Loading...
Agenda 05/26/2009 Item #10F Agenda Item No. 10F May 26, 2009 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) consider the following information regarding the Public Petition presented to the BCC on April 14, 2009 by Mr. Edward Bakay. OBJECTIVE: To have the Board of County Commissioners (BCC) consider the following information regarding vehicular traffic on Frangipani Avenue south of Golden Gate Estates. CONSIDERATION: At the April 14, 2009 BCC meeting, under Agenda Item 6D, Public Petitions, Golden Gate Estates homeowner Edward Bakay petitioned the BCC to: 1. Pave private access roads that exist within legally granted easements in the areas south of Golden Gate Estates. 2. Stop all unauthorized use of the existing 140 ft. Drainage and Canal Maintenance Easement by motorized land vehicles. 3. Institute stronger controls on rock crushing in the neighborhood to eliminate noise and vibration. 4. Enforcement of dust control, speed limits and encroachment issues on roads in the agricultural area. 5. Consideration ofthe impacts of all these activities on Bald Eagles. The name "Frangipani Avenue" was officially confirmed in September 1983 by Resolution 83- 153. The chairman of the Board at the time was Mary Frances Kruse, who owned a parcel on the south side of Frangipani Avenue at the time. Mrs. Kruse sold the parcel in July 1988 ((OR 1367, P2124). Within the description in that deed is the following statement: ".. . subject to reservations and easements of record including a 50' mutual right-of-way easement extending 25 ft. on either side of all section lines which easement is for the use and benefit of the adjacent property owners." The only section line that this property abuts is the one that Frangipani Avenue seems to straddle. Other parcels in the neighborhood have that same wording and some refer to quarter section lines and others just refer to easements of record. Staff cannot find any other record or reference that the total Frangipani Avenue easement is 50 ft. wide but is not prepared to say that the north half of the easement does not exist over the South Florida Water Management District drainage easement. If the road easement does exist, then access across it is legal. It should also be remembered that a great variety of small boat traffic uses the Golden gate canal system and putting limits on "traffic" in the drainage easements may result in confusion as to whether these canals can be used for recreation. The attached aerial photograph shows the Bakay parcel (small red square upper right), the Fawzy parcel (larger red square lower middle), the AP AC pit (lake edge in upper left corner), Frangipani Avenue (green line), and the canal just north of Frangipani Avenue. The photograph zooms in very well. - Agenda Item NO.1 OF May 26, 2009 Page 2 of 8 The BCC has set a precedent that Collier County does not pave private roads. The BCC recommends that private property owners who want their roads paved must set up Municipal Services Taxing Units (MSTU) and tax themselves to finance such improvements. The problem is that Mr. Bakay does not reside in the area where he is requesting that the roads be paved. If the residents of that area want their roads paved, staff will work with them to set up the proper mechanism. The Bakay property is approximately 7,400 ft. from the property line of the 30 acre Fawzy parce~ 5,300 ft. from the property line of the 640 acre AP AC pit and 8,300 ft. from the AP AC crushing operation. If Mr. Bakay believes that any equipment noise from any source exceeds the limits as established in the County Noise Ordinance it is recommended that he contact the Code Enforcement Department to register a formal complaint. Pursuant to the procedures on the Noise Control Ordinance staffwill respond and investigate if there is a violation. Mr. Bakay reports bald eagles have been seen in the area. The buffer zone around a bald eagle's nest that requires review and permitting is 660 feet. According to Florida Fish and Wildlife Conservation Commission information, the closest documented bald eagle nest is over five miles from this area. The AP AC pit has been in operation for about three decades. The newly approved, Fawzy fish farm site where mining operations just started was also cited by Mr. Bakay as another area in violation. Staff has conducted several unannounced site visits over the past several months and notes that the site is operating within all the imposed conditions of its Conditional Use (CU) and proper dust control measures were being employed. Staff has no control over speeding and vehicles driving outside easements. The following conditions were imposed as part of the Fawzy -- CU-2005-AR-8748: I. The use is limited to that depicted on the Conceptual Site Plan {Exhibit C to the Resolution} identified as "Fawzy Aquaculture Master Site Plan" prepared by Q. Grady Minor and Associates, FA., dated Jamlmy 2005, as revised through June 30, 2006, except as further conditioned below. 2. Approval of this Conditional U\'e shall not be construed as approval of the attached Conceptual Site Plan; the site plan shall be formally reviewed and approved as part of the Site Development Plan (SDP) process. No variances from any LDC requirements have been granted as part of the acceptance of the subject site plan. If it is determined that the site plan is not in compliance with any LDC requirement, the site plan must be brought into compliance prior to the issuance of any Site Development Plan approval. No excavation permit shall be issued until the SDP has been approved. 3. The amount of excavated material is limited to 300,000 cubic yards. 4. Excavation activities, including removal of material from the subject site, are limited to 18 months jI-om the beginning date of excavation, as reported in the "Annual Status Report for Lake Excavation, " required to be submitted to the County Manager or his designee. Agenda Item !\lo. 10F May 26, 2009 Page 3 of 8 5. All sections of roads impacted by truck traffic generated by the excavation activity shall be maintained by the owner of the subject site in a dust-Fee condition for the length of excavation time, as reported in the "Annual Status Report for Lake Excavation" to be submitted to the County Manager or his designee. Maintenance of the roads shall also consist of all material or components of the roads, which include a stabilized subgrade, base and wearing sUl:face. The sections of road to be maintained include the section on Ashraf Battisha Road, Fom the ent,y to the project site to Fawzy Battisha Aquaculture Avenue; the section on Fawzy Battisha Aquaculture Avenue, from the intersection of Ashraf Battisha Road to Dove Street; the section on Dove Street, from the intersection of Fawzy Battisha Aquaculture Avenue to Frangipani Street; the section on Frangipani Street, Fom the intersection (if Dove Street to 10th Street SE; the section on 10th street SE, from the intersection of Frangipani Street to Golden Gate Boulevard; and the section on Golden Gate Boulevard, Fom the intersection of 10th Street SE to Collier Boulevard. The County Manager or his designee may add sections of road to the above list, at his/her discretion. 6. The permitted aquaculture facility shall be limited to native species within the orders of lctaluridae and Palaemonidae. If a modification to the products allowed by Aquaculture Certificate Number AQ5421037 is made, it will require approval from Collier County Environmental Staff. 7. This project is within the Panther PrimaTY Merit Zone. Consultation must be sought Fom the wildlife agencies for any mitigation required. Staff will ask the agencies to sign off before work on the site commences with the first Development Order. 8. The results of a Big Cypress Fox Squirrel survey and listed plant species relocation shall be provided within 60 days of the Agricultural Clearing Not~fication approval. 9. Copies of all required agency permits shall be submitted prior to commencement (if any work on the site. 10. On-site water wells shall not to be used to fill, replenish, or cycle water through the proposed aquaculture lake. 11. The applicant shall provide wildl~fe crossings per the North Belle Meade Overlay requirements of the GMP, Vvith the number and design to be determined at the time of Site Development Plan approval, subject to review and approval by the County Environmental Services Department. FISCAL IMPACT: There should be no fiscal impact to Collier County except for the time to be spent by staff investigating this issue and in preparing this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Agenda Item No. 10F May 26, 2009 Page 4 of 8 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and is legally sufficient for Board action. This item is not quasi-judicial, and, as such, ex-parte disclosure is not required. This item requires a majority vote only. ----STW RECOMMENDATION: That the BCC recognize that Frangipani Avenue is a private road and consider the additional related information and in doing so direct the County Manager or his designee as to what course of action staff should take in this matter. PREPARED BY: Stan Chrzanowski, P.E. County Engineer Item Number: Item Summary: Meeting Date: Page] of2 Agenda Item NO.1 OF May 26, 2009 Page 5 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F This item to be heard at 4:30 p.m. Recommendation that the Board of County Commissioners (BCC) consider the following information regarding the Public Petition presented to the BCC on 14 April 2009 by Mr. Edward Bakay. (Stan Chrzanowski, Sr. Engineer, Engineering & Environmental Services Dept.. CDES) 5/26/2009 90000 AM Prepared By Stan Chrzanowski Community Development & Environmental Services Engineering Review Manager Date Engineering Services 5111/200911:19:15 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5111/20094:22 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 5111120094:47 PM Approved By Najeh Ahmad Transportation Services Director Date Transportation Engineering & Construction Management 5112120099:48 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5112120098:53 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 5113120099:31 AM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 51181200911:59 AM OMB Coordinator Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 5118120092:58 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 5/18120096:30 PM Approved By file://C:\AgendaTest\Export\] 30-May%2026, %202009\ 10. %20COUNTY%20MANAGER... 5/20/2009 ,. 'if!!. _. -I~""-'~-" . "'~""!IIilI'~-"" ,~""""~,,,""']'."-""'-,' .... "" . ... . ." ._M~' -., .-.. ..::~~ ~ ~ i~~ 4 .....~t;~~,~ ~f:O.j~~i~~,~~.:.~'.~,. ::~" 11~>:::~j',;:,i;5:I~L,~l;~ . i~,~~I';~~:]~ .,_ ff....'('jf.',.... .Ji!ijI ..... , . ........... 'Jr" '.. lif~...I~';'?. ;_:j~~IlII~I.:_~.~..'- '!lIIr_~-.~~.".:",.,:,tr- ~_".<'_~..' .:3 ;;i~:';,f;'i" w;~~ 2;:;~1"5> - """ --1 ~ - -..... I;A ..IIIiiiii1_rllla.'" · J"-~:.:i~: ~~.:1 '. ~:~ ; .. .,....-. _ . ',:: r . ;::~"'1t, . " II , IS' _:..d: '1 1:. Ji_ " . ",tIt' 'if II..' III!!' . . " .. 'IE~" '. I" :: T I -'1 "". ...__ ,f.,_."L:..~~: .:'J;J" ill ...:...._..:I~,/.l ."1'1,:, ....,11III.._. .ii'._-....'~Si.~~.. 11'11:~_,:',,:i..IIii........ ::~II'II_"_'.'.' .... -..,:....... . . .. . . --'.'.' n.:':.. _;:~.;:,~...>~.-:. .. -.1. ..:1 -'. '.' '. (.. . . iI. '" :.....' '::- =-..." 11I._.- · !II .'.~ .Jf:"..-:;.:....;.:'.... ,.. III.. '_'.. ...:' .._: I .'_'" ,11.11. ..' ... -._.' .11I . "',IIi, '. 11I-. ~ 1, .. ...... :.':.._11 .".' -...... .'I:'~'?:':.:;" ..: "'.,. ...lIIi.......: 4927 16 ~I;'; i -: =-. ~..49.2-~; ,. ........ -, -'" · - ..':.';. ".'11 -.........-... .'- ,I ". ,. .... " ':, ..".'" .' ....:.; 'j' .. III.. iI!!Ii ~i' ~ .......1 - .- I..,: ~.'r.';i.:IIiiiI~~:':-.':"" ." ,." ....... :1.,: _<. -r .'. . I' .., ...... . II. '. II.. II II I R .,' I..'~ ., ,..", "tiD:L'._ ... ':.:.... ..,-..... ~ ,., '. ... .. - .\ . . };~:i,~' t~,;:l~j~~f:':."\.~;)~:~:.....:..,.,:.1 II.' " "-1 .~,. - '; --:' t~,J ,,',.,:-; ;.,~~.T:!;:~; , " '. ..,..... ..'I. .'11=-.- , :;;,",r:~iitl+.~~".:;.....,...~~..~.'f,j.~.;l;~>,Rl.--...... . -.11, ;:. ;:,-;..;: :-".'. . .'...,,, -... . "...," . .,_. !ilII II _. , .. r " :>':~:" ..... . ,. '\ \.~'; ";;""'1 ," . ..._.":,1,:J;;: ..' .' ~..l "'.,h~ '.~ " ,., "~'l'l,. ... _ II.' . - ..;- .-,\' :'r''''.r.;~';..','':i',' ',. .....'.. ::11I. .:':'>'i,;.;::::::,~;:~..I' , /,~:: :.' ....:...- .... " . .1............<."",... .'. . ,"'... .- . ..,.. .. iiliI ' .. .-:;., h: ,.~::,:~.".'>:~:':~(:.,e1rr::,.:..>:\:',t":';~"':~.:':.~'~'~_. .. _: . .' .-1 __.. .J,........~"".........,"_'"'" ',;., . J. . ..... II!I , _1111_, .".':. -.-. .... 1~1.........::".' .", ......._ ". 11I.'.__. . ..' ,... ,,,.1Ill ,.' 11III I ........,.: III!II '. ......., ..... ":1.1 ,.... '-::.' .. --. M!I--""':' - .. ....... ...... p"lI - - ..... .. - - - . c'.:;'': - 11- ;;:.,' .. ..' .. .. ... .. .:;' ;,..... .,.".. II..... .-- '11II' . . . ;'1, . ." _. ... .... II . .' III. -- iii.. I. !!II .. -- _...... .. .- - -'. .. all: 11II. IBI I II CII .11.' .. .111I - I . .1IIlI - .,.,.. .' II . .. . :. .~ II.. I"' II 11II .. 111 II 11III I III .. - .. -11.- . 11II . . I .. .. 11IIII II - IC\I !II ~ Ii 11II -III- ... .B. .11I__ llII ._ . . ... ." . .. . III' IIlII I. .' iii III . . -.. .....,lII! II !III' II.".) :. ..B. 111I ~II'" .. - I!!I ...-~ lIIIigl I. . IIIIfII ,. . --- II; -- lIIIll . III Ill! .. n,,!: ~r\ .. . LLCYJo::J 00_ ..-00 .No::J o - Zt.OQ) NO) E >,lil Q) lil 0.. ==;:2: lil -0 C Q) 0) <1: '--:~~~'~ } ~ C) 2: h ~ :::i ~~. i:S ;"'1:---. t.;q~ l..Q ~\.J ~~ a5~ ~SS~ ~OO~ ~OV,jCS V)~~~ ~~~ ~~~g >~~.-- :5 t--:;. :=: ......J ~h[28 -;:.:q r'n !"'-\ ~ ~cr:::-~ O::x~~ ~~~S ::E;:r::~G t--::~ a~ ~t; r.....'~ ~t;rj to-~ ~ - ~D .......... .....:J~ :;..; ~~ - h U ~ to- ~ o ;,.HIM -' ; h ~ tJ,.'. F1' 'Coo"~ 1- s: /.:.,M ~j f~ :~ ,",; t.:,~ L ~~ d 0::i ;M.~ ~~ g 2,'~ M 2~J ~ s; ~ ~;.; ~:; <J ~ '. i\ :.0: .~~. ~.~ ;:0: if ~ foo } ~: i;;. t.., .-t ~ '" . "'I ~I.' ...,) :;;; G3 a ~ ~