Agenda 07/28/2009 Item #17F; ida it m No. 17F
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EXECUTIVE SUMMARY
RZ-2008 -AR -13967 The Collier County Department of Parks and Recreation, represented
by Heidi Williams, AICP, of Q. Grady Minor & Associates, is requesting a Rezone from the
Residential Single - Family (RSF -4), Village Residential (VR) and Goodland Zoning Overlay
(GZO) zoning districts to the Public Use (P) Zoning District for a community park. The
approximately 2.62 -acre waterfront property is located on the north side of Pear Tree
Avenue in Goodland, in Section 18, Township 52 South, Range 27 East, Collier County,
Florida. Companion Item: VA- 08- AR- 13671
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider the above - referenced Rezone
petition for a waterfront community park; and to ensure that the project is in harmony with all
applicable codes and regulations and that the community's interests are maintained.
CONSIDERATIONS:
The applicants propose to rezone the 15 subject parcels for a waterfront community park
notwithstanding the fact that the use is already permitted as a Conditional Use in the
aforementioned zoning districts. The basis for the rezone is that the parcels were deeded to the
County by the Florida Communities Trust, which stipulated in their grant that the properties be
rezoned to the Public Use zoning district as a way to ensure their continual use for solely public
purposes.
As depicted on the Conceptual Site Plan entitled, "Mar -Good Harbor Park," prepared by Q.
Grady Minor & Associates, P.A. and dated August 2008 (submitted for this item's companion
Variance application, VA- 2008 -AR- 13671), the proposed park would provide pedestrian
pathways for passive recreational use adjacent to Goodland Bay. These pathways would afford
pedestrian access from Papaya Street to the west, Pettit Drive to the east, and Pear Tree Avenue
to the south, providing users of the park with interconnections to two piers, a playground,
volleyball court, bocce ball court, picnic area, a canoe /kayak launch, various overhead shelter
areas, an "interpretive center" (i.e. museum and educational center) and several other buildings
situated across Pettit Drive, which are eligible for listing in the National Register of Historic
Places and have been recommended for historic designation by the County's
Historic /,Archaeological Preservation Board (HAPB). The park facility would also be accessible
by vehicle from two access points on Pear Tree Avenue, where a 20 -space parking lot would be
provided. Along the park's perimeter, various buffers and transitional screenin, would be
required to maintain compatibility with the surrounding residential uses. (These buffers are the
subject of the landscape Variance, whose details are elaborated in the companion application).
FISCAL IMPACT:
The proposed park, in and of itself, would have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, would maximize its authorized level of development,
however, if the use were approved, a portion of the existing land would be dcvcloped and the
.., new development would result in an impact on Collier County public facilities.
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The County collects all applicable impact fees before the issuance of building permits to help
offset the impacts of each new development on its public facilities. These impact fees are used to
fund projects identified in the Growth Management Plan's (GIMP) Capital Improvement Element
(CIE) needed to maintain adopted Levels of Service (LOS) for public facilities. Other fees
collected before the issuance of a building permit include building permit review fees.
It should be noted that the inclusion of impact fees and collected taxes are for informational
purposes only, and they were not included in the criteria used by staff and the Planning
Commission to analyze this petition.
GROWTH MANAGEMENT PLAN ((;MP) IMPACT:
Future Land Use Element (FLUE): The subject property is designated Conservation on the
Future Land Use Map (FLUM) of the GMP and is within the Coastal High Hazard Area
(CHHA). The purpose of this designation is to conserve and maintain the natural resources of
Collier County for their associated environmental, recreational and economic benefits. Relevant
to this petition, the Conservation designation permits non - residential uses, including parks, open
space and recreational areas, and allows water - dependent and water - related uses such as the
requested fishing pier, boating pier, and canoe launch.
In order to promote Smart Growth policies, and adhere to the existing development character of
Collier County, the following policies (in italicized font) shall be implemented for new
development and redevelopment projects, where applicable (staff s comments are shown in bold
-- font):
Policy 7.1
The County shall encourage developers and property owners to connect their properties to
_fi °opting collector and arterial roads, except where no such connection can he made without
violating intersection spacing requirements of the Land Del'clopmellt Code. As depicted on the
conceptual site plan, the subject site does not abut a collector or arterial roads.
Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce: vehicle
colagesti011 012 hearty collector- and arterial roads and to nliniinLe the need for traffic signals.
As depicted on the conceptual site plan, the project provides automobile traffic with
entrances on Pear Tree Avenue. Pedestrian and bicycle users have access to the park via
several pathways. Due to the propertN's small size, internal accesses or loop roads are not
feasible.
Policy 7.3
All new and existing developments shall be encoura ed to connect their local streets and their
intcrConllectlon point with ad101111a1g net IhhorhooC,ls or oilier dcvelopments re�yardlc'ss of land
use ti.pe. As depicted on the conceptual site plan, the project provides multiple pedestrian
connections to the adjacent local streets and one possible pedestrian connection to an
adjacent property. Given the nature of the abutting single - family lots, it is not appropriate,
and may not even be possible, to provide vehicular interconnections.
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Policy 7.4
Die County shall encourage near developments to provide ivalhable connn nzities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. As
depicted on the conceptual site plan, there are proposed trails and pedestrian accesses for
residents living near the site.
FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the
surrounding land uses, as set forth in the LDC. 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 this
compatibility analysis.
Based upon the above analysis, staff concludes that the proposal may be deemed consistent with
the Future Land Use Element (FLUE).
Conservation and Coastal Management Element (CCME): Objective 10.2 of the CCME
states, "The County shall continue to insure that access to beaches, shores and waterways
remain [sic] available to the public and continue with its program to ex7)and the availability of
such access and a method to find its acquisition. " The County's rezoning of the subject
parcels for Mar Good Harbor Park furthers this policy.
CCME Policy 12.2.7 states, "The Countv shall continue to assess all undeveloped proper -tv
within the coastal high hazard area and make r-ecomrrrendations on appropriate land use. " The
subject petition, which proposes P zoning for a park for mostly undeveloped properties,
would remove potential single - family residential units from the Coastal High Hazard Area
(CHHA) while enhancing the community's access to water - related recreational uses and
non- motorized launching facilities.
Recreation and Open Space Element (ROSE): Objective 13 :states "Continue to ensure that
all public developed recreational faciliti(.,s, open space and beaches and public water bodies are
accessible to the general puthlic. " The proposed rezoning would provide a new park facility
for the Goodland community and its visitors.
ROSE Policy 1.3.1 states, " Couu i) -ohned or managed parks and r °ecreation futilities sluall have
automobile, bicycle anallor pedestrian access, tiwhcre the location is appropriate and inhere such
access is economically feasible. " As stated, the proposed parking lot would provide
pedestrian access and a total of 20 parking spaces for vehicles. (Comprehensive Planning
leaves the determination as to the appropriateness of the location of these facilities to the
Zoning and Land Development Review staff as part of their review of this petition.)
ROSE Objective 1.6 states, "If7icnever possible and practical, utilize County- 01i77ed properth for -
recreational uses. " As previously noted, Collier County owns the lots that are the subject of
this rezoning petition, which is proposing a recreational use.
FLUE Policy 5.4 states, "Nc w developments shall be conipatible tiiith, and con2plementary to,
surrounding uses, as set . forth in the 1 and Dei'elopnrent Code. - Comprehensive Planning
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leaves this compatibilit , determination to the Zoning and Land Development Review staff
as part of their review of this petition.
Transportation Element: The Transportation Planning Department considers this petition to be
consistent with Transportation Element Policies 5.1 and 5.2., as the proposed rezone from
residential to the P zoning district for a community park would dramatically decrease the number
of daily trips on the roadway network. As noted in the Traffic Impact Statement (TIS) attached
as Appendix 1, the trip estimates show that rezoning from the RSF -4, VR and GZO zoning
districts to the P zoning district would eliminate potential single - family trips, resulting in a net
decrease of traffic from 158 averaLe weekday trips to just six avcrage weekday trips.
Based upon the above analysis, Comprehensive Planning staff concludes this petition may be
deemed consistent with the FLUE of the GMP.
AFFORDABLE HOUSING IMPACT:
This application proposes a rezone to the P Zoning District. As such, approval of this rezone
would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
The Environmental Services Department has reviewed this petition and has recommended
approval.
ENVIRONMENTAL ADVISORY COUNCIL (EACH RECOMMENDATION•
The applicant was not required to submit an Environment Impact Statement (EIS), nor was the
item heard by the EAC, because the subject parcels have been previously developed and /or
cleared.
HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD RECOMMENDATION:
LDC section 2.03.07.E.2.e, Requests for° Land Use Charr,,�es, states that property under
consideration for a Rezone within an area of historical or archaeological probability must have a
historical and /or archaeological survey and assessment prepared by a certified archaeologist to be
provided to the Historic Archaeological Preservation Board (HAPB) so that its recommendations
can be presented to the Planning Commission and to the BCC at their public hearings. As the
subject property is located within such an area of historical or archaeological probability, the
applicants submitted the requisite surveys, entitled "An [sic] Historical Assessment of Buildings
at Goodland Harbor Park in Collier County, Florida," prepared by Panamerican Consultants,
Inc., and dated August, 2006; and "An Archaeological Assessment of the Mar Good Parcel,
Collier County, Florida," prepared by the Archaeological and Historical Conservancy, Inc., and
dated May, 2006. According to the results of these studies, all 13 of the structures on the site,
some of them dating back to the 1920's, are potentially eligible for listing in the National
Resister of Historic Places (see Appendix 2 of the attached staff report); and the group as a
whole is eligible for listing as a "historic district." Furthermore, the site contains multiple pre-
historic middens, including a particularly significant one previously sampled in the western
portion of the site (labeled as "Trench I -A" on the map contained in Appendix 3 of the attached
staff report) from which artifacts such as pottery shards, shell tools, modified bone and shell
ornaments have been collected. As such, the consultant has recommended Trench 1 -A lbr
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May 20. 2009
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preservation due to its potential for the discovery of additional important archaeological features
and artifacts. However, the consultant archaeologist recommends that, should subsequent
development affecting Trench 1 -A reveal such artifacts, the relevant agencies be notified so that
they can be documented and preserved.
On January 21, 2009, this item was heard by the HAPB, which approved the aforementioned
surveys and assessments. At the meeting, the applicants were unable to confirm which of the
buildings on the site would be preserved, as they had not yet detennined their structural
soundness. The HAPB members expressed concern for the destruction of the County's
architectural heritage and called attention to the importance of historic designation for the
buildings on the site. However, because of the time - sensitive nature of the Rezone and Variance
petitions due to impending hearing dates, the HAPB, at the request of the applicants, delayed
historic designation of structures on the site and instead made a motion to allow the applicant to
go forward to the CCPC and BCC with the subject Rezone (and its companion Variance
application) provided that prior to the submittal of their site development plan (SDP), the
applicants would return to the HAPB to explain the suitability of preservation or demolition of
any of the historic structures on the site. The HAPB would then provide their input, including
possible formal designation of the structures. The applicant's agreed to return to HAPB for this
second hearing, at which time they would demonstrate which structures could be preserved
and/or restored according to the historical assessment prepared by Panamerican Consultants, Inc.
Nevertheless, four of the historic structures, labeled as numbers 4, 5, 6 and 7 in Appendix 2, are
not shown on the conceptual site plan; nor has Trench 1 -A from Appendix 3 been identified.
COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition RZ- 2008 -AR -13967 on .Tune 18, 2009, and believing that approving
the Rezone would not be injurious to the neighborhood or detrimental to the public welfare,
voted unanimously (9 -0) to forward this petition to the BCC with a recommendation of approval,
subject to the following conditions:
Because this decision was unanimous, and no letters of objection were received from the
community, this item is being placed on the summary agenda.
LEGAL CONSIDERATIONS:
Petitioner is requesting a rezone from the Residential Single Family (RSF -4) and Village
Residential (VR) Zoning Districts within the Goodlarnd Zoning Overlay (GZO) to the Public Use
(P) Zoning District. The attached staff report and recommendations of the Planning Commission
required are advisory only and are not binding on you. Decisions regarding this type of rezone
are quasi - judicial. As such, this item requires ex parte disclosure, and 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 mcty question Petitioner, or staff, to satisfy yourself that
the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that
that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial
must be based upon competent, substantial evidence that the proposal does not meet one or more
of the listed criteria below. Approval of this request to rezone requires four affirmative votes of
the Board (supermajority vote).
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Criteria for Straight Rezones
1. Will the proposed change be consistent with the goals, objectives, and policies
and future land use map and the elements of the Growth Management Plan?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn in relation to existing
conditions on the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
6. Will the proposed change adversely influence living conditions in the
neighborhood?
7. Will the proposed change create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise aff oImblic safety?
S. 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 s7)ccia.l j)ri-Olege 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.
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16. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the
range of potential uses under the proposed zoning classification.
17. What is the impact of development on the availability of adequate public.facilities
and services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance [Code ch.106, art.11], as amended?
18. Are there other factors. standards, or criteria relating to this rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfare'?
The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient
for Board action. - HFAC
RECOMMENDATION:
Staff recommends that the BCC approve Petition RZ- 2008 -AR- 13967, subject to the conditions
of approval below, which have been incorporated into the attached resolution:
1. Development of the subject property shall be consistent with the applicable LDC
requirements and shall incorporate the recommendations of the HAPB, with respect to the
preservation of existing structures or other artifacts on site, at the time of site
development plan (SDP) review and approval.
2. Any site development plan (SDP) submitted for the project shall be subject to review by
the County's Historic /Archaeological Preservation Board, whose recommendations shall
be incorporated therein.
3. Uses on the site shall be limited to park and recreational service facilities, education
facilities, museums and libraries.
4. The dawn to dusk hours of operation for the park shall be posted on the site.
5. At least one bicycle rack shall be provided on the site.
PREPARED BY:
John -David Moss, AICP, Principal Planner
Department of Zoning and Land Development Review
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,1tly 28, 2009
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COLLIER COUNTY
BOARD OF COUNTY COM MISS IOI4ERS
Item Number: - 7F
Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. RZ- 2008 -AR- 13967, the Collier County Department of Parks and
Recreation represented by Heidi Williams, Al_—P, of 0 Grady Minor &" Associates. is
requesting a Rezone from the Residential Single - Family (RSF -4), Village Residential (VR)
and Goodland Zoning Overlay (GZO) zoning districts to the Public Use (P) Zoning District for
a community park. The approximately 2.62 -acre waterfront property is located on the north
side of Pear Tree .Avenue in Goodland, in Section 18 Township 52 South, Range 27 East,
Collier County, Florida. G T S
Meeting Date: 7/2812009 9:00:00 AM
Prepared By
Joan -David Moss
Senior Planner
Cate
Community Development &
Zoning & Land Development
612212668 9:34:58 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
6122/2009 3:58 PM
Environmental Services
Ervirornmenta! cervices A.drnin.
Approved By
Ray Bellovuvs
Chief Planner
Date
nmmtin #y i o rP(npmnr ?! &
'aning & Land Development Review
6124;2909 1:25 PM
Em-onmental Services
Approved By
Community Deveiopment &
Joseph K. Schmitt
�e
Da`
Environmental services Acir h� ,,ir for
Community Development &
Cornrnunity De veionrnent &
T114,, 2v ^° 5:28 PM
Environmental Services
Environrental �eiVli�S Admin.
Approved By
SUSZin Istenes, AICP
Zoning & Land Develcipmcnt Directnr
Date
Community Development &
Z:;:indEtg & Lang, DBVvn- i47 % "m; rlt Ruu le'rr
7 i`6 5f2019 9:09 AM
Environmental Services
Approved By
F. Ashton
County 41,ttorn ?y
Dave
gun t<j Attorney
County Attorney Office
"5'?Of 9 9:31 i- "M
Approved By
j_.ff Kla.�_kovv
.,.:ur y At J'nev
,..ate
County Attorney
:.aunty A,ttorrrny Ofr:::e
7,1<5;2039 4:19 PIVI
Approved By
01V€S Coordinator
OIV3 Cc >n,dinator
Date
County Nilanager's Office
Office o` !Aanam!mer:t & Budget
7 5,' <C!O 7-50 AID
Approved By
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Co e-r County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 4, 2009
SUBJECT: RZ- 2008 -AR- 13967, MAR -GOOD HARBOR PARK (COMPANION TO VA -2008-
AR -1 3671)
PROPERTY OVVNER/AGENT:
Owner:
Collier County Parks and
Recreation Department
15000 Livingston Road
Naples, FL 34109
REQUESTED ACTION:
Agent:
Heidi Williams, AICP
Q. Grady Minor & Associates, P.A.
3800 Via del Rav
Bonita Springs, FL 34134
To have the Collier County Planning Commission (CCPC) consider an application to rezone 2.62
acres of land from the Residential Single - Family (RSF -4), Village Residential (VR) and Goodland
Zoning Overlay (GZO) zoning districts to the Public Use (P) zoning district for a waterfront
community park.
GEOGRAPHIC LOCATION:
The subject property is located on the north side of Pear Tree Avenue; west of Goodland Drive East;
east of Papaya Street and Goodland Bay; and south of Pettit Drive and Goodland Bay, in Section 18,
Township 52 South, Range 27 East, Goodland, Collier County, Florida (see location map on the
following page).
PURPOSE/DESCRIPTION OF PROJECT:
The applicants propose to rezone the 15 subject parcels for a waterfront community park
notwithstanding the fact that the use is all -eady permitted as a Conditional Use in the aforementioned
zoning districts. The basis for the rezone is that the properties were deeded to the County by the
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May 12, 2009
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Florida Communities Trust, which stipulated in their grant that the properties be rezoned to the P
zoning district as a way to ensure their continual use for solely public purposes.
As depicted on the Conceptual Site Plan entitled, "Mar -Good Harbor Park," prepared by Q. Grady
Minor & Associates, P.A. and dated August 2008 (submitted for this item's companion Variance
application, VA-2008-AR-13671). the proposed park would provide pedestrian pathways for passive
recreational use adjacent to Goodland Bay. These pathways would afford pedestrian access from
Papaya Street to the west, Pettit Drive to the east, and Pear Tree Avenue to the south, providing users
of the park with interconnections to two piers, a playground, volleyball court, bocce ball court, picnic
area, a canoe /kavak launch, various overhead shelter areas; an "interpretive center" (i.e. museum and
educational center) and several other buildings situated across Pettit Drive, which are eligible for
listing in the National Register of Historic Places and have been recommended for historic designation
by the County's Historic /Archaeological Preservation Board (HAPB) (see the
"Historic /Archaeological Preservation Board (HAPB) Recommendation" portion of this report on
page nine). The park facility would also be accessible by vehicle from two access points on Pear Tree
Avenue, where a 20 -space parking lot would be provided. Along the park's perimeter, various buffers
and transitional screening would be required to maintain compatibility with the surrounding
residential uses. (These buffers are the subject of the landscape Variance, whose details are elaborated
in the companion application).
Aerial: Photo of Subject Properties
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 2 of 12
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SURROUNDING LAND USE AND ZONING:
North: Single- family homes with an RSF -4, VR and GZO zoning designation; and Goodland Bay
South: Single- family homes with an RSF -4 and GZO zoning designation; and Pear Tree Avenue
East: Single family homes with an RSF -4, VR and GZO zoning designation
West: Single - family homes with an RSF -4, VR and GZO zoning designation
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Conservation on the Future
Land Use Map (FLUM) of the GMP and is within the Coastal High Hazard Area (CHHA). The
purpose of this designation is to conserve and maintain the natural resources of Collier County for
their associated environmental, recreational and economic benefits. Relevant to this petition, the
Conservation designation permits non- residential uses, including parks, open space and recreational
areas, and allows water- dependent and water - related uses such as the requested fishing pier, boating
pier, and canoe launch.
In order to promote Smart Growth policies, and adhere to the existing development character of
Collier County, the following policies (in italicized font) shall be implemented for new development
and redevelopment projects, where applicable (staff's comments are shown in bold font):
Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. As depicted on the conceptual
site plan, the subject site does not abut a collector or arterial roads.
Policy 72
The County shall encourage internal accesses or loop roads in an effbrt to help reduce vehicle
congestion on nearby collector and arterial roads and to minimize the need f n- traffic signals. As
depicted on the conceptual site plan, the project provides automobile traffic with entrances on
Pear Tree Avenue. Pedestrian and bicycle users have access to the park via several pathways.
Due to the property's small size, internal accesses or loop roads are not feasible.
Policy 7.3
.411 new and existbIg developments shall be encouraged to co�r�nect their local streets and their
interconnection point ivith adjoining neighborhoods or other developments regardless of land use
type. As depicted on the conceptual site plan, the project provides multiple pedestrian
connections to the adjacent local streets and one possible pedestrian connection to an adjacent
property. Given the nature of the abutting single - family lots, it is not appropriate, and may not
even be possible, to provide vehicular interconnections.
Policy 7.4
The County shall encourage new developments to provide walkable conununities with a blend of
densities, common open spaces, civic.facilities and a range of housing prices and types. As depicted
Mar -Good Harbor Park, RZ- 2008 -RR -13967 Page 3 of 12
P .sic, ':)? J 1
on the conceptual site plan, there are proposed trails and pedestrian accesses for residents living
near the site.
FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding
land uses, as set forth in the LDC. 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 this compatibility analysis.
Based upon the above analysis, staff concludes that the proposal may be deemed consistent with the
Future Land Use Element (FLUE).
Conservation and Coastal Management Element (CCME): Objective 10.2 of the CCME states,
"The County shall continue to insure that access to beaches, shores and waterways remain [sic]
available to the public and continue i- with its program to expand the availability of such access and a
method to finid its acquisition. " The County's rezoning of the subject parcels for Mar Good
Harbor Park furthers this policy.
CCME Policy 122.7 states, "The County shall continue to assess all undeveloped property within the
coastal high hazard area and make recommendations on appropriate land use. " The subject petition,
which proposes P zoning for a park for mostly undeveloped properties, would remove potential
single- family residential units from the Coastal High Hazard Area (CHHA) while enhancing the
community's access to water - related recreational uses and non - motorized launching facilities.
Recreation and Open Space Element (ROSE): Objective 1.3 states "Continue to ensure that all
public developed recreational facilities, open space and beaches and public water bodies are
accessible to the general public. " The proposed rezoning would provide a new park facility for
the Goodland community and its visitors.
ROSE Policy 1.3.1 States, `Coun"V-Olifh 4 oi• - iuianagcd parks and recreation facilities shall have
automobile, bicycle and /or pedestrian access, where the location is appropriate and iv -here such access
is economically f easible. " As stated, the proposed parking lot would provide pedestrian access and
a total of 20 parking spaces for vehicles. (Comprehensive Planning leaves the determination as to
the appropriateness of the location of these facilities to the Zoning and Land Development Review
staff as part of their review of this petition.)
ROSE Objective 1.6 states. "1171cnever possible and practical, utilize County -ouncd property .for
recreational uses. " As previously noted, Collier County owns the lots that are the subject of this
rezoning petition, which is proposing a recreational use.
FLUE Policy 5.4 states, "New developments shall he compatible ii -ith, and complenuentai-v to,
sanrouiuding uses, as set f)i-th in the Land Development Coda. - Comprehensive Planning leaves this
compatibility determination to the Zoning and Land Development Review staff as part of their
review of this petition.
Transportation Element: The Transportation Planning Department considers this petition to be
consistent with Transportation Element Policies 5.1 and 5.2., as the proposed rezone from residential
to the P zoning district for a community park would dramatically decrease the number of daily trips on
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 4 of 12
caur. as ! e ,4o. 17 r
July �3, 2009
the roadway network. As noted in the Traffic Impact Statement (T1S) attached as Appendix 1, the trip
estimates show that rezoning from the RSF -4, VR and GZO zoning districts to the P zoning district
would eliminate potential single - family trips, resulting in a net decrease of traffic from 158 average
weekday trips to just six average weekday trips.
Based upon the above analysis, Comprehensive Planning staff concludes this petition may be deemed
consistent with the FLUE of the 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 10.02.13.B.5, Planning
Commission Recommendation, and Subsection 10.03.05.H, Planning Commission Hearing and Report
to the Board of County Commissioners, 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
BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation
relative to LDC Subsection 10.03.05.1.2, Nature of'Requireinents of Planning Commission Report, is
discussed below, under the heading "Zoning and Land Development Review Analysis." In addition,
staff offers the following:
Environmental: This petitioner was not required to submit an Environment Impact Statement (EIS)
nor was a hearing before the Environmental Advisory Commission (EAC) required because the
subject parcels had been previously developed and/or cleared.
Transportation Plannin(: Transportation Planning Department staff has determined that the proposed
Rezone would not adversely the site's access or require additional right -of -way.
Public Utilities: The Public Utilities Department Staff has reviewed the petition and noted that
according to the current 2008 Water Master Plan Update, the project is within the County Water
District Service Area. There is an existing six -inch water main on Pear Tree Avenue. Sewer would be
provided by the City of Marco Island. At the time of SDP, the project would be subject to the
conditions associated with a Water Availability Letter from the Collier County Public Utilities
Division. When this project reaches the SDP stage, a letter from the City of Marco Island utility
system stating the available capacity would have to be submitted to the County's Community
Development and Engineering Services Department.
Zoning and Land Development Analysis: As described in LDC Section 2.03.04.A, the purpose and
intent of the P zoning district is, "to accommodate only local, state or federally owned (or leased) and
Operated government facilities that provide essential government services. The P district is intended to
facilitate the coordination of urban services and land uses while mininiiZing the potential disruption of
the uses of nearb'v properties. " Such essential government services, as defined by the LDC, include
public parks. As such, the proposed waterfront park, with the conditions of approval recommended by
staff (contained in the "Staff Recommendation" portion of this report), would satisfy the objective of
this zoning district.
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 5 of 12
LDC Subsection 10.03.05.I.2 states. - 14"hen pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners ... shall show that
the planning commission has studied and considered proposed change in relation to the folloxing
when applicable (Staff's responses to these criteria are provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
fitture land use map and the elements o f the growth 172a7lagcment plan.
As noted in the "GMP Consistency" portion of this report, the proposed park would
further the goals and obiectives of the FLUE and the applicable portions of the CCME
and the ROSE (Recreation and Open Space Element). In particular, it would remove
potential single- family residential development from the Coastal High Hazard Area
(CHHA) and replace it with a park for recreational uses.
2. The existing hind use pattern. .
As described in the "Surrounding Land Use and Zoning" portion of this report, the
neighborhood's existing land use pattern is characterized by single - family residences and
vacant lots. A waterfront community park would be compatible among the residential
uses of this historically water- dependent community.
3. The possible ct-eatio77 of ca77 isolated district unrelated to adjacent and ,7earbv districts.
The subject rezoning would indeed create an isolated P zoning district within a
neighborhood that is zoned RSF -4, VR and GZO. However, being a public park, the
proposed use, as previously noted, is considered to be an appropriate Conditional Use by
the LDC in these zoning districts with mitigation to assuage potential impacts. It is only
due to the Florida Communities Trust's ;rant requirement that the property be rezoned
to the P district (to ensure that the land remains in use for a public purpose) that the
applicants are pursuing a Rezone rather than Conditional Use approval. Furthermore,
staff has restricted the P zoning district uses on the site to park and recreational service
facilities, education facilities, museums and libraries in order to ensure compatibility with
the adjacent areas.
4. 1177ether existing district howiclaries arc illogically drawn in relation to existing conditions on
the propel ;i% proposed f ll` C-7 0177-
C.
As shown on the zoning map included at the beginning of this report, the existing district
boundaries are logically drawn. However, the proposed rezoning would take advantage of
the area's waterfront and mostly vacant lots (or lots occupied by disused historic
structures) in order to create a waterside park for the recreational benefit of the
community.
J. f,177ether changed or cha71 -im, cmidit7ons the 19assage of the proposed ame77d177e17t
11cceSSa1� %.
Mar -Good Harbor Park, RZ-2008-AR- 1396 7 Page 6 of 12
4 %gtenda liam No. '1'F
Changing conditions in the neighborhood justify a community park. However, as noted,
the applicants are only pursuing this Rezone instead of a Conditional Use since, when the
properties were deeded to the applicants in 2005, the land grantor required that the
property be rezoned to the P district as a way to secure its long-term use for strictly
public purposes, such as historic preservation and education, as well as the conservation
of open space for recreational purposes.
6. Whether the proposed change will adversely it fluence living conditions in the neighborhood.
Staff believes that the proposed change would have a favorable influence on living
conditions in the neighborhood by providing residents with a recreational amenity within
walking distance from their homes. The applicants have worked closely with the residents
in the planning of the facility to make certain that it would satisfy their recreational needs
and complement the residential character of the area.
7. Whether- the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrotmding 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.
As described in the TIS, the proposal would actually reduce the potential number of trips
that might be generated if the neighborhood were to develop according to its existing
residential zoning, as compared to the proposed P zoning, since most users of the park
would be pedestrians. Because many of the potential users of the park would be
(pedestrians and) bicyclists, staff has included a condition of approval requiring the
provision of at least one bicycle rack on the site.
R. Whether the proposed change will create a drainage problem.
Appropriate stormwater management would be required at the time of site development
plan (SDP) approval. In addition, the vast majority of the site would remain as open
space. Therefore, no drainage issues would be anticipated.
9. 977ether the proposed change will seriously reda�ace light and air to a �acent areas.
Since most of the existing open area would be retained as open space, neither air nor light
would be reduced.
10. Whether the proposed change would adversely clffect property values in the adjacent area.
This is a subjective determination affected by a host of circumstances other than zoning,
especially market conditions. Nevertheless, the applicant maintains that the park would
be considered an amenity and, therefore, would not adversely affect surrounding
property values.
Mar -Good Harbor Park, RZ- 2006 -AR -13967 Page 7 of 12
T.�3 11v IN�o.
"-
rZ'' ( of 5 1
11. R,`hether the proposed chansge will be a deterrent to the improvement on- development of
adjacent property in accordance with existing regulations.
Most of the adjacent properties are already developed with residential uses. Therefore,
the proposal would not deter the improvement of adjacent property in a manner
consistent with existing regulations. According to the applicants, the use is rather
expected to serve as a catalyst to further investment in the area.
12. 1472ether the proposed change Will constitute a grant of special privilege to an individual
ounier as contrasted with the public welfare.
This petition is being made by the County's Parks and Recreation Department.
Therefore, if approved, no individual owner would be granted a special privilege; rather
the change would benefit the Goodland community and county residents at large.
13. Yfgsethen- there are substantial reusons why the property cannot be used in accordance with
existing Toning.
As already noted, the property could be used for a park without any zoning change
through the Conditional Use process. However, the terms of the land grant as dictated by
Florida Communities Trust requires that the land be rezoned to the P zoning district as a
way of safeguarding its continual use for the public's benefit.
14. l4 Nether the chunge suggested is out of scale with the needs of the neighborhood or the county.
Staff believes that the proposed community park would not be out of scale with the needs
of the neighborhood since consideration was not given for such a recreational amenity at
the time of the neighborhood's platting. Furthermore, if approved, the park would be a
boon to the health and well -being of the community.
15. 47iether it is impossible to find other adequate' sites in the Coun foty r the proposed use n.
districts already pci•nsitting such atse.
According to the applicants, there are very few sites in the immediate vicinity available
for public recreation, especially ones offering water access, as the subject property does.
However, it should be noted that there is an existing boat ramp (for motorized boats) and
an approved CU for a park on the south end of the island.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the protocrtY usuble for unv of the range of potential uses under the proposed
Zoning classification%.
Apart from the parcels occupied by the historic structures, the subject lots are vacant and
have been cleared as a result of decades of trailer and recreational vehicle ( "RV ") park
use. As shown on the conceptual plan, the historic structure fronting Pear Tree Avenue
destined for use as an "interpretive center" and six other historic structures located
Mar -Good Harbor Park. RZ-2008-AR- 1396 7 Page 8 of 12
. ienda !1em No. 17F
ikrlGr 2`0 2"CIC19
P�'Ige t8 of 51
across Pettit Drive would remain, if their preservation is viable. Consequently, the degree
of site alteration for the park would be limited to the improvements depicted on the
conceptual plan and the possible demolition or removal of the four cottages between
Pettit Drive and the bay, which, as described under the "Historic /Archaeological
Preservation Board (HAPB) Recommendation" section on the following page, are eligible
and have been recommended by the Countv's HAPB for listing in the National Register
of Historic Places.
17. 77ie impact of development on the availability of adequate public facilities and services
consistent itith 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.
If approved, the project would enhance the availability of beach access and, therefore,
raise the County's level of service standard for beach access.
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 residents of Goodland have expressed their desire to have the subject property
converted into a community park, as it would provide them with a place to relax, walk,
fish, picnic and launch non - motorized boats. The park would only be open from sunrise
to sunset, in accordance with the County's Parks and Recreation Department's policy,
and would be landscaped to ensure internal visibility from its periphery so that
residents and law enforcement could be vigilant of users' activity. As such, the project
would benefit the public's health, safety and welfare.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Because the subject parcels were already developed or cleared, the applicants were not required to
submit an Environmental Impact Statement (EIS) for this petition. As a result, a hearing before the
EAC was not necessary.
HISTORIC /ARCHAEOLOGIC PRESERVATION BOARD (IIAPB) RECOMMENDATION:
LDC section 2.03.07.E.1c, Requests.for Land Use Changes, states that property under consideration
for a Rezone within an area of historical or archaeological probability must have a historical and /or
archaeological survey and assessment prepared by a certified archaeologist to be provided to the
HAPB so that its recommendations can be presented to the CCPC and to the Board of County
Commissioners (BCC) at their public hearings. As the subject property is located within such an area
of historical or archaeological probability, the applicants submitted the requisite surveys, entitled "An
[sic] Historical Assessment of Buildings at Goodland Harbor Park in Collier County, Florida,"
prepared by Panamerican Consultants, Inc., and dated August, 2006; and "An Archaeological
Assessment of the Mar Good Parcel, Collier County, Florida," prepared by the Archaeological and
Historical Conservancy, Inc., and dated May, 2006. According to the results of these studies, all 13 of
the structures on the site, some of them dating back to the 19220's, are potentially eligible for listing in
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 9 of 12
the National Register of Historic Places (see Appendix 2); and the group as a whole is eligible for
listing as a "historic district." Furthermore. the site contains multiple pre- historic middens, including a
particularly significant one previously sampled in the western portion of the site (labeled as "Trench
1 -A" on the map contained in Appendix 3) from which artifacts such as pottery shards, shell tools,
modified bone and shell ornaments have been collected. As such, the consultant has recommended
Trench 1 -A for preservation due to its potential for the discovery of additional important
archaeological features and artifacts. However, the consultant archaeologist recommends that, should
subsequent development affecting Trench 1 -A reveal such artifacts, the relevant agencies be notified
so that they can be documented and preserved.
On January 21, 2009, this item was heard by the HAPB, which approved the aforementioned surveys
and assessments. At the meeting, the applicants were unable to confirm which of the buildings on the
site would be preserved, as they had not yet determined their structural soundness. The HAPB
members expressed concern for the destruction of the County's architectural heritage and called
attention to the importance of historic designation for the buildings on the site. However, because of
the time - sensitive nature of the Rezone and Variance petitions due to impending hearing dates, the
HAPB, at the request of the applicants, delayed historic designation of structures on the site and
instead made a motion to allow the applicant to go forward to the CCPC and BCC with the subject
Rezone (and its companion Variance application) provided that prior to the submittal of their SDP, the
applicants would return to the HAPB to explain the suitability of preservation or demolition of any of
the historic structures on the site. The IIAPB would then provide their input, including possible formal
designation of the structures. The applicant's agreed to return to HAPB for this second hearing, at
which time they would demonstrate which structures could be preserved and/or restored according to
the historical assessment prepared by Panamerican Consultants, Inc. Nevertheless, four of the historic
structures, labeled as numbers 4, S, 6 and 7 in Appendix 2, are not shown on the conceptual site plan;
nor has Trench 1 .A from Appendix 3 been identified.
NEIGHBOlRHOOD INFORMATION MEETING (NIM):
(Synopsis provided by Cheri Rollins, Administrative Assistant):
The meeting was duly noticed by the applicant and held on March 11, 2009 at 5:30 p.m. at the
Goodland Civic Association. Fifteen people from the public attended, as well as the applicant's team
of Ms. Heidi Williams, AICP, and Ms. Sandra Bottcher of Q. Grady Minor and Associates, PA, along
;with County Parks -and Recreation Depar �meut staff. Zoning and Lard Development Review staff
were also present.
Ms. Williams presented an overview of the requested rezone from RSF-4, VR and GZO districts to
the P zoning district for a community park. There was no opposition from those in attendance;
however the following questions were asked:
If walls would be built and, if not, what kind of buffering would there be for adjacent
residential properties'? Ms. William responded that they were seeking to install only a Type B
buffer since they had conducted a survey of residents who overwhelmingly approved of a
,.,aiver of the wall requirement. Of those in attendance, all but one were in favor of the Type B
buffer instead of a wall; and this person was unsure if he opposed it.
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 10 of 12
aerua !ter-f No. 17
J:jry 8, 2009
Page 20 of 51
• One participant wanted to know who would maintain the site. Murdo Smith with the Collier
County Parks and Recreation Department responded that it would be maintained three times a
week. per County requirements, and that park rangers would patrol the site daily.
• One resident wanted to know what existing buildings would remain. Ms. Williams replied that
only the buildings that are structurally sound would remain and would be refurbished. She
further explained that the principal building would definitely remain and that it would be
renovated to include restrooms and meeting rooms. She also said that some of the other
buildings are being looked at as historical sites. One resident expressed to staff a desire to
maintain the historic structures on the site.
• Other participants asked if any part of the park could be designated as a dog park, to which Mr.
Smith replied that it could be an option in the future, but that there was no plan for it at this
time.
Overall, the residents of Goodland were overwhelmingly in favor of the proposed rezone being sought
by the County Parks and Recreation Department, and the meeting was adjourned at approximately
6:25 p.m.
Staff has received one letter of support for the project from the Goodland Civic Association, which
has been included as Appendix 4.
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the CCPC forward Petition RZ-
2008 -AR -13967 to the BCC with a recommendation of approval contingent upon the following
conditions:
1. Development of the subject property shall be consistent with the applicable LDC requirements
and shall incorporate the recommendations of the HAPB, with respect to the preservation of
existing structures or other artifacts on site, at the time of site development plan (SDP) review
and approval
2. Any site development plan (SDP) submitted for the project shall be subject to review by the
County's Historic /Archaeological Preservation Board (HAPB), whose recommendations shall
be incorporated therein.
3. Uses on the site shall be limited to park and recreational service facilities, education facilities,
museums and libraries.
4. The dawn to dusk hours of operation for the park shall be posted on the site.
5. At least one bicycle rack shall be provided on the site.
APPENDICES:
Appendix l: Traffic Impact Statement (T1S)
Appendix 2: Structures eligible for listing in the National Register of Historic Places
Mar -Good Harbor Park, RZ- 2008 -AR -13967 Page 11 of 12
jjIv 2 . "'U19
I' P .: _1 - f 51
_. a �:
Appendix 3: Midden Location Map
Appendix 4: Letter of Support
PREPARED BY:
JOHN -DAVID MOSS, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAYMOND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & FNViRONMENTAL CERVICES DIVISION
Tentatively scheduled for the June 23, 2009 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN DATE
Mar -Good Harbor Park, RZ-2008-AR- 1396 7 Page 12 of 12
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
6968 D-
Agenda
0
Item Ion. 1 7;F
2800 NORTH HORS ESHO0,LtI{=1V1= '-0='9
NAPLES, FLORIDA 341 O�age 22 of 51
(239) 252 -2400 FAX (239) 643—
STANDARD REZONE APPLICATION
PETITION NO (AR) RZ- 2008-AR -13967 R €v: 1
PROJECT NAME MAR GOODItESORT
PROJECT NUMBER Project: 2004080030 Duti:12/18/08
DATE PROCESSED Date: 11/18/08
ASSIGNED PLANNER
Above to be completed by staff
APPLICANT /AGENT INFORMATION
NAME OF APPLICANT(S) COLLIER COUNTY GOVERNMENT -- PARKS AND RECREATION DEPT.
ADDRESS 15000 LIVINGSTON ROAD CITY NAPLES S -FATE FL ZIP 34109
TELEPHONE # 239 - 252 -4000 CELL # FAX #
E —MAIL ADDRESS:
NAME OF AGENT Q. GRADY MINOR & ASSOCIATES. P.A.
ADDRESS 3800 VIA DEL REY CITY 3ONI1ASPRINGS STATE _ Fl. ___ ZIP _ 341 34
TELEPHONE # 239-947-1144 CELL # FAX # 239 -947 -0375
E —MAIL ADDRESS: HWII_LIAMS@GRADYMINOR.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE— 1 1123/2006, rev 2/12108, rev 7/14/D3
ASSOCIATIONS'
Complete the following for all registered Association(s) that could be affected by this
petition. Provide additional sheets if necessary. Information can be found on the Board
of County Commissioner's website at http: www. collier a3 net /index.aspx. page -774
NAME OF HOMEOWNER ASSOCIATION: GOODLAND CIVIC ASSOCIATION
MAILING ADDRESS P.O. BOX 571 CITY GOODLAND STATE FL ZIP 34140
NAME OF HOMEOWNER ASSOCIATION: GOODLAND PRESERVATION COALITION, INC.
MAILING ADDRESS P.O. BOX 691___ CITY _ GOODLAND STATE FL ZIP 34140
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
DISCLOSURE OF INTEREST INFORMATION
a. if the property is owned fee simple by an INDIVIDUAL, tenancy by
the Ciftll Clye 1C11Qlily In tonlnnon, iii j0Init <Ci iciiil.y, Ilsi all p rtl s
with an ownership interest as well as the percentage of such
interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
APPLICATION! FOR PUBLIC HEARING FOR STANDARD REZONE- I Ii251200G, Iev: /i2i08, rev 7114105
b. If the property is owned by a CORPORATION, list the officers and a:,1y' o� � r ---4 ---4
stockholders and the percentage of stock owned by each. acre
Name and Address
Percentage of Ownership
Collier County Government
100%
3301 E. Tamiami Trail
Naples, FL 34112
- -- - --
I
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
Percentage of Ownership
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
Percentage of Ownership
APPLICATION FOR PUBLIC HEARING FOR STANI)ARF) REZONE— 11/2812006, rev 2112108, rev 7/14105
e. If there is a CONTRACT FOR PURCHASE, with an individual or ' -8 2 " ", -
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 Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional
parties, list ail individuals or officers, if a corporation, partnership,
or trust.
Name and Address
g. Date subject property, acquired El leased ❑ May 5, 2005 Term of
lease yrs. j mos.
If, Petitioner has option to buy, indicate date of option: and date
option terminates: , or anticipated closing date
h. Should any changes of ownership or changes in contracts for
purchase occur subsequent to the date of application, but prior to the
date of the Tinall public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure
of interest form.
AITLICAI'KJIV FOR PUBLIC II EAR ING FOR STANDARD RLZONE— l U28(2006, rev 2/12108, rev WId/08
,Aaenda Item !io. 17F
July 23. 2009
i7.. nn ,.r C 4
PROPERTY DESCRIPTION w'
Legal Description of Subject Property: (If space is inadequate, attach on separate page.)
If request involves change to more than one zoning district, include separate legal
description for property involved in each district. Applicant shall submit four (4) copies of
a recent survey (completed within the last six months, maximum V to 400' scale) if
required to do so at the pre - application meeting.
NOTE: The applicant is responsible for supplying the correct legal description, If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section /Township /Range 18 / 52 S / 27 E
Lot: Block: Subdivision:
Plat Book Page #: Property I.D. #: Please see attached.
Metes & Bounds Description: Please see attached.
Size of property: ft. X ft. = Total Sq. Ft. Acres 2.62
Address /general location of subject property: The stiNeet property is located on multiple lots
north of Pear Tree Avenue and west of Goodland Drive East.
Zoning
ADJACENT ZONING AND LAN D'USE
Land Use
N RSF -4 -GZO Sinqle- family residential, mobile honnes, water
S RSF -4 -GZ0 Since- family residential, vacant
E RSF- 4 -GZO, VR GZO Single- family resldential vacant
W RSF- 4 -GZO, C -4 -GZO Vacant.-sinule- famillvresidential
Does the owner of the subject property own property contiguous to the subject property?
No. if so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page).
Section /Township/Range
Subdivision: Lot: Block:
Plat Book: rage # Property I.G. #:
Metes & Bounds Description:
APPLICATION FOR PUBLIC HEARING FOR STANDARD RF70NF - 11/29/2006, rev 2!12/08, rev 7110/08
n ,t
ov 9
:1 c f ji -7
REZONE REQUEST
This application is requesting a rezone from the ... RSF -4 -GZO and VR -GZO zoning
district(s) to the Public zoning district(s).
Present Use of the Property: The site is currently developed with a civic building, a
playground and several buildings retained from previous use of the site,
Proposed Use (or range of uses) of the property: Community_ park, interpretive center
and fishing piers.
l— 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 Planning
Commission's recommendation to the Board of County Commissioners shall be based
upon consideration of the applicable criteria noted below. Provide a narrative statement
describing the rezone request with specific reference to the criteria noted below. include
any backup materials and aocumentation in support of the request.
Standard Rezone Considerations (LDC Section / 0.03, 05. H.
1. Whether the proposed change wrlr be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management
plan. See attached narrative for responses to all criteria.
The existing lar7d use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
4. Whether existing district boundaries are illogically drawn 117 relation to existing
conditions on the property for the proposed change.
S. Ahether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
6. tt,r ?ether the proposed change t2�i1! adversely influence living conditions in the
neighborhood.
?. Whether the proposed change wfl/ create or excessively increase traffic
cor?gestion or create types of traffic deemed incompatible with surrounding land
ure because of peak volumes or projected t`V,Ves of vehicular traffic, Inc /udinq
activity during construction phases of the development, or otherwise affect
Public safety.
8. Whether the proposed change wil/ ,.reate a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas.
APPLICATION FOR PUHL_IC 11FARING FOR :STANDARD REZONE 11/28/306, iev 2112ip8, rev 7/14/08
Agenda II-_m No. 17 F
10. Whether the proposed change will seriously affect property valuejul irF 'IM70` 9
age GG of 51
adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
72. Whether the proposed change will constitute 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.
74. Whether the change suggested is out of scale with the needs of the
neighborhood or the county.
75. Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
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.
77. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
growth management plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance /Code ch. 106, art. //], as amended.
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.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use petitions on the subject property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
Hearing?
No petitions have been held for this property in the last Year.
Official interpretations or Zoning Verifications: To your knowledge, has there been an
official interpretation or zoning verification rendered on this property within the last year?
❑ Yes 71 No
If so, please provide copies.
Additional Su ut +ittar requirements: I rr addition to thi s cOmipl te! .a.nr..nr,. licati n, the
following shall be submitted 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;
APPLICATION FOR PUBLIC HEARING FOR STANDARD MiZONE- 11/2812006, rev 2/12/08, rev 7/14/03
b. If this rezone is being requested for a specific use, provide fifteen
of a 24" x 36" conceptual site plan (1 6 copies if for affordable housing) [and
one reduced 81/2" x 1 I" copy of site plan], drawn to a maximum scale of 1
inch equals 400 feet, depicting the following [Additional copies 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
(EAB), or CCPC];
• all existing and proposed structures and the dimensions thereof,
• provisions for existing and /or proposed ingress and egress (including
pedestrian ingress and egress to the site and the structure(s) on site),
• all existing and/or proposed parking and loading areas [include matrix
indicating required and provided parking and foading, including required
parking for the disabled],
• required yards, open space and preserve areas,
• proposed locations for utilities (as well as location of existing utility services
to the site),
• proposed and /or existing landscaping and buffering as may be required by
the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of
the Land Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph,
(taken within the previous twelve months), minimum scale of one inch equals
400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife
habitats and their boundaries. Such identification shall be consistent with
Florida Department of Transportation Land Use Cover and Forms
Cid55fCatGn �`tn. dlL lilj, a alCiiatlO1 oi ie �idl f the acreage (or square
feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section
3.05.07.9.1 .).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre - application
meeting;
h. A historical and archeological survey or waiver application if property is
located within an area of historical or archaeological probability (as identified
at pre - application meeting);
I AA -I J'� -i�h�I n ts - >lnav hn -+r-i�iir-�hEn to cl�r�r-ifir `Onulltinnal fuses
ny QUUil-ional I'-quine I'ent as n1"a be UIJIJIi -Lkln lV J1J �_\.IIIV IVIlLII uses
identified &.wing the pre -- application meeting, including but not limited
to any required state or federal permits.
CArtinn 1 0.03.05.8.3, of the I and [)Pvelnnment Code .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 action on this item, please remove all public
hearing advertising sign (s) immediately
APPLICATION FOR PUBLIC HFARiNC FOR STANDARD REZONE- 1 1/28 /2006, rev 2!12/08, rev 7114/08
<= Genda ft ;m No. "i r r
^n nn nc
REZONE -- STANDARD --,ago 30 of . 1
(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.
AtnTF• iNr oMPI FTE SUMBITTALS WILL NOT BE ACCEPTED.
- - -- - -- - -
REQUIREMENTS
# OF
COPIES
REQUIRED
NOT
REQUIRED
Additional set if located in the Bays hore /Gateway Triangle
Redevelopment Area
1
❑
Completed Application (download from website for current
form)
20
®
❑
Pre - Application meeting notes
20
❑
Deeds /Le al's
2
®
❑
_
List identifying Owner & all parties of corporation
2
❑
Owner/Agent Affidavit signed & notarized
2
®
❑
Completed Addressing Checklist
2
%
❑
Environmental Impact Statement (EIS) and digital /electronic
copy of EIS or exemption j ustification
3
❑
Historical Survey or waiver request
4
®
❑
Utility Provisions Statement w /sketches
4
®
❑
Survey, signed & sealed
4
®
❑
Traffic Impact Statement (TIS) or waiver (with applicable fees)
7
�X1
❑
Recent Aerial Photograph (with habitat areas defined) min
scaled 1"=400'
5
®
❑
_
Electronic copy of all documents and plans (CDRom or Diskette)
1
®
❑
Project Narrative
20
®
❑
Site Plans
?d_
❑
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Applicant must contact Mr. Gerry J. Lacavern, State of Florida
Division of Forestry a 239 - 690 -3500 for information regarding
"Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b )i.c.
Fees:
® Application Fee: $6,000 -t $25 per acre
® $100.00 Fire Code Review
® $750.00 Comprehensive Planning Consistency Review
❑ $500.00 Pre- appiication fee (App)ications 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).
❑ $2500.00 Environmental Impact Statement review fee
❑ $1000.00 Listed/ Protected Species Survey (if EIS not required)
❑ $760.00 Legal Advertising costs for CCPC meeting (to be reconciled upon receipt of invoice
from Maples Daily News).
❑ $363.00 Legal Advertising costs for BCC meeting
Separate Check for Transportation Fees (Refer to Exhibit A):
® $500.00 Methodology Review Fee
*Additional Fees to be determined at Methodology Meeting Fee Total
Note: An additional fee for the 5"' and subsequent re- submittal will be accessed at 20% of the original fee.
App icant/AgentfSignature Date
APPLICATioN FOR PUBLIC HEARING FOR STANDARD REZONL - 1 1/28,'200b. rev 2/12108, rev 7/14108
N
lluj\' 8, 20, ;9
Mar -Good Harbor Park
Folio Number Address Legal Description
1. 46270800007
None
Goodland Heights Amended, Block 3, Lot 11
2. 01057120000
None
S /T /R 18/52/27, Parcel in Lot 14, Desc in DB 47, Pg 411
3. 01057160002
None
S /T /R 18/52/27, Parcel in DB 27 -357
4. 01057080001
426 Papaya
18/52/27 Parcel Desc in DB 54 -59 in Govt Lot 14
5. 46270680007
321 Pear Tree
Goodland Heights Amended, Block 3, Lot 4
6. 46270720006
321 Pear Tree
Goodland Heights Amended, Block 3, Lots 5 and 6
7. 46270760008
321 Pear Tree
Goodland Heights Amended, Block 3, Lots 7 -10
8. 66680200002
326 Pettit
Pettit Lots 9 and 10
9. 66680120001
331 Pettit
Pettit Lots 4 -6
u��rr .
. �.az:1ic,o , tvo. 1-
� F
32 of 51
Mar -Good Harbor Park — Standard Rezone Petition
Narrative Statement
The subject property is located within the Goodland area of Collier County. The site is
comprised of several small platted lots that were previously developed for residential uses before
the Trust for Public Lands purchased them for public use in 2005. The County now owns the
land and plans to utilize the property for a community park on the waterfront.
The site is approximately 2.62 +/- acres, and is located in the Urban Coastal Fringe Subdistrict
on the Collier County Future Land Use Map. The property is designated Residential Single -
Family (RSF- 4 -GZO) and Village Residential (VR -GZO) with a Goodland Zoning Overlay on
the Official Zoning Atlas. These zoning districts allow community parks with Conditional Use
approval and the VR -GZO district allows "Civic and Cultural Centers" by Conditional Use
approval. However, the Florida Communities Trust, which originally purchased the site,
conditioned the land grant to require the County to rezone the site to ul -1 Fulfilling this
requirement is the purpose of the requested rezoning.
Standard Rezone Criteria (10.03.05.I)
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 Future Land Use Element (FLUE) of the Collier County Comprehensive Plan describes
the Urban Coastal Fringe Subdistrict as a density - restricted area that will decrease the number of
residents in the Coastal High Hazard Area. This serves the purpose of both protecting
environmentally - sensitive lands and decreasing the number of residents who must evacuate
during storm events. Only one road connects Goodland with mainland Collier County, which
could be a limiting factor for evacuation. The proposed use would replace the former
R.V. /mobile home campground and residential development with a non - residential use. This is
consistent with the intent of the FLUE, Policy 7.4 of the FLUE, which is part of the community
character section, encourages "walkable communities ", "con.mon open spaces" and "civic
facilities ". The proposed park facility will provide trails and pedestrian access for residents living
near the site. The existing commercial building on -site will be renovated for use as an
"interpretive center." Tile existing playground will remain and several picnic pavilions will be
added.
The Conservation and Coastal Management Element (CCME) of the Growth Management
Plan contains goals, objectives and policies designed to protect the natural shoreline of Collier
County. The subject property is part of the Inanniade Goodland area and is located on Goodland
Harbor. Part of the property has been seawalled or rip - rapped and part of the property has a
sandy/rocky shoreline with planted seagrapes. Goal Ten states:
RZ- 2008 -AR -13957 REV: 1
MAR GOOD RESORT
Project: 2004080030
RBZOIIe Mffi - 116Ve, 10 /30 /08 Page I of'5 Date: 11/18/08 DUE: 12/18/08
"The County shall protect, conserve, manage, and appropriately use its coastal
barriers including shorelines, beaches and dunes and will plan for, and where
appropriate, will restrict activities where such activities will damage or destroy
coastal resources."
The subject property has been previously developed and impacted and is not a natural shoreline.
Pm4mwd- Reoreativ aignatlxe
4g p alir anc mcrnitt stirs l Obiective 102 of the COME encourages the provision of
rnihlir arracc to uvatarxvgvc nrwi hPnRhPQ within the County T }11_$ netition .serves that nl)rnos(', as
well. According to Policy 10.1.1, public recreation facilities are the highest priority for water -
related and water - dependent uses. Therefore, this petition is consistent with the CCME.
The Recreation and Open Space Element ensures that Collier County will provide sufficient
park facilities for residents. Policy 1,11 states "County -owned or managed parks and recreation
facilities shall have automobile, bicycle and /or pedestrian access, where the location is
appropriate and where such access is economically feasible." X11:etslroeptulplarai�l�a
r�ci IIs�t3-�Anrkx fail =if.iirludesalF3r;hrec Limited access to and from the water will be
provided. Launching facilities will be limited to shore or pier launching of canoes, kayaks and
other small non - motorized vessels.
The requested zoning is consistent with the Transportation Element of the Collier County
Growth Management Plan, The site was formerly developed with multiple mobile homes and RV
units, which have been removed to create the park. Most of the people who use the park will
walk or bike from nearby residential areas. Therefore, the projected number of trips is projected
to dramatically decrease from 158 trips to 6 trips. According to Policies 5.1 and 5.2, this
represents an insignificant number of trips on the road network.
2. The existing land use pattei-n.
The island of Goodland was platted for small -lot residential and mobile home use. Scattered
commercial areas provide limited services to the island. The subject property was previously a
RV /mobile home campgrot.Ind and is now proposed to be a comnninity park, Community parks
are traditionally a good � lit into reSrCei]tra 1 ezr�a " . «v I It h pIOpei design, 'th c piOpvsi-1 u Se Wi ll J
e
compatible with the existing land use pattern. } &3csidct�t of tle- rrgland - have stxc�zag,, >taesa Ft
VvdtCjl'Qtlt dJid IJI)Ailt>zl U,l =)L1 h.lnr� srretclJ uf,ticIAVl_G��zJe_T;U��ylr�tc acLt�,,
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The Public zoning designation is appropriate in this location. Although it is not adjacent to
another property with ibis desi fnatlon, approval Of the rezonu;g should not be viewed as crcatnig
ar�..��;t�]at.,d�;dastr,iet "� bee���se• »bll��u�es; �trch 4�rs -t!l�e proj�os�r? "patic; aro 'often integlated= irlta
CIO I1U1zrities -_to- bring- services.to residents wl eripossible and approuriate.
RezoneNanarve, 10 1130/08 Pq,,!2 of 5 CCU60
Age!�:'a !tern ko. ('�
J JOv 2: 1- 20,',G
Page -',4 cf 51
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
The proposed zoning designation encompasses the entire property owned by Collier County, The
site currently has two different residential zoning districts over multiple platted lots, The new
designation will be more appropriate to the actual development of the site than the current
designations.
5. Whether changed or changing conditions male the passage of the proposed amendment
n eces sary:
, OR, The Florida Communities Trust (FCT) requires the County to rezone the site to the "Public'
<7 designation. Had this not been a stipulation, the applicant could have pursued a Conditional Use
and kept the underlying zoning the same. However, the FCT requires additional assurance that
`� the site will only be used as they intended.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The Parks and Recreation Department has actively included residents of the surrounding area in
the planning process for this site. They have solicited feedback on the types of amenities that will
be provided and the conceptual plan reflects the wishes of residents. For the most part, the site
will be utilized for passive recreation uses, such as walking trails and fishing piers. The layout of
the site will be sensitive to potential impacts on surrounding neighbors.
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 Traffic Impact Statement provided for this project indicates the park will generate very little
traffic. ') y, itnpacts= e1Y'Ytl5idslq "gfic�tds a;1✓sidentiallweloprrleratMany
people utilizing this property will walk to the site. Given the anticipated traffic vollinle, no
adverse impact to public safety or congestion levels is anticipated.
8. Whether the proposed change will create a drainage problem.
Upon zoning approval, the property will be subject to Site Development Plan approval. At that
time the applicant will be required to evaluate conditions on the property and provide adequate
detention and drainage facilities where none had previously been provided. The zoning change,
in and of itself, noes not authorize an'y' site reVislons. Therefore, the proposed change will not
create a drainage problem.
11 czone Narrative, 10/30/03 Page 3 of 5 CCU60
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed zoning change will allow for increased open space in the area. Some structures
will be provided on- site, but they are minimal compared to the area of the site previously
occupied. The site will be open for public recreational purposes. Therefore, the rezoning will not
reduce light and air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent area.
The nronosed nark should be an attractive amenity to the area. No adverse imDact to nroberty
values are anticipated from approval of the zoning change.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Most of the adjacent properties are already developed with residential uses. Continued use in a
residential capacity should not be deterred by approval of the zoning request. In fact, the park
will be an attractive amenity that may encourage reinvestment in the area.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The proposed rezoning does not constitute a grant of special privilege; in fact, approval of the
rezoning request is in the interest of public welfare because it ensures the site will remain
available to the public for recreational purposes.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The subject property could be utilized for a paric with the existing zoning anti approval of a
Conditional Use. However, the Florida Communities Trust requires the County to rezone the
property to the Public designation.
14. NN'hether the change suggested is out of scale with the ,feeds of the neighborhood or the
Count)'.
Provision Ot Cl COn MU111lty park Is not out oT Scale with tile needs of the neighborhood. The area
was platted without consideration for amenity areas, and retro - fitting this site as a park will serve
the residents of the area and the County.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such rise.
Very Re sltcs iii tiic area are available for rccreatioil; Sites -,with water access are
especially rare.
Rezone Narrative, 10!30:03 Page 4 of 5 CCU60
Page -E, :); 51
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 impacted by decades of development activities. The property was
previously cleared, structures were built in various locations and RVs and mobile homes were
placed on the site. Site alteration from the redevelopment for public use will include re- grading
for water management purposes, planting landscape materials and installing walkways,
recreational facilities and accessory buildings, such as open picnic pavilions. The integrity of the
historic, structures will be maintained. These improvements will not require extensive alteration
to the site.
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 [Code ch. 106, art. III, as amended.
The proposed park will not adversely impact levels of service standards for any public facilities.
In fact, providing the park will help the County achieve the commitment to provide public access
to the waterfront and recreation facilities.
18. Such other factors, standards, or criteria that the Board of County Commissioners sl>iall
deem important in the protection of the public health, safety, and welfare.
The residents of the Goodland area have expressed the desire to retain the subject property for
public use. This site will provide County residents a recreational facility with places to walk,
fish, have picnics and launch small non - motorized vehicles such as kayaks. Each recreational
opportunity that is available to residents is beneficial to public health and welfare. The site will
be open from sunrise to sunset and will be designed so residents and law enforcement will have
visibility into the park for safety reasons.
Rezonc Narrative, 10/36108 Page 5 of 5 C(T60
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
6968
��
2800 NORTH HORSESH &E�bPci` E)' �-
NAPLES, FLORIDA 34104
(239) 403 -2400 FAX (239) 643-
RZ- 2008 -AR -13967 REV: 1
MAR GOOD RESORT
wo
Project: 2004080030
Date: 11 /18/08 DUE: 12/18/08
"RE A n-01 T!'I L /TT!'1AT T RalTrna�+-
i aL -r,r r L.i %-,A i 1"IN JYME ! I Ei NOTES
SUBMITTAL CHECKLIST
Date: �c7 Time: ��� Planner:
Project Name:
Project Addr /L,
i
Applicant Name:
r/ `�� /(_%:
GG/ f�p�
Phone:
c
Firm: ��
�' jj
(-) ,�r�l
i)12
Current Zoning:
Owner Name:
Owner Address:
Meetin�..Aftendee's• q. (a.tachtgnt: Shp-A)
he-ne:
NOTES: �LCk:����7�; "�cc�rr�E?_ zt%�Lt�A��
J r o ✓, S 1,/ Tr
zn-
dug cv- s-
cc) �" ��
Ac-�,n a It 28, em No. 17F
July
.., l' � 'J .' ) Q
x:J
CONDITIO AL M,
(CU) AP.pIICATION .
SU.)3N11TfiA>, GHi?1CI:IST} -
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.
cJ J
REQUIREMENTS
# OF
COPIES
REQUIRED
NOT
I REQUIRED
STANDARD REQUIREMENTS:
M-
UTILITIES ENGINEERING - Zarnira Deltoro
(1)
Cover letter briefly explaining the project
20
BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT Executive Director
(1)
Application (completed & signed)
(download from website for current form)
20
*Additional set if located in the Boys h a re/Gateway Triangle
Redevelopment Area)
Addressing Checklist signed by Addressing
1
Pre - Application meeting notes
40
Conceptual Site Plan 24" X 36" plus (one 8 1/2 X 11 copy)
20
Copies of Warranty Deed(s)
2
x
Completed Owner Agent Affidavits, Notarized
1
•X.
Environmental Impact Statement (EIS) * or exemption justification
2
Digital electronic copy of EIS
1
Aerial photographs (taken within the previous 12 months min. scaled
1 "= 200% showing FLUCCS Codes, Legend, and project boundary
5
Statement of utility provisions (with all required attachments & sketches)
1
Traffic Impact Statement (TIS), or waiver
7
i
Copy of Traffic Impact Statement (TIS) on CDRO_M_
3
Historical and Archeological Survey, or waiver —
4
Copies of State and/or Federal Permits _
Architectural Rendering of Proposed Structure(s)
Electronic copy of all documents and plans (CDROM or Diskette)
1
Boundary Survey
ntr "a f inxr'�� thy,,
}
�•4,e F�
❑ EDC "Fast Track" must submit approved copy of official application
❑ Affordable Housing "Expedited" must submit copy of signed Certificate.
of Agreement,
nr w a, wrr_n RA A MI/ r� 6rr r'f�Tr1 Tit Y.
2�
2
__
• - •••.•��•� •••. .. ..�r.rrr ..... v., ,�vvrr.v IV l[Gvlg;VVr Q DGI.VYY:
Comments shntild ha fnrwrirrh -r4 to tho Pl-- ., > +.. 4— .J.. -1
SCHOOL DISTRICT
(1)
PARKS & REC - Murde Smith
(1)
SUPERVISOR OF ELECTIONS
M-
UTILITIES ENGINEERING - Zarnira Deltoro
(1)
COMMUNITY PLANNING
COORDINATOR - LindaBedlelyon
4
�
(1)
BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT Executive Director
(1)
Communications Towers Only:
MOSQUITO CONTROL _ - - -1 {O) COLLIER CO. AIRPORT AUTHORITY, {1)
NAPLES AIRPORT AUTHORITY (1) CITY OF NAPLES, Rabin Singer, Planning Dir.
2
FEES,
[�- Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the
last pre -app meeting shall not be credited towards application fees and a new pre.
application meeting will be required.)
OTHER REQUIREMENTS:
ri
.. -Appii'ea tlAjenf- Sigpiyture
i3afe
$4,000.00
Application Fee / $1500 if filed in conjunction with a rezone petition
$150.00
Fire Code Review
$300.00
Comprehensive Planning Consistency Review
$760.00
Estimated Legal Advertising Fee - CCPC Meeting
{�
$363.00
Estimated Legal Advertising Fee - BCC Meeting
(any over- or under - payment will be reconciled upon receipt of
Invoice from Naples Dally News).
F-1
) rmo nn
FIC RAv;.,A if .one gyred
❑
$1000.00 Listed or Protected Species survey review fee (when an EIS is not required)
i runsportation Fees,
if required,
$500.00
Methodology Review Fee, if required
❑
$750.00
Minor Study Review Fee, if required
❑
$1,500.00
Major Study Review Fee, if required
OTHER REQUIREMENTS:
ri
.. -Appii'ea tlAjenf- Sigpiyture
i3afe
,e.n pct Bern No. 'i 7P
July Lu, 2009
Pa.cae _}0 "at 5'1
PUBLIC PARTICIPATION REQUIREMENTS
LDC 10.03.05 F.
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 10.03.05.6.8.
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 meeting,
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 scheduled 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
shall 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.
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOr,i/Gr
ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 "y`
ADDRESSING CHECKLIST
Please complete the following and fax to the Addressing Department at 239 - 252 -5724 or submit in person to the
Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application
meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required, Forms older than 6 months will require
additional review and approval by the Addressing Department,
PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type)
❑
BL (Blasting Permit)
❑ SDP (Site Development Plan)
❑
BD (Boat Dock Extension)
❑ SDPA (SDP Amendment)
❑
Carnival/Circus Permit
❑ SDPI (insubstantial Change to SDP)
®
CU (Conditional Use)
❑ SIP (Site improvement Plan)
❑
EXP (Excavation Permit)
❑ SIPI (Insubstantial Change to SIP)
❑
FP (Final Plat
❑ SNR (Street Name Change)
❑
LLA (Lot Line Adjustment)
❑ SNC (Street Name Change — Unplatted)
❑
PNC (Project Name Change)
❑ TDR (Transfer of Development Rights)
❑
PPL (Plans & Plat Review)
❑ VA (Variance)
❑
PSP (Preliminary Subdivision Plat)
❑ VRP (Vegetation Removal Permit)
❑
PUD Rezone
❑ VRSFP (Vegetation Removal & Site Fill Permit)
❑
RZ (Standard Rezone)
❑ OTHER
LEGAL DESCRIPTION of subject propertyy or properties (copy of lengthy description may be attached) 1 S -- S 7-
G�n6, t_+� -, -6 �� 1. L" w L e.ti cA� &loC
PLEASE SEE ATTACHED
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
PLEASE SEE ATTACHED
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
PLEASE SEE ATTACHED
a LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right -of -way
SURVEY (copy - needed only for unplatted properties)
PROPOSED PROJECT NAME (if applicable)
GOODLAND HARBOUR PARK -
PROPOSED STREET NAMES (if applicable) t —�
SITE DEVELOPMENT PLAN NUMBER (for existing projects /sites only)
SDP
or AR #f
Page 1 of 2
ADDRESSING CHECKLIST - PAGE TWO
Agenda item ova. 117F
July 28 20'19
Fa'ge 44 of 51
Project or development names proposed for, or already appearing in, condominium documents (if application; indicate
whether proposed or existing)
Please Check One: ❑ Checklist is to be Faxed back ® Personally Picked Up
APPLIVANT NAIME: HEM K. lrnv ILLi PI%MS, AICP
PHONE 239 - 947 -1144 FAX 239 - 947 -0375
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is
subject to further review by the Addressing Department.
FOR STAFF USE ONLY
Primary Number 753r7 --t>0 1--
Address Number 31 -%
Address Number i Z�6 Lk g2— 2`�° 3
� � �59
Address Number L XZ� L� <? 3>
C, C -
Approved by:— �'b�i -, u� y Ck—, Date: -7
Updated by: Date:
WP :A. ' 1 2
Page 2 of 2
— G :T- urre.,Mrriicar o„ Forms Addressing Checkl;: re wL eD�.d=^
Juiv :1
PF, 45 .Jf u
Goodland Harbour Park
Folio Number Address Leval Description
1. 46270800007
None
Goodland Heights Amended, Block 3, Lot 11
2. 01057120000
None
S /T/R 18/52/27, Parcel in Lot 14, Desc in DB 47, Pg 411
3. 01057160002
None
S /T /R 18/52/27, Parcel in DB 27 -357
4. 01057080001
426 Papaya
18/52/27 Parcel Desc in DB 54 -59 in Govt Lot 14
5. 46270680007
321 Pear Tree
Goodland Heights Ainended, Block 3, Lot 4
C Acn"7n'7nnnnL
U. `tUL IVILV VVV
01) 1 T),,..« T «..,.
,L1 1 ca 1roo
r_.,..41..,.,'1 LT,,:.,�1,4-., n „-. .,.10.1 L11,,.,1, Z T „ *� C n.,r1 ti
VVVll1 ar, 11V1T,_'�11LJ 11111eliUVl1, 1J1VVi� J, 1JVL J CUJ.%A V
7. 46270760008
321 Pear Tree
Goodland Heights Amended, Block 3, Lots 7 -10
8. 66680200002
326 Pettit
Pettit Lots 9 and 10
9. 66680120001
331 Pettit
Pettit Lots 4 -6
A, iend'a Item No. 17F
July _-8. �. 2�.�0
v9
Fatge 4' of 51
Memorandum
To: Michael Sawyer
Zoning & Land Development Review
Community Development Services
Permitting Department
From: Vicky Ahmad
Project Manager
Date: July 10, 2008
Subject: Inter - Departmental Transfer of Funds for Mar -Good Harbor Park
Pre - application Meeting for Conditional Use Zoning.
Please process the application fee payment for the Pre - application meeting for Conditional use
Zoning from the following fund and cost center for the "MarGood Harbor Park ". The account
number is 346 - 116363 - 649010- 800241. Please set up the appropriate account to facilitate this
transfer.
Thank you.
CC: Kay Human
airy w liams, Director
Parks & Recreation Department
Pairs and Recreation Department
c i7 r,
i1 c 9
yr
ORDINANCE NO. 09-
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
RESIDENTIAL SINGLE FAMILY (RSF- 4 -GZO) AND
VILLAGE RESIDENTIAL (VR -GZO) ZONING DISTRICTS
WITHIN THE GOODLAND ZONING OVERLAY TO A
PUBLIC USE (P -GZO) ZONING DISTRICT WITHIN THE
GOODLAND ZONING OVERLAY FOR THE PROJECT
KNOWN AS MAR -GOOD HARBOR PARK, LOCATED ON
MULTIPLE LOTS NORTH OF PEAR TREE AVENUE AND
WEST OF GOODLAND DRIVE EAST IN GOODLAND IN
SECTION 18, TOWNSHIP 52 SOUTH; RANGE 27 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 2.62 +i -
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
.vTHEREAS, Heiui VV111Iarns �f Q, Grady Minor & Associates, representing the Collier
County Department of Parks and Recreation, petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 18, Township 52 South,
Range 27 East, Collier County, Florida, is changed from a Residential Single Family (RSF -4-
GZO) and Village Residential (VR -GZO) Zoning Districts within the Goodland Zoning Overlay
to a Public Use (P -GZO) Zoning District within the Goodland Zoning Ovi -Tlay for a 2.62+1 - acre
project known as Mar -Good Harbor Park, subject to the conditions shown in Exhibit B. The
appropriate zoning atlas map or maps, as described I , Ordinance Number 2004 -41, as amended,
the Collier County Laiid Deveioprneni Code, isiare hereby amended accordingly.
1 of 2
ger«a "rem i%lla. 177
J'.ji} 281 2009
FF,ti)e 8of:1
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
%'tq)"Go °1
Heidi Ashton -Cicko ut\23
Assistant County Attorney
Attachments: Exhibit A: Legal Description
Exhibit B: Conditions of Approval
CP \08- CPS - 00912 \17 HFAC 6 /23/09
2 of 2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Mar -Good Harbor Park
:')' " J '
Folio Number
Address
Legal DescriRtion
1. 46270800007
None
Goodland Heights Amended, Block 3, Lot 11
2. 01 0571200!)0
None
S/T/R 18/52127. Parcel in Lot 14, Desc in DB 47, PS 411
3. 01057160002
None
S/ IR 19152127; Parcel in DB 27 -357
4. 01057080001
426 Papaya
18/52/27 Parcel Dcsc in DB 54 -59 in Govt Lot 14
S. 46270680007
321 Pear Tree
Goodland Heights Amended, Block 3, Lot 4
6. 46270720006
321 Pear Tree
Goodland Heights Amended, Block 3, Lots 5 and 6
7. 46270760008
321 Pear Tree
Goodland Heights Amended, Block 3, Lots 7 -10
8. 66680200002
326 Pettit
Pettit Lots 9 and 10
9. 66660120001
331 Pettit
Pettit Lots 4 -6
Exhibit A
CONDMONS OF APPROVAL
RZ- 2008 -AR -13967
May 12, 2009
July ` 8. 2009
Page 50 of 51
1. Development of the subject property eland be consistent with the applicable LDC
requirements and shall incorporate the recommendations of the HAPB, with
respect to the preservation of existing structures or admr artifacts on site, at the
time of site development plan (SDP) review and approval
2. Any site development plan (SDP) submitted for the project shall be subject to
review by the County's Historic/Ambaeological Preservation Board (HAPB),
whose recommendations shall be incorporated therein.
I Uses on the site shall be limited to park and recreational service facilities,
education facilities, museums and libraries.
4. The dawn to dusk hours of operation for the park shall be posted on the site.
S. At least one bicycle rack shall be provided on the site.
EXHIBIT B
of _51
2F Sunday, July 12, 2009 flaiLij Xtws
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 28,
2009, in the Boardroom, 3rd Floor, Administration
Building, Collier County Government Center, 3301
East Tamiaml Trail, Naples, Florida, the Board of
County Commissioners will consider the enactment
of a County Ordinance. The meeting will commence
at 9:00 A.M. The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM-.
MISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004 -41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOP-
MENT CODE, WHICH ESTABLISHED THE COMPRE-
HENSIVE- ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, 'FLORIDA, BY
A�IENDING THE APPROPRIATE ZONING ATLAS MAP
OR MAPS BY CHANGING THE ZONING "CLASSIFICA-
TION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RESIDENTIAL SINGLE FAMILY (RSF- 4 -GZO)
AND VILLAGE RESIDENTIAL (VR -GZO) ZONING DIS-
TRICTS WITHIN THE GOODLAND ZONING OVERLAY
TO A PUBLIC USE (P) ZONING DISTRICT FOR THE
PROJECT KNOWN AS MAR GOOD RESORT, LOCATED
ON MULTIPLE LOTS NORTH, OF PEAR TREE AVENUE
AND WEST OF GOODLAND DRIVE EAST IN GOOD -
LAND IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE
27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 2.62 + /- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
Petition: RZ- 2008 -AR- 13967, The Collier County De-
partment of Parks and Recreation, represented byy
Heidi Williams, AICP, of Q. Grady Minor & Associ-
ates is requ6sting a Rezone from the Residential
Single- Family (RSF -4), Village Residential (VR) and
Goodland Zoning Overlay (GZO) zoning districts to
the Public (P) Zoning District for a community park.
The approximately 2.62-acre waterfront property is
located on the north side of Pear Tree Avenue in
Goodland, in Section I8, Township 52 South, Range
27 East, Collier County, Florida
Copies of the proposed Ordinance are on file with
the Clerk to the Board and are available forinspec-
tion. All interested parties are invited to attend and
be heard.
NOTE: Al! persons wishing to speak on any agenda
item must register with the County administrator
prior to presentation of the agenda item to be ad-
dressed. Individual speakers will be .limited to 5
minutes on any item. The selection of an individual
t speak on behalf of an organization or group is
encouraged. If recognized by the Chairman, °a
spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materi-
als 'included- in the Board agenda packets - must
submit said material a minimum of 3 weeks prior to
the respective public hearing. in any case,` varitten"
materials intended to be considered by the Board
shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hear-
ing. All material used in presentations before the
Board will become a permanent part of the record.
Any person who decides to appeal a decision of the
Board will need a record of the proceedings per-
taining thereto and therefore, may, need to ensure
that a verbatim record of the proceedings is made,
which record it eludes - the testimony and evidence
upon which the appeal is based.
If you are a person with a disability who needs any
accommodation in order to participate in the pro-
ceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department,
iocated at 3301 Tamiaml Trail East, Building W,
Naples, Florida 34112, (239) 252-8380. Assisted Ils-
tening devices for the nearing impaired are avail-
able in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK'
By: Teresa Polaski, Deputy Clerk
(SEAL)
July 12. 2009 No1S06787