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Agenda 01/10/2017 Item # 9D
9.D 01/10/2017 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) zoning district to allow solid waste and resource recovery facilities and public vehicle and equipment storage and repair facilities for a project to be known as Collier County Resource Recovery Business Park IPUD on property located 1.5 miles east of Collier Boulevard and one mile north of White Lake Boulevard in Section 25, Township 49 South, Range 26 East, Collier County, Florida consisting of 344± acres; providing for repeal of Resolution No.09-275; and by providing an effective date. [PUDZ-PL20150002737] OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition, render a decision regarding this rezoning petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is located within the North Belle Meade Overlay (NBMO) and the Rural Mixed-Use Overlay, Sending Lands (RMUO-Sending Lands), approximately one and one- half(1.5) miles east of Collier Boulevard and one (1) mile north of White Lake Boulevard in Section 25, Township 49 South, Range 26 East, Collier County, Florida. The petitioner is requesting that the Board consider an application to rezone the property from the Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) zoning district to allow solid waste and resource recovery facilities and public vehicle and equipment storage/repair facilities for a project on 344±acres. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain an adopted Level of Service(LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within the Agricultural/Rural designated area, Rural Fringe Mixed Use District (RFMUD), Sending Lands, as identified on the Countywide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The RFMUD generally provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD employs a balanced approach to protect natural resources and private property rights and provides for large areas of open space. The RFMUD allows for a mixture of urban and rural levels of service. Packet Pg. 148 9.D 01/10/2017 The Sending Lands have been identified as being least appropriate for development within the RFMUD. Based on the evaluation of available data, these lands have a greater degree of environmental or listed species habitat value than Receiving Lands or Neutral Lands and generally have avoided being disturbed through previous development or agricultural operations. The Sending Lands designation allows participation in the Transfer of Development Rights (TDR) program, including Rural Villages and residential clustering, single-family residences at a density of one (1) dwelling unit per five (5) acres or legally nonconforming parcel, agricultural uses, and other non- residential uses including facilities for the collection, transfer, processing, and reduction of solid waste. The RFMUD allows for resource recovery activities within Sending Lands,stating, Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. The existing Collier County Resource Recovery Business Park was approved as a conditional use on June 23, 2009, by Resolution No. 09-275, allowing for yard waste and storm debris processing [seventy-two (72) acres], construction and debris processing [fourteen (14) acres], a recycled material processing facility [fourteen(14) acres], a household hazardous waste facility [five (5) acres], an administration and equipment maintenance facility [nine (9) acres], tire processing [three (3) acres], and white goods (old appliances)processing [three (3) acres]. This petition would provide for the same type uses within PUD zoning. Applicable Future Land Use Element (FLUE) policies were evaluated by staff as part of the original (2009) conditional use request. The proposed changes do not necessitate new re-evaluation of applicable FLUE policies under Objective 7. olgook 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 analysis,the proposed rezoning petition may be deemed consistent with the FLUE. Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement(TIS)for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is Packet Pg. 149 9.D 01/10/2017 equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. The proposed rezoning was reviewed based on the then applicable 2015 AUIR. The TIS submitted in the application indicates that the proposed development will generate approximately ninety-one (91) PM peak hour trips, on the adjacent roadway links, as follows: Roadway Link 2015 ALIIR Current Peak Hour 2015 Existing Peak Direction Remaining LOS Service Capacity VolmtleiPeak Direction Collier Boulevard Golden Gate C 2,300/North 853 (C.R. 951) Parkway to Golden Gate Main Canal (4-lane divided) Collier Boulevard Golden Gate Main B 3,600/North 2.054 (C.R. 951) Canal to 1-75 (8- lane divided) Collier Boulevard 1-75 to Davis D 3.600/North 764 (C.R. 951) Boulevard (8- lane divided) Collier Boulevard Davis Boulevard to C 3.000;North 1.012 (C.R. 951) Rattlesnake Hammock Road (6-lane divided) Davis Boulevard Radio Road to B 2,900/West 1.629 Collier Boulevard (6-lane undivided) Based on the 2015 AUIR, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for the amended project within the five (5)-year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation and Coastal Management Element(CCME). Policy 6.1.2 requires eighty percent (80%) preservation of native habitat outside the Natural Resources Protection Area (NRPA) Sending Lands. The land preservation requirement is reduced where lands contiguous to the Collier County Landfill are to be developed pursuant to CCME Policy 6.1.6. The policy is specific to this site and states: Packet Pg. 150 9.D 01/10/2017 On the County owned land located in Section 25, Township 26 E, Range 49 S(+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. The proposed development will require the preservation of fifty percent(50%) of the native vegetation on site, which equates to 172.15 acres. 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. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this petition at their December 1,2016, meeting. One(1)member of the public came forward to speak in opposition. Commissioner Schmitt made a motion to approve, which was seconded by Commissioner Dearborn. The vote to approve was unanimous (5-0), contingent upon the application returning to the consent agenda after making the changes in the PUD Document and subject to the following: 1. Limit building height in Tracts B and C to a maximum of 50 feet. 2. Accept deviations #2 and #3, which were presented today. 3. The applicant will explore reducing off-hour lighting. Notwithstanding the unanimous recommendation to approve by the CCPC, there was opposition to this petition; therefore, the petition will be placed on the Advertised Public Hearings section of the Board agenda. LEGAL CONSIDERATIONS: This is a site specific rezone from a Rural Agricultural Zoning District to an IPUD Zoning District for a project to be known as the Collier County Resource and Recovery Business Park IPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for IPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed IPUD with the goals, objectives and policies of the Growth Management Plan. Packet Pg. 151 9.D 01/10/2017 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development(as proposed) for the purpose of assuring the adequacy of available improvements and facilities,both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with IPUD 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed IPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested IPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safer'? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Packet Pg.152 9.D 01/10/2017 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a"core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed IPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 106, Art. II], as amended. 26. Are there other factors, standards, or criteria relating to the IPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the attached Ordinance and recommends that the Board approve the applicant's request to rezone to the IPUD zoning district. Prepared by: Eric L. Johnson, AICP, CFM, Principal Planner, Zoning Division, Growth Management Department ATTACHMENT(S) 1. Attachment 1 - Staff Report (PDF) 2. Attachment 2 -Proposed Ordinance (PDF) 3. [Linked] Attachment 3 -Applicaton and Support Material (PDF) 4. Attachment 4 -FLUE Consistency Review (PDF) 5. Attachment 5 -Legal Notifications (PDF) 6. Attachment 6 - Emails_Letters from Public (PDF) 7.legal ad-Agenda ID 2436 (PDF) Packet Pg. 153 9.D 01/10/2017 COLLIER COUNTY Board of County Commissioners Item Number: 9.D Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) zoning district to allow solid waste and resource recovery facilities and public vehicle and equipment storage and repair facilities for a project to be known as Collier County Resource Recovery Business Park IPUD on property located 1.5 miles east of Collier Boulevard and one mile north of White Lake Boulevard in Section 25, Township 49 South, Range 26 East, Collier County, Florida consisting of 344+acres; providing for repeal of Resolution No. 09-275; and by providing an effective date. [PUDZ-PL20150002737] Meeting Date: 01/10/2017 Prepared by: Title: Planner,Principal—Zoning Name: Eric Johnson 12/06/2016 2:47 PM Submitted by: Title: Division Director-Planning and Zoning—Zoning Name: Michael Bosi 12/06/2016 2:47 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/07/2016 8:53 AM Zoning Ray Bellows Additional Reviewer Completed 12/07/2016 7:25 PM Zoning Michael Bosi Additional Reviewer Completed 12/14/2016 4:21 PM Growth Management Department David Wilkison Level 2 Division Administrator Completed 12/19/2016 10:41 AM Growth Management Department James French Additional Reviewer Completed 12/19/2016 11:21 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 12/19/2016 1:36 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/19/2016 2:01 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2016 11:11 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/20/2016 3:08 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2016 1:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM Packet Pg. 154 9.D.1 Coe County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT Y HEARING DATE: DECEMBER 1, 2016 a. SUBJECT: PUDZ-PL201500002737 COLLIER COUNTY RESOURCE RECOVERY 2 BUSINESS PARK m PROPERTY OWNER/APPLICANT & AGENT: U Owner/Applicant: Agent: Collier County Tim Hancock, AICP e c/o Dan Rodriguez, Solid and Hazardous Stantec Consulting Services, Inc. o Waste Management Division Director 3200 Bailey Lane, #200 3339 Tamiami Trail East, Suite 302 Naples, FL 34105 Naples, FL 34112 0 U REQUESTED ACTION: c The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application L_. to rezone property from a Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) zoning district to allow solid waste and resource recovery facilities and public vehicle and N equipment storage/repair facilities for a project on 344± acres to be known as Collier County Resource . Recovery Business Park IPUD. a GEOGRAPHIC LOCATION: ca The subject property is located within the North Belle Meade Overlay (NBMO) and the Rural Mixed-Use u? Overlay, Sending Lands (RMUO-Sending Lands), approximately one and one-half (1.5) miles east of Collier Boulevard and one (1) mile north of White Lake Boulevard in Section 25, Township 49 South, Range 26 East, Collier County, Florida (see location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: In 2009, the subject property was approved for a conditional use (Resolution 09-275) for uses associated with the recovery of solid waste and public vehicle equipment storage/repair. This petition seeks to rezone the property to IPUD to allow for more flexibility with respect to future site design and development w standards, including proposed access to the site. The list of uses in the proposed ordinance for this IPUD Q would generally remain the same as those approved in connection with Resolution 09-275. Approval of this IPUD would repeal the conditional use. (See location map on page 2) PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 1 of 18 November 21,2016 Packet Pg. 155 ()tied ssauisns I(Janooaaoanosali IC;uno3 Janio3 : 9cpz) podaN}}els - I. ;uawyoe;;y :;uawgoefyco Lo . T j — d I Y ZCL 111111111111111=111111 7-)" . � 1 w as y a NE0 g i \'�1�: _ (9- in 11 -�. 1\\ -,., — // / • cc) N 1 `, C 1 [— .\\:\:.\\\\\ \ op 40.46 co 1 _es iii.n��s■�o� a s /i resimilmiliNIIIMEmsmast1111 __ 44.1 , lir, / 1 1 1t014-t C) ; TT c in O 013 U O J I -_ = � �-0 rLL w > yI -o n_ _mom 9.D.1 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the Collier County Resource Recovery Business Park IPUD boundaries: Northwest: Hide Out Golf Club, zoned A within the RFMUO-Sending Lands and the NBMO. Northeast: Jenkins Way right-of-way, then a single-family dwelling, zoned A within the RFMUO-Sending Lands and the NBMO. 2 co East: A mix of vacant residential lands and parcels with single-family dwellings, y zoned A within the RFMUO-Sending Lands Overlay and the NBMO. The subject property also has frontage on Garland Road. There are three (3) 2 parcels east of Garland Road, which are comprised of a vacant residential m parcel, a parcel with a single-family dwelling, and another vacant parcel m owned by Collier County, all zoned A within the RFMUO-Sending Lands o and the NBMO. ced South: Land owned by Collier County, zoned A, including the Collier County o Landfill Site, which is located within the RFMUO-Sending Lands and the cu NBMO. a w West: Canal, then farther west, are a mix of vacant residential lands and parcels o o with single-family dwellings zoned Estates (E). a) c w r"�- v'^' Ove6a pa.�As 't-p,".":.rj.,x. sz;7 ...G z�r,..I` - ' x ' r 1.,-,. RFSfiVO NiiMQ SENDING t'? 1,-e!,, y� :'4 ft. • °`z M 2•11.11.!",'''4' tH AVE SW - of i t 4" 4^• '` a r, . - &- x x' � 4 d z -' r t K a d'ey AVE y.. ', ' —r i 2sin AVE sw z d r " x !n 4, #` ` i} F, '-�; .ra x., Y.S¢�tk� �.�: i i � , ra +�tS�eday}' iis"z`x: x +.. Y "t .x ,, �� t C f $RFR1U3 NB61Q SEriiiNG Z mng A x"� { 4-i N 7.4f:'4'''.'"-.A‘ -. '•:'. + I`1 '- w�`" '''-‘4'5c.*:-., kad 7, r s r � } . ry 1,, }, �" .0 -4 yr IV z ".v� . n ' r t• 6Jade k _ , U '1"..k i '°: . > 5r? 7 ^s..a1.f.''4.:•.:;':;:, h'•--15-`,:v•- -'''-, zcp}CU ',,,,,‘","7'!,,.; ., RFtdVO NBMO SEMD{NG xa ,' f"4; +., i + yid `',1! '4 a '' ''' ; ,- e a� •'', g ..., 1st A V Sw " -•� = "``i*mk„ z ,e S7- ""ExeP CU """ Q A:5:4Arai yya� res z� 7 a 1' ". ,, P• ="' t a-tk 1 .,$ .,-1 5"tL4ro Y �' Overlay ' t .c A _:�}. ." -".^ r'� RFMUU ttBt 6 SEt.DING ` C " -,',77, `-1-vi'.mac s .r' f i y Markley AYE"[.:-.. w „��'CiTY'GA7E .<+, ,a, _ s,--,,„..2-.S.::.,7,1_ � ,y, 3r� �„ - .*R r-r ,� ,-----4—''' ''''''—'"g% "."..a".��' � � gliiar.,,Iff..kro,..`... 41. r§- - r r° x�.->ss x p al - sS .�£ y'9. � ty S � .IY i� �' r tib J x � - 3 ,..::::.-e:::-'!.11,1"•:.r ' k �.::.�: - - Rr( -7-- z.s', i k Y-a, v X e ' s' hs d ,;--w.„......014,1,,,---.7t. r y " ,T..''?r}, .ux ,<.,�" `,1,..2.. tea..}..,.....H ..'....t�.,., " T ,�' „2 ., _,�...,,�. 4.:- ,, .. .. . �'' Aerial(County GIS) PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 3 of 18 November 21,2016 Packet Pg. 157 9.D.1 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Agricultural/Rural designated area, Rural Fringe Mixed Use District (RFMUD), Sending Lands, as identified on the Countywide Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The RFMUD generally provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD employs a balanced approach to protect natural resources and private property rights and provides for large areas of open space. The RFMUD allows for a mixture of urban and n. rural levels of service. . m The Sending Lands have been identified as being least appropriate for development within the RFMUD. •y Based on the evaluation of available data, these lands have a greater degree of environmental or listed m species habitat value than Receiving Lands or Neutral Lands and generally have avoided being disturbed through previous development or agricultural operations. 0 0 w The Sending Lands designation allows participation in the Transfer of Development Rights(TDR)program, m including Rural Villages and residential clustering, single-family residences at a density of one (1) dwelling unit per five (5) acres or legally nonconforming parcel, agricultural uses, and other non-residential uses including facilities for the collection, transfer, processing, and reduction of solid waste. The RFMUD w allows for resource recovery activities within Sending Lands, stating, a 0 Public facilities, including solid waste and resource recovery facilities, and public vehicle and v equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range a; 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the v expansion of the landfill into Section 25 for the purpose of solid waste disposal. CD M CNI The existing Collier County Resource Recovery Business Park was approved as a conditional use on June 23,2009,by Resolution No. 09-275,allowing for yard waste and storm debris processing [seventy-two (72) o acres], construction and debris processing [fourteen (14) acres], a recycled material processing facility 0 [fourteen(14)acres],a household hazardous waste facility[five(5)acres],an administration and equipment maintenance facility [nine (9) acres], tire processing [three (3) acres], and white goods (old appliances) o processing [three (3) acres]. This petition would provide for the same type uses within PUD zoning. Applicable Future Land Use Element(FLUE)policies were evaluated by staff as part of the original (2009) 5 conditional use request. The proposed changes do not necessitate new re-evaluation of applicable FLUE policies under Objective 7. 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 a. the petition in its entirety. U as Based upon the above analysis, the proposed rezoning petition may be deemed consistent with the FLUE. Q PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 4 of 18 November 21,2016 Packet Pg. 158 9.D.1 Transportation Element: In evaluating this project, staff reviewed the applicant's Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2014 and 2015 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states, The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the 2 overall countywide density or intensity of permissible development, with consideration of their a. impact on the overall County transportation system, and shall not approve any petition or co application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently m operating and/or is projected to operate below an adopted Level of Service Standard within the five a) year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and a) c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. CD N Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on a all roadways. The proposed rezoning was reviewed based on the then applicable 2015 AUIR. The TIS submitted in the vo application indicates that the proposed development will generate approximately ninety-one (91) PM peak hour trips, on the adjacent roadway links, as follows: a) f6 w C E U PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 5 of 18 November 21, 2016 Packet Pg. 159 9.D.1 Table 1. Level of Service(LOS) and Capacity Roadway Link. 2015 AUIR Current Peak Hour 2015 Existing Peak Direction Remaining LOS Service Capacity Volume/Peak Direction Collier Boulevard Golden Gate C 2,300/North 853 (C.R. 951) Parkway to Golden Gate Main Canal 2 (4- lane divided) a Collier Boulevard Golden Gate Main B 3,600/North 2,054 N (C.R. 951) Canal to 1-75 (8- _ lane divided) m Collier Boulevard I-75 to Davis D 3,600/North 764 a, (C.R. 951) Boulevard(8- lane 0 divided) o Collier Boulevard Davis Boulevard to C 3,000/North 1,012ix ca (C.R. 951) Rattlesnake cu Hammock Road o (6-lane divided) u) ce Davis Boulevard Radio Road to B 2,900/West 1,629 Collier Boulevard c (6-lane undivided) o U L a, Based on the 2015 AUIR, the adjacent roadway network has sufficient capacity to accommodate the o proposed new trips for the amended project within the five (5)-year lanninb period. Therefore, the subject . rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. c N Conservation and Coastal Management Element (CCME): 0 a d Environmental Planning staff found this project to be consistent with the Conservation and Coastal ct Management Element(CCME). w Policy 6.1.2 requires eighty percent (80%) preservation of native habitat outside the Natural Resources Protection Area (NRPA) Sending Lands. The land preservation requirement is reduced where lands E contiguous to the Collier County Landfill are to be developed pursuant to CCME Policy 6.1.6. The policy U is specific to this site and states: Q On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the P permitted uses are restricted to the portions of the property that are contiguous to the existing land o fill operations; exotic removal will be required on the entire +/- 360 acres. Q The proposed development will require the preservation of fifty percent (50%) of the native vegetation on site, which equates to 172.15 acres. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 6 of 18 November 21, 2016 Packet Pg. 160 9.D.1 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 to rezone to or amend IPUDs shall be in the form of an IPUD Master Plan of development, along with a list of permitted and accessory uses and a development standards table. The IPUD application a 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 m Requirements of Planning Commission Report(referred to as "Rezone Findings"),which establish the legal aa) basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board of County Commissioners (Board), who in turn use the criteria to support their action on the rezoning or 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 the petition and the IPUD Document to address environmental concerns. The minimum preserve requirement of 172.15 is being provided. In addition, the 200-foot wide native vegetation buffer tract will consist of six (6) acres of existing native vegetation. The location of the minimum required preserve has not been modified from the site plan previously approved with the conditional use (Resolution 09-275). c� The document Recent Preserve Monitoring & Status Report has been provided to summarize the habitat management that has taken place within the onsite preserve areas. The habitat management activities are intended to benefit a number of listed species, including Red Cockaded Woodpecker (RCW) (Picoides a Borealis),Florida Bonneted Bat(Eumops floridanus), Big Cypress Fox Squirrel(Sciurus Niger Avicennia), rr Eastern Indigo Snake (DTIN'marchon Corals Couperi), and Gopher Tortoise (Gopherus Polyphemus). The project has obtained the Florida Department of Environmental Protection (FDEP) Environmental Resource in Permit (ERP) and U.S. Army Corps of Engineers Permit. Collier County Pollution Control requested the IPUD address 2016 modeling results that indicate the Collier County Water-Sewer District's Golden Gate wellfield recharges from portions of the Golden Gate Canal during the dry season. The proposed site's discharge point to the canal is within the recharge area. As such, the PUD Document (#2 under General in Exhibit F of Attachment 1 —Proposed Ordinance) contains the following commitment: cu At the time of SDP application for any future land uses, Collier County Pollution Control or its successor will review each land use to determine if water quality testing is warranted based on the Q proposed land use. Where warranted, minimum standards for storm water testing at the point of discharge to the canal at a reasonable frequency will be developed and made part of the SDP approval. Additionally, all facilities shall be managed using the relevant industry best management PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 7 of 18 November 21, 2016 Packet Pg. 161 9.D.1 practices. The above are considered to be guidelines until specific standards are developed and made part of the Land Development Code at which time, the LDC standards shall apply. It is requested that the stormwater is tested at the point of discharge to the canal for the following parameters: Resource Conservation and Recovery Act (RCRA)-8 metals [Arsenic (As), Barium (Ba), Cadmium(Cd), Chromium(Cr),Lead(Pb),Mercury(Hg), Selenium(Se), and Silver(Ag)]; organochlorine pesticides and polychlorinated biphenyls (PCBs)—Environmental Protection Agency (EPA) 8081/8082; extractable organics [semi-volatile organics and polycyclic aromatic hydrocarbons (PAHs)]-EPA 8270; organophosphorus pesticides—EPA 8141; and volatile organic compounds (VOCs)—EPA 624 at a reasonable frequency. Testing for some of these parameters may become a component of a National 2 Pollutant Discharge Elimination System (NPDES)permit;however, as of the date of this report, this permit a has not yet been obtained. y cu Landscape Review: The Master Plan shows that a twenty(20)-foot wide utility easement would run along the IPUD's north property line. No landscape buffer is required at this location due to the large expanse of m preserve area located just south of the aforementioned utility easement. a) 0 U Along much of the IPUD's southern property line,a Type"A"Buffer(on the subject site)would be installed between the internal roadway of the IPUD and the Collier County Landfill site. °o' m Along the east property line, the Master Plan shows the existing preserve area may be used to satisfy the d Type "C" Buffer requirement where the developable area of the subject property (i.e., Tract D) abuts the adjacent A-zoned lands. In this area, the proposed preserve is 160 feet wide. It should be noted that no c landscape buffer is proposed in the area where the subject property abuts the A-zoned parcel owned by o o Collier County. a. 0 The Master Plan shows that a twenty (20)-foot wide utility easement would run along much of the IPUD's U western boundary. A 200-foot wide native vegetation buffer tract, which may be used to satisfy the twenty o el (20)-foot wide Type "C" Buffer requirement, would separate the IPUD from the canal and E-zoned N properties to the west. 0 a Transportation Review: Approved. ct Utilities Review: The proposed IPUD Document contains commitments regarding future water and in wastewater connections. The Collier County Water-Sewer District has sufficient capacity to provide water and wastewater service to the site in the future. The drawing labeled,"Future Access and Utilities Exhibit" C' (see Attachment 2 –Application and Support Material) is a conceptual drawing that was provided by the P applicant to show that water and sewer lines would be installed along the future access. a ra Zoning Services Review: As previously mentioned,the subject property was approved for a conditional use c pursuant to Resolution 09-275. The conceptual site plan approved in 2009 contained all the uses proposed in this petition, albeit,with a different labeling convention. With respect to the proposed uses,the following f is a non-exhaustive and simplified list, which briefly describes the activities or items associated with each ca use (as itemized in Exhibit A of the IPUD Document): ::-'t 1. Solid Waste and Resource Recovery Facilities. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 8 of 18 November 21, 2016 Packet Pg. 162 9.D.1 i. Construction and Demolition Debris includes but is not limited to woods, metals, drywall, concrete, and the like, which are removed from active construction sites. ii. Dirty Materials Recovery Facility (MRF) is a specialized facility that receives, separates, and prepares recyclable materials to the extent that they are available to be marketed to end-user manufacturers. An example of a MRF includes but is not limited to a sorting facility with the bi-products that are sold, or a bio-solids facility that may generate energy. iii. Household Hazardous Waste are waste items typically found in a common Y household garage or a substance that needs special handling, such as but not limited to paint, a oil, cleaners and solvents, computers, monitors, printers and peripherals, fluorescent bulbs, v, batteries, and the like. iv. Storm Debris includes vegetative materials that are typically collected after a storm event. Z' v. Tires includes any and all tires. P. vi. White Goods predominately includes common household appliances, such as washing machines, dryers, refrigerators, air-conditioning/heating units, and the like. ct vii. Yard Waste includes but is not limited to vegetative materials from households, such as lawn/yard trimmings and the like. viii. Landfill Gas Management involves control of the gas that is typically produced by landfills. The gases must be effectively collected in order to reduce odors or emissions, and c_ they can be potential sources of energy, such as a system similar to the Landfill Gas-to- �n energy facility at the Landfill, etc. r ix. Leachate Management is the management of the liquid bi-products derived from the decomposing of organic materials that typically drains from a landfill. This may involve the use of pipes, tanks, deep injection wells, and similar infrastructure. x. Recycled Materials Processing Facility may process typical recyclables such as, but not limited to, glass,plastic, paper, Styrofoam, or cardboard. a) xi. Brown Goods includes but is not limited to furniture, mattresses, and the like. 2. Public Utilities Department Buildings/Solid Waste Administration Building Complex buildings may include but are not limited to Wastewater Collections, Water Distribution, Utility Billing and Customer Service, Solid Waste and Compliance Laboratory facilities, and off-street parking areas and other appurtenances. 3. Equipment Maintenance Building may include but is not limited to various public utilities and solid/hazardous waste equipment. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 9 of 18 November 21,2016 Packet Pg. 163 9.D.1 4. Public Vehicle and Equipment Storage and Repair involves the storage and/repair of County vehicles including but not limited to vehicles for water, wastewater, and solid/hazardous waste). Public utilities equipment may include but is not limited to a parts inventory of pipes, valves, pumps, and the like. The subject property lies within close proximity to low density residential lands. Staff recognizes the importance of mitigating the potential for adverse impact (from the IPUD) as it interfaces with these residential lands. The Master Plan illustrates how the developable areas of the site are oriented to the center/interior, identified as Tracts A, B, C, and D. The Master Plan depicts a twenty(20)-foot wide utility easement located along a majority of the west property line and a forty (40)-foot wide access easement ,� along a majority of the east property line. These easements are located along the perimeter of the property a near where the IPUD's developable lands are generally proposed. The Master Plan also depicts the co locations of the preserve and the native vegetation buffer tract. These areas are located to the interior of the c aforementioned easements and would effectively separate the developable lands of the IPUD from the .� adjacent residential properties outside the IPUD. As shown on the Master Plan, the preserve along the east m property line would be a minimum of 160 feet in width. The native vegetation buffer tract along the west > property line would be a minimum of 200 feet in width. It should be noted that the majority of the IPUD's o intense industrial uses and all of the tallest buildings are intentionally proposed in Tracts B and C. Tracts B and C are nestled between Tracts A and D, which are located between the native vegetation and preserve a) tracts. The western periphery of Tract B would be located over 500 feet from the IPUD's west property o line. The eastern edge of Tract C would be located over 460 feet from the IPUD's east property line. a c The applicant is requesting to rezone to IPUD, in part, to allow for flexibility with respect to site design and c development standards. The following table compares the proposed IPUD's design and development oo standards with the same in the A and Industrial (I) zoning districts. a) Table 2. Design and Development Standards Design Standard A I IPUD Tract A Tract B Tract C Tract D c., Minimum Floor Area of Buildings 550 1,000 550 550 550 550 0 (square feet) 0. Minimum Lot Area (square feet) 217,800 20,000 20.000 20,000 20,000 20,000 cccc Minimum Lot Width (linear feet) 165 100 100 100 100 100 li Maximum Building Height-Zoned 35 feet 50 35 50 50 35 (feet) c' Maximum Building Height-Actual N/A 50 47 62 62 47 cu (feet) U t6 Minimum Yards (feet) w Front Yard 50 feet 25 25 25 25 25 Q Side Yard 30 feet * 15 15 15 15 c Rear Yard 50 feet 50 25 25 25 25 6 C6 * The total of all side yard setbacks shall equal twenty percent(20%)of the lot width,with a maximum Q of fifty(50) feet.No side yard shall be less than ten(10) feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 10 of 18 November 21, 2016 Packet Pg. 164 9.D.1 When comparing standards, it is noteworthy to consider that the IPUD's proposed minimum lot area represents the standard with which there would be the most significant departure from the A zoning district; however, it is also important to note that this IPUD is 344 acres, owned entirely by one (1) entity, and the developable area accounts for 110 acres or thirty-two percent (32%) of the site. Another significant difference between the IPUD and the base zoning districts is the maximum allowable building height. Under current entitlements, the maximum (zoned) building height is thirty-five (35) feet. However, the IPUD proposes a zoned height of fifty (50) feet and actual height of sixty-two (62) feet. In the cover letter that was given to staff in the initial submittal (see Attachment 2 —Application and Support Material), the applicant asserted, "Not unlike many recycling and reuse facilities in operation, in order to 2 contain potential odors, the majority of the operation is provided inside an enclosed building. This requires increased vertical clearance for dumping, sorting and equipment associated with processing such as dryers." v, The applicant further stated, "The 35' height limitation would be preserved for areas nearest existing residential development to provide a `stepped' effect for building heights that will improve transitioning within the project." Staff was concerned with how the requested height would be viewed from the adjacent residential properties. The sight line exhibit (see Attachment 2 — Application and Support Material) a) illustrates the anticipated view from the residential properties to the west. The exhibit demonstrates the importance of the trees within the native vegetation buffer tract and how they serve to provide a visual barrier to the buildings in Tracts A and B. The drawing shows the buildings would be undetected from the residential areas, although staff notes that 100% opacity is unlikely. It should also be noted that the tallest building proposed in Tract B is depicted as fifty-five(55)feet in height(on the sight line drawing), whereas the IPUD Document proposes a sixty-two (62)-foot tall building. Notwithstanding, the drawing still demonstrates its intended purpose. The proposed building heights, setbacks,presence of the native vegetation buffer tract, and general location of the developable area help to buffer the IPUD from the adjacent low density residential areas to the east = and to the west. CD DEVIATION DISCUSSION: This petitioner is requesting one (1) deviation, which is itemized in Exhibit E in the IPUD Document. The c. petitioner's justification and staff analysis/recommendation is as follows: Proposed Deviation #1 A deviation from LDC Section 6.6.02.A.2, which requires that a five (5)-foot wide sidewalk be provided on both sides of public and private rights-of-way or easements which are internal to the site, to instead E provide a six (6)-foot wide sidewalk on one(1) side of the private right-of-way which is internal to the site. Petitioner's Rationale: "Due to the nature and remote location of this facility,pedestrian use is expected to be minimal to non-existent. Any sidewalk use would be for employees to walk from one site to an adjacent site during operational hours only and public use of the sidewalks will not be encouraged for safety and security reasons. The site will be secured during non-operational hours." Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Transportation Planning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3. the petitioner has demonstrated that "the element may be PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 11 of 18 November 21, 2016 Packet Pg. 165 9.D.1 waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." 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, N water, and other utilities. c The subject site directly abuts the Collier County Landfill. The uses proposed in the II'UD are the co same as that which were approved in connection with Resolution 09-275. Water and wastewater a) facilities currently do not connect to the subject property; however, they will in the future once the extension to City Gate Boulevard North is complete. Drainage solutions would be evaluated incc connection with SDP and construction permits. 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 cc 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. ° 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies LO of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). ra 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. as The uses proposed in this IPUD are the same as those approved in Resolution 09-275 in 2009. The proposed Master Plan illustrates the presence of sizable preserve areas and landscape buffering located between the developable areas of the subject site and the adjacent low density residential parcels to the east and west. The Collier County Landfill abuts this project to the south. RS 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Within PUD districts containing commercial,industrial, and mixed use including residential, at least thirty percent (30%) of the gross area shall be devoted to usable open space. The Master Plan PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 12 of 18 November 21,2016 Packet Pg. 166 9.D.1 indicates that 221 acres or 64.2% of the site would be open space. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order(SDP or platting), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals,including but not limited to any plats and or site development plans, are sought. The City Gate Boulevard North extension will be a complete prior to the approval of any certificate of occupancy for any buildings on this site. 7. The ability of the subject property and of surrounding areas to accommodate expansion. m The area has (or will have) adequate supporting infrastructure, such as wastewater disposal systems and potable water supplies, to accommodate this project based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will continuously be addressed d when development approvals are sought. a) 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 IPUD is proposing one (1) deviation. The request is for a deviation from LDC Section o 6.06.02.A.2, which requires a five (5)-foot wide sidewalk to be provided on either side of a public right-of-way or easement internal to the site, to instead provide a six (6)-foot wide sidewalk on one (1) side of the private right-of-way or easement internal to the site. Staff fully supports this deviation request as summarized in the Deviation Discussion portion of this staff report. M CNJ 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 in 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. 0 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. 0 The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use Q and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 13 of 18 November 21,2016 Packet Pg. 167 9.D.1 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. There are no other IPUD projects located within the immediate vicinity of the subject property; however, the proposed IPUD directly relates to the Collier County Landfill property to the south. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundary of the IPUD follows the boundary of what was approved in the conditional use petition in 2009. Y 5. Whether changed or changing conditions make the passage of the proposed rezoning a necessary. ca The proposed change is not necessary,per se; but it is being requested in compliance with the LDC . provisions to seek such changes. m 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The property is entitled to the uses specified in Resolution 09-275. With the recommendedct condition of approval to attenuate the possibility of unwanted noise from the outdoor areas, staff a) does not anticipate rezoning from A to the IPUD would adversely influence the living conditions in the neighborhood. When asked about the size and types of vehicles(e.g.,trucks)that are anticipated co to access the site, the applicant responded with the following response: The vehicle types and sizes anticipated are unchanged since the anticipated land uses remain the same. With the County purchase of the 305 acre parcel south of the RRBP, a more direct route to CR 951 via City Gate Blvd North has now become available. The current route to and from the RRBP from CR 951 is reduced from over 3 miles to just over 1 mile and 0 eliminates a route that runs in front of hotels and commercial convenience establishments where truck traffic is co-mingled with passenger vehicles. w The applicant further responded as follows: d The exact cargo being delivered to and from the RRBP cannot be determined at this time but is reflected in the permitted uses such as white goods, C&D, tires, yard waste, etc. Collier in County has built a household hazardous waste facility at the Landfill, making a duplicate facility in this location unlikely. Any and all vehicles going to and from the facility must meet FDOT regulations for the safe handling and hauling of materials. Due to the distance to the nearest homes of the proposed access roads being greater than 300' and the design of the roadway itself vibration will not be an issue. 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 roadway infrastructure has sufficient capacity to serve the proposed project at this time. The project is subject to the Transportation Commitments contained in the IPUD Ordinance, which PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 14 of 18 November 21, 2016 Packet Pg. 168 9.D.1 includes provisions to address public safety.Additionally staff has included developer commitments to specifically address additional operational concerns related to impacts resulting from the proposed development. 8. Whether the proposed change will create a drainage problem. Stormwater Best Management Practices, flow paths, treatment, and storage from this project will be addressed through Environmental Resource Permitting with the South Florida Water Management District or Florida Department of Environmental Protection, and County staff will evaluate all required stormwater documentation during the development review process. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. n It is not anticipated this amendment would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. 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. 0 w 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 IPUD would be a deterrent to the improvement of surrounding 0 land. c C 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. N If the proposed development complies with the GMP through the proposed amendment, then that0. 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. U f6 The subject property can be used in accordance with existing zoning; however, the applicant wants to have flexibility with respect to future site design and development standards, including proposed access to the site. U 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 uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 15 of 18 November 21, 2016 Packet Pg. 169 9.D.1 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. Y Any development anticipated by the IPUD Document would require considerable site alteration, a and this project will undergo extensive evaluation relative to all federal, state, and local development w regulations during the SDP and/or platting processes, and again later as part of the building permit c process. Nm 17. The impact of development on the availability of adequate public facilities and services cu consistent with the levels of service adopted in the Collier County Growth Management Plan o and as defined and implemented through the Collier County Adequate Public Facilities 0 Ordinance, as amended. a) The project will have to meet all applicable criteria set forth in LDC Section 6.02 regarding o Adequate Public Facilities(APF), and the project will need to be consistent with all applicable goals tx 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 o of the GMP as part of the amendment process and those staff persons have concluded that no Level 0 of Service will be adversely impacted with the commitments contained in the IPUD Document. The °' concurrency review for APF is determined at the time of SDP review. The activity proposed by this o amendment will have no impact on public facility adequacy in regard to utilities. M 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) N shall deem important in the protection of the public health, safety, and welfare. o o. To be determined by the BCC during its advertised public hearing. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: co This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County o Codes of Laws and Ordinances. .c U re .r NEIGHBORHOOD INFORMATION MEETING (NIM): a The applicant conducted a NIM on September 21, 2016 at the Collier County South Regional Library a) located at 8065 Lely Cultural Parkway in Naples, FL. The meeting commenced at 5:30 p.m. and ended shortly before 7:00 p.m. The NIM Summary is included in Attachment 2 — Application and Support cay Material. Tim Hancock of Stantec Consulting Services, Inc. gave a PowerPoint presentation, which < included a comparison of the conceptual site plan approved in 2009 and the master plan proposed in this ordinance. Mr. Hancock was intentional about mentioning the possibility of having Brown Goods as a requested permitted use. Mr. Hancock mentioned that the number of access points would increase from PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 16 of 18 November 21,2016 Packet Pg. 170 9.D.1 three (3) to four (4). Mr. Hancock also answered questions from the audience, which included topics such as fencing, landscape buffers, setbacks, flooding near Garland Road, water well contamination, and noise. Much of the focus was the public's concern about the anticipated noise that may be generated from the site, particularly from chippers. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 18, 2016. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. a Attachments: 1) Proposed Ordinance 2) Application & Support Material 3) Comprehensive Planning Consistency Review 4) Legal Notifications 5) Emails/Letters from Public ce C, U O co G7 A n�. O 0 m C C N O 0. N cc 1- is Y C/) a, V CC .Ir Q a, U CC• PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 17 of 18 November 21, 2016 Packet Pg. 171 9.D.1 PREPARED BY: �`---� 3A ERIC JOHNSON, AICP, CFM, PRINCIPAL PLANNER DATE ZONING DIVISION Y f4 a fun) REVIEWED BY: ` /°//31E6 a)8 RA-YM °,'D V. BELLOWS, ZONING MANAGER 'DA1E ZONII' J,DIVISION cu N d 7+ MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION 0 U (D APPROVED BY: L O /Z LES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT DAVID S. WILKISON DATE E DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT PUDZ-PL201500002737—Collier County Resource Recovery Business Park Page 18 of 18 Packet Pg. 172 9.D.2 ORDINANCE NO. 17- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO AN INDUSTRIAL PLANNED UNIT 0° DEVELOPMENT (IPUD) ZONING DISTRICT TO ALLOW SOLID a) WASTE AND RESOURCE RECOVERY FACILITIES AND PUBLIC VEHICLE AND EQUIPMENT STORAGE AND REPAIR FACILITIESct FOR A PROJECT TO BE KNOWN AS COLLIER COUNTY RESOURCE a' RECOVERY BUSINESS PARK IPUD ON PROPERTY LOCATED 1.5 MILES EAST OF COLLIER BOULEVARD AND ONE MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25, TOWNSHIP 49 ce SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 344± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 09-275; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20150002737) U WHEREAS, Tim Hancock, AICP of Stantec Consulting Services, representing Collier County, 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: 0 a 0 L 3- SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 25, Township 49 South, Range 26 East, Collier County. Florida is changed from a Rural Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) for a 344± acre parcel to be known as Collier County Resource and Recovery Business Park IPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code. is'are hereby amended accordingly. [16-CPS-01525] 119 Page 1 oft Collier County Recourse Recovery Business Park- PUDZ-PL20150002737 12'22"16 Packet Pg. 173 9.D.2 SECTION TWO: Repeal of Resolution 09-275 is hereby repealed in its entirety. SECTION THREE: 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 , 2017. a ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK COLLIER COUNTY, FLORIDA 0 0 By: By: Deputy Clerk , Chairman 0 r.+ a O Approved as to form and legality: 0 U Heidi Ashton-Cicko A Csi Managing Assistant County Attorney a) 0 CC Attachments: Exhibit A —Permitted Uses Exhibit B — Development Standards Exhibit C —Master Plan Exhibit D— Legal Description o Exhibit E—Deviations 2 Exhibit F — List of Developer Commitments C) E L 0 CC w C a) 0 CC [16-CPS-01525] 1 1 9 Page 2 of 2 Collier County Recourse Recovery Business Park- PUDZ-P120150002737 1222.16 Packet Pg. 174 9.D.2 EXHIBIT A FOR COLLIER COUNTY RESOURCE AND RECOVERY BUSINESS PARK IPUD PERMITTED USES: This ±344.3 acre resource recovery project shall be developed for solid waste and resource recovery facilities and public vehicle and equipment storage and repair facilities. The property lies within the Rural Fringe Mixed Use District (RFMUD), Sending a Lands and the North Belle Meade overlay as designated in the Collier County Growth CP Management Plan. Section B.l .C)8.a)(2) under the Agriculture/Rural Designation of the Future Land Use Element addresses this property specifically, permitting the uses Fri outlined in this document. 00 a3 The Master Concept Plan is designed to provide suitable buffering and development 0 limitations to achieve compatibility with adjacent properties. Q3 U DEVELOPMENT TRACTS A-D 0 N No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following primary uses: 0 A. Principal Uses a> 1 . Solid Waste and Resource Recovery Facilities, including but not limited to; a. Collection and Processing of: i. Construction and Demolition Debris ii. Dirty MRF (Materials Recovery Facility) iii, Household Hazardous Waste iv. Storm Debris v. Tires vi. White Goods vii. Yard Waste d viii. Landfill Gas Management a ix. Leachate Management 2 x. Recycled Materials Processing Facility xi. Brown Goods y 2. Administration Buildings 3. Equipment Maintenance Buildings 4. Vehicle and Equipment Storage and Repair 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or cD Hearing Examiner by the process outlined in the LDC. 6. Permitted Uses are allowed in development Tracts identified on the approved co Master Concept Plan as follows: Page 1 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 175 9.D.2 Development Areas3 Permitted Uses Tract A Tract B Tract C Tract D Solid Waste and Resource Recovery Facility Collection and Processing of: Construction and Demolition Debris P P R a Dirty MRF (Materials Recovery Facility) P P 0 au Household Hazardous Waste P P '_ N Storm Debris P P P m Tires P P w White Goods P P P 0 Yard Waste P P P m G) Landfill Gas Management P P Leachate Management P P 0 N N Recycled Materials Processing Facility P P cc w r Brown Goods P P o Administration Buildings P P P P 6- Equipment Maintenance Buildings P P P P 'o Vehicle and Equipment Storage and Repair P P P P .. CD M Tr B. Temporary Uses N 0 U 1 . Temporary storage of materials associated with storm debris or recoverycia operations associated with natural disasters. 2. Temporary storage of equipment and materials in support of landfill operations. o 3. Construction administrative offices for the County and authorized contractors c and consultants, including temporary access ways and parking areas. a 0 L C. Accessory Uses and Structures a N 1 . Accessory uses and structures customarily associated with principal uses 5 permitted in this District. 2 2. Any other accessory use which is comparable in nature with the foregoing list of 03 permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) Q or Hearing Examiner by the process outlined in the LDC. a, .c 0 CIS Page 2 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 176 9.D.2 PRESERVE TRACT No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following primary uses: A. Principal Use Y n. Preserve N N c) B. Accessory Uses All other uses as permitted in LDC Section 3.05.07.H,1 .h 0 NATIVE VEGETATION BUFFER TRACT ct No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following primary uses: A. Principal Use 0 Native Vegetation Landscape Buffer c.) L B. Accessory Uses Stormwater Management Outfall All other uses as permitted by LDC Section 04.06.02 `=' t4 N O O L f4 f4 Y Q Page 3 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 177 9.D.2 EXHIBIT B DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the proposed Industrial Planned Unit Development (IPUD). Standards not specifically set forth within L this application shall be those specified in applicable sections of the LDC in effect as of a the date of approval of the SDP or Subdivision plat. 0 c TABLE I co- DEVELOPMENT DEVELOPMENT STANDARDS �. Development Areas o Property Development Regulations' Tract A Tract B Tract C Tract D 0 Minimum Floor Area of Buildings (Sq.Ft.) 550 550 550 550 Minimum Lot Width (Feet) 100 100 100 100 a Minimum Lot Area (Sq.Ft.) 20,000 20,000 20,000 20,000 e: Z Maximum Building Height in Feet (Zoned) 35 50 50 35 a Maximum Building Height in Feet (Actual) 47 62 62 47 U d Minimum Distance Between Buildings (Feet) 15 15 15 15 .o . U Principal Structure Minimum Yard Req.: CD •• Front 2 25 25 25 25 N Side 15 15 15 15 0 Rear 4 25 25 25 25 c Preserve Setback: a Principal Structures (Feet) 25 25 25 25 73 0 Accessory Structures (Feet) 10 10 10 10 0 a 2 L 1 . Minimum Open Space shall be 50% for the entire project, totaling a minimum of 172.2 acres, exclusive of wellfield easements. Open Space Calculated based on y Open Space provided for the entire project. cu P 13 2. If the parcel is directly accessed by a public or private road right-of-way, os setback is measured from the adjacent road right-of-way and or easement line a per the LDC. _ m P 3. All individual sites within developed area shall be designed as drive-thru as much c (15 as possible to minimize backup movements by vehicles. 4. All L.M.E's shall be platted as separate tracts or shown as separate tracts on the SDP. The rear yard setback from an L.M.E. shall be minimum of 5 feet. Page 4 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 178 9.D.2 LJ N ` Z 3eJ1111f101bOV - ONINOZ <t L4-10o 214-1-....„ _ P O yl cn • W O m <rx¢ L U N N. o0� H N W r, o 0 z0 cv s . 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'> nOm1 =UJi - � E , Z W I W I U ; Y Y < CO � < 8S INObJ "oh_ '�� Q 5 o z NIW,SZ Flo - I W In o I O z I CL N I I ;� c I_..--- `_ N Z I I ' I � I I r 1 to _O m I / f 7 Packet Pg. 180 9.D.2 EXHIBIT D LEGAL DESCRIPTION: Begin at the Southeast corner of Section 25, Township 49 South, Range 26 East, thence N 89° 51'00"W, along the South line of said Section 25, a distance of 2647.83 feet to the a South 1/4 corner of said Section 25; thence continue N 89°49'19" W, along the South line of said Section 25, a distance of 2648.20 feet to the Southwest corner of said Section 25; thence N 00° 21'14" W, along the West line of the Southwest 1/4 of said Section 25, a distance of 2015.67 feet to the northwest corner of the Southwest 1/4 of the northwest 00 1/4 of the southwest 1/4 of said Section 25; thence N 89°49'22" £ along the north line of the Southwest 1/4 of the northwest 1/4 of 0 the southwest 1/4 of said Section 25, a distance of 660.99 feet to the northeast corner of the Southwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25; 0 thence N 00°28'59" W along the east line of the northwest 1/4 of the northwest 1/4 of the o southwest 1/4 of said Section 25, a distance of 673.16 feet to the northeast corner of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 of said section 25; thence S 89°41'21" W along the north line of the northwest 1/4 of the northwest 1/4 of the southwest 1/4 of said Section 25, a distance of 660.40 feet to the West 1/4 corner of o said Section 25; thence N 00°28'49" W along the west line of the north half of said Section 25, a distance of 672.15 feet to the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of the c� Northwest 1/4 of said Section 25; thence N 89°33'49" E along the north line cf the south 1 /2 of the south 1 /2 of the north 1 /2 of said Section 25, a distance of 3962.01 feet to the northeast corner of the south half of the southwest 1/4 of the northeast 1/4 of said section 25; thence S 00°37'77" E along the east line of the west 1/2 of the east 1/2 of said Section 25 a distance of 1360.54 feet to the northeast corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25 ; thence S 89°.47'54" W, a distance of 661 .01 feet along the north line of the southeast 1/4 of the northwest 1 /4 of the southeast 1/4 of said section 25 to the northwest corner of ° 0. the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; 2 thence S 00°36'32" E along the west line of the southeast 1/4 of the northwest 1/4 of the , southeast 1/4 of said section 25 a distance of 678.67 feet to the southwest corner of the c southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence N 89°56' 16" E along the south line of The southeast 1/4 of the northwest 1/4 of the southeast 1 /4 of said section 25, a distance of 661 . 17 feet to the southeast corner of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; thence N 00°37'17" W along the east line of the southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25, a distance of 680.28 to the northeast corner of the E southeast 1/4 of the northwest 1/4 of the southeast 1/4 of said section 25; 5 thence N 89°47'54" E along the north line of the south half of the northeast 1/4 of the southeast 1/4 of said Section 25, a distance of 991 .51 feet to the northeast corner of the west 1/2 of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25; Page 6 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 181 9,D.2 thence South 00°39'35" East along the east line of the west half of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25, a distance of 682.32 feet to the southeast corner of the west half of the southeast 1/4 of the northeast 1/4 of the southeast 1/4 of said Section 25; thence N 89°54 '57" E along the north line of the southeast 1/4 of the southeast 1/4 of said Section 25, a distance of 330.66 feet to the northeast corner of the southeast 1/4 of Y the southeast 1/4 of said Section 25; a thence S 00°40'20" E along the southeast 1/4 of said Section 25, a distance of 1365.99 feet to the point of beginning. Subject to easements, restrictions and reservations of record. Parcel Contains 344.3 Acres more or less 0° a) O a) a) U L � I 0 N EC a) > 0 U L I a> O U to N a) U Ca L 0 a) N 0 0. O L Ci)E U Ca a) E U Page 7 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 182 9.D.2 EXHIBIT E DEVIATIONS: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this Exhibit E. . A deviation from LDC Section 6.06.02 A.2 which requires a 5-foot wide sidewalk a to be provided on either side of public and private right-of-ways or easements N which are internal to the site, to instead provide a 6-foot sidewalk on one side of the private right-of-ways or easements which are internal to the site. 2. A deviation from LDC Section 4.06.05 which requires a 5-foot buffer between 0° Industrially zoned lots or tracts to require no internal buffers between tracts owned by Collier County. All perimeter buffers shall be required regardless of O ownership. cc 3. A deviation from LDC Section 5.05.08.B.2.c. which requires all non-residential buildings within 300 feet of the boundary of a residentially zoned district to comply with the provisions of section 5.05.08, Architectural and Site Design Standards, to not require compliance with 5.05.08 for any tracts within the development. O U L N O U• � O Q O L N C) �• I CU CO Page 8 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 183 9.D.2 EXHIBIT F DEVELOPMENT COMMITMENTS: ENVIRONMENTAL 1 . Preserve Area Calculation is based on LDC Section 3.05.07.C.4.b. which requires that 50% of the site be subject to Native Retention and site preservation 0- requirements, requirements, With a total site area of ±344.3 acres, this requires a minimum of y ±172.15 acres of on-site preservation y 2. Outdoor lighting fixtures will be 'flat panel' type fixtures to avoid unnecessary light spill. Fixtures near the preserve areas will utilize LED light sources and_cut-off shields to reduce light spill into the preserves and native vegetation buffer tract. 0 3. Based on the approved USFWS Biological Opinion, the preserves on the subject property are being managed for the following listed species: RED COCKADED o WOODPECKER (Picoides borealis), FLORIDA BONNETED BAT (Eumops floridanus), BIG CYPRESS FOX SQUIRREL (Sciurus niger avicennia), EASTERN INDIGO SNAKE (Drymarchon corais couperi), and GOPHER TORTOISE (Gopherus polyphemus). 0 4. A minimum 200' wide native vegetation buffer tract shall be provided as shown on the MCP. Preserves and the Native Vegetation Buffer Tract may be used to °' satisfy the landscape buffer requirement after exotic removal in accordance ci with LDC section 4.06.02 and LDC section 4.06.05.E.1; supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. For areas along the east and west side of the project that will require the establishment of a Type C Buffer, these areas shall reach the 80% opacity requirement as specified in the LDC within 6 months of the first building c Certificate of Occupancy (CO) being issued for the development. 0 PUBLIC UTILITIES Q 0 a. Water and wastewater connections will be made at locations approved at the time of SDP review and final approval. a> TRANSPORTATION E U The development of the land within this PUD shall be subject to and governed by the following conditions: E 1 . Primary access to this site is subject to a Developer Contribution Agreement dated July 8, 2014 or its successor document as approved by the Board of County Commissioners. 2. Additional site and offsite improvements, as required by the LDC, shall be addressed by the Owner at the time of Site Development Plans permitting. Page 9 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 184 9.D.2 3. All internal roads, driveways, alleys, pathways and sidewalks, as well as pedestrian interconnections to adjacent developments shall be operated and maintained by the property owner. 4. If it is judicially determined or otherwise agreed to by the County, then the Y County shall provide access to the outparcels identified on the Boundary Survey as #40, #41, and #42 (all of which are located within the easternmost tract identified on the site plan as "Out Parcel 10.20 Ac Zoned-A"). Said access shall be to Garland Road or other public or private road. Preserve area calculations shall not be affected by such access. 0° 5. No permanent access onto 31st Street SW shall be granted as part of this 0 approval; however, this condition shall not be construed to preclude any temporary emergency access that may be required by any other government agency. 0 N 6. No access shall be permitted on Garland Road. LANDSCAPE U L 1 . The Native Vegetation Buffer Tract shall only be supplemented with native vegetation. U 2. After exotic vegetation removal, the Native Vegetation Buffer Tract shall be planted to meet opacity of the Type C landscape buffer and shall be treated as N a Preserve for plantings and maintenance. A wall may also be used on the development tract in lieu of planting. These areas shall reach the 80% opacity requirement as specified in the LDC within 6 months of the first building CO being 172. issued for the development. o a, to LIGHTING 0 c_ 0 L Project lighting shall be reduced to security level lighting outside of the hours of operation and shall be the minimum lighting level needed for safety and security. :V (i GENERAL f6 1 . Processing of yard waste shall be on the south side of the property as much as possible with staging to the north. E 2. At the time of SDP application for any future land uses, Collier County Pollution Control or its successor will review each land use to determine if water quality testing is warranted based on the proposed land use. Where warranted, minimum standards for storm water testing at the point of discharge to the canal at a reasonable frequency will be developed and made part of the SDP approval. Additionally, all facilities shall be managed using the relevant industry Page 10 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 185 9.D.2 best management practices. The above are considered to be guidelines until specific standards are developed and made part of the Land Development Code at which time, the LDC standards shall apply. HOURS OF OPERATION Hours of daily operation will be the same as that of the landfill. Some operations may require service and monitoring outside of daily hours of operation, including leachate management, deep injection wells and utility operations. These uses however will be limited to employees travelling to and from the site unless responding to emergency conditions. a) > 0 MONITORING REPORT CD One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD 0 commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Collier County. 0 Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer CD by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice a) to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its o` responsibility under this Section. When the PUD is closed-out, then the Managing Entity is N no longer responsible for the monitoring and fulfillment of PUD commitments. 0 0.0 rtL LL f6 •Q ra Page 11 of 11 Collier County Resource Recovery Business Park IPUD December 16, 2016 Packet Pg. 186 9.D.4 IP*- GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION Y cts CONSISTENCY REVIEW MEMORANDUM u) u) To: Eric Johnson, AICP, Principal Planner, Zoning Services Section •N c From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section m L' Date: November 1, 2016 >0 U Subject: Future Land Use Element (FLUE) Consistency Review of Proposed County Resource ct Recovery Business Park Industrial Planned Unit Development (1st memo). v c 0 u) m cc PETITION NUMBER: PUDZ-PL20150002737 [REV: 1] c PETITION NAME: County Resource Recovery Business Park Industrial Planned Unit Development o (IPUD) Ii) REQUEST: This petition requests a rezone to PUD, within the A, Rural Agricultural Zoning District o o within the North Belle Meade Overlay and Rural Fringe Mixed Use (RFMU) District Overlay Sending ca Lands (A-RFMUO-Sending Lands-NBMO to convert the existing Conditional Use allowing 1) a r) cs "Collection and Transfer Site for Resource Recovery," pursuant to Collier County Land Development Code (LDC) Section 2.03.01.A.1.c.12; and 2) "Public Facilities, including Solid Waste and Resource Recovery Facility" and "Public Vehicle and Equipment Storage and Repair Facilities" pursuant to LDC 'm ce Section 2.03.08.A.4.a.(3)(b) of the RFMU District to an Industrial Planned Unit Development (Planned Unit Development). a On the basis of the existing Conditional Use, this petition updates the approved Master Plan, 'y including the listing and identification of uses; increases the building height in the central portion o cp of the property from 35 ft. to 50 ft.; and, relocates access points to allow better interconnection to w the County-owned 305 acre parcel to the south. It Master Plan changes generally replace specifically delineated use areas with larger development .4r tracts for siting flexibility, controlled by specific land use and development (text) regulations.; and, a illustrate new points of interconnection. E U LOCATION: The proposed Resource Recovery Business Park is located adjacent to the Collier Q County Landfill site. The subject property, consisting of approximately ±344 acres, is located ;; approximately 1.5 miles east of Collier Boulevard (CR 951) and one mile north of White Lake 0 Boulevard, in Section 25, Township 49 South, Range 26 East. U r COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Q Agricultural/Rural designated area, Rural Fringe Mixed Use District, Sending Lands, as identified on the Countywide Future Land Use Map of the Growth Management Plan (GMP). The RFMUD generally provides a transition between the Urban and Estates designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMUD -1 - Packet Pg. 187 9.D.4 employs a balanced approach to protect natural resources and private property rights and provides for large areas of open space. The RFMUD allows for a mixture of urban and rural levels of service. The Sending Lands have been identified as being least appropriate for development within the RFMUD. Based on the evaluation of available data, these lands have a greater degree of environmental or listed species habitat value than Receiving Lands or Neutral Lands and generally have avoided being disturbed through previous development or agricultural operations. Y The Sending Lands designation allows participation in the Transfer of Development Rights (TDR) a. program, including Rural Villages and residential clustering, single-family residences at a density of 1 dwelling unit per 5 acres or legally nonconforming parcel, agricultural uses, and other non- residential uses including facilities for the collection, transfer, processing and reduction of m solid waste. The RFMUD allows for resource recovery activities within Sending Lands, stating, CD Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 495, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. The existing County Resource Recovery Business Park was approved as a Conditional Use on June 23, 2009, by Resolution No. 09-275, allowing yard waste and storm debris processing (72 acres), construction and debris processing (14 acres), a recycled material processing facility (14 acres), a household hazardous waste facility (5 acres), an administration and equipment maintenance facility (9 acres), and tire processing (3 acres) and white goods (old appliances) processing (3 acres). This petition would provide for the same type uses within PUD zoning. Applicable FLUE policies were o evaluated by staff as part of the original (2009) CU request. The proposed changes do not CID necessitate new re-evaluation of applicable FLUE policies under Objective 7. 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. U Based upon the above analysis, the proposed Planned Unit Development Rezone may be deemed consistent with the FLUE. 0 U W J LL E r 0 C6 PETITION ON CITYVIEW a) E cc: Ray Bellows, Zoning Manager, Zoning Services Section ca David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Michael Bosi, AICP, Director, Zoning Division G: Comp\Consistency Reviews\2016 G:ICDES Planning Services\Consistency Reviews120161PUDZIPUDZ-PL2015-2737 Cnty Resource Recovery Prk R2.docx —2— Packet Pg. 188 9.D.5 or7 , ,at1iEwLt 44_, NapiesNews.corn Published Daily Naples, FL 34110 Q Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that g he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier Coun- d ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published ix in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published °; at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as y second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 0 Customer Ad Number Copyiine P.O.# BCC/ZONING DEPARTMENT 1307446 PUBLIC HEARING -SOLI 0 U Pub Dates October 14,2016 N to 0 w f4 0 O a1 a' J LC) a) 0 I � E a1 r� /,,// / � U (Sgnft-:re of affiant) ..•� 1VONNE GORI Sworn to and subscribed before me Tho October 1h3, 2016 Notary Public -Stale of Florida l Commission s Frr 940670 t! rte. JI My Comm. Expires Jul 16.2019 SZ(/°``� ,, Bonded thrown National Notary Assn. ( L (Signature/of affiant) Packet Pg. 189 9.D.5 IBA F,02y,October 14,2016 Naples Daily News • /-�, •A NOTICE OF PUBLIC HEARING Florida, Georgi NOTICE OF INTENT TO CONSIDER AN ORDINANCE Georgia 11 lW� Notice hereby given that a publicl' hearing will be held by the CollierCounty Planning prepare for federal Cmmmisssioorn>aDeC PirngM Foo^Thuhday.'N000:vemble_3rGdo, m hCXn0 0 desyt a Trail,Naples FL.to consionn 4aE' ' wars' mal AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO 2000-n 1 AS AMENDED. THE COLLIER COJNTY LANE, DEVELO°IAENT CODE, WHICH ESTAB_ISHED THE 4., COMPREHENSIVE ZONING REGU,ATIONE FOR THE UNINCORPORATED AREA CE States continue to Florida wants Georgia's water use to COLLIER COUNTY,FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS .J continue he.capped annually,with additional cut- MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN squabble over backs during drought years,so that DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (AI ZONING DISTRICT q 7J U1 Florida's oyster indust, gets the bat- -C AN INOLISTRIAI. >IANNED UNIT DEVELOPMENT (IP:/Dj ZONING DISTRICT shared 1 Ovate shed once of fresh and salt watert needs to -C ALLOW SOLID WASTE ANC RESOURCE RECOVERY FACILITIES AND PUBLIC l l li cursi ve. Federal authorities have VEHICLE AND EOUIPMENT STORAGE AND REPAIR FACIITIES FOR P,PROJECT TO blamed low owing,of fi that a laner ce, KATHLEEN FOODY ers for throwing of( balance, BE KNOWN AS COLLIER COUNTY RESOURCE AND RECOVERY BUSINESS PARK 010 wAtr eFts, which"Will be catastrophic and irre- IPU',ON PRO0ERTY_OCATED 1.5 MILES EAST OF COLLIER BOULEVARD AND ONE A.. rersible"for the industry and environ- MILE NORTH OF WHITE LAKE BOULEVARD IN SECTION 25,TOWNSHIP 4.9 SOUTH, Ce ATLANTA-A decades-long fightbe- went without change,Florida argues in RANGE 2E EAST COLLIER COUNTY, FLORIDA CONSISTING OF34,4 ACRES. tween Florida end Georgia over the its brief. PROVIDING FOR REPEAL Or RESOLUTION NO 09-275 AND BY PROVIDING AN supply of water in the states'shared Georgia's water consumption is"ex- EFFECTIVE DATE.(PUDZ-PL20150002737I 0 watershed is headed to trial,despite treme"and significantly worsens al- U) the pleas of a special master appointed ready reduced flows,the brief said. v„A 0 by the 11.S.Supreme Court to reach a "Equine requires that Georgia share C settlement instead. the pain with Florida not avoid it at ,„ ' Florida's attornecs say water use Florida's expenseCO has grown dramatically in the booming Florida also argues that Georgia metropolitan Atlanta area and in south. hasn't done enough to require water v / I /1E11 m west Georgia's agricultural industry, conservation in cities or efficiencies in r,( harming the environment and do wm- agricultural uses.Georgia's attorneys stream industries including oyster deny this,saying the state has taken fishing. steps to conserve water,both by farms Georgia's lawyers say the state'swa- and by metro Atlanta's 5 million con- /" 0 ter use isn't to blame for lower flows Somers. - 0 into Florida's Apalachicola Bay, and Georgia attorneys hope to convince •.." .1 "\'' that capping its use of the Chattahoo- a court that Florida has failed to show I ' 0 Ghee and Flint rivers will jeopardize that Georgia's water use directly Georgia's economy harms the downstream environment or All Alintereste',cartes ars invited to appear a d be hezrzt Copies D'the proposed m The arguments filed this week sag- industries.The brief sacs that Florida's ORDINANCE will De ace available.or insRc on at file Coe/.County Clerk's office O gest neither state is backing down "awn mismanagement'of Clic fishery purih Floor.Collier County o e mart Center 329°East Tamian, dad Spee 401. I. ahead ofatrial beginning on Oct.31 that has diminished the bapsoysterpopula- Naoles,F_one weak onOr to the scheduled nearing.Written comments must Defiles,wch n could affect how the watershed serving tion and blames iower downstream Alabama,Florida and Georgia is used. flows on drought and the management the Zoning Division,?coning Services Section,prior;o Thursday,November 3rd,2016. 0 "I hope I live long enough to see it of dams by the U.S.Army Corps of En- 0 happen." said Special Master Ralph gineers.Attorneys for Georgia also arc If a person pec Des to apo al any d alcor made by the Cog er County Planning 0 Lancaster,who was appointed by the due that Florida hasn't shown that its Commission wm respect to any m_sr considered a,such -seting or hen ria he will VZ U.S.Supreme Court to review Florida's proposed annual cap and added need a record of tnat proceeding,and for such.purpose he may need no ensure tnat a T 2013 lawsuit."When this matter is coo- drought limits will have any positive In- yerbat n record of me proceedings is mace,wain record Includes me testimony and r.+ chided,at least one and prohahly both fluence downstream,but will harm in- toldens-upon which toe appeal stone based, C of the parties will be unhappy with the dustries that contribute almost 518niil- C court's Order;'he warned attorneys lion annually to Georgia's economy. If you are ane_on with a disahify Who needs any accommodation in order to penim pate 0 last year in a conference call. 'Florida proposes draconian redo. Fble pc_eo g ,os are e 'l a no cost to yo',:.tote provision of anal= U The dispute focuses or t he,Apalt chi- t ions in Georgia's water use cuts that asst PI"est colas'Ir oil .Co,,-, .,ocPts Ma ec 11,vs. 1yeted cola-Chattahoochee-Flint River Basin, will cost hundreds of millions(i1 0th I a,333,. zm:ami Trail_as..Site .1.Neale,FL r4. [5 0239i 2 2 Bs alas which Drains nearly 20.000 square. -ions)of dollars and will generate a N miles in western Georgia.eastern Ala- mere fraction of the water that Florida iwb days ono're me meeting. Asssted Nsten'ng oev cos for 1ne""'ng lm''''' ace barna and the Florida Panhandle.The suggests."the brief said. avatame in the Board Di:County xar^+ssie ers Oill x. Chattahoochee and Flint rivers meet at Both states indicated this month that 0 the Georgia-f7orida border to form the a settlement is unlikely before thetrial Golder Coonty Planning CTmmrsslor 0 Apalachicola,which flows into the bay begins in Portland,Mame,where Lan- Mark Strain.Chairman .. and the Gulf of Mexico beyond. caster is based. October 14,2016 No.13D74A6 NOTICE OF PUBLIC HEARING M NOTICE OF PUBLIC HEARING cl NOTICE OF INTENT TO CONSIDER AN ORDINANCE 1 NOTICE OF INTENT TO CONSIDER AN ORDINANCE N Notice is hereby given that c a.1ccc'-nse'ng WI be nolo Sy the Gallie,County Prann,rlg x..'e s arae,.P„e,lea',a rusts aeara,alt,E0,by t.s.;clic-a,,,Plant e,Gee seeee a U) .Oym'r_S0ple W.0:00 AM.,on Thursday.November 3rd.2016.In in:EOar°o`Loamty -LAN' or Tsneay,November Ord,2015.In toe Board Cf County issic..re Meele,p Host„ C idiesTreoswOnerS Mee Roo,Third Floor,Coder Ceua'rment Conte 329E.Els' Third'loo Edifier S,va n....-..e.a...0200 East ie..,Gal.Soles '_'1 co..eaer. 0 Tam an,Trail,Naples F_.to consider. w AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, (13 AN ORDINANCE OF THE BOAR?OECC'JNTY COMMISSIONERS OF COLLIER COUNT.. FLORIDA AMENDING ORDINANCE NUMBER 92-0E.THE COURTHOUSE SHADOWS PLANNED 0 FLORIDA AMENDING ORDINANCE NUMBER 220a-a1.AS AMENDED.THE COLLIER UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE :..'?LINTY'ANC DEVELOPMENT CODE.WHICH ESTABLISHEDTHE COMPREHENSIVE SHOPPING CENTER AND OUTPARCELS BY 10000 SQUARE FEET FOR A TOTAL OF 165,p00 • — ZONING REGU,AT12)NS FOR THE UNINCORPORATED AREA DF COLLIER COUNTY. b+ GROSS SQUARE FEET OF FLOOR AREA:BY AMENDING ORDINANCE NUMBER 2004-41,THE 0 FLORIDA.BY AMENDING THE APRROPPIATE ZONING ATLAS MAP Os MAPS EY COLLIER COUNTY LAND DEVELOPMENT CODE 0Y AMENDING THE APPROPRIATE ZONING Z CHANGING - ZONING CLASSIFICATION D,THE HEREIN DESCRIBED REAL ATLAS MAP OR MAPS DY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL PROPERTY FROM A COMMLlNITY EACILITY PLANNED Util.DEVELOPMENT-KNOWNerr 35.1-ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE Ca AS NEV.'HOPE MINISTRIES CFPUD ZONING DISTRICT T:,,.A MIXED USE PJ\NNEI: SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY(C-YGTMUDLP - 1NIT DEVELOPMENT 0o 1 ZONING DIS FIC' FH J C TOB3 KNOWN l MXD)TO THE COURTHOUSE SHADOWS PUD;0Y ADDING A MEMBERSHIP WAREHOUSE AS THENEW .O°E M "1L' T. AL AN 800 S A h A I LT'P'U.POSE A.CILI !M CANS ION;^F 4 MAXIMUM OESII.Li.DN��ING I CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS J Jr.,',S ON U+;-I u JJI J 7F ORDINANCE NJ A IAS A PERMITTED USE;BY REVISING THE DEVELOPMENT STANDARDS:0Y AMENDING THE I 08NEC,''ON iNl S q' PROVIDING AN EFFECTIVE MASTER PLAN:AND ADDING DEVIATIONS,THE PROPERTY 19 LOCATED ON THE SOUTH SIDE ;�� C _NORTH S^E CDAVISH OF US Al AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11.12 AND 13,TOWNSHIP so! —HE Illba3,IECT�A,. O ., - 3A h L_'1 AR. I: SECTION C fV$ I� rill Ham. SOUTH RANGE 25 EAST COLDER COUNTY,FLORIDA CONSISTING OF 20,35.'-ACRE5'AND I y RANGE .0 COLLIER NT I.C. ,.., > >_ ,, 5`G.- EY PROVIDING AN EFFECTIC DATE.IPUDZ-P;,201200015151 East.Coil Courtly,Florida- 1 E CDt U w+ Y I 1 �' i rocArr o:. �t N ,FderesT.51 names are Invted tC .. c-ear ang ne ea:G. G0p - o ',he ezzimsed II r ETT.,01TIEII Y.TIIIEI, ..... e__ CePIee el Jr.P J_-sed _.h.:_vdl 4?E-.A.,._W.:11 be Trade averizola Id insochron al.he Collier.,o, v-.lark's oFou Ile T. FeeINPIF We _t.P.., w Geure,„I .r of, .._u..Rout.Coe,GT, eh, Fodor co-.Coder .., e enter t c.,Ta .r _01 or n r r_e , FT, . a o Nsess ..e F� r .o I edel. Q 1 F,o We..,.n _._ l--b.. _e., n_ " T,,,,,1" r e v.,,c,spa., t u�..to me__ vs c D m Se .._ _ en,._Thursday.November 3rd.2018. , -•-m _r.,_ E odes to apnea!ara,d,0,, Medd Oy fie ll;ORAr leidieTly Fa I' :reach-ec,d - -e,I"" cendon ...e-.maCyler dour.FL..Coonnossicev . .._.,n with y ,o any Fro o.sdere_c- -tee lD o.hearing, WI a, ns:fa-o-a , -. , n Fwllseed a_- _ o . C,m,m � e need e _ deee.ly, _ J ^ C S_Fe ma:Feed IT El..`n.d ar,d _,r 5 cv neec - e Wet yew..soo,edo.t.. ,,4-d r aa-,, re-rot 0.,0,..DI:ne predeetlialbn it reaSE.w resort.:"I _ m .. i.0, .:.-.�t ,nt add resod: J..e_+. ' 'e t.' s enavtl Fee'sUP N Se Fee. i_tV cat : Avide..s Xi,.110:,toe epLeee S De based^ II you ow o de.,mir.a dweoleu YOunee,aw aiocorempdaticsr.pro., - . ..a.e taw I'e00 0,S e person with n uobilly w,._nee,as u-y accommodation in order to oxo irate .twit-,you r.1leoat no CO,,Y.1.0 We PFO or 0,ceSsio assiStaTOW H e. .e I ay,me :his prODedarig.yOp are entitled,al nocost to yroc,to Ing prods.,o' rta: II Fd I n U me t r I .S e .. assista-_e, lease co aM the Cole „y Goo Facilities Manage n,Divider,loadse: I 54112-535E.l2.3-252-0350..ley-:INF days ees Ip We Fre;:ng-A5_s._d re e.rr eao.es ta.die at 3335 Throe,Trail_a-..Sur,1C1,Naples.FL 34,12.535Cd rG391252,93ES.al leas Erdiaa eied,ireoee-,a.lableieI e boar.,el baiday dEdEEddardra.,..i_a. Iwo cares prey . Ass 0 Iistenog cievrcon for de nzentrig Imps ..n err: e-ailat t`e So_rd or Codad Co ,Fera.0fIr Oe. I',ll. ,.....n,.Flaonos,eldwouwo. l Edo rad-rddroan Rano:, P Y. doV -.ti.-... Oct000 14,2016NE.13 7437 I October iv,able Na.13081401 Packet Pg. 190 9.D.5 Petition No. CU-PL20120002737 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFEC FED PROPERTY OWNERS f4 1. I hereby certify that pursuant to Subsections 10.03.05.B.8 and 10.03.05.B.10 of the Collier County Land Development Code, I did give notice of the public hearing before the Collier County Planning Commission scheduled for November 3. 2016 by U.S. mail to the affected ; O property owners at the addresses provided to me by the Collier County Property Appraiser's Office on October 14. 2016. A copy of the list of 0 addresses from the Collier County Property Appraiser's Office is attached y to this Affidavit. 0 U 2. Copies of the letters mailed to the affected property owners are attached to Cr) this Affidavit. 0 016 2 M (7 day �`,;� N Dated this � of � �.. . v N C O tv U y rJE / g Z Sign 7 ure 1 ! r 1 /-;,;% < < ✓. ( S 4,,r —_—1i.._1 c N Print Name F 1 U Print Title '` w C, U f4 I of 2 Packet Pg. 191 9.D.5 STATE OF FLORIDA ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida, personally appeared 2 > (k {� , who is personally known to me or produced d UC'r``S a i(rr?nS(_ as identification, and under oath stated that the above is true and correct .N and to the best of his/her knowledge. DATED this / j day of ( ,2016. // f�}� / j .` tiAMO i � Notary, State of Florida -Or' osv4 s. Notary Printed Name 0 0, . t ough ts1. k O (13U My commission expires:(. I cc M N U a> fII U f4 2 of 2 Packet Pg. 192 9.D.5 COLLIER COUNTY Growth Management Departments October 05, 2016 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within 500 feet(urban areas) or 1,000 feet(rural areas)of the following described property, that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on October 05, 2016,in the Board of County Commissioners o meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: a> a 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 00 for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by d changing the zoning classification of the herein described real property from an Agricultural (A) zoning district to an Industrial Planned Unit Development (IPUD) zoning district to allow solid waste and resource recovery facilities andtr public vehicle and equipment storage and repair facilities for a project to be known as Collier County Resource And °; Recovery Business Park IPUD on property located 1.5 miles east of Collier Boulevard and one mile north of White Lake Boulevard in Section 25, Township 49 South, Range 26 East, Collier County, Florida consisting of 344± acres; d providing for repeal of Resolution No. 09-275; and by providing an effective date. [PUDZ-PL20150002737] NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO o SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 v 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 o 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 c, COUNTY STAFF MEMBER NOTED BELOW, A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. gi ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF y THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY o COMMISSIONERS IF APPLICABLE. 0 Any person who decides to appeal a decision of the Collier County Planning Commission will need a record of o the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is Z made, which record includes the testimony and evidence upon which the appeal is to be based. a) a) J If you are a person with a disability who needs any accommodation 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 Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, a at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board ,g of County Commissioners Office. This petition, and other pertinent information related to this petition, is kept on file and may be reviewed at the Growth Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please a contact the staff member noted below at (239)-252-2931 to set up an appointment if you wish to review the file. U Sincerely, Eric L.Johnson,AICP, CFM, LEED Green Associate Principal Planner Packet Pg. 193 ()lied ssau!sna AianooaN eounosaa ic;uno3 Jowoo : g£ ) suopeoi}i;oN ie6aj -5 ;uauiyoe;;1y :;uauayoe;;y NI- in r) a. o milIMMI 1111111111111Li MOI74 sN\ `\\\,4' I oirou... 1!nir„ . , (,,, Eliot . ., , \ , \\\\\\ , 2 0) , \\\\\ , o SFS N AA winosom E s _iii iin __ Cr) ca ittii 0 LO =..._- i� �J : i C' :. CL ZN ID E n Z C F Z O V p F ' aN re a. p J Q CO ,; c o CO 0 J I - aAlS Ja 1100 _ ) ` v d m J C7 CO m - - 9.D.5 Petition No. PUDZ-PL20150002737 AFFIDAVIT OF COMPLIANCE FOR PROVIDING INDIVIDUAL MAIL NOTICE TO AFFECTED PROPERTY OWNERS 1 hereby certify that pursuant to Subsections 10.03.05.B.8 and a) 10.03.05.B.10 of the Collier County Land Development Code, I did give th notice of the public hearing, before the Collier County Planning Commission scheduled for November 3. 2016 by U.S. mail to the affected property owners at the addresses provided to me by the Collier County Property Appraiser's Office on October 18. 2016. A copy of the list of addresses from the Collier County Property Appraiser's Office is attached to this Affidavit. 0 (.) 2. Copies of the letters mailed to the affected property owners are attached to TD this Affidavit. (-) 9.0-Vr\ Dated this day of 0C-7C.)\0-CC2016. 't5 S i,,,nature LC) Print Name r\ - COOCCX\f\Ck.110C Print Title E 0 CC of Packet Pg. 195 9.D.5 STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) BEFORE ME, a duly authorized notary of the State of Florida. personally appeared I-7irt C14 74/4 44 - . who is personally known to me or produced a. i-lor/cA ,D-;142/si IL:-eft.Ce as identification, and under oath stated that the above is true and correct CD 0 and to the best of his/her knowledge. cum DATED this 0204 day of (1-4, e, , 2016. 0> 0 MARIA E.CORZO Notary, S' 'Of F rida *16:LI:Wdi IR COMMISSION#FF 021201 ,_ EXPIRES:May 23,2017 g0 • Boted Mr,HUI(Wren Notary P ,nted Name 0 My commission expires: -J 11) 2 of 2 Packet Pg. 196 9.D.5 COLLIER COUNTY Growth Management Department Zoning Division October 18, 2016 RE: PUDZ-PL20150002737 Collier County Resource and Recovery Business Park Industrial Planned Unit Development(IPUD) a N Dear Property Owner: Please be advised the public notification letter sent to your address dated October 5, 2016 regarding PUDZ- m PL20150002737 contained an incorrect hearing date and official name of the requested zoning district. The Collier County Planning Commission (CCPC)will review the above referenced rezoning petition at 9:00 A.M., on November 3, 2016, in the Board of County Commissioners meeting room, third floor, Collier Government Center, , 3299 East Tamiami Trail, Naples, FL. The subject request is to consider the following: 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 g atlas map or maps by changing the zoning classification of the herein described real property from a Rural ci Agricultural (A) zoning district to an Industrial Planned Unit Development(IPUD) zoning district to allow solid 16 waste and resource recovery facilities and public vehicle and equipment storage and repair facilities for a o project to be known as Collier County Resource and Recovery Business Park IPUD on property located 1.5 v miles east of Collier Boulevard and one mile north of White Lake Boulevard in Section 25,Township 49 South, Range 26 East, Collier County, Florida consisting of 344± acres; providing for repeal of Resolution No. 09- `�' 275; and by providing an effective date. (PUDZ-PL20150002737) 0 17, If you are a person with a disability who needs any accommodation 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 Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, 4 at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. -J This petition, and other pertinent information related to this petition, is kept on file and may be reviewed at the Growth ' Management Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. Please contact a the staff member noted below at (239) 252-2931 to set up an appointment if you wish to review the file. 0 Sincerely, CTS r.: CD Eric L. Johnson,AICP,CFM,LEED Green Associate Principal Planner `t Packet Pg. 197 9.D.6 Johnson Eric rom: Madeline Giofrida <madelineg42@gmail.com> Sent: Wednesday, November 16, 2016 10:41 AM To: JohnsonEric Subject: proposed PUDZ-PL-20150002737 fC a_ N N a) Eric Johnson, OD I'm writing to request a*map showing the exact location *of the proposed aa) rezoning in Golden Gate. PUDZ-PL-20150002737 Thank You a) U Philip Giofrida N a) Madeline Giofrida, Accounting Old Town Restoration, LLC 3840 31st Ave. SW Naples, Fl. 34117 m Email: madeline242@gmail.com Phone/Fax: 239-455-2697 co M N U 0 E O — w N d J U) CC w c m t- U fC a) U fC 1 Packet Pg. 198 9.D.6 Johnson Eric From: Kevin Fitzgerald <kfitzgerald@naiswfl.com> Sent: Wednesday, November 02, 2016 1:59 PM To: JohnsonEric Subject: RE: Collier County Resource Recovery Business Park IPUD as d Thank you very much. If I can ever be of any service please use my contact info below. Thx again fitz w N Have a Red Letter Day+ m a) Kevin M. Fitzgerald, CSE President/CEO m rt NAI Southwest Florida, Inc. 13120 Westlinks Ter.,#2 Fort Myers, FL 33913 a 780 5th Avenue South, Ste. 200 Naples, FL 34102 a) Tel: 239-437-3330 Ext. 201 j Fax: 239-437-3220 co Cel: 239-281-4955 0) Web:www.naiswfl.com Skype:fitz.nai Licensed in IA, IL& FL a (CcArAiii POWER 2 Follow us on Twitter twitter.com/NAISWFL cx0U1 BROKER N NAI Southwest Florida, Inc. �l Build on the power of our network.TM w NAI Global is one of the worlds leadingproviders of commercial real estate services. NAI laaaa5 a network k ee with 6,730 professionals, 375 offices in 55 countries world Pyioe alio providing management services to more than 380 mil ion square feet of probates. We bring together people and resources wherever needed to deliver E outstaloino results for our clients and complete over $45 billion in transactions annually. Our chants come to v ^ i0r o,I ,deep local 1lJt41eJoe. They build their businesses on the power of our olooal managed network. U f9 From:JohnsonEric [mailto:EricJohnson@colliergov.net] Sent: Wednesday, November 2, 2016 1:52 PM To: kfitzgerald@naiswfl.com Subject: Collier County Resource Recovery Business Park IPUD Packet Pg. 199 9.D.6 Kevin, It was a pleasure speaking to you today. Attached is a PDF depicting the location of the subject property. Please be advised the CCPC will review this petition at their meeting on December 1, 2016. Respectfully, f4 Eric L.Johnson,AICP, CFM N Principal Planner Collier County Growth Management Department '0 Zoning Division —Zoning Services Section m 2800 Horseshoe Drive North Naples, FL 34104 (239) 252-2931 office (239) 252-6503 fax „EED � �i d okssociamA ooh 3 Ft ki co M N U_ ,a. - rsr<�.:a x..,cz..,.�¢ ... ,..:',Mt..__«..v..,,a.2-:, ...ror.a.k.Y ....a...�...;�,.a x., s_ .,ry„�..a,»�.,..:,..._.v v..,: e 1 J'L,l^C ,a-mall ado z_myo Cz,ci :... 1 yo,, n0,1r3;'` iTul ave C..,,.C..L._ -�o I'Yc-Sj7Q:SE LC a pL.3llc tc:otus+--aqk1..ot 0':SBYId d electroi r ai,ty f`,1,9(1-11% 1°,lE.D orae 01 in lb. rtct. E O L W L cu .411 J N W 0 E cc U .1� a) U IC 2 Packet Pg. 200 9.D.6' JohnsonEric From: Tina <nvprincezz@aol.com> Sent: Friday, October 21, 2016 6:40 PM To: JohnsonEric Subject: Re: 2390 Markley Ave. (2nd email) t4 a. Thank you for prompt response. y Tina W. d On Oct 20, 2016, at 1 :43 PM, JohnsonEric <EricJohnson@collieraov.net> wrote: 0 <image002.gif> ?; Ms. Warren, d Please be advised that I was just told this afternoon that this petition will not be reviewed by the CCPC on November 3. 0 v Respectfully, 0 Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner M From:JohnsonEric Sent:Thursday, October 20, 2016 3:10 PM To: 'nvorincezzijDaoLcom' <nvorincez:c aal.cor> E Cc: BosiMichael <MichaelBosi/E'collierncv.net>; KurtzGerald <Gera!dKurt (EDcall ercov.net> 2 Subject: FW: 2390 Markley Ave. 0 Ms. Warren, _°'i i I read your email and wanted to respond. The letter you received indicated the incorrect hearing date. This item will be reviewed by the Collier County Planning Commission on November 3. You should be receiving the attached follow up letter in the mail any day now. With respect to your question about access. I attached a drawing that shows vehicles would eventually access a the site via City Gate Boulevard North extension. U t6 I am copying Jerry Kurtz, who has better knowledge of drainage issues/solutions. y C a) Respectfully, fC Eric L. Johnson, AICP, CFM, LEED Green Associate Principal Planner From: BosiMichael Sent:Thursday, October 20, 2016 9:12 AM 1 Packet Pg. 201 9.D.6 To:JohnsonEric<EricJohnsonCcolliergov.net> Subject: FW: 2390 Markley Ave. Eric, Can you reach out to the e-mailer to let them know the location of the access road? (see e-mail below) Thanks, mike coFrom: YangBeth . Sent: Thursday, October 20, 2016 8:53 AM To: BosiMichael N Subject: FW: 2390 Markley Ave. m Mike, > 0 U Would you please help her or direct her to the right person? Thanks a lot, N Beth From:Tina.VWWvers@HCAHeaithcare.com [mailto:Tina.Wyers@HCAHealthcare.com] Sent:Tuesday, October 18, 2016 6:21 PM d To:YangBeth <BethYang( coliiergov.net> "6— Cc: Cc: nvorincezz( aol.com; cmart\'4O( cox.net v Subject: 2390 Markley Ave. `O CV Hi Beth, Martin Gaut and I own a house there in Collier County. We got a letter explaining they were holding a hearing to be held by the Collier County Planning Commission a concerning zoning regulations to be changed to IPUD zoning district to allow waste and 0 resource recovery facilities and public vehicle and equipment storage and repair facilities. 0 J The map that was sent to us, shows it will be caddy corner to our property within 50 y' feet, which concerns me because we are already backed up to the dump. Which is not a problem obviously because we bought it with knowing we were purchasing near the dump. My question is, is the entrance road going to be near our property or will it be on CO the other end for the new facilities? C, E We never got to answer or come to a meeting cause we mainly live in Las Vegas and 6 was not available at the time. Our last letter for public hearing was sent out on October 5th, to be at a public meeting at 9am for the same day which we just received the letter on October 17th Also, I have been wanting to contact somebody, you may know who I need to contact. Our back lot of our property was totally flooded when we were there in •'='t September. There was no place for the water to flow out. The dump has a berm along the fence, which kicks water our way and is flooding the side also. There is no drain to let the water out and the only place it can drain is beside Collier County Property which 2 Packet Pg. 202 9.D.6 is the property mentioned in the public hearing. How do I get someone out there to look at it and tell us what we need to do so that we can drain the water in the future? Please reply to nvorincezz(caol.com, I am using my work email today. Thank you, Tina K.Warren ra a 8028 Red Sud Vine 5 t. North Las Vegas, Nevada 89085 = (702)962-7286 daytime (702)508-7695 evening O 2390 Markley Ave. Naples, rlorida 3+1 17 O a) Linger Florida Lam,e-mail addresses aro pubiic records, it you do not want your e-mail address released in response to a public records U request do not send electronic mail 10 this sully. Instead.contact this office by telephone or in writing. a) O U CD M n U a_ E O L N a) G) N ILICu CD a) E .) c a) ra .-a 3 Packet Pg. 203 9.D.6 JohnsonEric rom: BosiMichael Sent: Thursday, October 20, 2016 9:12 AM To: JohnsonEric Subject: FW: 2390 Markley Ave. fC 0_ Eric, Can you reach out to the e-mailer to let them know the location of the access road? (see e-mail below) Thanks, mike From: YangBeth Sent: Thursday, October 20, 2016 8:53 AM To: BosiMichael cc Subject: FW: 2390 Markley Ave. Mike, Would you please help her or direct her to the right person? U Thanks a lot, Cr) 0 Beth o co o lti c Ti t/re 1 Hea h - r ] 'Cr rom:Tina.���,t�rs '-ICAf�.acv�car.�.ce,m mailto:.ina.U��.rst�HCA,��a.t� car�,...om Sent:Tuesday, October 18, 2016 6:21 PM To:YangBeth<BethYanc( colliercov.net> Cc: nvorincezz@aol.com; gmarty40( cox.net o_ Subject: 2390 Markley Ave. o L N.. N Hi Beth, a) Martin Gaut and I own a house there in Collier County. We got a letter explaining they were holding a hearing to be held by the Collier County Planning Commission concerning zoning regulations to be changed to IPUD zoning district to allow waste and resource recovery facilities and public vehicle and equipment storage and repair facilities. w tO The map that was sent to us, shows it will be caddy corner to our property within 50 feet, which concerns me because we are already backed up to the dump. Which is not a problem obviously because we bought it with knowing we were purchasing near the dump. My question is, is the entrance road going to be near our property or will it be on the other end for the new facilities? Q We never got to answer or come to a meeting cause we mainly live in Las Vegas and was not available at the time. Our last letter for public hearing was sent out on October 5th, to be at a public 5. meeting at 9am for the same day which we just received the letter on October 17th a Also, I have been wanting to contact somebody, you may know who I need to contact. Our back lot of our property was totally flooded when we were there in September. There was no place for the later to flow out. The dump has a berm along the fence, which kicks water our way and is flooding the side also. There is no drain to let the water out and the only place it can drain is beside Collier Packet Pg. 204 9.D.6 County Property which is the property mentioned in the public hearing. How do I get someone out there to look at it and tell us what we need to do so that we can drain the water in the future? Please reply to nvorincezz@aol.com, I am using my work email today. Thank you, Tina K.Warren c`a 8028 Red Sud Vine 5t. rn North Las Vegas, Nevada 89085 (702)962-7286 daytime (702)308-76p5 evening 2390 Markley Ave. Naples, F=lorida 341 17 °1 Under I, �nail addresses are public records.oras I you do not rant your e-mail address released an response to a public record„request do not send U - electronic ai to the entity.instead.contact the office by telephone or in,Nritalg. d O 0 C U fl E O L U) Q J 1 .r� w .4+ a) U caf4 N U r.+ 2 Packet Pg. 205 9.D.7 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,January 10,2017 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board,of County:Commissioners (BCC) will•consider the enactment of a County Ordinance.ThVftttietItigwill commence Y at 9:00 A.M.The title of the propose4Ordinanceis as follows: cii The purpose of the hearing is to consider: N N ANORDINANCEOFTHEBOARDOFCOUNTYCOMMISSIONERS O7 OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE -- NO. 2004-41, AS AMENDED, THE COLLIER COUNTY N LAND DEVELOPMENT CODE, WHICH ESTABLISHED CO THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP a) OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF o THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL c.) AGRICULTURAL(A)ZONING DISTRICT TO AN INDUSTRIAL a) ' PLANNED UNIT DEVELOPMENT(IPUD)ZONING DISTRICT CC 3 TO ALLOW SOLID WASTE AND RESOURCE RECOVERY a) y FACILITIES AND PUBLIC VEHICLE AND EQUIPMENT L Z STORAGE AND REPAIR FACILITIES FOR A PROJECT TO = ).. BE KNOWN AS COLLIER COUNTY RESOURCE RECOVERY 0 •a BUSINESS PARK IPUD ON PROPERTY LOCATED 1.5 MILES y p EAST OF COLLIER BOULEVARD AND ONE MILE NORTH W to OF WHITE LAKE BOULEVARD IN SECTION 2S,TOWNSHIP a eo. CONSISTING OF 3441 ACRES; PROVIDING FOR 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA a . REPEAL 5 Z Of RESOLUTION NO.ta EFFECTIVE DATE.(PPUDZ-PL201190M2737) PROVIDING AND BY AN 0 L o A copy of the proposed Ordinance is on file with the Clerk to the a� Board and is available for inspection. All interested parties are ^' invited to attend and be heard. -j 'z I NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of coco v the agenda item to be addressed. Individual speakers will be N o limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. ro If recognized by the Chairman, a spokesperson for a group or co organization may be allotted 10 minutes to speak on an item. et ro C N Persons wishing to have written or graphic materials included in 0 the Board agenda packets must submit said material a minimum al of 3 weeks prior to the respective public hearing. In any case O written materials intended to be considered by the Board shall .a N be submitted to the appropriate County staff a minimum of aa) seven days prior to the public hearing. All materials used in a) presentations before the Board will become a permanent part Q of the record. Any person who decides to appeal any decision of the Board `a will need a record of the proceedings pertaining thereto and o 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 based. C If you are aperson with adisabilitywho needs any accommodation a) in order to participate in this proceeding, you are entitled, at P no cost to you,to the provision of certain assistance. Please .c 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 prior to the meeting. Q Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNAS FIALA CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) December 21,2016 No.1401400 Packet Pg. 206