaluated by staff as part of the original (1981) PUD request. The proposed changes do not necessitate new re-evaluation of applicable FLUE policies. The existing Marco Island Executive Airport site was rezoned (via LDC-91-102) as P, Public Use, allows airport operations. The part of these companion petitions pertaining to the rezone request does not introduce residential density or add uses. The PUD was found to be consistent with the 1983 Comprehensive Plan, predecessor to the present GMP. The PUD's density is not consistent with the Urban Coastal Fringe Subdistrict cap of 4 DU/A in the GMP. However, it is, in effect,deemed consistent by policy with the GMP. Thus,via FLUE Policy 5.1,the proposed PUDA and rezone may be found consistent with the FLUE. The airport is recognized as and limited to this single use by the 1982 Deltona Corporation Settlement Agreement. The subject PUDA-Rezone combination affects land areas already agreed to for airport expansion. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Based upon the above analyses, the proposed Planned Unit Development Amendment and Rezone may be deemed consistent with the FLUE. PETITION ON CITYVIEW cc: Michael Bosi, AICP, Director, Zoning Division David Weeks,AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division,Zoning Services Section G: Comp\Consistency Reviews\2016 G:\CDES Planning Services\Consistency Reviews120161RZIRZ-PL2016-382 CntyAirportAuthority R3 .„....:__ ,,,,, n ,. ,.....„:;:,.,„_ ,,,,-,'.-' : - ,..,,,,.,_,,,,,,,,tr,,,,.,..44,,i,'-.„'--...-,,-...,-...7.:*11 -=tom f . � naa rr�Q4 MARCis_ -. ,�,, . ., MARC. SHRS/ DL,R'S ;: 4r `r/i✓/ � Density:2.08 l'-== Density:2.08 -.41,#s 40.D J m, _W 3I or UI Zoning: CON-ST i II 11. SUBJECT PROPERTY: MARCO SHORES GOLF COURSE COMMUNITY PUD x .'7,'4t,::.,,,;: :4".4 „ ,_ - . -_ _ 14:/,,,--/"-6;::::::'-:11.:',.1111: .1, "r--- ' 4 - - -.ming: Pi ..,...:, r ,. -: -_,t,, ,-, < ��.+ - 9�a.. i' � f ,,,‘;','''4:7, ft. a 3 t,, i( i F ,/'f art: ' 4', i Zoning: CON-ST 1;;;;,,....-- . GROSS DENSITY UNITS PER ACRE (UPA) 5°° '°°° 2,000 3,000 N Feet FOR MARCO SHORES GOLF COURSE COMMUNITY Prepared by: th Yang,A1CP PUD AND SURROUNDING PROPERTIES CoitiEr County GrowthManagementDepaitment Date:August,2078 \ 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Wednesday, March 23, 2016 11:26 AM To:JohnsonEric Subject:MOU and Deltona Settlement Map Attachments:Deltona Map - Color Version.pdf; MOU - Marco Island Airport - Deltona Settlement Signatories - 9-11-01.pdf; Map - Marco Airport - Allowed Dev't Area and Area of Violation - 3-11-16.docx Hi Eric, For your reference during our discussion in a few minutes. Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres (13,068 sq. ft.); Yellow polygon represents 0.51 acres (22,216 sq. ft.); Blue rectangle represents approximately 0.74 acres (32,234 sq. ft.) Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres (13,068 sq. ft.); Yellow polygon represents approximately 0.51 acres (22,216 sq. ft.); Blue rectangle represents approximately 0.74 acres (32,234 sq. ft.) 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Wednesday, June 22, 2016 5:14 PM To:JohnsonEric Subject:Fwd: Marco Exec Airport NIM Sent from my iPhone Begin forwarded message: From: Brad Cornell <millercornell@mindspring.com> Date: June 22, 2016 at 5:07:25 PM EDT To: Bob Mulhere <BobMulhere@hmeng.com> Cc: Nicole Johnson <nicolej@conservancy.org> Subject: Marco Exec Airport NIM Hi Bob, I’m writing because I cannot attend tonight’s NIM on the Marco airport rezone for moving the terminal. While Audubon does not object to making the airport safer through moving the terminal, we do object to proceeding without first resolving how past environmental destruction violations of the MOU with Deltona signatories will be addressed AND seeking an amendment to the MOU to expand the footprint of the development area for the airport, as required by the MOU. Without any assurance or commitment by the Airport Authority to either of these straightforward actions, Audubon must object to this rezone application. I’m interested in discussing this with the Authority and signatories to the MOU and you. Please let me know when that can be arranged. Brad Brad Cornell Southwest Florida Policy Associate Audubon of the Western Everglades/Audubon Florida 1020 8th Avenue, South, Suite 2 Naples, FL 34102 239-280-6278 bcornell@audubonwe.org 1 JohnsonEric From:Susan Scott <susans@conservancy.org> Sent:Tuesday, August 16, 2016 1:55 PM To:LobbJustin Cc:WilkisonDavid; AshtonHeidi; JohnsonEric; OchsLeo; FialaDonna; HillerGeorgia; TaylorPenny; NanceTim; HenningTom Subject:Rezone Application PL20160000382 re Deltona Settlement Attachments:8-16-16 Collier County Airport Authority re Deltona Settlement Agreement.pdf Dear Mr. Lobb: Attached is correspondence from Nicole Johnson, Director of Growth Management and Planning at the Conservancy and Charles Lee from Audubon of Florida, James Tripp with the Environmental Defense Fund, Brad Cornell of National Audubon Society and Michael Chenoweth from Izaak Walton League of America. Thank you for taking the time to review the letter along with the Attachments that follow in support of our concerns. Susan Scott Administrative Assistant to Policy & Science Depts. Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 (239)262-0304 ext. 232 Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 1:55 PM To:LobbJustin Cc:OchsLeo; WilkisonDavid; AshtonHeidi; JohnsonEric; FialaDonna; HillerGeorgia; TaylorPenny; NanceTim; HenningTom; kathy worley Subject:Marco Airport Scope of Services for Mangrove Restoration Attachments:Letter - CCAA RE Scope of Services for Mangrove Restoration - 8-19-16.pdf Justin, Attached, please find the Conservancy’s recommendations regarding the Scope of Services for restoration of the mangrove clearing outside the allowed Development Area. Please let me know if you have any questions. Sincerely, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 3:40 PM To:JohnsonEric Subject:RE: CSFL Correspondence for Marco Shores PUDA and RZ Hi Eric, Yes, this looks like the entire packet of information. Thank you for compiling for the CCPC. Do you have a meeting date scheduled? Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:37 PM To: nicole johnson Subject: CSFL Correspondence for Marco Shores PUDA and RZ Nicole, Does the attached appropriately represent all the emails/letters of objection and attachments that you sent me regarding the PUDA and RZ applications? It is proper for me to include your correspondence in the packets that will be reviewed by the Commissioners. Please advise. Thanks! Respectfully, 2 Eric L. Johnson, AICP, CFM Principal Planner Growth Management Department - Planning & Regulation Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-252-2931 fax: 239-252-6503 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. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 3:42 PM To:JohnsonEric Subject:RE: CSFL Correspondence for Marco Shores PUDA and RZ Great! Thank you! From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:41 PM To: nicole johnson Subject: RE: CSFL Correspondence for Marco Shores PUDA and RZ The applicant is requesting the September 15 CCPC hearing. Eric Johnson Principal Planner From: nicole johnson [mailto:nicolej@conservancy.org] Sent: Friday, August 19, 2016 3:40 PM To: JohnsonEric <EricJohnson@colliergov.net> Subject: RE: CSFL Correspondence for Marco Shores PUDA and RZ Hi Eric, Yes, this looks like the entire packet of information. Thank you for compiling for the CCPC. Do you have a meeting date scheduled? Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 2 From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:37 PM To: nicole johnson Subject: CSFL Correspondence for Marco Shores PUDA and RZ Nicole, Does the attached appropriately represent all the emails/letters of objection and attachments that you sent me regarding the PUDA and RZ applications? It is proper for me to include your correspondence in the packets that will be reviewed by the Commissioners. Please advise. Thanks! Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Growth Management Department - Planning & Regulation Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-252-2931 fax: 239-252-6503 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. AGENDA ITEM 9-C Cottle-le County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: SEPTEMBER 15, 2016 SUBJECT: RZ-PL20160000382 — MARCO SHORES GOLF COURSE COMMUNITY PUD REZONE (TO BE KNOWN AS COLLIER COUNTY AIRPORT AUTHORITY REZONE) [Companion Item: PUDA-PL20150002550] PROPERTY OWNER/APPLICANT & AGENT: Owner: Agent: Collier County Robert J. Mulhere,FAICP do Real Property Management Hole Montes, Inc. 3335 Tamiami Trail East, Suite 101 950 Encore Way Naples,FL 34112 Naples,FL 34110 Applicant: Justin E. Lobb,Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, FL 34114 REQUESTED ACTION: An Ordinance of the Board of County Commissioners of Collier County (Board), 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 the Marco Shores Golf Course Community Planned Unit Development zoning district to the Public Use(P)zoning district. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 1 of 11 September 2, 2016 i _> ¢ 1iI 0011...°11...."."°" .*"e0610111111111.1 II cN CO CO 0 N Z CL J ALS W Ory o�7p`V Ops D Z 4, �. F Z 0 �a V O a. Q O 0- re O Q J CO !W$ a' 2 1y gip �� c _1 fr O v Shihil co o 1 p p Y w8a os ff s i p J CA iamo3 _. gp GEOGRAPHIC LOCATION: The subject property, consisting of 6.5±acres, is located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting to rezone the subject 6.5±acre site from the Marco Shores Golf Course Community PUD to the Public Use (P) zoning district. This petition is in connection with the companion petition PUDA-PL20150002550. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject parcels: North: State-owned preserve, zoned Conservation-Special Treatment(CON-ST). East: Airport(Marco Island Executive Airport), zoned P. South: Tract Z of Hammock Bay (golf course maintenance facility) of Marco Shores Golf Course Community, zoned PUD and state-owned preserve, zoned CON- ST. West: Tract P of Marco Shores Unit One(designated park site) of Marco Shores Golf Course Community and Tract Z of Hammock Bay (golf course maintenance facility) of Marco Shores Golf Course Community, all of which are zoned PUD. (See aerial map on the following page) RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 2 of 11 September 2, 2016 Subject Property ARCO SHORES 11,COUNTRY;CLTUB;y W ..r 4;E'13'-+-. X a ZoAnin g p C '{> F . { • Aerial(County GIS) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is located within the Urban designated area(Urban Mixed Use District,Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions,for the most part,apply to residential development and pose no limitations upon this request. The existing Marco Island Executive Airport site was rezoned(via LDC-91-102)as P,Public Use, which allows airport operations. This rezoning request does not introduce residential density or add uses. The PUD was found to be consistent with the 1983 Comprehensive Plan, predecessor to the present GMP. The PUD's density is not consistent with the Urban Coastal Fringe Subdistrict cap of 4 DU/A in the GMP. However, it is, in effect, deemed consistent by policy with the GMP. Thus, via FLUE Policy 5.1, the proposed PUDA and rezoning petitions may be found consistent with the FLUE. The airport is recognized as, and limited to, this single use by the 1982 Deltona Corporation Settlement Agreement. The subject PUDA-Rezone combination affects land areas already agreed to for airport expansion. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 3 of 11 September 2, 2016 Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning staff leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Based upon the above analyses, the proposed rezoning request and companion amendment to the Marco Shores Golf Course Community PUD may be deemed consistent with the FLUE (see Attachment#3 - Comprehensive Planning Consistency Review). Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Memorandum noting that, "The rezone, in and of itself, does not have any associated traffic impacts. It simply provides for unified zoning of the Airport property". Additionally staff confirmed that the adjacent roadway network has sufficient capacity to continue to accommodate the rezone within the five (5)-year planning period and found it consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element (CCME): Environmental Planning staff found the rezone and amendment to the PUD to be consistent with the Conservation & Coastal Management Element (CCME). The land covered by these applications has been previously cleared and filled, and located in an area identified for development pursuant to the Deltona Settlement Agreement. In addition to identifying areas for development,the Deltona Settlement Agreement also set aside much of the land covered under the Settlement Agreement, for conservation purposes, most of which were deeded over to the state of Florida. These conservation lands were previously determined by the Planning and Zoning Manager to satisfy the onsite preserve requirement pursuant to CCME Policy 6.1.1, for land to be developed under the Deltona Settlement Agreement. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. This petition is consistent with the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria on which a determination must be based.These criteria are specifically noted in Section 10.02.08.F of the LDC. The staff evaluation establishes a factual basis to support the recommendations of staff. The CCPC uses these same criteria as the basis for the recommendation to the Board of County Commissioners(Board),who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as part of the Zoning and Land Development Review RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 4 of 11 September 2, 2016 provided below. Environmental Review: Environmental Planning staff has reviewed both the rezoning and companion petitions to address environmental concerns. The petitions do not require review by the Environmental Advisory Council (EAC) since they did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. The land covered by the rezone and amendment to the PUD has been previously cleared and filled, and identified as an area to be developed pursuant to the Deltona Settlement Agreement.Preserved lands surrounding the PUD, as shown on the master plan, were required by the Deltona Settlement Agreement to be either deeded over to the state of Florida or placed in a conservation easement. These preserved lands are not a part of the PUD and now owned and managed by the state of Florida as part of the Rookery Bay National Estuarine Research Reserve. They are also included in the Conservation Designation on the County Future Land Use Map (FLUM). Landscape Review: Staff has no issues with this rezoning petition. It should be noted that rezoning the property to P will require the appropriate buffering between the subject property and the remaining Marco Shores Golf Course Community PUD. Any required buffering can be addressed at the time of site development plan (SDP) or subdivision platting(PPL) review. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning staff can recommend approval of this project. Utilities Review: The Marco Shores Golf Course Community PUD is located within the Collier County Water-Sewer District boundary but is excluded from County service area pursuant to an Interlocal Agreement with the City of Marco Island, which provides both water and wastewater services to that development, referred to as the Hammock Bay Service Area. Pursuant to that agreement, the City of Marco Island purchases bulk water from the Collier County Water-Sewer District via a master meter near the intersection of Collier Boulevard and Mainsail Drive. The City of Marco Island has reviewed this rezone request,and has determined the proposed conceptual development will have an impact on its water and sewer infrastructure within the area being rezoned. The City does not object to the rezoning so long as the County pays for and relocates the affected City infrastructure via an Interlocal Agreement to be executed prior to redevelopment of the area. Zoning Services Review: Zoning staff has reviewed this petition and concurs with the findings of Comprehensive Planning. The proposed rezone and use is found to be consistent with the GMP. According to LDC Section 2.03.05,the purpose and intent of the P district is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 5 of 11 September 2, 2016 With respect to building setbacks, the conceptual site plan shows two (2) buildings are proposed near the center of the subject property. The southernmost building, which is the building that is closest to any property line, is shown to be fifty (50) feet from the south property line. This complies with the minimum setback required in the P district. With respect to maximum building height permitted in the P zoning district, Table 2 in LDC Section 4.02.01 requires buildings located within 100 feet of an adjoining district to be limited to the height of the most restrictive adjoining district. The most restrictive and relevant zoning district abutting the subject property is the Marco Shores Golf Course Community PUD. The updated master plan in the companion petition shows the abutting land use category is labeled "GC Maintenance Facility," which is regulated in accordance with Section V of the PUD Document. This means that the maximum height on the subject property (to be rezoned to P) would be forty- five (45) feet above the finished grade of the lot. It should be noted the other abutting land use within the Marco Shores Golf Course Community PUD master plan is labeled "Park," which is not specified in the PUD Document; therefore, the maximum building height will be determined by the known height in the aforementioned "GC" land use. The drawing labeled Aerial Photograph reveals the subject property is currently vacant, so no known non-conformities would be created if this petition were to be approved. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning portion of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No isolated zoning district would be created because the abutting property (Marco Island Executive Airport) is already zoned P. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 6 of 11 September 2, 2016 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Tract Q of the Marco Shores Unit One plat and a portion of Mainsail Drive comprise the land area to be rezoned in connection with this petition. Both are already owned by Collier County. The new PUD boundary would be consistent with the easternmost boundary of the plat for Tract Q and the westernmost extent of Mainsail Drive. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff does not anticipate the deduction of 6.5±acres from the PUD for the use of the Marco Island Executive Airport would adversely impact living conditions in the PUD. As of August 12, 2016, Code Enforcement has not received any complaints against the Marco Island Airport in the last five (5) years. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed rezone is net neutral in the number of peak hour trips according to the transportation memo provided by the agent as part of this petition. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of SDP or PPL review. 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem, as the applicant will be required to submit a SFWMD permit and all required stormwater documentation to County staff to be evaluated during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this amendment would significantly reduce light or air to the adjacent areas. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 7 of 11 September 2, 2016 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Staff does not anticipate the proposed amendment would be a deterrent to the improvement of the vacant land to the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The current PUD Document does not list "airport" as a permitted principal use. The property owner is choosing to rezone the property to P rather than requesting to add "airport" as a principal use in the Marco Shores Golf Course Community PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed transfer of 6.5± acres from the PUD to the Marco Island Executive Airport is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not specifically review other sites in conjunction with a specific petition. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 8 of 11 September 2, 2016 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)shall deem important in the protection of the public health,safety,and welfare. To be determined by the Board during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent, Mr. Bob Mulhere with Hole Montes, Inc., along with Mr. Justin Lobb, Airports Manager of the Collier County Airport Authority, conducted a duly noticed NIM on June 22,2016 at the Collier County South Regional Library at 8065 Lely Cultural Parkway in Naples. This meeting served as the required NIM for this petition as well as for the companion rezoning application (RZ-PL2016000382). The meeting commenced at 5:30 p.m. and finished by 6:07 p.m. The NIM Summary is included in Attachment#2—Application and Support Material. Mr. Lobb stated the proposed building height on the subject property would be two (2) stories [at about forty (40) feet to forty-five (45) feet tall]. Later in the meeting, Mr. Mulhere mentioned he thought the maximum zoned height in the P district is forty (40) feet. Mr. Lobb indicated that the maximum height could be no greater than fifty-five (55) feet because of F.A.A. regulations. However, as detailed in the Zoning Review portion of this staff report, the maximum height (for the subject property) will be forty-five (45) feet above the finished grade of the lot. RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 9 of 11 September 2, 2016 During the NIM, because of concerns of future damage to Mainsail Drive when construction activity commences, the applicant suggested that a pre-construction video be created to assist in any damage assessment. To address the concerns of the residents, the applicant has now offered to provide said video (see Conditions of Approval). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on August 31, 2016. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval, subject to the following conditions: 1. The approval of this petition shall be contingent upon the approval of the companion petition (PUDA-PL20150002550). 2. Prior to construction activity, a pre-construction video shall be created by the Owner for the entire length of Mainsail Drive to assist in determining if such activity causes damage to Mainsail Drive. Attachments: 1) Proposed Ordinance 2) Application & Support Material 3) Comprehensive Planning Consistency Review 4) Letters from Conservancy of Southwest Florida and Memorandum of Understanding RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 10 of 11 September 2, 2016 PREPARED BY: L. t/t1 g" 3c' // ERIC JOHNSO AICP, CFM, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: ty j6 RAYM V. ELLOWS,ZO G MANAGER ATE ZONIN DIVISION ‘11/4- 3a- (c MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: 4 00 a 1/3J//4 JAMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT F ,? :11.1- all-Le4-a-k- 8(136/i DAVID . KISON DATE DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT RZ-PL20160000382—Marco Shores Golf Course Community PUD Rezone(to be known as Collier County Airport Authority Rezone) Page 11 of 11 ORDINANCE NO. 16- 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 THE MARCO SHORES GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT FOR PROPERTY LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [RZ- PL20160000382] WHEREAS, Robert J. Mulhere, FAICP of RWA, Inc., representing the Collier County Airport Authority, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the real property more particularly described in Exhibit A, located in Section 26, Township 51 South, Range 26 East, Collier County, Florida is changed from the Marco Shores Golf Course Community Planned Unit Development zoning district to the Public Use (P) zoning district for a 6.5± acre project which will become part of the Marco Island Executive Airport, subject to the conditions shown in Exhibit B. Exhibits A and B are attached hereto and incorporated herein by reference. 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: Effective Date. This Ordinance shall become effective upon filing with the Department of State. [16-CPS-01526J 65 Marco Shores Country Club Rezone 1 of 2 8/19/16 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT F. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Heidi Ashton-Cicko \ Managing Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B —Conditions of Approval [16-CPS-01526 f 65 Marco Shores Country Club Rezone 2 of 8/19116 LEGAL DESCRIPTION MARCO ISLAND EXECUTIVE AIRPORT REZONING RZ-PL2016-0000382 Tract Q, Marco Shores, Unit One, According to the Plat thereof, as recorded in Plat Book 14, Page 38, of the Public Records of Collier County, Florida. Containing 3.6 acres, more or less. AND LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF MAINSAIL DRIVE, MARCO SHORE UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 14, PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 11°59'55"E, ALONG THE EAST LANE OF SAID TRACT Q FOR A DISTANCE OF 332.93 FEET TO THE MOST NORTHEASTERLY CORNER OF MAINSAIL DRIVE OF SAID MARCO SHORES UNIT ONE, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S11°59'55"E FOR A DISTANCE OF 230.00 FEET; THENCE RUN S79°48'17"W FOR A DISTANCE OF 435.12 FEET; THENCE RUN N84°45'47"W FOR A DISTANCE OF 153.41 FEET; THENCE RUN N00°52'45"E FOR A DISTANCE OF 208.51 FEET, TO THE BEGINNING OF A NON- TANGENTIAL CIRCULAR CURVE; THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1305.00 FEET, AT A BEARING OF N00°52'47"E THEREFROM, THROUGH A CENTRAL ANGLE OF 12°58'26" AND BEING SUBTENDED BY A CHORD OF 294.87 FEET AT A BEARING OF N84°23'34"E, FOR AN ARC LENGTH OF 295.50 FEET; THENCE RUN N77°54'19"E FOR A DISTANCE OF 241.91 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.9 ACRES, MORE OR LESS. BEARINGS REFER TO THE EAST LINE OF TRACT Q, MARCO SHORES UNIT ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, AT PAGES 33-38 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEING Si1°59'55"E Exhibit A Condition of Approval 1. Prior to construction activity, a pre-construction video shall be created by Owner to assist in determining if such construction activity causes damage to Mainsail Drive. Exhibit B GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION CONSISTENCY REVIEW MEMORANDUM To: Eric Johnson,AICP, Principal Planner,Zoning Services Section From: Corby Schmidt,AICP, Principal Planner, Comprehensive Planning Section Date: August 12, 2016 Subject: Future Land Use Element(FLUE) Consistency Reviews of the Marco Shores Country Club Planned Unit Development Amendment&Rezone to Public Use (3rd memo) PETITION NUMBERS: PLs-20150002550 & -20160000382— REV: 3 PETITION NAMES: Marco Shores Country Club Planned Unit Development(PUD)Amendment& Public Use Rezone REQUESTS: To amend the Marco Shores Country Club PUD to remove areas of parking lot, road right-of-way and vacant right-of-way allowing for different parking lot and stormwater retention features at the Marco Island Executive Airport, and further update the PUD accordingly. These uses are in the area of the PUD-to-Public Use rezone, which is consistent with the remainder of Airport property. The proposed changes intend to reconcile these features to allow for the relocation of airport parking and a terminal building,and to allow for new aircraft hangers. Changes are achieved by a combination of re-designating the subject property to "P" (Public Use) via a rezone,vacating a ROW, and amending the subject PUD. LOCATION: The ±6.5-acre property is located approximately 1.6 miles east of Collier Boulevard (SR 951),on the north side of, and making up a portion of, Mainsail Drive, lying adjacently west of the Marco Island Executive Airport property,in Section 26,Township 51 South,Range 26 East. The subject property is comprised of two individual parcels, as follows: 1) A±2.9-acre parcel,including the easternmost ±537-foot portion of Mainsail Drive right-of-way, Marco Shores Country Club PUD; and, 2) A ±3.6-acre parcel located adjacent to Mainsail Drive right-of-way, in Marco Shores Country Club PUD. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban designated area (Urban Mixed Use District, Urban Coastal Fringe Subdistrict), as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). This site is also located in the Coastal High Hazard Area (CHHA). CHHA provisions,for the most part, apply to residential development and pose no limitations upon this request. The existing Marco Shores Country Club PUD(Ord.81-6,as amended by Ord.85-56 and Ord.94-41)allows residential- golf course development at a density of approximately 4.9 DU/A (1,530 DUs on ±314.5 acres). The part of these companion petitions pertaining to the PUD amendment request does not increase the density or add uses. Applicable FLUE policies were evaluated by staff as part of the original (1981) PUD request. The proposed changes do not necessitate new re-evaluation of applicable FLUE policies. The existing Marco Island Executive Airport site was rezoned (via LDC-91-102) as P, Public Use, allows airport operations. The part of these companion petitions pertaining to the rezone request does not introduce residential density or add uses. The PUD was found to be consistent with the 1983 Comprehensive Plan, predecessor to the present GMP. The PUD's density is not consistent with the Urban Coastal Fringe Subdistrict cap of 4 DU/A in the GMP. However, it is, in effect,deemed consistent by policy with the GMP. Thus,via FLUE Policy 5.1,the proposed PUDA and rezone may be found consistent with the FLUE. The airport is recognized as and limited to this single use by the 1982 Deltona Corporation Settlement Agreement. The subject PUDA-Rezone combination affects land areas already agreed to for airport expansion. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. [Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Based upon the above analyses, the proposed Planned Unit Development Amendment and Rezone may be deemed consistent with the FLUE. PETITION ON CITYVIEW cc. Michael Bosi, AICP, Director, Zoning Division David Weeks, AICP, Growth Management Manager,Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division,Zoning Services Section G: Comp\Consistency Reviews\2016 G:ICDES Planning Services\Consistency Reviews120161RZ\RZ-PL2016-382 Cnty Airport Authority R3 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Wednesday, March 23, 2016 11:26 AM To:JohnsonEric Subject:MOU and Deltona Settlement Map Attachments:Deltona Map - Color Version.pdf; MOU - Marco Island Airport - Deltona Settlement Signatories - 9-11-01.pdf; Map - Marco Airport - Allowed Dev't Area and Area of Violation - 3-11-16.docx Hi Eric, For your reference during our discussion in a few minutes. Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres (13,068 sq. ft.); Yellow polygon represents 0.51 acres (22,216 sq. ft.); Blue rectangle represents approximately 0.74 acres (32,234 sq. ft.) Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres or 13,068 sq. ft. Purple triangle represents approximately 0.3 acres (13,068 sq. ft.); Yellow polygon represents approximately 0.51 acres (22,216 sq. ft.); Blue rectangle represents approximately 0.74 acres (32,234 sq. ft.) 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Wednesday, June 22, 2016 5:14 PM To:JohnsonEric Subject:Fwd: Marco Exec Airport NIM Sent from my iPhone Begin forwarded message: From: Brad Cornell <millercornell@mindspring.com> Date: June 22, 2016 at 5:07:25 PM EDT To: Bob Mulhere <BobMulhere@hmeng.com> Cc: Nicole Johnson <nicolej@conservancy.org> Subject: Marco Exec Airport NIM Hi Bob, I’m writing because I cannot attend tonight’s NIM on the Marco airport rezone for moving the terminal. While Audubon does not object to making the airport safer through moving the terminal, we do object to proceeding without first resolving how past environmental destruction violations of the MOU with Deltona signatories will be addressed AND seeking an amendment to the MOU to expand the footprint of the development area for the airport, as required by the MOU. Without any assurance or commitment by the Airport Authority to either of these straightforward actions, Audubon must object to this rezone application. I’m interested in discussing this with the Authority and signatories to the MOU and you. Please let me know when that can be arranged. Brad Brad Cornell Southwest Florida Policy Associate Audubon of the Western Everglades/Audubon Florida 1020 8th Avenue, South, Suite 2 Naples, FL 34102 239-280-6278 bcornell@audubonwe.org 1 JohnsonEric From:Susan Scott <susans@conservancy.org> Sent:Tuesday, August 16, 2016 1:55 PM To:LobbJustin Cc:WilkisonDavid; AshtonHeidi; JohnsonEric; OchsLeo; FialaDonna; HillerGeorgia; TaylorPenny; NanceTim; HenningTom Subject:Rezone Application PL20160000382 re Deltona Settlement Attachments:8-16-16 Collier County Airport Authority re Deltona Settlement Agreement.pdf Dear Mr. Lobb: Attached is correspondence from Nicole Johnson, Director of Growth Management and Planning at the Conservancy and Charles Lee from Audubon of Florida, James Tripp with the Environmental Defense Fund, Brad Cornell of National Audubon Society and Michael Chenoweth from Izaak Walton League of America. Thank you for taking the time to review the letter along with the Attachments that follow in support of our concerns. Susan Scott Administrative Assistant to Policy & Science Depts. Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 (239)262-0304 ext. 232 Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 1:55 PM To:LobbJustin Cc:OchsLeo; WilkisonDavid; AshtonHeidi; JohnsonEric; FialaDonna; HillerGeorgia; TaylorPenny; NanceTim; HenningTom; kathy worley Subject:Marco Airport Scope of Services for Mangrove Restoration Attachments:Letter - CCAA RE Scope of Services for Mangrove Restoration - 8-19-16.pdf Justin, Attached, please find the Conservancy’s recommendations regarding the Scope of Services for restoration of the mangrove clearing outside the allowed Development Area. Please let me know if you have any questions. Sincerely, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 3:40 PM To:JohnsonEric Subject:RE: CSFL Correspondence for Marco Shores PUDA and RZ Hi Eric, Yes, this looks like the entire packet of information. Thank you for compiling for the CCPC. Do you have a meeting date scheduled? Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:37 PM To: nicole johnson Subject: CSFL Correspondence for Marco Shores PUDA and RZ Nicole, Does the attached appropriately represent all the emails/letters of objection and attachments that you sent me regarding the PUDA and RZ applications? It is proper for me to include your correspondence in the packets that will be reviewed by the Commissioners. Please advise. Thanks! Respectfully, 2 Eric L. Johnson, AICP, CFM Principal Planner Growth Management Department - Planning & Regulation Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-252-2931 fax: 239-252-6503 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. 1 JohnsonEric From:nicole johnson <nicolej@conservancy.org> Sent:Friday, August 19, 2016 3:42 PM To:JohnsonEric Subject:RE: CSFL Correspondence for Marco Shores PUDA and RZ Great! Thank you! From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:41 PM To: nicole johnson Subject: RE: CSFL Correspondence for Marco Shores PUDA and RZ The applicant is requesting the September 15 CCPC hearing. Eric Johnson Principal Planner From: nicole johnson [mailto:nicolej@conservancy.org] Sent: Friday, August 19, 2016 3:40 PM To: JohnsonEric <EricJohnson@colliergov.net> Subject: RE: CSFL Correspondence for Marco Shores PUDA and RZ Hi Eric, Yes, this looks like the entire packet of information. Thank you for compiling for the CCPC. Do you have a meeting date scheduled? Thanks, Nicole Nicole Johnson Director of Growth Management and Planning Conservancy of Southwest Florida 1495 Smith Preserve Way Naples, FL 34102 239-403-4220 | nicolej@conservancy.org www.conservancy.org Protecting Southwest Florida’s unique natural environment and quality of life…now and forever. 2 From: JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Friday, August 19, 2016 3:37 PM To: nicole johnson Subject: CSFL Correspondence for Marco Shores PUDA and RZ Nicole, Does the attached appropriately represent all the emails/letters of objection and attachments that you sent me regarding the PUDA and RZ applications? It is proper for me to include your correspondence in the packets that will be reviewed by the Commissioners. Please advise. Thanks! Respectfully, Eric L. Johnson, AICP, CFM Principal Planner Growth Management Department - Planning & Regulation Zoning Division - Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 phone: 239-252-2931 fax: 239-252-6503 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. AGENDA ITEM 9-C Co er C°14nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: OCTOBER 20,2016 SUBJECT: PUDA-PL20160001981: GRANADA SHOPPES PUD PROPERTY OWNER,APPLICANT& AGENT: Owner/Applicant: Agents: Ocean Boulevard Partnerships,LLLP Richard D.Yovanovich, Esq. 2600 Golden Gate Parkway Coleman,Yovanovich&Koester,P.A. Naples, FL 34105 4001 Tamiami Trail North, Suite 300 Naples,FL 34103 D. Wayne Arnold,AICP Q. Grady Minor&Associates, P.A. 3800 Via Del Rey Bonita Springs,FL 34134 REQUESTED ACTION: The Granada Shoppes Planned Unit Development(PUD)currently permits all General Commercial (C-4) permitted uses except for certain specific uses. Among those uses is Outdoor Retail Nurseries and Lawn and Garden Supply Stores(Standard Industrial Classification[SIC] Code 5261). The Applicant requests removal of Outdoor Retail Nurseries and Lawn and Garden Supply Stores from the list of exceptions, and its addition to the list of permitted uses. In addition, the Applicant requests adding the outdoor display of merchandise during business hours as an accessory use. GEOGRAPHIC LOCATION: The subject property is 39.231 acres in size and is located in the southeast quadrant of the intersection of U.S. 41 and Imrnokalee Road. The site is within the boundaries of Activity Center Number 2. The site is currently developed with a shopping center. (See location map on the following page). PURPOSE AND DESCRIPTION OF PROJECT: The Granada Shoppes PUD was approved on March 27,2001 as a commercial project with a maximum of 300,000 square feet of retail commercial uses. The proposed amendment would add a commercial use and would not affect the maximum square footage or development standards. Granada Shoppes PUD,PUDA-PL20160001981 Page 1 of 10 October 20,2016 CCPC ,„,...,......_ ,„, 171.„...„,.. . L_ ...,,, ,,.,, — . r, s „.., ..._ , , . ©a���� o pz.,! . erg®: r _4 .6 f! A fil **I A ir 11. al ,„„„,„ ,,., �®0���� •,, ,..1 ter-., . � •'€�� ® ® A viiii, CO �� w .' SII fela ■ 1 to 1 111 ....____, ( , .d ,. N . elm. mmm m _m m,mn mm m®ammo U Imull ®m mm ®m ummen OC) ®mm® ® 11 lig NUN mm Nm mm ISIS rn ® mm til m mm m® mcg' mm mm mm mm [� s. .n® m® ® as mm m m C mm ®®m win OM= m "4 m EUN m_® m_®_ ®m Elam m® ®®® 1 11 a III �MS mm 4 mm ruin MR. WA ®m:.m® m® CO al 71-1,-Ar mid mom= `mVem e_ ® m® ill?• mm �® IA ISIS ISMS 1,11642111 L ISIS O m.M I I ®Em Ns ::. J N S3 E z • Z Z o v C • GOOD�ETTE'FRANK R�N '+'+ -I ~ a i el '1-+ U J m • y 1 11,1aE y • a DJ N �€�IF p ,i iN 9 W mN m y l_ S kisi I= o 2 d e g r. F — „, \\\:N\Ns.t.... '--.......1, 3 s V § 1 40 AS—-—-- I 1 211 *11 1*.7#;$*W °I./ *S ; ,�'rxp �� AVM 305)03d0 4117- 1 .. t„ 4#4 -,i{x g 44? 11 #11 ale asv,+aav,�ill' 104 ' W 4 Ell 1 'ilifie a i k yi kW 5 8 ______ ; 0 /1"- hi r n..o.,w ---- 7,---- ryw..w—r-- Ii II> III III II Il ] gt I L 1------' --1 1 -r YI I i4 1! im =1 I o i q 2 SURROUNDING LAND USE AND ZONING: North: Immokalee Road ROW,across which is the Riverchase Shopping Center,a part of Collier Tract 22 PUD; intensity: 270,000 square feet of retail commercial. East&South: The developed Naples Daily News BPPUD; a maximum of 400,000 square feet of business park uses. West: Tamiami Trail North (U.S. 41) ROW, across which are developed parcels; zoned Commercial Intermediate(C-3); intensity: per LDC Section 2.03.03.0. n __ r is i y'10., • • • CroscpomuOR ` i : 4.i'►� VP° It ! .,J ffi - I, I ' Z. 40 `� i ` '� Y 4 1011th AVE N illiloi.0 1 i it 4 • .. . ilk j .11 ir �NI '� t car 4. ,,i t z 'g+1. e . e 4, j` + _. Aerial Photo(CCPA) GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The Granada Shoppes PUD was determined to be consistent with the GMP at the time of the original rezone. Staff reviewed the proposed amendment to determine if the petition can be found consistent with the goals, objectives, and policies of the overall GMP. Granada Shoppes PUD,PUDA-PL20160001981 Page 4 of 10 October 20,2016 CCI'C CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME): The proposed amendment to the PUD will have no effect on the requirements of the CCME. FUTURE LAND USE ELEMENT (FLUE): The proposed PUDA may be deemed consistent with the FLUE of the Growth Management Plan. TRANSPORTATION ELEMENT: Transportation Planning staff has reviewed the proposed amendment and has found it consistent with the Transportation Element. ANALYSIS: Staff has completed a comprehensive evaluation of this Iand use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5, Planning Commission Hearing and Recommendation (commonly referred to as the "PUD Findings"), and Subsection, 10.02.08 F.,Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC,who in turn use the criteria to support their action on the rezoning request.An evaluation relative to these subsections is discussed below. In addition, staff offers the following analyses. Environmental Review: Environmental Planning staff has reviewed the petition and the PUD document to for environmental sufficiency. This project does not require review by the Environmental Advisory Council (EAC) since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. The subject property is currently developed with a small preserve located in a stormwater management area adjacent to U.S.41.The preserve is also depicted in the PUD document(Ordinance 01-17). Transportation Review:Transportation staff reviewed the PUD and found the Level of Service acceptable. Zoning Review: The Applicant wishes to add a use to the existing PUD.The subject site is within a Mixed Use Activity Center(Number 2). FINDINGS OF FACT: This PUD Amendment qualifies as a Substantial Change under LDC Section 10.02.13.E.1.b, "a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development." PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria"(Staff's responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed PUD Amendment and believes that the addition of SIC Code 5261 is a compatible use of a PUD within a Mixed Use Activity Center. The addition will not have a major effect on traffic and other infrastructure. 2.Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or Granada Shoppes PUD,PUDA-PL20160001981 Page 5 of 10 October 20,2016 CCPC 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. Unified control was established at the time of rezoning and continues through the present ownership. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan(GMP). Staff has reviewed this petition and has determined that this amendment to add a use does not affect the PUD's consistency with the GMP,therefore,staff is of the opinion that this petition may be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed change is the addition of a use.Staff believes that the approval of this amendment will not cause any compatibility issues. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The Applicant proposes to add a use.Open space will not be affected. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. It is staff's opinion that the addition of a new use as a permitted use will not affect public or private facilities beyond what was approved in the existing PUD. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The current PUD was found consistent with the GMP and compatible with the neighborhood. The addition of the proposed use is consistent with the uses in a Mixed Use Activity Center. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed amendment is consistent with the uses in a Mixed Use Activity Center. Rezone Findings:LDC Subsection 10.02.08.F.states,"When pertaining to the rezoning of land,the report and recommendations from the Planning Commission to the Board of County Commissioners...shall show that the Planning Commission has studied and considered proposed change in relation to the following when applicable"(Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. The proposed use is consistent with the uses in a Mixed Use Activity Center.Staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. Granada Shoppes PUD,PUDA-PL20160001981 Page 6 of 10 October 20,2016 CCPC The existing land use pattern was reviewed and approved at the time of the original rezone. The proposed amendment will not substantially alter that pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No new districts will be created through this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This amendment will not affect existing district boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Staff believes that this location is appropriate for a home and garden supply store in addition to the approved commercial uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The Granada Shoppes PUD does not abut any residential zoning. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Transportation staff reviewed the PUD and found the Level of Service acceptable. 8. Whether the proposed change will create a drainage problem. The PUD is required to meet South Florida Water Management District standards and therefore, will not create a drainage issue. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The site planning process,PUD dimensional standards,and LDC requirements will ensure that light and air circulation are not seriously affected. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by many factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Since the Granada Shoppes PUD is existing, the proposed amendment should not be a deterrent to the improvement of adjacent properties. Granada Shoppes PUD,PUDA-PL20160001981 Page 7 of 10 October 20,2016 CCPC 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning, The subject property has been developed within the parameters of the existing land-uses; however, the addition of a new use to the currently permitted uses will be consistent with the uses in a Mixed Use Activity Center. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The subject PUD was evaluated at the rezoning stage and was deemed consistent with the GMP. The GMP is a policy statement which has evaluated the scale,density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other parcels in the County suitable for commercial uses.However,a Mixed Use Activity Center is deemed to be a place for diverse commercial uses. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. This project will undergo evaluation relative to all federal,state,and local development regulations during the site development plan approval process and again as part of the building permit process. However,since the site is currently developed,this process will be minimal. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff who is responsible for jurisdictional elements of the GMP as part of the PUD process and staff has concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners(Board)shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. Deviation Discussion: Granada Shoppes PUD,PUDA-PL20160001981 Page 8 of 10 October 20,2016 CCPC The petitioner is not seeking approval of any deviations from the requirements of the LDC. ENVIRONMENTAL ADVISORY COUNCIL(EAC)REVIEW: This project does not require review by the EAC since the project did not meet the EAC scope of land development project reviews. NEIGHBORHOOD INFORMATION MEETING(NIM): A NIM was held on September 22,2016 at 5:30 PM at the Vanderbilt Presbyterian Church.Questions were asked,but no objections were voiced. The NIM transcript is attached as part of the back-up. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on October 6,2016. RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-PL20160001981 to the Board with a recommendation of approval. Attachments: Draft Ordinance Application&Support Material PREPARED BY: Granada Shoppes PUD,PUDA-PL20160001981 Page 9 of 10 October 20,2016 CCPC ORDINANCE NO. 16 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2001-17, THE GRANADA SHOPPES PLANNED UNIT DEVELOPMENT BY REMOVING OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PROHIBITED USE; BY ADDING INDOOR/OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS A PERMITTED PRINCIPAL USE; AND BY ADDING OUTDOOR DISPLAY OF MERCHANDISE DURING BUSINESS HOURS AS AN ACCESSORY USE; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY, CONSISTING OF 39.23+/- ACRES, IS LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [PUDA- PL20160001981] WHEREAS, on February 27, 2001, the Board of County Commissioners approved Ordinance No. 01-17, which established the Granada Shoppes Planned Unit Development (PUD); and WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates and Richard Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A. representing Ocean Boulevard Partnership Associates, LLLP,petitioned the Board of County Commissioners of Collier County, Florida,to amend Ordinance 2001-17,the Granada Shoppes PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Section 3.3, Permitted Uses and Structures, of the Planned Unit Development Document of Ordinance Number 2001-17, Granada Shoppes PUD. Section 3.3, Permitted Uses and Structures, of the Planned Unit Development Document, previously attached as Exhibit A to Ordinance Number 2001-17, the Granada Shoppes PUD, is hereby amended as follows: [16-CPS-01593]35� Page 1 of Granada Shoppes/1 UDA-PL20160001981 9/26/16 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. All permitted uses in the C-4 Zoning District of the Collier County Land Development Code, as of March 27, 2001, except: a) Agricultural Services (groups 0711-0783) b) Amusements and Recreation (Outdoor-groups 7948, 7992, 7996 and 7999) c) Automotive Repair Facilities (7532-7539) d) Hospitals (8062-8069) e) Membership Organizations (8611-8699) f) Outdoor Retail Nurseries, Lawn and Garden Supply Stores(5261) gf) Marinas(4493) lig) Pawnshops(5932) 4h) Group Care Facilities 2. Kiosk Vendors 3. Indoor/Outdoor Retail Nurseries,Lawn and Garden Supply Stores (5261) 44, Retail Home and Garden Centers (5211, 5251) B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Outdoor dining shall be permitted as an accessory use to the hotel and to a restaurant,provided adequate pedestrian accessibility is provided. 3. Outdoor display of merchandise is permitted during business operation hours_ [16-CPS-01593]35 Page 2 of 3 Granada Shoppes/PUDA-PL20160001981 9/26/16 SECTION TWO: Effective Date, This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Heidi Ashton-Cicko AO- Managing Assistant County Attorney [16-CPS-01593J 35 Page 3 of Granada Shoppes/PUDA-PL20160001981 9/26/16 PREPARED BY: a 10.3- /(. FRE:F ".�SCHL,AICP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: l' ;," ✓ RAYMOND ELLOWS,ZONING MANAGER PATE ZONING DIV ION /2t290416 '_ --� /0-S /6 MIKE BOSI,AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: ..�_= A — 5' � - f l4 .11S RENCH,DEPUTY DEPARTMENT HEAD DATE 'OV+(TH MANAGEMENT DEPARTMENT O f(-- V /(' �(�.. /j/ �. DAVID S. WILKISON, DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the November 15,2016 BCC Meeting. Granada Shoppes PUD,PUDA-PL20160001981 Page 10 of 10 October 20,2016 CCPC AGENDA ITEM 9-E This item has been continued from the July 7, 2016 CCPC meeting. You have received the full packet materials at the July 7'h meeting, please make sure you have your packets from this meeting. Additional materials are attached. P120130002637/CPSP-2013-11 : A Resolution of the Board of County Commissioners proposing County- Initiated Amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to amend the Area of Critical State Concern Overlay within the Future Land Use Element to provide for a variance procedure for Essential Services to the State and Local Regulations Pertaining to the Area of Critical State Concern, and to update and clarify text and correct map errors and omissions specifically amending the Conservation and Coastal Management Element; Future Land Use Element and Future Land Use Map Series; Golden Gate Area Master Plan and Future Land Use Map; Stormwater Management Sub-Element of the Public Facilities Element to remove the discharge rates; Transportation Element and Transportation Map Series; and the Capital Improvement Element; and Furthermore recommending Transmittal of these Amendments to the Florida Department of Economic Opportunity. [Coordinator: Corby Schmidt, AICP, Principal Planner] Clerk's Office Agenda Item #9 E COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS .up �---- 2013 Batch#2 GMP AMENDMENTS (TRANSMITTAL HEARING) [Petitions: Project PL20130002637/CPSP-2013-11] CCPC: October 20, 2016 [continued from June 16, 2016 & July 07, 2016] BCC: December 13, 2016 .� 2013 Batch #2 In-House GMP (EAR-Based) Amendments TRANSMITTAL HEARING AGENDA Project PL20130002637/Staff Petition CPSP-2013-11 CCPC July 07, 2016 [continued from June 16, 2016] Re-advertised for October 20,2016 - continuation 1) Transmittal Addendum Staff Report DOCUMENT: Addendum to CCPC Staff Report PL20130002637/CPSP-2013-11 2) Transmittal Resolution (revised) DOCUMENTS: Revised Transmittal Resolution with Exhibit "A" Text and/or Maps: PL20130002637/CPSP-2013-11 3) TAB: Legal Advertisement(s) DOCUMENT: CCPC Re-Advertisement: PL20130002637/CPSP-2013-11 The revised Resolution contains amendments(s)that include the following (*amended) GMP Elements: 1) *Conservation & Coastal Management Element 2) *Capital Improvement Element 3) *Future Land Use Element & FLU Map and Map Series Exhibit 'A' Maps (includes an additional text changes of the Area of Critical & State Concern (ACSC) 4) Golden Gate Area Master Plan Future Land Use Map 5) Stormwater Management Sub-Element; and 6) *Transportation Element & Exhibit 'A' Maps: [*TR-1, *TR-2, TR-3, TR-3.1, TR-3.2, TR-3.3, TR-3.4, TR-3.5, TR-4, TR-5; TR- 6, and TR-8] **PLEASE BE SURE TO BRING YOUR PREVIOUS AGENDA PACKETS FROM THE JULY 07, 2016 CCPC MEETING. THE ABOVE ATTACHED, ARE REVISIONS ONLY!! Agenda Item 9.E Co er Covi.-ri ty ADDENDUM to STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: OCTOBER 20, 2016 RE: PETITION NO. PL20130002637/CPSP-2013-11, STAFF-PROPOSED AMENDMENTS TO THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP, STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, TRANSPORTATION ELEMENT AND TRANSPORTATION MAP SERIES,AND THE CAPITAL IMPROVEMENT ELEMENT OF THE GROWTH MANAGEMENT PLAN [TRANSMITTAL HEARING] Modifications have been made, per CCPC discussion and consensus at the July 7 CCPC hearing, to portions of the Transmittal Resolution Exhibit A. These changes are denoted and briefly explained below. No changes were discussed to the Golden Gate Area Master Plan Future Land Use Map or Stormwater Management Sub-Element of the Public Facilities Element, and these portions of the Transmittal Resolution Exhibit "A" are unchanged from their July 7 versions. Also, one new provision is added to the FLUE, an allowance for variance to the Area of Critical State Concern regulations for certain essential services. The added text and explanation/justification is provided within the FLUE portion of this report (pages 3-5). Formatting explanation: Words underlined are added; words struck through are deleted — as presented to CCPC on 7/7/16. Words double underlined are added; words doublc struck through are deleted —per 7/7/16 meeting. CCME: Policies 7.1.2(2), 7.1.2(2)(a), and 7.1.2(2)(c): Include a public awareness program for new preserves as part of habitat management plans for listed species and other protected species,to educate residents about preserves within their developments and the need to maintain the habitat within preserves, as follows (for multiple species, not just scrub jay): Policy 7.1.2: (2) Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated indicates listed species or the protected species identified below are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Management plans for new preserves shall also outline a sublic awareness nro•ram to educate residents about the on-site preserve and the need to maintain habitat within the .reserve for listed s.ecies and those .rotected s.ecies identified below. — 1 — Agenda Item 9.E (a) Management plans for new preserves shall incorporate proper techniques to protect listed species and those irotected s•ecies identified below and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. *** *** *** *** *** text break *** *** *** *** *** (c) Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall : -- - - _ - . - , , . ' - , . . alse provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub -__-3 --. These requirements shall be consistent with the UFWS South Florida Multi Species Recovery Plan, May 1999, subject to the provisions of paragraph(3) of this policy. Coincides with similar changes in the FLUE, Policy 10.5.1: Clarify the type of recreation which is compatible with the natural functions of beaches and dunes on undeveloped shorelines; providing context within the Policies supporting Objective 10.5, as follows: Policy 10.5.1: Passive Rrecreation that is compatible with the natural functions of beaches and dunes is shall be regarded as the highest and best land use. Policy 10.5.4: Provide clarity regarding the scope of prohibited structures, as follows (change "shall" to "may"): Policy 10.5.4: The County sal may p rohibit construction of any structure seaward of the Coastal Construction Setback Line. Exceptions shall be allowed for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event,require construction that shall minimizes interference with natural functions of such beaches and dunes. Policy 12.1: Remove redundancy and correctly identify the agency name, as follows: OBJECTIVE 12.1: Maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shall be is defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e.,winds equal to or greater than 39 mph. To further this eObjective, for future mobile home developments located outside of the storm surge zone, such development shall is to include on-site sheltering or retro-fitting of an adjacent facility. The Collier County Bureau of Emergency Services shall continues to seek —2— Agenda Item 9.E opportunities to increase shelter facilities and associated capacities under the direction of the Department of the Florida Division of Emergency Management. CIE: Policy 5.3 D., now 5.5 D.: Update/correct map references, as follows: Policy 5. . 5: D. The necessary facilities and services are under construction or under contract pursuant to a FDOT 5-Year Work Program and are consistent with the Collier County ao24 2040 Long Range Needs Plan or the 2030 2040 Long Range Transportation Plan(LRTP), as adopted by the Collier County Metropolitan Planning Organization(MPO); or FLUE: Objective 4 and Policy 4.1: Correct mid-sentence capitalization and clearly indicate requirements for planning "studies", as follows: OBJECTIVE 4: Continually refine the Future Land Use Element through detailed planning in In order to improve coordination of land uses with natural and historic resources, public facilities, economic development,I4housing and urban design, - . . ., . _ - -- - - .. - Policy 4.1: Planning studies -- - -- - - , _- -- 9 e may address specific geographic or issue areas. ACSC: To list of exotic plant species, delete an errant reference to multiple species ("spp.") where the specific species is listed. Also, though the specific species name listed may, or may not, remain accurate, no change is made so as to be identical to that listed in State law. Substantively, and new to this petition, the following changes are made - all added text is at end of the ACSC Overlay: 1)As allowed by Rule Chapter 28-25, F.A.C., Land Planning —Part Ill Boundary and Regulations for Big Cypress Area of Critical State Concern, add provision for the Land Development Code (LDC) variance process to be applicable to ACSC regulations, and provide that the LDC will be amended, as necessary, within one year to implement this allowance; 2) limit the applicability of the variance to select essential services; 3) advise the reader that this variance allowance does not alter the allowable essential services beyond that provided for under the future land use designation and zoning; 4) for essential services directly related to development, limit the variance to that necessary to serve development as presently allowed by the GMP and zoning; 5) provide criteria — taken from the variance section of the LDC; 6) specify the particular ACSC regulations that are subject to the variance process; and, 7) as required by Ch. 28-25, provide that the variance can only be approved where the development is designed to have minimum adverse impacts. Staff did not originally include this variance provision because it was thought that the amendment needed to include significant parameters for the variance and there was not adequate time to do so; staff intended to bring this variance provision forward as a separate GMP amendment at a later time. However, based upon recent communications with the ACSC Review Team at the Florida Department of Economic Opportunity (DEO), staff is now of the opinion that the amendment proposed will be acceptable to DEO staff. —3 — Agenda Item 9.E The genesis for this added text are three circumstances that have arisen over the past three or so years for different properties lying within the ACSC (and, some limitations are added to address concerns raised by DEO staff as they reviewed various drafts of this amendment). First, Everglades City needed to expand their water treatment plant located in Copeland that would have necessitated impacting wetlands. Ultimately, they were able to revise their proposed site plan so as not to run afoul of ACSC limitations. Second, the Seminole Tribe of Florida desires to develop a small site (1.84 acres) with an essential service/community center use that may impact wetlands and will exceed the 10% site alteration limitation. Third, the Lee County Electric Co-op needs to expand development on an existing power substation site that will exceed the 10% site alteration limitation and impact protected wetlands (site is 5.45 acres; development dates to 1974). None of these three scenarios promote, or result in, more development occurring in the ACSC beyond that already allowed by present future land use designations and zoning. Staff is of the opinion that all three circumstances are examples of where some relief to the stringent requirements of the ACSC regulations appear to be appropriate. Four of the essential services listed in the amendment may serve development and/or serve those travelling through the ACSC — police, fire, emergency medical services, communication towers. Therefore, staff does not propose that a variance for those facilities be limited to serving development as presently allowed by the existing GMP and zoning, whereas other essential services (water, gas, phone, electricity) are subject to such a limitation. Three variance criteria are proposed, each taken verbatim from LDC Sec. 9.04.03, Criteria For Variances. However, the LDC provides that these, and five other criteria, are standards for consideration by the CCPC in formulating a recommendation to the board of zoning appeals, and these criteria apply only to zoning numerical standards—setbacks, height, buffer dimensions, number of signs and parking spaces, etc. The LDC provides the CCPC with broad latitude in considering zoning variances. Staff proposes that at least one of the three criteria in the FLUE must be met in order for the variance to be granted and, of course, the variance is applicable to limitations in the ACSC regulations, not zoning standards. The variance would only apply to the three ACSC regulations that are most impacting/restricting to proposed development, as identified in the three examples cited above, and that are numerical standards (10% maximum site alteration limitation; 50% maximum of the site alteration area for non- permeable surface limitation; 100% limitation to alter or destroy specified plant species). Staff emphasizes that the types of essential service uses for which the variance would be applicable is limited, as reflected in the draft language; the amount of development (residential, commercial, etc.) allowed by existing zoning and FLUM designations, for which essential services might be needed, is limited for the vast majority of the ACSC — notable exceptions are a portion of the RLSA, Rural Lands Stewardship Area, and the Copeland Urban designated area; and, the vast majority of the ACSC land area is owned by various government agencies (90%), mostly for conservation purposes (e.g. Big Cypress National Preserve, Florida Panther NWR, Ten Thousand Islands NWR, Fakahatchee Strand Preserve State Park). The ACSC regulations were established over forty years ago. The stated purposes of the ACSC regulations, as expressed in Ch. 28-25, are: "to conserve and protect the natural, environmental and economic resources and the scenic beauty of the Big Cypress Area, including ... ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically related areas. It is the further purpose of these regulations to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, welfare, safety and quality of life of the residents of the state." Therefore, it is appropriate that any variance allowance be limited in scope so as not to undermine the purposes of the ASCS regulations. —4— Agenda Item 9.E A. Area of Critical State Concern Overlay ** *** *** *** text break *** *** *** *** *** *** c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic Undesirable exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood- (Bischofia javanica) Brazilian Pepper- (Shinus terebinthfolius) Melaleuca(cajeput) - (Melaleuca leucadendra ) *** *** *** *** text break *** *** *** *** *** *** Formatting explanation for the following section only: Words underlined are added; words are deleted — as they appear in the Addendum to the Staff Report dated September 1, 2016. Words double underlined are added; words are deleted — per further revisions prepared for the October 20, 2016 CCPC. All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Economic Opportunity for review with the potential for appeal to the Administration Commission per Chapter 73C-44, Florida Administrative Code, "Community Planning, Development Order Requirements for Areas of Critical State Concern". In accordance with Chapter 28-25.011, F.A.C., the zoning variance procedure contained in the Collier County Land Development Code, Ord. No. 04-41, as amended, shall be applicable to the ACSC Regulations. Within one year of the effective date of this amendment establishing the applicability of the variance procedure, the variance procedure and criteria in the Collier County Land Development Code shall be amended, as necessary, to address ACSC regulations. Any variance to the ACSC regulations shall be subject to the following restrictions: Laj A variance shall only be applicable to essential services consisting of those services and facilities necessary to promote and protect public health, safety and welfare, limited to the following: police;fire; emergency medical;all services designed and operated to provide water,s.ewim gas, telephone,electricity,cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction. This shall not be deemed to allow such essential services uses where the underlying future land use designation or zoning designation does not allow such uses. A variance shall onl be • anted eertainin• to water_•as tele.hone or electrici where those essential service uses are desi• ed to serve develo.ment as allowed b the • owth mana l ement elan and zonin• re• lations in effect as of the date of ado.tion of this amendment 2017 . (c) A variance shall only be granted if it is demonstrated that: there are special conditions and circumstances existin• which are peculiar to the location, size, and characteristics of the land structure, or building involved; or there are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property —5— Agenda Item 9.E which is the subject of the variance request; or the variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. (d) A variance shall only be applicable to the following three ACSC regulations: site alteration limitation of 10%of the total site size; installation of non-permeable surfaces limitation of 50% of the site alteration area; and, 100% limitation on altering or destroying specified mangrove trees and salt marsh grasses, by area. (e) No variance shall be granted for any development within the ACSC unless such development is designed to have minimum adverse impact on the ACSC's water storage capacity, surface water and estuarine fisheries. RLSA Policies 3.1, 3.2 and 3.3: Withdraw proposed changes to RLSA Overlay FSA, HSA and WRA acreage figures—to be reconsidered at a later date. Also withdraw the initially-proposed corrections to the "HAS" acronym to read "HSA" remain, as the acronym appears correctly in the adopting Ordinance [2002-54]. RLSA Policies 5.5.2., 5.5.2.a., and 5.5.2.c.: Include a public awareness program for new preserves as part of habitat management plans for listed species and other protected species, to educate residents about preserves within their developments and the need to maintain the habitat within preserves, as follows: Policy 5.5: 2. Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated indicates listed species or the protected species identified below are utilizing the site,or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Mana.ement .lans for new .reserves shall also outline a .ublic awareness .ro' am to educate residents about the on-site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. 2.a. Management plans for new preserves shall incorporate proper techniques to protect listed species and those •rotected s.ecies identified below and their habitats from the negative impacts of proposed development. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. 2.c. Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall . . . •- . , _ •. -- .•- - . . . ' - .. . ' - . •. . Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outlinc a public maintain the o ._ :2: ' -. These requirements shall be consistent with the UFWS —6— Agenda Item 9.E South Florida Multi Species Recovery Plan, May 1999, subject to the provisions of paragraph(3) of this policy. Coincides with similar changes in the CCME. Transportation Element: Objective 3 and Policy 3.5: Clarify the type of development agreements, studies, plans and programs; providing context within the Policies supporting Objective 3, as follows: OBJECTIVE 3: Provide for the protection and acquisition of existing and future rights-of-way based upon improvement projects identified within the Five Year Work ProgramBoardapproved development agreements, and/or the Collier County Metropolitan Planning Organization's (MPO's) adopted Long-Range Transportation Plan and/or other similar Board approved studies, plans and programs. Policy 3.5: A. The County is considering the viability of a Thoroughfare Corridor Protection Plan (TCPP) ordinance and land development regulations that: 1. identify, in detail, corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan} an—ethsr Board approved development agreements,the Collier Metropolitan Planning Organization's(MPO's)adopted Long-Range Trans sortation Plan and/or other similar Board a.'roved studies .lans and .ro.rams; and *** *** *** *** *** text break *** *** *** *** *** All of the above must be consistent with the currently adopted Long Range Transportation Plan and/or other similar Board approved- studies, agreements, plans and programs, and Chapter 336.02, Florida Statutes. Policy 5.5: Delete specific name of an agency so as to retain only a generic name reference, as follows: Policy 5.5: Commercial developments within the South US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the .. . •: - ' .,-. .. Department County transportation planning agency :_ - - .-_ . : - -_ _•-_-- of the Growth Managcmcnt Dcpartmcnt) that at least four (4) of the following Transportation Demand Management(TDM) strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division County transportationplanning agency , Planning Scction of the Growth Management Dcpartmcnt) on forms provided by the Division agency. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. Map TR-1.: Remove 1-75 interchange at Everglades Blvd.; add a note at bottom of map; and, make general map corrections. Map TR-2: Remove 1-75 interchange at Everglades Blvd.; add a note at bottom of map; and, add to legend and map face an interchange study area. G:\CBES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\CPSP-2013.11 Second Batch Amendments\aaa Batch.2 Materials fr Sept 01 CCPC\Olaaa CPSP-13.11 Batch 2 Staff Opt Add Ir Oct 20 CCPC.docx dw/0-4-16;dw,mb,cs/10-7-16 —7— RESOLUTION NO. 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING COUNTY-INITIATED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO AMEND THE AREA OF CRITICAL STATE CONCERN OVERLAY WITHIN THE FUTURE LAND USE ELEMENT TO PROVIDE FOR A VARIANCE PROCEDURE FOR ESSENTIAL SERVICES TO THE STATE AND LOCAL REGULATIONS PERTAINING TO THE AREA OF CRITICAL STATE CONCERN, AND TO UPDATE AND CLARIFY TEXT AND CORRECT MAP ERRORS AND OMISSIONS SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP; STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO REMOVE THE DISCHARGE RATES; TRANSPORTATION ELEMENT AND TRANSPORTATION MAP SERIES; AND THE CAPITAL IMPROVEMENT ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20130002637/CPSP-2013-11] WHEREAS, Collier County, pursuant to the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff has prepared amendments to the following elements of its Growth Management Plan: Conservation and Coastal Management Element; Future Land Use Element and Future Land Use Map and Map Series; Golden Gate Area Master Plan Future Land Use Map; Stormwater Management Sub-Element of the Public Facilities Element; 15-CMP-00954/286 Page 1 of 3 Batch#2 GMP Transmittal Amendments 10/12/16 Words underlined are additions; Words stfuelE-thretigh are deletions Transportation Element and Transportation Map Series; Capital Improvement Element and WHEREAS, on October 20, 2016, the Collier County Planning Commission considered the proposed EAR-based amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, on December 13, 2016, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendments to the Growth Management Plan to the state land planning agency in accordance with Section 163.3184, Florida Statutes; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty(30) days to review the proposed amendment and DEO must transmit, in writing,to Collier County its comments within said thirty(30) days pursuant to Section 163.3184,F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty(180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), P.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendments, prior to final adoption. THIS RESOLUTION adopted after motion, second and majority vote this _ day of , 2016. 15-CMP-00954/286 Page 2 of 3 Batch#2 GMP Transmittal Amendments 10/12/16 Words underlined are additions; Words stfusk-thr-eugh are deletions ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A a Text and Maps 15-CMP-00954/286 Page 3 of 3 Batch#2 GMP Transmittal Amendments 10/12/16 Words underlined are additions;Words struck thr.0 g are deletions Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 PL20130002637/C PS P-2013-11 EXHIBIT "A" CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME) Update and make current the Table of'Contents, along with corresponding titles, heading and other entries—inside and between Elements—to maximize internal consistency. U. GOALS, OBJECTIVES & POLICIES GOAL 1: [Reference text only, page 3] TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF THE COUNTY'S NATURAL RESOURCES. OBJECTIVE 1.1: [Revised text, page 3] Continue to m Maintain a comprehensive environmental management and conservation program to ensure that natural resources, including State and Federally listed animal species within the County are properly, appropriately, and effectively identified, managed, and protected. Policy 1.1.1: Collier County has established and will maintains an Environmental Advisory Council (EAC), which advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC) and the Board of County Commissioners(BCC) in implementing the County's environmental resources management programs. Policy 1.1.2: Collier County has incorporated the gGoals,°Objectives and pPolicies of this Conservation and Coastal Management Element... *** *** *** *** *** text break *** *** *** *** *** Policy 1.3.1: [Revised text, page 4] The NRPA program shall direct incompatible land uses away from significant environmental systems that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and support a wide variety of listed species. The program shall include the following: a. Identification and mapping of NRPAs as an overlay to the Future Land Use Map; (During the Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle Meade, and a portion of the Northern Belle Meade shad be identified as NRPAs. The County also has determined that the South Golden Gate Estates is a NPRA. The specific boundaries have been identified as NRPAs on the Future Land Use Map.) *** *** *** *** *** text break *** *** *** *** *** Policy 1.3.2 [Revised text, page 5] The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A Stewardship Credit system has been established that shall serve as the primary basis for the protection of Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). The RLSA Overlay also contains policies to that shall direct incompatible land uses away from FSAs, HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA. *** *** *** *** *** text break *** *** *** *** *** Page 1 of - DRAFT Words underlined are added;words st #hrough are deleted. Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT--CCPC Transmittal Draft 9/01/16 OBJECTIVE 2.1: [Revised text, page 6] *** *** *** *** *** text break *** *** *** *** *** a. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 4.2.1(a) of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District(2014), - ---- - , • :• -- - - - - - - . . -- _ - , and the retention and detention requirements, and the allowable off-site discharge rates required-4 - _ •• _ - •- _ _ .. - . ,. _ •- - • -. - z. _ - _._, -__ - provided in the Land Development Code; *** *** *** *** *** text break *** *** *** *** *** d. All development located within areas identified on Figure 1 shall be evaluated to... avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin • . .. ., .. . --- -- -- - - --- - - - - - Management Plans as provided in the Land Development Code. *** *** *** *** *** text break *** *** *** *** *** Policy 2.3.6.b: [Revised text, page 9] b. Excluding single family homes, any project impacting five (5) acres or more of wetlands shall provide... *** *** *** *** *** text break *** *** *** *** *** Policy 3.1.4: [Revised text, page 11] Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: 1. Wellhead protection areas shall consist of four (4) Wellfield Risk Management Zones defined as follows: a) Zone W-1 is the land area surrounding the identified potable water wellfield wellheads and extends to the five percent (5%) ground water capture zone boundary line (which approximates the one year ground water travel time to the wellfield). b) Zone W-2 is the land area between the W-1 boundary line and the ten percent (10%)ground water capture zone boundary line (which approximates the two)year ground water travel time to the potable water wellfield). c) Zone W-3 is the land area between the W-2 boundary line and the twenty-five percent(25%) ground water capture zone boundary line(which approximates the five u year ground water travel time to the potable water wellfield). d) Zone W-4 is the land area between the W-3 boundary line and the 400 one-hundred percent (100%) ground water capture zone boundary line (which approximates the twenty,(20)year ground water travel time to the potable water wellfield). 2. Land uses are restricted within the wellfield risk management zones as follows: a) Future solid waste disposal facilities:are prohibited in all wellfield risk management zones. b) Future solid waste transfer stations:are prohibited in zones W-1, W-2, and W-3. Page of ;: DRAFT Words underlined are added;words struck rough are deleted. 2 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT-CCPC Transmittal Draft 9/01/16 c) Future solid waste storage, collection, and recycling storing hazardous products and hazardous wastes;are prohibited in zones W-1, W-2, and W-3. d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid gallons or 1,000 pounds of solids;must provide for absorption or secondary containment in zones W-1, W-2, and W-3. e) Future domestic wastewater treatment plants;are prohibited in zone W-1. f) Future land disposal systems; must meet high level disinfection standards as found in Title 40 CFR part 135. g) Land application of domestic residuals;are required to limit metal concentrationsi nitrogen based on uptake ability of vegetation), and require a Wellfield eConditional RUse. e. . and W 2, conditional use required in W 3 and W 1. _ - - - 1-)11) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than 1,000 square feet are allowed to discharge in zone W-1 subject to complying with construction standards and provision of an automatic dosing device and a low-pressure lateral distribution. j)1 On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject to the thresholds in d) and e) above within wellfield zones W-1, W-2, and W-3 shall are required to meet all construction and operating standards contained in 64E-10, F.A.C. as the rule existed on August 31, 1999 and shall to implement a ground water monitoring plan. 3. Wellfield Conditional uses referenced within this pPolicy... *** *** *** *** *** text break *** *** *** *** *** Policy 3.3.2: [Revised text, page 13] Collier County shall use its three-dimensional computer model to calculate the actual "cones of depression" around the County's existing potable water wellfields. After at least 15 days publication of the maps of the proposed"zones of protection"for each such wellfield before each hearing by the EAC, Planning Commission and the Board of County Commissioners, the County shall then amend the appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones of protection"within the Caine Future Land Use Map Series. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 4.2: [Revised text, page 14] Continue to promote conservation of Collier County's potable water supply and will continue to develop, implement and refine a comprehensive conservation strategy through the Collier County Water-Sewer District and the Collier County Water and Wastewater Authority, which i wll., i.� ;* y identifies specific goals for reducing per capita potable water consumption. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5.4: [Revised text, page 16] The County shall m Maintain it!s the County's program to control soil erosion through its regulations identifying criteria to control and reduce soil erosion and sediment transport from construction and other nonagricultural land disturbing activities. *** *** *** *** *** text break *** *** *** *** *** of .._ DRAFT Words underlined are added;words struck struck44ough are deleted. 3 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9101116 GOAL 6: [Reference text only, page 16] TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: [Revised text, page 16] Protect native vegetative communities through the application of minimum preservation requirements. (The Policies under this Objective shall apply to all of Collier County except for that portion of the County which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship Area Overlay.) Policy 6.1.1: For the County's Urban Designated Area... pursuant to pPolicies supporting Objective 2.1 of this Element. ... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 17] (1) For the purpose of this pPolicy, ...specified in this pPolicy... (2) The preservation of... (3) Areas that fulfill the native vegetation retention standards and criteria of this pPolicy shall be set aside... consistent with the requirements of this pPolicy. ... (4) Selection of native vegetation to be... a. Wetland or upland areas... the requirements of Policy 7.1.1 and 7.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** ._ [Revised text, page 18] (5) The uses allowable within preserve areas are limited to: a. ...standards that implement this pPolicy shall be... b. ...according to the pPolicies associated with Objective 7.1. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.2: *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 22] (1) For the purpose of this pPolicy... specified in this pPolicy... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 22] (3) Areas that fulfill ...the native vegetation retention standards and criteria of this pPolicy... consistent with ...the requirements of this pPolicy. ... (4) a. ...the requirements of Policy 7.1.1 and 7.1.2 of this eElement. (5) b. ...according to the pPolicies associated with Objective 7.1... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 23] (8) ...required in this pPolicy... (10) ...pursuant to Policy 6.5.2 of this eElement. ...in COME Objective 6.5 of this eElement. Page of._ _ DRAFT Words underlined are added;words stru4-through are deleted. 4 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.5: [Revised text, page 24] ...in Policies 6.1.1, and 6.1.2 of this eElement... ...the requirements of Policy 6.1.1 and 6.1.2 of this eElement... *** *** *** *** *** text break *** *** *** *** *** Policy 6.1.9: [Revised text, page 25] ...the pPolicies supporting Objective 6.1. OBJECTIVE 6.2: ...the appropriate pPolicies under Goal 6. (The County's wetland protection policies and strategies shall-be are coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element.) *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.5: [Revised text, page 29] ...of Policy 6.1.2 of this eElement... This pPolicy shall be implemented... (1) ...of Policy 6.1.2 of this eElement... a. The acreage requirements of Policy 6.1.2 of this eElement shall be met be y preserving... ...in paragraph (2) of this pPolicy. ...This pPolicy is... ...by Policy 6.1.2 of this eElement. ...by Policy 6.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** (3) ...of paragraph (6) of this pPolicy. (4) ...within Policy 6.2.7 of this eElement. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 31] (6)a.4. ...with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this pPolicy ...with this pPolicy... (6)a.5. ...the requirements of Policy 6.2.7 of this eElement. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.6 [Revised text, page 31] ...in Policy 6.2.5(5)d of this eElement... Policy 6.2.7: [Revised text, page 32] ...This pPolicy shall be implemented as follows: (2) ...pursuant to pPolicies supporting Objective 2.1 of this Element... (3) ...pursuant to pPolicies supporting Objective 2.1 of this Element... *** *** *** *** *** text break *** *** *** *** *** Policy 6.2.9: [Revised text, page 33] ...the pPolicies supporting Objective 6.2. OBJECTIVE 6.3: [Revised text, page 33] The-Ceunty--shall p Protect and conserve submerged marine habitats. *** *** *** *** *** text break *** *** *** *** *** rage of DRAFT Words underlined are added;words stelek-thFeogicf are deleted. 5 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 OBJECTIVE 6.4: [Revised text, page 33] The-Ceunty will p Protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. *** *** *** *** *** text break *** *** *** OBJECTIVE 6.5: [Revised text, page 33] The-Count al p Protect natural reservations from the impact of surrounding development. For the purpose of this Objective and its related pPalicies . natural reservations shall include only Natural Resource Protection Areas (NRPAs)and designated Conservation Lands on the Future Land Use Map,; Such development includes all projects except for permitting and construction of single-family dwelling units situated on individual lots or parcels. This Objective and its Policies shall apply only to the Rural Fringe Mixed Use 8District [except as noted in Policy 6.5.3 below]. *** *** *** *** *** text break *** *** *** *** *** Policy 6.5.2: [Revised text, page 34] The following criteria shall apply to development contiguous to natural reservations in order to reduce negative impacts to the natural reservations: (1) d. ...in Policy 6.1.1 and 6.1.2 of this eElement. *** *** *** *** *** text break *** *** *** *** *** (3) Within the Rural Fringe Mixed Use District, ...as specified in Section 4.2.2(b), of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District(2014),or its successor. (4) Proposed development ...projects shall be designed in accordance with Sections 3.10, 10.2.2.4 of the Environmental Resource Permit Applicant's Handbook Volume 1, and Sections 3.11 and 3.12 of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District(2014), or its successor. *** *** *** *** *** text break *** *** *** *** *** GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: [Reference text only, page 36] Direct incompatible land uses away from listed animal species and their habitats... Policy 7.1.1: [Revised text, page 36] *** *** *** *** *** text break *** *** *** *** *** (6) All other Policies supporting Objective 7.1 of this eElement. Policy 7.1.2: [Revised text, page 37] *** *** *** *** *** text break *** *** *** *** *** (2) Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated indicates listed species or the protected species identified below are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Management plans for new preserves shall also outline a public awareness program -- to educate residents about the on-site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. Page '-" of DRAFT Words underlined are added;words struck rough are deleted. 6 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 (a) Management plans for new preserves shall incorporate proper techniques to protect listed species, and those protected species identified below, and their habitat from the negative impacts of proposed development. Developments shall be clustered to discourage impacts to listed species habitats. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. *** *** *** *** *** text break *** *** *** *** *** (2)(a)2. ...subject to the provisions of paragraph (3) of this pPolicy. 3. ...contained in Policy 6.1.1 and Policy 6.1.2 of this eElement. The County shall also consider the recommendations of other agencies, subject to the provisions of paragraph (3) of this pPolicy. (b) For parcels containing gopher tortoises (Gopherus polyphemus), priorityshall be given habitat management plans are required and shall give priority to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (c) Habitat preservation plans for the Florida scrub jay(Aphelocoma coerulescens)are required and shall -- - -- - - - - . - ••• - : - - - _ ._ . ?, - -- _•- - - -- - _ - ' - :••••"e•, •• • . ••. • .e -••- • - - • - . provide for a maintenance program and specify aro appropriate fire or mechanical protocols to maintain the natural scrub community. - - - - - - -- • -- - - - -' - e: - - •-• • •:. • - -. .- . - -- - (d) For the bald eagle (Haliaeetus leucocephalus), the-required habitat management plans are required and shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. - - -- _' --- - - • . .- ._• • - . • . . - - '' - - -- • - _ , • .. a s. -- • - e- _e - -• - - - -- • • (e) For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plans are required and shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. _ -• • ---- • - - -- - . • . - 5, - - -- • - - - - (f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans are required and shall require that garbage be placed in bear preef _•- - , - _ - _ - _ - - _-- .. bear-resistant containers where such containers are available and accepted for use by Collier County, or containers stored in locations not easily accessible to bears. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. (g) For projects located in Priority I and Priority II Panther Habitat areas, the management plans are required and shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine fiatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the DRAFT Words underlined are added;words stiv6k-thr-augh are deleted � ��� of' 7 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT-CCPC Transmittal Draft 9/01116 project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use District shall be designed and -- managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. •- - - -' = • - - -- -- • - • • • ' . - '' - paragraph(3) of this policy. (h) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting to that necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. - . .' -•• - - et ' - • ' • • • • - - • - • - • *** *** *** *** *** text break *** *** *** *** *** Policy 7.2.2: [Revised text, page 40] ...of Policies 6.3.1, 6.3.2 and 6.3.3 of this eElement. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.1: [Revised text, page 43] Priorities fec Give priority to water dependent shoreline"land uses • . =- - • e - - - - - user} over water related shoreline land uses, based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. ... *** *** *** *** *** text break *** *** *** *** *** Policy 10.1.6: [Revised text, page 44] *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.3: [Reference text only, page 45] Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources System, predominantly in their natural state and protect, maintain and enhance their natural function. *** *** *** *** *** text break *** *** *** *** *** Policy 10.3.15: [Revised text, page 46] . • ,t n u n •.. - _ . Development on undeveloped coastal barrier islands within the Special Treatment" ("ST") zoning overlay district shall be reviewed through criteria established in the land development regulations. Applicable Policies under Goal 10 will be used in developing such criteria. *** *** *** *** *** text break *** *** *** *** *** Policy 10.4.3: [Revised text, page 47] ...Implementation of this pPolicy will be... *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 10.5: [Revised text, page 48] DRAFT Words underlined are added;words eek Thresh are deleted. page_" of�—. 8 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9/01116 _ - .. _ _ - - , _Provide improved opportunities for recreational, educational, scientific, and aesthetic enjoyment of coastal resources for undeveloped shorelines= - - - --- - • by protecting beaches and dunes and by... Policy 10.5.1: Passive Rrecreation that is compatible with the natural functions of beaches and dunes is shall be regarded as the highest and best land use. Policy 10.5.2: The County shall pRrioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 10.5.3: The County shall pRrohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 10.5.4: The County may pRrohibit construction of any structure seaward of the Coastal Construction Setback Line. Exceptions shall be allowed for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, few-ice construction that shall minimizes interference with natural functions of such beaches and dunes. *** *** *** *** *** text break *** *** *** *** *** Policy 10.5.6: [Revised text, page 49] The County shall rRegulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 10.5.7: The County shall plzursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 10.5.8: The County shall pRrohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 10.5.9: The County shall pRrohibit construction seaward of the Coastal Construction Setback Line except as follows: a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. *** *** *** *** *** text break *** *** *** *** *** Policy 10.5.12: [Revised text, page 49] For-all--b Beach front land development related projects shall require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. *** *** *** *** *** text break *** *** *** *** *** 'a £ i -of DRAFT Words underlined are added;words struck-through are deleted. 9 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9101116 Policy 10.6.1: [Revised text, page 50] ...applicable pPolicies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5 above... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 50] 6. The requirements of this pPolicy... *** *** *** *** *** text break *** *** *** *** *** Policy 11.1.1: [Revised text, page 50] Regulations regarding development and other land alteration activities that shall continue to ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with State standards. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.1: [Revised text, page 51] Maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time shale is defined as having residents and visitors in an appropriate refuge away from storm surge prior to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To further this °Objective, for future mobile home developments located outside of the storm surge zone, such development shall is to include on-site sheltering or retro-fitting of an adjacent facility. The Collier County Bureau of Emergency Services shall continues to seek opportunities to increase shelter facilities and associated capacities under the direction of the-DepaFtment cf the Florida Division of Emergency Management. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.4: [Revised text, page 52] .. The County shall continue--to maintain hurricane shelter requirements and standards for all new mobile home parks and mobile home subdivisions, or existing mobile home parks and mobile home subdivisions in the process of expanding,which accommodate or contain twenty-six (26)units or more. Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter space on-site, or to provide funding to enhance one or more existing public shelters off-site. The building which provides the on-site shelter space (if this option is chosen) will be of such a size as to provide shelter to park or subdivision residents at the rate of twenty (20.1 square feet per person. For the purposes of this pPolicy, the size of the on-site shelter structure shall be determined by estimating the park or subdivision population during the June-November time frame, based upon methodologies utilized by the Collier County -- - - • - • • - •-• ' -:• - •• - • Bureau of Emergency Services. *** *** *** *** *** text break *** *** *** *** *** Policy 12.1.8: [Revised text, page 53] The County's land development regulations shall include mitigation policies addressing flood plains, beach and dune alteration and storm water management. *** *** *** *** *** text break *** *** *** *** *** Page.2:- DRAFT 4f '' DRAFT Words underlined are added;words struck-through are deleted. 10 Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—CCPC Transmittal Draft 9101/16 Policy 12.1.14: [Revised text, page 53] -- All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that is required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities," 2007 2014). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than seventy-two 172)hours. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.2: [Revised text, page 54] Ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re-building cost from the affects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.1: [Revised text, page 55] The Comprehensive Emergency Management Plan shall comply with the pPolicies under this eObjective, and shall contain step-by-step details for post disaster recovery. *** *** *** *** *** text break *** *** *** *** *** Policy 12.3.3: [Revised text, page 55] The Recovery Task Force shall include the Sheriff, the Growth Management Division-Administrator Department Head,the Land-Deye;pment Services Zoning Director,the Bureau of Emergency Services Director and other members as directed by the Board of County Commissioners, such as representatives from municipalities within the County that have received damage from a storm. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 12.4: [Revised text, page 56] Make every reasonable effort to meet the emergency preparedness requirements of Persons with Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County Bureau of Emergency Services, in coordination with the County Health Department and other officials., shall opens and operates one or more refuges for persons listed on the County's Special Needs Registry and their caregivers. Medical and support equipment at such refuges will include, but are not necessarily h limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and defibrillators. PLEASE NOTE:Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements—as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. Page l of -- DRAFT Words underlined are added;words stRisk-through are deleted. 11 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—CCPC Transmittal Draft 9101116 PL20130002637/C PS P-2013-11 EXHIBIT "A" CAPITAL IMPROVEMENT ELEMENT (CIE) Update and make current the Table of Contents, along with corresponding titles, heading and other entries--inside and between Elements—to maximize internal consistency. Policy 1.1: [Revised text, page 2] The County shall establish standards for levels of service (LOS)for public facilities, as follows: *** *** *** *** *** text break *** *# *** ** *** Policy 1.5: The standards for levels of service of public facilities shall be as follows: *** *** *** *** *** text break *** *** *** *** *** D. County Potable Water Systems: [Revised text, page 6] County Water District= 170 150 gallons per capita per day (gpcd) E. County Sanitary Sewer-Wastewater Treatment Systems: [Revised text, page 7] North Sewer Wastewater Treatment Service Area =420100 gallons per capita per day (qpcd) South Sewer Wastewater Treatment Service Area = 100 gallons per capita per day (gpcd) *** *** *** *** *** text break *** *** *** *** *** Policy 4.1: [Revised text, page 10] The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be reviewed and updated annually as follows: A. *. . . _ - _ . - . - , _ _' - • - , -- - - - - - - -- - - - - .._ . _.._ B- Pursuant to Florida Statutes, 163.3177, the Schedule of Capital Improvements may be adjusted modified by ordinance not deemed to be an amendment to the Growth Management Plan fur • - --- - , - - -- -- - - - - -- ; - " .^ Z. - ; - _ __-e - - Policy 4.2: [Revised text, page 101 t The County shall adopt, by reference, into its Capital Improvement Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan and the District Facilities Work Program in order to achieve and maintain the adopted level of service standards for Public School Facilities. The School District Five-Year Capital Improvement Plan chili identify identifies the financially feasible school facility capacity projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program, prepared by the School District pursuant to Section 1013.35(1)(b), F.S., shall be is adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan. Adoption by the County, of the School District's Capital Improvement Plan and the District Facilities Work Program shall occur, without requiring separate action, with approval of the annual update to the Schedule of Capital Improvements of this off-Collier DRAFT Words underlined are added;words struck through are deleted. 1 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 --- • --- - - - • ••• • ' - • Element. FY 15 34, approved on May 13, 2014; and, the District *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: (CONCURRENCY MANAGEMENT) [Revised text, page 12] Ensure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development through a Concurrency Management System. Policy 5.0-1: [Renumbered text only, page 12] Policy 5.0:-2: [Renumbered text only, page 12] Policy 5.4 3: [Renumbered text only, page 12] Policy 5.2 4: [Renumbered text only, page 12] A. Compliance with any one of the standards set forth in Policy 5-4 55.33 A, B and C is met; or Policy 5.3 5: [Renumbered text only, page 13] Policy 5.4 6: [Renumbered text only, page 13] Policy 5.5 7: [Renumbered text only, page 141 ** *** *** *** *** text break *** *** *** *** *** Policy 5.2 4: [Revised text, page 12] *** *** *** *** *** text break *** *** *** *** *** A. Compliance with any one of the standards set forth in Policy 54 553 A, B and C is met; or *** *** *** *** *** text break *** *** *** *** *** Policy 5.3 5: [Revised text, page 13] *** *** *** *** *** text break *** *** *** *** *** D. The necessary facilities and services are under construction or under contract pursuant to a FDOT 5-Year Work Program and are consistent with the Collier County 2026 2040 Long Range Needs Plan or the 2920 2040 Long Range Transportation Plan(LRTP), as adopted by the Collier COURty-Metropolitan Planning Organization (MPO); or *** *** *** *** *** text break *** *** *** *** *** Footnotes [Revised text, page 23] These footnotes provide brief explanations of revenue sources and their acronyms found in the Schedule of Capital Improvements, and where to find related supporting data &analysis. 1. Note: Impact Fee (IF) revenues are projected from actual historical revenue and current permitting activity and forecasts. Impact fees and other sources may yield Interest (IN) revenues. Refer to Appendix "I". Certain impact fees are referenced with direct connection to facility type, such as Water Impact Fees (WIF) or Sewer Wastewater Impact Fees (SIF) and may be termed System Development fees. Water and sewer impact fees are also projected based on population projections prepared by the Comprehensive Planning Department Section. Deferred Impact Fees (DIF) may generate revenue. 2. Note: Grant and Reimbursement (GR) revenues are based on project-specific funding agreements with the State of Florida, South Florida Water Management District or other agency. — Refer to Appendix `7': Ties i o ... DRAFT T Words underlined are added;words st hreug#are deleted. 2 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 3. Note: Developer Contribution Agreement (DCA) or advanced reimbursement revenues are based on a project-specific agreement with an active developer doing business in Collier County. 4. Note: Certificate of Adequacy(COA) revenues are projected from historical revenue information. 5. Note: Gas Tax (GA) revenues are projected from historical revenue information. Gas taxes may yield Interest (IN) revenues. Refer to Appendix al". 6. Note: Ave Maria (AV) revenues are based on a project-specific Developer Contribution Agreement (DCA)with Ave Maria Development, LLP. Refer to Appendix "I". 7. Note: Car Available Cash (AC) (also known as Carry Forward or Beginning Cash) revenues are based on a combination of encumbered and unencumbered funds from prior years that will continue to rollover until they are spent on proiects or payment of debt service. 8. Note:Transfer(TR) revenue is money coming in from another fund, and is projected from historical information. Value may be added through commitments and leases. Refer to Appendix "I': 9. Note: General Fund(GF)revenues are projected from historical revenue information. General Fund (001) revenues derive principally from ad valorem taxes levied on properties Countywide,. intergovernmental revenues (i.e., Sales Tax and Revenue Sharing), charges for services, interest, and transfers from other funds and Constitutional Officers. MSTU General Fund — Unincorporated Areas Fund (111) revenues derive principally from ad valorem taxes levied on properties in the unincorporated areas of the County, intergovernmental revenues (i.e., Communications Tax), charges for services, interest, and transfers from other funds. Refer to Appendix "1" 10. Note: Revenue ReseRte Reduction (RR)revenues are based on a percentage of total new revenue., as required by law, Chapter 129, Florida Statutes. Refer to Appendix "I". 11. Note: Revenue Bond Financing (B) or Bond Proceeds (revenue) are usually received as a lump sum but occasionally can be received in installments, and are not based on historical revenues. In some instances, this item is actually shown as an expense for bond debt service payments, and in other instances, this item shows bond revenue proceeds. Revenue bond covenants and commercial paper documentation are voluminous and do not appear in support documents. The pertinent information is however provided in the Consulting Engineering and Financial Feasibility Report, dated October 25, 2006, and appears in Appendix "I". 12. Note: Capital Account (CA) revenues are projected based on the capital projects spending needs. Refer to Appendix I". Certain capital accounts are referenced with direct connection to facility type, such as Water Capital Accounts (WCA) and Sewer Wastewater Capital Accounts (SCA). 13. Note: User Fee(UF)revenues are projected from historical revenue information. Refer to Appendix 'T' Certain user fees are referenced with direct connection to the user under contract, such as Landfill Tipping Fees (LTF). 14. Note: Community Redevelopment Area (CRA) or Municipal Service Taxing Unit (MSTU) revenues are projected from historical revenue information. 15. Note: State Revolving Fund Loan (SRF) revenues are received in installments during the course of a project. Refer to Appendix "1" 16. Note: Commercial Paper (LOC) or local financial institution loan revenue is short-term borrowing usually meant for funding projects underway until such time another funding source is received. These revenues may derived from obligated return on additional senior liens. Commercial paper documentation and revenue bond covenants are voluminous and do not appear in support documents. The pertinent information is however provided in the Consulting Engineering and Financial Feasibility Report, dated October 25, 2006, and appears in Appendix "1" DRAFT Words underlined are added;words stfuok-threugh are deleted. 3 Staff Proposed GMP Amendments CAPITAL IMPROVEMENT ELEMENT—CCPC Transmittal Draft 9/01/16 17. Note: Rate Revenue (REV) revenues are based on historical revenue information combined with the projection of volume change and revenue requirement projections. Refer to Appendix "I". 18. Note: Additional Roll Forward (ARF) revenues are cash reserves intended for, but previously unspent on, future projects or payment of debt service. *** *** *** *** *** text break *** *** *** *** *** V. PROGRAMS TO ENSURE IMPLEMENTATION [Revised text, page 26] *** *** *** *** *** text break *** *** *** *** *** 6.C. ... the requirements of Policies 5.4 3, 52 4, 5.2 5 and 5.4 6 of this Element. PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements—as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. Page of DRAFT Words underlined are added;words struck throtgl;are deleted. 4 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9101116 P L20130002637/C PS P-2013-11 EXHIBIT "A" FUTURE LAND USE ELEMENT (FLUE) Update and make current the Table of Contents, along with corresponding titles, heading and other entries- inside and between Elements-to optimize internal consistency. FUTURE LAND USE MAP SERIES [Revised text, Table of Contents page iv] Future Land Use Map Mixed Use & Interchange Activity Centers Maps Properties Consistent by Policy (5.9, 5.10, 5.11, 5.12, 5.13, 5.14) Maps [Reference text, page 10] GOAL: TO GUIDE LAND USE DECISION-MAKING SO AS TO ACHIEVE AND MAINTAIN A HIGH QUALITY NATURAL AND HUMAN ENVIRONMENT WITH A WELL PLANNED MIX OF COMPATIBLE LAND USES WHICH PROMOTE THE PUBLIC'S HEALTH, SAFETY AND WELFARE CONSISTENT WITH STATE PLANNING REQUIREMENTS AND LOCAL DESIRES. OBJECTIVE 1: [Revised text, page 10] Promote well planned land uses consistent with Future Land Use Designations, Districts and Subdistricts and the Future Land Use Map to ensure compatibility between the natural and human environments. Policy 1.1: Unless otherwise permitted in this Growth Management Plan, new or revised uses of land shall be consistent with designations outlined on the Future Land Use Map. Policy 1.2: The Future Land Use Map and companion Future Land Use Designations, Districts and Subdistricts shall be binding on all Development Orders effective with the adoption of this Growth Management Plan. Policy 1.3: Standards and permitted uses for each Future Land Use District and Subdistrict shall be identified in the Designation Description Section. Policy 1.4: Through the magnitude, location and configuration of its components, the Future Land Use Map shall be designed to coordinate land use with the natural environment including topography, soil and other resources; promote a sound economy; coordinate coastal population densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable levels of urban sprawl. Pager of DRAFT Words underlined are added;words struck-through are deleted. 1 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 Policy 1.1 through Policy 1.5 renumbered as Policy 1.5 through Policy 1.9. All references to Policies 1.1 through Policy 1.5 in this Element or in another Element or Sub-Element of the GMP are renumbered -- accordingly. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 2: [Revised text, page 12] Coordinate land uses with the availability of public facilities shalt-be,accomplished through the Concurrency Management System of the Capital Improvement Element and implemented through the Adequate Public Facilities Ordinance of the Land Development Code. Policy 2.1:, The County shall maintain the Concurrency Management System in the Capital Improvement Element by implementation of the Adequate Public Facilities Ordinance in the Land Development Code. Policy 2.1 through Policy 2.6 renumbered as Policy 2.2 through Policy 2.7. All references to Policies 2.1 through Policy 2.6 in this Element or in another Element or Sub-Element of the GMP are renumbered accordingly. *** *** *** *** *** text break *** *** *** *** *** Policy 2.2 3 [Revised text, page 12] Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an-area a TCEA, TCMA, add projects to the Capital Improvement Element, enter into a binding commitment with a Developer to construct the needed facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. *** *** *** *** *** text break *** *** *** *** *** Policy 2.6 6: [Revised text, page 12] The County has designated Transportation Concurrency Management Areas (TCMA) to encourage compact urban development where an integrated and connected network of roads is in place that provides multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in Policies 1.3 and 1.4 of the Transportation Capital Improvement Element. Standards within TCMAs are provided in Policy 5.8 of the Transportation Element. New Development within each TCMA shall be consistent with the criteria set forth in Objective 6, and its supporting Policies 6.1 through 6,5 667 of this Element. The following Transportation Concurrency Management Areas are hereby designated: *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Revised text, page 13] --_ - - - = _ - - _ _ _.- , : .- - - - - __ .-. , '• - -- - Ensure protection of natural and historic resources, ensure the availability of land for utility facilities, promote compatible land uses within the airport noise zone, and is provide for management of growth in an efficient and effective manner through Land Development Regulations adopted to implement this Growth Management Plan. Policy 3.1: Land Development Regulations shall be adopted, as necessary, to implement this Growth Management Plan pursuant to Chapter 163.3202, Florida Statutes. Policy 3.1 and Policy 3.2 renumbered as Policy 3.2 and Policy 3.3. *** *** *** *** *** text break *** *** *** *** *** 'age - o DRAFT Words underlined are added;words struck-through are deleted. 2 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9101/16 Policy 3.2.j. consistency with of Policies 5.11 through 5.15. ...consistency with one or more *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 4: [Revised text, page 15] Continually refine the Future Land Use Element through detailed planning in fa order to improve coordination of land uses with natural and historic resources, public facilities, economic development, #housing and urban design, -- - -- - -••- - •- - • - -e • e- - -- Policy 4.1: Planning studies may address specific geographic or issue areas. Policy 4.1 through Policy 4.10 renumbered as Policy 4.2 through Policy 4.11. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 5: [Revised text, page 17] Implement land use policies that in order to promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element, - - - - -- Policy 5.1: Land use policies supporting Objective 5 shall be implemented upon the adoption of the Growth Management Plan. Policy 5.2: Land use policies supporting Objective 5 shall continue to be implemented upon the adoption of amendments to the Growth Management Plan. Policy 5.1 through Policy 5.14 renumbered as Policy 5.3 through Policy 5.16. *** *** *** *** *** text break *** *** *** *** *** Policy 5.4812: [Revised text, page 19] The zoning on property for which an exemption has been granted based on... this jaPolicy shall exempt any development from... *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6: [Revised text, page 22] Designate Transportation Concurrency Management Areas (TCMAs) are as geographically compact areas : •- = -= - - e•• : =•= • - where intensive development exists, or such development is planned. TCMAs are supported by the following Policies. policy 7 5+ of this Elem t., -L�^L7-[TftQTI rage 1 ,; of_-„ DRAFT Words underlined are added;words stn+44hroug1 are deleted. 3 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT-GCPC Transmittal Draft 9/01/16 Policy 6.1: New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility — (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Policy 6.2: Transportation Concurrency Management Areas have been established and shall be su000rtes1 in the specific geographic areas described in Policy 2.6 of this Element. Policy 6.1 through Policy 6.5 renumbered as Policy 6.3 through Policy 6.7. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 7: [Revised text, page 24] - - - _ - - . - _ - _ - _ - - • , _, :Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier the County, _ _ - - - • - _ -- - _ _ - - _ - _ _ _ _ _ _ _ _ _ _ -, where applicable-, in support of the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County. Florida, as follows: *** *** *** *** *** text break *** *** *** *** *** Policy 7.5: [Revised text, page 24] The County shall encourage mixed-use development within the same buildings by allowing residential dwelling units over and/or abutting commercial development. This pPolicy shall be implemented through provisions in specific sSubdistricts in this Growth Management Plan. *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION A. Urban Mixed Use District *** *** *** *** *** text break *** *** *** *** *** 7. Residential Mixed Use Neighborhood Subdistrict: [Revised text, page 34] *** *** *** *** *** text break *** *** *** *** *** g. For freestanding residential uses, acreage to be... allowed by FLUE, Policy 5_3. *** *** *** *** *** text break *** *** *** *** *** 13. Commercial Mixed Use Subdistrict: [Revised text, page 42] *** *** *** *** *** text break *** *** *** *** *** 3. Residential density is... limited to four dwelling units per acre; density in excess of three L3j,dwelling units per acre must be... For property not within the Urban Residential Fringe Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen (16) dwelling units per acre; density in excess of three 13.1 dwelling units per acre and up to eleven (11) dwelling units... *** *** *** *** *** text break *** *** *** *** *** _.. Page of DRAFT Words underlined are added;words strudc through are deleted. 4 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 I. URBAN DESIGNATION A. Urban Mixed Use District *** *** *** *** *** text break *** *** *** *** *** 14. Livingston/Radio Road Commercial Infill Subdistrict: [Revised text, page 43] *** *** *** *** *** text break *** *** *** *** *** To encourage mixed-use projects, this Subdistrict also permits residential development, when allocated in a mixed-use building (residential uses over commercial uses). Such residential development is allowed at a maximum density of sixteen (161 dwelling units... *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION A. Urban Mixed Use District *** *** *** *** *** text break *** *** *** *** *** 15.Vanderbilt Beach Road Neighborhood Commercial Subdistrict [Revised text, page 43] *** *** *** *** *** text break *** *** *** *** *** This Subdistrict consists of two parcels... For mixed-use development, residential density shall be limited to sixteen (161 dwelling units per acre. *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION B. DENSITY RATING SYSTEM 1. The Density Rating System is applied in the following manner: [Revised text, page 50] *** *** *** *** *** text break *** *** *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy a'(5_3 of the Future Land Use Element. *** *** *** *** *** text break *** *** *** *** *** 2. Density Bonuses: [Revised text, page 51] *** *** *** *** *** text break *** *** *** *** *** c. Affordable-Workforce Housing Bonus: ...in the Urban Designated Area, a maximum of up to eight (81 residential units... *** *** *** *** *** text break *** *** *** *** *** 4. Density Conditions: [Revised text, page 53] The following density condition applies to all properties subject to the Density Rating System. a. Maximum Density The maximum allowed density shall not exceed sixteen (161 dwelling units... *** *** *** *** *** text break *** *** *** *** *** 5. Density Blending [Revised text, page 54] *** *** *** *** *** text break *** *** *** *** *** Page - of., DRAFT Words underlined are added;words struck-tttrough are deleted. 5 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9101116 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and Rural Fringe Mixed Use District Sending lands: *** *** *** *** *** text break *** *** *** *** *** (f) Native vegetation shall be preserved as follows: (1) The Urban portion of... the maximum required 60 sixty percent(60%) of the total Sending Land area... The ratio for such native vegetation preservation shall be two acres of... In no instance shall less than 4-0 ten percent (10%) of the required amount of native vegetation... *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION C. Urban Commercial District 1. Mixed Use Activity Center Subdistrict [Revised text, page 57] Mixed Use Activity Centers have been designated on the Future Land Use Map Series identified in the Future Land Use Element. ...this includes 3 three Interchange Activity Centers... *** *** *** *** *** text break *** *** *** *** *** Mixed-use developments—whether consisting of... the eligible density is sixteen (16) dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center... the eligible density shall be limited to four.1 dwelling units per acre... *** *** *** *** *** text break *** *** *** *** *** The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are as follows: *** *** *** *** *** text break *** *** *** *** *** b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two Sal road miles of the Mixed Use Activity Center. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two 121 radial miles. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 61] New Mixed Use Activity Centers may be proposed if all of the following criteria are met and an amendment is made to delineate the specific boundaries on the Future Land Use Map series for Mixed Use Activity Centers: • the intersection around which the Mixed Use Activity Center is located consists of an arterial and collector road, or two arterial roads, based upon roadway classifications contained in the Transportation Element. • the Mixed Use Activity Center is no closer than two 121 miles from any existing Mixed Use Activity Center, as measured from the center point of the intersections around which the existing and proposed Mixed Use Activity Centers are located. *** *** *** *** *** text break *** *** *** *** *** 'Page of - DRAFT Words underlined are added;words strusk-throng#are deleted. 6 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01116 I. URBAN DESIGNATION C. Urban Commercial District 6. Livingston Road/Eatonwood Lane Commercial Infill Subdistrict [Revised text, page 64] This Subdistrict consists of... The maximum allowed development intensities include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (351 feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three 1.3.1 stories and at a maximum height of fifty(501 feet. Should a mix of office and indoor self-storage facilities develop on the property, for each two LZ square feet of indoor self-storage area, one LZ square foot of office area shall be reduced from the maximum allowable office area permitted. ... *** *** *** *** *** text break *** *** *** *** *** I. URBAN DESIGNATION C. Urban Commercial District 7. Livingston Road Commercial Infill Subdistrict [Revised text, page 64] This Subdistrict consists of... The maximum allowed development intensities include a maximum of 52,500 square feet of professional or medical office use in buildings containing a maximum of three 01 stories, which could include two 21 stories over parking, and at a maximum height of fifty(501 feet. *** *** *** *** *** text break *** *** *** *** *** II. AGRICULTURALJRURAL DESIGNATION *** *** *** *** *** text break *** *** *** *** *** B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: *** *** *** *** *** text break *** *** *** *** *** A) Receiving Lands: [Revised text, page 74] *** *** *** *** *** text break *** *** *** *** *** 4. Emergency Preparedness: *** *** *** *** *** text break *** *** *** *** *** b) Applicants for new developments proposed for Receiving Lands shall work with the . • - _- • - - _ - - - - -- •• _• - Florida Forest Service and the any Managers ofor nearby adjacent public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. *** *** *** *** *** text break *** *** *** *** *** II. AGRICULTURAL/RURAL DESIGNATION *** *** *** *** *** text break *** *** *** *** *** Page }- of 11.- DRAFT 'DRAFT Words underlined are added;words struck t#rsugh are deleted. 7 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: *** *** *** *** *** text break *** *** *** *** *** C) Sending Lands: [Revised text, page 82] *** *** *** *** *** text break *** *** *** *** *** 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 201 - - - - - - - - - - • - - - - - 1.1 - .- - •.- - - .. - • '•- -. - - ' -, of until September 27, 2015 2018. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. *** *** *** *** *** text break *** *** *** *** *** II. AGRICULTURAL/RURAL DESIGNATION *** *** *** *** *** text break *** *** *** *** *** B. Rural Fringe Mixed Use District *** *** *** *** *** text break *** *** *** *** *** 3. Rural Villages: [Revised text, page 86] *** *** *** *** *** text break *** *** *** *** *** A) Process for Approval: ; -'• - • - -- - t - - . - - _ _ _ • - - - -- The Collier County Land Development Code includes provisions for the establishment of Rural Villages. These provisions will establish specific development regulations, standards, and land use mix requirements. Subsequent to the creation of these provisions, applications shall be submitted in the form of a Planned Unit Development (PUD) rezone and, where applicable, in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supersede the DRI process. *** *** *** *** *** text break *** *** *** *** *** III. ESTATES DESIGNATION [Revised text, page 92] The Estates Land Use Designation encompasses lands which are already subdivided into semi rural residential parcels (2.25 acres as an average) essentially consisting of the Golden Gate Estates Subdivision. The area is identified as having potential for population growth far removed from supportive services and facilities. Expansion of the area shall be discouraged. Pursuant to Policy 4-4 44.22 of the Future Land Use Element, the Golden Gate Area Master Plan encompassing the Estates Designation was adopted by the Collier County Board of County Commissioners on February 5, 1991. Refer to the Golden Gate Area Master Plan for siting criteria and development standards for specific land uses. *** *** *** *** *** text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Revised text, page 94] A. Area of Critical State Concern Overlay The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida Legislature, The ACSC Critical Area is displayed on the Future Land Use Map as an overlay area. The ACSC Critical-Area encompasses lands designated Conservation, Agricultural/Rural, Estates DRAFT Words underlined are added;words st&t►sk-tor*are deleted. r'�:,e Of_ 8 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9101116 and Urban (Port of the Islands, Plantation Island and Copeland). Chokoloskee is outside the boundaries of the Big Cypress ACSC. Two areas located within the boundaries of the ACSC are exempt from the ACSC regulations: Everglades City; and, Ochopee, which is described as all of Sections 27, 28, 33 and 34, Township 52 South, Range 30 East. All Development Orders within the Critical Area shall comply with Chapter 28-25, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern". The ACSC regulations notwithstanding, there is an existing Development Agreement between Port of the Islands, Inc. and the [then] State of Florida Department of Community Affairs, approved in July 1985, which regulates land uses in the Port of the Islands Urban area; and, there is an Agreement between the Board of County Commissioners and the 'then] Florida Department of Community Affairs, approved in April 2005, pertaining to development in Plantation Island. �•. . _ - •- _ - -_ •. - - --- ` .. _ _ . - AN-Development These-Feg+ iees The ACSC Regulations include the following: 1. Site Alteration a. Site alteration shall be limited to 10% of the total site size, and installation of non-permeable surfaces shall not exceed 50% of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. Any non-permeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface. c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the -� construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Re-vegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species shall not be replanted or propagated. Exotic Undesirable exotic species are listed below. Australian Pine - (Casuarina spp.) Bishopwood - (Bischofia javanica) Brazilian Pepper- (Shinus terebinthfolius) Melaleuca (cajeput)- (Melaleuca leucadendra spp-) Castor bean -(Ricinus communis) Common papaya- (Carica papaya) Common snakeplant-(Sanseviera trifasciata) Day iessamine- (Cestrum diumum) Hunters robe-(Raphidophora aurea) Queensland umbrella tree-(Schefflera actinophylla) Trailing wedelia-(Wedelia trilobata) All other species included in the definition of"vegetation, prohibited exotic" contained in the Collier County Land Development Code, Ord. No. 04-41, as amended. • - :-age of DRAFT Words underlined are added;words stFuelOhceug4 are deleted. 9 Staff Proposed OMP Amendments FUTURE LAND USE ELEMENT-CCPC Transmittal Draft 9101116 d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: ' - - - • - - • - as-amended- Red mangrove— (Rhizophora mangle) Black mangrove— (Avicenna nitida) White mangrove—(Laquncularia racemosa) Needlerush —(Juncus roemerianus) Salt cordgrasses—(Spartina alterniflora, S. patens, S. cvnosuroides, S. spartinae) Seashore saltgrass— (Distichlis spicata) ** *** *** *** *** text break *** *** *** *** *** 2. Drainage a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph(-2) "b." below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. *** *** *** *** *** text break *** *** *** *** *** All Development Orders issued for projects within the Big Cypress Area of Critical State Concern shall be rendered to the State of Florida Department of Economic Opportunity for review with the potential for appeal to the Administration Commission per Chapter 73C-44, Florida Administrative Code, "Community Planning, Development Order Requirements for Areas of Critical State Concern". In accordance with Chapter 28-25.011, F.A.C., the zoning variance procedure contained in the Collier County Land Development Code, Ord. No. 04-41, as amended, shall be applicable to the ACSC Regulations. Within one year of the effective date of this amendment establishing the applicability of the variance procedure, the variance procedure and criteria in the Collier County Land Development Code shall be amended, as necessary, to address ACSC regulations. Any variance to the ACSC regulations shall be subject to the following restrictions: (a) A variance shall only be applicable to essential services consisting of those services and facilities necessary to promote and protect public health, safety and welfare, limited to the following: police: fire; emergency medical: all services designed and operated to provide water, gas, telephone, electricity or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction. This shall not be deemed to allow such essential services uses where the underlying future land use designation or zoning designation does not allow such uses. (b) A variance shall only be granted pertaining to water, gas, telephone, or electricity where those essential service uses are designed to serve development as allowed by the growth management plan and zoning regulations in effect as of the date of adoption of this amendment J , 20171. (c) A variance shall only be granted if it is demonstrated that: there are special conditions and circumstances existing which are peculiar to the location, sizes and characteristics of the land, structure, or building involved: or there are special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request; or the variance, if granted, will be the minimum DRA1l''TWords underlined are added;words struel(:rough are deleted. Pa .�.�..of l Q Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9101116 variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. (d) A variance shall only be applicable to the following three ACSC regulations: site alteration limitation of 10% of the total site size; installation of non-permeable surfaces limitation of 50% of the site alteration area; and, 100% limitation on altering or destroying specified mangrove trees and salt marsh grasses, by area. (e) No variance shall be granted for any development within the ACSC unless such development is designed to have minimum adverse impact on the ACSC's water storage capacity, surface water and estuarine fisheries. *** *** *** *** *** text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** text break *** *** *** *** *** B. North Belle Meade Overlay *** *** *** *** *** text break *** *** *** *** *** 3. RECEIVING AREAS [Revised text, page 99] Within the NBM Overlay, Receiving Areas are... located Sections 21, 28 and the west Y. western quarter of Sections 22 and 27, ...and the western quarters of Sections 22 and 27 as a permitted use. *** *** *** *** *** text break *** *** *** *** *** Because of the proximity of Sections 21 and 28 and west 44 quarters of&Sections 22 and 27 to Golden Gate Estates... *** *** *** *** *** text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** text break *** *** *** *** *** B. North Belle Meade Overlay *** *** *** *** *** text break *** *** *** *** *** 6. SECTION 24 NEUTRAL LANDS *** *** *** *** *** text break *** *** *** *** *** e. Cowan Property — Lots 14-16, 25, 26 and 35 Combined (Colored Blue and Labeled "Cowan" and "Blue" on North Belle Meade Overlay Section 24 Map) *** *** *** *** *** text break *** *** *** *** *** 2) Clustering: [Revised text, page 107] a) Up to two L21 clustered developments are allowed, and a maximum of nineteen (19)total dwelling units are allowed in cluster development(s). This dwelling unit figure is based upon the total Cowan ownership in Section 24 of approximately 97.7 acres. b) Lot 35 may contain up to, but no more than, three al clustered dwelling units — in addition to road access for all Cowan property development(s). A second residential cluster outside of Lot 35 may contain the balance of the nineteen (19) -- clustered dwelling units not built on tLot 35. *** *** *** *** *** text break *** *** *** *** *** c3 ge of__„r DRAFT Words underlined are added;words struckrhrough are deleted. I I Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01116 V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** text break *** *** *** *** *** D. Rural Lands Stewardship Area Overlay Goal: [Revised text, page 116] To address the long-term needs of residents and property owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment Collier County's goal is tolily protecting agricultural activities, to preventing the premature conversion of agricultural land to non-agricultural uses, to directinj incompatible uses away from wetlands and upland habitat, to-enable enabling the conversion of rural land to other uses in appropriate locations, to-dissoufage discouraging urban sprawl, and to-encourage encouraging development that utilizes implements creative land use planning techniques. Objective: ..__ . _ _ e:e _ ee _ •_ _ .__ _ .•- - - : •_ _ - Create an incentive based land use overlay system, herein referred to as the Collier County Rural Lands Stewardship Area Overlay, based on the principles of rural land stewardship as defined in Chapter 163.3177(11), F.S. The Policies that will implement this Goal and Objective... Group 1 — General purpose and structure of the Collier County Rural Lands Stewardship Area Overlay *** *** *** *** *** text break *** *** *** *** *** Policy 1.6: [Revised text, page 117] ... Designation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs, or sooner at the discretion of the Board of County Commissioners. ... *** *** *** *** *** text break *** *** *** *** *** Policy 1.22: [Revised text, page 120] The RLSA Overlay was designed to be a long-term strategic plan... and reviewed by Collier County and the State land planning agency (presently, the Department of Economic Opportunity) upon... *** *** *** *** *** text break *** *** *** *** *** Policy 3.11: [Revised text, page 125] In certain locations... This pPolicy does not... *** *** *** *** *** text break *** *** *** *** *** Policy 4.3: [Revised text, page 126] Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such designation and the adoption of a resolution by the BCC granting the designation. The petition shall include a SRA master plan as described in Policy 4.5. The basis for approval shall be a finding of consistency with the policies of the Overlay, including required suitability criteria set forth herein,compliance with the LDC Stewardship District, and assurance that the applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses. Within - - _ _ _ - - - . ' - _ - _ _ -•_ - •_ , _ _ •- The County shall-adopt has adopted LDC amendments to establish the procedures and submittal requirements for designation as a SRA, providing for consideration of impacts, including environmental and public infrastructure impacts, and previsions for public notice of and the opportunity for public participation in any consideration by the BCC of such a designation. Page.,_;. .�.of DRAFT Words underlined are added;words st h are deleted. 12 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT–CCPC Transmittal Draft 9/01/16 Policy 4.4: Collier County will update the Overlay Map to delineate the boundaries of each approved SRA. Such updates shall _ - - _ retroactively be incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs, or sooner at the discretion of the Board of County Commissioners. *** *** *** *** *** text break *** *** *** *** *** Policy 4.16: [Revised text, page 131] A SRA shall have adequate infrastructure available... by this policy... *** *** *** *** *** text break *** *** *** *** *** Policy 4.18: [Revised text, page 132] The SRA will be planned and designed to be fiscally neutral or positive to Collier County at the horizon year based on a - - -- ' - - _ - _ .: - _ - .- adopted by the County public facilities impact assessment, as identified in LDC 4.08.07.K, The BCC may grant exceptions to this pPolicy to accommodate affordable-workforce Housing, as it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development Districts, and other special districts, shall be encouraged. At a minimum, the analysis assessment shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing, developer contributions and mitigation, and other public/private partnerships shall address any potential adverse impacts to adopted levels of service standards. -- Policy 4.19: Eight 181.9Gredits shall be required for... Policy 4.20: The acreage of... For the purpose of this pPolicy... Policy 4.21: Lands within the... This pPolicy is intended to... *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 133] *** *** *** *** *** text break *** *** *** *** *** 2. Wildlife habitat management plans for listed species and for those protected species identified below shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated indicates listed species or the protected species identified below are utilizing the site, or the site contains potential habitat for listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Management plans for new preserves shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain habitat within the preserve for listed species and those protected species identified below. 2.a. Management plans for new preserves shall incorporate proper techniques to protect listed species. and those protected species identified below, and their habitats from the negative impacts of proposed development. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other DRAFT Words underlined are added;words struslk-through are deleted. A`' y = — 13 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Fresh Water Fish Commission, 1991. {Falco Sparverias Paulus) on Large scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish i. Management guidelines contained in publications used by the FFWCC and USFWS for technical assistance shall be used for developing required management plans. ii. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph 3 of this pPolicy. iii. When listed species are directly observed on site or indicated by evidence, such as denning, foraging, or other indications, a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes. The County shall also consider the recommendation of other agencies, subject to the provisions of paragraph 3 of this pPolicy. 2.b. For parcels containing gopher tortoises (Gopherus polyphemus), habitat management plans are required and shall give priority to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. 2.c. Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required and shall - - •• e -- - -- - - - - - _, - -- also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community, -- - - - - -- - _ •- - - - _ -. •- , ... e. ._ 2.d. For the bald eagle (Haliaeetus feucocephalus), the the-r-equlred habitat management plans are required and shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. • -- -. . - ..- _ _ - - _ - _. -. - •- - - - • - -- , _ • ... • Pei+cy- DRAFT Words under€fined are added:words struck-through are deleted. 14 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 2.e. For the red-cockaded woodpecker (Picoides borealis), the-requifed habitat protection plans are required and shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects cannot be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. - - - =• - - - - -t '-.- - -- - - - - ... fie . 2.f. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans are required and shall require that garbage be placed in bear- __ _ _, _ - _ _ - _ -_ _ - bear-resistant containers where such containers are available and accepted for use by Collier County, or containers stored in locations not easily accessible to bears. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. •- - - - - - -. - - - --- - *** *** *** *** *** text break *** *** *** *** *** 2.g. For projects located in Priority I or Priority II Panther Habitat areas, the management plans are required and shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther(Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Gold courses within the Rural Lands Area shall be designed and managed using standards found within this Overlay. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer. These requirement_ shall be 2.h. The Management Plans shall contain a monitoring program for developments greater than ten (10),acres. *** *** *** *** *** text break *** *** *** *** *** Policy 5.6: [Revised text, page 136j For those lands... of a wetland. This faPolicy shall be implemented as follows: 1. There are two (2) major wetlands systems within the RLSA, Camp Keais Strand and the Okaloacoochee Slough. These two systems have been mapped and are designated as FSA's. Policy 5.1 prohibits certain uses within the FSAs, thus preserving and protecting the wetlands functions within those wetland systems. 2. The other significant wetlands within the RLSA are WRA's as described in Policy 3.3. These areas are protected by existing SFWMD wetlands permits for each area. 3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site clearing and alteration limitations, nonpermeable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native Page o!' DRAFT Words underlined are added;words stick-#ftrough are deleted. �' '-" 15 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: i. The acreage requirements... in paragraph r`b1 of this pPolicy. ...Within-ane-yearre ► - _- ' - - _ - _ - - - - - , The County shall develop apply specific criteria in the LDC to be used to determine those instances in which wetlands with a WRAP functionality assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7, or greater must be preserved in excess of the preservation required by Policy 5.3. ii. Wetlands utilized used by... iii. Proposed development shall... be designed in accordance with Sections 4.2.2.4; , .r - _ - ee 102.2.4 of the Environmental Resource Permit Applicant's Handbook Volume I, and Sections 3.11 and 3.12 of the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District (2014). *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 138] c. All direct impacts... of this pPolicy. *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 139] f.iv. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (f) i, ii, and iii of this pPolicy. -- If agency permits have not provided mitigation consistent with this pPolicy, Collier County will require mitigation exceeding that of the jurisdictional agencies. *** *** *** *** *** text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** *** *** text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Revised text, page 140] *** *** *** *** *** text break *** *** *** *** *** 4. Properties... may be allowed a maximum density of twelve (121 residential units... and comply with the standards identified in Pparagraph# no. 8, below, except for... 5. Properties... at a maximum density of eight(81 residential units per acre... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 141] 8. To qualify for twelve (121 dwelling units per acre, as provided for in paragraph # no. 4 above... 9. For density bonuses provided for in paragraphs nos. #4 and #5 above, base density shall be per the underlying zoning district. The maximum density of twelve (121 or eight (81 units per acre... *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 141] 11. A maximum of... as provided in paragraphs nos. #4 and #5 above. '›A Lte of DRAFT Words underlined are added;words struck-411-cough are deleted. 16 Staff Proposed GMP Amendments FUTURE LAND USE ELEMENT—CCPC Transmittal Draft 9/01/16 *** *** *** *** *** text break *** *** *** *** *** [Revised text, page 144] FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.9, 5.10, 5.11, 5.12, 5.13, 5.14) Maps PLEASE NOTE:Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear-within and between Elements-as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. 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LI El! ifil CD' ; Page 1 of ..‘ -, ---.+/--1- ' ____ [ ! i 1 tii ' aff ,0 i!i.1 EXHIBIT"A" PL201300026371CFSP-2013-11 I) PSI COLLIER COUNTY RURAL&AGRICULTURAL AREA ASSESSMENT )s-- -------,--- STEWARDSHIP OVERLAY MAP E'I't a -, r I w , 504+ *eft -� ' '-1110. K, ` ``S - I il 4. • �4 W ..7.... .. LAKE MA, . ro it.iii A O NAMCGALEEMO ;0* ,#.., : ICED 41040/1411° ,_ : 4.. ' Am rl. c) ,f t wRA LT ssn. # r 1 I, g ssA s # r 8 .fii.,., _ .. ..___-',.._ ii o ( 4111111111110. w P ' d GOLDEN GATE BLVD 4�` y. � 6L? . .....,..„! . .,, ,. 1 ,119 ,'' 176 MOOED-JANUARY 2i,Wu Cord Plc 2007-1i) l...snd avow-1.1011:41E11 14.WM ��111� 0144.44.HC11-50 ILA 0Rsn BE MICRRsolorrabn 2nD. 411ENDW-517440414441 13.2011 044 Ne.2011-26) CD Misr Rs4otlan AM(MVO El Ws CypwuNitimal Ramat 0 A -R.N./l wd.4a hr CM)I I Armor CAW Slab Gomm -wtmisifewaWRins MEN n su414a+h4Roc wuv (BRN MR11McD SR=AM 0..01111440 SEDUM A 2 1 �{ aoslx 11411101141,10114014/111,161141144 AND 44114L4,40/1 " 1/J�sleAwdMip ientig kis(SSA) DAIS:1/2010 R12;111W 011-201s.ON0 ee '`_, Of El Z S 1 e 0• Ei mrFi o6C �jc- (9 .1111_ 111 Ili gt G $ttS3 + N2E N\:‘ 'it� � W gs1 �� . � � Q8 d ° I ' 1 3 a S"� £i J S a 5 - s 1 0 lit °, E a 8y Iv atm N q: 1 Mt, 10° % 1 E e r N A G I. E E' ^ a z p see 1 E s c � t g IA a °� i..; t‘. in b Ili li 8 `^ � :o e " H E c Sa 10 � �: i} G a < .e =' $ "2 C U%E 1 cc C U E .13 a. S. o c 1; E� yel 4 ^o V ' L O \j": c It w Edi N o " b N �y} n E ° uC c t a E _', A a S✓2 it p 4 E s £ �� t Cc a So �c id " C cS % 'a1 $ IS a a ~ S t % s o c a p A A n 8 y s E $ ,etxyas1.6; d .O ° 1. ksill ^ o 6 y J d E m' �i � E �� , o'° 'eeNo ° A ° $ a z a a c £ p �� _� 3 •g, $1° S as CE a' 2 g CI 1. I. 1Q 9 ail a c i t S t t 1 t t5 ‘ v al cc N p a I ! . u a a c ���GGG o E •O 1A i a 81% 4� Z A i o Viit S y' C ¢ O�U3 � O T a 9 a O 7 Q a n 11 s t gyg 6 � g Ti &NiH Oc. E 2 % E 8 ° %-t / �ls ii '% u),,, D ]R Q 4 tilq iy CtN \ : ; \ E9 '�E 2lb�,lk w Ut 3 � Stl � E ^ 7 5 •o i �., �o c Y F- $ rn" U 4: g c z02 7 6 V � u. c of tg $ 5 2 6-% a0 s 3 \"%' 1D L G kt t s i \ t a • ‘,e a t ' c 1 t 9 g a d " ‘ I\i: ii Staff Proposed GMP Amendments GOLDEN GATE AREA MASTER PLAN—CCPC Transmittal Draft 9/01/16 PL2013000 2637/C PS P-2013-11 EXHIBIT"A" GOLDEN GATE AREA MASTER PLAN (GGAMP) FUTURE LAND USE MAP SERIES [Updated map, following GGAMP text] [Include the updated Golden Gate Area Master Plan Future Land Use Map labeled as, and included in, this Exhibit"A".] PLEASE NOTE:Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where reformatting creates new or re-numbers Objectives, Policies and terms, wherever they appear within and between Elements—as appropriate to maximize internal consistency Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. DRAFT Words underlined are added;words struck reug#are deleted. 1 LEGEND N: A !warn pignuts:ft ESTATES SUMMATION Ap19CULTURALAHMAL BES)ONASRMI VR• :_': ism NW 047sCr NM 3112 36031ST 0' 1-_r-,rna oar.[5'4;' - _.f M0 2'2 01&e,r59l0V O 4�Ar4 13.114 511207/313 n • ^E°r""a^�7 71i,fr4]76' 17]YJ 77 220 71776. SPECIAL PECI A P ANS GOLDEN GATE AREA s2E LA FEAT1p1E0 40P.res 0410 04404Fa eie79ycr El --- .4.7.447.075 C 4 1 0144020.46 Ls76Cr ■ M�14::_�:, FUTURE LAND USE MAP ■3100 NY 6073 0771.3 A3*xr t�� ' 0'2GO.V'A 9.10 LA9u tsM3ROx. MM 4._2 47.5- - . 1 044 4. El 46310 544441.76.103Fa FIP331WR 0014▪61051.2tlkfr F . a=.6 D 1 06/17399551 N'a�o7u n°o`�l4•4.rmc+�.c. 9:n%c ca7rtee;..s.ncl4 v=r xx C.067 s 7 71 1 111 w..1;.u,..�.�oou9�rca xw9Rne6* "*x 3.7 Arco soe 72 xe 777 IMMOKALEE ROAD ▪ 6671670 rwAx77 3607137 f N. o ;4v;79 0W;'; ®777243 0771 377 6.--. 11 1634 37 6.6 04001 s w177310 7+41 M 81114-9.9071.731 MS.A. :MO U4 MEW..0301.11.2517 0 rE WDA10 4C RSA YAM%se. '. -_u 1 ate OIL WELL ROAD e I4 M 0 0 IMMOKAL£E ROAD 1 44, Z RANDALL BOULEVARD ' ti SUBJECT SITE Cq 3 [PSP-2013-I1 a ! MI I VANDERRILT ,re1 BEACH ROAD C., U GOLDEN GATE BOULEVARD 0 Z cd U PINE R . E RD. . WHITE BLVD. ec t X eV a s M Gta. .G.PKWY, - ' Q O a re C_ > O Wrerts 51 z i DAVIS BOULEVARD m S.R.84 `O -. CM S go to PST 3 __...cO --it. a i 51 GOLDEN GATE FUTURE LAND USE MAP AOOP170 - FE7767+947 6470770 - 0070404 4.7002 040.110.2007-7? _.._ .D. ._.. 531.330 YAY 17 7722 Ce 7141.521.01 72 - 0516 34.2094 -.. - ..-._ ..._ .1 7100.7100.1X2 - MAY 23.7085 ORD.110.7000-24 S ._ 4 0.....L.11$651 27.1493AMETMO - Ake 22.2210 .. _ rd 1365 36 200-34 a En 4ML10'-'0 .PMO.12 964 + AYLY.;tO - 311 T 26,2010 ��-- ORD NG 200 32 56171040 YARD.14 7955 60 - 470.1a. - 7770Cµ377 r4,2:71 ,. 6M11109.7 07300(0 27.1997 229 140 20,-Ze 1 .-.......,.d .. O "1601.0" 4736.1.6 196 Ammo - 9011'0-3 tq 77 275 ND 224-41 7730E3 9.19� 5454(010 07t70973 to.2075 06000(0 p 23.1944 _ 709 NP)015-01) ...._ ��777607776077760>FhD W(0*1Mp 4 2000 _., C:111 I AMOQ MC6 13.200 __-_ *65100070 7714.2002 1 00(10777 50'761674 70.2003 SCALE ---1 030 50.7403.7 1 _ 1 ' 5(0(119.31 - 0710376 26.20%4 1 1 ORD 30.2004-17 0 1 M:. 2 MR. .3 431. 4 MI. 5 M3. ) • 67±71150 20.40037 20.2004 (� e ��'� of -- 090 0.2000-3 i 777051773 3Y.41/073 YAF?530 57777313 r�C. �yyyy. AYE^066.(0 3X0561 29.204T 72i0WT3 MANAC:Y+_NT(EPARTIMSt �.�+ - ----•. WO 100.2:07-13 SATE 1/1300 71751 CP0-2073-11-ISM¢ _ 626E I R27E I R28E Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT—CCPC Transmittal Draft 9/01/16 PL20130002637/CPS P-2013-11 EXHIBIT"A" PUBLIC FACILITIES ELEMENT STORM WATER MANAGEMENT SUB-ELEMENT (SM) Update and make current the Table of Contents, along with corresponding titles, heading and other entries—inside and between Elements—to maximize internal consistency. II. GOALS, OBJECTIVES & POLICIES GOAL 1: [Reference text only, page 2] TO PROVIDE STORMWATER MANAGEMENT FACILITIES AND SERVICES FOR DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6: [Revised text, page 4] Protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the Environmental Resource Permit Applicant's Handbook Volume 11 for use within the Geographic Limits of the South Florida Water Management District(2014 , - ' --- - , _ • - ' _ - -- •- - - e*- . __ Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The Land Development Code includes a list of off-site discharge rates by basin. The 0.11 cfslacrc 0.04 de/acre Sub-basin - - _ -e - : -_-• en- Aifped-Reed-Seuth-Ganal - - 0.06-cfs/aere Sub-basin 6-4-Basin 0.11 cfc/acre - - _ -- -. - - - - _- •- 0.04cfslacrc 0.04 cfslacro 9 Cypress-Canal-Basin 0.06- fs/acre h, Faka-Union-Canal-Basin 0.09 cfs/acro (North of 1 75) page 2- of ' Gor erExtension Basin 009 nfslanre DRAFT Words underlined are added;words struck stfuck4hrough are deleted. 1 Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT-CCPC Transmittal Draft 9/01/16 }, Harvey-Canal-Basin 0.011 cfs/acre Henderson Creek a in 4.08 cfslacr'e -^ I, I 75 Canal Basin 0 -s€alacre • _ . - _ .- - 0.12 cfs/acro Island-Walk-Basin (aka-Harvey-Basin) Lely f anal Basin 0.06 cfs/afire pLely Manor Canal Basin 0.06 cfs/aero g- 0.01 eft/acre Palr ,elm River Canal Basin 0.13 cfs/acre s- 0.13 oft/acre t All other areas 0.15 cfslacre aPlaties a. Topography c.- Vegetation types d—AT to ent-dandGions •. 4 • - - - . . s_ __ _ - _ - s - s .. - _- . . • . . ♦ _ r r - PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear-within and between Elements-as appropriate to maximize internal consistency Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. Pay DRAFT Words underlined are added;words strusk-thfaugft are deleted. 2 Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT—CCPC Transmittal Draft 9101/16 PL20130002637/CPS P-2013-11 EXHIBIT "A" PUBLIC FACILITIES ELEMENT STORMWATER MANAGEMENT SUB-ELEMENT (SM) Update and make current the Table of Contents, along with corresponding titles, heading and other entries—inside and between Elements—to maximize internal consistency. II. GOALS, OBJECTIVES & POLICIES GOAL 1: [Reference text only, page 2] TO PROVIDE STORMWATER MANAGEMENT FACILITIES AND SERVICES FOR DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 6: [Revised text, page 4] Protect the functions of natural drainage features through the application of standards that address the quality and quantity of discharge from stormwater management systems. *** *** *** *** *** text break *** *** *** *** *** Policy 6.2: [Revised text, page 5] Collier County's retention and detention criteria shall be one hundred and fifty percent (150%) of the water quality volumetric requirements provided in the Environmental Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South Florida Water Management District(2014 , -- --- , -- • - • -- - ••• : - - -- - - - - - Policy 6.3: Allowable off-site discharge rates shall be computed using a storm event of 3 day duration and 25 year return frequency. The Land Development Code includes a list of off-site discharge rates by basin. The 0.11 cfs/acro 0.04-cfs/asre c 41419-basin G- -.Bay 0.11 cfs/acro 0.04 e/acre 0.04-ogre g, Gyfoese-Ganal-Basin 0.06-sfs/acre 8-99-s€s/a _ ?age of DRAFT Words underlined are added;words struckgh are deleted. I Staff Proposed GMP Amendments STORMWATER MANAGEMENT SUB-ELEMENT—CCPC Transmittal Draft 9161/16 0.011 cfslacro lc Henderson Creek Basin 0O-efslacre — f: 1 75 Canal Basin 0:Q6-efsleere - _• - _ ..e: * - - _ -- - 0.12 cfslacro 0.055 cfs/acro (tea-Harvey-Basin-) e 0.06-cfe/asre la, hely-Maser-Gan-al-Basin 0:06 cfslacre - • -_ - - - - _ _ - _- •- 0.01 els/acre 0.13 cfs/acre s- Dine Ridge Canal Basi. 0.13 cfs/acre t: All other areae apPI4es:, those listed above. listed above. The documentation required for this purpose shall be prepared by a registered a. Topography c. Vegetation type: d. Antecedent conditions ■_ _ • • - _ .. - • _ -- - - - - - -.-- -_ - -- - - - - PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements--as appropriate to maximize internal consistency. Approval is also intended to confer the Boards consent to make similar and related changes to un-adopted portions of the document. qge •; oaf , DRAFT Words underlined are added;words stRteic-thf$agh are deleted. 2 Staff Proposed GMP Amendments TRANSPORTATION ELEMENT—CCPC Transmittal Draft 9/01/16 PL20130002637/C PS P-2013-11 EXHIBIT "A" TRANSPORTATION ELEMENT (TE) Update and make current the Table of Contents, along with corresponding titles, heading and other entries-inside and between Elements-to maximize internal consistency. LIST OF TABLES/MAPS/FIGURES [For informational purposes only, introductory page iv] TR-1 * Finanoiaily Cost Feasible Network Map - Year 2035 2040 TR-2 * Needs Paan Assessment Projects Map-Year 2035 2040 TR-3* Collier 2003 2013 Functional Classification-Countywide Map TR 3A 3.1 * Collier 2025 2013 Functional Classification - Inset Map (Coastal North) TR-3.2 * Collier 2013 Functional Classification -- Inset Map (Orangetree Area) TR-3.3 * Collier 2013 Functional Classification-Inset Map (lmmokalee Area) TR-3.4 * Collier 2013 Functional Classification - Inset Map (Coastal Central) TR-3.5 * Collier 2013 Functional Classification-- Inset Map (Coastal South- Marco Island Area) TR-4 * South US 41 Transportation Concurrency Exception Area (TCEA) Map TR-5 * Northwest Transportation Concurrency Management Area (TCMA) Map TR-6 * East Central Transportation Concurrency Management Area (TCMA) Map TR-7 * Collier County Hurricane Evacuation Routes Map TR-8 * Strategic Intermodal System (SIS) Facilities Map TR-9 * Regional Transportation Network Map *** *** *** *** *** text break *** *** *** *** *** A. FUTURE SYSTEM NEEDS [Revised text, page 1] 1. Travel Demand The Collier County Metropolitan Planning Organization (MPO)2040 Long Range Transportation Plan's Financially Cost Feasible Plan and Needs Assessment Plan as adopted on December 10, 2010 11, 2015, are hereby incorporated to define the major roadway needs for Collier County. The 2035 2040 Financially Cost Feasible Plan is presented as Map TR-1 and shows the needed roadway improvements that can be funded through the year 2035 2040. Map TR-2 shows the total projected roadway improvements needed by 2035 2040. _ - - _ _'- - _ - - e_'' _ _ -. - - - e- - - - - •-•:- - - - - . While the total 2035 2040 needs are estimated to require funding of approximately 11,-56 2_3 billion dollars, the cost feasible plan reflects funding of approximately 1.2 billion dollars. Map TR-3 and Inset Maps TR-3.1 through TR-3.5 shows the existing functional classification of the roadways - . a - - - _- -- - - in the County. The refinement of these plans maps to incorporate updates to the MPO's Plan, development of a collector road system and results of corridor specific studies, shall occur on a regular basis upon approval of the Collier County Board of County Commissioners (BCC). _ f DRAFT Words underlined are added;words at t rough are deleted. "1 Staff Proposed GMP Amendments TRANSPORTATION ELEMENT CCPC Transmittal Draft 9/01/16 *** *** *** *** *** text break *** *** *** *** *** 3. Five-year Capital Facility Program [Revised text, page 2] The Collier County Transportation Work Program is reported annually in the Annual Update and Inventory Report (AUIR) for future five-year planning periods. The improvements shown in the AUIR represent a sub-set of the needs identified in the Collier County 2035 2040 Needs Plan Assessment Projects (Map TR-2) and are included in the current Capital Improvement Element (CIE) Schedule of Capital Improvements, as amended annually, for funding within the next five years. 4. Future Traffic Circulation Map Series - Section 163.3177(6)(b)(1), Florida Statutes requires a map or map series showing the general location of the existing and proposed transportation system features. This map series present the following: number of future funded road lanes and other improvements en-each-facility; roadway functional classifications; and multi-modal facilities (ports, airports, and rail lines). Map TR-1.,. (Tthe 2035 2040 Financially Cost Feasible Tranepertation Plan Network,) se.vec ac the 2035 showsi*g the funded road improvements through 2040, including number of road lanes, sidewalks and bike lanes _ _ _ - - _ _ - _ _- :. . . Map TR-3 shows the 2025 existing roadway functional classifications,,.and Map TR-8 shows the multi-modal facilities in the County. *** *** *** *** *** text break *** *** *** *** *** B. INTERMODAL & MULTI-MODAL TRANSPORTATION [Revised text, page 3] 1. Non-Motorized Travel *** *** *** *** *** text break *** *** *** *** *** The Collier County Comprehensive Pathway Plan, developed by the Naples--(Collier County) Metropolitan Planning Organization (MPO)staff, was adopted by the... *** *** *** *** *** text break *** *** *** *** *** 3. Mass Transit [Revised text, page 6] a. Purpose *** *** *** *** *** text break *** *** *** *** *** The Transportation Disadvantaged (TD) program is coordinated by Collier County, which has been designated as the Coordinated Provider by the Naples Collier Metropolitan Planning Organization (MPO). The TD services offer home pick up and delivery transportation for the elderly, handicapped, and economically disadvantaged in the County. *** *** *** *** *** text break *** *** *** *** *** C. PERSPECTIVES *** *** *** *** *** text break *** *** *** *** *** 3. Inter-agency Coordination Geeperation [Revised text, page 8] In Collier County, the responsibility for providing transportation facilities rests with several different agencies. Long range transportation planning is the primary charge of the Naples (Collier County) Metropolitan Planning Organization (MPO). *** *** *** *** *** text break *** *** *** *** *** Introduction: [Revised text, page 11] *** *** *** *** *** text Break *** *** *** *** *** Page A__ of DRAFT Words underlined are added;words struak-threugh are deleted. 2 Staff Proposed GMP Amendments TRANSPORTATION ELEMENT—CCPC Transmittal Draft 9/01/16 The Collier County Transportation Element meets the requirements of Chapter 163, Part II, Florida — Statutes(FS), the"Community Planning Act". The County has coordinated this Transportation Element with the Long Range Transportation Plan of the Collier County Metropolitan Planning Organization (MPO). *** *** *** *** *** text break *** *** *** *** *** OBJECTIVE 3: [Revised text, page 13] Provide for the protection and acquisition of existing and future rights-of-way based upon improvement projects identified within the Five Year Work Program, Board approved development agreements, and/er the Collier County Metropolitan Planning Organization's (MPO's) adopted Long-Range Transportation Plan and/or other similar Board approved studies, plans and programs. *** *** *** *** *** text break *** *** *** *** *** Policy 3.1: [Revised text, page 13] The County has implem^nted and shall maintains an advanced Right-of-Way Preservation and Acquisition Program. *** *** *** *** *** text break *** *** *** *** *** Policy 3.5: [Revised text, page 14] A. The County is considering the viability of a Thoroughfare Corridor Protection Plan (TCPP)ordinance and land development regulations that: 1. identify, in detail, corridors necessary to develop the County roadway network shown on the County's Long Range Transportation Plan., Board approved development agreements, the Collier Metropolitan Planning Organization's (MPO's) adopted Long-Range Transportation Plan and/or other similar Board approved studies, plans and programs; and *** *** *** *** *** text break *** *** *** *** *** All of the above must be consistent with the currently adopted Long Range Transportation Plan and/or other similar Board approved studies, agreements, plans and programs,and Chapter 336.02, Florida Statutes. *** *** *** *** *** text break *** *** *** *** *** Policy 5.5: [Revised text, page 17] Commercial developments within the South US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification to the i Fact ent County transportation planning agency that at least four f4) of the following Transportation Demand Management (TDM)strategies will be utilized: *** *** *** *** *** text break *** *** *** *** *** Residential developments within the South US 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall provide documentation to the Transportation Planning Section that at least three i of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development ( in coordination with Collier County Area Transit). c) Providing bicycle and pedestrian facilities with connections to adjacent commercial properties. d) Vehicular access to adjacent commercial properties with shared commercial and residential parking. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the __ . *- '_- = - agE r of DRAFT Words underlined are added;words shiolt-through are deleted. 3 Staff Proposed GMP Amendments TRANSPORTATION ELEMENT—CCPC Transmittal Draft 9/01/16 County transportation planning agency on forms provided by the Iden agency. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition — of development approval. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TDM strategies may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three al years and in three (3) year increments until the TDM strategies are deemed effective. Policy 5.6: The County shall designate Transportation Concurrency Management Areas (TCMAs) to encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentage of lane miles meeting the LOS described in this Transportation Element, and Policies 1-3 1.5.A and 1-41. 1.5.B of this the Capital Improvement Element. The following Transportation Concurrency Management Areas are designated: A. Northwest TCMA–This area is bounded by the Collier–Lee County Line on the north side;the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). B. East Central TCMA – This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livingston Road (extended) on the west side (Map TR-6). In order to be exempt from link-specific concurrency, developments within the TCMA must provide documentation to the Transportation Planning Department that at least two (2)Transportation Demand Management (TOM) strategies utilized meet the criteria of the LDC. Monitoring of the use and effectiveness of the TDM strategies selected shall be included in the required annual monitoring report. Developments not required to submit an annual monitoring report shall, for three (3) years following completion of the development, provide an assessment as to the use and effectiveness of the selected strategies in a form provided by the County. Modifications to the applied TOM strategies may be made within the first three (3) years of development if they are deemed ineffective. Modifications to the new TDM strategies may be made within this second three year period and subsequent three year periods if the TDM strategies are deemed ineffective. Another assessment shall be completed within three (3) years and in three year increments until the TDM strategies are deemed effective. Page of DRAFT Words underlined are added;words struck-threug#are deleted. 4 Staff Proposed GMP Amendments TRANSPORTATION ELEMENT—CCPC Transmittal Draft 9/01/16 Policy 5.7: Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 4 1.5.A and 1-:41.5.B of this the Capital Improvement Element. *** *** *** *** *** text break *** *** *** *** *** Policy 6.1: [Revised text, page 19] The Transportation Element shall incorporate to the greatest degree possible, the long range plans of the Collier County Metropolitan Planning Organization. *** *** *** *** *** text break *** *** *** *** *** Policy 11.3: [Revised text, page 24] The Collier County Metropolitan Planning Organization (MPO) has assisted... *** *** *** *** *** text break *** *** *** *** *** Policy 12.1: [Revised text, page 24] The Collier County Metropolitan Planning Organization, through the Transportation Disadvantaged Program shall assist... Policy 12.2: The County Transportation Division and the Collier County Metropolitan Planning Organization shall coordinate... *** *** *** *** *** text break *** *** *** *** *** Tables / Maps/ Figures [Updated maps, following TE text] Transportation Map Series, maps TR— 1 through TR—6,TR—8. *** *** *** *** *** text break *** *** *** *** *** [Include the actual updated maps labeled as, and included in, this Exhibit "A".] PLEASE NOTE:Approval of amendments to this Element is intended to confer the Board's consent to make similar and related changes in references or cross-references to Objectives, Policies and other formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever they appear—within and between Elements—as appropriate to maximize internal consistency. Approval is also intended to confer the Board's consent to make similar and related changes to un-adopted portions of the document. ? Page ,: .of. 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I i � 5rc I x L I 1 . It I Iauiii I1 I v V _ - 4 r +_ 11 11 Y J ,.«y <. ISM IL{,'.�...fr.. .111I f t i+` p r 9 1 , M 1 a) I1 H---� III�II I an-1a eaeaade V1Nds 5.11, ,' 1 ><. 2 d , � 1 .1 ,g wD ` -I �� IE .I o '' Q s 1 _ i. III r .,f OC I •- r `N t4 �. t_. I .T I_H 11i',177-21, -.1-'4',.\-',_ 4 I,j M I E _ :aw ■ ; SII I moult, t IIIlilll 11 _ �. m �1 , I d z Ia Ip 1 1 ,, t { Idl' 41 C "' ' 1� 1 il + „ Ind ' 1_ ( I 1 go IY .,,, r,., , _ , _. i 1 L, h ! . � '. '�� lil ___ �1l �It .1 5 a L .., . , X all No1S3NIAh1 I W I : 2t , w , _ , r Y 1 Y, I L.,1_ ,_ Oa ONI'llfld flJOdaM Y Y+ 1 11 ' fx , I I ' aSs $ 1 1 i q I t — , 1 i1 a Y 1 1 O Dye $ € i 11 ,„,k ' ,, , as 3.1 .3-m000 00 I I ----� � Y EXHIBIT'A' PL20130002637-CPSP-2013-11 TR - 3 SIS Facilities MapFDOT District- 1A 44,.. T.' ` District: 7 ,0 ( c 1. I-4 1r it? Clem wat r N"'►1 '�I."'AWL. ' District: 5 1 r' Saint Pet.+i* SIS Seaport t ' • It EMERGING SIS L W Port \-- ® s1s � kit:" .d SI 14 S Freight Terminal 70 441 ! EMERGING SIS Sara' sntalBradenton $is International Airport SIS Airport E EMERGING SIS ;� 5 x go SIS .,, ,, ` # . District: 1 SIS Passenger Terminal Al :a WI EMERGING SIS CE SIS , SIS Highway cCn,FFn ,_,-iirmodal ._ ' ( Mye7 kin SIS Highway Corridor a,- Southwest Florida 2. International Airport A Emerging SIS Highway Corridor �► w, SIS Highway Connector i M _gsffie. Military Access Facility SIS Railway , , _ EMERGING SIS —+--i— SIS SIS Waterway --`— --.. EMERGING SIS I, ASIS t, I I FOOT D1 Pae' : o \t District: 6 __ 7 Other FOOT Districts 0 12.5 25 50 Miles FDO1 Ou Facilities 2014 County Boundary 1 [ i I 1 t i I ESRC C my Boundary,basemap 2015 > Ad Proof Ar A .Alivallirs Battu , :libfrws Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne.gori@naplesnews.com Account information ' 711111==a1.1 Date:09/15/16 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:506365(N068778) Please confirm placement prior to deadline by contacting your account Company Name:BCC/COMPREHENSIVE PLANNING DEV rep at(239)262-3161. Ad Id: 1271765 P.O.No.:45-161981 Total Cost:$405.37 Contact Name: Email:martha.vergara@collierclerk.com Tag Line:NOTICE OF PUBLIC HEARING Notice is h Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:09/30/16 Stop Date:09/30/16 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING Notice is hereby given that the Collier County Planning Commission sitting as the local planning agency and the Environmental Advisory Council,will hold a public meeting on Thursday,October 20,2016 at 9:00 A.M.in the Board of County Commissioners Meeting Room,Third Floor,County Government Center,3299 East Tamiami Trail,Naples,FL. The purpose of the hearing is to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING COUNTY-INITIATED AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN,ORDINANCE 89-05,AS AMENDED,TO AMEND THE AREA OF CRITICAL STATE CONCERN OVERLAY WITHIN THE FUTURE LAND USE ELEMENT TO PROVIDE FOR A VARIANCE PROCEDURE FOR ESSENTIAL SERVICES TO THE STATE AND LOCAL REGULATIONS PERTAINING TO THE AREA OF CRITICAL STATE CONCERN,AND TO UPDATE AND CLARIFY TEXT AND CORRECT MAP ERRORS AND OMISSIONS SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT;FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES;GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP;STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO REMOVE THE DISCHARGE RATES; TRANSPORTATION ELEMENT AND TRANSPORTATION MAP SERIES;AND THE CAPITAL IMPROVEMENT ELEMENT;AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.[PL20130002637/CPSP-2013-11] All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be made available for inspection at the GMD Zoning Division,Comprehensive Planning Section,2800 N.Horseshoe Dr.,Naples,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,fourth floor,Collier County Government Center,3299 East Tamiami Trail,Suite#401 Naples,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Comprehensive Planning Section of the Zoning Division.Written comments filed with the Clerk to the Board's Office prior to Thursday,October 20,2016, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Coflier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he 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. If you are apersonwith a disability who needsanyaccommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112- 5356,(239)252-8380,at least two days priorto the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Mark P.Strain,Chairman Collier County Planning Commission Collier County,FL September 30,2016 No.1271765 Thank you for your business. 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