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Agenda 05/24/2011 Item #17A5/24/2011 Item 17.A. 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. PUDZ- 2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes 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 an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will allow development of a 500 -seat church, a single - family residence and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD rezone 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 project known as Grace Romanian Baptist Church of Naples CFPUD, will allow development of a 500 -seat church, a single - family residence, and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. For additional information please refer to the staff report prepared for the CCPC. 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 of the Growth Management Plan as needed to maintain 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. Please note that impact fees and other revenue collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Packet Page -1983- 5/24/2011 Item 17.A. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Future Land Use Element [FLUE] and on the Future Land Use Map (FLUM) of the Growth Management Plan [GMP]. The Urban designation allows community facilities such as churches and child care centers (pre - schools) — the uses proposed in this PUD. Comprehensive Planning Staff has reviewed this petition and has found it inconsistent with the applicable policies of the Future Land Use Element based upon the Policies adopted to implement Objective 7, Toward Better Places: The Community Character Plan for Collier County, Florida, [to] promote smart growth policies, and adhere to the existing development character of Collier County. Policy 7.3 states, "All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type." The petitioner disagrees with this position, as did the Collier County Planning Commission. A detailed analysis of the project's consistency with the FLUE, and any other relevant GMP Elements is contained in the attached Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The CCPC heard this petition on March 17, 2011, and by a vote of 9 to 0, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: Exhibit A: Combine B 1 and 4 into one item. Exhibit B: Define the front setback for Accessory Structures to differentiate between uses such as playground equipment, shade structures porte cochere or similar unenclosed structures as 25 feet, and 50 feet for anything else (such as a gymnasium). The petitioner has made these revisions to the PUD document that is included in the draft ordinance. In addition, although not requested by the CCPC, the petitioner modified the access point on Livingston Road in compliance with Transportation Planning staff s issues raised at the CCPC. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Agricultural (A) Zoning District to the Community Facility Planned Unit Development (CFPUD) Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Packet Page -1984- 5/24/2011 Item 17.A. Criteria for Straight Rezones 1. 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? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. 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 safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. 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. Packet Page -1985- 5/24/2011 Item 17.A. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art. 11], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval -STW RECOMMENDATION: Staff has included the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 3) Back -up information 2) Application 4) Ordinance Packet Page -1986- 5/24/2011 Item 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.A. 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. PUDZ- 2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes 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 an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will allow development of a 500 -seat church, a single - family residence and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. Meeting Date: 5/24/2011 Prepared By Name: DeselemKay Title: Planner, Principal,Engineering & Environmental Ser 3/23/20114:26:08 PM Approved By Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 4/26/20115:39:26 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 4/28/2011 9:10:36 AM Name: LorenzWilliam Packet Page -1987- 5/24/2011 Item 17.A. Title: Director - CDES Engineering Services,Comprehensive Date: 5/2/2011 8:02:10 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 5/3/2011 7:26:10 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 5/10/2011 10:11:45 AM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 5/12/20114:47:49 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/13/2011 11:00:24 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/17/20112:08:58 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/17/20112:12:37 PM Packet Page -1988- TO: 12103115 5/24/2011 Item 17.A. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: MARCH 17, 2011 SUBJECT: PTJDZ-2005-AR-8674: CYRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD PROPERTY OWNER & APPLICANT/AGENT: Owner/Applicant Agents`. brace Romanian Baptist Church D. Wayne Arnold, AICP of Naples. Inc.. c.o Adrian Roman 3800 Via Del Rey 3000 Onun ge Blossom Dr 94 Bonita Springs, FL 34134 Naples, FL 34109 REQUESTED ACTION: Mr. Richard D. Yovanovich, Esquire Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples. Fl, 34103 - The petitioner is asking the Collier Couniv Planning Commission (CCPC) to consider an application for a rezone from an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment). to a Community Planned Unit Development (CFPUD) zoning, district with removal of the ST overlay,' GEOGY.RAPHIC LOCATION: The 12± acre subject property is located at the comer of Learning Lane and Livingston Road in Section 13,'I'owmship 48 South, Range 25 East. Collier Count, Florida. (See location map and proposed PLJD Master Plan on the following pages) PURPOSE/DESCRIPTION OF P'RO3ECT: The prQject knm&m as Grace Romanian Baptist Church of Naples CFPUD, will allow development of a 500-scat church, a single-familN, residence, and preschool of up to 150 students along x6th other permitted and accessaTIN; uses commonly associated with a church and preschool use, Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 March 17, 2014. CCPC Revised: 3/2111 Packet Page -1989- Page 1 of 16 5/24/2011 Item 17.A. Packet Page -1990- C) z z 0 N I cc hi 11 A t It alf .... .... ... ............. Packet Page -1990- C) z z 0 N I cc hi oe Ra $c _ 5/24/2011 Item 17.A. w j i • 5�ay `040 / • £ �` \ �• e 7 OM LL C a > y V W W i 2 gxu i° a W 9� ku G iii a �,. 5 `L T - Z2� LL LLi kn 4. L)dWN� a� Lj < tgg r =4. C) w• �i C G f6 to W LLJ iW i C H W S Iii G • z u I, s I t n W � C wllkwW r! C 2tn Ut R ».. X UG Q <• 1 b z •- f. of v: tai. � ¢ a t J � W o�> 2Z G N Packet Page -1991- 5/24/2011 Item 17.A. This petition was originally submitted seeking a rezone to RPUD for a project proposed to be named Hilton Hills RPUD. That project proposed a maximum of 48 dwelling units or a maximum of 200 assisted living or continuing care retirement community units in accordance with the RPUD Master Plan as submitted on June 2,, 2008, and as summarized below: * 7.0 acres or 58.3% for residential-, * 1.3 acres or 10.8% for right of way-, * 1.4 acres or 11.7% for a lake; * 1.8 acres or 15.0% for preserves, and * 0.5 acres or 4.2% for buffers/other open space The current PUD and Conceptual Master Plan, last revised August 20 10, proposes the followring land uses: * 7.2± acres of CF (limited to churchihouse of worship with a maximum of 500 seats, a single family home, and maximum of a 150 student pre-school) uses * 13± acres of right-of-ivm * 1.0= acres of lakes, * 1.8-± acres of preserve, and * 0.7± acres of buffer area. SURROUNDING LAND USE AND ZONING: North: Undeveloped 6.5± acre tract with a zoning designation of Rural Agricultural East: a triangular tract, -which is part of the right-of way for Livingston Road and then Livingston Road-, then the undeveloped Brandon RPUD, approved for 4± units per acre with mixed residential uses. The maximum building height limitation for the tallest structures is 50 feet/3 stories (zoned) and 55 feet/3 stories (actual) (Ordinance 9 08-13) South: Learning Lane, then the undeveloped 163:E Royal Palm International Academy. a mixed use project that was approved for a maximum of 3.4 dwelling units with a cap of'550 units, and a 50 acre education, social religious and recreation tract for a maximum of 1,250 students through high school. Campus structures can be built to a maximum of 50 feet and residential structures are limited to 45 feet/three story maximum building height. The tract has a zoning designation of PUD (Royal Palm International Academy PUD (Ordinance #03-54) West: Undeveloped 10± acre tract, then North IN-aples Middle School both with a zoning designation of Rural Agricultural Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 2 of 16 March 17, 2011 CCPC Revised: 312/11 Packet Page -1992- 5/24/2011 Item 17.A. Aerial Photo (subject site depiction is approximate) GROWTH MANAGEMENT PLAN, (GL4P) CONSISTENCY: The subject property is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Future Land Use Element [FLUE] and on the Future, Land 'Use Map (FLUM) of the Growth Management Plan [GIMP]. The Urban designation allows community facilities such as churches and child care centers (pre-schools) — the uses proposed. in this PLJD. In order to promote smart growth policies, and adhere to the existing, development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]- 01bjective 7: In an effort to support the Dover, Kohl & Partners publication. Toward Better Places: The Communi:.y Character Plan _fir Collier I County Florida, promote smart growth policies. and adhere to the existing development character of Collier County . the following policies shall be implemented for new development and redevelopment 'projects, where applicable. Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 3 of 16 March 17, 2011 "CPC Revised: 312t1 1 Packet Page -1993- 5/24/2011 Item W.A. Policy 7.1: The County shall. encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, the PUD Master Plan, depicts direct access to Livingston Road, an arterial road per the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [There is no street system for the project proposed. Nonetheless, Exhibit C, the PUD Master Plan, depicts a drive /parking lot aisle in a looped configuration with a single access point on Livingston Road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [There is no street system for the type of project proposed. A potential connection to Learning Lane (runs along the south side of the site and ends at entrance to North Naples Middle School to the west) is depicted on Exhibit C, the PUD Master Plan, and labeled as "future potential interconnection to Learning Lane, subject to access approval from Collier County School District." Though this note on Exhibit C implies the applicant would attempt to gain approval from the School District for that connection (and application materials state the petitioner is seeking this approval from the School Board), staff believes it should be explicitly stated as a developer commitment on Exhibit E to attempt to gain approval. At the next development order, the applicant would have to provide the connection or evidence of unsuccessful good faith efforts to gain approval for the connection. The proposed on -site preserve area precludes interconnection to the undeveloped lands to the north zoned A, Rural Agricultural. The proposed take (water retention area) precludes interconnection to the west, unless it is reconfigured; given the small size of the site, reconfiguration may not be possible /feasible. Further, if the connection to Learning Lane occurs, then the benefit of an interconnection to the west would be lessened.] Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [For the most part, this policy is not applicable since this is not a residential project. The required open space is depicted on Exhibit C, the PUD Master Plan. Also, since there is no requested deviation, sidewalks will have to be provided per the LDC. ] Review of PUD Document Exhibit E. List of Developer Commitments: The petitioner needs to add a commitment to: seek approval from the Collier County School District for a connection. to Learning, Lane; and, to construct that connection during the initial development phase of this project, if approval granted. OR, if approval not granted, to provide evidence to the County of good faith efforts to obtain that approval and of the School District's denial. Based upon the above analysis, the proposed PUD may not be deemed consistent with the Future Land Use Element. One PUD revision is needed as noted above. [It is acknowledged the petitioner wishes to proceed to public hearings to tvt this issue.] Grace Romanian Baptist Church of Naples CFPUD, PUDZ - 2005 -AR -8674 Page 4 of 16 March 17, 2011 CCPC Revised: 3!2111 Packet Page -1994- 5/24/2011 Item 17.A. Transportation Element: Transportation Planning staff has reviewed the petitioner's PUD Traffic Impact Statement (TIS) included in the application back -up material and the PUD documents to ensure the PUD documents contain the appropriate language to address this project's potential traffic impacts. and to offer a recommendation regarding GMP Transportation Element Policy 5.1. Those policies require the review of all rezone requests with consideration of their impact on the overall transportation system, and specifically note that the County should not approve any request that significantly impacts a roadway segment already operating and /or projected to operate at an unacceptable Level of Service (LOS) within the five -year planning period unless specific mitigating stipulations are included with any project approval. as follows: I. Staff asked the petitioner's agent to add a Developer's commitment to Exhibit E of the PUD during the 9;23110 review, but that comment was not addressed in the final submittal. As a stipulation of approval, a commitment to limit the maximum trip generation of this site to that which has been analyzed by the final] TIS must be stated in Exhibit E. 2. The location trf the driveway connection to Livingston Road depicted on Exhibit C is not acceptable. If connection to Livingston Road is to be made, the access point shall be located at this project's nearest north - easterly location that is not within the preserve area and consistent with the County's Access Management Resolution 01 -247 As a stipulation of approval, the connection point must be relocated to a point consistent with the County's access Management Resolution (See attachment 41). 3. The church must agree to provide traffic control personnel for peak traffz'c events (such as Church services). Transportation Planning staff has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the five -year planning period, if the stipulations noted above are adopted. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) with the mitigation proposed. Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed changes to the PUD documents. Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element (COME ), GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. 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. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is inconsistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is inconsistent with the GMP Transportation Element unless the proposed mitigation.is adopted_ Environmental staff recommends that the petition be Grace Romanian Baptist Church of Naples CFPUD. PU ©Z- 2005 -AR -8674 Page 5 of 16 March 17, 2011 CCPC Revised: 3/2111 Packet Page -1995- 5/24/2011 Item 17.A. found consistent With the CCME. Therefore, zoning staff recommends that the petition be found inconsistent with the goals, objective and policies of the overall GMP unless the proposed Transportation stipulations are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.13.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.03.05.1, A'ature of Requirements cif Planning Commission Report (referred to as "Rezone Findings"). An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Revieiv: Environmental Services staff is recommending approval subject to the Environmental condition contained in Exhibit F of the PUD document. The Environmental Advisory Council Board (EAC) approved the Environmental Impact Statement (EIS) for this project on November 5, 2008. The project site consists of 12.16 acres of native vegetation that generally consists of pine flatwoods, palmetto prairie, and hydric pine flatwoods. A minimum of 15% of the existing native vegetation shall be placed under preservation and dedicated to Collier County. The proposed 1.82-acre upland preserve area is located in the northern portion of the project site. No listed species were found on site and preliminary Uniform Mitigation Assessment Methods (UMAM) scores for the 4.60 acres of on-site wetlands were below 0,65. The wetlands on site are heavily infested with exotic vegetation including Melaleuca and Brazillian pepper. The project will result in impacts to 100% (4.60± acres) of potential South Florida Water Management District (SF)N7MD) jurisdictional wetlands. Impacts to the jurisdictional wetlands shall be mitigated for through the SFWMD permitting process at the first development order. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues. Transportation Division staff has recommended approval subject to the adoption of the proposed Transportation Development Commitments listed on page 7 of this report. The Transportation Planning Staff has identified the following issues: TIS Comments: Staff has delayed the review of peak- hour church impacts until the SDP is submitted. At such time, operational impacts will be required at the intersections of Learning Lane/Livingston, as well as Veterans Memorial/Livingston. Extension of the turn lanes is anticipated due to operational impacts. Access Management: 1. Connection to Livingston is legally allowed, but not recommended. See staff note Connection to Livingston Road shown on PUD Master Plan is not allowed in the proposed location. The only connection location consistent with the access management policy is immediately south of the area labeled 'preserve' along Livingston Road. This distance Will not comply With the required 1320-foot spacing on a class 2 arterial. but Transportation staff recognizes the need to preserve the most sensitive lands within the Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 6 of 16 March 17. 2011 CCPC Revised: 3/2/11 Packet Page -1996- 5/24/2011 Item 17.A. project. It will not be allowed any closer to the Learning Lane intersection and the applicant shall provide compensating right-of-way (ROW) as required by the LDC whether it is in conflict with the preserve or not. This is another reason the project should be required to connect to Learning Lane as the Learning Lake driveway would completely avoid the preserve area. Refer to spacing requirements listed in Res, 01-247. These location criteria will be enforced at SDP. * Note: Public use of the fire district's [proposed] emergency -only opening north of this project driveway is prohibited, and will be recognized during the submittal of the future SDP for this prqJJect. The church will not be allowed to use the emergency- only median opening, General Staff Notes: We feel that the intention of the Board of County Commissioners (BCC) in declaring Livingston Road as a class 2 roadway was to protect against creation of multiple unnecessary driveways, to create safer traffic flow, and to protect the capacity and design integrity of this multi-million dollar corridor. Allowing even right in/right out (Rl/RO) where it is not absolutely necessary is contrary to that directive found in Res. 01-247. However, Transportation Staff offers approval of this application, with a recommendation that the primary access be through Learning Lane, Livingston Access: The current regulations allow the applicant's proposed access to Livingston Road; however, staff has concerns about that access. Recognizing that the application presented here is conceptual in nature, Transportation Planning staff can agree that the Livingston Road access generally complies with the technical allowances of the Collier County Access Management 1111oliev (CCAMP: Res. 01-247), but Staff does not feel the application is -consistent with the intent of the Tesolutioll, or the Transportation Element Growth Management Plan.. The proposed access connection to Livingston Road (which is defined as a "Class 2; Limited Access Roadway" in the adopted Access Management Policy) is found to be technically feasible (if the connection point is moved to the north where it would' be allowed, based on distance from the Learning Lane intersection), but it will be highly impractical. The impacts presented by a driveway connection at this location are mostly seen at SDP and the accompanying ROW permit. Turn lanes (new or lengthened). operational impacts, and limitations precluding a new median opening from serving this project result in identification of future problems at the SDP stage, opening= of this, County Transportation Staff has endeavored to obtain permission for an access connection to the adjacent "Learning Lane" roadway; an access driveway under the control of the Collier County School District. Conceptual approval from the School District (stated by Tom Eastman) allowing connection to this roadway has been obtained b \T County Staff. This access provision was presented to the applicant'. and Staff requested that the applicant abandon pursuit of direct access to the limited-access Livingston corridor. The request was refused by the applicant on multiple occasions, citing cost requirements from the school district. Staff feels that the cost of direct connection to Livingston is far greater in both known., and unidentified, costs. The proposed primary access to Livingston Road would create the followint-, concerns: I t:. - Grace Romanian Baptist Church of Naples CFPU[), PUDZ-2005-AR-8674 Page 7 of 16 March 17, 2011 CCPC Revised: 3/2111 Packet Page -1997- 5/24/2011 Item 17.A. 1) No left-in or Left -out access will be allowed. This would mean that all traffflic either entering, or exiting this site and travelling in an eventual northbound direction would be required to make a U-turn movement instead of using a signalized access through Learning Lane. 2) Operationally, the southbound (SB) Left-turn pocket at Learning Lane/Livingston Road signalized intersection is not long enough to accommodate significant peak-event loads that are commonly associated with Churches. The SB Left -turn pocket will need extensive expansion. .3) A SB right turn lane will be required regardless of the warrants. The right-of-way (ROW) handbook requires right turn lanes on all median separated roadways. Compensating ROW will also be necessary. 4:1) The nearest [legal*] U-turn north of the site is at Veterans Memorial Parkway, 2.000± feet to the north. Use of this U -turn by northbound (NB) traffic attempting to enter the site will cause traffic to use nearly an additional mile of roadway before reaching the destination. This impact does not support. the ok jective of reducing Vehicle Miles of Travel (wn. *-An interim median opening has been approved for emergency use of the local Fire District on the opposing side of Livingston Road near this location. An emergency-use-on.ly signal may be installed. The median opening will prohibit general public use at all times, because it is not consistent with the County's access management policy for class'-) roadways. Transportation Planning staff continues to encourage the applicant to work with Collier County Public Schools for connection to Learning Lane. Due to traffic circulation, site development costs, environmental impacts, vehicle miles travelled, safety on the public roadway, and use of existing traffic control devices, it is a benefit to both the applicant and travelling public for this site to connect to Learning Lane and utilize an existing signalized intersection vs. creating a new connection to Livingston in a curve that creates site distance hazards and vehicle weave conditions that put the public at risk. Transportation staff offers the following stipulations for consideration by the CCPC: 1. The project shall be limited to a single driveway connection to Livingston Road. That access point shall be located at this prqject's nearest north-easterly location that is not within the preserve area consistent with the County `s Access Management Resolution 01-247; and 2. The owner. successor or assigns shall provide trained and qualified traffic control personnel for peak trajfic events (such as Church services, weddings or any other large event) to monitor and direct traffic entering and exiting the site. If primary access for this site is taken via Learning Lane, then this condition shall not be applicable to intersection signal operations during peak events. Instead the owner shall coor&nate peak hours ol'site operation with the Couniv's Taf is Operations Department to ensure proper timing of the traffic signal; and Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 8 of 16 March 17, 2011 CCPC Revised: 3/2/11 Packet Page -1998- 5/24/2011 Item 17.A. 3. - The I development within this project shall be limited to 132 (unadjusted) total two- wai RXI peak hour trips as determined using the Institute o Traffic Engineer's Report (ITE) 8h edition. For the purposes qf calculation of the weekday PA4 peak hour trip generation for this PUD, the lesser oj'weekday PU peak hour trips as calculated in the ITE Report, titled Trip Generation,' S'h edition or the trip generation as calculated in then current ITE trip Generation Report shall be utilized; and 4. If this project obtains an access connection to Learning Lane at any time, then the drii,",,ay connection serving the proiect at Livingston Road shall be reduced to right in only. The petitioner's agents have not agreed to these stipulations, Zoning Services Review: The Master Plan shows the location of the preserve area, a lake and the church development area. the single-family home site. and the preschool area. Another area is shown as future church expansion and related uses. , parking and an outdoor recreation area. Buffers are shown, as is a potential interconnection to Lemming Lane, Access to the site is shown approximately in the middle of the site's frontage along Livingston Road. The proposed Master Plan shows greater site development detail with lot lines depictions provided. The general configuration of the internal roadway system is also shown as well, FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities. development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location- traffic generation/attraction, etc. The applicant proposes to provide a 50-foot wide front vard setback. a 25-foot-wide side yard setback, and a minimum 15 feet of rear yard setback. Also proposed is a 25-foot-wide distance between structures. Zoned height cannot exceed 50 feet and actual height cannot exceed 60 feet to the top of the roof, except that a cupola. spire or steeple can be a maximum of 72 feet tall. These standards are not in conflict with surrounding allowances for same. As illustrated in the aerial photograph located on page 2 of the staff' report, the surrounding zoning discussion of this staff report., and the Master Plan, the site is bounded on all sides by undeveloped land.. To the north the undeveloped property has a zoning designation I ,,nation of Agricultural; to the east is Livingston Road and then the undeveloped Brandon RPUD; to the South is Learning Lane, then the undeveloped Royal Palm Academy project with a zoning designation of PUD. to the west is undeveloped land that has a zoning designation of Agricultural, then the North Naples Middle School, also with a zoning designation of Agricultural., Staff provided the maximum building heights and dens' rr I densities of the surrounding PUD approved projects in the Surrounding Zoning Information Section of this staff report. Staff is of the opinion that this pro.ject will be compatible with the surrounding neighborhood. PUD Findings: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Grace Romanian Baptist Church of Naples CFPUD, PUDZ,2005-AR-86574 Page 9 of 16 March 17, 2011 CCPC Revised: 312111 Packet Page -1999- 5/24/2011 Item 17.A. CCPC shall make findings as to the PUD Master Plan's compliance with the fallowing criteria" (Staff's responses to these criteria are provided in bold. font): .l. The suitability of the area for the type and pattern of development proposed in relation to phvsical characteristics cif the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Staff has reviewed the proposed rezone and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant provide adequate assurances that the proposed change will not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability elf' any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of'such areas and facilities that are not to be provided or maintained at public expense. .Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or site development approval. Both processes will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals., objectives, and policies of the Growth Alanagement Plan (GMP). County/ staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GIMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP only if the stipulations proposed by Transportation Planning staff are adopted. 4. The internal and external compatibility of proposed uses, which conditions mats include restrictions on location 4?f improvements, restrictions on design. and buffering and screening requirements. Staff has provided a review of the proposed uses and believes that the project will be compatible with the surrounding area. 5. The adequac3, of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. b. The timing or sequence frf development 1br the purpose of assuring the adequael of available improvements and.facilities, both public and private. Grace Romanian Baptist Church of Naples CFPUD, PUDZ- 2005 -AR -8674 Page 10 of 16 March 17, 2011 CCPC Revised: 3/2111 Packet Page -2000- 5/24/2011 Item 17.A. Currently, the roadway infrastructure has adequate capacity to serve the Proposed project at this time. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. However, Transportation staff has voiced concerns about the impacts this project might have upon the traffic on Livingston Road and has proposed stipulations to address traffic concerns. ^7 The abililY, qfthe subject propert• and (?I'surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity (with the limitation noted above), wastewater disposal system, 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 be addressed when development approvals are sought. N. Conformity! with N,D regulations, or as to desirable modifications ofsuch regulations in the particular case, based on determination that such modfflications are 'just iPied as meeting public purposes to a degree at least equivalent to literal application qfsuch regulations. The petitioner is not seeking any deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06A). Therefore, an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district is not required. Rezone Findings: LDCSubsection 10, 03. 0.5.1, states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (Staff's responses to these criteria are provided in bold font): f 1. TThether the proposed change will be consistent with the goals. objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed changes. Staff is of the opinion that the project as proposed is consistent with the CCME. Staff also believes the petition is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development; however, the petition is not consistent with other FLUE policies as discussed on page four of this staff report. Therefore, staff recommends that this petition he deemed inconsistent with the FLUE of the GMP unless the stipulations proposed by Transportation Planning are adopted. Transportation Planning staff has reservations about the project's potential impact upon traffic circulations and has offered stipulations to address the Transportation issues. Staff believes the petition can be deemed consistent with all elements of the GMP only if the stipulations are included in any recommendation of approval. 2. The existing land u.se pattern: Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 11 of 16 March 17, 2011 CCPC Revised: 3121I I Packet Page -2001- 5/24/2011 Item 17.A. Staff believes the proposed rezone is appropriate given the existing land use pattern. I The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD rezone would not create an isolated zoning district because lands to the east and south are also zoned PUD. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn, bringing the agriculturally zoned land within the FLUE Urban Mixed Use District into a more urban zoning district. 5. /Whether changed or changing conditions make the passage ref the proposed rezoning necessary. The proposed rezone is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such the rezone to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without rezoning, the agriculturally, zoned tracts could not be developed with the proposed uses or with the proposed property, development regulations. 6 Whether the proposed change will adversely influence living conditions in the -- neighborhood; Staff is of the opinion that if the stipulations being requested by staff are adopted, then the proposed rezone should not adversely impact living conditions in the area. ?, Whether the proposed change will create or excessively increase traffic congestion or create types e?f traffic deemed incompatible with .surrounding land uses, because Qf peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safe, ty. The roadway infrastructure has adequate capacity to serve the proposed project at this time. However Transportation Planning staff has reservations about the project's potential impact upon traffic circulations and has offered stipulations to address the Transportation issues. Staff believes the petition can be deemed consistent with all elements of the GMP only if the stipulations are included in any recommendation of approval. & Whether the proposed change will create a drainage problem; The proposed rezone should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. Additionally, the LDC and GMP have other Grace Romanian Baptist Church of Naples CFPUD, PUDZ - 2006 -AR -8674 Page 12 of 16 March 17, 2011 CCPC Revised: 3/2/11 Packet Page -2002- 5/24/2011 Item 17.A. specific regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas: If this petition were approved, any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. This project's property development regulations do not indicate that exceedingly tall structures would be included in the project; therefore, the project should not significantly reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property' values in the adjacent area; This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11, Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Ifhether the proposed change will constitute a grant of special privilege to an individual owner~ as contrasting with the public wet fare; The proposed rezone does not constitute a grant of special privilege. 13. J nether there are substantial reasons wkv the property cannot be used in accordance with existing zoning; The property currently has a zoning designation of Rural Agricultural. The tract could be developed within the parameters of that zoning designation; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needy of the neighborhood or the C: ounty; The petitioner proposes to develop primarily church /place of worship and preschool uses and has proposed property development regulations to allow establishment of those uses. The GMP is a policy statement, which has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout the urban - designated areas of Collier County. Grace Romanian Baptist Church of Naples CFPUD. PUDZ- 2005 -AR -8674 Page 13 of 16 March 17. 2011 CCPC Revised: 3/2/11 Packet Page -2003- 5/24/2011 Item 17.A. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community if the Transportation Planning staff stipulations are adopted. 15. Whether is it impossible to find other adequate sites in the County.for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a particular zoning petition. IG. The physical characteristics of the property and the degree r?f site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require considerable site alteration and this project would undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17 The impact of development on the availability of adequate public facilities and services consistent with the levels o service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCQ shall deem important in the protection of the public health. safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM meeting was duly noticed by the applicant and held October 4, 2010 at 5:30 p.m. at the North Naples Middle School. Mr. Arnold, agent for the applicant, opened the meeting at 5:45 p.m. In attendance was Kay Deselem representing Collier County, Richard D. Yovanovich, Esq. attorney for the applicant and Adrian Roman representative for the applicant. Romanian Baptist Church of Naples, Inc. At the time the meeting began, one adjacent property owner was in attendance, Mr. Franl� Pitt. A sign -in sheet was provided at the entrance of the meeting room Grace Romanian Baptist Church of Naples CFPUD, PUDZ- 2005 -AR -8674 Page 14 of 16 March 17, 2011 CCPC Revised: 3/2111 Packet Page -2004- 5/24/2011 Item 17.A. and Mr, Pitt signed in. Aerial photographs of the site and surrounding area, and a copy of the conceptual site plan were displayed. Mr. Pitt requested business cards from all of the representatives. which were provided to him. Mr. Arnold gave a brief explanation of the rezone application. ' Z:� . project location, and description of the proposed uses. Due to the size of the meeting, it was keep informal and Mr. Arnold and Mr. Yovanovicb discussed the project with Mr. Pitt answering questions regarding access, proposed uses, size of development and. surrounding compatibility, Mr. Arnold invited Mr. Pitt to contact him or Ms. Deselem with further questions or if he would like copies of any document that had been submitted with the application. The meeting was adjourned at approximately 6:05 p.m. [submitted by the petitioner's agent] COUNTV ATTORNEY OFFICE REVIEW: The Count-v, Attorney Office has reviewed the staff report for this petition on February 25. 2011. RECOMMENDATION: Zonin- and Land Development Review Services staff recommends that the Collier County Planning Commission forward Petition PUDZ-2005-AR-8674 to the BCC with a recommendation of approval if the following Transportation Stipulations are added to the PUD document. 1. The project shall be limited to a single drivewa 'V connection to Livingston Road That access point shall be located ai this project's nearest north - easterly .y that is not within the preserve area consistent with the Counts Access Ala'nagement Resolution 01-2-4'7.- and 2. The owner, successor or assigns shall provide trained and qualified traffic control personnel for peak traffic events (such as Church services, weddings or anv other large event) to monitor and direct traffic entering and exiting the site. ff,primary access for this site is taken via Learning Lane, then this condition shall not be applicable to intersection signal operations during, peak events. Instead, the owner shall coordinate peak hours of site operation with the County's Traffic Operations Department to ensure proper timing of the traffic signal,- and 3. The development within this project shall be limited to 132 (unadjusted) total t'K"o- wqv PAI peak hour trips as determined using IT1--' 8"' edition. For the purposes of calculation of the weekday PTV peak hour trip generafionffir this P(.,,D, the lesser of' weekdajo I-Wpeak hour trips as calculated in the ITE Report, titled Trip Generation, e edition or the trip generation as calculated in then current ITE trip Generation Report shall be utilized,- and 4. If this pi-qject obtains an access connection to Learning Lane at ant, time, then the drivevvaY connection serving the prqlect at Livingston Road shall be reduced to right in only. Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 Page 15 of 16 March 17, 2011 CCPC Revised: 312111 Packet Page -2005- PREPARED BY: hu, jafDr--SELEM, AICP, PRINCIPAL PLANNER DEPAI2TMENTOF LAND DEVELOPMENT SERVICES REVIEWED BY: RAYMONO V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES WILLIAM D. LORtNZ, JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALANGUIDA, DEPUTtADMINISTRATOR GROWTH MANAGEMENT DIVISION 5/24/2011 Item 17.A. DATE DATE DATE Tentatively scheduled for the May 24. 2011 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P", STRAIN, CHAIRMAN DATE Grace Romanian Baptist Church of Naples CFPUD, PUDZ-2005-AR-8674 March 17, 2011 CCPC Revised 2122/11 Packet Page -2006- Page 16 of 16 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CoMer County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICATION FOR PUBLIC HEARING FOR: ❑ AMENDMENT TO PUD (PUDA) ❑ PUD REZONE (PUDZ) ❑ PUD TO PUD REZONE (PUDZ.A) PETITION NO PUDZ- 2005 -AR -8674 REV: 7 GRACE ROMANIAN BAPTIST PROJECT NAME CHURCH OF NAPLES CFPUD DATE PROCESSED Project: 2005060054 Date: 8/25/10 DUE: 9/23/10 APPLICANT INFORMATION NAME OF APPLICANT(S) GRACE ROMANIAN BAPTIST CHURCH OF NAPLES INC. ADDRESS 3000 ORANGE BLOSSOM DRIVE MODULAR #4 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239.455.2022 CELL # FAX # E —MAIL ADDRESS: EMIADI@IUNO.COM NAME OF AGENT D. WAYNE ARNOLD O GRADY MINOR AND ASSOCIATES P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FL ZIP 34134 TELEPHONE # 239.947.1 144 CELL # FAX # 239.947.0375 E —MAIL ADDRESS: WARN OLD @GRADYMINOR COM NAME OF AGENT RICHARD D. YOVANOVICH ESQ., COLEMAN YOVANOVICH & KOESTER P.A. ADDRESS 4001 TAMIAMI TRAIL N. SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239.435.3535 CELL # FAX # 239.435.1218 E —MAIL ADDRESS: RYOVANOVICH @CYKLAWFIRM COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Revised May2010 Packet Page -2007- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION �.,rr CO T County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http: / /www colliergov.net /index.aspx ?page =774 NAME OF HOMEOWNER ASSOCIATION: N/A MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Revised May2010 Packet Page -2008- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION ra] Co er County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). C If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Ow% of of Grace Romanian Baptist Church of Naples, Inc. 100% Pastor Dumitru Sabau, President / Director Alexandru Brisc, Vice President / Director Adrian Roman, secretary/ Director Mihai Simut, Treasurer Pastor Titus Met, Vice President/ Director If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Revised May20 ] 0 Packet Page -2009- .� Cox�nty 5/24/2011 Item 17.A. Co er COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE - GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. % of Name and Address Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. % of Name and Address Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Revised May2010 Name and Address Packet Page -2010- Co er County 5/24/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieroov.net g. Date subject property acquired ® March 2010 !eased n T r f l e- 'lr lmr)r �, . .,, If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. ;. TROPERTY`I, ,Y 4CATiON. Detailed legal description of the property covered by the application (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 " to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 13 / 48S / 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00150760009 00150040004 AND 00151440001 Metes & Bounds Description: A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13. TOWNSHIP 48 SOUTH RANGE 25 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS• PARCEL1 ALL OF THE NORTH 112 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF THE NORTHWEST 114 OF SECTION 13 TOWNSHIP 48 SOUTH RANGE 25 EAST. COLLIER COUNTY FLORIDA. TOGETHER WITH: PARCEL 2 ALL OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 13 TOWNSHIP 48 SOUTH RANGE 25 EAST COLLIER COUNTY. FLORIDA. Revised May2010 Packet Page -2011- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION TOGETHER WITH: 5/24/2011 Item 17.A. Co` AY County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PARCEL 3 A PORTION OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY FLORIDA LYING SOUTHWESTERLY OF THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2619 Size of property: ft. X ft. = Total Sq. Ft. Acres 12± Address /general location of subiect property: The subject property is located on the northwest quadrant of Livingston Road and Leaming Lane approximately one mile north of Immokalee Road. PUD District (LDC 2.03.06): ❑ kesidential ® Community Facilities ❑ Commercial ❑ Industrial Revised May2010 Packet Page -2012- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION � �a Coe- County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net I ADJACENT ZONING AND LAND USE Zoning Land Use Vacant UD RW Royal Palm Academy PUD, Residential and school Vacant and Livingston Road ROW Vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range / / — Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: This application is requesting a rezone from the A, AGRICULTURE zoning district(s) to the GRACE ROMANIAN BAPTIST CHURCH OF NAPLES COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) zoning district(s). Present Use of the Property: VACANT Proposed Use (or range of uses) of the property: CHURCH (HOUSE OF WORSHIP) PRE- SCHOOL Original PUD Name: Ordinance No.: Revised May2010 Packet Page -2013- 5/24/2011 Item 17.A. co ler county 11 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net F__ EVALUATION CRITERIA I Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) The Grace Romanian Baptist Church of Naples Community Facilities Planned Unit Development (CFPUD) proposes a 500 member church and 150 student pre - school on 12.2± acres. The property lies just north of the future campus of the Royal Palm International Academy. Access to the project is from Livingston Road. The CFPUD master plan indicates the proposed communities facilities development area, preserve area, and location of the proposed water management lake. l . The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property is located in the Urban Mixed Use Residential Sub - district on the Future Land Use Map, which permits churches and pre - schools. Immediate surrounding properties include property approved for the Royal Palm International Academy, and a townhome residential component of the project known a Milano. All contiguous properties are designated for urban levels of development. The site has access to the newly extended Livingston Road corridor, and has existing urban services available at the property. The site has been altered from Livingston Road improvements and exotic vegetation infestation. The application materials provide an analysis of water, sewer, traffic and drainage and note no anticipated level of service issues as a result of the Grace Romanian Baptist Church of Naples CFPUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Revised May20 ] 0 Packet Page -2014- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co)r Count 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net The documents submitted with the application provide evidence of unified control. The CFPUD document includes standard language which addresses the continued operation and maintenance of common areas with the CFPUD. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. (This is to include identifying what Sub - district, policy or other provision allows the requested uses /density, and fully explaining /addressing all criteria or conditions of that Sub- district, policy or other provision.) The property is located in the Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. The Future Land Use Element of the Growth Management Plan permits a variety of land uses in this land use category, including child care centers and community facilities such as churches. One dwelling unit is proposed in the proposed PUD to serve as a residence for the church minister. The single dwelling unit on the 12+ acre property is within the density permissible under the Urban land use designation. The proposed PUD does provide an interconnection to the internal driveway network to the adjacent local roadway and neighborhood, consistent with Policy 7.3 of the Future Land Use Element. This interconnection will provide project access to both a County arterial roadway, and local road which is designed to serve the surrounding neighborhood. A preserve area of native vegetation has been designated on the conceptual PUD master plan. The size and location of the preservation area is consistent with Policy 6.1.1 of the Conservation and Coastal Management Element. Approximately 15% of the native vegetation which exists on site will be retained. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed community facilities development is compatible with the surrounding land use pattern. The internal arrangement of the proposed project, access points and project buffers are consistent with the Land Development Code and sound planning principles with respect to urban infill development. It is anticipated that the presently vacant properties lying immediately west and north of the subject property will be developed with residential development. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Rmised May20I Packet Page -2015- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 5/24/2011 Item 17.A. Cor County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net The Grace Romanian Baptist Church of Naples CFPUD will provide open space areas which meet or exceed the Land Development Code requirements for this type of land use. Open spaces provided for this project will include native vegetation preserves, water management areas, yards and other open space uses which are compatible with the proposed land use. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed timing of development will be required to be consistent with the County's concurrency management system in effect at the time development order approvals are granted. At the time of application, there are no known deficiencies of the surrounding infrastructure system. 7. The ability of the subject property and of surrounding areas to accommodate expansion. At the filing date of the zoning application there are no plans to expand the boundaries of the proposed Grace Romanian Baptist Church of Naples CFPUD, although there are vacant agricultural lands adjacent to the property. The application includes all properties under the unified control of the applicant. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed CFPUD includes development standards and conditions which are consistent with other similar types of community facilities planned developments which have been constructed in the urban area of Collier County. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. Revised May2010 Packet Page -2016- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION) PLANNING AND REGULATION Co);�-r County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net NOTICE: This application will be considered `open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning fora period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency ". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Revised May2010 Packet Page -2017- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 5/24/2011 Item 17.A. COST County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUD AMENDMENT (PUDA) - PUD REZONE (PUDZ) - PUD to PUD REZONE (PUDZ -A) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRE i Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) Copies of detailed description of why amendment is necessary ❑ ❑ 2 Completed Application with list of Permitted Uses; Development Standards Table; List of proposed deviations from the LDC (if any); List of Developer Commitments and Statement of Compliance narrative (download application from web for current form) ❑ ® ❑ PUD Conceptual Master Site Plan 24" x 36" and One 8 %2" x 1 1 " copy El ❑ Revised Conceptual Master Site Plan 24" x 36 "and One 8 %i' x 11" copy ❑ ❑ Original PUD doc /ord and Master Plan 24" x 36" - ONLY IF AMENDING THE PUD ❑ ❑ Revised PUD application with changes crossed thru & underlined ❑ ❑ Revised PUD application w /amended Title page w /ord #'s, LDC 10.02.13.A.2 ❑ ❑ ❑ justification /Rationale for the Deviations (must be on a separate sheet within the application material; please DO NOT include it in the PUD documents) ❑ ® ❑ - Deeds /Legal's & Survey (if boundary of original PUD is amended) 3 ® ❑ List identifying Owner & all parties of corporation 2 ® ❑ Owner /Affidavit signed & notarized 2 ® ❑ Covenant of Unified Control 2 ® ❑ Completed Addressing checklist 2 ® ❑ Environmental Impact Statement (EIS) and digital/ electronic copy of EIS or exemption justification 4 ® ❑ Historical Survey or waiver request 4 ® ❑ Utility Provisions Statement w /sketches 4 ® ❑ Architectural rendering of proposed structures 4 ❑ Survey, signed & sealed 4 ® ❑ Traffic impact Statement (TIS) with applicable fees. For TIS guidelines & procedures refer to http : / /www.colliergov.net/Index.aMx ?page =566 7 ® ❑ Recent Aerial Photograph (with habitat areas defined) min scaled 1" =400' 5 ® ❑ Electronic copy of all documents in Word format and plans (CDRom or Diskette) 2 Copy of Official Interpretation and /or Zoning Verification 1 ❑ If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerryj. Lacavera, State of Florida Division of Forestry @ 239 - 690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. ---------------- - - - - -- ---------- - - - - -- Applicant /Agent Signatu� Date Revised May2010 Packet Page -2018- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION C0*87 County AFFIDAVIT 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252.6358 www.colliergay.net We /I, Grace Romanian Baptist Church of Naples Inc being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all .required information has been submitted As property owner We /I further authorize 0. Grady Minor and Associates P A and Coleman, Yovanovich, and Koester P.A.— to act as our /my representative in any tters regarding this Petition. Signature of Property Owner Adrian Roman Secretary; Grace Romanian Baptist Church of Naples, Inc. The foregoing instrument was acknowledged before me this 4th day of October, 2010, by Adrian Roman, Secretary who is personally known to me or has piedueed State of Florida County of Collier Revised Mety2010 (SI%nat.u.r'e of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -2019- Fine tee' R „1 Bbnded E PIEiero R��34 Tfn N December 4, 2013 °�i WWic Undenr�y� Revised Mety2010 (SI%nat.u.r'e of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -2019- 5/24/2011 Item 17.A. CAD )r Cmnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6368 www.collieraov.net COVENANT OF UNIMED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Folio Numbers 00150040004, 00150760009 and 00151440001, 16191 Livingston Road, Naples, FL 34110 and legally described in Exhibit A attached hereto. The property .described herein is the subject of an application for community facilities planned unit development (CF'PUD) zoning,. We hereby designate Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A., legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the:property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided -for in the .planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner Adrian Roman Secretary, Grace Romanian Baptist Church of Naples, Inc. STATE OF Florida ) COUNTY OF Collier ) Sworn to•(or affirmed) and subscribed before me this 4th day of October, 2010 by Adrian Rordan. Sege who ispersonalkv known to me F. •.; SHARON UMPENHOUR No is x+ MYCOMMMIONODD83M EXPIRES: December 4,2013 (Name typed, printed or stamped) Revised May2010 . +}� o c gmdyd thru Notary Public Urdw*11ers Packet Page -2020- 5/24/2011 Item 17.A. EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 ALL OF THE NORTH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2619, PAGE 188, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH: PARCEL 2 ALL OF THE SOUTH 112 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. TOGETHER WITH: PARCEL 3 A PORTION OF THE SOUTH 112 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHWESTERLY OF THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2615 AT PAGE 2828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAME BEING THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3848 AT PAGE 2208 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88 °57'29 "E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 417.42 FEET TO A POINT ON THE WESTERLY RIGHT - OF -WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT -OF -WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.42 °13'34 "E. A DISTANCE OF 2047,36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12 025'05 ", SUBTENDED BY A CHORD OF 442.88 FEET AT A BEARING OF N.41 °33'54 "W., FOR A DISTANCE OF 443.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.88 °58'45" W. ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 124.44 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.00 °09'12 "E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.74 FEET TO THE POINT OF BEGINNING, Packet Page -2021- 'Grace' Romanian Baptist lurch of Naples. Inc. °A place where God is worshiped awd praised' To Whom It May Concern: 5/24/2011 Item 17.A. September 15, 2010 This letter is to testify that Mr. Adrian Roman is the Secretary of "Grace" Romanian Baptist Church of Naples, Inc. Also, the above named church, has appointed Mr. Titus Mihet and Mr. Adrian Roman to engage in all matters that are related to develop the church's property located on Livingston Road, Naples Florida. This action took place in accordance with GRBCN's By -Laws, through a majority vote at a special meeting/election held on February 7, 2010, where a quorum was present and all other statutory requirements were satisfied. Accordingly, Mr. Titus Mihet and Mr. Adrian Roman have full authority to enter into binding legal agreements on behalf of GRBCN in any connection regarding this real estate development. If more information is needed, please feel free to contact us anytime. President Senior Pastor Dumitru Sabau Tresurer 3000 Di:tnge Blossom Dr. Suite MOduhr# 4, Naples FL 34909, Ph. (239) 595 -8323, Fix (239) 455 -2022 Packet Page -2022- 5/24/2011 Item 17 A 2010 NOT - FOR - PROFIT CORPORATION ANNUAL REPORT FILtu DOCUMENT# N04000010307 Apr fSt Secretarry of Sty ate Entity Name: "GRACE" ROMANIAN BAPTIST CHURCH OF NAPLES, INC. Current Principal Place of Business: 3000 ORANGE BLOSSOM DRIVE MODULAR #4 NAPLES, FL 34109 Current Mailing Address: 3000 ORANGE BLOSSOM DRIVE MODULAR #4 NAPLES, FL 34109 FEI Number. 65- 1099324 FEI Number Applied For( ) Name and Address of Current Registered Agent: SABAU, DUMITRU PASTOR 4664 GOLDEN GATE PARKWAY NAPLES, FL 34116 US New Principal Place of Business: New Mailing Address: FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Fiohda. SIGNATURE: tiectronic �.-iIgnature of Negistered Agent OFFICERS AND DIRECTORS: Title: P/D Name: SABAU, DUMITRU PASTOR Address: 4664 GOLDEN GATE PARKWAY City-St-Zip: NAPLES, FL 34116 US Title: V/D Name: BRISC, ALEXANDRU MR. Address: 2115 ISLA DE PALMA CIRCLE City -St -ZIP: NAPLES, FL 34119 US Title: SID Name: ROMAN, ADRIAN MR. Address: 1090 31 ST SW City -St -Zip: NAPLES, FL 34117 US Title: T Name: SIMUT, MIHAI MR. Address: 2821 TROPICANA BLV., APT. A City -St -Zip: NAPLES, FL 34116 US Title: WD Name: MIHET, TITUS PASTOR Address: 19556 MADDELENA CIRCLE City -St -Zip: FORT MYERS,FL 33912 US Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: DUMITRU SABAU MR. 04119/2010 Electronic Signature of Signing Officer or Director Date Packet Page -2023- www.sunbiz.org - Department of State 5/24/2011 Item 17.A. Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Non Profit Corporation "GRACE" ROMANIAN BAPTIST CHURCH OF NAPLES, INC. Filing Information Document Number N04000010307 FEI /EIN Number 651099324 Date Filed 10/29/2004 State FL Status ACTIVE Principal Address 3000 ORANGE BLOSSOM DRIVE MODULAR #4 NAPLES FL 34109 Changed 05/29/2009 Mailing Address 3000 ORANGE BLOSSOM DRIVE MODULAR #4 NAPLES FL 34109 Changed 05/2912009 Registered Agent Name & Address SABAU, DUMITRU PASTOR 4664 GOLDEN GATE PARKWAY NAPLES FL 34116 US Name Changed: 04/13/2006 Officer /Director Detail Name & Address Title P/D SABAU, DUMITRU PASTOR 4664 GOLDEN GATE PARKWAY NAPLES FL 34116 US Title V/D BRISC, ALEXANDRU MR. 2115 ISLA DE PALMA CIRCLE NAPLES FL 34119 US Title S/D ROMAN, ADRIAN MR. Entity Name Search http: / /www. sunbiz.org/scripts /cordet.exe? action= DETFIL &inq_doc_ number= N040000103 ... 9/30/2010 Packet Page -2024- www.sunbiz.org - Department of State 5/24/2011 Item 17.A. 1090 31 ST SW NAPLES FL 34117 US Title T SIMUT, MIHAI MR. 2821 TROPICANA BLV., APT. A NAPLES FL 34116 US Tide V/D MIHET, TITUS PASTOR 19655 MADDELENA CIRCLE FORT MYERS FL 33912 US Annual Reports Report Year Filed Date 2008 04/30/2008 2009 05/29/2009 2010 04/19/2010 Document Images 04/19/2010 -- ANNUAL REPORT 05/29/2009 — ANNUAL REPORT ,r,._; ,' t113gepflRog� 04/30/2008 — ANNUAL REPORT 04/24/2007 — ANNUAL REPORT± ®ail +r fa 04/13/2006 — ANNUAL REPORT 04105/2005 — ANNUAL REPORT ma 10/29/2004 -- Domestic Non -Profit Note: This is not official record. See documents if question or conflict. Previous on List . Next on List Return To List Entity Name Search I No Events No Name History v . Home I Contact us I Document Searches I E- Filing Services I Forms I Help Copyright z✓ and Privacy Policies State of Florida, Department of State http:// www .sunbiz- orglscriptsleordet.exe? action--DETFIL &inq_dOc_number= NO40000103... 9/30/2010 Packet Page -2025- etails of 1 hq:// www.collierappraiser.coni�Recoi 5/24/2011 Item 17.A. Property Record Sketches Trim Notices _-- e Current Ownership Date Book - Page Amount Parcei No. 00150040004 - - -] �_ Property Address; 16191 LNINGSTON RD - 0312010 4544.563 Owner Name GRACE ROMANIAN BAPTIST CHURCH 14 Addresses OF NAPLES INC ( =) Just Value $ 301,500.00 - -_ l 5 3000 ORANGE BLOSSOM DR 1 $ 0.00 fi - —_ -- � MODULAR #4 _— J_ (_) Assessed Value ti _ _ City NAPLES, State FL21pg 34109 - D $ 40,200.00 ( -) Homestead and other ExemptVaiue $ 0.00 1 1212000 2751-642 $ 0.00 F I Legal 13 48 25 S112 OF SW114 OF $ 0.00 {_) School Taxable Value (Used for School Taxes) S 301,50040 I SW114 OF NE19 LESS LIVINGSTON RD DESC IN OR 2615 PG 2830 — i I i LESS THAT PART LYING NELY OF 'For more then four lines of Legal Description please call the Property Appraiser's Office. Section Township Range Acres Map No. Strap No. I 13 48 25 2.01 3A13 482513 034.0003A13 i Sub No. 100 �I 1 ACREAGE HEADER Mail Area ` 8Ni0ape Total School ilsn Cede 99 NON AGRICULTURAL ACREAGE 150 6.1133 11 3523 L 5.239 2009 Final Tax Roll Latest Sales History (Subject to Change) If all Values shown belowequal D this Darcel was created after the Final Tax Roll Land Value $ 301,500.00 Date Book - Page Amount ( +) Improved Value 1 $ 0.00 0312010 4544.563 $ 290,000.00 ( =) Just Value $ 301,500.00 0712005 3848-2208 $ 0.00 ( -) SOH Exempt Value & Other Exemptions $ 0.00 0312005 3748-2118 $ 4007000.00 (_) Assessed Value $ 301,500.00 0112001 2765 -2369 $ 40,200.00 ( -) Homestead and other ExemptVaiue $ 0.00 1 1212000 2751-642 $ 0.00 (_) Taxable Value $ 301,500.00 1 0811988 1376-1941 $ 0.00 {_) School Taxable Value (Used for School Taxes) S 301,50040 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weeky. Packet Page -2026- 7/7/2010 9:42 AM tails f1 http:// www.collierappraiser.convRecord 5/24/2011 Item 17.A. P rtY Sketches Trim Notices Pro a Record n� Current Ownership Parcel NO D0t50760009 Property Add s-, NO SITE ADDRESS — — - - -- - -- J' - - --- - - -- - " - -- — - - - - - -- -- - -- Owner Name GRACE ROMANIAN BAPTIST CHURCH Addresses OF NAPLES INC - -� r 300D ORANGE BLOSSOM DR _ MODULAR i14 -�— — - - - - -.. I City( NAPLES D Stated FL p; Zip! 34109.0 13 48 25 N112 OF SE7 /4 OF SE114 OF NW114 LESS LIVINGSTON RD DESC IN OR 2619 PG 190 ORDER OF TAKING CASE # 99 -3040 For more than four lines of Legal Descr call the Property Appraiser's Office. Section Town ;hi Range Acres Ma No. r - _ P 9 � P 3 Strap No. I 13 48 �L 25 �L 4.89 3A13 1 482513 052.0003A13 -ft se No. 100 {ACREAGE HEADER � � Millage Area `' __ill age ; Total School -ftse Code 99 NON- AGRICULTURAL ACREAGE 150 a 6.1133 11.3523 �' 5.239 2009 Final Tax Roll (Subject to Change) Hall Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $916,875.00 Date Book -Page Amount ( +) Improved Value 1 $ 0.00 0312010 4544-561 $ 110,000.00 ( =) Just Value $ 916,875.00 12/2009 4524-2897 $ 100,000.00 ( -) SOH Exempt Value & Other Exemptions $ 0.01) OS 12Q04 3566-2206 $ 0.00 (_) Assessed Value $ 916,875.00 04/2003 3266.736 $ 454,000.00 ( -) Homestead and other Exempt Value $ 0.00 0411987 1260-1577 $ 34,000.00 (_) Taxable Value $ 916,875.00 (_) School Taxable Value (Used for School Taxes) L S 916,875.00 SOH = -Save Our homes' exempt value due to cap on assessment increases. The Information is Updated Weekly. Packet Page -2027- 7/7/2010 9:44 AM etails f1 http:/ /www.colIierappraiser.com/Recor 5/24/2011 Item 17.A. Property Record Sketches 1' Trim Notices I Current Ownership - -- — _ ParcW 100151440DOI g Property Adtlress i NO SITE ADDRESS - -- -- - - - - -- — - - -r - - -- —ro — -- — ..- - -.... -- —.. _....__...— — - - -- - - -- -- — Owner Name' GRACE ROMANIAN BAPTIST CHURCH Addressesl OF NAPLES INC 3000 ORANGE BLOSSOM DR MODULAR #4 I r•.tw)INePI_es c StatellFL R LDI +34109.0 Legal 13 48 25 5712 OF SE1/4 OF _ -- +--- - -+ - -- - -- - -_ — SE1140FNW114 _I l�Section Towns hip (_ Range j Acres 9 Map No j Strap No. 4 3A13 j 482613 068.000A13 — Sub No.. I 100 i ACREAGE HEADER "t Millage Areal '' Vlillage Total 11 School Use Coda 99 NON-AGRICULTURAL ACREAGE k 150 I 6.1133 11.3523 5.239 2009 Final Tax Roll (Subject to Change) If all Values sliown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 750,000.00 Date Book - Page Amount ( +) Improved Value $ 0.00 0312010 4644.561 $110,000.00 ( =) Just Value $ 750,000.00 1212009 4524 -2897 $100,000.00 { -) SOH Exempt Value & Other Exemptions $ 0.00 0512004 3566 -2206 $ 0.00 (= )Assessed Value $760,000.00 0112004 3488 -2703 $350,000.00 ( -} Homestead and other Exempt Value $ 0.00 0612003 3305-1165 $ 0.00 (_) Taxable Value $ 750,000.00 (_) School Taxable Value (Used tor School Taxes) $ 750,000.00 SOH = -Saw Our Homes- exempt value oue to cap on assessment increases. The Information is Updated Weekly. Packet Page -2028- 7/7/2010 9:45 AM 5/24/2011 Item 17.A. INSTR 4403178 OR 4544 PG 563 RECORDED 3/9/2010 12:20 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $2,030.00 REC $27.00 INDX $1.00 CONS $290,000.00 $P7 This Instrument Prepared By: Richard D. Lyons, Esq. Lyons & Lyons, P.A. Dublin House Professional Suites 27911 Crown Lake Boulevard, Suite 201 Bonita Springs, Florida 34134 (239) 948 -1823 Space Above This Line Reserved for Recording Information WARRANTY DEED 1JtA&1- THIS INDENTURE, made this � day of FebmaFf-_, 20I0, between VIRGINIA ANNE DEVISSE (a/k/a VIRGINIA_9EVISW-ndd VIRGINIA HILTON), JOINED BY HER SPOUSE, DAVID H. Naples, FL 34119, NAPLES, INC., a Florida Blossom Drive, Modular #! That the Grantor, for and in to , "GRACE" ROM IA� on r tion hose p st q I, p es, 1 , WITNESS -o� ration of the sum of �ttad`N or him paid by the Grantee, the re and sold to the Grantee, her or his heirs in County, Florida, to -wit: is 5610 Bur Oaks Lane, BAPTIST CHURCH OF address is 3000 Orange 00 Dollars ($10.00), to her y�l ' e'knowledged, has granted, bargained orever, the following described land, situate DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEROF (Property I.D. Number: 00150040004). And the Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever subject to the following: 1. Ad valorem property taxes for the year of closing and subsequent years; 2. Zoning, building code and other use restrictions imposed by governmental authority; WARRANTY DEED Page 1 of PUDZ- 2005 -AR -8674 REV: 7 GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD:J Project: 2005060054 Date: 8/25/10 DDUE: 9/23/10 Packet Page -2029- OR 4544 PG 564 3. Outstanding oil, gas and mineral interests of record; and 4. Restrictions, reservations and easements common to the subdivision. 5/24/2011 Item 17.A. IN WITNESS WHEREOF, the Grantor has hereunto set his or her hand and seal the day and year first above written. Signed, sealed and delivered (SEAL) Js=WCwv*3bnMM245i Fbft rP 2451 Ar WARRANTY DEED Page 2of3 Packet Page -2030- (Printed Name of Notary Public) * ** OR 4544 PG 565 * ** Exhibit "All 5/24/2011 Item 17.A. A PARCEL OF LANP LOCATED IN THE NORTHEAST WARTER OF; SECTIIAI4 t3i' TAR7f�i:1 IP 4667 SOUTH. ESRtB� RANGE E�5 EAST, OMTE'R. BOUNTY. '6LORIDAP BEING- MORE g�i�a��y AT WE SOU7FMS1' 'CORNER OF TKi: NOR?fIEAST 6UART� 'OF -58t 06k 't3, invM uiP 4$ SOI1Tid. WOE 25 EAST, CDWER COUKTY,- Ft0 tlD#w iE{F.rICK RUIN N.99371290E. ALONG THE SDUTH LINE OF THE NORTHEAST OVARTER.OF SECTioN T3, FOft A DISTMCt: OF 417.42 FEET TO A POINT 014 THE WESTVtL•Y RIGHT -CF -WAY LW4E OF LIVINGSTON ROAD, A 275.-DO FOOT RI04i' -OFs AY. 7K SAME BEING A POINT ON A CRL'TlI K M)RM CONCAVE - N•ORTHFASiER01, WHOM RADIUS POINT BEARS N,42'14'WE. A DISTANCE OF 204y:36 FEET T l;FM* -, THENCE RUN NGRTHWEMRLY, ALONG SAID MCHT :OF -Wr UM ANp ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAMNG A RADIUS OF'2047.39 •FEET. THROUGH A CENTRAL ANI:LE b' 1275b5', suS'iENDEO R* "A' CHORD OF 447.Sa FEET AT A SEARING OF 11411U64' FOR A Dlsumce OF - 443.75 FELT•'7 *.A POINT:ON THE. NTH UNk OF 7HE $W HYAMT QUAR72R OF THE'SOUTHWEST QUAR AFET€R Of"SAID `eftON •X,1; THENtlZ RUN S.SM55' G Tn. OF - *E- kkM -MALF OF. TNE- SOUTNWl+ r OUARTF.Ft SOUTHWEST QU TFdE NC 79EW CUARM OF SND SECTION = A- DiSTMCE OF 124. TO A PAINT. CW THE WEST LINE OF THE NCR ERR-- SE N :' iF{fiHCE Rug 5:00' 09'12"�. ALONG F U E NO ITH EA 0 ARTER OF SAIM S=ON 13..FCR A DISTAN E CONTAINING 2.OT 3 ACRES. Packet Page -2031- Y sn n B €€ N p aI alit' k' sE qygp'}N gg; gg _ `e g bX k'bt , � ilk t'pll H �g< bib s Ytl p t a'_yx� t bYstvepb �k. c ' .g$`2 ` p p y�8 Eg R_ �gpMg IN � lit 51 ib � I lb � i o- 1 k R� p 11 A �8! RI e � : � e b y�.F v i �: d $ I Q $ €gg_ `Ja " kb oO F '�Swn 28 I o0 201.92' C) g"(X) ze rrov�v'at'n R 6 ►a ;i�; +fit / 9 ��. e< i� gg ((�).ac ice r.az.Bavaa Y3957B'(C) o, s�(II).fD'NC II.00,ZLOWl �^'` o0 201.92' C) g"(X) rrov�v'at'n pi I �x I Cte I ,r�pun wl V�R5 N�o18 ��N�R Cpl �3 q VMWNa Q_y�� aR.Brj�e ;2 �- 20 4Kp3r q. b\I As °q MI I I 33¢00'(X) 337.UP, ', � ' 33Z00'(N) - .,337.vv7cl 80O71'Ol'E 674.0070 soot 'QYE 69!.007X) 4 Packet Page -2032- 5/24/2011 Item 17.A. C 14 g I � S p = 3 N 3 b r gg e6a E : I I l i a i a;5;'Jj° It it ' G51 1-.1, Os D-4� ep oo� !SHU iS9 @EE .H.:3 '.g oon pi S Cte I � S p = 3 N 3 b r gg e6a E : I I l i a i a;5;'Jj° It it ' G51 1-.1, Os D-4� ep oo� !SHU iS9 @EE .H.:3 '.g COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION COMf B r County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT: INFORMATION NAME OF APPLICANT(S) GRACE ROMANIAN BAPTIST CHURCH OF NAPLES INC. ADDRESS 3000 ORANGE BLOSSOM DRIVE MODULAR #4 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # 239.455.2022 CELL # FAX # E -MAIL ADDRESS: EMIADIC)IUNO.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 16191 Livingston Road LEGAL DESCRIPTION Section /Township /Range 13 / 48S / 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 001 50760009 00150040004 AND 00151440001 Metes & Bounds Description: TYPE OF: SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b. FRANCHISED UTILITY SYSTEM F] PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM F-1 c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PRIVATE SYSTEM (WELL) Revised May201 0 PUDZ- 2005 -AR -8674 REV: 7 GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD:1 Project: 2005060054 Date: 8/25/10:1 D DUE: 9/23/10 Packet Page -2033- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION Co Ngzt e-r County 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net TOTAL POPULATION TO BE SERVED: 500 member church 150 child pre - school PEAK AND AVERAGE DAlMDEM AND S A. WATER -PEAK 3900 AVERAGE DAILY 2145 B. SEWER -PEAK 3900 AVERAGE DAILY 2145 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE 'REQUIRED January 2012 NARRA IVE STATEMENT; Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. N/A COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. if applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. N/A Revised May2010 Packet Page -2034- 5/24/2011 Item 17.A. TRAFFIC IMPACT STATEMENT GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD Q. GRADY MINOR & ASSOCIATES, P.A_ CIVIL ENGINEERS ■ LAND SURVEYORS ■PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947 -1144 July, 2010 PUDZ- 2005 -AR -8674 REV: 7 GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD Project: 2005060054 Date:8 /25/10 DUE: 9/23/10 Packet Page -2035- TABLE OF CONTENTS TABLEOF CONTENTS ........................................ ............................... LIST OF FIGURES AND TABLES ....................... ............................... INTRODUCTION ................................................. ............................... SCOPE.................................................................. ............................... TRIPGENERATION ............................................. ............................... TRIPASSIGNMENT ............................................ ............................... . DISCUSSION....................................................... ............................... . APPENDIXA ....................................................... ............................... 5/24/2011 Item 17.A. ...................... ............................... i ...................... ............................... i ...................... ..............................1 ..................... ............................... l ...................... ..............................1 ..................... ............................... ..................... ............................... 2 .. ............................... A -1 thm A -5 LIST OF FIGURES AND TABLES FIGURE1 .................................................................................................................. ............................... 3 TABLE1 ...................................................................................................................... ..............................4 TABLE2 ...................................................................................................................... ..............................4 TABLE3 ...................................................................................................................... ..............................4 TABLE4 ..................................................................................................................... ............................... 5 TABLE5 ...................................................................................................................... ..............................5 TABLE6 ..................................................................................................................... ............................... 5 TABLE7 ..................................................................................................................... ............................... 5 TABLE8 ..................................................................................................................... ............................... 6 TABLE9 .................. ............................................................................................... ............................... 6 TABLE10 .................................................................................................................... ..............................6 TABLEII .................................................................................................................... ..............................7 TABLE12 ...................................................................................................................I .....I........................9 TABLE13 .................................................................................................................. .............................10 TABLE14 ................................................................................................................... .............................11 TABLE15 ................................................................................................................... .............................11 PUDM.DOC i Packet Page -2036- 5/24/2011 Item 17.A. GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD INTRODUCTION The proposed GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD will consist of a maximum of 500 sanctuary seats (approximately 33,000 sf Church) and a maximum 150 child pre - school facility along with 1 residential unit on a 12± acre parcel located on the west side of Livingston Road approximately 1.7 miles north of Immokalee Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida. For project Iocation please refer to Figure 1, Location Map. The project will have a single access point on Livingston Road, with potential future access to Leaming Lane as well as the adjacent project to the west. Project buildout is projected to be 2015. SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (For Undeveloped Uses) Presented For Peak Season Daily Traffic (PSDT) Including the Respective Peak Hour Volumes. 2. Trip Assignment within the Radius of Development Influence (RDI). 3. Discussion of Impacts to Roadways within the RDI. TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (ITE) is used for trip generation calculations provided in this report. Please refer to Tables 1 through 12. The trip generation for the combination of weekday Church trip generation results and weekday pre - school trip generation results. The total trip generation for the proposed use is estimated to be 992 trip ends for daily traffic volume, 152 trip ends during the AM peak hour and 132 trip ends for the PM peak hour. Please refer to the DISCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDI. TRIP ASSIGNMENT The project directional distribution of traffic to and from GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD is presented on Figure 2 and Table 13. When traffic is distributed to the accessed, adjacent and subsequent links, trip generation volumes are below 1 % of the service capacity for most of the surrounding roadways (see Table 14). PUDTIS.DOC G PAGE1 RBCN Packet Page -2037- 5/24/2011 Item 17.A. DISCUSSION Tables 15 and 16 show the results of the Level of Service analysis for surrounding roadways. The Level of Service of all roadways within the radius of development influence is at acceptable levels. No degradation of LOS results from the addition of project traffic. GRBCN PUDTIS.DOC PAGE Packet Page -2038- 5/24/2011 Item 17.A. FIGURE I LOCATION MAP PUDnS.DOC PAGE GRSCN Packet Page -2039- o` 10 11 12 7 ` C. R. 888 N 1:6 15 SCHOOL ACCESS RQA ,, ' . - 18. 13. w a 4' Ln Li Li 21 N 22 23 24 19 z NAPLES — IMMOKALEE RD. (C. R. 846) of 28 27 26 25 30 LOCATION MAP PUDnS.DOC PAGE GRSCN Packet Page -2039- 5/24/2011 Item 17.A. TABLE I TOTAL DAILY PROJECT TRIP GENERATION LAND USE ITE LAND USE CODE DU (RES) OR/ SQ.FT. (NON -RES) FORMULA/ RATE TOTAL TRIPS SINGLE FAMILY 210 1 DU LN(T) = .92LN(X) + 2.71 14 CHURCH (daily) 560 33.0 (thou) SF T= 9.11 (X) 301 DAY CARE 565 150 T = 4.55 (X) -5.64 677 TOTAL 992 TABLE 2 ENTER/EXIT BREAKDOWN OF DAILY TRIPS IOTA PERCENTAGE AM TRIP LAND USE: 'TRIPS ENTER/EXTI ENTER/E ALL 992 50 %/50 % ** 496/496 '*assumed average TABLE 3 PUDTIS.DOC GRBCN PAGE 4 Packet Page -2040- 5/24/2011 Item 17.A. TABLE 4 TARLF_ .S TABLE 6 ENTER/EXIT BREAKDOWN OF TRIPS DURING AM PEAK HOUR _ _ c,..,� -,,., 1 �+J a iv irtul;, L,iV1�tV L11L'1;�•. :: ALL 152 50 %150% 76/76 TABLE 7 TOTAL AM PEAK HOUR EXTERNAL PROJECT TRIPS TOTAI, TRIPS INTERNAL AM PEAK HOUR LAND UST✓` (FROIuI TAEiE 6) GAPTtJRE %" EXTERNAL TRIPS ALL + 152 0% 152 PUDTIS.DOC PAGE 5 GRBCN Packet Page -2041- 5/24/2011 Item 17.A. TABLE 8 TOTAL AM PEAK HOUR EXTERNAL NON -PASS BY PROJECT TRIPS TOTAL EXTERNAL AM PEAK HOUR TRIPS PASS EXTERNAL LANG USE (FROM TABLE 7) BX °10 NON PASS BY TRIPS ALL 152 0% 152 TABLE 9 TOTAL -PM PEAK HOUR PROJECT TRIP GENERATION LAND USE ITE LANI? DU (RED) ORS FQRMULA/ PEAK LAND USE .USE CODE SQ FT (NOWT RES) F SLATE HOUR TRIPS ,1 _ LN�T(T) .89LN(X) + SINGLE FAMILY 210 1 DU .61 2 CHURCH (daily) 560 33.0 (thou) SF T = 0.66 (X) 22 DAY CARE 565 150 LN(T) _ .87LN(X) + 108 32 TOTAL 132 TABLE 9 TABLE 10 TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS LAND USE TOTAL TRIPS (FROM TABLE 10) INTERNAL:..: CAPTURE % PM PEAK -HOUR EXTERNAL TRIPS ALL 132 0% 132 PUDTIS"DOC GRBCN PAGE 6 Packet Page -2042- 5/24/2011 Item 17.A. TABLE 11 PUDTLS.DOC PAGE '7 Packet Page -2043- GRBCN 5/24/2011 Item 17.A. FIGURE 2 IFE COUNTY m� m 3C . v 46 11(1.41) 12 7 8 9 10 9 � 70 SIT C.R. 888 15 14 NING LAN ^ 18 l 17 16 15 16 13 +� o a a 70. a W 106 s z 21 22 23 25% (3.25) ° r, 19 20 21 22 3B 24 z_ 5 0.18} 2: IC.R, 6 W NAPLES - IMMO LE RD. 84$) (0.14) � 22y 3s 28 2/ 15 26 0 29 28 27 a 0.50) 159.25 207 15 30 1.02 34 35 n 36 31 32 33 34 0 33 z q VANDERRrLT BEACH ROAD ti mo 1 D9. 10% � = p 13 (0.11) 15 J 4 4 3 r 2 ¢ 1 5 5 a 4 3 v c 0 5% D w v 6 om o a T- 0 o 10 a 11 a 12 7 8 9 1D PINIE RIDGE ROAD (C.R. 896) Mrs. LEGEND X% % OF PROJECT TRAFFIC XX PEAK HOUR, PEAK DIRECTION PROJECT TRIPS (X) % OF SERVICE VOLUME PUDTIS.DOC GRBCN PAGE Packet Page -2044- 5/24/2011 Item 17.A. TABLE 12 PROJECT DIRECTIONAL DISTRIBUTION ROADWAY LINK FROM TO % OF PROJECT .VOLUME Livingston Road Site Lee County Line 30% Livingston Road hnmokalee Road Site 70 % Livingston Road Vanderbilt Bch Road Immokalee Road 20% Livingston Road Pine Ridge Road Vanderbilt Bch Road 10% hnmokalee Road U.S. 41 Airport Road 10% Immokalee Road Airport Road I -75 20% h=okalee Road I -75 Collier Boulevard 5 % Vanderbilt Beach Road Airport Road I -75 10% Airport Road h=okalee Road Vanderbilt Beach Road 10% Airport Road Vanderbilt Beach Road Pine Ridge Road 5% PUDTIS.DOC GRBCN PAGE Packet Page -2045- h w w A W H U S, r F.M a A w W V U d 0 W W N N M M U `r RW, W z 0 � o o� 0 V U U �}Ly1 V] W R �Lr U � O w. Z 3 w o 0 O •� 7 wW W �z 1 UW 5 W a O er _ 0 U W a a O O�0 M N M N M UOM 0 M M Do W o cl O r*�i aa. o 79 b z w 3 Cd .d :n o c� o > a o o > 7� a P4 U ?: � C O t0 O � ❑ ❑O Z Z Cd 0 0 O 0 b 0 3 x x c� ° ) x x W ; cc G o �. �mwp D N N N o c ° cc tl o 0 w vW, 1 UW er _ a U_ 0 0 0 0 o cl O r*�i p� W o b 7� a zW3Wz cc 0 Cd 0 0 o c� cc o �. D o o c ° cc tl o 0 w vW, W .a .a U � S7 ° 0 � 'c3 Cd i1 i _O O ° V N O O Cli . r H > ice. �i Z Lt Cd Cd 0 O O o ° = x - Co O t O O p O I--1 A A > Packet Page -2046- 5/24/2011 Item W.A. U U O 4 0 w TABLE 14 5/24/2011 Item 17.A. ROADWAY LINK PEAK HOUR LOS — EXISTING ROADWAY LINK FROM TO _PEAK HOUR PEAK.DIR. LOS Livingston Road Imperial Street Immokalee Road 1,176 B TABLE 15 PUDTIS.DOC GRBCN PAGE I I Packet Page -2047- FUDT1S.DOC APPENDIX A SUPPORTING DATA A -1 Packet Page -2048- 5/24/2011 Item 17.A. GRBCN 5/24/2011 Item 17.A. PUDTIS.DOC GRBCN A -2 Packet Page -2049- 5/24/2011 Item 17.A. } .4__.� fix. �IG.:1 a�....ZJ.x t .. 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OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 5/24/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 PUDZ- 2005 -AR -8674 PROJECT #2005060054 DATE: 11/22/05 PRE- APPLICATION MEETING NOTESKAY DESELEM _ uate: y.- `1-0-67 Time: ( :l5 Firm: Q GeADV H0Jo4 Praia I Name: D tJ L-' `/.� - y126 f1J I A DF_ Applicant Name: �l�Cr D-Y► (JYyt Phone:_ Owner Name: Phone: Owner Address: CitY_._Sfate ZIP Existing PUD Name and Number Assigned PlannerGLci lefati#raees (s±tt Off Submittal RequirementS (refer to application for additional requirements) 24 Copies of the following: 0 1 additional set if located in the Bayshore /Gateway Triangle Redevelopment Area) 7 . Completed Application Pre - application Meeting Notes Conceptual Site Plan 24X 36" and One 8 1/2 X 11" copy PUD document and Master Plan plus one 24" x 36" copy of the Master Plan 2 Copies of the following: [� Deeds /Legals. & Survey (if boundary of original PUD is amended) ® List identifying Owner & all parties of corporation . M Ef Owner /Agent Affidavit signed & notarized Completed Addressing Checklist 4 Copies of the following: Environmental Impact Statement Historical Survey or waiver request Utility Provisions Statement w /sketches 0A, Architectural rendering of proposed structures Architectural Review required Survey, signed & sealed Seven (7).Traffic Impact Statement (TIS)er Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' �] One (1) Electronic copy of all documents in Word format and plans (CDRom or Diskette) One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435 -2122. Packet Page -2051- 5/24/2011 Item W.A. Fees: Application Fee: $10,000 (PUD Rezone) + $25 per acre (or fraction thereof) ❑ $8,000 (PUD to PUD) + $25 per acre (or fraction thereof) ❑ $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting sholi not be credited towards application fees and a new pre - application meeting will be required. $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). Nr $363.00 Legal Advertising Fee for BCC meeting [� $1600.00 Environmental Impact Statement review fee Property Owner Notification fees. Property Owner Notifications $1.00 Non - certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) Fee Total $ G: \Current \Pre -App forms \PUD pre- app.doc Revised January 11, 2005 Packet Page -2052- v� l E kA LU uj LL 0 W I-� d Cl > m m E . 0 m D M c a J C O N O d E a G1 Cl V i -a a 'a 5/24/2011 Item 17.A. - -� r Ili lI 1 D Z hW Z L t� Z a S: E W LU ZZ Z O a H o � , a fA a a 5/24/2011 Item 17.A. - -� r � lI 1 D O 1 � , 1 e I � 7 � � 1 i �I a l� h i Packet Page -2053- 0 M N N O lQ v a� y U O a C O Co CV O m N L C C m N d C CL CL Q d ii 5/24/2011 Item 17.A. ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to evM project. Items in bold type are required. 1. Legal description of subject property or properties (copy of lengthy description may be attached) Please see attached Property Appraiser print outs 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 00150040004 00151440001 00150760009 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right -of -way 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names. (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS /SITES ONLY) SDP - 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) ❑ PPL (Plans & Plat Review) ❑ SDPA (SDP Amendment) ❑ PSP (Preliminary Subdivision Plat) ❑ SDPI (SDP Insubstantial Change) ❑ FP (Final Plat) ❑, SIP (Site Improvement Plan) ❑ LLA (Lot Line Adjustment) ❑ SIPA (SIP Amendment) 0 BL (Blasting Permit) ❑ SNR (Street Name Change) ❑ ROW (Right -of -Way Permit) ❑ Vegetation/Exotic (Veg. Removal Permits) ❑ E, (Excavation Permit) ® Land Use Petition (Variance, Conditional Use, ❑ VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, PUD rezone, etc.) ❑ Other - Describe: 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: ® Checklist is to be Faxed Back ❑ Personally Picked Up 12. Applicant Name 0. Grady Minor Sharon Umpenhour) Phone 239 - 947 -1144 Fax 239 - 947 -0375 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number -- Address Number Address Number L -4 `-JL Address Number Approved b WjDate Packet Page -2054- 5/24/2011 Item 17.A. PUDZ- 2005 -AR -8674 PROJECT #2005060054 DATE: 11/22/05 KAY DESELEM COLLIER COUNTY WAIVER APPLICATION FROA1 THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: Ray V. Bellows ,Zoning Manager PETITION NUMBER ASSOCIATED WITH THE WAIVER: (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Hilton Hills RPUD LOCATION: (Common Description) Section 13 Township 49 E Range 25 S, Livinl?ston Road SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Connrnunity Development & Environmental Services Administrator or his designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Hi -gOl7c Prewrnitioa'Formci 1130 - -'04 Packet Page -2055- 5/24/2011 Item 17.A. SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Virginia Anne Devisse, Tr. Mailing Address: 5610 Bur Oaks Lane, Naples, Florida 34109 -3859 Phone: (239) F04W. B. Name of agent(s) for applicant, if any. D. Wayne Arnold Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: (239) 947 -1144 FAX: 239 - 947 -0375 C. Name of owner(s) of property: Virginia Anne Devisse Mailing Address: 5610 Bur Oaks Lane, Naples, Florida 34109 -3859 Phone: ( ) FAX: Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. Hi,`caiic Pasavationt7omisll 1 30!04 Packet Page -2056- 2 5/24/2011 Item 17.A. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. C. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Block Lot Section Township Range 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. Property dimensions: Area: square feet, or 12± acres Width along roadway: 486± feet along Livingston Road Depth: 1000± feet Present use of property Undeveloped Present zoning classification: A. agriculture MSTO'icPresenration %FormsiIHM%04 Packet Page -2057- s� H s �� *� I pill. all, ®R f asl s o g dsIS s►ii/y t' � 9 �'lS NIP .■ e � b. /� •oar 5OF R Y4 S * � � �3�-x- i� �"c,� N0009 . trasa 9s fc7 • oloLaccr.azeaomr ro ►tc r.ouacoart — — i •, zaa7rc a ff d 5/24/2011 Item 17.A. ip y 8 _. •g 0. 4� e t s 44RR4� k j K o � C 4 A` v �II 9 Packet Page -2058- (nh t mane t m i • in m g �46� is a s� io n ail « Ayg! ati ably$ya p ,4 c� a +9 lY �°�: $ Z• a' a•� 'a_ I qI1 1 srino'(ap sn.oa,06 tl swnolB 87-C GOO S9o71b2'E B7tooYy) � s � �A I bib bb9l Packet Page -2058- 5/24/2011 Item 17.A. SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated as a quarry. The Community Development & Environmental Services Administrator may seek counsel of the chairman of the Historic and Archaeological Preservation Board when it is not completely evident that the site is without archaeological or historic value. A. Waiver Request Justification. Interpretation of Aerial Photograph The aerial identifies surrounding land uses which have been developed without having evidence of historical or archeolop,ical artifacts. 2. Historical Land Use Description: The land us undeveloped and shows no recent evidence of disturbance. 3. Land, cover, formation and vegetation description: the site has extensive melaleuca disturbance and a roximatel 1 acre of wetlands. 4. Other: the site is not located within a area identified as Navin historical or archeological significance. Other sites nearby have been develo ed without evidence of archeolo 'cal discove . ARproximately 1 acre of the site will be retained in its natural condition. B. The Community Development & Environmental Services Administrator or his designee may deny a waiver, grant the waiver, or grant the waiver with conditions. The official decision regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the Community Development & Environmental Services Administrator or his designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. Hrcirnic Pn^sen�tign!Ft:rr?�; Z ] �3r "G4 Packet Page -2059- 5/24/2011 Item 17.A. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 Mz" x 14 ") folder.. Signature of Applicant or Agent Printed Name of Applicant or Agent D. Wayne Arnold, AICP -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The Community Development & Environmental Services Administrator or designee has made the following determination: 1. Approved on: By: 2. Approved with Conditions on: By: (see attached) 3. Denied on: By: (see attached) Hiuoric Ptesea vatiot. Forms %t 180104 Packet Page -2060- 5 .44 M ? r lik 3 ol_ VA u- T ip r r -3 Irk } �.:: �."_ � -.ra, a _ •�'.- � -��.., �' ,�T1 'fit' r� .. '-fi _ <_ '� .lam • y e�"F�. '�•8 . _ ` a' t �,'eq'�x d1 ,� : - .. lw- Hilton Hills RPUD Environmental Impact Statement Collier County Section 13, Township 48 South, Range 25 East Approximately 12.16 acres ]Boylan Environme . tam_ Consultants, C. Wetland & Wildlife Surveys 1 onmental Permitting, Impact, 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33912 Phone: (239) 418- 0671Fax: (239) 418 -0672 October 26, 2005 Revised April 25, 2006 Revised August 1, 2006 Revised February 6, 2007 Revised May 22, 2007 Revised December 10, 2007 Packet Page -2062- 5/24/2011 Item 17.A. PUDZ- 2005 -AR -8674 REV: HILTON HILLS RPUD Project: 2005060054 Date: 6/3/08 DUE: 7/1/08 5/24/2011 Item 17.A. Table of Contents PAGE # EISREPORT ............................................................. ......................................... 1 -19 TABLES IN REPORT FLUCFCS by vegetative type, composition, dominance ..........................8 -9 FLUCFCS community by class ................................ ..............................9 Preserve and Impact Table per FLUCFCS .................... .............................10 Potential Protected Species by FLUCFCS ......... ..........................16 -17 EXHIBITS EX. # DESCRIPTION PAGE # 1 RESUME- Kim Schlachta .................................................... .............................20 2 LOCATION MAP ............................................................... .............................21 3 FLUCFCS AERIAL EXTENDING 200 FEET ................... .............................22 4 FLUCFCS MAP EXTENDING 200 FEET ............................... ................. .............23 5 FLUCFCS MAP ................................................................ .............................24 6 FLUCFCS AERIAL MAP .................................................... .............................25 7 FLUCFCS TOPO MAP .................................................... .............................26 8 SOILS MAP ............................................................... .............................27 9 CONCEPTUAL WATER MANAGEMENT PLAN ..................... 10 CONCEPTUAL MASTER PLAN ........................................ .............................29 11 INDIGENOUS MAP .................................................... .............................30 12 INDIGENOUS PRESERVE MAP ............... ......... ............................... ...............31 13 INDIGENOUS IMPACT MAP ......................................... .............................32 14 WETLAND MAP .................................................... .............................33 15 SFWMD WETLAND JD SIGN OFF LETTER (MEMO LOCATION MAP & AERIAL) ... 34-38 16 WETLAND IMPACTS MAP ......................................... .............................39 17 PROTECTED SPECIES SURVEY ............................. ..........................40 -44 18 PROTECTED SPECIES SURVEY MAP ............................... .............................45 19 PROTECTED SPECIES SURVEY AERIAL MAP .................... .............................46 20 BIG CYPRESS FOX SQUIRREL MANAGEMENT PLAN ........ ..........................47 -50 21 HISTORICAL SITE SEARCH RESULTS ............................... .............................51 2 Packet Page -2063- 5/24/2011 Item 17.A. 4. Information required for application. a. Applicant information. L Responsible person who wrote the EIS and his/her education and job related environmental experience. Kimberly Schlachta, B.S., Environmental Sciences, 8 years experience; KimSaBovlanEnv.com (239) 418 -0671 Please see the attached resume, exhibit # I (page 20) ii. Owner(s) /agent(s) name, address, phone number .& e -mail address. David and Virginia Hilton 3615 Boca Ciega Drive #110 Naples, FL 34112 239 -404 -3681 Contact email: rachelledover @comcast.net b. Mapping and support graphics. i. General location map. Please see exhibit # 2 Location Map (on page 21). ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System ( FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on -site shall be included on the aerial. See the attached FL UCCS Map of Site and Area Extending 200 Feet Beyond exhibits # 2 and 3 (pages 22 and 23). iii. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided.. Packet Page -2064- 5/24/2011 Item 17.A. See the attached map titled FLUCFCS -TOPO map exhibit # 7 (page 26). iv. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determination&. See the attached Soils Map exhibit # 8 (page 27). v. Proposed drainage plan indicating basic flow patterns, outfali and off site drainage. See Concept Drainage plans provided by Engineer. vi. (Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. See attached Engineering PUD master plans. vii. Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. No adjacent preserves, conservation acquisition areas, jlowways or potential wildlife corridors exist in this area or around the project site. An access road to the North Naples Middle School is located along the southern boundary of the site, and a major arterial road (Livingston Road) is located along the eastern boundary. Although no easements exist adjacent to the western propero, line, the preserve area has taken into account the potential for interconnection to the west and north. The preserve size is large enough that without a 20' strip along the west boundary, the preserve size still meets the indigenous requirement. Since no other uses would be available in this strip, the area was included in the preserve calculations. See the attached PUD Master Plan and Indigenous Preserve Map exhibit # 12 (page 31). 4 Packet Page -2065- 5/24/2011 Item 17.A. viii. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. Not applicable, the project is not within those districts. c. Project description and GMP consistency determination. L Provide an overall description of the project with respect to environmental and water management issues. The 12.16 acre project site contains 4.60 acres of wetlands and 7.56 acres of uplands. There is one wetland located offite consisting of mixed Pine and Cypress along the southern boundary. The remainder of the site comprises disturbed pine flatwoods which have resulted in scattered melaleuca present throughout the site. A small patch of saw palmetto containing 0.56 acres also exists on the northern boundary. The proposed site plan will impact the low quality wetlands and a portion of the low quality upland pine flatwoods. Onsite mitigation and offsite mitigation will be provided for impacts to the wetland will be permitted through SFWAM as required The offite mitigation will include the preservation and enhancement of 1.26 acres of the Pine Flatwoods, and 0.56 acres ofsaw palmetto. No adverse secondary or cumulative impacts are anticipated as a result of this development and no adverse water quality or discharge impacts are anticipated All remaining impacts will be mitigated for offsite in an appropriate mitigation bank Storm water runoff will be directed into the proposed wet detention surface water management system via catch basins and culverts. This wet detention system provides water quality treatment. The greater of either the first inch of runofffrom the site or 2.5 " times the percentage of imperviousness will be detained. Discharge will be through a spreader swale along the eastern property boundary and into the Livingston Road right -of -way. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management ]Element of the Growth Management Flan, where applicable. The project site includes wetlands and uplands. The projects preserve area of 1.82 acres will contain indigenous area, including 1.26 acres of the Pine Flatwoods, and 0.56 acres of saw palmetto. The largest and most Packet Page -2066- 5/24/2011 Item 17.A. contiguous preserve area compatible with this site plan has been provided Since both the 321 and the 411 Pine Ratwoods qualify as indigenous, this requirement is met. The entire Palmetto area is not required since the Pine flatwoods area qualifies as indigenous preservation per Collier Staff. Although no easements exist adjacent to the western property line, the preserve area has taken into account the potential for interconnection to the west and north. The preserve size is large enough that without a 20' strip along the west boundary, the preserve size still meets the indigenous requirement. Since no other uses would be available in this strip, the area was included in the preserve calculations. This project is consistent with Policy 2.2.2 whereas the stormwater system will be designed in such a way that discharged water will not degrade receiving waters and that the attempt to enhance the quality, quantity, and timing offreshwater to the system will limit the speck and cumulative impacts of stormwater run -off. This project is consistent with Policy 6.1.1 whereas the standards and criteria have been met to preserve native vegetation on -site, by providing 15% indigenous vegetation for a 5 to 19 acre non - coastal residential development. The total site preservation meets that required by the PUD. The site will preserve 15.0 % of the onsite indigenous areas. In accordance with Policy 61.1. (2), preserved native vegetation will include canopy, under - story, and groundcover. The preserve areas have been designed to best accommodate the highest quality native vegetation, maintain a single contiguous preserve possible that the water management system allows for. In accordance with Policy 61.1. (4), preserved native vegetation will include canopy, under- story, and groundcover. Since there are no protected species noted on the site, and the wetland does not have approved UMAMscores greater than 0.65 or higher, then 321 (palmetto area) is being preserved first with other indigenous uplands including Pine Ratwoods. The wetlands are not adjacent to the higher quality palmetto area; other surrounding upland indigenous has been preserved. These areas have been incorporated as best as the plan can allow for. This project is consistent with Policy 6.1.1. (9) Whereas there are no adjacentpreserves, conservation acquisition areas, flowways or potential wildlife corridors exist in this area or around the project site. Roads exist along the east and south boundaries of the site. The preserve area-has been designed to best accommodate the highest quality indigenous, and keep the preserve interconnected as best possible the water management system allows. This project is consistent with Policy 6.2.land Policy 62.2 whereas the wetlands shall be verified by a jurisdictional field delineation at the time D Packet Page -2067- 5/24/2011 Item 17.A. ofprojectpermitting to determine the exact location ofjurisdictional wetland boundaries, and shall be defined pursuant to Section 373.019 Florida Statutes and the delineation methodology as described in Section 373.421 of the Florida Statute. A wetland jurisdictional determination has been conducted on a portion of this site and on contiguous sites to determine the location of the wetlands. Asper the policy, these wetlands are verified as the time of project permitting with the South Florida Water Management District. Methodology addressed in the Florida Statute was utilized to determine the extent and location of wetlands located on this site as noted in the wetland mapping. This includes applying reasonable scientific judgment to evaluate the dominance of plant species, soils, and other hydrologic evidence 'of regular and periodic inundation and saturation as set forth in the statute and rules in Statute 373.4211. Attached is the information jurisdictional determination on this site exhibit # 15 (page 34 -38). Since these issues are the only issues that are highlighted in the objectives, the project would be consistent with the Objectives and Policies of the Conservation and Coastal Management Element. d. -Native vegetation preservation. 1 Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Palmetto Prairie f'LUCFCS Code 321) This upland community occupies 0.56+- acres of the property. This area is composed primarily of palmetto prairie. It was located in the middle of the melaleuca uplands. The canopy was opened with scattered melaleuca and slash pine. The sub - canopy vegetation includes wax myrtle and cabbage palm. The ground cover includes saw palmetto, smilax, grape vine, bracken fern, and beautyberry. 7 Packet Page -2068- 5/24/2011 Item 17.A. VEGETATION TYPE COMPOSITION (C- Canopy, M- Midstory, G- Ground cover ) DOMINANCE (D- Dominant, C- Common, O- Occasional Slash Pine C 0 Melaleuca C 0 Cabbage Palm M 0 Wax Myrtle M 0 Saw Palmetto M D Beauty Berry M O Grapevine G 0 Poison Ivy G 0 Smilax G 0 Bracken fern G 10 Pane Flatwoods (FLUCFCS Code 411) This area occupies 7.00± acres of the property. The canopy is dominated by Slash pine, and contains between 25 percent to 75 percent melaleuca. The sub -canopy consists of melaleuca with scattered slash pine, cabbage palm, cypress and Brazilian pepper. Ground cover includes grape vine, smilax, finger grass, carpet crass, Coco plum, myrsine, and poison ivy. VEGETATION TYPE COMPOSITION (C- Canopy, M- Midstory, G- Ground cover ) DOMINANCE (D- Dominant, C- Common, O- Occasional Melaleuca C/M D Slash Pine C/M 0 Cabbage Palm M 0 Wax Myrtle M 0 Brazilian Pepper M 0 Grapevine G 0 Poison Ivy G 0 Smilax G O Carpet Grass G O Finger Grass G O Coco Plum G O Myrsine G 0 hydrae Pine Flatwoods (FLUCFCS Code 625) This wetland habitat type occupies 4.6± acres of the property. The canopy is dominated by pine with scattered cypress in the mid- canopy. The sub - canopy consists of melaleuca and Brazilian pepper. The ground cover includes salt bush, poison ivy, cabbage palm, myrsine, bluestem grass, wiregrass, spartina, St. John's Wort, and swamp fern. 8 Packet Page -2069- 5/24/2011 Item 17.A. VEGETATION TYPE COMPOSITION (C- Canopy, M- Midstory, G- Ground cover ) DONE NANCE (D- Dominant, C- Common, 0-occasional) OSW acreage Cypress C/M C Slash Pine C/M D Cabbage Palm M/G O Melaleuca M O Wax Myrtle M O Brazilian Pepper M O Salt bush G O Poison Ivy G O Smilax G O Bluestein G O Spartina G O St. John's Wort G 10 Swamp fern G 10 FLUCCS Code Community Wetland Acreage OSW acreage Non - wetland 321 Palmetto Prairie -- -- 0.56 411 Pine Flatwoods — — 7.0 625 laydric Pine Flatwoods 4.60 — — Total: 4.6 1 0 1 7.56 Total Site Acreage: 12.16 ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 and 10 of the Land (Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. See attached Indigenous Communities — Impact/Preserve maps exhibit #'s 12 and 13 (pages 31 and 32). The property contained about 12.16 acres of native indigenous communities, and 15% is required to be preserved in order to meet Collier County indigenous requirements. That equates to 1.82 acres of indigenous needed for preservation. The project proposes to preserve 1.82 acres, which meets the required amount. Packet Page -2070- 5/24/2011 Item 17.A. FLUCCS Community Upland Acreage Wetland Acreage Impact Acreage Preserve Acreage 321 Palmetto Prairie 0.56 ac. -- - 0.56 411 Pine Flatwoods 7.00 ac. -- 5.74 ac. 1.26 625 Hydric Pine Flatwoods -- 4.60 ac. 4.60 ac. -. 7..56 4.60 10.34 1.82* * These preserve areas will have exotics removed and pianungs done as necessary. iii. For sites already cleared and in agricultural use, provide documentation that the parcel (s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel (s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and rand Development Code. NA iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. No previous development approvals have been issued for the property to our knowledge. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. The ST area located at the Northeast corner of the property has been included in the preserve area. e. Wetlands. L Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth 10 Packet Page -2071- 5/24/2011 Item 17.A. Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on- site by vegetation type (species), vegetation composition (canopy, midstoiy and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. The wetlands shall be verified by a jurisdictional field delineation at the time of project permitting to determine the exact location of jurisdictional wetland boundaries, and shall be defined pursuant to Section 373.019 Florida Statues and the delineation methodology as described in Section 373.421 of the Florida Statue. A wetland jurisdictional determination has been conducted on a portion of this site and on contiguous sites to determine the location of the wetlands. See the attached Jurisdictional wetland Determination for Long's Farm Market signed by District staff on October 5, 2001 exhibit 15 (pages 33 -37). Asper the policy, these wetlands have been verified by the South Florida Water Management District. Attached is the partial jurisdictional determination on this site. Subsequent to the initial wetland determination, approximately 4.60 acres ofjurisdictional wetlands were identified on this site. The current line was determined through field verification. Since the original jugged lines were not surveyed, these lines have been located utilizing handheld GPS units. A SFWMD permit will be provided at the time of SDPIPPL submittal to the County which includes the locations of jurisdictional wetlands as verified by the South Florida Water Management District. Iivdric Pine Flatwoods 4FLUCFCS Code 625) This wetland habitat type occupies 4.6f acres of the property. The canopy is dominated by pine with scattered cypress. The sub - canopy consists of melaleuca and Brazilian pepper. The ground cover includes salt bush, poison ivy, cabbage palm, myrsine, bluestem grass, wiregrass, spartina, St. John's Wort, and swamp fern. 11 Packet Page -2072- 5/24/2011 Item 17.A. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves /affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. Seasonal high water elevations were determined using existing permittingfor adjacent sites. Onsite biological indicators or lack thereof suggests that the water elevations do not exceed the current ground elevation. Existing topography as noted in the survey is consistent with surrounding permitted control elevations. The permitted control elevation of the Royal Palm Academy site located east of Livingston road is at 12.7 ft. NGVD. The permitted control elevation for Livingston Road is 11.25 ft NGVD. This project is also located to the east. This WSWT elevation is consistent with the lack of above ground biological indicators on- site. Since on -site topo shows the existing drainage jlowingfrom the northeast to the south west, it would be consistent that the onsite control would need to be at an elevation at less than or at maximum 11.25 ft NGVD to maintain the cascading system as permitted through SFWAM. Therefore it is anticipated that the control would be approximately at 11 ft NGVD. iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on -site. Describe how impacts to wetlands have been minimied. See the attached We Impacts Map exhibit 16 (page 38). Initial site plan design included the preservation of onsite wetlands to minimize impacts. Secondary impacts to adjacent wetlands, and existing impacts from surrounding roads do not make this site favorable for wetland preservation. Through the site planning process at this point, Collier county requirements do not accept the preservation of the onsite wetland due to the low UMAM Assessment score. Other native vegetation onsite is required to be preserved. In addition, due to the size and configuration of this parcel, it is not feasible to preserve both areas. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the 12 Packet Page -2073- 5/24/2011 Item 17.A. Growth Management Plan. For sites in the RFMU district, provide an assessment, based on the South Florida Water Management iDistrict's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU district, and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method. Through the permitting process with South Florida Water Management District, the impacted wetlands would require mitigation. Offsite mitigation would not only pr ovide adequate compensation for the onsite wetland impacts, but would enhance preserve areas that are known to be utilized by listed species, and increase these areas, which in turn would provide for a better long term resolution addressing the impacted wetlands onsite. f. Surface and ground water management. i. Provide an overall description of the proposed water management system explaining hove it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. The water management system will consist of a series of inlets interconnected with drainage pipes and wet detention basins. The greater of either the first inch of runoff from the site or 2.5 " times the percentage of imperviousness will be detained. Discharge through a water control structure will be to the drainage system along the Livingston Road R/W via a spreader Swale system along the eastern property line. Discharge will be limited to the rate permitted by Collier County Ord. 90 -10. Seasonal high water elevations were determined using existing permitting for adjacent sites. Onsite biological indicators or lack thereof suggests that the water elevations do not exceed the current ground elevation. Existing topography as noted in the survey is consistent with surrounding permitted control elevations. The permitted control elevation of the Royal Palm Academy site located east of Livingston road is at 12.7 ft. NGVD. The permitted control elevation for Livingston Road is 11.25 ft NGVD. This 13 Packet Page -2074- 5/24/2011 Item 17.A. project is also located to the east. This WSWT elevation is consistent with the lack of above ground biological indicators on- site. Since on -site topo shows the existing drainage flowing from the northeast to the south west, it would be consistent that the onsite control would need to be at an elevation at less than or at maximum 11.25 ft NGVD to maintain the cascading system as permitted through SFWMD. Therefore it is anticipated that the control would be approximately at 11 ft NGVD. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed laud uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. , The project's water management system is designed to maximize water quality enhancement, thereby meeting or exceeding the requirements of SFW3M Basis of Review Sections 4.2.4 and 5.9.1(b). The project will use wet detention to attenuate storm flows dischargingfrom the site and to protect the native preserve and wetlands. In addition, the project will use pollution prevention measures (both during and after construction) along with design features that will improve travel time to discharge locations and allow for additional "scrubbing" of the storm water prior to discharge. PRE- CONSTRUCTIONAND DURWG CONSTRUCTION Structural andNon- Structural Controls (Basis of Review 4.14.1 (a) -(0) 1. Follow practices outlined in Pollution Prevention Plan. 2. Install perimeter berm(s) or siltfences with straw bale barrier(s) adjacent to wetland areas. 3. Continue clearing and grading. 4. Construction ofstorm water management lakes S. Stockpile excavated soil. 6 Stabilize denuded areas and stockpiles within 21 days of last construction activity in that area. 7. Monitor rain events and check condition of erosion control measures after each significant event. 14 Packet Page -2075- 5/24/2011 Item 17.A. Other Controls 1. Proper handling of hazardous or potentially hazardous materials. 2. Proper disposal of all trash and other waste products. 3. Spill prevention and notification 4 Contractor training and responsibility POST - CONSTRUCTION Non - Structural Controls (Basis of Review 5.9.1(b)) This project will use Best Management Practices (BMP's) intended to improve the quality of storm water runoff by reducing the generation and accumulation ofpotential storm water runoff contaminants at or near the respective sources for each constituent. 1. Nutrient and Pesticide Management: Each lot owner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. 2. Street Sweeping: This practice involves sweeping and vacuuming the primary streets and parking areas to remove dry weather accumulation ofpollutants, especially particulate matter, before wash - off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving water bodies by removing particulate matter and associated chemical constituents. 3. Solid Waste Management.- In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. 4. Water Management System Maintenance: Inspection of all components of the system on a regular basis. Cleaning of system as necessary to keep system to operate as designed The water management system will be designed to meet or exceed the minimum design criteria as outlined in the Basis of Review. In addition, pre - construction and long term monitoring and maintenance of the system combined with proper fertilizer and pesticide use will improve water quality in the storm water discharges beyond minimum requirements. HL Identify any Wellfield Mask Management Special . Treatment Overlay Zones (WRM -ST) within. the project area 15 Packet Page -2076- 5/24/2011 Item 17.A. and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM -STs. The project is not within a WRM- -STs overlay zone. g. Listed species. i. Provide a plant and animal species survey to include at a minimunz, listed species known to inhabit biological communities similar to those existing on -site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on -site. A protected species survey was conducted on the property on April 6, 2005, and updated on August 2, 2006 The survey was conducted between the hours of 10: 00 am and 12:30 pm, and between the hours of 9 am and 12 pm. One stick nest was located during the initial survey. The updated survey revealed no nest structures, or signs of listed species. See attached protected species survey and protected species survey map exhibits 17, 18 and 19 (pages 40 -47). iL Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. No protected species were identified on site. The following table shows the potential listed species that could lie within the FLUCCS commzmitiesfound on site. FLUCCS Potential Listed Sped s % Coverage Present Absent Density Visibility ft 321 Audubon's Crested Caracara 90 X 20 Beautiful Pawpaw 90 X 20 Burrowing Owl 90 X 20 Curtis Milkweed 90 X 20 Fakahatchee Burmannia 90 X 20 Florida Black Bear 90 X 20 Florida Coontie 90 X 20 16 Packet Page -2077- 5/24/2011 Item 17.A. iii. Indicate how the project design minimizes impacts to species of special status. A plant and animal survey was conducted according to FGFWFC guidelines. Overlapping belt transects, approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop - look - listens techniques were utilized to observe potential listed species. During the initial survey, one stick nest was marked in the field The site will be resurveyed prior to construction to locate any nests. If the squirrels are actively 17 Packet Page -2078- Florida Sandhill Crane 90 X 20 Gopher Frog 90 X 20 Gopher Tortoise 90 X 20 Indio Snake 90 X 20 Southeastern American Kestrel 90 X 20 411 Beautiful Pawpaw 100 X 1 20 Big Cypress Fox Squirrel 100 X 20 Eastern Indio Snake 100 X 20 Fakahatchee Burmannia 100 X 20 Florida Black Bear 100 X 20 Florida Coontie 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Gopher Tortoise 100 X 20 Red - Cockaded Woodpecker 100 X 20 Satin leaf 100 X 20 Southeastern American Kestrel 100 X 20 Twisted Air Plant 100 X 20 625 American Alligator 100 X 20 Everglades Mink 100 X 20 Florida Black Bear 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Little Blue Heron 100 X 20 Snowv E et 100 X 20 Tri- colored Heron 100 X 20 Wood Stork 100 X 20 iii. Indicate how the project design minimizes impacts to species of special status. A plant and animal survey was conducted according to FGFWFC guidelines. Overlapping belt transects, approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop - look - listens techniques were utilized to observe potential listed species. During the initial survey, one stick nest was marked in the field The site will be resurveyed prior to construction to locate any nests. If the squirrels are actively 17 Packet Page -2078- 5/24/2011 Item 17.A. nesting, no impacts to that area will occur until nesting is completed as noted in the attached management plan. See attached protected species survey and fox squirrel management plan exhibits 17, 18, 19 and 20 (pages 40 -5I). iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. While no protected species were directly identified on site, one stick nest was observed during the initial survey. This stick nests has the potential to possibly be Big Cypress Fox Squirrel daybeds. The site will be surveyed for nests prior to clearing in order to determine if Big Cypress fox squirrels are actively nesting. If the squirrels are actively nesting, no impacts to that area will occur until nesting is completed. See attached protected species survey and management plan exhibits 17, 18, 19 and 20 (pages 40 -5I). All regulations will be followed if protected species are found on the property. v. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. A protected species survey was conducted on the property. Upon submitting the EAP Application, a copy of the environmental supplement will be sent to the FFWCC and the USFWSfor review and approval. h. Other. i. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina Siting and other criteria in the Manatee Protection Plan. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. Not applicable, there are no docking facilities. 18 Packet Page -2079- 5/24/2011 Item 17.A. ii. Include the results of any environmental assessments and /or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. A protected species survey was performed; it is attached There has been no Phase One Environmental Auditperformed for the site to our knowledge. iii. For sites located in the Dig Cypress Area of Critical State Concern - Special Treatment (ACSC -ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC -ST. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Not applicable. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historiclarchaeological integrity of the site. A request has been made to the Florida Department of State to research the Master Site File. The response is provided. No previously recorded cultural resources were listed 5. Additional data. The County Manager or his designee may require additional data or information necessary in order to male a thorough and complete evaluation of the EIS and project. 6. Relation between EIS and development of regional impact (DRI). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DRI. 19 Packet Page -2080- 5/24/2011 Item 17.A. �oy�l Enviionm7 eiIIr Consultants, 16C. Wetkmd & Rldlffe SUMW nmental Permitting. Impact sesrments 11000 Metro Parkway, Suite 4, Fort Myers, Florida, 33966 Phone:(239) 418 -0671 Fax:(239) 41M672 IMOERLY SCHiLACRTA Environmental Scientist AREA OF EXPERTISE Environmental science applications involved in completing environmental assessments, delineating jurisdictional wetlands with State and Federal Agencies, performing wildlife surveys, species management plans, wetlands monitoring and permit compliance, vegetation and habitat mapping, lining GIS /GPS, and environmental perm. EDUCATION Auburn University, B.S. Environmental Science, College of Engineering, 1997 Fort Ivriyers High School, 1992 PROFESSIONAL AFFILIATIONS Florida Association of Environmental Professionals Florida Association of Soil Scientists CURRENT RESP®NSEBILITIES NIs. Schlachta conducts. extensive fieldwork, in Southwest Florida and subsequently produces the following types of reports /surveys: protected species surveys, wetland surveys (feasibility/ environmental land use planning), wetlands monitoring, and wildlife monitoring. In addition, she is involved with wildlife and wetlands permitting with State and Federal regulatory agencies along with permit compliance. RELEVANT EXPERIENCE Ms. Schlachta has acquired substantial environmental experience conducting fieldwork and producing reports and applications for wetland and wildlife surveys, wetlands monitoring, species management plans, environmental land use planning and development, and environmental permitting. A native of Southwest Florida, she also has almost nine years of full time experience in Lee, Collier, Charlotte, Glades, Okeechobee, and Hendry counties, working with Boylan Environmental Consultants. in the process, she has worked with a wide range of engineers, planners, developers and agencies. She has conducted land assessments and wetland determinations with regulatory agencies. Ms. Schlachta also performs protected species surveys that include Local and Federally listed species such as the Gopher Tortoise, Big Cypress Fox Squirrel, Florida Scrub Jay, the Red - Cockaded Woodpecker, Audubon's Crested Caracas and Bald Eagle. She has also spent time at Cecil Webb Wildlife Refuge to study and learn the sounds and flight patterns of the Red - cockaded woodpecker. Before joining Boylan Environmental Consultants, she worked with entomologists at the University of Florida to reestablish and monitor the population of the endangered Schaus Swallowtail Butterfly in the Florida Keys. Locally, she has worked at the Nature Center helping to educate others on local environmental issues. She has also worked in Costa Rica with the CCC (Caribbean Conservation Commission) monitoring and tagging nesting sea turtles. Management practices of the endangered Giant Tortoise were also studied while at the Charles Darwin Research Station in the Galapagos Islands, Ecuador. Page 20 Exhibit 1 Packet Page -2081- 5/24/2011 Item 17.A. ® 2005 Del-orme. Street Atlas USA® 2006. MM (<- W) Page 21 Exhibit 2 www.delortne.com Packet Page -2082- 5/24/2011 Item 17.A. Packet Page -2083- 5/24/2011 Item 17.A. o I A • w Cl R;9 Q w i` s jilt a v � 12 i Rig 1 R �a p i ein CO i l I i 1 I 1 •' i^t j i Nt. t## • i i s s I i t t t s E f 1 1 M 7 ti i j N 1 i Cn t � CD Na 91 RxhihiL�,— 1 t � s 1 1 1 s I t ^+ t E I j N ; j b j t F Packet Page -2084- dy e.{, Packet Page -2085- 5/24/2011 Item 17.A. 6 bR rD � p 6 ^-e O T p �q Page 24 Exhibit 5 Vic W-11 UWA W. I'm 5/24/2011 Item 17.A. Packet Page -2086- 5/24/2011 Item W.A. HIM f � F Packet Page -2087- s �d t C� "el vT O O IoW v 5/24/2011 Item W.A. HIM f � F Packet Page -2087- s �d 5/24/2011 Item 17.A. Packet Page -2088- r rf � t c r t r rf ! �r fl f^ t 6 � e t t i t ! g t t t t 8 t t t ! 4 ! 4 d a i i ! t � � e B 6 t a z. 1 ! O E � d t d t F 4 t � 4 0 d � a � 6 ' 6 Il a Page 27 Exhibit a [ 4 0 A �� G GQ o � � Z � � t titi r rf � t c r t r rf ! �r fl f^ t 6 � e t t i t ! g t t t t 8 t t t ! 4 ! 4 d a i i ! t � � e B 6 t a z. 1 ! O E � d t d t F 4 t � 4 0 d � a � 6 ' 6 Il a Page 27 Exhibit a [ 5/24/2011 Item 17.A. s� d� � F � � u a a " i rya N m 6 J N I = 1 W $ v i t EtitiH 1 ■ t gig s + ♦ + ! s > > a ♦ ♦ 1 > • > > U i + a a a ♦ � i ♦ ♦ i ♦ + + Y M • �p> s +C a > a Q M ERI n1 ♦ + ♦ a J � � ♦ a 3 �/ 1 + ♦ a > a a > ♦ c i 1 C Y + + a�_ A ini o0 °g SW a c Bo <- � 6u �- il e 28 Exhib 19 =tl Packet Page -2089- - FOQO.' A , i ! I a > s e + + l♦ � > > 9 I i + + + t ! 1 Y ! / + + �< z {I > + > w NNhNW }V J Ji.fi� S Nnnmvi^ Q� eIF 'M,`�_ Packet Page -2090- 6 5- s A i t i , i 1 i i i 1 �fI I I 1 i ! i i I I, 1 ' i� 1 , 1 `I ! i i f ! I i ! I i i i tI1 I � I ! i ,I l; i 5/24/2011 Item 17.A. w 1 9! J t a� 1 i i I a.; 11 1 FY v a e �I . it B I e � a y T a V Ma o • o O ,Q .T l•. D � 3 u 5� r � SZ 4c •r. 'C c C 2CF iiDit 10 U o` 5/24/2011 Item 17.A. r t►1ti1 �►� �� i MM, 0 Vii►,. IVA O �.jL 41 +►+� 1 1 1� �►4 Packet Page -2091- Q m t� Ego L 5/24/2011 Item 17.A. Q� � u - ss a � LU A Packet Page -2092- LO oa re g 4 a� o �z � z Packet Page -2093- 5/24/2011 Item 17.A. KIM JIB rhea WO Y "W, n J X04 � z Packet Page -2093- 5/24/2011 Item 17.A. KIM JIB rhea WO Y "W, n J Page 32 Exhibit 13 C a 0 q� w 0 KLCrb Page 32 Exhibit 13 C a 5/24/2011 Item 17.A. U - �o if Page 33 Exhibil. 11 o � 3 'S a � � Packet Page -2094- �Y' •Y 5/24/2011 Item W.A. ( FOORT�.} �pI. Y( E. R@ s$ FA[ t�I/ E :ASC'Eti�i'pBKf♦�2�SS01WcCregur Rw?e=A,rp tUyem P¢t�. p"M (M)3 8-2 - FLWA'rS2WD- 24&-UM • w= M # F=(W338 -2M October 5, 2001 Mrjercmry Stork Boylan Environmental Consultants, Inc. I IOOD Metro Parkway, Suite 4 Ft. Myers, Rorida 33932 Subject: Lones Farm market; warmal. Jurisdictional Wetted Ihapectio n, ,Lm Count)N S -13 I T-48-S I R -25 -B Dear W. Ste& 'fie District offer the following in respom to yDur request for a determination of the jurisdictional wetland boundaries and other sudaee waters lid within the subject property. C-aig Schmitticr, Enviaomnanital Analyst, of the Natural Resource Management Division, conducted a site inspection on August 3, 2001. The praject bon ndades shown on the attached aerial identify the approximate limits of the gropwty inspected. used on the infornmation pmv rl and the resr its of the site inaction, The jurisdictional wetlands, as defined in Chapter 62+340 F.A.C., within the limits of the subject property, are shown on the attached aerial exhibits. This correspondence is an informal pre- application jurisdictional determination Pursuant to Section 373.42I(6) and F.r•a C 62-3 11040ni . it does not bind tiro District, its agents or employees: nor does it co=y any legal rights, expwssed or implied. Persons obtaining this itnfsarmal pre - applies ion jurisdictional determination am not entitled to rdy upon it for gurpo s of compliance with provision of law or District rues. A binding jnnrisdictional determination may be obtained by submitting an aplijcafi on to the Soul FAdda Water, Mwiagement District R. Myers office for a formal determination pursuant to Chapter 40E -4.042 F.A.C. or by applying for a permit. GOVW t WG BOARD EXECUME OMCE sEBVICE CFIQSER NcoMs;. Gufi&TM Jr. Esq., Clink -lt A41c.' sae! COMM n' wckj. Glecwn Frank FL Finch, PS. Chip M-rWn, Tmdi nv WJ WW' disc -Ckak HughhL Engrish Lennattl? Undalst EacurMEDeWW Dttw.r Paa>sla amok - Thames Gem& S. Fem-Andea hiarkn T R Thumtors D1$nUCrHFAVQUAUMtr 3M Gun crab Roach, P.D. Box 2463U, West Palm Sea, -h FL3341G4W •. 1561j 685*MM - FL WAIS 2- SOU -M -2045 Page 34 Exhibit 15 Packet Page -2095- 5/24/2011 Item 17.A. hft: Sterk 141les Farm Market Page 2 A file has been set up with pre- applimfion matedaU at Me Ft..Mycrs service center OM= If You hawo any ft her questions please eamet Craig Schm€ttler at (941) 338-2929 e4d. 7739. Sincerely, lame M. J as Supervising Professional Ft. Myers Service Cmftr /cds - Attachment W-emo. Location Map, and Aerials) c: USACU$ - Ft. MYM& yap metes location map, and aerial DEP— w/ memo, location matt Page 35 Exhibit 15 Packet Page -2096- 5/24/2011 Item 17.A. TO: Filed .41-- FROM. M. € WgD. Se-WOW, PPWS,Bmvi cyst, PrTic'rfaDivision THROU Ri: Y.&M Doha parviswg Professional, NRM Division DAM Ateast 27, 2001 SUMM. Lan& purr Market;.1+oml Wedand Jurisdictional bspectim, ,bACCounW, S-13 fT4" /R 25-13 A site inspecdon vraS conducted on the above vefu� prqwty cm Au,-,L--t 9, 29Di. The propeety acted encompasses aPraxbasteLY 7.26 acars and is located along the Livingston. Road Extension Vi mile amth ofbumkalee goad. Tate subjectMTe y is split by tlx: L VIWton Road with 203 of the site east of the road and the reaching 13 of the propetty to the west. Adjacent properties surrounding time site we undeveloped parcels withm rite -Pahn Rive; Sic*. This pmel is also on daveioped, but has been wily iupcted by the cmgmetim of Livingston Road. Tae Jmudietioad wetlands, as defined by Chapt, .r 62-340 F.A.Q., witlNht rite limits of 6ite Fopedy sued afc shorn on the attach d serial exhUts. The wags ecmsist of a forested rjstcm that is dominated by a mmture of hydric pme ilaiwoods hanvily invaded by mBlaleuca west of Iaviagston Road. East of the road, The weds am dominated by a cypress slough heavliy kvaded by Erafiian pepper and uWW=& _TfMv. weg ands on site ary cos dguoas to the Psiffi Rivzr Slocrgb that east of this site and continm to the . southwest. Tue nowt judsffichonal anus on site we located west of UADgstm road and coasW of pain flans that we heavily invaded by nos Weaca and 13ra lliart popm. Cabbage pales are also present tlimughout ft site imsfralitsoclmts. Tdlm were no ih-wd 3p Bien i bl --ry ed d •.,t' ag this s;m iriuispeC'tim Page 36 Exhibit 15 Packet Page -2097- AA �, E I A 33_� NJ - A 3*1 as•� 5/24/2011 Item W.A. 4 J pW OA vs C) A G �U h`�b•b kn I Page 39Pxlaibij a Packet Page -2100- EnTON ]MLS RFU Section 13; Township 48 S; Range 25 lE Collluer County, Florida Protected Species Survey Boylan Environm'- ta-- . Consul Wetland & Rldl{fe 5rm+eys ` orr —ntal Permidit Imaact essmenir 11000 Metro Parkway, Suite 4 Fort Myers, Florida, 33912 Phone:(239) 418 -0671 Fax:(239) 418 -0672 April 25, 2006 Updated August 22, 2006 Revised February 6, 2007 Packet Page -2101- 5/24/2011 Item 17.A. Page 40 Exhibit 17 5/24/2011 Item 17.A. J(NnRO DUMoN Two environmental scientists from Boylan Environmental Consultants, Inc conducted a field investigation on the property on April 6, 2005. A follow up survey was conducted on August 2, 2006 to update the nest location. No nests were observed during that survey. The purpose of the field investigation was to identify the presence of protected species and habitat. Additional time was spent onsite conducting the wetland and FLUCFCS mapping. The site is located in portions of Section 13, Township 48 South, Range 25 East, in Collier County, Florida Specifically, it is situated west of Livingston Road and North of Immokalee Road. SURVEY METHODOLOGY Where possible, the species survey was conducted using the parallel belt transect survey methodology discussed in the Florida frame and Freshwater Fish Commission publication `Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -scale Development in Florida This method is comprised of a several step process. First, vegetation communities or land -uses on the study area are delineated on an aerial photograph using the Florida Land Use, Cover and Forms Classification System ( FLUCCS). Next, the FLUCCS codes are cross - referenced with a Protected Species List. This species list names the protected species that have a probability of occurring in that particular FLUCCS community. With a list of the potential listed plants and animals, each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using meandering & belt transects and 10 x 50 binoculars as a means of searching for plants and animals. In addition, periodic "stop- look - listen" and quiet stalking methods are. conducted for animals. Signs or sightings of these species are then recorded. Particular attention was placed upon locating potential fox squirrel nests, locating RCW cavity trees, and eagle's nests within the forested portions of the property. Nearly 100 percent of the property that was considered as potential tortoise habitat was surveyed. SrrE CoNIlDt'rl[oNs The temperature ranges from the mid 80s to the lower 90s during the survey, with mostly cloudy skies during the field investigation. The site was undeveloped. In general, the property is composed of primarily of pine and melaleuca The site is bordered by roads to the east and south, and additional pine and melaleuca uplands to. the north and west. Page 41 Exhibit 17 Packet Page -2102- 5/24/2011 Item 17.A. Listed below are the vegetation communities or land -uses identified on the site as shown on the attached protected species . survey map. See Florida Land Use, Cover and Forms Classification System (Department of Transportation 1999) for definitions. Mmetto Prairie (FLUCFCS Code 321) This upland community occupies 0.56+- acres of the property. This area is composed primarily of palmetto prairie. It was located in the middle of the melaleuca uplands. The canopy was opened with scattered melaleuca and slash pine. The sub - canopy vegetation includes wax myrtle and cabbage palm. The ground cover includes saw palmetto, smilax, grape vine, bracken fern, and beautyberry. Fimme Flatwoods (FLIUCFCS Code 411) This area occupies 7.00± acres of the property. The canopy is dominated by Slash pine, and contains between 25 percent to 75 percent melaleuca. The sub- canopy consists of melaleuca with scattered slash pine, cabbage palm, cypress and Brazilian pepper. Ground cover includes grape vine, smilax, finger grass, carpet crass, coco plum, myrsine, and poison ivy. ffiydric Pine Flatwoods MUCFCS Code 625) This wetland habitat type occupies 4.6± acres of the property. The canopy contains melaleuca, and cypress with scattered pine and cabbage palm.. The sub - canopy consists of melaleuca and Brazilian pepper. The ground cover includes salt bush, poison ivy, cabbage palm, myrsine, bluestem grass, wiregrass, spartina, St. John's Wort, and swamp fern. S]P]EMS PRESENCE During our field survey for protected species on the property, we did not observe any protected species. We did identify one stick nests in the canopy of FLUCCS community 411. This structure has the potential to possibly be a Big Cypress Fox Squirrel day bed. If this area is to be impacted, before development the nests will most likely require a Big Cypress fox Squirrel survey. The survey will determine whether or not Fox Squirrels are actively nesting. A follow up survey was conducted on June 9, 2006 to update the nest locations. No nests were observed during that survey. No tree cavities were found, and no gopher tortoise burrows were located. The various listed species that may occur in the vegetation communities or land -use types found on the property have been tabulated on the attached table. Page 42 Exhibit 17 Packet Page -2103- 5/24/2011 Item 17.A. DisCUSSII ®N During the'original species survey, one possible day bed was observed that may be used by Big Cypress Fox Squirrels. A Management Plan for Fox Squirrels has been provided. We did not observe any other protected species or signs thereof during our field investigation. The lack of tortoise burrows is likely due to the relatively high water tables in the area and the lack of habitat Due to the fragmented and isolated nature of the forested portions of the property, it appears unlikely fox squirrels would utilize the property. In addition, due the lack of corridors or contiguous habitat of the property with off -site areas, it is not anticipated that other listed species would occupy the property. The nearby roads also create a barrier and a hazard to other animals. Other non -listed animal species noted were a cardinal, pine warbler, gray squirrel, and a red - bellied woodpecker. Page 43 Exhibit 17 Packet Page -2104- 5/24/2011 Item 17.A. Table. Protected species having the potential to occur in the corresponding FLUCFCS community or land -types with corresponding field survey results. FLUCCS Potential Listed Species % Coverage Present Absent Density Visibility ft 321 Audubon's Crested Caracara 90 X 20 Beautiful Pawpaw 90 X 20 Bun-owing Owl 90 X 20 Curtis Milkweed 90 X 20 Fakahatchee Burmannia 90 X 20 Florida Black Bear 90 X 20 Florida Coontie 90 X 20 Florida Sandhill Crane 90 X 20 Gopher Frog 90 X 20 Gopher Tortoise 90 X 20 Indigo Snake 90 X 20 Southeastem American Kestrel 90 X. 20 411 Beautiful PaATaw 100 X 20 Big Cypress Fox Squirrel 100 X 20 Eastern Indigo Snake 100 X 20 Fakahatchee Burmannia 100 X 20 Florida Black Bear 100 X 20 Florida Coontie 100 X .20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Gopher Tortoise 100 X 20 Red - Cockaded Wood ecker 100 X 20 Satin leaf 100 X 20 Southeastern American Kestrel 100 X 20 Twisted Air Plant 100 X 20 625 American Alligator 100 X 20 Everglades Mink 100 X 20 Florida Black Bear 100 X 20 Florida Panther 100 X 20 Gopher Frog 100 X 20 Little Blue Heron 100 X 20 Snowy Egret 100 X 20 Tri- colored Heron 100 X 20 Wood Stork 100 T X 20 Page 44 Exhibit 17 Packet Page -2105- n i Li ---- ----------- - -- — — — — — -- - - - --7 ---------------- -7-- L----------------------- -- �-/ ------- ------------- - ---- --------- ---------- r ------------ ----------- j ------------------ ---------- r----------- w ------- ---------- ------------- ------------- r------------ - - - --- --------- L------------- -- - - -- ---------- Packet Page -2106- 5/24/2011 Item 17.A. to In Co iliaA b Page 45 Exhibit 14 aow n i Li ---- ----------- - -- — — — — — -- - - - --7 ---------------- -7-- L----------------------- -- �-/ ------- ------------- - ---- --------- ---------- r ------------ ----------- j ------------------ ---------- r----------- w ------- ---------- ------------- ------------- r------------ - - - --- --------- L------------- -- - - -- ---------- Packet Page -2106- 5/24/2011 Item 17.A. to In Co iliaA b Page 45 Exhibit 14 5/24/2011 Item 17.A. Packet Page -2107- 1 h a. Q� h � 4 Packet Page -2107- Milton Hills RFUD Big Cypress Fox Squirrel Management Plan Big Cypress Fox Squirrel Sciurus roger avicenma Prepared By: Boylan Environme -r. Consultants, c. A�etland& �IdlijeSurveyr,• '" nmentalPermtriin� Impact essments 11000 Metro Parkway, Suite 4 Ft Myers, Florid.- 33966 Phone: 239/418 -0671 Fax 239/418 -0672 Ianuary 17, 2006 Revised September 29, 2006 Packet Page -2108- 5/24/2011 Item W.A. Page 47 Exhibit 20 5/24/2011 Item 17.A. Big Cypress Fog Squirrel Description The Big Cypress Fox Squirrel (Sciurus niger aviceiuzia) is listed as a threatened species by the Florida Fish and Wildlife Conservation Commission (FWC). The Big Cypress Fox Squirrel is larger than the gray squirrel. The average length of the Big Cypress Fox Squirrel is ten to fifteen inches, not including the tail, which can be up to fourteen inches in length. The fur coat is highly variable, including shades of reddish orange, black, and occasionally tans, with white nose, front toes and ear tips. The primary habitats used by the Big Cypress Fox Squirrel include; open pine flatwoods, cypress strands, broad -leaf evergreen hammocks, mangroves, and oak forest. These squirrels feed on cypress balls, pine seed and occasionally cabbage palm and saw palmetto berries. The seeds of the slash pine (Pirnus elliottii) are heavily used when available. The seasonal availability of pine seed and cypress bail production tends to dictate which habitat is most heavily used for foraging. Open understory is a critical factor in determining the use of the habitat. The Big Cypress Fox Squirrels spend a considerable amount oftime foraging on the ground with optimal habitat consisting of open park -like atmosphere. The Big Cypress Fox Squirrels are usually active during the day. Nests are constructed for resting, sleeping and breeding. Leaf nests in pines, cypress, cabbage palms, and melaleuca.; nests in tree hollows; and nests in bromeliad are used by the Big Cypress Fox Squirrels. General Description of Site Location The site is located in portions of Section 13, Township 48 South, Range 25 East, in Collier County, Florida. Specifically, it is situated west of Livingston Road and North of Immokalee Road- Vega etation C.E9rnmuni "eS The following is a discussion of the existing vegetation communities found on site. Palmetto Prairie (FLUCFCS Code 321) This upland community occupies 0.56=L acres of the property. This area is composed primarily of palmetto prairie. It was located in the middle of the melaleuca uplands. The canopy was opened with scattered melaleuca and slash pine. The sub- canopy vegetation includes wax myrtle and cabbage palm The ground cover includes saw palmetto, smila:, grape vine, bracken fern, and beautyberry. Page 48 Exhibit 20 Packet Page -2109- 5/24/2011 Item 17.A. Fine Flatwoods (FLUCFCS Code 416) This area occupies 7.00 acres of the property. The canopy is dominated by Slash pine, and contains between 25 percent to 75 percent *net- aleuca. The sub -canopy consists of melafeuce with scattered slash pine, cabbage palm, cypress and Brazilian pepper. Ground cover includes grape vine, smilax, finger grass, carpet crass, coco plum, myrsine, and poison ivy. 1Tycirie fine Flatwoods (F UCFCS Coale 625) This wetland habitat type occupies 4.6± acres of the property. The canopy contains melaleuca, and cypress with scattered pine and cabbage palm. The sub - canopy consists of melaleuca and Brazilian pepper. The ground cover includes salt bush, poison ivy, cabbage palm, myrsine, bluestem grass, wiregrass, spartina, St. John's Wort, and swamp fern. Species Survey Summary One stick nests were observed on site during a preliminary Species Survey. A recent updated survey yielded no netlike structures. The structure such as the one originally found are typically built by squirrels such as the gray squirrel or the Big- Cypress fox squirrel. No nesting behavior was observed in any of the structures during the original survey. Management Plan Aspects The goal of the management plan is to attain and maintain suitable Big Cypress Fox Squirrel habitat on site after development. This will be accomplished through preservation and enhancement of some existing suitable habitat on site. The plan focuses on preservationn suitable habitat in the north central portion of the site. Management will be implemented to ensure that the exotic vegetation does not re- invade the system and that the upland habitat is maintained in an open park- like condition Education information will be provided to inform those living in the community of the protection status of the Big Cypress Fox Squirrel and its habitat requirements. Approximately 1.02 acres of land will be provided in the following manner: Palmetto Prairie — 0.56 Acres Pine Flatwoods — 1.25 Acres Ihe proposed development is a residential planned community with associated storm water management 'lakes. Page 49 Exhibit 20 Packet Page -2110- 5/24/2011 Item 17.A. Enhancement Exotic Removal All exotic vegetation in the preserve areas will be treated. Construction Details All trees with potential- nests will be checked for nesting prior to cleaning. The survey will include five consecutive morning and evening surveys, weather permitting, of the potential habitat. If no active nests are found the exotics and any approved native tree removal areas will be cleared. If active nests are found, buffers will be maintained around the nest trees until the nests are deemed inactive. These trees will then be removed. The buffers are anticipated to be 150 feet in width. Any deviations from this dimension will be presented to FWC for review and approval prior to implementation. If no nesting is occurring the tree can be removed. If nesting is occurring a 150' buffer will be maintained around the tree until the nesting is completed. The limits of the conservation area will be marked in the field to prevent encroachment during construction activities. Any changes in the configuration of the conservation area will be submitted to the FWC for review. The exotic removal and replanting program will be implemented concurrently with development. After the exotic removal and replanting is completed these areas will be posted to advise of the conservation status of the lands. Educational Details Educational signage may be placed in the Big Cypress Fox Squirrel habitat areas that are accessible or adjacent to areas used by the public. information will include; a description of the Big Cypress Fox Squirrel and its status as a listed species. Information regarding the habitat requirements along with the life history and ecology of the squirrel will be provided. Additional information_ regarding the interaction of the public and the listed species will be noted; such as implications of feeding and encouraging -interaction with the squirrels. Management Details A habitat management program will be implemented in the conservation areas after development. Exotic control will be implemented to ensure no re- invasion of exotics occurs. It is anticipated exotic control will be implemented on,a semi -annual basis for. tv ?o years afterthe initial removal is completed. 'Thereafter, exotic control is anticipated on an annual basis. All maintenance personnel will be advised of the necessity of leaving pinecones, cabbage palm flujit, bromeliads and ground fungi in the management areas. The wetland and preservation areas will be shown as preserve areas in perpetuity on the plat. The homeowner association will be the entity responsible for the preserve and open space areas. Page 50 Exhibit 20 Packet Page -2111- 5/24/2011 Item 17.A. OCT-04 -2005 11:33 P.81iHS lz�'- 0—.4006-1 PLORZIDA DEIVAV&MIEN", F STATB Glenda R. Hood Secretary of Slate D1 oN W M.STORICAL RESOURCES O. -mbsr 4, 2005 KiM Sch OW. IBC, lne. 110 o4 Metro Parkway, Suite 4 Fart Meyers, F( 33912 Fax: zn-.t 33-0672 Dear Ms. Sowachta: fn response to yoty inquny of September .29, 2005, t"ho Floridan tEr Site Filc Iris no prevfausly reeorded ou'llarsl resouroeT rs hke f0110-Wing psroeis: E 48S,125E; Sec6 ©n 13 L'+1 IYltcrprgdHg th$ results of o " se h, please rememb, Aha followiftg POin's: Areas which have Amt bwn eQ nPJI ply su"Yed, such as yrour$15 anmv carn"aft unireoorded erebeeoiagme. Sitts, aureeOr"d h1i "Y!"bly 'mParbnt strK es, or both' - ?48 you may know, state and federg @aws require formal envilre n-Mental rView fur some grojeels. Record s=eh0g by the staff of ibe .-oloaids Master Me lie do not comsl_otut.- Secb a anew of cultural resoa- rees.:f yOUs FrOjee, !W119 umder` :these 1 9 yora sbce%i contact the ol1aneeYitw Feu ®n 6 thereQp lorEe Presorvatson at €1- 24s55 833 or at this addr896. IV the o Caldwell Cremer Data Analyst, Florida Master S;ts F111,- Phone: s50 245 -5440 Division of Mstorical R Mixes State SunCom: 205.6440 FL A. Gray Bulks Fax lint: 050 245 -5439 500 South Fsronough St=t Emil: i+ 'Ks �wfete us Taliahassce, Florida 32399 -0250 [deb: HtB� /hs� �v.c�ns.�ale�i. :is/dhr/msf/ 500:x. 41ronough Street C T - Phrs =r1 �b 3?�2� -�?rlo a hip:! / .Ilha mtage.emm a�kxetEa sOf€iee hv.:ac�lc� 1�- e�c.� i7Z3isEarfti'raessafioa 13 His ko edpAneeums (s54) 295 -6304 , r- M245 -W5 (850) 2 44 PPS: 2954436 (650) 245.6V,3 ° PAX: 20-6497 (650) "W` ' ;-!AX' `M 0 F4M B6ach Re91VA?1 MCC C+ SE. At -NMne Re0=21 0116 - ' Tz rr kgpml Office Page 51 Exhibit 21 Packet Page -2112- 5/24/2011 Item 17.A. AFFIDAVIT OF COMPLIANCE PUDZ- 2005 -AR -8674 Grace Romanian Baptist Church of Naples CFPUD I hereby certify that pursuant to Ordinance 2004 -41, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses ofproperty owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. . Per attached letters and or prope , er s list, which are hereb made a part of this Affidavit of Compliance of State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 17th day of September, 2010 by Sharon Umpenhour, who is personally known to me er— whe --Aia, rr_nrl•,,•,, a (Signature of Notary Public) Pamela M. Hvvti (Notary Seal) Printed Name of Notary t PAMB.AM HWMM += myco AISSIONiDbWT eonded�ihu iJo�yMaAY 2 , 201t1nd Packet Page -2113- kBkkkk (kBk�kk§kkk AA�£.o @ ■2sa■ § § °i§ £s s ;2s§ § ;a &2k §s■ke_(ek ■z222e■Mj Z' e833eZ, e 3§) 8888 �2§k§��`ae)�U,�� a& -M§§ »$$£W- MEW / / //$ 2 k( .[§ LU2 r�Ei §// /ems@ kC)gggge � , *E��§f %� k§ E ��, © § § ;�� , < mJMil -i �§ § ,- R000»!§2ce2£ ;00,01i £NmaaebbbNla§!■§! § §2 =__ kkk d §§ k 22� (§§§]§) §) $ aRr[g■quzo§ zz- §§k §k§22SO-EzWm0000n sG ■� »ee /k ¥7�22§22) ©, �)�B�[) § Packet Page -2 11 - 5/24/2011 Item 17.A. ; g 2 ( k � z w § !�ƒ sss )z § ) NMM 2 k \ Cl: E §E § ))J § se § (2§ ) k § \)\ § §2 z ku §0000§ $ 22 ; L§ B oo0Ba@ IL CL IL ■ � , ■ 2 k( .[§ LU2 r�Ei §// /ems@ kC)gggge � , *E��§f %� k§ E ��, © § § ;�� , < mJMil -i �§ § ,- R000»!§2ce2£ ;00,01i £NmaaebbbNla§!■§! § §2 =__ kkk d §§ k 22� (§§§]§) §) $ aRr[g■quzo§ zz- §§k §k§22SO-EzWm0000n sG ■� »ee /k ¥7�22§22) ©, �)�B�[) § Packet Page -2 11 - 5/24/2011 Item 17.A. 5/24/2011 Item 17.A. GradyMinor Civil Engineers • Land Surveyors 9 Planners * Landscape Architects September 17, 2010 COLLIER CNTY 3301 TAMIAMI TRL E NAPLES FL 34112 RE: Neighborhood Information Meeting Petition PUDZ- 2005 -AR -8674, Grace Romanian Baptist Church CFPUD Dear Property Owner: Please be advised that a formal application has been submitted to Collier County, seeking approval of a rezone from the Agricultural (A) and Agricultural (A) with the ST Overlay (Special Treatment) zoning districts to the Community Facility Planned Unit Development Zoning District ( CFPUD), by Grace Romanian Baptist-Church of Naples, Inc., represented by D. Wayne Arnold, A1CP of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., for the following described property: Approximately 12i acres located in the northwest quadrant of Livingston Road and Learning Lane, Section 13, Township 48 South, Range 25 East, Collier County, Florida. The petitioner is asking the County to approve this application to allow development of a church, pre - school and related land uses on the described property. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neighborhood Information Meeting will be held on October 4, 2010, 5:30 pm at North Naples Middle School Cafeteria, 16165 Learning Lane, Naples, FL 34110. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have questions prior to the meeting, please contact me. Si ely, Sha n Umpenhour Planning Technician Q. Grady Minor & Associates, P.A- 3800 Via Del Rey Bonita Springs, FL 34134 Packet Page -2115- Ph. 239 -947 -1144 • FX: 239- 947 -0375 EB 0005151 • LB 0005151 • LC 26000266 www.gradvminor.com 5/24/2011 Item 17.A. 1.L S� L W a) 31105 O3 mN f f nil Z l•r1 n O .m mom. sea..0 � 3 � w F t- > g Q U C!•YLV1L1glF11 `g 1q�y � n �E 2� m D O J s zlvl (I.Otl /ID1591Mf1 �� •� 9 Y fS lspl I I T�v 4 I a ;E 6 4 1 F I flg J1fi 63G .acxal > woa marnriuoairo s 6K ` C 6 Y 5 3 3 1.L S� L W a) 31105 O3 mN f f Packet Page -2116- _0 F- 0 J T f! nil .m mom. sea..0 � 3 � w U p •nv .+11wa1w • > g Q U C!•YLV1L1glF11 Mffrr--__ 1q�y � n �E 2� I I � �� •� 9 Y fS lspl I I T�v 4 I < ypa£g 4 1 F I flg J1fi 63G .acxal > woa marnriuoairo ��S iQa 6K ` 6A'd' sg 2 all I 99 4 U if A Na•N) 111K I I `a g 11Vtl1 wvs1Y1�+ LN T19 3 3 }_ leIL3{0 >r� 6 Packet Page -2116- _0 F- 0 J T f! -. NAPLES DAILY NEWS •Publi shed Daily . Naples; FL 34110 Affi&vit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokaraev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daffy newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 26, 2010 Affiant finther says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has herctoforo been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affimt further says that he has neither paid nor promused any person, firm or corporation any discount, rebate, oonrmimion or rehand for the purpose of securing this advertisement for pubiicaticgin the saisbngpvspaper. ( Signature of affiant) 5/24/2011 Item 17.A. NEIGHBORHOOD -2-T. J . is INFORMATION MEETING . tion: PUDZ- 2005- AR-8674 , . ;`Tfie public is, invited to attend a neighborhood meet tng held-by D: Wayne Arnold, AICP of Cl irii4y Minor and.Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman,.Yovanovich and Koester, P.A. represent- ing Grace Romanian, Baptist 0hurdh of Naples,.lno, on: October 4, 2010 at 5:30 p.m. at North Naples Middle School Cafeteria, 161 65 ,Leaming Lane, Naples,. 34110 .Subject Property: The +/- 12 -acre property is lo-' cated in the northwest quadrant of Livingston Road ' and Learnfng,Larie, Section 13, Township 48 Sot th, 'Range 25'East, ColilerCounty. rn • C;.1 The property owner-Is petifbning Collier County-to rein .the property from the;;Agrictilturai : (A);:and. Agricaltilral (A), . with the ST Ove[lay,(Spt: oral T reatmentp zonirig.d.6tiicts.,to::• .the CorrimunityF.6itty.�Piahned Unit.17etreloprntrrit (CFPUE3j Zoning District for a project to be known as Grace Romkhian ? Baptist Church of Naples CFPUD. The project proposes'de velopmenf of a:church pre. school and related land uses. Sworn to and subscribed before me This 29m day of September, 2010 WE VALUE YOUR INPUT Business and property owners, residents and Visitors are (Signature of notary public) welcome to attend the presentation and discuss the project with the owner /developer and Collier County staff., If you are .unable. to attend this meeting, but have questions or corn -, KAROL E KANGAS - Notary Public State .. .me th ids, they can be directed by mail; phone, fax or e- maii,lby. - •,October - of Florida 4; 2010.fo: +� s My Comm. Expires Jul 29, 2013 Commission # DD 912237 Kay Deselem, AICP . c' Principal Planner Collier County Department of Land Development Ser><ices 2800 North. Horseshoe Drive- .. Naples, Florida 34104 Fax: (239)- 252 -8358. (Phone: 239 - '252 -2931, kaydeselem0colliergovnet) No 231.187220 'Seotember.26, 2010 Packet Page -2117- 5/24/2011 Item 17.A. PUBLIC NEIGHBORHOOD INFORMATION MEETING HELD ' AT NORTH NAPLES MIDDLE SCHOOL CAFETERIA, 16166 LEARNING LANE, 5:30 P.M., OCTOBER 4, 2010, BY D. WAYNE ARNOLD OF Q. GRADY MINOR AND ASSOCIATIES, P.A. AND RICHARD D. YOVANOVICH, ESQ. OF COLEMAN, YOVANOVICH AND KOESTER, P.A., REPRESENTING GRACE ROMANIAN BAPTIST CHURCH OF NAPLES, INC. PLEASE PRIN T YOUR NAME, ADDRESS, PHONE NUMBER AND EMAIL ADDRESS AS A RECORD OF YOUR ATTENDANCE. THANK YOU. Grace Romanian Baptist Church CFPUD — AR -8674 IOA 20I O NIM Packet Page -2118- u s Lis NAPLES NEWS MEDIA GROUP Integrity. Community. Innovation. scit"5 wp.. o.nywws Bariu aly w..n A W.rr lrm iap4 fsWrOSnn vsu b.mwl • nr �..k war c.nn� •..pus wn.eoe wmr.w.s`. rer...,aem ewi.�...m. s,aa...swn mwwm.�. veeu.sww�n ssaww�.am.. u.pv�eexn..em m.mwamn .eoicrir ..+�rna.mm ..nn.,amm �IrMwamNOimara� n.,.wr.+«..ro n.en.om. crs.le PHONE 239 - 262 -3161 FAX 239 - 263 -4703 ADVERTISING INVOICE and STATEMENT 5/24/2011 Item W.A. MINOR & ASSOCIATES PA Vp t:511 I H AL;UUUN I NAMt AND AWHtSS Q. GRADY MINOR & ASSOCIATES PA 3800 VIA DEL REY BONITA SPRINGS FL 34134 1111111111111[ 111 1111111111111111111111111111111111 NAPLES DAILY.NEWS P. 0. BOX 630790 CINCINNATI, OH 45263 -0790 000313334300000843600 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE 0 -L coon costs ijigur red on un ai balances will e ilre�ed to your acct. Any questions ca 239 263- A'*MNE239 -262 -3161 Ew.scwPPSNtwsP4PERs. mmokalee Road FAX 239-263-4703 Collier County Publishing, LLC Naps,Fiorida34110 FED D #59 -057 327 • UNAPPUED AMOUNTS ARE INCLUDEDIN TOTAL AMOUNT DUE Packet Page -2119- x' AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF LEE 5/24/2011 Item 17.A. BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT SHE HAS POSTED PROPER NOTICE AS REQUIRED BY COLLIER COUNTY ON THE PARCEL COVERED IN THE ZONING APPLICATION REFERENCED BELOW. • f � SIG ` OF APPLICANT OR AGENT Sharon Umnenlour NAME (TYPED OR PRINTED) O. Grady Minor and Assoc P A 3800 Via Del Rev STREET OR PO BOX Bonita Springs Florida 34134 CITY, STATE AND ZIP PUDZ- 2005 -AR -8674 Grace Romanian Baptist Church of Naples CFPUD i STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 28th day of February, 2011, by SHARON UMPENHOLP personally known to me erne pfe"sod • , and as who did/did not take an oath. A�� Signature of Notary ublic v N My COMMISSION 6 DD 788682 EXPIRES: May 14, 2012 r - Notary POO Undewbm Printed Name of Notary Public SEAL Packet Page -2120- f. F y !: Y a �I 1. 1 i e- '� jj Vj k X I. yr a -3 f. F y !: Y a �I 1. 1 i e- '� jj Vj k X I. yr a - I- i Inn Packet Page -2122- 17.A. 5/24/2011 Item 17.A. GradyMinor Civil Engineers - Land Surveyors - Planners - Landscape Architects December 23, 2010 Ms. Kay Deselem AICP Zoning Services -Land Development Services Dept. 2800 North Horseshoe Drive Naples, Fl 34104 RE: Grace Romanian Church; PUDZ- 2005- AR8674 Dear Ms. Deselem: Please accept this correspondence as our formal response to your sufficiency comments dated October 1, 2010. Aside from staff's primary issue concerning the proposed project access to Livingston Road, Transportation staff did request a modified TIS to reflect analysis of Sunday peak hour traffic impacts. Rich Yovanovich has discussed this review comment with John Podczerwinsky. It is our understanding that John Podczerwinsky is agreeable to remove his objection and to offer, a stipulation that the re- analysis for Sunday peals hour traffic must be included in the TIS provided with the first project site development plan. Once this objection is removed, the only other issue remaining, aside from the question of project access, is your request to have a separate set of development standards for the one single family home proposed on the site. We believe that the development standards proposed for the church and related facilities are also appropriate for the single dwelling unit. We are willing to create a separate column in our development standards table for the dwelling unit; however, we do not believe that such a minor revision should require a formal resubmittal of the application and review fee. The property's only legal access at this time is to Livingston Road. Staff has required the property owner to limit its access to Learning Lane. The property owner cannot agree to a single access to Learning Lane. Learning Lane is owned by the Collier County Public School District and is not a public road available to our client. The School Board has adopted a policy which requires the payment to the School District for a proportionate share of the original construction costs for the road and future maintenance of the road in order to use the School District's road. The amount to be paid for the original construction costs and the ongoing maintenance costs have not been determined at this time. 0• Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Packet Page -2123- Ph. 239 - 947 -1144 • IN: 239 -947 -0375 EB 0005151 - LB 0005151 - LC 26000266 www.gradvminor.com 5/24/2011 Item 17.A. Ms. Kay Deselem AICP RE: PUDZ-2005- AR8674 Grace Romanian Church December 23, 2010 Page 2 In addition to the proportionate share costs requested by School District staff, access to Learning Lane would also require the property owner to impact approximately one acre of wetlands and then provide for the mitigation of these impacts. Our environmental consultant has indicated that the cost for mitigation credits could be in the range of $65,000. The proposed access point to Livingston Road does not result in any wetland impacts and therefore the cost to construct the access point is substantially less than the connection to Learning Lane. The property owner is not in a financial position at this time to bear the wetland mitigation cost of constructing access to Learning Lane. The potential amounts that will be required to be paid to the School Board further make the Learning Lane access not financially feasible. The owner does wish to continue to show potential access to Learning Lane on their conceptual PUD master plan with the intent of providing the access when finances and a favorable approval by the Collier County School Board are available. We encourage staff to re- evaluate their recommendation to deny access to Livingston Road in light of the costs associated with connection to Learning Lane. The proposed access location on Livingston Road meets access spacing for arterial roadways and it is our understanding that the access will be limited to right -in and right -out only. Given the low volume of peak hour traffic associated with the proposed church and child cares uses the County should experience no operational or level of service issues relative to this project. We believe that our application is complete and should be scheduled for the next available Planning Commission hearing. Based on a review of the upcoming Planning Commission meeting schedule, we would urge staff to schedule this application for the February 17, 2011 hearing date. Please feel free to contact Rich Yovanovich at 435 -3535 or me if you have any questions. Sincerely, D. Wayne Arnold, AICP Director of Planning c: Adrian Roman Richard Yovanovich Nick Casalanguida Ray Bellows John Podczerwinsky Tom Eastman Packet Page -2124- 5/24/2011 Item 17.A. C©�r County Memorandum To: Kay Deselem, AICP, Principal Planner, Zoning Services Section From: David Weeks, AICP, Growth Management Plan Manager, Comprehensive Planning Section Date: January 21, 2011 Subject: Future Land Use Element (FLUE) Consistency Review (2nd memo as church petition) PETITION NUMBER: PUDZ- 2005 -AR -8674 (REV 8) PETITION NAME: Grace Romanian Baptist Church of Naples CFPUD (f/k/a Hilton Hills RPUD) REQUEST: Rezone the +12 acre site from the A, Rural Agricultural District to the Grace Romanian Baptist Church of Naples Community Facility Planned Unit Development ( CFPUD) to allow development of a church (500 seats) and preschool (150 students). LOCATION: The subject property is located on the northwest corner of Livingston Road and School Access Road, approximately one and one -half miles north of Immokalee Road in Section 13, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict as depicted in the Future Land Use Element [FLUE] and on the Future Land Use Map (FLUM) of the Growth Management Plan [GMP]. The Urban designation allows community facilities such as churches and child care centers (pre- schools) — the uses proposed in this PUD. 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 Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in [bold text]. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [Exhibit C, the PUD Master Plan, depicts direct access to Livingston Road, an arterial road per the Transportation Element.] Page 1 of 2 Packet Page -2125- 5/24/2011 Item W.A. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [There is no street system for the project proposed. Nonetheless, Exhibit C, the PUD Master Plan, depicts a drive /parking lot aisle in a looped configuration with a single access point on Livingston Road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [There is no street system for the type of project proposed. A potential connection to Learning Lane (runs along the south side of the site and ends at entrance to North Naples Middle School to the west) is depicted on Exhibit C, the PUD Master Plan, and labeled as "future potential interconnection to Learning Lane, subject to access approval from Collier County School District." Though this note on Exhibit C implies the applicant would attempt to gain approval from the School District for that connection (and application materials state the petitioner is seeking this approval from the School Board), staff believes it should be explicitly stated as a developer commitment on Exhibit E to attempt to gain approval. At the next development order, the applicant would have to provide the connection or evidence of unsuccessful good faith efforts to gain approval for the connection. The proposed on -site preserve area precludes interconnection to the undeveloped lands to the north zoned A, Rural Agricultural. The proposed lake (water retention area) precludes interconnection to the west, unless it is reconfigured; given the small size of the site, reconfiguration may not be possible /feasible. Further, if the connection to Learning Lane occurs, then the benefit of an interconnection to the west would be lessened.] Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [For the most part, this policy is not applicable since this is not a residential project. The required open space is depicted on Exhibit C, the PUD Master Plan. Also, since there is no requested deviation, sidewalks will have to be provided per the LDC. ] Review of PUD Document • Exhibit E, List of Developer Commitments: Add a commitment to: seek approval from the Collier County School District for a connection to Learning Lane; and, to construct that connection during the initial development phase of this project, if approval granted, OR, if approval not granted, to provide evidence to the County of good faith efforts to obtain that approval and of the School District's denial. Based upon the above analysis, the proposed PUD may not be deemed consistent with the Future Land Use Element. One PUD revision is needed as noted above. [It is acknowledged the petitioner wishes to proceed to public hearings to vet this issue.] MEMO ON CD PLUS cc: Ray Bellows, Planning Manager, Zoning Services Section Mike Bosi, AICP, Planning Manager, Comprehensive Planning Section PUDZ- 2005 -AR -8674 Grace Romanian Baptist Church of Naples 2 GACDES Planning ServiceslConsistency Reviews120111PUDZ dw /9 -30 -10 & 1 -21 -11 Page 2 of 2 Packet Page -2126- 5/24/2011 Item 17.A. ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 AN AGRICULTURAL (A) ZONING DISTRICT WITH A PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREATMENT) TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT WITH REMOVAL OF THE ST OVERLAY FOR A PROJECT KNOWN AS GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A 500 SEAT CHURCH, A SINGLE FAMILY RESIDENCE AND PRESCHOOL OF UP TO 150 STUDENTS ALONG WITH OTHER PERMITTED AND ACCESSORY USES COMMONLY ASSOCIATED WITH A CHURCH AND PRESCHOOL USE. THE PROPERTY IS LOCATED AT THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- 2005 -AR -8674) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., representing Grace Romanian Baptist Church of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Grace Romanian Baptist Church / PUDZ- 2005 -AR -8674 Rev. 3/22/11 Page] of 2 Packet Page -2127- 5/24/2011 Item 17.A. Zoning District with a portion of the real property in a ST Overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) Zoning District with removal of the ST Overlay for a project known as the Grace Romanian Baptist Church of Naples CFPUD, in accordance with Exhibits A through E, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: 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 ATTEST: DWIGHT E. BROCK, CLERK. , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Developer Commitments CP \07- CPS- 00640 \51 2011, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Grace Romanian Baptist Church / PUDZ- 2005 -AR -8674 Rev. 3/22/11 Page 2 of 2 Packet Page -2128- EXHIBIT A FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD PERMITTED USES: 5/24/2011 Item 17.A. The Grace Romanian Baptist Church of Naples CFPUD will be developed as a community facility project, including but not limited to, a 500 member religious facility and a 150 student total enrollment preschool (child care) facility. 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: 1. Principal Uses: A. Principal Uses 1. Church (House of Worship) 2. Pre - school (child care), not to exceed 150 students. 3. Single family dwelling, maximum of one (1) unit. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as approved through the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Accessory uses and structures customarily associated with the principal uses permitted in this District, such as multi- purpose buildings, indoor and outdoor recreational uses and facilities, playfields, playgrounds and similar facilities. 2. Essential services 3. Open space and passive recreational uses. 4. Parking 5. Water management facilities. Rev 10 3/23/2011 Packet Page -2129- race Romanian Baptist Church of Naples CFPUD 5/24/2011 Item 17.A. II. Preserve Tract A. Principal Uses: 1. Native vegetation preserve. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Environmental Services Department determines to be compatible in the Preserve Area. B. Accessory Uses: 1. Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LDC. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 3. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. Rev 10 3123/2011 Packet Page -2130- -ace Romanian Baptist Church of Naples CFPUD 5/24/2011 Item 17.A. EXHIBIT B FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD DEVELOPMENT STANDARDS: The table below sets forth the development standards for land uses within the CFPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. DEVELOPMENT:STANDARDS COMMUNITY FACILITY CF PRINCIPAL STRUCTURES . MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN FRONT YARD 50 FEET MIN SIDE YARD 25 FEET MIN REAR YARD 15 FEET MIN PRESERVE SETBACK 25 FEET MIN DISTANCE BETWEEN STRUCTURES 25 FEET MAX BUILDING HEIGHT NOT TO EXCEED ZONED ACTUAL 50 FEET 60 FEET TO TOP OF ROOF AND A MAXIMUM ADDITIONAL 12 FEET FOR CUPOLA AND /OR SPIRE AND STEEPLE ACCESSORY STRUCTURES FRONT *1 25 *1 /50 FEET SIDE S.P.S REAR (ATTACHED) (DETACHED) 10 FEET 15 FEET PRESERVE SETBACK 10 FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE 0 FEET for attached accessory structures; or 1/2 the height of the detached accessory structure or per minimum building code, whichever is greater. MAX BUILDING HEIGHT NOT TO EXCEED ZONED ACTUAL S.P.S. S.P.S. * 1 the 25 foot front yard shall apply only to playground equipment, shade structures, Porte Cache or similar unenclosed accessory structures. S.P.S. = Some as Principal Structures BH = Building Height Rev 10 3/23/2011 Packet Page -2131- race Romanian Baptist Church of Naples CFPUD 1� /1 / •1 � I ��•'�' o w I °G .....,...1....... e� W O ao Z k pp �" 1 1�1 4 08w ;WI N ��I .....,...1....... e� W O ao Packet Page -2132- 5/24/2011 Item 17.A. / / �[Wrnu� 3eI.)N F �W3 w z� �4 a� o� �o �I o V �rw�w �y 3 ?-N; t9z x i14; n Ns aaia s■ 4 � p 3 v I<C p � s G7 • ; � e cbo L� Z Z k pp �" 1 1�1 4 ■ ■ O r I ¢ ��p�pf Hoo Yom.. iS'l'@' wz i U • '� W o� E Ir }m \ . 11 tw- Z O p -'. .�.' .� LL U ❑a 0 z w O p t i. ' i Q . '✓ I V I o f of < =w0 W Ir zw he �C �w LLw I i J Q ' LU I ul G SF ��- I{ W + Y 1 eSlE�E.FSWC_- - - - - -- ` - - — — — — - ui■i.ul....... uiaan .uian.ui.......ul.....u..... ygy�NNWW u UU¢¢a <SK44 W K 4 r SY ;aXR �a �Q N z pp JqF R lY�s zaa �j N W W Packet Page -2132- 5/24/2011 Item 17.A. / / �[Wrnu� 3eI.)N F �W3 w z� �4 a� o� �o �I o V �rw�w �y 3 ?-N; t9z x i14; n Ns aaia s■ 4 � p 3 v I<C p � s G7 • ; � e cbo L� Z Z k pp � 4 O V ¢ ��p�pf Hoo Yom.. iS'l'@' wz i U a o �EoEESR S' E O }m 'o na z w O p t a a zw he �C Oo ul SF 5/24/2011 Item 17.A. EXHIBIT D FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 ALL OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2619, PAGE 188, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH: PARCEL 2 ALL OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. TOGETHER WITH: PARCEL 3 A PORTION OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHWESTERLY OF THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2615 AT PAGE 2828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SAME BEING THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544 AT PAGE 563 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88 057'29 "E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 417.42 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT -OF -WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.42 °13'34 "E. A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12 025'05 ", SUBTENDED BY A CHORD OF 442.88 FEET AT A BEARING OF N.41 033'54 "W., FOR A DISTANCE OF 443.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.88 058'45" W. ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 124.44 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.00 °09'12 "E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.74 FEET TO THE POINT OF BEGINNING. Rev 10 3/23/2011 Packet Page - 2133 -'ace Romanian Baptist Church of Naples CFPUD 5/24/2011 Item 17.A. EXHIBIT E FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Grace Romanian Baptist Church of Naples CFPUD shall be in accordance with the contents of this CFPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CFPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. PLANNING 1. The CFPUD Conceptual Master Plan (Exhibit C) is an illustration of the conceptual development plan. B. ENVIRONMENTAL A minimum of 15% (minimum 1.82 acres) of the existing native vegetation shall be retained on -site in accordance with LDC Section 3.05. C. UTILITIES Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this Ordinance. Rev 10 3/23/2011 Packet Page -2134- ice Romanian Baptist Church of Naples CFPUD 5/24/2011 Item 17.A. 22D • Wednesday, May 4, 2.IDi1 a Naples Daily Newe Neapolitan/Classified snaplesnews.com DRDINANCE_PETITIANS N ARBINAINT MUM NOTICE OF INTENT TO CONSIDER .ORDINANCE Notice is hereby given that on TUESDAY; MAY 24, 2011„ inthe -.,Boardniom, 3rd Floor, Administration . Building, Collier County Government .Center,.-,3299! East T'a- miami.Trail,'Naples, Florida, the Board of ;.County Commissioners will =consider the enactment of a County Ordinance. The meeting will - commence at 9:00 A.M. - The title of the proposed Ordinance is as follows: AN- ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS.OF COLLIER COUW TY, FLORIDA, AMENDING ORDINANCE NUMBER 1004-411—AS `AMENDED; THE COL LIER COUNTY LAND DEVELOPMENT. CODE WHICH INCLUDES THEE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA'7OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE: ZONING ATLAS 'MAP' OR MAPS . BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER- TY FROM AN AGRICULTURAL (A) ZONING. DISTRICT WITH A PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREATMENT) TG.A COMMUNITY. FACILITY PLANNED , UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT WITH REMOVAL .OF THE ST OVERLAY FOR A PROJECT KNOWWAS GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A 500 SEAT CHURCH, A SINGLE FAMILY RESIDENCE AND PRESCHOOL OF 'UP TO 150 STUDENTS ALONG C WITH OTHER PERMITTED AND ACCESSORY USES COMMONLY ASSOCIATED WITH A CHURCH AND PRESCHOOL USE. THE PROPERTY IS LOCATED AT .THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,'COLUER,COUNTY, FLORIDA, CONSISTING OF 12 ± /- ACRES; `AND BY. PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- 2005 -AR -8674) Copies of the proposed Ordinance are on file with the. Clerk to.the Board and are available for inspection. All interested parties are invited to attend -and be heard. NOTE: All persons wishing to speak on any agenda item must register with the b Counttyy administrator prior to presentation of the agenda item to ,.be addressed. Individual speakers will be limited to 3 minutes on any item, The selection of an in- dividual to speak on behalf of an •organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials ,included in the .Board agenda packets must submit said material a minimum of 3:weeks _prior to the respective public hearing. In any case, written materials; intended to to considered by the Board shall be submitted to the appropriate. County staff a minimum of seven days prior to the public hearing. All material used in presentations before.,the Board will become a permanent part of the record. Any person who decides•to appeal a decision of the Board will need a record of'the proceedings pertaining thereto and therefore, rhay need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon -which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost:to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Building W,:" Naples, Florida 34112, (239)252 -6380; Assisted listening devices for the hearing impaired are available in the. County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk ' (SEAL) May 4. 2011, Packet Page -2135- No1e99470