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Agenda 03/10/2009 Item #17E AgE;nda !tern No. 17E March 10, 2009 Page 1 of 11 ,- EXECUTIVE SUMMARY Petition ST-2008-AR-13958, WilsonMilIcr, Inc., rcpresenting North Naples Fire Control District, requesting a Special Treatmcnt development permit to construct a two-story 12,952 sqnare-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in section 13, township 48 sonth, range 25 east, Collier Couuty, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) take final action on the Site Alteration Plan or Site Development Plan for a Special Trcatmcnt Pelmit. CONSIDERATIONS: - The petitioner requests a Special Trcatment (ST) Development Permit to construct a two- story 12,952 square-foot tire station with associated parking, utilities and a sllrface water management system on 3.4 acres. The Land Development Code reqllires Special Treatment (ST) Developmcnt Pelll1its to he submitted to the Environmcntal Advisory Council and Collier County Planning Commission for their review and recommendations. final action on Special Treatment (ST) Developmcnt l'enllits lies with the Board of COU11ty Commissioners. As stated in section 2.03.07.D. of the Land Development Code (LDC), the Special Treatment (ST) ovcrlay district classification will he used for those lands of environmental sensitivity and historical and archaeological signiticance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by Code or by ordinance. All land within the ST overlay district shall he designated as environmentally sensitive. -- Section 2.03.07.D. of the Land Development Code states the pW']Jose and intent of the ST overlay district, and reads as follows: "Within the County there are certain areas, which because of their uniqlle assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance. rarity in the COllnty, or their contrihution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benctit to the people of the County. Such areas include, but are not necessarily limited to. mangrove and freshwater swamps. barrier islands, hardwood hammocks. xeric scrubs, coastal beaches, cstuaries, cypress domes, natural drainage ways, aquifer recharge areas. and lands and structllres of historical and archaeological significance. The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preseryation of the intricate ecological relationships within the systems, and at the sanle :lsrn r,~:). i It: f'liar2h 10, 2ClC9 F1a'J8 :: of 1 'I time, penllit those types of development which will hold changes to levels determined acceptable by the BCC after public hearing." The Fire Station #48 property contains portions ofST overlay areas 13E and 13F. These ST overlay areas were originally delineated to define the approximate location of cypress domes, identified by COllnty staff as significant resOllrces and warranting an elevated level of protection. The majority of ST overlay area 13E extends off-site nOltheast of the flTe station property. The portion of ST area BE located on-site is proposed to be completely preseryed and therefore does not reqllire a ST pelmit. However, the proposed impact to ST overlay area 13F requires a ST permit. The site plan does not have the flexibility to implement the project and completely preserve both ST areas. Therefore, ST area 13F is proposed to be impacted. Please refer to Exhibit E of the EIS to review the ST overlay areas. The cypress dome that was the basis for ST area 13F was located entirely within the Livingston Road footprint, as indicated by pre-Livingston Road aerials. This is sllppOlied by the lack of cypress dominance in the undisturbed forested areas adjacent to the road. When Livingston Road was conslrllcted, the two regions of the original box- shaped ST bOllndary that extended beyond the footprint of the road were not dissolved, even thollgh neither fragment retained the cypress habitat that was originally determined to require the greater level of permitting. As a reslllt, Fire Station #48 is being required to obtain a ST penllit. An Environmental Impact Statement (EIS) has been sllbmitted as it is a requirement associated with thc ST pernlit. Final action on the Site Alteration Plan or Site Development Plan for a Special Treatment Penllit lies with the Board of County Commissioners. FISCAL IMPACT: This petition for a Special Treatment (ST) pern1it by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject site is located within the Urban-Mixed Use District, Urban Residential Sub- district that is intended to provide higher densities and where existing and planned public facilities are concentrated. A consistency analysis with applicable elemcnts of the GMP is as fo Ilows: Future Land Use Element: The subject site is designated Urban/Urban Mixed Use District/Urban Residential SlIb district as depicted on thc cOllntywide Futllre Land Use Map and in the FlItllre Land Use Element. Relevant to this petition. this designation allows essential services as provided for in the Collier COllnty Land Development Code. The slIbject site is zoned "A" Agricuitllral. Section 2.u 1.03 E. of the LDC provides that certain safety service facility 2 :\SITI No. I .:. :\~a,^Gh 10, 2DCl3 2> of 11 essential services (law enforcement, fire, and emergency medical services) are pelmitted lIses in the "A" zoning district. Therefore. this petition may be deemed consistent with the Future Land Use Elemcnt (FLUE) of the Growth Managemcnt Plan (GMP). Conservation & Coastal Management Element: Goal 2 The fllture development of Fire Station #48 is consistent with the objectives of Policy 2.2.2 (i.e., that all canals. rivers, alld flow ways discharging into estuaries shall meet all applicablc federal, state, and local watcr quality standards) throllgh issuance of the state Environmental Resollrce Pcmlit #1 I -02836-P. attached as Exhibit G of the EIS. Goal 6 The Fire Station #48 project is required to preserve at least 10%. which equates to 0.34 acres of the existing native vegetation on-sitc as required by Policy 6.1.1. Approximately 0.54 acres of existing native vegetation are proposed to be preserved. A littoral shelf planting arca within the wet detention pond is shown on the Site Development Plan (Exhibit F). It meets the minimllm planting area reqllirement in Policy 6.1.7. The requiremcnt for an Environmental Impact Statement pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (USACE) agency permits with requirements of mitigation for impacts to jllrisdictional wetlands have been acqllired. Thcrefore. the proposed project is consistent with the Objectives and Po licies of Goal 6. Goal 7 The results of a wildlife survey, in accordance with Policy 7.2.1, are included in the Environmental Impact Statement (ElS) on page 13. No listed wildlife was observed on site, however there is potential for the Big Cypress fox squirrel to use the site. based upon a squirrel nest observed on site. This spccies will be protected during construction. Thercfore, no impacts to listed wildlife species are anticipated as a result of this project. As a rcsult. the proposed project is consistent with the Objectives and Policies of Goal 7. Goal 11 Therc are no archaeological sites documented on the property. If during the cOllrse of site clearing, an archaeological or historical artifact or other indicator is discovcrcd, developmcnt activities at that specific site shall be immediately suspended f()r a sllfticicnt length of time to cnable the County or a designated consultant to assess thc find and determine the proper course of action with regard to its salvage ability. Therefore, the proposed project is consistent with thc Objectives and Policies of Goal II. 3 i:{;1n r\:o. i f"C f,,1arch i O. 20(;9 .:; of i 1 ENVIRONMENT AL ISSUES: The Fire Station #48 site contains 3.40 acres of native vegetation and the development is required to preserve at least 10% of it (i.e., 0.34 acrcs). The applicant will preserve 0.54 acres of native vegetation. The entire site is jurisdictional wetland to the South Florida Water Management District (SFWMD) based upon Environmental Resource Pennit #11- 02836-P staff report. The u.S. Am1Y Corps of Engineers pcrmit has been issucd (SAJ- 2007-0395). HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. LEGAL CONSIDER;\' TIONS: This item has been reviewed and approved for legal sufficiency. It is quasi-judicial and as such, ex parte disclosures are required. A majority vote of the Board is necessary for Board action. IIF AC ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council unanimously (7-0 vote) recommended approved of the petition on February 4,2009. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their pub1ie hearing on February 19,2009. The CCPC forwarded Petition ST-2008-AR-13958 to the Board of County Commissioners (BCC) with a recommendation of approval (9-0 vote). RECOMMENDATION: Statl reeommends APPROVAL of Special Treatment Development Pem1it ST -2008-AR- 13958, "North Naples Fire Distriet - Station #48." PREPARED BY: Summer Araque, Senior Environmental Specialist, Engineering and Environmental Serviees Depalimcnt, Community Developmcnt and Environmental Serviccs Division. Pctition ST-2008-AR-13958 4 Item Number: Item Summary: Meeting Date: Page 1 of 1 A;:)enda Item r'~o, ! TE Maid) 10.2009 Page 5 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS HE Petition ST-2008"AR-13958, WilsonMiller, Inc., representing f'Jorth Naples Fire Control District, requesting a Special Treatment development permit to construct a two-story 12.952 square-foot fire station with associated parking, utilities and a surface water management system on 3.4 acres zoned agricultural with a Special Treatment overlay (A-ST) in section 13, township 48 south, range 25 east Collier County. Florida 3110/20099:0000 AM Prepared B)' Summer BrownAraque Environmental Specialist Date Approved Hy Environmental Services 2/12/20092:03:59 PM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 2120120092:56 PM A. pproved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 2!24!200911:26 AM Appro,'cd By William D. Lorenz. Jr., P.E. CommLlnity Development & Environmental Services Environmental Services Director Date En...ironmental Services 2./24!2009 11 :30 AM A pprond By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Oevelopme:nt & Environmental Services Admin. 2124/20091:13 PM Approved By Jeff Klatzkow County Attorney .A.ss.istant County Attorney Date County Attorney Office 2126/20092:51 PM Appr'ond B)' OMS Coordinator County Manager's Office OflllS Coordin"tor Date Office of ManagemElnt & Budget 2.127/20098:38 AM /\ppro\'cd B:y Mark lsackson County Manager's Office Budget Anaiyst Date Office of Management & Budget 2,'27/20095:08 PM A pprovcd By _Iam<:s Y. 1\"~!dd Board of County Commissioners r,.",.....t" ~~..,..,,,__.,~ -~_.") ...~.,~~... County Manager's Office 313/20095:33 PM f";1",.//r.\ ^ ""'....r1...I"'C't\ J:'v,.,,-wt\''1'' I\A"",.,--.hO/~ '1n1 n 0/_ '1n'1nf\O\, '7 01. ..,f\CT 11\1\"1\/f ^ 0 VO/_ '1n ^ r. C1\ln ^ ":! 1.1 /..,f\(\O :~srn NG. ',i'E r~'i9r:h 10, 20C9 6 of 11 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF COUNTY COMMISSJONERS RELATING TO PETITION NUMBER ST-2008-AR-13958 FOR A SPECIAL TREA TMENT DEVELOPMENT PERMJT TO CONSTRUCT A TWO-STORY 12,952 SQUARE FOOT FIRE STATION WITH ASSOCIATED PARKING, UTILJTIES AND A SURFACE WATER MANAGEMENT SYSTEM ON 3.4 ACRES ZONED AGRJCULTURAL WJTH A SPECLA.L TREATMENT OVERLA Y (A-ST) IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter] 25, Florida Statutes, has conferred on Collier County, the power to estahlish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 04-55, as amended, which establishes regulations for the zoning ofpartieular geo~,'raphic divisions oflhe County; and WHEREAS, the Board of County Commissioners, Collier County, heing the duly elected constituted board of the area hereby affected, has held a hearing in regular session as in said regulations made and provided, and has considered the advisability of allowing the construction of a two-story 12,952 square foot fire station with associated parking, utilities and a surface water management system on 3.4 acres as shown on the attached plans, Exhibits 'A", '.W', and '.C" in an Agricultural Zoning District with Special Treat.ment Overlay (A-ST) and has found as a matter of fact that satisfactory provision and an.angement has been made concerning all applicable matters required by said regulations and is in accordance with Section] O.02.06.C. of the Land Development Code for the unincorporated arca of Collier County; and WHEREAS, all interested parties have been given oppOI1unity to be heard by this Board in public meeting assembled and the Board having considered all matters present.ed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMi\lISSIONERS OF COLLIER COUNTY, FLORIDA. that: Petition ST-2008-AR-13958 filed hy NOI1h ";;ples Fire Control and Rescue District, with respecl LO the property more particuiariy knovdl as :~onh Napies Fire Stalion #48 is hereby -1- Agenda Item No. 17E March 10. 2009 Page 7 of 11 approved for a Spccial Treatment Dcvelopment Permit to allow the construction of a two-story 12,952 square foot fire station with associated parking, utilities and a surface water managemcnt system on 3.4 acres as shown on the attached plot plans, Exhibits "N', .']3", and "C" in an Agricultural Zoning District with Speeial Treatment Overlay (A-ST) wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST-2008- AR-13958 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and Legal sufficicncy I!\L- \A,.f.\ )" (,\ .(j Heidi Ashton-Cicko Assistant County Attorney CP\09-ENS-00338\4 ~ -L.- NORTH NAPLES FIRE STA nON APPliCANT: NORTH NAPLES FIRE CONTROL WilsonMiller ~-,,- ". - ~"'~-'~'ro .. New Oirec(ions In Planning, Design & Engineering WilsonMiller, Inc. Naples. Fort MYflrs . SlIlllSC!a . Bmdanltlll. T~mpa 3200 Blliley Llmll, Suil92oo. Naplss, AanGa 34105-85D1. Phone S41..s49-404!l. f;JX 941-643-5716 . WJ1b-.<;~. www.wiJ...lVmI7/wCl.:..1I Oee 1.3, 2007 - 15:DO:55 LOG~OSKYX:\Env\0.3557 09 Rev02\OJ.3\L 009 l.dwg MEDITERRA o <(, 0' 0::1 2' 0' f-' (j)' CJI 2' -, >, :::i) , , , , , LEE iCOLLlER , , , PRO LOC 11 14 WOOD ERIAL L1VINGSTONl iRO - , , , , , , , , , I I I 1\ \ \ , , , , , ' ROYAL PALM 13 "~. .', '"',' " I~TERNATIONAL ACADEMY _ /' ' :/. \ 23 PIPER BLVD. MEDICAL OFFICE Ig'^~ 9 0' <(I 0' 24 0::: 2' 0,' f- (I)' 0: 2' 5! :::;, , , RD.' VETE,RAN'S PARK COMMONS I GREEN TREE PROJECT: COUNTY \ \ COUNTy TUSCANY RESERVE A;]snda Item No. i 7E iAarch 10, 2009 Paae 8 of 11 U> I' ~ f':\ ~ QU z WE VI ~ I CD ::J -" U >- cr r- Z ::J 0 U ,;j u.. -" 0 '" (j] 0 0 0 3: (j] ~ (j] 0 QUA w r- cr '" II CL ::f >- u .- z OJ J: I NORTHB OOKE \ PLAZA , '- 48 LOCA nON MAP &: RESCUE DISTRICT E>(IT;BIT . , I, '\ t " it, (i i - ..""",."""",,,-,,~,....~-, -.."'-"""""_..._"''''-'.......'"~,~-~~..,_._,.. ERTY TION 7 PELICAN STRAND '" ..... w 18 !;: f- (I) 0:: w f- Z CARLTON LAKES PELICAN STRAND 19 J CO;JNl"l" ~tc, '3 COLliER 100Tfuov. 2006 RE\lNO, fWF>: HCE: 48 25 PI<'JJ~<;;' NO 03557 -00 1-000 WRWN ~Y!~"F> NO. D5G/2JGi 'UNO: 3557-009 I'HtETflO: 1 ," 5 J ttt OR: 289rTG~~JIQ\~~~ Page 9 of 11 r~L~" vel '-t r') b~f.( ("C'u EXHIBIT "A" The West one-half (W 1/2) of the Northwest one-quarter (NW 1/4) of the Southwest one-quarter (SW 1/4) of the Northeast one-quarter (NE 1/4) of Section 13" Township ~8 So~th,. Ra~ge 25 East said lands situate, ly:>.ng and be1ng 1n Coll1er County, 'Florida, less and except the following described parcel: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S. 88'20'115" W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 131 TI:!ENCE-RUJ:l. N. 00' 36'50" W., ALONG THE WEST LINE OF THE SOUTHEAS<r:A;1~E9f (,s~Ip:;:S~CTION 13, FOR A DISTANCE OF 2692.40 FEET TO TlIE,SO\1THWEST--corotE\l'ftl, THE NORTHEAST 1/4 OF SAID SECTION lJ J THEIlCE:RUN\N: 00' 36'50"'W.,s" ALONG THE WEST LINE OF THE NORTHEAST l/~ OF' S,\ID.'SECTIOIl13, FOR'-.')' DISTANCE OF 673.46 FEET TO THE SOUTHWEST CORNER 'bii'-THE---WEST, -1. /2 Of THE NORTHWEST 1/4 OF THE ','\.c~' ." . SOUTHWEST 1/4 OF THE -NORtHEAST lli.4 Of\ SA\~D SECTION 13, AND TilE porN'!' OF 1Jf':GIlfNI" N,G,..Ol'"'-'THE-@"fl: <;~Il,---ql."-\"A.t'D HEREIN DESCRIBED: THENCE CONTINUE N. DO' ?6t ,SOl' Wi(, A~rGitr~E\WF;ST\ LI~E OF THE NORTHE1.ST 1/4 OF SAID SECTIONI1Ji!. ~O~ A D;rS,T~J:E Of f>73.4t FEET TO THE NORTHWEST CORNER OF THE liESJ:, \1, p>OF'-'rm:' NOI(.T,HWE~.'1'> ~/J.'IOF THE SOUTHWEST 1/4 OF THE NORTHEAST 1):'4...01' SUO SECTION 13 T,HE:ljCE RUN N. 88' 34 '45" E., ALONG THE NORTH \L,INE OF THE WESTfh/, 9F;)THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF/.THE NORTHEAST l~/.4/pF-/SAIO SECTION 13, FOR A DISTANCE OF J 3. J 2 FEET, TO A POINT OJ:!" ~/CIRCULAR CURVE CONCAVE TO THE NORTHE^ST, WHOSE<!'X6~us. !,QINT--l:l~~/N. 83' 50 ' 04" W., A DISTANCE OF 1772. J 5 FEET TEEREFROI'll,'iTHENCB.RUN SOUTHEASTERL'i ALONG THE ARC OF SAID CU!.,,!,: ~'O T;"; TE:n, HAVING 11 RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF L'48'29", SUBTENDED BY" CHORD OF 700.88 FEET AT A BEAP.ING OF S. 17'34'10" E., FOR A DISTANCE OF 705.53 FEET TO THE END OF :';;\ID CUR';::: AND A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13: THENCE RUN S. 88' 32 '19" W.. ALONG THE SOUTH LINE OF THE WEST 1/2 OF THE NORHTWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR" DISTANCE OF 237.74 FEET TO THE POINT 0F n~GrlrnTNG, CONTAINING 1.72 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN S. 88'20'15" W. ALOHG THE SOUTH LINE OF SECTION lJ, ':'OWNS!:I? 48 SOUTH, RN1GE 25 FLORIDA. 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