Agenda 05/25/2010 Item #17B
Agenda Item No. 178
May 25,2010
Page 1 of 107
EXECUTIVE SUMMARY
RZ-PL2009-910: Port of the Islands Community Improvement District, represented by
Robert Duane, AICP of Hole Montes, is requesting a Rezone from the Conservation (CON)
and Resort Tourist (RT) Zoning Districts with a Conditional Use for essential services to
the Public (P) Zoning District. Subject property is located on 4.848 acres in Section 4,
Township 52 South, Range 28 East, Collier County, Florida (Companion to V A-PL2009-
1077),
OBJECTIVE:
To have the Board of County Commissioners (BCe) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding the petition; and
ensure the project is in hannony with all the applicable codes and regulations in order to ensure
that the community's interests are maintained.
CONSIDERATIONS:
The petitioner is proposing to rezone the subject site in order to allow for the expansion of the
existing water plant and the upgrading of the wastewater plant and associated essential service
uses. Also planned is a structure that is to function as "a community meeting room" for the
Community Improvement District (CID). All permitted uses by right in the P zoning district
could be developed on site; with the exception of a Collection and Transfer Site for Resource
Recovery. The petitioner has specifically excluded that use from consideration.
The majority of the subject property has Conditional Use approval in the RT and CON zoning
districts via Ordinance No. 92-59, for the existing water and wastewater treatment plant.
Subsequent changes to the LDC no longer allow that use within the CON zoning district,
therefore the petitioner is seeking this rezone. A copy of Ordinance No. 92-59 is included in the
application material. The petitioner is adding a 1.1 acre triangular parcel to the original tract
also.
FISCAL IMPACT:
The rezone by and of itself will have no fiscal impact on Collicr County. There is no guarantee
that the project, at build out, will maximize its authorized level of development, however, if the
rezone is approved, a portion of the land could be developed and the new development will result
in an impact on Collier County public facilities.
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
Pagelof5
Port of the Islands, RZ~PL2009~910
Last Revised 515110
Agenda Item No. 17B
May 25, 2010
Page 2 of 107
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 Countv
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected are only provided for informational purposes; the
information was not included in the criteria used by staff and the Planning Commission to
analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated as Urban - Mixed Use
District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Staff
concludes that this petition may be deemed consistent with the Future Land Use Element. Please
see the attached staff report for the detailed GMP consistency analysis.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since no EIS was completed as part of the rezone action, this petition did not require review by
the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition RZ-PL2009-910 on April I, 2010, and by a vote of 8 to 0 (Tor Kolflat
did not attend) recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of approval subject to the following conditions:
Principal Permitted Uses within this project shall be limited as follows:
A. Within the area that was formerly designated as CON zoning as shown on the attached
zoning map in effect prior to this rezone, the uses are limited to only the following uses:
I. Administrative service facilities.
2. Communication towers.
3. Essential public service facilities.
4. Park and recreational service facilities.
5. Parking facilities.
6. Safety service facilities.
The following uses are specifically prohibited:
I. Child care.
2. Collection and transfer sites for resource recovery.
3. Education facilities.
4. Educational plants.
5. Fairgrounds.
6. Museums.
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Port of the Islands, RZ-PL2009-910
Las! Revised 5/5/JO
Agenda Item No. 17B
May 25,2010
Page 3 of 107
7. Libraries.
B. Within the area that was formerly designated as RT zoning as shown on the attached
zoning map In effect prior to this rezone, the uses are limited to only the following uses:
I. Administrative service facilities (including a community center).
2. Communication towers.
3. Essential public service facilities.
4. Park and recreational service facilities.
5. Parking facilities.
6. Safety service facilities.
7. Libraries.
8. Any other public structures and uses which are comparable in nature with the
foregoing uses.
The following uses are specifically prohibited:
I. Child care.
2. Collection and transfer sites for resource recovery.
3. Education facilities.
4. Educational plants.
5. Fairgrounds.
6. Museums.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
Petitioner is requesting a rezone from the Conservation (CON) and Resort Tourist (RT) Zoning
District to the Public (P) 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 latcr 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.
Criteria for Strai2ht Rezones
I. 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?
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Port of the Islands, RZ-P12009-91O
Last Revised 5/5/10
Agenda Item No. 17B
May 25, 2010
Page 4 of 107
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 de~,'Tee 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.
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.1 06, art.II], as amended?
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Port of the Islands, RZ-PL2009-910
Lasl Revised 5/5/10
Agenda Item No. 178
May 25, 2010
Page 5 of 107
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. -HFAC
RECOMMENDATION:
Staff recommends that the Board of County Commissioners Approve the request for RZ-
PL2009-9l0 subject to staffs and the CCPC conditions of approval as listed in the attached
Ordinance.
PREPARED BY: Kay Deselem, Principal Planner, AICP; Growth Management Division
Attachments: 1) Application; 2) staffreport; 3) location map; 4) Ordinance.
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17B
May 25,2010
Page 6 of 107
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: RZ-PL2009-910: Port of the Islands Community Improvement
District, represented by Robert Duane, AICP of Hole Montes, is requesting a Rezone from
the Conservation (CON) and Resort Tourist (RT) Zoning Districts with a Conditional Use for
essential services to the Public (P) Zoning District. Subject property is located on 4.848 acres
in Section 4, Township 52 South, Range 28 East, Collier County, Florida (Companion to VA-
PL2009-1077) (CTS)
5/25/20109:00:00 AM
Date
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Planner, Principal
Zoning & Land Development Review
5/10/20109:08:05 AM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
5/10/201011:46 AM
Approved By
Date
Ray Bellows
Community Development &
Environmental Services
Manager - Planning
Zoning & Land Development Review
5/10/201012:38 PM
Approved By
Date
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - COES Engineering Services
Engineering & Environmental Services
5/10/2010 1 :58 PM
Approved By
Date
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
5/11/20108:14 AM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Transportation Administration
5/11/201011:15 AM
Date
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
County Attorney
5/12/20109:18 AM
Date
Approved By
OMS Coordinator
Agenda Item No. 17B
May 25, 2010
Page 7 of 107
County Manager's Office
Office of Management & Budget
5/12/20109:42 AM
Approved By
Jeff Klatzkow
County Attorney
Date
5/13/2010 2:22 PM
Approved By
Susan Usher
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
5/17/20109:03 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
5/17/20106:24 PM
A~~l\\WIili!~:~ 7B
May 25.2010
Page 8 of 107
CoWl' County
~
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 1,2010
SUBJECT:
RZ-PL2009-910, PORT OF THE ISLANDS COMMUNITY IMPROVEMENT
DISTRICT (COMPANION TO VA-PL2009-1077)
PROPERTY OWNER/AGENT:
Owner:
Agent:
Port of the Islands Community Improvement District
25000 Tamiami Trail East
Naples, FL 34114
Robert L. Duane, AICP
HoleMontes, Inc.
950 Encore Way
Naples, FL 34110
REOUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone
of the subject site from the Conservation (CON) and Resort Tourist (Rn Zoning Districts with a
Conditional Use for essential services to the Public (P) Zoning District.
GEOGRAPIDC LOCATION:
The 4.801o-acre subject property is located at the terminus of Union Road in Section 4, Township
52 South, Range 28 East, Collier County, Florida. (See location map onfollowingpage)
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner's agent explains in the cover letter dated December 31, 2009 that it is his client's
intention to rezone the subject site in order to allow for the expansion of the existing water plant and
the upgrading of the wastewater plant and associated essential service uses. Also planned is a
structure that is to function as "a community meeting room" for the Community Improvement
District (CID). AIl permitted uses by right in the P zoning district could be developed on site;
with the exception of a Collection and Transfer Site for Resource Recovery. The petitioner has
specifically excluded that use from consideration.
Port oflhe Islands, RZ-PL2009-910
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Agenda Item No. 17B
May 25, 2010
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The majority of the subject property has Conditional Use approval in the RT and CON zoning
districts via Ordinance No. 92-59, for the existing water and wastewater treatment plant. Subsequent
changes to the LDC no longer allow that use within the CON zoning district, therefore the petitioner
is seeking this rezone. A copy of Ordinance No. 92-59 is included in the application material. There
were several conditions attached to that 1992 approval. Most conditions were iterations of what are
now established requirements. Conditions J required the petitioner to provide a canopy tree every 30
linear feet and a 24 inch high hedge along the southern and western boundaries. It does not appear,
based upon aerial imagery that much of any landscape buffers exist now.
The petitioner has added the 1.1 acre triangular parcel indicated by a dashed line, to the original tract
as shown below.
Aerial (2009) subject property boundaries are approximate
The petitioner has provided a conceptual site plan (see attachment) to accompany this rezone
request because this rezone is a companion to a multi-faceted variance request, petition number
V A-PL2009-1077. The variances are noted on the conceptual site plan. This plan shows the
proposed structures, buffers and stormwater management/open space areas as well as the various
tanks and treatment areas. The P zoning district limits building heights to 30 feet of zoned
height or 35 feet in actual height. The petitioner has volunteered to limit all structures to one
story. The site plan indicates that the front, side and rear yard setbacks requirements are all 50
feet. The first variance listed on the conceptual site plan indicates that a variance from the rear
Port ofthe Islands. RZ-PL2009-910
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Agenda Item No. 178
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setback is required for existing structures because those structures were built and approved while
the property was zoned RT which has difference setback requirements. A variance is being
sought to allow a proposed pump facility to be located closer to the rear property line also. For
additional setback information please refer to the Site Design Table information provided later in
this report.
SURROUNDING LAND USE AND WNING:
North: The Rod and Gun Club site and a communication tower, a 52-acre 1ract with a zoning
designation of CON
East: A 630-acre undeveloped preserve 1ract with a zoning designation of CON
South: A 5~ acre cleared but undeveloped site that is part of the Port of the Islands
Development, with a zoning designation ofRT
West: A 5~ acre cleared but undeveloped site that is part of the Port of the Islands
Development, with a zoning designation ofRT
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated as Urban - Mixed Use
District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
Relevant to this petition, the Urban designation allows essential services as defined in the Land
Development Code. Section 2.01.03 of the LDC identifies the proposed use as an essential
service. In addition, the subject property lies within "Port of the islands" and is excerpted below
from the Future Land Use Element.
Port of the Islands is a unique development, which is located within the Urban
Designated Area, but is also totally within the Big Cypress Area of Critical State
Concern. However, a portion of the development was determined "vested" by the State
of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes.
Further, there is an existing Development Agreement between Port of the Islands, Inc.
and the State of Florida Department of Community Affairs dated July 2, 1985, which
regulates land uses at Port of the Islands. Port of the Islands is eligible for all
provisions of the Urban Mixed Use District in which it is located to the extent that the
overall residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan.
Based upon the above analysis, Comprehensive Planning staff concludes that this petition may
be deemed consistent with the Future Land Use Element.
Transportation Element: Transportation Planning staff has reviewed the petition and has
determined that there are no additional PM Peak hour impacts to the adjacent roadway network.
As such, the network has sufficient capacity to accommodate this project within the five-year
planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of
the Transportation Element of the GMP.
Port ofthe Islands, RZ-Pl2009-910
Revised 3/4110
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Agenda Item No. 17B
May 25,2010
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Conservation and Coastal Management Element (CCME): Environmental staff has
evaluated the proposed rezone application. The proposed site plan is consistent with the Port of
the Islands development agreement. No changes are proposed that would impact Parcel I nor the
native vegetation located in the northeast section of Parcel IV. Environmental staff recommends
that this petition be deemed consistent with the pertinent objectives, goals and policies of the
CCME.
GMP Conclusion: The GMP is the prevailing document to support land use decisions such as
this proposed PUD rezone. 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, and any other relevant GMP elements such as the Transportation and
Conservation and Coastal Management Elements is a portion of the overall finding that is
required. In conjunction with the PUD and Rezoning Finding provided later in this report that
address FLUE Policy 5.4, staff believes the petition is consistent with all relevant GMP
elements. Therefore, staff recommends that the petition be found consistent with the overall
GMP.
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 LDC Subsection 10.03.05.1,
Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"),
which establish the legal bases to support the CCPC's recommendation. The CCPC uses these
same criteria as the basis for their recommendation to the Board of County Commissioners
(BCC), who in turn use the criteria to support its action on the rezoning request. An evaluation
relative to these subsections is discussed below, under the heading "Zoning and Land
Development Review Analysis." In addition, staff offers the following analyses:
Environmental Review: Environmental Services staffhas reviewed the petition and the site plan
to address any environmental concerns. There is no ST/ACSC overlay shown over the parcel.
Therefore, this petition was not required to submit an Environment Impact Statement (EIS) nor
was a hearing before the Environmental Advisory Commission (EAC) required.
Stormwater Manaflement Review: Stormwater Management Review Staff (Engineering) has
reviewed this petition and has not voiced any concerns or offered any comments.
TransDortation Review: Transportation Division staff has reviewed the petition and the site plan
for right-of-way and access issues. The project does not have immediate or direct access to a
Public right of way, and access is proposed via a private easement. Since no changes are
proposed to any portion of Public right of way, Transportation Division staff recommends
approval.
Affordable HousinfJ Review: The petitioner did not evaluate nor is he proposing mitigation to
offset any housing demands that may be created by the rezone action.
Zonin1: Review: Staff has evaluated the uses proposed and their intensities and/or densities; the
development standards such as building heights, setbacks, landscape buffers; building mass;
building location and orientation; the amount and type of open space and its location; and traffic
Port oflhe Islands, RZ-Pl2009-910 Page 4 of 11
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Agenda Item No 178
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generation/attraction of the proposed uses. Staff notes that the existing water treatment plan has
existed at this site since the early 1990s seemingly without issue.
The chart below compares the site development criteria of the existing zoning districts (R T and
CON) and the proposed zoning district (P).
Excerpts from lDC Site Design Standards Tables
(lDC Section 4.02.01 ,A)
35
100
All numbers shown are the required minimum amounts except as noted
All numbers shown are in feet unless otherwise noted
The limitations of the P zoning district are tied to the most restrictive adjacent district- in this
case the CON district is the deciding factor
The table and its footnotes show the rezoning to the P zoning district will increase the required
setbacks where the site is currently zoned RT. The site was developed pursuant to the CON and
R T zoning district requirements therefore variances in the P district would be required to allow
the RT zoned structures to remain legally conforming. The variances are discussed in greater
detail in the staff report prepared for the variance petition. In any case, staff is of the opinion that
the proposed change to the P zoning district from the RT and CON zoning districts should not
have an adverse effect upon the surrounding area, especially given the fact that the surrounding
area is largely undeveloped. Additionally, the water and wastewater treatment facility upgrade
will serve the surrounding area, thus the facilities improvement would be a crucial element to
additional development.
According to LDC Subsection 2.03.05.A, the purpose and intent of public use district (P) is to:
Accommodate only local, state and federally lJWned or leased and operated
government facilities that provide essential public services. The P district is intended
to facilitate the coordination of urban services and land uses while minimizing the
potential disruption of the uses of nearby properties.
The proposed use is consistent with the purpose and intent of the proposed zoning district.
Rezone Findinl!S: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning ofland,
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" (The criteria are shown in italicized print
followed by staff's responses provided in bold font):
1. Whether 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.
Port of the Islands, RZ-PL2009-910
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Agenda Item No. 17B
May 25,2010
Page 13 of 107
As noted in the GMP Consistency portion of this report, the proposed development is
eligible for all provisions of the Urban Mixed Use District in which it is located to the extent
that the overall residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan. The project remains consistent with the
goals and objectives of the FLUE and the applicable portions other elements. Therefore,
staff recommends that this petition be deemed consistent with the GMP.
2. The existing land use pattern;
As described in the "Surrounding Land Use and Zoning" portion of this report and
discussed in the zoning review analysis, there is limited development adjacent to the site.
The nearest use is the hotel, which is located approximately 1,000 feet to the south along
Union Road. The nearest residential use is Orchid Cove Condominiums. The nearest
condominium unit is approximately 1,500 feet from the subject site. Additionally, the
condominiums were developed after this site was developed for the water and wastewater
treatment facility. To the northwest is the Rod and Gun Club; that use is approximately
800 feet from the nearest property boundary of the subject site. The uses proposed in this
petition should not create incompatibility issues.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
Although it could be argued that rezoning to the P zoning district for this site would create
an isolated district, the proposed rezoning district is directly related to the adjacent and
nearby districts The P zoning district would allow the owner to update the essential
services that support the allowable uses in the adjacent zoning districts.
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 because
they follow property ownenhip boundaries and provide for a logical expansion of the
existing use.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
As noted in the petitioner's Evaluation Criteria (included in the application material),
there is a need to upgrade the existing facility "to meet current water supply and treatment
regulations of the Florida Department of Environmental Protection [FDEPJ. No increase
in capacity is planned. Only replacements of out-of-date equipment to meet the FDEP
consent order for treatment" is planned,
6. Whether the proposed change will adversely influence living conditions in the neighborhood;
Staff is of the opinion that the proposed change should not advenely influence living
conditions in the neighborhood because much of the site is already developed with a water
plant and wastewater facility.
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Agenda Item No. 17B
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7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the project at this time, This
project was evaluated for GMP consistency as shown in that section of this report. In
addition, the project's development must comply with all other applicable concurrency
management regulations when development approvals are sought.
8. Whether the proposed change will create a drainage problem;
Because much of the site is already developed, the proposed change should not create
drainage or surlace water problems. In addition, the LDC provides development
standards that are designed to reduce the risk of flooding on nearby properties. Any
proposed water management and drainage system will necd to be designed to prevent
drainage problems on site and be compatible with the adjacent water management
systems. The site plan provides water management area which should improve the site's
drainage.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Staff is of the opinion that the proposed rezone will not adversely affect property values,
However, if this petition were approved, any subsequent development would need to
comply with the applicable federal state and local standards for development. This
development should not significantly reduce light and air to adjacent areas; thus the
development proposed, if approved, should not negatively affect light and air permeation
into 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 mayor 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;
Properties abutting this property are largely undeveloped, or the developed area is not
proximate. This site has been utilized for the same use for many years; thus any adjacent
property owner could theoretically be aware of the use, The basic premise underlying aU
of the development standards in the Land Development Code is that their sound
application, when combined with the site development plan approval process and/or
subdivision process, gives reasonable assurance that a change in zoning will not result in
deterrence to improvement or development of adjacent property. Therefore, the proposed
zoning change should not be a deterrent to the improvement of adjacent properties.
Port of the Islands, RZ -P12009-910
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Agenda Item No. 178
May 25,2010
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12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed development complies with the Collier County Comprehensive Plan, known
as the GMP. That document is a public policy statement supporting zoning actions when
they are consistent with said Comprehensive Plan. In light of this fact, the proposed
change does not constitute a grant of special privilege. Consistency with the FLUE is
further determined to be a public welfare relationship because actions consistent with
plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The property already has Conditional Use approval that aUowed the original development,
however as noted previously, the LDC changed the aUowable uses aUowed in the CON
zoning districts such that the use is no longer aUowed. The rezoning is mandated to allow
expansion/redevelopment of the site. 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 needs of the neighborhood or the
County;
As noted previously, the proposed rezone boundary foUows the property ownership
boundaries, Only a smaU portion of land, a 1.1 acre tract, is being added to the already
approved Conditional Use tract, According to the site plan, that tract is to be developed
with the community meeting room. The GMP is a policy statement which has evaluated
the scale, density and intensity of land uses deemed to be acceptable throughout the urban-
designated areas of Collier County, Staff is of the opinion the condition listed below should
limit the project development to what the petitioner has proposed and to that which the
petitioner has committed. This condition will ensure that the project is not out of scale
with the needs of the community, The condition is as foUows:
The Collection and Transfer Site for Resource Recovery use is not an aUowable
use on this site; that use was voluntarily excluded by the petitioner.
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, those sites may not be as proximate to the water and wastewater treatment
facilities users. This site is the logical location and it is already being utilized the water and
waste water treatment facility use. The petition was reviewed on its own merit for
compliance with the GMP and the LDC; and staff does not review other sites in
conjunction with a specific petition. The proposed rezone is consistent with the GMP as
discussed in other portions of the staff report.
Port of the Islands, RZ-PL2009-910
Revised 314110
Page8of11
Agenda Item No. 17B
May 25, 2010
Page 16 of 107
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
The site has already been developed with the use proposed; however, additional site
alteration would be required to accommodate the proposed site plan, This project will
undergo extensive evaluation relative to aU federal, state, and local development
regulations during the site development plan 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 of service adopted in the Collier County Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance,
as amended
The project will have to meet aU applicable criteria set forth in LDC Section 6.02.00
regarding Adequate Public Facilities and the project wiD need to be consistent with aU
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 penons have concluded that no Level of Service wiD be advenely impacted with
the proposed rezone.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCe)
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 Neighborhood Information Meeting was held on Thursday, February 25,2009, at 5:30pm, at
the Port-of-the-Islands Resort and Marina. Kay Deselem, AICP, Principal Planner from Collier
County staff opened the meeting followed by a short presentation by Robert Duane, AICP of
Hole Montes, Inc. Two members of the Port-of-the-Islands Community Improvement District
were in attendance along with one other interested party. After the meeting closed at 5:45pm,
one other resident did arrive and he was briefed on the project.
The presentation described the requested zoning and variance application which is a companion
application to the zoning application. Mr. Duane indicated in his presentation the CON District
no longer allows sewer and water facilities as a permitted use thus necessitating the need to
rezone the subject to the P District from the RT and CON Districts, a portion of the subject
property currently has a Conditional Use for sewer and water facilities.
Mr. Duane advised the attendees that the use of the property in the P District would only be for
uses that served the needs of the Port-of-the-Islands. The collection and transfer sites for
resource recovery was a prohibited use in the proposed rezoning application as this was the most
noxious use in the list of permitted use in the P District [in his opinion] and that use would not
appear to serve the needs of the residents of the Port-of-the-Islands well. The attendees agreed.
A hand-out of permitted uses for both the existing and the proposed zoning was provided. The
Port of the Islands, RZ-PL2009-910 Page 9 of 11
Revised 3/4110
Agenda Item No. 178
May 25,2010
Page 17 of 107
handout was accompanied by a cover letter that reiterated the commitment that transfer sites for
resource recovery was a prohibited use. The meeting adjourned at 5:45p.m.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on March 10,2010.
RECOMMENDATION:
Staff recommends that the CCPC forward Petition RZ-PL2009-91O to the BCC with a
recommendation of approval with the following condition:
The Collection and Transfer Site for Resource Recovery use is not an allowable use
on this site; that use was voluntarily excluded by the petitioner.
Port oflhe Islands, RZ-Pl2009-910
Revised 3/4110
Page 10 of 11
Agenda Item No. 17B
May 25, 2010
Page 18 of 107
PREPARED BY:
~~ ~ ()./d,7/IO
KA D ELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
REVIEWED BY:
/2~_..) Q /iuP - 3'Z../O
RA YMINi:> V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
~{J~ O\-P ~ o3.o4-ZoID
Jl3.~ D: L~., DIRECTOR DATE
DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING
AND ZONING SERVICES
~\.~t"
MINISTRATOR DA ~
ENVIRONMENTAL SERVICES DIVIS ON
Tentatively scheduled for the June 8, 20 I 0 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
t;j~~f.~~
'-(-(<;i"-(()
DATE
Port oflhe Islands, RZ-PL2009-910
Revised 2/27/10
Page 11 of 11
Co~r County
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Agenda Item No. 17B
ORmtN~i
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
STANDARD REZONE APPLICATION' ....
PROJECT NO
PROJECT NAME
DATE PROCESSED
[
RZ.PL2009.910 REV: 2 ~
PORT OF THE ISLANOS
COMPANION: VA.PL2009.1077..
DATE: 2119110
DUE: 3119110
APPLICANT/AGENT INFORMATION
NAME OF APPLlCANT(S) PORT-OF-THE-ISLANDS COMMUNITJY IMPROVEMENT DISTRICT
ADDRESS 25000 TAMIAMI TRAIL EAST CITY NAPLES STATE FLORIDA ZIP 34114
TELEPHONE # 239-254-2000 CELL # WA FAX # 239-254-2097
E-MAIL ADDRESS:RONBENSON@HMENG.COM
NAME OF AGENT ROBERT L. DUANE, AICP/HOLE MONTES. INC.
ADDRESS 950 ENCORE WAY CITY NAPLES STATE FLORIDA ZIP 34110
TELEPHONE # 239-254-2000 CELL # WA FAX # 239-254-2099
E-MAIL ADDRE5S:BOBDUANE@HMENG.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
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Agenda Item No. 17B
May 25, 2010
Page 20 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition. Provide
additianal sheets if necessary. Information can be found an the Board of County Commissioner's website
at htto:/ Iwww.collieraov.net/lndex.osox2Dcce=77 4
NAME OF HOMEOWNER ASSOCIATION: THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT
DISTRICT (WHILE NOT AN HOA FOR PRACTICAL PURPOSES. FUNCTIONS LIKE ONE)
MAILING ADDRESS 25000 T AMIAMI TRAIL EAST CITY NAfill STATE .E!, ZIP 34114
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
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Agenda Item No. 17B
May 25, 2010
Page 21 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
DISCLOSURE OF INTEREST INFORMATION
a. If the property is owned fee simple by on INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list 011 parties with on ownership interest os well
os the percentage of such interest. (Use additional sheets if necessary).
Name and Address % of Ownership
Port of the Islands Community Improvement District, on independent
special district established pursuant to Chapter 1 90 FL Stat
25000 Tamiami Trail East, Naples, FL 34114
-
b. If the property is owned by 0 CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
% of Ownership
c. If the property is in the nome of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
% of Ownership
Co~'Y Cow.nty
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Agenda Item No. 17B
May 25,2010
Page 22 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
d. If lhe property is in the name of a GENERAL or LIMITED PARTNERSHIP, list lhe name
of lhe general and/or limited partners.
Name and Address
% af Owner.hh,
e. If lhere is a CONTRACf FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list lhe names of lhe contract purchasers
below, Including the officers, stockholders, beneficiaries, or partners.
Name and Addres.
% of Ownershi..
Date of Contract:
f. If any contingency clause or contract terms involve additionol parties, list 011
individuals or officers, if 0 corporation, partnership, or trust.
Name and Addres.
g. Dote subject property, acquired [Zj leased 0 8/30/1994 & 12/22 2009 Term of
lease _ yrs../mos.
If, Petitioner has option to buy, indicate dote of optlon:!iLA and dote option
Co1N~r County
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Agenda Item No. 178
May 25, 2010
Page 23 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
terminates:!'UA. ar anticipated dosing date .t!LA
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.
Co~l" County
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Agenda Item No. 17B
May 25, 2010
Page 24 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX (239) 643-6968
PROPERTY DESCRIPTION
Legal Description of Subjecl Property: (If space is inadequate, attach on separate page.) If request involves
change to more than one %onlng 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 concernin.g the
legal description, on engineer's certification or sealed survey may be required.
Seclion/TawnshipjRange 04 j ill j ill
lot: HJ.A Block: HJ.A Subdivision: HJ.A
Plat Boak N.LA Page #: HJ.A Property I.D. #: 01058920209
Metes & 80unds Description: See attached leaal desrh,tion
Size of orODertv: Irreaular ft. X _ ft. = Tatal Sq. Ft. _ Acres 4.848
Address/aenerallocatian of subiecl praDertv: 12700 Union Road. Naples. FL 34114
ADJACENT ZONING AND LAND USE
Zanina land Use
N CON VACANT & COMMUNICATION TOWER
s RT VACANT
E CON-ACSC/ST VACANT
w RT & CON VACANT & GUN RANGE
Does the owner of the subjecl 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).
SectionfTownshipjRange -! -!_
Subdivision: Lot: Block:
Plat Book: _ Page # _ Properly I.D.#: _
NOT APPLICABLE
Metes & Bounds Description: _
Co1N~r County
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Agenda Item No. 17B
May 25, 2010
Page 25 of 107
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX. (239) 643-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLJERGOV.NET
REZONE REQUEST
This application is requesting a rezane from the CON & RT zoning district(s) to the f. zoning dislrict(s).
Present Use of the Property: Sewer and water facilities and vacant land.
Proposed Use (or range of uses) of the properly: Essential services (sewer and water includina community
meetina room).
EVALUATION CRITERIA
Pursuant to Section 10.03.05.H. of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Plonning 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
ony backup materials and documentation in support of the request.
SEE ATrACHED EVALUATION CR:ITERIA
Standard Rezone Considerations fLOC Section .) O.03.05.H.l
) . Whether fhe proposed change will be consistent wifh the goals, obiectives, and policies and future land
use map and the elements of the growth management plan.
2. me existing lond use peffern.
3. The possible erection of an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries ore illogically drawn in relation to existing conditions on the
property for the propesed change.
5. Whether changed or changing conditions mdke the passage of the proposed amendment (rezone)
necessary.
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
7. Whether the proposed change will crecte or excessively increase traffic congestion or crecte types of
traffic deemed incompetible with surrounding land uses, because of peck volumes 01' proiected types of
vehicular traffic, including activity during construction phases of the development, or otherwise affect
public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to odiocent areas.
7 O. Whether the proposed change will seriously affect property values in the odiocent area.
eo:mr County
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Agenda Item No. 17B
May 25,2010
Page 26 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
I 7,' Whether the proposed change will be a deferrent to the improvement or development of adjacent
property in accordance with existing regulations.
12. Whether the proposed change will constilvte a grant of special privilege to an individual owner as
contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in dis/ricts
already permiHing such use.
16. The physicol characteristics of the properly and the degree of site alteration which would be required
to make the properly usable for any of the range of pofential uses under the proposed zoning
clossificaf,'on.
17. The impoct of development on the availability of adequate public facilities and services consistent with
the levels of service adopted in the Callier County growth management plan and as defined and
implemented through the Collier County Adequafe Public Facilities Ordinance [Code ch, 106, art. If],
as amended.
I B. Such other fadors, standards, or criteria that the board of county commissioners shall deem important
in the protection of the public health, safety, and welfare.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities have adopted such restrictions. You mey wish to contact the civic or property owners association in
ille 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 prapertv: To your knowledge, h,?s a public hearing been held on
this property within the last year? If so, what was the na11Jre of that Hearing?
No
OfficiallnterDretations or Zonina Verifications: To your knowledge, has there been an official interpretatian
or zoning verification rendered on this property within the last year? ~ Yes 0 No
If so, please provide copies.
Additional Submil1al requirement., In addition to this completed application, the following shall be submitt~d
in order for your application to be deemed sufficient, unless otherwise waived during the pre-application
meeting.
a. A copy of the pre-application meeting notes;
Co~T County
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Agenda Item No. 17B
May 25, 2010
Page 27 of 107
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLJERGOY.NET
b. If lhis rezone is being requested for a specific use, provide fifteen (15) copies of 0 24" x 36"
conceptual site plan (16 copies if for affordable housing) [and one reduced 8V," x 11" copy
of site plan], drown to a maximum scale of 1 inch equals 400 feet, depicting the following
[Additional caples of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental Advisory
Board (EAC), or CCPC);
all existing and proposed structures and lhe dimensions thereof,
. provisions for existing andlor proposed ingress and egress (including pedestrian Ingress and
egress to the site and the structure(s) on site),
. all existing andlor proposed parking and loading areas [include matrix Indicating required
and provided parking and loading, Including required parking for lhe dlsabledJ,
required yards, open space and preserve areas,
proposed locations for utilities (as well as location of existing utility services to the site),
· proposed andlor existing landscaping and buffering as may be required by the County,
c. An architectural rendering of cny proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of lhe land
Development Code (lDe) , or a request for waiver If appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken wilhin the
previous twelve monlhs), minimum scale of one inch equals 400 feet, .shall be submitted. Said
aeriol shall identify plant andlor wildlife habitats and lheir boundaries. Such identification
shall be consistent with Florida Department of Transportation land Use Cover and Forms
Classification System. Additionally, a calculation of the acreage (or square feet) of native
vegetation on site, by area, and a calculation and location(s) of lhe required portion of native
vegetation to be preserved (per lDC Section 3.05.07.B.1.).
f. Statement of utmty provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (llS), unless waived at the pre-application meeting;
h. A hi>torical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
i. Any additional requirements os may be applicable ta specific conditional uses and identified
during lhe pre-application meeting, including but not limited ta any required state or federal
permits.
Seelion 10.03.05.B.3. of the land Development Cade requires an applicant to remove their public hearing
advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's
final aelion on this item, please remove all public hearing advertising sign (s) immediately
Co~r County
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Agenda Item No. 17B
May 25,2010
Page 28 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT
DISTRICT
2. MAILING ADDRESS: 25000 TAMIAMI TRAIL EAST
CITY NAPLES STATE FL ZIP 34114
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 12700 UNION ROAD
4. LEGAL DESCRIPTION:
Section: 04 Township: 52S Range: 28E
Lot: N/A Block: N/A Subdivision: N/A
Plat Book
Page #:
Property I.D.#: 01058920209
Metes & Bounds Description: See attached legal description
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM rgJ
PROVIDE NAME The Port-or-the-Islands CID
d, PACKAGETREATMENT PLANT D
(GPD capacity) _
e. SEPTIC SYSTEM D
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM D
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM rgJ
PROVIDE NAME The Port-of-the-Islands CID
d. PRIVATE SYSTEM (WELL) D
7. TOTAL POPULATION TO BE SERVED: N/A
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK N/A AVERAGE DAILY N/A
B. SEWER-PEAK N/AAVERAGEDAILYN/A
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Agenda Item No. 17B
May 25, 2010
Page 29 of 107
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
A~ WATER-PEAK NjA AVERAGE DAilY N/A
B. SEWER-PEAK N/AAVERAGEDAllYN/A
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A.
10. NARRATIVE 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 effluent 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.
11. 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
pennits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
12. 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.
Utility Provision StatementRJM 10117/97
Co1ff~r County
~
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
BLAlIIK PAGE
Agenda Item No. 17B
May 25,2010
Page 30 of 107
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
Co~T County
~
Agenda Item No. 17B
May 25.2010
Page 31 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
REZONE - STANDARD (RZ) 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 SUMBITT AlS Will NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
Additional set if located in the Bayshore/Gateway Triangle [X
Redevelooment Area 1
Comoleted Aoolicotion (download from website for current form) 20 l5<
Pre~Aoollcation meetina notes 20 l5<
Deeds/leaal's 3 rx
list identifvino Owner & 011 parties of corporation 2 [gJ
Owner / Aaent Affldav~ sianed & notarized 2 I><
Comaleted Address/no Checklist 2 I><
Environmental Impact Statement (ElS) and digital/electronic copy of EIS or n
exemotion justification 3 [gJ
Historical Surveyor waiver reauest 4 [gJ
Utilitv Provisions Statement w /sketches 4 0 15<1
Survey _ sianed & sealed 4 [gJ n
Traffic Imoact Statement (TIS) or waiver Iw~h applicable fees) 7 15<1 n
Recent Aerial Photograph (with habitat areas defined) min scaled 1 "-400' 0 [gJ
5
Electronic copY of all documents and plans (CORam or Diskette) 1 15<1 0
Project Narrative 20 15<1 n
Site Plans 20 [gJ
Inocated in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Applicant must contact Mr. Gerry 1. 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.
Fees:
r:r
[gJ
[gJ
[gJ
o
o
[gJ
[gJ
Applicat;on Fee, $6,000 + $25 per acre
$100.00 F;re Code Rev;ew
$750.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre.-
application meeting shall not be credited towards application fees and a new preMappJication meeting will be
required).
$2500,00 Environmental Impact Statement review fee
$1000.00 listed/Protected Species Survey (If EIS not required)
$925.00 legal Advertising costs for cepe meeting (to be reconciled upon receipt of invoice from Naples Doily
News).
$500.00 legal Advertising costs for Bee meeting
Separate Check for Transportation Fees (Refer to Exhibit A):
o $500.00 Methodology Rev;ew Fee
"'Additional Fees to be determined at Methodology Meeting Fee Total $ 7,900.00
Note' An additional fee for the 5'h and subsequent re-submlttal Will b)7essed at 20% of the Original fee.
,;::2./J ~ 2/7 ~e/V
AppJu::ant / Agent SIgnature Date
Agenda Item No. 17B
May 25, 2010
Page 32 of 107
AFFIDAVIT
WefI. THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT being first
duly sworn, depose and say that well amlare the owners of the property descn'bed 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 It part of this application, ate honest and true to the
best of our knowledge and belief Well understand that the information requested on this
application must be complete and accurate and that the content of this foDD, 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 Well further authorize ROBERT L. DUANE. MCP & RONALD E.
BENSON. JR.. PH.D.. P.E. to act as our/my representative in any matters regarding this Petition.
)fJ~~
Signature of Property Owner
DALE LAMBERT. CHAIRMAN OF THE
PORT-OF- THE-ISLANDS COMMUNITY
IMPROVEMENT DISTRICT
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The fgregOi'fJ.,1lStrument was adawwledged before me this ~ day of (Jt;p _ .
200C? , by &.. L.:i jY1 b", r + who is personally known to me or has produced
F'L [) L as identification.
State of Rorida
COWlty of Collier
(Signature 0
Notary Stamp
. C;\Dooum_ aDd Scttings\Da1. LambcrtlLooal SottingslTomparmy _FilcsIOLKB2IAffidavil. R<:zonc.doc
Agenda Item No. 17B
May 25, 2010
O~ ftil 'tf A l
AFFIDAVIT
We!I, THE PORT -OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT being first
duly sworn, depose and say that we!I amlare 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 Well further authorize ROBERT L. DUANE. AICP & RONALD E.
BENSON. JR.. PH.D.. P.E. to act as ourlmy representative in any matters regarding this Petition.
):J~~~
Signature of Property Owner
DALE LAMBERT. CHAIRMAN OF THE
PORT -OF- THE-ISLANDS COMMUNITY
IMPROVEMENT DISTRICT
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The fPregOirJ;,nstrument was acknawledged before me this ~ day of ()cp _ .
200Q, by k L4'" be" r + who is personally known to me or has produced
FL [)L as identification.
State of Florida
County of Collier
(Signature 0
Notary Stamp
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 211/10
C:\Documcnts and Settings\Dale Lambert\Local Settings\Tempomry Internet Files\OLKB2\Affidavit - Rezone.doc
Co1ff:l' County
~
Agenda Item No. 17B
May 25,2010
Page 34 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
DISCLOSURE OF INTEREST INFORMATION
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such Interest. (Use additional sheets if necessary).
Name and Address % of Ownership
Port of the Islands Community Imnrovement District an Independent
special district established pursuant to Chapter 190, FL Stat
25000 Tamiami Trail East Naples, Fl 34114
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
% of Ownershi"
.
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
% of Ownership
RZ-PL2009-910
REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 2/1/10
"-~._.-.<
Co~T County
~
Agenda Item No. 178
May 25, 2010
Page 35 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
% of Ownership
e. If there Is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
% of OwnershiD
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired I2J leased 0 8/30/1994 & 12/22 2009 Term of
lease _ yrs./mos.
If, Petitioner has option to buy, indicate date of option: !::lL6 and date option
Co~'Y County
~
Agenda Item No. 17B
May 25, 2010
Page 36 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
terminates: JiLA, or anticipated closing date .b!LA
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.
DEVELOPMENT AGREEMENT
Agenda Item No. 178
May 25, 2010
Page 37 of 107
This Agreement is between the Port of the Islands Co=unity Improvement District (CID),
whose address is c/o District Offices, 5726 Corporation Circle, Ft. Myers, FL 33905 and BRH
Enterprises, LLC, a Florida limited liability company (BRH), whose address is 425 Ridge Ct.,
Naples, FL 34108.
A. BRH is the current owner of a certain parcel of property within the boundaries of the CID
and adjacent to property owned by the CID on which the CID operates a waste water trea1ment
facility and potable water production and trea1ment facility.
D. BRH wishes to have the right to relocate Union Road in the future.
E. CID is willing to allow ilie facilities to be relocated under the terms of this Agreement.
NOW TIffiREFORE, in consideration of the premises and the mutual covenants contained
herein, which together are adequate and sufficient consideration for ilie promises to be kept, ilie
parties agree as follows:
I. BRH is authorized to retain ilie current configuration of Union Road along the western
portion of ilie CID's water and wastewater trea1ment plant site and is auiliorized to modify the
alignment of Union Road in ilie future when preparing site development plans for BRR's
property, provided BRR completes ilie construction of the road at its expense and to standards
which Collier County will require at iliat time. Placement ofilie final asphalt lift will be
coordinated wiili the CID's repaving ofilie souiliern portions of Union Road. Union Road must
remain a public road for access to the CID utilities property and ilie Gun Club and for auiliorized
access to state lands north ofilie CID boundaries. BRH grants to CID temporary right of use of
ilie transitional segment between ilie existing alignment and new road alignment until such time
as BRH identifies the final alignment of Union Road. .
2. BRH will transfer to CID by quit claim deed within thirty days of this Agreement a parcel
ofland consistiIig of one acre adjacent to the CID's water and wastewater trea1ment plant site to
replace ilie previously permitted and constructed stormwater management system. The location
ofilie subject property is illustrated in Exhibit 1 as "Parcel A", being approximately 1.116 acres.
CID recognizes and acknowledges that Parcel A will have 6 ERCs allocated to it.
3. BRH shall provide a minimum lO-foot-wide easement for any existing CID pipelines
which may no longer be within the existing 35 foot Union road right-of-way following any
realignment of Union Road; and shall pay all costs associated wiili relocating any such pipelines
in ilie event relocation is desired by BRH. Any such relocation of utilities will be in accordance
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 211110
Agenda Item No. 176
May 25, 2010
Page 38 of 107
with plans approved by the CID's engineer and shall meet Collier County utility standards. A
portion of the future pavement may be located over CID's existing lineal utility facilities.
Agreeing to be bound, the parties have executed this Agreement on the date indicated.
WITNESSES
Port of the Islands Community Improvement
District, an in~ district
Q~v
D~eLwnbe~cnwnnan '
Date: \ ,,\ ~'"
Signature
PrinfNwne
~
~~:M t;.
Print Name
c::::::::-.-
Bev-.'::>uv--- ~.
/
STATE OF FLORIDA
COUNTY OF COLLIER
Acknowledged and subscribed before me on thi~~Of 8J~ ,2009, by
D~e Lambert as chwnnan of the Port of the Islands Community Improvement District. He is"kf
person~ly known to me or U produced as identification.
(SFAL) ~;t---
Notary Pub I
+"<~~~~ CoILVIN'IEAGUE
*.~.. MYCOMM/SSlONfDD615B04
~~ EXPIRES:November19,2010
....OFf\,d". BondofllwIl<ldgolHolatys,,,,,,"
WITNESSES
In Il~
Signa!::J
'I~l\~ I-l G1USTIZ!Il.
Pitw~
S1:1e
~C;,~b~
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item No. 17B
May 25, 2010
Page 39 of 107
BRH En rprises, LLC, a Florida limited
ompany~
Bruce R. Holecek, Manager
Date: /o/,;} q /0 q
Acknowledged and subscribed before me on this ~ day of October, 2009, by Bruce R. Holecek,
as Manager of BRH Enterprises, LLC, a Florida limited liability company, on behalf of said
company. I;:!e is personally known to ~.
H.GJUSTlZIA
Jt;. jj.~~
Notary ~lic ' ~
Agenda Item No. 178
L.JM May 25,2010
.... Page 40 of 107
HOLE MONTES
ENGMERS'Ft.ANIIRS.lUl\mDlS
""""""1JlCIII<CIIJIE
95DErn:ontWIIf'Haples.Aorlda341tO'Pbone::2'39.2S4.2000'FIX:239.254..2075
HM PROJECT #2008.011
4J29J2008
REF. DWG. #8-6355'
LEGAL DESCRJPTION:
A PARca OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOU1H, RANGE 28
EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 52 SOUTH. RANGE 2B EAST. COWER COUNTY, FLORIDA; THENCE RUN S.OO'3T46"E..
ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING OF THE PARca OF LAND HEREIN DESCRIBED:
THENCE CONTINUE S.00"37'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 4. FOR A DISTANCE OF 334.23 FEET: THENCE RUN N.45'37'46"W., FORA DISTANCE OF
269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE .
RIGHT. HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAl. ANGLE OF 45'00'00" SUBTENDED
BY A CHORD OF 63.14 FEET AT A BEARING OFN.23'OT46"W.. FORA DISTANCE OF 64.60 FEErTO
THE END OF SAID CURVE; THENCE RUN N.00"37'46"W., FOR A DISTANCE OF 65.06 FEEr: THENCE
RUN N.69"22'14"E.. FOR A DISTANCE OF 215.00 TO THE POINT OF BEGINNING: CONTAINING 1.116
ACRES. MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AS BEING
S.OO"3T46"E.
HOLE MONTES, INC.
CERTIFICATE OF AU1HORIZATlON LB # 1772
BY:~~'~
TH MASM.M RP
P .S.M. #5628
STATE OF FLORIDA
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Agenda Item No. 178
1863946 OR: 1989 PG: l05f'1ay 25, 2010
_ II _ _ If lIWII_i'ie 42 of 107
"/lJ/" II II.. _I. -. ems
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...... Dl _ Dl05892020~
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Warranty Deed
n.JaIadoDlare, Mado.... 3<' daJcf August:,lJ94 A.D.. -
PORT 01' TBB ISLAlCDS, INC.., a corporation existing under the 1aws
of the s\:at:e of F10rida
,graotor,alllt
PORT 01/ TBB ISI.1OO>8 COlIMlDll:TY IMPROYBMENT DISTRICT, a polit:;,cal
subdivision,
_......lr.l030D NW 11th MllNOR., COIlAL SPRINQS. I/lorida 33071
F10rida
, J:rllIllte.
g~~:l%~'iier (Corporate Seal)
..._--_......-.... .3o"fj. .....~ August, 094 .,.
TIIOMAS L. BlUlllIlRD. President: of PORT 01/ TBB iSLdDs; INC.,
.....;i;~;:>. ' .....'"'-:."::::'~:: 1'''' . Florida ~
~~.~
Printed Name,!... :1". h,. " i ::;
NOTAUI'U1II.IC'
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Page 43 of 107
l"ltOPDCTY CESeJlPDOM
" ,..w::n. rr LAND LQCArtD IN I'H[ EAST 1/2 or stCllOH 4. 10M1~ M
SCIIn\, lICANC:C 21 rAST. CQ.Ut. cOJN1'T. l'\llRIDA.. etmG MMt
PMmCl.A.NILY CICSCMtEO .., Ft'Lt.OlIo'S:
[.\$T 1/" COItHER OF SECTlQtl .. IO\lNI:HlJI' 52 SOlUM, RANCC
COUHT'f'. I\.ORIO~ YHOfCt RUM s. ClO'ZO'I.r' ...
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nEt: 1HDICt: AUK N. 1I";1S'"r ...
p TO 'lHt tAU t.lHC OF 1Mt SCUK,t,$T ". t$ s..o SEC'I'lCW
" fTIf A IlISlANCE OF %:10.00 JUf: WHCE RlJJf H. 00"21113" L.
PAAAUA NtH JMt EAsr 1\'1[ oF 'tH[ sou1MtA$r t/. OF SAD KC'JIOH 4,
rcR A. ClISTAHCt or Jso.aJ FIt,: ll1ENCE RUN N. ocnt'Ol- t..
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fNC NOIl1)Cut "I. OF PID s:a:atIt ". F'Qlt A
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"NOT A SURVEY"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION.
OF
A PORTION OF THE E.1/2 OF
SEC. 4, TWP.52S., RGE.28E.
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Agenda Item No. 178
May 25,2010
Page 45 of 107
Prepared by:
Daniel H. Cox, P.A., Attomey at Law
P.O. Drawer CC
CalTabelle, FL 32322
(850) 697-5555
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 211/10
SPECIAL WARRANTY DEED
THIS INDENTURE, made and executed this .;2..2- day of ~ , 2009, by
BRH ENTERPRISES, LLC, a rlorida limited liability company whose address is 425
Ridge Court, Naples, rL 434108, hereinafter called "Gmntor", and Port of thc Islands
Community Impro\'cment District, an independent special district established pursuant
(0 Chapter 190, Florida Slatules, whose address is 5726 Corporation Circle, Ft. Myers,
rL 33905, hereinafter called "Grantee."
(Whenever used herein, the terms "Gr<!ntor" and "Grantee" include all the parties 10 this
instrument and the heirs, legal representatives, and assigns ofindividuals, and the
successors and assigns of corporations, trusts, and trustees.)
Witnesseth, that the Grantor, for and in consideration or the sum ofTen and 00/100
Dollars ($10.00), and other good and valuable consideration paid by Grantee, the receipt
or which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee
and Grantee's heir and assigns lorever, the following described land (the "Property"),
situate, lying and being in the County of Collier, Slate or Florida, to wit:
See attached Exhibit "A" being a parI of Collier Count)' Parcel Identification
Number 01058920005.
Subject to zoning, building code and other use restrictions imposed by governmental
authority and all mailers which a reasonable search orlhe Public Records of Collier
County, Florida would discover.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining, including but not limited 10, casements, utility reservations,
all governmental and other approvals pertaining (0 the Property and specifically
transferring as a part of this conveyance, six oflhe equivalent residential connections
held lor the benefit of Grantor's property.
TO HAVE AND TO HOLD, the same in fee simple forever,
AND the Grantor docs hereby covenant with Grantee that. except as noted above. at the
time of delivery of this deed the land was n'ee from all encumbrances madc by Grantor.
Agenda Item No. 17B
May 25, 2010
Page 46 of 107
and Grantor will warrant the Ii tie to said land :md defend the same against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against
none other.
IN WITNESS WHEREOF, the Grantor has hereunto sel his hand and seal the da)' and
year lirst above written.
Signed, scaled and delivered
in our presence
/11a Ilkd:'
Signat~ . 0-
BRI-I ENTERPRISES, LLC, a Florida
limited liability company
By: ~ /~~
Bruce R. lloloeek, Manager
'\1 AI'lV H GIUSTIZIft..
Printed Namc
(SEAL)
~
Signature
/r41~.Jt.t1 ~~c..
Printed Name
STATE OF FLORIDA
COUNTY OF ~ r(.-...--
The foregoing instrument was acknowledged beforc me this .,2')- day ot~ 2009,
by Bruce R. Holocek, Managcr of BRH Enterprises, LLC, a Florida limited liability
company. lie ~ is personally known to me or I_I produced as identilication the
following document:
~
Notary Public
Agenda Item No. 178
May 25, 2010
Page 47 of 107
HM
HOLE MONTES
_. PWI\9IS' SUMYalS
IANlSCAFEAACII1tCIlJE
950 Encore Way. NIjIles, F1aridlI34llO' _: 239.254.2000' Fax: 239.254.2075
HM PROJECT #2008.011
4/2912008
REF. DWG. #9-6355
t:K'h~b(:j I)
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COlLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED N3 FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OO"37'48"E.,
ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF lAND HEREIN DESCRIBED;
THENCE CONTINUE S.00"37'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 4, FORA DISTANCE OF 33423 FEET; THENCE RUN N.4S"37'46'W., FOR A DISTANCE OF
269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEASTER\. Y; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45"00'00' SUBTENDED
BY A CHORD OF 63.14 FEET AT A BEARING OF N23"07'48'W., FOR A DISTANCE OF 64.80 FEET TO
THE END OF SAID CURVE; THENCE RUN N.00"37'46'W., FOR A DISTANCE OF 85.06 FEET; THENCE
RUN N.89'22'14"E., FOR A DISTANCE OF 21~.00 TO THE POINT OF BEGINNING; CONTAINING 1.116
ACRES, MORE OR LESS,
THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA N3 BEING
S.00"37'46"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY:~~' ~
TH MASM.M RP
P.S.M. #5628
STATE OF FLORIDA
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HOLE MONTES
ENGINEERS . PlAN~ . S!AM:'l'rnlS
LANDSCAPE ARCHITECTS
Agenda Item No. 17B
May 25, 2010
Page 49 of 107
December 31, 2009
950 Encore Way. Naples, Florida 34110, Phone: 239.2542000' Fax: 239.254.2099
VL4 HAND DELIVERY
John Podczerwinsky, Project Manager
Collier County Transportation
2885 South Horseshoe Drive
Naples, FL 34104
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 2/1/10
Re: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
HM File No.: 2009.020
Dear Mr. Podczerwinsky:
As a follow-up to our discussion, a T.I.S. will not be required for the above-referenced project.
The fire district is no longer paJi of the request, however, a community meeting room for the
Port-of-the-Island Cornmunity Improvement District is now included in this application. This is
not home owners association, but a branch oflocal government.
The meeting room will be used for monthly meetings of the Board of Supervisors who are
elected through the elections conducted by the Collier County Supervisor of Elections. As we
previously discussed, cornmon area facilities that draw traffic from within the development are
not evaluated for traffic impacts.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
HOLE MONTES, INC.
~~-
Robert L. Duane, A.I.c.P.
Planning Director! Associate
RLD!sek
H:\20D9\2009020\LD\RexoneVP 091231 ltr re TIS.docx.
HM
HOLE MONTES
ENGINEERS . PlANNERS . SURVEYORS
LANDSCAPE ARCHITECTS
Agenda Item No. 17B
May 25, 2010
Page 50 of 107
950 Encore Way' Naples. Florida 34110. Phone: 239.254.2000' Fax: 239.254.2099
December 3 I, 2009
VIA HAND-DELIVERY
Danelle Carrel, Intake Planner
Collier County Government
Community Development Services
2800 North Horseshoe Drive
Naples, Florida 34104
RZ_PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA_PL2009-1077
DATE: 12/31/09 DUE: 2/1/10
RE: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
HM File No.: 2009.020
Dear Ms. Carrel:
Please find attached twenty (20) copies of an Application to Rezone 4.848 acres from the RT
District and the Conservation Zoning District (CON) and Resort Tourist District (RT) with a
Conditional Use for essential services (sewer and water facilities) for the Port-of-the-Islands to
the Public Zoning District "P" for property located at the Port-of-the-Islands on the north side of
U.S. 41 in Section 4, Township 52 South, Range 28 East. An application fee in the amount of
$7,900 less pre-application fee is attached. A copy of the Pre-Application Meeting Notes is
attached.
Please note that at the time of application for this rezoning that a Development Agreement was
entered into on 10/29/09 between BRH Enterprises, LLC and The Port-of-the-Islands
Community Improvement District (CID) to dedicate 1.116 acres along the southern portion of
the proposed area to be rezoned to the P District within 30 days of signing the agreement and
also to provide the ROW for the relocation of a portion of Union Road. A copy of the deed for
the 1.1 16 acres is included in the application. No folio number has been assigned to this property
at the present time to the recent recording of the deed. The Development Agreement is contained
in the rezoning application behind the Affidavit signed by the representative of the CID
authorizing Ron Benson (CID Engineer) and myself as their agents in the rezoning application.
The uses proposed for the subject property include an existing water and wastewater plant,
including an expansion of the water plant along with other essential services and a community
meeting room for the CID on H acre within the southern boundary of the project. Existing and
proposed structures are depicted on the proposed plan. (See also attached aerial photo).
I. Background
This petition is a companion item for five variances to 1) reduce parking requirements; 2)
maintain the rear yard setbacks along the eastern property line for existing structure; 3) reduce
the width of the proposed right~of-way for the shared access road along the western property
H:\2009\2009020\LD\Rezone\DC 091231 Rezone Submittal LeUer.doc
Danelle Carrel, Intake Planner
Collier County Government
RE: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
HM File No.: 2009.020
December 31, 2009
Page 2
Agenda Item No. 178
May 25, 2010
Page 51 of 107
line; 4) relocate the type B buffer from the western perimeter to the eastern portion of the access
road to allow the type B buffer at an alternate location; and 5) to not require a Type D buffer
along the eastern edge of the access road.
The subject property previously had a petition for a Conditional Use approved in February of
1992. See attached Ordinance 92-50.
The zoning of the subject property comprises 1.86 acres of land zoned for the Conservation
Zoning District (CON) and 2.99:1: acres are zoned for the Resort Tourist (RT) District with
provisions of the Conditional Use on the north 3.74:1: acres of 4.85:1: acre site. The zoning district
boundaries are depicted on the proposed master plan. The proposed rezoning to the Public Use
District is designed to facilitate the intent of this zoning district that is established in the LDC to
accommodate only local, state, and federally owned or leased and operated governmental
facilities that provide essential public services. An interpretation is attached from County staff
agreeing that the existing and proposed uses are permitted by right in the P District.
It should be noted that conservation-zoned lands do not allow major sewage or water treatment
plant facilities based on the essential service provisions recently incorporated into the LDC. (See
Section 2.01.03). Existing treatment facilities and the new proposed water plant are located on
the CON zoned portions of the property. Therefore, there is a need to rezone CON zoned
portions of the property to the P District along with RT zoned lands to best facilitate future
development and redevelopment of the utility site for essential services to meet the continuing
needs of the Port-of-the-Islands community.
2. Collier County Growth Management Plan
Port-of-the-Islands is designated Urban Mixed Use District in the FLUE on the Future Land Use
Map. However, it should be noted that a small portion of the northern portion of the Port-of-the-
Islands is designated as a (NRP A). David Weeks, Planning Manager of the Growth Management
Department, has confirmed that this is a scribner's error and that is not the intended land use
designation for the northern portion of the Port-of-the-Islands. The land use map will be
corrected at a future date according to Mr. Weeks. The Future Land Use Element notes the
following with regard to the Port-of-the Islands:
"Port of the Islands is a unique development, which is located within the Urban
Designated Area, but is also totally within the Big Cypress Area of Critical State
Concern. However, a portion of the development was determined "vested" by the
State of Florida, thus exempting it from the requirements of Chapter 380, Florida
Statutes. Further, there is an existing Development Agreement between Port of
the Islands, Inc. and the State of Florida Department of Community Affairs dated
July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands
H:\2009\2009020\LD\Rezone\DC 09J231 Rezone Submittal Leuer.doc
Danelle Carrel, Intake Planner
Collier County Government
RE: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
HM File No.: 2009.020
December 31,2009
Page 3
Agenda Item No. 17B
May 25, 2010
Page 52 of 107
is eligible for all provisions of the Urban - Mixed Use District in which it is
located to the extent that the overall residential density and commercial intensity
does not exceed that permitted under zoning at time of adoption of this Plan."
With regard to the subject property and compliance with the above FLUE provision, the
proposed request to rezone the subject property to the Public Use District is not increasing the
intensity of use, For example, of the 3.0:1: acres ofRT zoned land on the subject property, up to
16 dwelling units per acre are allowed and up to 26 motel units per acre or a total of 48 dwelling
units and 78 motel units. Based on the 3 employees per shift from the water treatment plant and
occasional use of the community meeting room during off-peak hours from a traffic standpoint
and similar measures of development intensity the rezoning to the P District will result in the
reduction in development intensity. The request, therefore, is consistent with the FLUE as it
pertains to the Port-of-the-Islands.
3. Environmental
No environmental studies or maps are required as part of this request. However, a site plan was
requested as part of the Pre-Application Meeting to demonstrate the date that development
commenced on 3.7:1: acres of the 4.8:1: acres included in this rezone application.
In closing, the proposed rezoning request from RT and the CON and RT Districts with
conditional uses for essential services is a companion item to the Variance requests as noted. The
rezoning to the P District is well suited for the proposed expansion of the essential services and
community meeting room. The rezoning to the P District will best meet the future needs of the
property. Furthermore, the rezoning request is consistent with the FLUE and the LDC
notwithstanding the requested variances.
We have enclosed the following:
. Twenty (20) copies of cover letter (this is the cover letter);
One (1) fee check in the amount of $7,900;
. Twenty (20) copies of Completed Application;
. Twenty (20) copies of the Evaluation Criteria;
. Twenty (20) copies ofthe Pre-Application Meeting Notes dated August 19, 2009;
. Twenty (20) copies of project narrative - included in the cover letter;
. Three (3) copies of Warranty Deed;
. Three (3) copies of Special Warranty Deed;
. Three (3) copies of Sketch and Legal;
. Three (3) copies of Development Agreement between The Port-of-the-Island Community
Improvement District and BRH Enterprises, LLC;
H:\2009\2Q09020\LD\Rezone\DC 091231 Rezone Submittal Letter.doc
Danelle Carrel, Intake Planner
Collier County Government
RE: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
HM File No.: 2009.020
December 31, 2009
Page 4
Agenda Item No. 17B
May 25, 2010
Page 53 of 107
Two (2) copies of the List identifying Owner and All Parties of Corporation (Disclosure
ofInterest);
Two (2) copies of the Owner/Affidavit signed and notarized;
Two (2) copies of the Addressing Checklist;
Four (4) copies of Utility Provisions Statement-N/A -No additional utilities are
proposed within this application - See emailfrom Zamira DelToro dated 919/09;
Four (4) copies of Survey (signed & sealed);
Seven (7) copies ofletter to John Podczerwinsky dated December 31,2009.
Twenty (20) copies of proposed Master Plan;
Five (5) copies of Aerial;
Four (4) copies of prior approval for the Conditional Use for essential services;
One (I) CD containing all documents in Word format and plans;
Four (4) copies of Interpretation from County Staff dated September 16, 2008, pertaining
to permitted uses in the P District; and
Four (4) copies of the previously approved site plan for the subject property for 3.7:f:
acres of the subject property.
Thank you for your consideration in this matter and if I can provide you any additional
information, please do not hesitate to contact me.
Very truly yours,
HOLE MONTES, INC.
~~
Robert L. Duane, A.LC.P.
Planning Director/Associate
RLD/sek
Enclosures as noted.
cc: Cal Teague, District Manager w/enclosures
Ronald E. Benson, Jr., Ph.D., P.E., Senior Vice President w/enclosures
George H. Hermanson, P.E., Senior Vice President w/out enclosures
H:\2009\2009020\LD\Rezone\DC 091231 Rezone Submittal Letter,doc
Agenda Item No. 178
May 25, 2010
Page 54 of 107
EV ALVA TION CRITERIA
COMPLIANT WITH LDC SECTION 10.03.05 I.
PORT-OF-THE-ISLANDS APPLICATION TO REZONE
FROM CON AND RT DISTRICTS TO P DISTRICT
HM File No. 2009.020
10.03.05 1. Nature of requirements of planning commission report. When pertaining to the
rezoning of land, the report and recommendations of the planning commission to the board of
county commissioners required in 10.02.12 D. shall show that the planning commission has
studied and considered the proposed change in relation to the following, when applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
and future land use map and the elements of the growth management plan.
The proposed change is consistent with goals, objectives of the Future Land Use Map and
elements of the GMP to rezone 4.8:1: acres (See also cover letter narrative accompanying the
proposed rezoning request), being necessary for continued essential services to POI.
2. The existing land use pattern.
The lands surrounding the subject property are predominantly vacant and include the following:
lands to the east are vacant and are zoned CON-ACSC/ST; lands to the south of the subject
property are vacant and are zoned RT; lands to the west are zoned CON and are occupied by a
gun range; lands to the north are zoned CON and are predominantly vacant; however, a
communication tower is located to the north of the subject property. In summary, the land use
pattern is predominantly vacant; the proposed expansion of the utility site to serve the needs of
the Port-of-the-Islands and to provide a community meeting room has been and is a viable use
for the subject property based on the existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The proposed expansion of the utility site and the provision of an area for a community meeting
room will not create an isolated district unrelated to the adjacent and nearby district as the use
currently exists and provides an essential service to the Port-of-the-Islands by providing for their
water and sewer service needs. As noted, in the cover letter to this application, 3.7:1: acres of the
proposed 4.8:1: acres was previously approved for a Conditional Use (C.U.) in 1992 for the lands
contained in this rezoning request. The rezoning to the P-District is further necessitated by the
fact that the essential services are no longer a permitted use in the CON District, thereby, making
the rezoning to the P District desirable for the future development and redevelopment of the
subject property.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 2/1/10
H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc
Agenda Item No. 178
May 25,2010
Page 55 of 107
Based on the response to the foregoing criteria, the proposed zoning district boundaries are
logically drawn and are of a similar use to what was approved in 1992 for the C.D. with the
exception of the 1.1 :l: acres zoned RT and now being incorporated into the P District.
5. Whether cbanged or changing conditions make tbe passage of the proposed amendment
necessary.
The changed condition is the need to upgrade an essential service to meet current water supply
and treatment regulations of the Florida Department of Environmental Protection. No increase in
capacity planned. Only replacement of out of date equipment to meet FDEP consent order for
treatment.
6. Whether the proposed change will adversely influence living conditions in the
neigh borhood.
As noted in the response under criteria no. 2 above, lands around the subject property are
predominantly vacant; therefore, living conditions will not be adversely affected in the
neighborhood. Screening and buffering on the subject and adjacent properties will lessen the
impacts of the proposed use of this essential service and community meeting room.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The historic traffic will not be increased from the utility site as only three individuals are
anticipated with each shift, and the community meeting room that is 2,100:l: SF with 21 parking
spaces in use largely in off-peak hours only within the Port-of-the-Islands will generate
negligible new traffic. The proposed vehicular traffic will not affect public safety. Construction
traffic will not affect nearby properties to any significant degree as surrounding lands are
predominantly vacant.
8. Whether the proposed change will create a drainage problem.
The proposed stonnwater management area depicted on the master plan will help insure there is
not a drainage problem. A pennit will be secured from SFWMD.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed expansion of the utility site will not reduce light or air to adjacent areas as they are
predominantly vacant and the maximum permitted zoned height will not exceed 30 feet from
zoned height.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
The proposed change will not seriously affect property values as the essential service uses are
currently existing and adjacent areas are predominantly vacant. The community room is well
2
H :\2009\2009020\LD\Rezone\Evaluatiol'l Criteria.doc
Agenda Item No. 17B
May 25, 2010
Page 56 of 107
separated from adjacent properties with the stonnwater management area, screening and
buffering and will also have a negligible impact on property values.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The proposed request will not be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations notwithstanding the proposed variances set forth
in an application that is a companion item to this rezoning request.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
The proposed change in use to the P District will not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare, as the use by and large currently exists
with minor changes to the boundaries of the zoning district for the inclusion of a community
meeting room.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
This criteria is not applicable as the existing use allows for the essential services use with minor
changes to the boundary of the proposed district to accommodate the community meeting room.
See also cover letter setting forth additional reasons why the previously approved conditional use
is sufficient to address future development and redevelopment issues.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
The proposed change is not out of scale with the needs of the neighborhood or the County, and is
to provide essential services for the residents of the Port-of-the-Islands.
15. Whether it is impossible to fmd other adequate sites in the county for the proposed use
in districts already permitting such use.
The subject property is well suited to provide for the needs of the Port-of-the-Islands as the use
currently exists and provides for an essential service since 1992 to meet the needs of the Port-of-
the-Islands with the exception of lands added to the subject property for a community meeting
room.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses under
the proposed zoning classification.
By and large, no physical alteration is required to make the subject property usable for the
proposed ranges of uses as the site has been previously cleared.
3
H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc
Agenda Item No. 17B
May 25,2010
Page 57 of 107
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County growth management plan
and as defined and implemented through the Collier County Adequate Pnblic Facilities
Ordinance [Code ch. 106, art. II], as amended.
As noted, only minimal traffic will be generated from the proposed site and the subject property
will enhance the provisions of essential services to the Port-of-the-IsIands.
18. Such other factors, standards, or criteria that the board of county commissioners shall
deem important in the protection of the public health, safety, and welfare.
The applicant will consider other factors, standards, and criteria deemed important in the
protection of the health, safety, and welfare by the B.C.C as the need may arise.
4
H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc
HM
HOLE MONTES
ENGINEERS. PlANNERS, SURVEYORS
LANOSCAPE IIICHITECTURE
950 Encore Way' Naples, Florida 34110' Phons: 239.254.2000' Fax: 239.254.2075
HM PROJECT #2008.011
5/13/2008
REF. DWG. #B-6356
Agenda Item No. 17B
May 25, 2010
Page 58 of 107
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00037'46"E., ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET;
THENCE RUN N.45037'46"W., FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A
CENTRAL ANGLE OF 45000'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF
N.23007'46'W.. FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN
N.00037'46'W.. FOR A DISTANCE OF 85.06 FEET; THENCE RUN S.89022'14"W., FOR A DISTANCE OF
35.00 FEET; THENCE RUN N.00037'46'W., FOR A DISTANCE OF 350.03 FEET; THENCE RUN
N.00038'58'W., FOR A DISTANCE OF 299.88 FEET; THENCE RUN N.89021'02"E. FOR A DISTANCE OF
77.18 FEET; THENCE RUN N.00052'04'W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN
N.89007'56"E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN S.00052'04"E., FOR A DISTANCE OF
3.19 FEET; THENCE RUN N.89021'02"E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00038'58"E.,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4.848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA AS BEING
S.00037'46"E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY: a~ ll1. ~~
THOMAS M. MU HY
P.S.M. #5628
STATE OF FLORIDA
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 2/1/10
I1:\a2OO\S.SUMti'\PfOjeclS by Name o! I.J)ClIIkln\POI\2(l08011\l8Olll dll$ b-63S5.00c
Naples' Fort Myers' Venice
" m CMU UtVIiLOPMENT
Agenda Ite~2iM4
May 25,2010
Page 59 of 107
;/800 NORTH HORSESIiOE D~IVE
NAPLES, PLORlDA 34104
COLLIER COUNTY GOVERNMENT
ADDRESS(NG DEPARTMeNT
~
L.
~__~":;':~DD'R~ssi~~HECKLlSt'~': . "::''',': ~' ,: '. ..'
,]
Please complete the fellcwing end fax to the Addressing Departme-nt at 23~-252..5724 or &u~mlt In persen te the
Addressing Depanmem at the i'lbove aeldres.. E2Lrn..1D.~st be 5~AddressinQ personnel gr;!RLLO.....!1,(lH.lDollcatlen
tneetino clease snow ;I dsvs for oroOUSllfnq.
Not all itoms will apply to every project, Items In bola type ere required. Forms olcJl!lf than a months will require
additional review and approval ~ the Addressln~ Department
PETmON TVPE (e/leck pellllon type be/ow, COmplole Q sopar% AddresSif1g Checklist for each P&lilion Typ&)
. -~-:..
~'-"',_...
o Ell (Blasting Permit)
o 80 (80at Doc.", Extension)
8 CelrnivaVClrcus Permit
Cu (Conditional Use)
o Ii:XP (EKcavation Permit)
o FP (Final PI~t
o LLA (Lot Une AdjlJSlment)
o PNC (Projecl Name Change)
D PPL (Plans & Plat Revjew)
o PSP (Preliminary Subdivision Pial)
o PUP Re<:one
!&1 R2 (Standard Rozon",)
o SOP (Site Development Plan)
o SDPA (SOP Amendment)
o SOP, (Insubstantial Change to SDP)
[] SIP (SITe Improvement Plan)
o SIPI (Insubstantial Ohange to SIP)
o SNR (Sll'eet NamQ ChMQe)
B SNC (Street Name Change - Unplatted)
TDR (Transfer of Developmer>t Rights)
o VA (Variance)
o VRP (Vegetation Removal Permit)
o VRSFP (Vegetation Removal & Site Fill Pl!lrmn)
o OTHER
LEGAL DESCRIPTION of subject property or propertkl. (copy of Ifmgthy desoription m'IY be alIac/1I':d)
SECTION 04, TOWNSHIP 52, RA.GE 28 - PO-CC-L.l If-
FOLIO (Prop...rty IP) NUMSE:R(;) of above (alll:f.clllo. "r i!S$()Ci,9/e witll, /egEli description if moro Ih,M OM)
01058920209
....-,....-- ,...., .-'-'''-- ""_.~'
STREET ADDRE:CSS or ADDRESSES (a. applicable, ifalreatfy iilssignCid)
12700 UNJON ROAD
. LOCATION MAP must be attached ShoWit1g exacllocatlon of prOjecvsit& In relation to nearest public road right-of-way
. SURVEY (copy.. needed Only for unplatted ProPG'rtiCS)
PROPOSED PROJECT NAME (if 8pp{icable)
PROPOSED STREET NAMES (ir applioa/)Ie)
SITE DEVELOPMENT PLAN NUMBER (for liIxis/ing projoC/s/t;ilos only)
SOP or AR #
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-10n
DATE: 12/31109 DUE: 2/1/10
II III J.,nl'U uc.Vl:l..UrrllttU
~ 003/004
Agenda Item No. 178
May 25, 2010
Page 60 of 107
PagQ 1 of 2
ADD~~~t;I~" l?!::lECKllS~:~~_~.,_
PrOject or d~velopment nll~$ proposed for, or alr~ady appearing In, condominium documents (if application; Indicate
whGti'>er proposed or e~lsting)
PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT OISTRICT
-_.....~~t ~
..-..............". ".. _'~_M_ _..". ,_~
Please C heck One:
(8J Cheoklist Is to be Faxed back
o Personally Picked Up
APPLICANT NAME: ROBERT L. DUANE, Ale?
PHONE 2&4-2000 FAX 254-2099
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is
subject: to further review by the Addressing Department.
FOR S'TAFF use ONLY
Primary Number 01 DS~qz..oZ-09
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Addr!>$S Number
\ddrc$s NUll>bor
Address Number
Approved by: '" [l, r'\..~
Updated by:
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Oalc: 0'6" -03 -09
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Page 2 of2
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Agenda Ite,m N
t<Jay 25,
Page-63
ORDINANCE: 92-...a.
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W!lE:R!I:AS, the Leg-ialatttre ot tha state at Florida in Chapter
67-1246, Lava ot Florida, and Cbapte~ 125. Florida statutes, has
conferred on Collier County the power to establish, coorc1inata and
enforce zonini and 8uch businesa requla1:1ons as are necessary t.or the
protecti~n ot the public; and
lIllI:RllAS, the County pur.uent therato h.. adopted a Lend.
Davelopment Ceda (Ordinanca No, gl-102) which includa. a COmprahanaive
Zoning- Ordinance a.tabli.hinq regulations tor the zoning- ot particular
geor;raphic diviaiona ot the County, llllIong- which i. the g-ranting- ot
Conditional U."., and
1IHI:RllAS, the Collier COWlt:y Planning- Ccmmiadon, being- the duly
appoint!,d and constituted planning- board tor tha area heraby aUected,
hu held a pUblic hearing- after notice .. in said ragulations made end
providad, and has conddered tl\e advisability ot Conditional Use
pursuant to Subsection 2.6.9.2 (Essential Services> in the R:r and CON
zones for a 'Water and vaste"Zlter treatment plant on the p.+operty
hereinafter described" and hu tound as a mattar ot'tact (Exhibit "A")
that satistactory providon and a=ang-ament hu been mada concerning-
'all applicable mattar.. rsquired by eaid regulations and in accordence
with Sub.action 2.7,4.4 ot tha Lend Development Code tor the Collisr
County Planning- COllllllisdon; and
W!lE:R!I:AS, all intereste.! parties have baen g-ivan opportunity tc be
heard by this Board in a public meeting- aaaembled and the Board havin;r
considered all matters pre.tlnted".
NOW, :rIIEREFom;: BE U' ORDAINED, BY :rilE BOARD OF ZONING APPEALs
ot Collier County, Florida 'that:
100{ 054plGt285
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RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 211/10
-
....genda Item N
May 25,
Page 64
SECTlOII OIlES Grant: of COndit:ional Usa,
Tha petit:lon filed by :Robert L, Duane of Hole, Montes'
A8.oc14taa, i~~;!.I~p~'~:a8~~i~g Port of the Islands COJIQIlunity
Improvement ~i~~~i~'vl~:~.~pect ta.t:he property hereinafter described
':":'1''':':'':"1' l,"lfl1 tn::\"tt:LC1Pf!T-lI- ..,..,.' t ", ~.,~.r";:~'" ....
as: :'" :..~-::-;('''... T~ms:::' ..
':::"._...:..: ::~:r.". . ..... .. .
Exhib1t:~~B~~~~hfie~ttached:hereto and incorpcratad by
r.:fer8ncr:b.re1:an:':-":'"1('!'~' ....
~_..,.- -.-. ....
N and tha .o.e- is herebY approvecl for Condit:ional Ose purauant to
subs.~ri~~2.,..19:{(~;~tt"'i ~:arv1c.s) ot the RT and 60K :oninq
..... ..1\0.. ': ,_~;-;",: &.., ;":'-'
districts for a vater and wastewater treatment plant in accordance with
.Q--"~"" e" .. ~ ...;..:,' ~. .",... ';'u':'-'" ... J'- :' ....
~~~~:nc~~~~~l ~~t~::.~l~~: .'~xhibl.t: "CO) aNs'subject to the following'
con4itionas
....:....1;:.....:: :. '",. '. ...
Exhibit "D" ""ioh is attachscl hereto and incorporated by
:~.' J::'.l.: . refaranc..,herein, ...
SECTION:, IIWOS":Ralllt:l.onship. aatw..n orclinance ancl Resolution
Grant:inq COndi t:ional Use.
,..; In';~;': ~';~t:"~t-'it ~houid' be'deteX'lllin~cl that the grant: of
c;'ndit1o'n;'l us.. should be by r,solution, then this or4inan"" shall
consti~uta a reaolut:lon fer such purpose.
SZC'rIOH TIlllEE: Effective Date,
,. ;n,i.~ or4ina;,~e .~all ~cOllla effectiva upon receipt of notice frOlll
the Secratary of stata that this ordinance has been fUe4 with the
Secretary of State.
PASSEIl Al/1) DULY ADOP'.!'ED by the Ilaard of zoning' Appeals of collier
county, Florida, this -Y" clay of ~ ,1992,
IIOARD aT! ZONING: APPEALS
co~ C , '/!LORIOA
BYs 11'\ ~ uR.
MICHAEL J,
CU-92-9 ORDINANCE
nb/7984
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_enda Item No.
May 25,
Page 65 0
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BY
. __COLLIER. J:OONTr. PUNIl:IHC COIlllISSION
- . . FOil
A COllDI'l::tONAL oS!: P=:rOH
FOil
.- 'C".I ":'.,.
CO-92-'
Th. tolloving tacta ara tound:
1.
~~c;i:~~~;1;~C:'the:.~o~-:n~i~~1 o~.::. Land Davlopa8n1:
Crant.ing, t:ha conditional u.. "ill Jlat: advar..lyatteclo
t:h. pUblio intereat: U>d "ill not: advarnly aftaclo ot:h.r
proparty or usas in tha SallIe c!istric1: or na1gbhorbooc!'
bacausa.ot:
A_. . consistllncy vi~~e Land J:levdoplllent Coele and
Grovth Hanag""'7 ~lan. .
.Y.S_No_.
2,.
B_
Xngresa and eqrcss t:.o property and proposed
.structures tharaon vit:h particular ",eterenc. l:o
'automotiva and pedestrm satety and convenience,
traftic tlov and control, anel access in case of
tire or catastrophe. /
Adequato ingressA egress.
Yes'~lfo_
At!~ct neighboring propart1ee 1n relation to
nob , glare, ac;>nOJllic or oclor ~hct:s:
_ Ho aftect: .or _ Attect: ..itigateel by _
~ Attect: cannot.be ..itiqat:ad .
compatibility ,,11:1\' adj ant proport:10jl ancl
other property in 1:I1e 1atrict:.
COJIlpatible e vithin elistrict:
Yes 110
Baseel on the above tindin'1s, this conditional Use should,
with stipulations, (copy. attj'fh!:,dl. (should not) ba .
recolDlllended tor epproval t>lLr.~t(.1>, ~ /
DATE. /6 ::r.:;,y Sz.-. Cl!ApulAll~,
....
C.
O.
FINDDlG OF FAt:!! C/lA:tRHAN /llId
EXHI!IT'"A,'"
IODJ 054/1Ot287
PROPERT'f-DESCRIPTIO~:
A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52
SOUTH, RANOS 28 EAST, COUJER COUNTY, FLORIDA, BEING MORE
P ARTICUUJU. Y DESCRIBED AS :!,Ou.oWS:
lmQIliATTHEEAST 1/4 CORNER OF SECTION 4, TOWNSHIP 5~SOUTH,RANGE
28 EAST, COUJER COUNTY. FLORIDA; THENCE RUN S. 00'20'13" W. ALONG
THE'EAST LIl'JE OF-THE SOUlHE.AST 1/4 OF SAID SEcnON 4, FORADISTANCE
OF 350.00 fEET; THENCE RUN N: 89"39'47" W. PERPENDICULAR TO TIm EAST
LINE OF TIm SOUTHEAST 1/4 OF SAID SEcnON 4, FOR A DISTANCE OF 250.00
FEET:'nmNCE'RtmN.llO'2O'13" E., PAR.AU.EL wrnt TIm EAST LINB OF TIm
SOw:HEAST 1/4 OF SAID SEcnON 4,FORADISTANCE OF3S0.03l'EET; THENCE
RUN N. 00"19'01" B.,PARALlEL WITH THE EAST LINB OF TIm NORTImAST 1/4
OF SAID SEcnON 4, FOR A DISTANCE OF m.8S FEEl'; THENCE RUN S. 89"40'59"
E.,PERl'ENDICULAR TO THE EAST LINB OF THE NORnmAST 1/4 OF SAID
SECTION 4, FOR A DISTANCE OF 250.00 FBE:1', TO A POINT ON TIm EAST LINE
OF TIm NORTImAST 1/4 OF SAID SECTION 4; THENCE RUN S. 00*19'01" E.
ALONG TIm EAST LINB OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A
DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. CONTA.lNING 3.730
. ACRES, MORE OR LESS.
SUBJECT TO EASEMEN1'S, RESERVATIONS OR RESTR.lcnONS OF RECORD.
BBARINGS REFER TO THE EASTLINB OF TIiBNORnmAST 1/4 OF SECTION 4,
TOWNSHIP 5ZS0tJTH, RA1\OBZ8 EAST, COUJER COUNTY, FLORIDA, AS BEING
S. 00'19'01" W.
e:)d11'~iT" ()"
'lOCI OM PAct288
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~nda Item No.
May 25. 2
Page 68 of
AGR~EN"I'
I, Robe~ L. Duane ot Hole, Mont.. , Associate., Inc., .a
owner or authorized agant far Petition CU-92-9, .gree to the
following stipulations requested by the COllier County Planning
COIDiuion in their public hoering on .:ruly 16, 1992.
PLAllIIDIClI
a, The Planning Servic., Hanag.r may approve minor change. in
the looation, siting, ar h.ight of building" structures,
and improv.ments authoriud by the canditional usa,
Expansion of the u..s id.ntifi.d and approved vithin this
oonditional us. application, or major changes to the site
plan submitted as part Of thi, applioation, shall require
the sublllittal of a nev conditional us. applicat~!'1'l,. anlt_.
shall oomply .with al~applicabl. County ordinanc.s in
etfect at the thoe ot submittel, including Division 3,3,
Site Development Plan Review and approval, at the COllier
County Land. Development: Cods (Ordinance No. 91-102).
b. Detailed paving, ,""ading, sit. drainage and utility plans
shall be .ubmitt.d to proj.ct Reviev Service for reviev.
No construction permits shall be issued unless and until
approval of the propased construction in aocordance with
the submitted plans ie granted by Project Reviev Services.
c, An Excavation Permit may be required for the detention
area in accordanoe vith Division 3,5 at Collier COUnty
Ordinance NO. 91-102 and SFHHD rules.
d, A copy of SFHHD Permit or EarlY !lork Permit is required
prior to conetruction plan approval.
e. Detailed vater' management plans and caloulatiane, eigned
and s.aled by a Flarida Professional Engineer ehall bs
provided, :
t. Thie project shall be required to meet all County
Ordinances in ettsct at the tim. final construction
document. are submitted tor dev.lopment approval.
g, Priar to final construction' plan approval, the applicant
ahall provide a letter from the District's engineer
etating that h. hae reviewed . and approved the utility
design included vithin this petition.
h. Petitioner shall be subject to the requirements at Collier
County Land Development Cod. Section 3,9. 1>. 1>,
EXHJ:8IT .0"
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'&OOJ 054.PA(;t290
.,.
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i" p.tition.r _hall oOlSp1y vith s.otion 4.3.1.1 (Exiatinq and
Future DOlSutiCl llaat...ater Trubaent Plant.) ot th..
COllier County Groundwater Protaction Ordinance 110,
91-103, .
NOTE: Per Section 4.3,1.1.3 (B), .On a quarterly basis,
the owner/operator .hall provide the Department (Collier
county POllu1:ion Control) vith copie. ot all current
.onitorinq reports _uhmitted to the Florid. Department ot
Environmental Requlation..
A land.cape4 butt.r .hall be P!:'oviel.e1 adjac.nt to the
.it.'. .oath enel ..eat property lin.. tIh.r. the aeljacent
property 1& zon.e1 1l'1', A canopy tr.. .hall b. planteel
.v.ry 30 lin.ar t..t on c.nt.r and a 'h.clq. ot at l....e 24
inch.. in h.iqht ae the tl.. ot plantlnq _hall b. provicl.d
in the land_caped butt.r,
j,
'~~',
PETITIONER OR AllERT
STATE OF FLORIDA
COtlllTY OF COLLIER
The tor.qoin9 A~aemene Sh..t vaa a ov;eelqeel betor. .. this
clay ot ~ ~ , 1992 by ., vho is-
personally known to ..
....lel.-...t'lc.~n and vho 4U (e1id not) taka an oath.
. (IIOTARY SEAL)
'(1;<
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ml OMrllit291
Agenda Item No.
May 25,
Page 69 0
Agenda Item No.
May 25, 2
Page 70 of
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'comrii .o~ :cowEi
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Th. foreg ng Agr...ent Sh..t Val ecknawl.dg.d before ..e!:his I t, !I.
day of. . I un ~ P~6-b IJ. 71IDJ(U..:ne, I who i.-
per.o1)a to ..01:> vile a. pJlOdlllillcl
aI id.~.ltb.1:1on. and wo ~ (did not) 1:aIc. an oath.
~.~o~~~ .
'1i/h1.4 A.t30dA.JC.
(Pr 1: H..... of Hotary Publ1c)
NOTARY POIlLIC
Ser1al/C02IOItbdon 'All- 591'197
Hy COlIDli..~8.'
"' CCIftIIIaor irAn IF Il~
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CtI-92-5 AGREEKEIl'l" S!Il!:ET
NB/7985
(HO'l'An'! SEAL)
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,,.rr"flnolo'.. .t,
STAT& Oll' n.ollIDA
COllllTY Oll' COtLIER
I, .JAMZS C. GILES, Clerk ot Courts .tn and for th.
bant1ath :u41c1&1 Circuit, Collier County, llor14a, 40
hereby eertify that the toregoing J.. . true copy ofr
Or41nanc. 110. U-SlI
'"b'lch'H.. 'adopted by the Board 'ot ccifuity-Coilm.t..J.onera on
the 11th day ot AUga8t, 1992, during Regula:- Se..lon.
WI.'I'NESS 'lAy hand and the otticIal seal ot the Board at
County COlUli..ionera ot Collier County, Florida, t:his 12th
day of August,. 1992.
J'AMES C. GIUS "I' as' ::;
Clerk ot Courts and Cler~:":~\~.'..".'... I"h,....
Ex-officio ~a 80...4 at .;. .... .'to.'
county Coami..loners ,::l~/... .... ~,.. .
~ ~~. ,,~
. . ~J!r ~ ~ t?....:"' ":~:. : :
'.~. /. . '.. OJ
By: Is/Maureen Xenyon" -;......,....>.: .".. .
Deputy Clerk .. .....~.,,, o. .. "::.....~......
~r!t.l~ ~~.
80DK
054. rIOt 293
Agenda Item No.
May 25
Page 71
eo1N!r County
~
Agenda Item No. 176
May 25,2010
Page 72 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
q:1 t> / . IO~ A..
Date: ,II "109' TIme: __ ~
Project Name: ~e.""- 1'>1'" ~
Applicant Name: -
Owner Name: ....
Owner Address: 12 ?l-oo U~ lot-.) 1<d
Assigned Planner: I\A If' besEI..E:l4
Meeting Attendees: (attach Sign In Sheet)
PL# g 10
Finn~ D\A!ltW9>. \-\C1E: NtlISt1;.c;
':\-=-I "'''Q$: ~
Phone: ~5t.f- 2.OC>D
Phone:
Meeting Notes
s~~
RZ-PL2009-910 REV: 1
PORT OF THE ISLANDS
COMPANION: VA-PL2009-1077
DATE: 12/31/09 DUE: 2/1110
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
Comments should be forwarded to the Planner rior to the due date
PARKS & REC - Sid Kittila
IMMOKALEE WATER/SEWER DISTRICT
UTILITIES ENGINEERING - Zamira Deltoro
SUPERVISOR OF ELECTIONS
DR/EM1 - EMER. MGMT - Jim
Von Rintein
CITY OF NAPLES, Robin Singer,
Plannin Director
SCHOOL DISTRICT (residential
com onents)
CDES Coordinator -Route Sheet only
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT
Executive Director
Co~r County
~
Agenda Item No. 178
May 25, 2010
Page 73 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
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 NOT
COPIES REQUIRED REQUIRED
Additional set if located in the Bayshore/Gateway V
Triangle 1
RedeveloDment Area or within % of City of NaDles
Completed Application (download from website for current 20 /
form'l J
Pre-Aoolication meetino notes .,j 20 J/
Proiect Narrative .j 20 V
Deeds/Leoal's Ii. 3 1/
List identifyina Owner & all oarties of como ration .j 2 (,/
Owner/Aaent Affidavit sianed & notarized 2 V
Completed Addressina Checklist .; 2 1/
Environmental Impact Statement (EIS) . or exemption 2 J/
justification
Dioital/electronic COOy of EIS 1 -
Historical Surveyor waiver request 4 r V
Utilitv Provisions Statement wlsketches j 4 1/
Survev, sioned & sealed 4 /.4
Traffic Imoact Statement (TIS) or waiver (with aoolicable fees~ 7 .../ (u;.,..,- ;-r::.cou..... ) /'
Copy of Traffic Impact Statement (TIS) on CDROM / 3 v
Aerial photographs (taken within the previous 12 months min. V
scaled 1"=200'), showing FLUCCS Codes, Legend, and project 5
boundarv ~/
Electronic copy of all documents and plans (CDRom or 1 t/
Diskette) y'
Site Plans 20 1/
If located in RFMU (Rural Frinoe Mixed Use) Receivino Land Areas
Applicant must contact Mr. Gerry J. Lacavera. State of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigation & Prevention Plan", LOC Section 2.03.08.A.2.a.(b)i.c.
Co~r Cou.nty
~
Agenda Item No. 17B
May 25,2010
Page 74 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
Fees:
t8J
i
t8J
Application Fee: $6,000 + $25 per acre (or fraction thereof)
$100.00 Fire Code Review
$750.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (Applications submitted 9 months or more after the date of the
last pre-application meeting shall not be credited towards application fees and a new pre-
application meeting will be required).
G---$256S:i36-Erwif.Gf.lmeota.l.Jmpact..s.tateImtoJ review fee
o -.J.WGG,GS-ListecrOf-Pi'Otected Species survey review-fee (when an EIS is not required)
t8J $925.00 Legal Advertising costs for CCPC meeting
t8J $500.00 Legal Advertising costs for BCC meeting
(To be reconciled upon receipt of invoice from Naples Daily News)
Please attach Separate Check for Transportation Fees, (Refer to E~'bit A):
o $500.00 Methodology Review Fee, if required IV. ~ ./P
"Additional Fees to be determined at Methodology Meeti g f/ /
Fee Total $
ApplicanVAgent Signature
Date
Co~r County
~
Agenda Item No. 178
May 25, 2010
Page 75 of 107
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
PUBLIC PARTICIPATION REQUIREMENTS
LOC 10.03,05 F.1.
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff
review and comment on the application and before the Public Hearing is scheduled with the Planning
Commission.
Written notice of the meeting shall be sent to all property owners who are required to receive legal
notification from the County pursuant to Section 10.03.05.B.8.
Notification shall also be sent to property owners, condominium and civic associations whose members
are impacted by the proposed land use change and who have formally requested the County to be
notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeling, must be
furnished to the Zoning Department and the Office of the Board of County Commissioners no less than
ten (10) days prior to the scheduied date of the NIM.
The applicant must make arrangements for the location of the meeting. The location must be
reasonably convenient to those property owners who are required to receive notice and the facilities
must be of sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting in that portion of the newspaper where
legal notices and classified advertisements appear stating the purpose, location, time of the meeting
and legible site location map of the property for which the zoning change is being requested. The
display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed
within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner
than five (5) days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends
to develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy
to the Zoning Department.
As a result of mandated meetings with the public, any commitments made by the applicant shali be
reduced to writing and made a part of the record of the proceedings provided to the Zoning
Department. These written commitments will be made a part of the staff report of the County's review
and approval bodies and made a part of the consideration for inclusion in the conditions of approval.
Agenda Item No. 178
May 25, 2010
Page 76 of 107
OeselemKay
~ubject:
_ocatlon:
Pre-app Rezone & Variance - Bob Duane, Applicant - Kay Deselem, Planner
Conference Room C
Start:
End:
Wed 8/19/2009 10:00 AM
Wed 8/19/2009 11 :30 AM
Recurrence:
(none)
Accepted
DeselemKay; jarrelly; AblerKenneth; JohnsonJeremy; MossJohndavid; De~oroZamira;
wiley _r; OteroBrandy; CasalanguidaNick; bearcU; PodczerwinskyJohn; BuchheilDavid;
AuclairClaudine; seal_s; GundlachNancy; DarcoChristopher; ashton_h; weeks_d;
tayloram@colller.k12.ft.us; AhmadVicky; Bob Duane
Meeting Status:
Required Attendees:
Request Information
Meeting Type: preapplication
Requested By: Robert Duane on 30-Jul-09
Phone: 254-2000 eMail: bobduanel1llhmeno.com
Representing: Hole Montes
Folio: 01058920209 Zoning POI CID SPD/SIP
Subject Type: Rezone & Variance
Location: 12700 Union Road
Description: Request a preapplication meeting in the moming regarding the POI CID for e rezone from RT and CON to P district. Thank you.
254-2000
Details
Agenda ~@'2t~
Page 77 of 107
Property Record
L.Sketches -If. Trl~'N~ti~]
..
Parcel No.6 01058920209
Current Ownership
Property AddressH 12700 UNION RO
..
o
PORT OF THE ISLANDS COMMUNITY
IMPROVEMENT DISTRICT
25000 TAMlAMI TRL E
NAPLES
State FL
Zip 34114 A 9602
legal 4 52 28 THAT PORTION OF SEe 4
DESC IN OR 1988 PO 1054 AND
OR 155T PG 1583, LESS SERVICE
ROAD
For more than four lines of Legal Oescri tion please call the Property Appraiser's Office.
Section
Township
52
Range
28
Acres
3.21
Map No.
7004
Strap No.
522804004.0007004
Sub No.
~
100
15
ACREAGE HEADER
INSTITUTIONAL.
~
218
"il Mill""s
13.482
2009 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 96,300.00
(+) Improved Value $ 82.849.00
(=) Just Value $ 179,149.00
(-) SOH Exempt Value $ 0.00
(0:) Assessed Value $179,149.00
(-) Homestead and other Exempt Value $ 179,149.00
(=) Taxable Value $ 0.00
SOH = "Save Our Homes" exempt value due to cap
on assessment increases.
Latest Sales History
Date
09/1994
Book. Page
~
Amount
$ 2&,000.00
The Informatton is Updated Weekly.
http://www.collierappraiser.comIRecordDetail.asP?Map=No&FolioID=000000 I 05 8920209 8/17/)009
Agenda Item No. 178
May 25,2010
Page 78 of 107
MEETING NOTES
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Agenda ImrijtNG.~lB
May :15~ ~lJ1o
Page 80 of 107
COlliER COUNTY GOVERNMENT
ADDREsSING DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
~
L-
\\[)O~ EssiN"'G'CH ECKUSt'~
Please complete the following and fax to the Addressin~ Depllrtment at 239-252-5724 01 submit ill person to Ihe
Addressing Dopartment at Ihe above address. EQ!rn_QJJJ.&.Q.~Jil!l[1.1'..Q..kLAddressinq personnel R!'.!PL.io..mc-nocliC3llon
meetlno please allow ~...\!IDi:tiqr prooessfnQ.
NOl all Itmns will apply to every project. Items in bold type are required. Forrns oldsr than 6 months will require
additional review and approval by the Addressing Department.
~
,,":.. ,"
PETmON TYPE (e/leck pelttfon type bl!/ow, comp/fJle 0 SOpOrD/o Addressing Cllecklisl for &aclJ Pelition TYPe)
---~~....__.._.....,.,...._"". ,........... - -.. .... ."...-,-.-..... .. . .......
o Bl (Blasting Permit)
o 80 (Boat DOCK Extension)
g. Carnival/Circus Permit
Cu (Conditional Use)
o EXP (Excavation Permit)
o FP (Final PI..t
o LlA (Lot line Adjustment)
o PNC (Project Name Cllange)
o PPL (Plans & Plat Review)
'1 PSP (Preliminary Subdivision Plat)
] PUD ReZOne
,,6} RZ (Standard RClzone)
DSDP (Site Development Plan)
o SDPA (SOP Amendment)
o SDPI (InsUbS!;lntial CI1ange to SOP)
o SIP (SIte Improvement Plan)
o SIPI (InSl,bstantial Change to SIP)
o SNR (Streel NamfO Change)
8 SNC (Street Name Change - Unplatte(1)
TOR (Tcan~fer of Development RIghts)
o VA (Variance)
o VRP (Vegetation Removal Perm~)
o VRSFP (Vegetation Removal & Site Fill P<!rmit)
o OTHER
LeGAL DESCRIPTION of sublect prop",rly or properties (copy of lengthy description m"y IX1 tlltac/led)
SECTION 04, TOWNSHIP 52, RAGE 28 PO-('0-1 l4-
FOLIO (Proporty 10) NUi\'lBER(:t) of above (a/lact' 10. Or' assOCiMe willl, legel description if mom II},M 011'))
01058920209
STREET ADDRESS or ADDRESSES (as applicable. if a/re'ltfy D!!SigMd)
12700 UNION ROAD
--~."'~.. - --"._,..,._-
.,.
-..........,,-......
. LOCATION MAP must be aftClched shOWing exacl1oc8Uon of prOjecVs~e in relation fo ne3rest public road right-of-way
, SURVEY (copy - ncc.o()d Only for unplatted prop~rtics)
PROPOSED PROJECT NAME (ir sppl'Cable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (ror ex/sling projocl8lsilcs only)
SOP Qr AR if
H . lANU DoVELOPMEllT
Agenda 11II11ldY~61fB
May 25,2010
Page 81 of 107
Page 1 or 2
!'E~~5~1~g"t::.I::l~c..~'S~~~~~~Cl___
. ......-,..-......--...-.... -~~..,._.__._..".. . .....H_"_~___. ....
PrOject or development names proposed for, or already appearing in. condominium documents (if applioa1ion; IMicate
whether proposed or existingi
PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT DISTRICT
-'..- . _._~. .......
"-"~--""
-... - .,,,...~.- ~
-~
Please ChecK Ona:
19) Cheoklist is 10 be F bed back
o Personally PicKed Up
APPLICANT NAME: ROBERT L. DUANE, AICP
PHONE 254-2000 FAX 254-2099
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and I,.
subject to further review by the Addressing Department.
f.. .~. _
FOR STAFF USE ONLY
Primary Number 01 OS<6QLO 2-09
--........- .....,............"..._~,
....._. H_
-"'.."'....,
Addross Number
Address Numbor
Address Number
Approved by:,/ 0- "'-~
Updated by:
rn~~___ Date: 0 g - 0 3 - oCj
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Page 2 of2
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Agenda Item N0. 178
May 25, 2f~
Page 83 of '!,- ~
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Agenda Item No. 178
May 25, 2010
Page 84 of 1~
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i May 25,2010
~ Page 85 of 107
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Agenda Item No. 17B
May 25,2010
Page 86 of 107
~
Community Development & Environmental Services
2800 Horseshoe DrIve N.
Naples, FL
34104
239-252-2400
Receipt Number:
Transaction Number:
Date Paid:
Payment Method:
Check Number:
Full Amount:
Amount Tendered:
Overage Amount:
Contact:
FEES:
Descriotlon
RECEIPT OF PAYMENT
2009015978
2009-008481
08/19/2009
Check
52373
$1,000,00
$1,000.00
$0.00
Port of the Islands Community Improvment
210 N University Dr
Coral Springs, FL 33071
Reference Number Q!jgj,o.QJ.
m
Amount
Eftk!
Pre-application Meeting PL20090000910
$500,00
GL Account
$500.00 131-138326-341276
Pre-application Meeting PL20090001077
Cashier Name:
Batch Number:
murphylinda
432
$500,00
$500.00 131-138326-341276
Agenda Item No. 17B
May 25,2010
Page 87 of 107
AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2004-41, as amended, of the Collier County Land Development
Code, I did give notice by mail to the following property owners and or condominiUlll 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 10 days prior to the scheduled Neighborhood Information
Meeting. For the purposes of this requirement, the names and addresses of property 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 property owner's list, which are hereby made a part of this
Affidavit of Compliance
~~
(Signature of Applicant)
State of Florida
County of Collier
The foregoing Affidavit of compliance was acknowledged before me this j'b +V'day of February, 2010 by Robert
L. Duane. who is personally known to me or who has produced as identification.
v\~VlfAANu '\f..JM~
(Signa ure of Notary PublIc)
~V\aV\ie KcAfO \
Printed Name of Notary
(Notary Seal)
{O)l~@~n~~\ru
i~ FEB 1 2 2010 IlVJ
STEPHANIE KAROl
MY COMMISSION' DO 755816
EXPIRES: Man:lt 9, 2012
BondodThruNolaryPlIbi::llrdtrwritelS
H:\2009\20090Z0\LD\Rezone\NIM\Affidavit of Compliance NIM_ 09[1 J.doc
HM
HOLE MONTES
eNGINEERS . PLANNeRS . SURVEYORS
I.ANOSCAPEARCHITECTS
Agenda Item No. 17B
May 25, 2010
Page 88 of 107
950 Encore WaY' Naples, Florida 34110 . Phone: 239.254.2000' Fax: 239.254.2099
February 10,2010
Re: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
RZ-PL-2009-910
HM File No.: 2009.020
Dear Property Owner:
Please be advised that the Port-of-the-lslands Community Improvement District has made a
formal application to Collier County to rezone 4.8:1: acres from the Conservation Zoning District
("CON") and the Resort Tourist District ("RT') with a Conditional Use (CU) for sewer and
water facilities and to the RT District for a rezoning to the Public Use District "P" to allow for
the upgrading of the sewer and water system and to allow for a community meeting room for the
Port-of-the-lslands Community Improvement District.
In compliance with the Land Development Code requirements, a Neie:hborhood Information
Meetine: 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
Neie:hborhood Information Meetine: will be held on Thursday, February 25, 2010 at
5:30p.m. in the Ee:ret Room at the Port-of-the-IsIands Resort and Marina located at 25000
Tamiami Trail East, Naples, FL 34114,
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.
Very truly yours,
HOLE MONTES, INC.
REPRESENTING THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT
DISTRICT
~~
Robert L. Duane, AICP
Planning Director
Enclosure: Location Map
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6RH ENTERPRISES LLC
425 RIDGE CT
NAPLES, A. 34108-2602
PORT OF THE ISLANDS COMMUNITY
IMPROVEMENT DISTRICT
25000 T AMrAMI TRL E
NAPLES.FL 3411......602
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211 PINE VALLEY CrR
NAPLES,FL 34113-7623
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Page 90 of 107
PORT OF THE ISLANDS COMMUNiTY
IMPROVEMENT DISTRICT
25000 T AMtAMI TRL e
NAPLES,FL 34114-9602
TIITFIDNR
FAKAHATCHEE STRAND ST PRES
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3900 COMMONWEALTH BLVD
TALLAHASSEE,FL 32399-6575
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Agenda item No. 17B
(~l(J18Al
THE PORT-OF-THE-ISLANDS REZONE PETITION
NEIGHBORHOOD INFORMATION MEETING
FEBRUARY 25,2010
NAME
ADDRESS
TEL. NO.
~
H:\2009\2009020\LD\Rezone\NlJy[\NlM Sign-In Sheet.doc
M
HOL ONTES
ENGINEERS ' PlANNERS 'SURVEYORS
lANDSCAPEARCHITECT8
Agenda Item No. 17B
May 25,2010
Page 92 of 107
February 25,2010
950 Encore Wey. Naples. Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099
Re: Port-of-the-Islands Community Improvement District
Application to Rezone from CON and RT to P District
RZ-PL-2009-910
HM File No.: 2009.020
Dear Property Owner:
The rezoning request for the CID is to rezone 4.8 acres from the RT and CON Districts with a
conditional use for essential services (sewer and water facilities) and the RT District to the
Public Use District to allow essential services (principally sewer and water facilities) and an area
for a community meeting room for the CID District on the southern portion of the property on
1.16 acres (see attached Master Plan), The location of the proposed rezoning is north ofU,S. 41
and generally at the location where the existing sewer and plants are located,
The Resort Tourist District without the conditional use for essential services would generally
allow multi-family and hotel and motel uses, as would the southern 1.16:10 acres that is currently
vacant. See attached list of permitted uses from the Collier County Land Development Code for
the RT District.
The rezoning to the Public Use District for the entire property would no longer allow hotel and
motel uses and the conditional use for sewer and water facilities but would allow for public uses
including sewer and water facilities among other uses included in the P District (see attached list
ofpennitted uses), While the ClD District intends to use the subject property for sewer and water
facilities and a community meeting room, a number of other uses are also permitted, as you can
see from the attached list, some of which may be considered less desirable than the proposed use
that are for sewer and water facilities and a meeting room for the CID District. The ClD District
will state on the public record that the CID District at the present time intends to only develop
the subject property in accordance with the proposed uses as generally set forth on the Master
Plan for essential services and similar use to serve the needs of the Port-of-the-lslands
community, Prohibited uses include collection and transfer sites for resource recovery,
Very truly yours,
HOLE MONTES, INC.
REPRESENTING THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT
DISTRICT
,&dJ a4'~"
Robert L. Duane, AlCP
Planning Director
Attachments as noted.
H :\2009\2009020\LD\Rezone\N IM\NlM Handout.docx
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Agenda Item No. 17B
May 25,2010
Page 94 of 107
LDC Section 2.03.02.E.
Residential Tourist District (RT)
The purpose and intent of the residential tourist district (R T) is to provide lands for tourist
accommodations and support facilities, and multiple family uses. The RT district corresponds with and
implements the urban mixed use district and the activity center district in the urban designated area on
the future land use map ofthe Collier County GMP.
1. The following subsections identifY the uses that are permissible by right and the uses that are
allowable as accessory or conditional uses in the residential tourist district (RT).
a. Permitted uses.
1. Hotels and motels,
2. Multi-family dwellings.
3. Family care facilities, subject to section 5.05.04.
4. Timeshare facilities.
5. Townhouses subject to section 5.05,07.
b. Accessory Uses.
1. Uses and structures that are accessory and incidental to uses permitted as of right in the
RT district.
2. Shops, personal service establishments, eating or drinking establishments, dancing and
staged entertainment facilities, and meeting rooms and auditoriums where such uses
are an integral part of a hotel or a motel and to be used by the patrons of the
hotel/motel.
3. Private docks and boathouses, subject to section 5.03.06.
4. Recreational facilities that serve as an integral part of the permitted use designated on a
site development plan or preliminary subdivision plat that has been previously
reviewed and approved which may include, but are not limited to, golf course,
clubhouse, community center building and tennis facilities, parks, playgrounds and
playfields.
c. Conditional uses. The following uses are permitted as conditional uses in the residential
tourist district (RT), subject to the standards and procedures established in section 10.08,00.
1. Churches,
2. Marinas, subject to section 5.05.02.
3. Noncommercial boat launch facilities, subject to the applicable review criteria set forth
in section 5.03.06.
4. Group care facilities (category I and II); care units; nursing homes; assisted living
facilities pursuant to 9 400.402 F,S, and ch. 58A-5 F.A.C.; and continning care
retirement communities pursuant to 9 651 F.S, and ch. 4-193 F.A.C.; all subject to
section 5.05.04.
5. Private clubs.
6. Yacht clubs,
7. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, section 5.04.04.
8, Ancillary plants.
Excerpt from Municipal Code Corporation Website for RT Zoning District 2-18-10
Agenda Item No. 17B
May 25, 2010
Page 95 of 107
LDC Section 2.03.05.A.
Public Use District (P)
The purpose and intent of public use district (P) is to accommodate only local, state and federally
owned or leased and operated government facilities that provide essential public services. The P
district is intended to facilitate the coordination of urban services and land uses while minimizing
the potential disruption of the uses of nearby properties.
I. Any public facilities that lawfully existed prior to the effective date of this Code and that
are not zoned for public use district (P) are determined to be conforming with these zoning
regnlations.
2. Any future expansion of these public facilities on lands previously reserved for their use
shall be required to meet the regulations in effect for the zoning district in which the public
facility is located.
3. Government-owned properties rented or leased to nongovernmental entities for purposes
not related to providing governmental services or support functions to a primary civic' or public
institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or
rezoned according to the use types or the use characteristics which predominate.
4. The following uses are permitted as of right, or as accessory or conditional uses, in the
public use district (P).
a. Permitted uses.
1. Administrative service facilities.
2. Child care, not for profit.
3. Collection and transfer sites for resource recovery.
4. Communication towers,
5. Education facilities.
6. Educational plants,
7. Essential public service facilities.
8. Fairgrounds.
9. Libraries.
10, MuseUllls.
11, Park and recreational service facilities,
12. Parking facilities.
13. Safety service facilities.
14. Any other public structures and uses which are comparable in nature with
the foregoing uses.
b. Accessory uses.
1. Accessory uses and structures customarily associated with the principal
permitted uses,
2. Residential and commercial uses of an accessory nature which are
incidental and customarily associated with support of a primary public use
of the site for public purpose and which are consistent with the growth
management plan.
3. Temporary use of the site for public purpose in accordance with section
5.04,00.
4, Accessory uses which are provided by concessionaires under agreement
with the county for the provision of the service.
Excerpt from Municipal Code Corporation Website for P Zoning District 2-18-10
Agenda Item No. 17B
May 25, 2010
Page 96 of 107
5. Any other public uses which are comparable in nature with the foregoing
uses.
6. Earthmining, provided the use of the excavated materials is utilized for
governmental projects.
c. Conditional uses. The following uses are permissible as conditional uses in the
public use district (P), subject to the standards and procedures established in
section 10.08.00:
1. Airports and parking facilities.
2. Ancillary plants.
3. Animal control.
4. Detention facilities and jails.
5. Detoxification facilities.
6. Electric or gas generating plants.
7. Incinerators.
8. Major maintenance and service facilities.
9. Mental health and rehabilitative facilities, not for profit.
10. Resource recovery plants.
11. Rifle and pistol range for law enforcement training.
12. Sanitary landfills.
13. Any other public uses which are comparable in nature with the foregoing
uses,
14. Earthmining.
Excerpt from Municipal Code Corporation Website for P Zoning District 2-18-10
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A PAACaOF LANtlLOCATmINA PORTION OF SECTION 4, TOW~SHII>52sotmf. AANGE:;!' EAST.
caulS/; coumy, FlORll:lo\, B!.ING MORE PAAT1CtJt.AALV DESCRl81m lIS FOl.l.OWSl
SEOlN AT THE NClRlllE'AST CORNeR OF THE SOlITHEAST QUAR'fCA OF SECTION 4. TOYmSHIP S2
SOiJi'i.l,ItNIGE28 EAST. COL1..leRCOUNTY, FJ.ORlClA;~RUH S,1Xl"3r4G"E.,ALONO THE ~T
l.IHE OFTHE SOl.m16AST QUNn'ER OF MlO S&CnON 4, FORA Dl.sTNfCE OF llll4.23 FEET;
lMENCER~ N.oW31'46"W~FOI\A ClSTAtlCEOF._ FeE1'TC THfi: 1lEGINNlNG0fI A
TANtiEN'TIAJ. ~ CURVE CONCAve NORnIEASTERLY: THetC:l! IWN NOR'THWESTERL T
..o.L.ONG THEARC OF lWD CUPt\IE TO me RlGIiT. HAV\HGA ~lU$ OF82.50 l"EETn<<ot.JGH A
cetmw.ANGl.e OF 45'l101lV" SU8lEHDEO I5V ACHOfU) 01' 63.14 Fro AT ^ SENlING OF
N.23"OT<<>W~ FOR A. DISTANCE Of M.llD FEETTO Tltl! ENe Of' SAID CUAVe; 11iaCE A1.lN
N.oo"31'48"Wq I"OI'tA Dl6TAHCI!i 0I"a6.08 FEET;TmNCEI'tUN&.ar22'14'W.. FORADl5TANCE OF
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N.DO'38'Inl'., FORADllTANCeOF 28ll.ll FEET; THENCE RUN N.Ill"2f'll2"E. FORA Cl8TANCE OF
77.18 FEeT; 'THENCE Rl.IN N.lID*I:04'W.. FORA om..w::e 0'F3.Oll F!ET;THEHCl!. R!JN N.II9"'OT56"E.,
FOR A DISTANCE. OF 35.DD ~ 'nWICE RUN &.DD"52'D4"E., fOI'l A OlSTANCE OFl.19 FEET;
THEHCt RUH N.&9"'2f'02"E. fORA DISTANCE OF 137.12 FEETTO A POWTOHTHE EAST UNE Of
THE HOImlEAST QUARTER OF SAIl) $!CllON 4; 11fENC61WM S.ocnn8"E., AlONG THE EASTUNE
OP'1'lE:~Ql/ARTEROFUlD llECl'1OH4 fORA DlSTANCC0f"3O/UlllFlSeTTO'tHt
I"OlNTaf'BEGII'IlNlNO:CONTAJNINGUQIICRES,MMe OR LESS.
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THIS PROl>ERTY IS S1.iBJEctTO EASEMertS, RESERVATIONS OR RESTRlC'lJOIIIS OF RECORD.
BEARINGS SHOWN HeREON REFER TO nilE ~r lWE OF ntE 90IJTllEAST QlJAATER OF
~~~~OWN5HIP!l2 SOUTH.. RANGE 28 EAST, COI.LllilR COUNTY, FlOFllOAAS BEING
ABSTRACT OF mt.E HAS NOT aE.ENREVlewmLQ~~.__
ElEVATIONS REFER TO THE NATIONAL GEOOeTlC vmTlCAl OATl)M OF 1929.
SITE BENCHtMRK: BM lI'l~'f3.(l1, UPPER WEST F'l.ANGE BOlT ON FIRE HYDRANT NEo'IR S.W.
CORNER Of' PR,OPERlY. El..l!V." 8""
T01>OGFtAPHICAl.. OATA SHOWN HEREON WAS OBTIIINfO ON 1l!IlWa.
THIS SUPYEY IS NOT VAl..ID WIlllO\1!niE SlGNATUFlS AND ORIGINAL RAISED SEAl... OF A
FLORJD.O. UCENSIID SUfWEYOR AND MN'f'EFl
CERTlFlED TO: PORT OF 'Tl-lE ISl.ANOS COMMUNITY IMPROVEMENT OIS'!1l.Ict
j HEREBY CERTIFY 'JW<lT TloIIS SKETCH 01' Tl1I!: HEREON DSSCftIBED PROPERty WI>$) SVRVEVEO
UNDER MY DIRECTiON ON OtVI1/21Xlll.I ftIR'T}!ER Caml"YllIAT lHlS SURVEY MEETS 1HE
MINIMUM ~STAN!W'lOS FOR lAND SlJRVlMNG INTHE STATE OF FLOI'llOAPURSUANT
TOCHAI'TEFI&1G1Hi,FAC.
HOLE MONTES, INC. : .
CERl1FICATE OF A\J'THoFt1zATlON NmmERlB In2
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AdqptedNov.2S.
ALlTIlORITY: 3saFS. Lawlniplemei\t~d Chapter 73,131. Laws
Rule 2S-25.011.F,A,C.. 2S FLADC 28-25.011
current with rules included iu the March 19,2010 issue of the Floridl\ Administra;ive Weekly.
Copr. (C) 2010 Thomson Reuters. A)l rights reserved.
END OF DOCUMENT
@2010ThomsonReuters. No Claim 10 Qrig, US Gov, Works.
http;/ Iweb2.westlaW.com!l'rintlpm'1tstream.aspx?sv=Split&prit=HTMLE&fn
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Agenda Item No. 17B
May 25, 2010
Page 99 of 107
CONSISTENCY REVIEW MEMO
To:
Kay Deselem, AICP, Principal Planner, Zoning and Land Development Review
Department
From:
Beth Yang, AICP, Principal Planner, Comprehensive Planning Department
Date:
January 26,2010
Subject:
Future Land Use Element (FLUE) Consistency Review
PETITION NUMBER: RZ-PL2009-91O
PETITION NAME: Port of the Islands
REQUEST: Rezone :104.8 acres from RT, Resort Tourist Zoning District and CON, Conservation
Zoning District to P, Public Use District to allow expansion of the existing water plant along with other
essential services and a community meeting room for the Port of the Islands Community Improvement
District (CID).
LOCATION: The subject property is located north of U.S 41 in the Port of the Islands, having a
physical address of 12700 Union Road, in Section 4, Township 52 South, Range 28 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated as Urban _
Mixed Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP).
Relevant to this petition, the Urban designation allows essential services as defined in the Land
Development Code, Section 2,01.03 of the LDC identifies the proposed use as an essential service. In
addition, the subject property lies within "Port of the islands" and is excerpted below from the Future
Land Use Element.
"Port of the Islands is a unique development, which is located within the Urban Designated Area,
but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of
the development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands, Port of the Islands is
eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that
the overall residential density and commercial intensity does not exceed that permitted under
zoning at time of adoption of this Plan. "
Agenda Item No. 17B
May 25, 2010
Page 100 of 107
The subject property is zoned "RT" and "CON", with an approved Conditional Use (CU-92-50). This
petition is also a companion item for five variances, including reduced parking requirements. The
applicant is seeking rezoning of "RT" and "CON" zoned portions of the property to "P" for future
expansion and development of the facility. There will be no increase of intensity of use for the subject
property.
FLUE Policv 5.4 states: "New developments shall be compatible with, and complementary to, the
surrounding land uses, as set forth in the Land Development Code. "
It is the responsibility of the Zoning and Land Development Review staff, as part of their review
of the petition in its entirety, to perform the compatibility analysis.
Based upon the above analysis, staff concludes that this petition may be deemed consistent with the
Future Land Use Element.
cc:
Ray Bellows, Zoning and Land Development Review Section, Plaming Manager
Mike Bosi, AICP, Comprehensive Planning Section, Plamiog Manager
David Weeks, AICP, Comprehensive Planning Section, OMP Manager
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Agenda Item No. 17B
May 25, 2010
Page 102 of 107
ORDINANCE NO. 10-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A CONSERVATION
(CON) AND RESORT TOURIST (RT) ZONING DISTRICT TO A
PUBLIC (P) ZONING DISTRICT FOR THE PROJECT KNOWN
AS PORT OF THE ISLANDS, LOCATED AT 12700 UNION
ROAD, IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4,848+/-
ACRES SUBJECT TO CONDITIONS; PROVIDING FOR REPEAL
OF ORDINANCE NO, 92-59; AND BY PROVIDING AN
EFFECTIVE DATE,
WHEREAS, Robert Duane, AICP of Hole Montes, representing Port of the Islands
Community Improvement District, 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 classitication of the real property more particularly described in Exhibit A,
located in Section 4, Township 52 South, Range 28 East, Collier County, Florida, is changed from a
Conservation (CON) and Resort Tourist (RT) Zoning District to a Public (P) Zoning District for a
4.848+/- acre project known as Port of the Islands, subject to the conditions shown in Exhibit B.
Exhibits A and B are attached hereto and incorporated herein by reference. The appropriate zoning
atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance No, 92-59, establishing a Conditional Use for a water and wastewater treatment
plant, is hereby repealed.
Port of the Islands RZ-PL2009-910
REV. 4119/10
10f2
Agenda Item No. 17B
May 25, 2010
Page 103 of 107
SECTION THREE:
This Ordinance shall become effective after filing with the Department of State and 45 days
after rendition of this Ordinance to the Department of Community Affairs, the Southwest Florida
Regional Planning Council and owner in accordance with Sections 9J-I-002 and 9J-I-003 F.A.C.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
\.-l(J'(..\yOIO
'-11)-\
Heidi Ashton-Cicko
Section Chief, Land Use/Transportation
A TT ACHMENTS: Exhibit "A" - Legal Description
Exhibit "B" ~ Conditions of Approval
CP\ 1O-CPS-O 1 00] \3 9
Port of the Islands RZ-PL2009-9! 0
REV. 4119/10
20f2
Agenda Item No. 17B
May 25, 2010
Page 104 of 107
HM
HOLE MONTES
_.IVlI<RS'_
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9SQEncoreW'I'J'NlpIM,F1oridl34110'Phan8:tl9.254.200Q'FIX:239,25U07~
HM PROJECT #2008.011
5113/2006
REF. DWG. #B-8358
lEGAL DESCRIPTION:
A PARCEL OF lAND lOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COlliER COUNlY, FlORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS:
~ AT THE NORTHEAST CORNER OF TIlE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
52 SOUTH, RANGE 28 EAST, COlliER COUNlY, FlORIDA; THENCE RUN S.00'37'46"E., AlONG THE
EAST liNE OF THE SOUTHEAST QUAR'rER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET:
THENCE RUN N.45'37'48'W" FOR A DISTANCE OF 269.86 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE' CONCAVE NDRTHEASTERL Y; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A
CENTRAL ANGlE OF 45'00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF
N23'07'46"VV" FORA DISTANCE'OF 64.60 FEET TO THE END OF SAID CURVE; THENCE RUN
N.00'37'46"VV., FOR A DISTANCE OF 65.06 FEET: THENCE RUN S.89'22'14"VV" FOR A DISTANCE OF
35.00 FEET; THENCE RUN N.OO'37'46"W., FDRA DISTANCE OF 350.03 FEET; THENCE RUN
N.00'38'58"W., FORA DISTANCE: OF 299.86 FEET; THENCE RUN N.69'21'02'E. FOR A DISTANCE OF
77.18 FEET; THENCE RUN N.OO'52'04"VV., FOR A DISTANCE OF 3.06 FEET: TIlENCE RUN
N.69'07'56"E.. FOR A DISTANCE OF 36.00 FEET; THENCE RUN S.00'52'04'E" FORA DISTANCE OF
3.19 FEET; THENCE RUN N.89'21'02'E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.OO'38'56"E.,
ALONG THE EAST liNE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4,848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST liNE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH. RANGE 28 EAST, COLliER COUNTY, FLORIDA AS BEING
S.00'37'46"E,
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION lB # 1772
BY: ~O!:;M.~
P.S.M. #5628
STATE OF FlORIDA
H.~~Or-",~,,,,,,,,,,,,,-,DQC;
Naplcs'FlIl1M~''nnicll
Exhibit A
Agenda Item No. 17B
May 25, 2010
Page 105 of 107
CONDITION OF APPROVAL
Port of the Islands
RZ- PL2009-91 0
Principal Permitted Uses within this project shall be limited as follows;
A. Within the area that was formerly designated as CON zoning as shown on the attached zoning map in
effect prior to this rezone, the uses are limited to only the following uses;
1. Administrative service facilities
2. Communication towers
3. Essential public service facilities
4. Park and recreational service facilities
5. Parking facilities
6. Safety service facilities
The following uses are specifically prohibited;
I. Chiid care
2. Collection and transfer sites for resource recovery
3 Education facilities
4. Educational plants
5, Fairgrounds
6. Museums
7. Libraries
B, Within the area that was fonnerly designated as RT zoning as shown on the attached zoning map in
effect prior to this rezone, the uses are limited to only the following uses;
I. Administrative service facilities (including a community center)
2. Communication towers
3. Essential public service facilities
4. Park and recreational service facilities
5. Parking facilities
6. Safety service facilities
7. Libraries
8. Any other public structures and uses which are comparable in nature with the foregoing uses
The following uses are specifically prohibited:
I. Chiid care
2. Collection and transfer sites for resource recovery
3, Education facilities
4. Educational plants
5. Fairgrounds
6. Museums.
Revised 4/7/10 to reflect ccpe changes
EXHIBIT B
Page 1 of 2
A-ACSC/ST
A-ACSC/ST
Agenda Item No. 17B
May 25,2010
Page 106 of 107
CON
RT
I"OIfT -OF - T;E -ISLANDS
~REMUb" Fl'ANC'il
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ZONING MAP
EXHIBIT B
Pcc;;e 2 c~ 2
Agenda Item No. 17B
May 25, 2010
Page 107 of 107
t8D o Monday, May 10, 2010 0 Naples Daily News
('J:l'J II"W~:III~ ~ Ii H.m. ('J:l'JIU'lIl~:III~ ~Ii H.m.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 25, 2010, in the Boardroom, 3rd Floor,
~r~nin~s~~~~~nFI:~~~:n~e ~o~~~d ;rCo~n:~~~~I~n~~t:i'1l ~~~~iC:~h~a:::~!
ment of a Coun~ Ordinance. The meeting wilfcomrnence at 9:00 A,tw'. The title of
the proposed Ordinance is as follows: .
AN ORDINANCE OF THE BOARO OF COUNTY COMMISSIONERS OF COLLIER COUN.
TY; FLORIDA, AMENDING ORDINANCE NUMBER 2004<11, AS AMENDED, THE COL.
L1ER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABUSHED THE COMPREHEN-
SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN.
TY, FLORIOA, BY AMENDING THE APPROPRIATE ZONING ATlAS MAP OR MAPS BY
CHANGING THE 20NING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER.
TY FROM A CONSERVATION (CON) AND RESORT TOURIST (RT) 20NING DISTRICT TO
A PUBLIC (P) ZONING DISTRICT FOR THE PROJECT KNOWN AS PORT OF THE IS-
LANDS, LOCATED AT. 12700 UNION ROAD, IN SECTION 4, TOWNSHIP 52 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.848 +1_ ACRES SUB.
JECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 92-59; AND BY
PROVIDING AN EFE=ECTIVE DATE. .
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.
,
~~uTnE~ a~~rn~~~a~~rW'~~~1ot~r~:~~ati~n a~l t~~e~g:n~t;~:u~. t:j~eJre~. ~~
dividual speakers will Ce limited to S,minutes on anyitem..The selection of an indi-
b~d~h~ t~hs~~~~n~na b:~~~fes~e~s~norib~n~la~~~~poro~r~~~iz:~i~~ur~~~db~f ~~~e~Z~~
min~es to speak on an item.
Persons wishing to have written or graphic materials included in- the Board agenda
~~b1kts h~~f~g~~?nm~n~i~as~a~~\~e~ ~~~~~~ fr:t;n=~ Pb~orC~~Sj~~~edes~ect;h:
Board shall be submitted to the appropriate County rtaff a minimum of seven da~
~~i~~~ at~~r~uab~~nr~:%~~f t~~ ~~~~;/al used in prese~~tions before the Board wIll.
Any person who decides to appeal a decision of the Board will need a record of the
r:~~ded~fg:h~e~r~~;~~i~~:rfstom~d~.,t~hk~or~~C;~ i~~~d:~ thr:u;:n1~~n; ~~r~~~
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 the proceeding, you are entitled, at no cost to you, to the. provision of
~~~n I~~~~~dn~~, 3~~:Sta~~~r T:~ii ~:s~je~u~tdi~i ~~~~~~~,M~~ri~:~~tl r,e~~)
252-83BO. Assisted listening devices for the hearing impiured are available in _ the
Count~ Commissioners' Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYlE, CHAIRMAN
DWIGHT E. 6ROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
~ 10 7010
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