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Agenda 10/13/2009 Item #17C - -- Agenda Item No. 17C October 13, 2009 Page 1 of 92 EXECUTIVE SUMMARY CU-2009-AR-14231 Peace Lutheran Church of Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LP A, requesting three Conditional Uses for a church, child care center, and private school in the Rural Agriculture (A) zoning district pursuant to subsection 2.03.01.A.1.c., of the Land Development Code. The subject property is located at 9824 Immokalee Road (CR-846), in Section 25, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: For the Board of Zoning Appeals (BZA) to consider an application for three Conditional Uses pursuant to the Land Development Code (LDC) Section 2.03.0 1. A. l.c, in the Rural Agricultural (A) zoning district. The conditional uses being requested are as follows: LDC subsection 2.03.01.A.1.c.7, to allow a church; LDC subsection 2.03.01.A.1.c.lO, to allow a private school; and subsection 2.03.01.A.1.c.11, to allow a child care center on 9.35:1: acres. CONSIDERATIONS: The petitioner seeks a Conditional Use for a 15,500 square-foot church sanctuary with a seating capacity for approximately 600 congregants and a 31,850 square-foot multi-use structure that will accommodate the day care center and private school along with church related offices. The church has one congregation but it is anticipated that additional activities may be held at the church, such as study groups, youth groups and fund raising activities. The Traffic Impact Statement (nS) for this petition evaluated the impacts of the church, school and day care use, but they also provided a trip generation summary for a complete range of uses planned for the site in order to accurately evaluate the impacts of the proposed use on surrounding properties, traffic, and utilities, pursuant to the requirements of the LDC. The total combined area cannot exceed 47,350 square feet. The conceptual site plan (see attached) indicates that the ingress and egress will be from Immokalee Road (CR-846). The applicants are providing paved sidewalks from the public right-of-way (ROW) all the way through to the structures and through to the parking areas that will have designated pedestrian crosswalks. Furthermore, the applicant will be providing 5.33:1: areas of open space comprised of the required buffering, water management and native vegetation preserves. Currently the site contains a single-family dwelling unit with an abandoned aviary/petting zoo that may be demolished prior to the construction of the church. FISCAL IMPACT: The Conditional Use request by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the construction of a church, child care center and private school is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. CU-2009-AR-14231 9/8/09 1 Agenda Item No. 17C October 13, 2009 Page 2 of 92 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and other revenue collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located within "Receiving Lands" of the Rural Fringe Mixed Use District (RFMUD), as identified on the Future Land Use Map (FLUM), and as further described in the Future Land Use Element (FLUE) of the GMP. The Receiving Lands are, "those lands within the Rural Fringe Mixed Use District which have been identified as being most appropriate for development. The applicant has requested a conditional use to permit the construction of a church, child care center and private school with a multi- purpose building and recreation space and offices to be used by the child care center. In view of the above listed allowable conditional uses in the Receiving Lands of the RFMUD, this proposed conditional use may be found consistent with the GMP. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the FLUM and FLUE. Transportation Element: The Transportation Services Department has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period upon provision of mitigation. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Conservation and Coastal Management (CCME) Element: This project is consistent with the objectives of the CCME because of the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site and criteria of a minimum of 40 percent of the native vegetation present, not to exceed 25 percent of the total site area shall be preserved. The petitioner has provided 40 percent (2.05::f:: acres) of native vegetation along the southern property boundary and this is consistent with the CCME policy of the GMP. AFFORDABLE HOUSING IMPACT: Conditional Use petitions associated with a church, day care or private school does not have an adverse impact on the demand for affordable and work force housing. /~...-.. CU-2009-AR-14231 9/8/09 2 Agenda Item No. 17C October 13, 2009 Page 3 of 92 ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the conditional use petition to address any environmental concerns and staff recommends approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition CU-2009-AR-14231 on September 3, 2009 and by a vote of 7-0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The applicant will be required to contribute proportionate share cost for at-grade intersection and signalization improvements at Collier Boulevard (CR-951) and Immokalee Road (CR-846), identified in the County's work program as project number 60095, at such time as the applicant submits a Development Order application for a school or child care center. 2. The project's site generated trips shall not exceed 2,336 total daily two-way trips, and 350 adjusted PM peak two-way trips for any combination of the allowed uses which was included in the applicant's Traffic Impact Statement (TIS) approved as part of this petition. 3. The actual height of structures shall not exceed fifty feet (50'), and include a note on the conceptual site plan for the actual height. 4. Remove footnote number two (2) on the conceptual site plan that would allow the applicant's to increase the square footage up to 10 percent without the need for a conditional use amendment. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: ,- Before you is a recommendation by the Planning Commission for approval of conditional uses authorizing a church, child care center and private school in the Rural Agricultural (A) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. Decisions regarding conditional uses are quasi-judicial. As such this item requires ex parte disclosure, and all testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that tlle necessary requirements have been met, and you may question Petitioner, or staff, to satisfY yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and CU-2009-AR-14231 9/8/09 3 Agenda Item No. 17C October 13, 2009 Page 4 of 92 safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution, with approval of the conditional use requiring four affirmative votes of the Board (supermajority vote). The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. (STW) STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve the request for CU-2009-AR- 14231, Peace Lutheran Church subject to staffs and the CCPC conditions which were incorporated into the conditions of approval: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost for at-grade intersection and signalization improvements at Collier Boulevard (CR-951) and Immokalee Road (CR-846), identified in the County's work program as project number 60095, at such time as the applicant submits a Development Order application for a school or child care center. 3. The project's site generated trips shall not exceed 2,336 total daily two-way trips, and 350 adjusted PM peak two-way trips for any combination of the allowed uses which was included in the applicant's Traffic Impact Statement (TIS) approved as part of this petition. 4. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriffs Department, at any location that is determined by either entity to mitigate operational or safety deficiencies as a result of this project's peak-event traffic. 5. The actual height of structures shall not exceed fifty feet (50'). PREPARED BY: Melissa Zone, Principal Planner Department of Zoning and Land Development Review ,,- CU-2009-AR-14231 9/8/09 4 Item Number: Item Summary: Meeting Date: Agenda Item No. 17C October 13, 2009 Page 5 of 92 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2009-AR-14231 Peace Lutheran Church of Naples, Inc., represented by Margaret Perry, AICP of Wilson Miller, Inc., and R. Bruce Anderson of Roetzel & Andress, LPA, request a conditional use for a church, child care center, and private school in the Rural Agriculture (A) zoning district pursuant to subsection 2.03.01.A.1.c. of the LDC. The subject property is located at 9824 Immokalee Road, in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (CTS) 10/13/20099:00:00 AM Prepared By Melissa Zone Community Development & Environmental Services Principal Planner Oate Zoning & Land Development Review 9/23/20092:53:41 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 9/28/20098:26 AM Approved By Judy Pulg Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 9/28/2009 3:42 PM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 9/29/2009 11: 16 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 10/1/200910:49 AM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 10/1/2009 1 :06 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/1/20094:35 PM Approved By Agenda Item No. 17C October 13, 2009 Page 6 of 92 OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/2120097:56 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/2/200911:31 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/2120094:00 PM Agenda Item No. 17C AGEN07tQip~M19~~009 Page 7 of 92 eo1N:r County L-~ _ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 3, 2009 SUBJECT: CU-2009-AR-14231, PEACE LUTHERAN CHURCH OF NAPLES, INC. PROPERTY OWNER/AGENT: Owner: Peace Lutheran Church of Naples, Inc. 5659 Strand Court, Suite 103 Naples, FL 34110 Agent: Margaret Perry, AICP Wilson Miller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 R. Bruce Anderson Roetzel & Andress, LP A 850 Park Shore Drive Naples, FL 34103 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for three Conditional Uses pursuant to the Land Development Code Section 2.03.01.A.l.c, in the Rural Agricultural (A) zoning district. The conditional uses being requested are as follows: LDC subsection 2.03.01.A.1.c.7, to allow a church; LDC subsection 2.03.01.A.1.c.lO, to allow a private school; and subsection 2.03.01.A.l.c.l1, to allow a child care center on 9.35:1: acres. GEOGRAPHIC LOCATION: The subject parcel is located on the south side of lmmokalee Road (CR-846), approximately 1,000 feet east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The petitioner seeks a Conditional Use for a 15,500 square foot church sanctuary 8/5f2009 Page 1 of 10 O'm~3'1noe ,lVS !t)Y,lItOH ." I ~I ~ I I ~ 5l< NiSi :! I I \ .\\ '10\ \ I ~I <( ~ ",. -, ~ ;;,.'" ~ '- " -~l-- ,.. Oil: ::;) t!I Ii! Q,. ~ Q ~ oj d <( ~ " ; " ~ Il. <( :2: (!) z - z o N ~ 1 ~ z ~ ~ ~ w2 t ,::!;( . II 000 I 3 J. ~ .,.... .. <') ~ , lRl.Cr ~.,)O a:: <( 3/lJtlO .lS3tDOOOM , C1) 0 0 N , 3~OllOf'f ~ ::;) - <.) '"' z ~ ;:; :: 0 ::! l- I- ~ UJ ~ ~ a... ~ a.. ~2 ~ Co .. ~~ ~ l<: N ., ~~ " .. ~ ~i j r ~ a.. I--Z <( 00 ~ ~ w- t -!;( ~ 00 QG :2: ~ teo g ;; It' ~... ~~ .... U, Us 0..... r ~ z ~ ~ 0 ~ ~ - Z :? :; a. t r- ~ ~ .. ~ ~ " !! 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I ; , :m~ i i ~i~r : :1 : ! , , I Ii " ! : i i i~ ; I : i:riIii .. 10 al; i \ \ \J l \ \3 \\11 " \ \J \ \ \ : i i · ~ ~ ilh w . ! ~ ~! I~b lI~h ., ~ " " ~gllli!!' f ~ IhW I~:I I ~ IllIlfll :i!j I ~ Iii i S !!~I !Ie Ol i - " " li~ - ~~i ! u~~ . "~~ ~ I ; II : i~1 ~ N i ~~ ~ ~ I ~8 :: ~ ~ 3 i ~l!l I i : ~I!~!; !i ~i 'I ia ~ I h !l Ii ! i !l ~ ~ .. ~ Ui ~ ~ ~~I ! ;; ~ ~ i ~ ~ a i ~i ~I I ~. ~ I~ Ii! :l : I ; I! ;! .... ~!/ ~ II S~!li ~ f~ ! ~g ! ~ !f II >- ~ ~, gi!~ ~ ~~ w~ ~~ ~ ~ ;v~ lS~ ~ ;1 h n ~ ~ ~In: ~ II m (I ~ ~ n ~ m ~. iii ~ dj :11 ~ ~lilll~~!11 - . I ' ~~ I" ! , I !' . , , . Agenda Item No. 17C October 13,2009 Page 10 of 92 with a seating capacity for approximately 600 congregants and a 31,850 square foot multi-use structure that will accommodate the day care center and private school along with church related offices. The church has one congregation but it is anticipated that additional activities may be held at the church, such as study groups, youth groups and fund raising activities. The TIS for this petition evaluated the impacts of the church, school and day care use, but they also provided a trip generation summary for a complete range of uses planned for the site in order to accurately evaluate the impacts of the proposed use on surrounding properties, traffic, and utilities, pursuant to the requirements of the LDC. The totaJ combined area cannot exceed 47,350 square feet. The conceptual site plan (see attached) indicates that the ingress and egress will be from Immokalee Road (CR-846). The applicants are providing paved sidewalks from the public right-of-way (ROW) all the way through to the structures and through to the parking areas that will have designated pedestrian crosswalks. Furthermore, the applicant will be providing 5.33:f: areas of open space comprised of the required buffering, water management and native vegetation preserves. Currently the site contains a single-family dwelling unit with an abandoned aviary/petting zoo that may be demolished prior to the construction of the church. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family home and aviary/petting zoo, zoned Rural Agriculture (A) SURROUNDING: North: East: South: West: single-familylMulti-family residential, and golf course, Heritage Bay PUDIDRI Calusa Pines Golf Course, zoned Rural Agriculture (A) Calusa Pines Golf Course, zoned Rural Agriculture (A) Calusa Pines Golf Course, zoned Rural Agriculture (A) zoned AERIAL 8/5/2009 Page 4 of 10 Agenda Item No. 17C October 13, 2009 Page 11 of 92 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is located within "Receiving Lands" of the Rural Fringe Mixed Use District [RFMUD], as identified on the Future Land Use Map [FLUM], and as further described in the Future Land Use Element [FLUE] of the GMP. The Receiving Lands are, "those lands within the Rural Fringe Mixed Use District which have been identified as being most appropriate for development. . . . . . " The following standards contained within the "Receiving Lands" provisions of the RFMUD are relevant to this conditional use application are written in italic and followed by staff comments and analysis. 4. Emergency Preparedness: _ a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge fi"om Hurricane Map for Collier County. . Collier County Emergency Management has determined that this site is within the Category 4 Storm Surge zone for Collier County and therefore is not desirable for, or required to provide the shelter requirement." Therefore, this application may be found consistent with the RFMUID. Impacts on evacuation routes, if any, must be considered as well. Collier County Emergency Management has reviewed the potential evacuation route impact of this project and found it to be minimal. Therefore, this application may be found consistent with this provision. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffirs; water features; and, the impacts of prescribed burning on adjacent or nearby lands. " The applicant prepared and submitted a Wildfire Prevention and Mitigation Plan in accordance with the RFMUD requirements to the Division of Forestry who reviewed the plan as revised and found it acceptable. 5. Allowable Uses: Uses within Receiving Lands are limited to the following: q) Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. w) Private schools. " 8/5/2009 Page 5 of 10 Agenda Item No. 17C October 13, 2009 Page 12 of 92 The applicant has requested a conditional use to permit the construction of a church, child care center and private school with a multi-purpose building and recreation space and offices to be used by the child care center. In view of the above listed allowable conditional uses in the Receiving Lands of the RFMUD, this proposed conditional use may be found consistent with paragraph 5 above. Policy 7.2: "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. " No internal roads are proposed as both the small size of the site and the type of project make a loop road not feasible. This project may be found consistent with this policy. Policy 7.3: "All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type." The Conditional Use Conceptual Site Plan does not show access to the adjoining Calusa Pines Golf Course which directly abuts the subject property to the east, south and west. Due to the small size of this project, the absence of local streets, the nature of abutting property, and the proposed preserve over the south portion of the property, this project may be found consistent with this policy. Policy 7.4: "The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. " The Conditional Use Conceptual Development Plan indicates that an internal on-site sidewalk system will be provided which will also connect to the existing sidewalk located on the south side of Immokalee Road as required by County regulations. This project may be found consistent with this policy. Consistency with the Conservation and Coastal Management Element (CCME) of the GMP Policy 6.1.2: "For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40 percent of the native vegetation present, not to exceed 25 percent of the total site area shall be preserved. " The petitioner has provided 40 percent (2.05::f: acres) of native vegetation along the soutllern property boundary and this is consistent with the CCME policy of the GMP. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the FLUM and FLUE. Transportation Element: The Transpol1ation Services Department has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 year planning period upon provision of mitigation. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). 8/5/2009 Page 6 of 10 Agenda Item No. 17C October 13, 2009 Page 13 of 92 Immokalee Road Impacts: The first concurrency link that is significantly impacted by this project is link 44, Immokalee Road (CR-846) between Collier Boulevard (CR-951) and Wilson Boulevard. The project generates 350 total PM Peak Hour trips on a weekday, resulting in 119 PM peak hour, peak direction trips being distributed on lmmokalee Road (CR-846). These 119 Westbound trips represent a significant 3.14 percent impact on Immokalee Road (CR-846). This segment of lmmokalee Road (CR-846) currently has a remaining capacity of 1,971 trips, and is currently at LOS "BII as reflected by the 2008 Annual Update and Inventory Report (AUIR). No subsequent links of Immokalee Road (CR-846) are significantly impacted, thus no further analysis was required for weekday PM Peak Hour impacts. A Sunday analysis of the church has been included in the Traffic Study as well. The project produces 366 total Sunday Peak Hour trips, 134 of which compose the peak Sunday impact on Immokalee Road (CR-846) in the eastbound direction. Collier Boulevard (CR-951) Impacts: The second concurrency link that is significantly impact~d_ is link 30.1, Collier Boulevard (CR-951) between Immokalee Road (CR-846), and Vanderbilt Beach Road (CR-862). The project generates 58 PM peak hour, peak direction trips being distributed on Collier Boulevard (CR-951). The 58 northbound trips represent a significant 2.37 percent impact on Collier Boulevard (CR-951). This segment of Collier Boulevard (CR-951) currently has a remaining capacity of 735 trips, and is currently at level of service LOS liB" as reflected by the 2008 AUIR. No subsequent links of Collier Boulevard (CR-951) are significantly impacted, thus no further analysis was required for weekday PM Peak Hour impacts. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1.c, of the LDC permits conditional uses in the rural agricultural zoning district. The requested uses for a church, private school, and child care centers are permitted as conditional uses in the rural agricultural (A) zoning district, subject to the standards and procedures established in section 10.08, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As explained in detail under the GMP consistency review, the Comprehensive Planning staff has found that this petition is consistent with all applicable elements of the GMP. It will also be in compliance with the applicable provisions of the LDC subject to the conditions of the approval listed on page 9 of the staff report. 8/5/2009 Page 7 of 10 Agenda Item No. 17C October 13, 2009 Page 14 of 92 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the conceptual site plan, the ingress and egress to the subject property is limited to Immokalee Road (CR-846). As mentioned above, the applicants are providing paved sidewalks from the public right-of-way (ROW) all the way through to the structures and through to the parking acres that will have designated pedestrian crosswalks. Lastly, staff from the Transportation and Fire Departments has indicated that this project will not adversely impact traffic flow and control, and that the access is adequate in case of fire or other catastrophe. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. Th~P!oposed church, day-care center and private school will not have an impact on the neighboring properties in relation to noise, glare, economic or odor effects because the neighboring properties are limited to the Calusa Pines Golf Course on three sides and Immokalee Road (CR-846) to the north. A Type "D" landscape buffer is also required along Immokalee Road. Landscape buffers or walls are not required where this property abuts the Calusa Pines Golf Course. Conversely, the church may be used by outside charitable organizations, such as Boy Scouts and Girl Scouts of America and this may create some noise and glare from vehicles arriving and departing the site during the weekday. However, the impact from noise and glare is expected to be minimal and the intensity of their activities is not significantly more than what was approved in the surrounding area. The conceptual site plan indicates the southern portion of the subject site will be the preserve area which will screen any activity from the subject property to the golf course. The 30-foot minimum side yard setback should minimize any impacts the proposed project might have in relation to the golf course. 5. Compatibility with adjacent properties and other property in the district. The maximum zoned building height is 35 feet as provided for in the rural agricultural zoning district. The petitioner indicates that the actual height will not exceed 45 feet for the principal structures. The zoned height for accessory structures will be 20 feet and the actual height will not exceed 30 feet. The minimum front yard and rear yard setback will be 50 feet and the minimum side yard setbacks will be 30 feet. Since the proposed development is adhering to aU setback and height requirements per the rural agricultural zoning district, staff is of the opinion that this petition is compatible with the adjacent properties. The proposed church is compatible with the approved land uses within the Heritage Bay PUD/DRI that is developed with single-family and multi-family residential homes and with the Calusa Pines golf course that is located along the southern, eastern and western property boundary. 8/5/2009 Page 8 of 10 Agenda Item No. 17C October 13, 2009 Page 15 of 92 Based on the above findings, staff is of the opinion that this conditional use should, with stipulations, be recommended for approval to the Board of Zoning Appeals (BZA). ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site is under the size threshold (10 acres) to require and Environmental Impact Statement. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was held on May 12, 2009 at Collier County, University of Florida Institute of Food and Agricultural Sciences Extension. Five people from the public attended, as well as the applicants and their team Margaret Perry, Jeff Perry, Tom Trettis, and Raymond Piacente of Wilson Miller Inc, Attorney Bruce Anderson of Roetzel & Andress, along with county staff, Melissa Zone. The main concem for one of the property- owners was in regard to drainage issues that might come about from the development of the subject site which might cause flooding in the surrounding neighborhood. The applicant's agents and county staff explained that all new development has to adhere to State and County regulations, and the property owner was content with the agents response and had no other concerns with the church request. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-2009-AR-14148 on August 20, 2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- 2009-AR-14231 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost for planned intersection and signalization improvements at CR-951 and Immokalee Road (CR-846) at the time of the next Development Order application. 3. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriffs Department, at any location that is detennined by either entity to experience operational or safety deficiencies as a result of this project's peak-event traffic. 8/5/2009 Page 9 of 10 Agenda Item No. 17C October 13, 2009 Page 16 of 92 '?s - ~- ~OGJ ? IPA PLA DATE AND LAND DEVELOPMENT REVIEW REVIEWED BY: . ~-/7~01 RA YMO V. BELLOWS, ZONING MANAGER DA TE DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~trn,/~ '1/20109 stfSAN M. ISTENES, AICP, DIRECTOR DATE . DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: -o'h !o r PH K. SCHMITT, ADMINISTRATOR DA TE / MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: <1-3-01 DATE STRAIN, CHAIRMAN Tentatively scheduled for the October 13, 2009 Board of Zoning Appeals Meeting Attachments: A. B. C. Conceptual Site Plan "FOUND ON PAGE 3 OF 10" Wildfire Mitigation and Prevention Plan GMP Consistency Memo 8(5/2009 Page 10 of 10 .... Agenda Item No. 17C October 13, 2009 Page 17 of 92 :r Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner The Capitol Tallahassee, FL 32399-0800 Victor A. Hill Wildfire Mitigation Specialist Caloosahatchee Forestry Center 10941 Palm Beach Blvd. Fort Myers, FL 33905 (239) 690-3500, Ext 104 June 4, 2009 Melissa Zone, Principal Planner Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 Peace Lutheran Church submitted a Wildfire Mitigation and Prevention Plan to the Florida Division of Forestry for review. The property is part of Section 25, Township 48 South, Range 26 East, in Coll.ier County. It is owned by Peace Lutheran Church of Naples, Inc. The plan as revised and received on June 4, 2009 is acceptable. Sincerely, CHARLESH.BRONSON COMMISSIONER OF AGRICULTURE ~tk~ !t_ .,..".....~..:!.~.~.~...:,.:~,. ~- - ." " , Wildfire Mitigation Specialist Attaclunent A Agenda Item No. 17C October 13, 2009 Page 18 of 92 WILDFIRE MITIGATION AND PREVENTION PLAN FOR PEACE LUTHERAN CHURCH Background The Peace Lutheran Church (herein referred to as "Project") is located on Immokalee Road, approximately 1.25 miles east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road, and is part of Section 25, Township 48 South, Range 26 East, Collier County, Florida. The Project falls under jurisdiction of the Golden Gate Fire Control and Rescue District (GGFD). The site, owned by Peace Lutheran Church of Naples, inc., encompasses approximately 9.35 acres and previously served as a single-family residence and a privately owned aviary and zoo. The land has been partially cleared. Peace Lutheran Church of Naples, Inc. is currently seeking approval via a Collier County Conditional Use Application to use the property for a church and associated uses including a child development center and private school. Since the property lies within the Rural Fringe Mixed Use District - Receiving Area, as designated within the Future Land Use Map in the Collier County Growth Management Plan, a Wildfire Mitigation and Prevention Plan (Wildfire Plan) must be prepared in coordination with Collier County Emergency Management Department and the Florida Division of Forestry. This Wildfire Plan addresses access, vegetation, building construction, fire protection, utilities and additional factors, so as to appropriately cover the requirements in the Collier County Growth Management Plan. Access Ingress and egress will be accommodated via a 24-foot wide, two-way travel way, which will provide access to/from the eastbound lane of lmmokalee Road. This travel way will provide access to all structures located on-site, and access to all parking areas on-site. The drive aisle width and turning radii have been designed to accommodate emergency vehicle access, including the largest trucks used by the Golden Gate Fire Control and Rescue District. Vegetation Bordering woodlands to the east and south are the greatest areas of wildfire concern for the Florida Division of Forestry. Forestry officials may conduct wildfire mitigation and community outreach efforts in the area. The Project is bordered on the north side by Immokalee Road, and on the south, east and west sides by the Calusa Pines Golf Course. Structures within the Project will be designed to conform to a minimum 30' setback from Project boundary, thereby providing the recommended 30' defensible space as outlined in the "Developing a Wildfire Mitigation and Prevention Plan" document. The southernmost +1-. two acres of the Project have not been previously cleared or developed, and are currently comprised of native vegetation. A portion of this area will be preserved to satisfy Collier County Native Vegetation Preservation requirements, and will therefore not be developed. Per Collier County Land Development Code Section 3.05.07, all principle structures must maintain a minimum 25' setback from the boundary of any native vegetation preserve. The 6/112009 - 211598 - Vor: 3. OHAJHLEY OS826-QO(H)()1 . PWRK - 32602 Agenda Item No. 17C October 13, 2009 Page 19 of 92 preliminary site layout for this Project, however, provides for a minimum 30' setback from this preserve area, thereby providing adequate defensible space for those structures. Please note that planting of non-highly flammable vegetationflandscaping will be encouraged within the 30' setback, so as to provide for a more efficient defensible space adjacent to all structures. Vegetation around the buildings will consist of typical southwest Florida cultivated landscaping such as palms, live oaks and grass with some shrubbery (note that all vegetative plantings shall be in conformance with the Collier County Land Development Code). Building Construction All structures will be constructed of materials in accordance with the Florida Building Code. Although the final building construction type for structures within the Project has not yet been determined I it is anticipated that all structures will include fire sprinkler systems, and that a 30' defensible space as discussed in the vegetation section above shoUld b~Cldequate for the proposed construction. Continuing maintenance of all structures, including the periodic removal of flammable debris from roofs, will be the responsibility of the owner, their successors or assigns. Fire Protection The Project falls under jurisdiction of the Golden Gate Fire Control and Rescue District (GGFD). The nearest fire station, Station 73, is located at 14575 Collier Boulevard (less than three miles from the Project) and is the district's headquarters. The GGFD is staffed by paid professionals, and is a professional company with the training and planning required to handle a large wildland fire. The GGFD has over fifteen trucks equipped to handle fires and other emergencies, with Station 73 housing at least one engine truck, a brush truck and a special response vehicle. The district also has three pumper trucks on reserve status. The Project's fire protection system will include at least two fire hydrant locations on-site, which will be pressurized by either a ground well and pump system or a tank system. Additionally, there is a Collier County owned fire hydrant located on Immokalee Road approximately 100' from the Project boundary, although this hydrant is not yet active. It is anticipated this hydrant will be active in the year 2018. Utilities The Project will be constructed in phases, with the first phase being serviced by a septic system for sanitary sewer, ground wells for potable water, and a ground well or tank system to accommodate fire protection. The build-out phase of the Project will be serviced by Collier County utilities. However, there will be no Collier County owned utilities on-site other than the potable water meter located near the northern Project boundary. Therefore, there will be no utility easements and/or right-of-ways granted within the Project, other than around the potable water meter. Once the Project is serviced by Collier County Public Utilities, the fire protetti5ii'"s~stemwilrb'e' connected to the Collier County owned 36" water main which runs along the north side of Immokalee Road. . ...... ,. ......... ,""l"!\l.'l""['O "........~ 5/112009.211596. Vor; 3. DHAR1l.~Y 06826-000.001 . PWRK . 32002 Agenda Item No. 17C October 13, 2009 Page 20 of 92 Additional Factors 1) Adjacent areas of wildland vegetation and fuel management programs already in place or planned: Please reference the Vegetation section of this plan, which addresses adjacent areas of wildland vegetation. There are no existing fuel management programs in place. 2) Homeowner association structure and education: The Peace Lutheran Church will not include a homeowner's association. The owner, his successors or assigns will be responsible for the implementation of this plan. 3) Other barriers to wildfire access such as canals or ditches: The water management system for the Project will include a system of dry detention areas, which are similar in nature to ditches. These-dry detention areas will run along the Project boundary, and may serve as additional barriers to wildfire access. 4) Community density: Not applicable. The Peace Lutheran Church will comprise the entire site. 5) Vacant lots in the community: Not applicable. The Peace Lutheran Church will comprise the entire site. 6) Wildfire history of the area including main causes: According to the Florida Division of Forestry, the main causes for wildfires in the area are lightning, escaped burning debris, escaped yard trash and equipment (mowers, etc.). The Division of Forestry did not provide information on the wildfire history of the area. -"1:~'~ ~".'I".':':~~,~.~.."" ~'.~'..'''... '.~.:""'''''''"' <- .,. ,....l.,,','~... ", " . +~'"il;'''~''.!''':t'' ~:::,~,~,,,,,,..,:;,..:,,,.... ", , . :"t.- ,.." "-, .,,;:!i..... ""', .".,,", '~./, 0; .'" ..-.......,;.:::l:'.t:'~~,;. ;::~':':,":::..'!":'~~:..,..'.,':. 611;2009 -211$98 - Vo, 3 - DHAATLEY 0682G-OOO-OOf - PWRK - 32602 Agenda Item No. 17C October 13, 2009 Page 21 of 92 <:;O~r <:;Ounty ---..- --4 Memorandum ~: Melissa Zone, AICP, Principal Planner, Zoning and Land Development Review Department From: Thomas Greenwood, AICP, Principal Planner; Comprehensive Planning Department Date: June 17,2009 Subject: Future Land Use Element Consistency Review-Memo #2 PETITION NUMBER: CU-2009-AR-14231 PETITION NAME: Peace Lutheran Church of Naples, Inc. Conditional Use Application REQUEST: Conditional use application proposing the construction of two structures containing a new church, private school and day care center with an initial approximate total 47,350 square feet of new building space allocated as follows: · 15,500 square foot building for the sanctuary; and · 31,850 square foot building containing a child development center, multi-purpose and recreation space, and office space to be used by church and employees. LOCATION: The subject property contains :1::9.35 acres and is located on the south side of Immokalee Road 1.5 miles east of Collier Boulevard having a physical address of 9824 Immokalee Road and located in Section 25, Township 48 South, Range 26 East. It is_surrounded on three sides by Calusa Pines Golf Course with Immokalee Road and Heritage Bay PUD to the north. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within "Receiving Lands" of the Rural Fringe Mixed Use District [RFMUD], as identified on the Future Land Use Map [FLUM], and as further described in the Future Land Use Element [FLUE] of the Growth Management Plan [GMP]. The Receiving Lands are, "those lands within the Rural Fringe Mixed Use District which have been identified as being most appropriate for development. . . . . . ". Consistency.with the FLUE of the GMP,--~,,, .,. ...,.,"',""',...,.""."'."-''''''''.,.....".."'~.-".- .... ,,"," -~""'"O, The following standards contained within the "Receiving Lands" provisions of the RFMUD are relevant to this conditional use application. Staff comments and analysis is shown in bold. "4. Emergency Preparedness: I/Page Attachment B Agenda Item No. 17C October 13, 2009 Page 22 of 92 a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surgefi'om Hurricane Map for Collier County. Mr. Von Rinteln of the Collier County Emergency Management Office on April!, 2009, indicated in an email to Melissa Zone, Principal Planner, the following: "The Peace Lutheran Church Consistency Review (dated March 23, 2009) mentions the potential requirements of its facilities being built to hurricane shelter specifications. Collier County Emergency Management has determined that this site is within the Category 4 Storm Surge zone for Collier County and therefore is not desirable or required for the shelter requirement." Accordinl!lv. this application mav be found consistent with the RFMUID. Impacts on evacuation routes, if any, must be considered as well. In response to the March 23, 2009, consistency memo in which staff stated that the application did not address impacts on evacuation routes, Melissa Zone, Principal Planner, on April 1, 2009, received an email from Mr. Von Rinteln of the Collier County Emergency Management Office as follows: "Collier County Emergency Management has reviewed the potential evacuation route impact of this project and see it as minimal." Accordinl!:lv. this application mav be found consistent with this provision. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency 1vlanagement staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and neceSSalY to mitigate against a potential disaster. An Emergency Preparedness Plan is not required for this project. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of ForestlY, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands." The applicant has indicated that it will prepare a Wildlife Prevention and Mitigation Plan in coordination with the Florida Division of Forestry and the Collier County Emergency Management staff and will submit the Plan as part of the site development plan application process. Staff points out that waiting for Plan approval until the site development plan approval process, MAY result in the relocation of buildings to locations substantially different than those shown on the Conditional Use Conceptual Plan, which MAY then require a re-submittal for a '.''''"''-'''''''''--''''''7''''--''- .., Con dition.al'Y1>e.'Accordingly , Staff recommends' this 'plan. be prepared nOW"tis.p'a"t't="''';'~'''''''''''''''''''''''''''- of this CD petition. As a follow-up, on April 22, 2009 the applicant prepared and submitted a Wildfire Prevention and Mitigation Plan in accordance with the RFMUD requirements to Mike \Veston from the Division of Forestry who is reviewing the plan, according to a May 12, 2009 email submitted with the revised 2lPage Agenda Item No. 17C October 13, 2009 Page 23 of 92 application. Subject to approval of this Plan by Collier County and the Florida Division of Forestry, this application may be found consistent with paragraph 4b) above. "5. Allowable Uses: Uses within Receiving Lands are limited to the following: q) Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. w) Private schools. " The applicant has requested a conditional use to permit the construction of a church, child care center and private school with a multi-purpose and recreation space and offices to be used by the child care center. In view of the above listed allowable conditional uses in the Receiving Lands of the RFMUD, this proposed conditional use may be found consistent with paragraph S above. "D) Additional TDR Provisions: Collier County has amended its land development regulations to-adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process includes the following provisions: 2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance the rural character within the Rural Fringe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishing buffering standards for developments adjacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishing a minimum project size below which these requirements shall not apply; the degree to which water features, including water management lakes and canals, may be a part of this bufftr; credits for existing native vegetation that is to be retained,' and, credits toward any open space and native vegetation preservation requirements." The proposed conditional use is adjacent to Immokalee Road and, as such, is required to develop and maintain a buffer consistent with the previous paragraph, with defmitive language provided in Chapter 4 of the Land Development Code (LDC). The LDC requires a IS-foot wide Type "D" buffer. The Conditional Use Conceptual Development Plan does include a notation related to the proposed 15-foot wide type "D" buffer. Subject to approval of this buffer by Collier County, this application may be found consistent with paragraph D2 above. The following address other policies contained within the FLUE. Each policy below is followed by staff analysis in bold print. FLUE Policv 5.4 states: "New developments shall be compatible with, and complementalY to, the surrounding lands uses, as set forth in the Land Development Code. " New developments shall be compatible with and complementary to the surrounding land uses as set forth in .,. ,--," " ,,,.. ~"r.""'"""'ttre,.,..t:affir"n7evelOpfueiirCode:'" If -is'" tJl'e<~res'ponsiB'ilifY~of -Ule' 'Zon.'mg"and""'Devei'opment Review staff as part of their review of the petition in its entirety to perform the compatibility analysis. 3[Page Agenda Item No. 17C October 13, 2009 Page 24 of 92 Objective 7: "In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. " Policy 7.1 "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. " As depicted on the Conditional Use Conceptual Site Plan, this project has one existing ingress/egress direct access onto Immokalee Road, an arterial road, which is the only vehicular access to the property and may be found consistent with this policy. Policy 7.2 "The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. " No internal roads are proposed as both the small size of the site and type of project make a loop road not feasible. This project may be found consistent with this policy. Policy 7.3 "All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. " The Conditional Use Conceptual Site Plan does not show access to the adjoining Calusa Pines Golf Course which directly abuts the subject property to the east, south and west. The subject property has no local streets, having just internal private driveways and parking. Due to the small size of this project, the absence of local streets, the nature of abutting property, the proposed preserve over the south portion of the property, this project may be found consistent with this policy. "".'"':1.\'::..n.:.!~'~~;;,';:c!:."::~:-,'- Policy 7.4 "The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. " The Conditional Use Conceptual Development Plan indicates that and internal on-site sidewalk system will be provided which will also connect to the existing sidewalk located on the south side of Immokalee Road as required by County regulations. As this is a non- residential use, this policy is mostly not applicable and this project may be found consistent with this policy. Consistency with the Conservation and Coastal Management Element rCCMEl of the ,GMP . . ,"-" J '- '.;, '-'~":'-'~""':""'~M:"',,_~~..-.:;:.."~;.~~'::!~t...:.~..:~.~.~' ,-. "" ~.,,~..-.-,;'_ f;i. ~:,-.",",....~1,',""-_","__''',':'7' :"'_'_'~-,"'_:_ ~:_:..:. . "Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria: -::-:'-~:.o ~."?'~n1'..,":;,-:o.".'~~,'-,. ~; 4lPage Agenda Item No. 17C October 13. 2009 Page 25 of 92 Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. " Staff leaves the determination of consistency with this standard of the CCME to the Environmental Services staff. Based upon the above analysis, staff concludes that the proposed conditional use may be deemed consistent with the FLUM and FLUE and subject to the approval of the Wildfire Prevention and Mitigation Plan by Collier County and the Florida Division of Forestry. (ON CD PLUS) cc: Susan Istenes, AlCP, Zoning and Land Development Review Department, Director Ray Bellows, Zoning and Land Development Review Repartment. Planning Manager Randy Cohen, AICP, Comprehensive Planning Department, Director David Weeks, AlCP, Comprehensive Planning Department, Planning Manager ':'. ......-:'...:;.":~.. ':' ~.,.:..; '::':;:".-~"''::; ~..;.;~...~. .:~,..,',..'.~ '; :~:. - I''''~.'' 5lPage ". UO)N ~ I f'-.OO) . ~I ..-0,- .N 0 ~ o -<.0 aa'l'^31n08 ),,'9'8 39"'11~3H I Z~N I EID~ I <.) \ $.oro I ;;.\ <( -00... "" \ ro- -, -aU ~ ) cO ;;'''.1' I <l) Ol ~, ~I <( " - ""'OIl~-- i Cl ;:) ~ 0.. < z j ~ ~ '" <.5 1 I! <.) < Z ~ 0 ~ UJ- . . < ,=!;;:: I" ~ roU <.) ~ 0 ~ I ~ -' I i ~ 3M,fO lS3~:)OOOM ~ II \ ::1 ~ ~ ~ N ~ ~ ~ '" t-z 00 w- -!;;:: 00 0::0 a..-, <.) ~ ~ '" I I tT ~ j ,w"r- . 1 ~ ! 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OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET Agenda Item No. 17C October 13, 2009 2800 NORTH HORSESHO~~VB of 92 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by stafJ ._ ABOVE TO BE COMPLETED BY STAFF APPLICANT Information Name of Applicant(s) Peace Lutheran Church of Naples, Inc., c/o Fred Grundeman Address 5659 Strand Court Suite 103 CITY Naples STATE FL ZIP 34110 2nd Address 2180 Rusty Fig Court CITY Naples STATE FL ZIP 34120 Telephone # 239.919.6526 E-Mail fgrundeman@comcast.net Name of agent R. Bruce Anderson FIRM Roetzel & Andress, LPA Address 850 Park Shore Dr. CITY Naples STATE FL ZIP 34103 Telephone # 239.649.2708 Fax # 239.261.3659 E-Mail Addressbanderson@ralaw.com Name of agent Brooke C. Gabrielsen FIRM WilsonMiller, Inc. Address 3200 Bailey Ln. Suite 200 CITY Naples STATE FL ZIP 34105 APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 512012005, rev 2/12/08 1 Telephone # 239.649.4040 Fax # 239.643.5716 E-Mail AddressBrookeGabrielsen@wilsonmiller.com Agenda Item No. 17C October 13, 2009 Page 28 of 92 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 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.collierQov.net/lndex.aspx?paQe=774 Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address PO Box 990596 City Naples State FL Zip 34116 Name of Homeowner Association: Fifth District Civic Advisory Group Mailing Address 2335 Tamiami Trail North Suite 308 City Naples State FL Zip 34103 Disclosure of Interest Information a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. The property is owned by a non-profit corporation with tax exempt status. There is no percentage of ownership. Name and Address Percentage of Ownership Rev. Dennis J. Liebich, Registered Agent 5010 Kingston Way Naples, FL 34119 N/A APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 2 ^ Steve O'Donnell, President N/A .'" Oc 4535 12th Street NE Naples, FL 34120 Carl Scheuman, Vice-President N/A 945 Moon Lake Circle Naples, FL 34104 Maria Pate, Treasurer N/A 14566 Indigo Lakes Circle Naples, FL 34119 Dana Becker, Secretary (Outgoing) N/A 4236 St. George Lane Naples, FL 34119 Kelly Ducham, Secretary (Incoming) N/A 5659 Strand Court, Suite 103 Naples, FL 34110 Item No. 17C ober 13,2009 Page 29 of 92 - c. If the property is in the name of a TRUSTEE, list the beneficiaFies of the trust with the percentage of interest. Name and Address Percentage of Ownership N/A 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 N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/2012005, rev 2/12/08 3 Name and Address Agenda Item No. 17C October 13, 2009 Page 30 of 92 N/A g. Date subject property acquired. 4/16/08 leased. Term of lease yrs.lmos. h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Understood. PROPERTY LOCATION Detailed leQal description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 25/48/26 Lot: Block: Subdivision: Plat Book Page #: Property 1.0.#: 00191720008 Metes & Bounds Description: THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. Size of property: ft. X ft. = Total Sq. Ft. Acres 9.35 Address/general location of subject property: 9824 Immokalee Road Naples, FL 34120 APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/2012005, rev 2/12/08 4 Agenda Item No. 17C October 13, 2009 Page 31 of 92 Adjacent zoning and land use Zoning N PUD S Agriculture E Agriculture land use Heritage Bay (across Immokalee Rd.) Calusa Pines Golf Course (Conditional Use) Calusa Pines Golf Course (Conditional Use) W Agriculture Calusa Pines Golf Course (Conditional Use) --- Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A CONDITIONAL USE REQUEST DETAil Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.03.01.A.1.c of the A zoning district for Church, Child Care Center and Private School (type of use). Present Use of the Property: Single-family home and abandoned aviary and zoo EVALUATION CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code 5 APPLlCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 and Growth Management Plan (include information on how the request i~gcr~~~?vi~~ the applicable section or portions of the future land use element): Page 32 of 92 The subject property is located in the Rural Fringe Mixed Use (RFMU) District and is designated as Receiving Land. Community facilities, such as places of worship and child care facilities, and private schools are allowable uses in Receiving Lands according to the Future Land Use Element (FLUE). The property is zoned Agriculture (A) and Section 2.03.01.A.1.c lists churches, child care centers and private schools as conditional uses in that zoning district. The FLUE also requires that a Wildfire Prevention and Mitigation Plan be developed for new developments proposed within Receiving Lands. The applicant will prepare that Plan in coordination with the Florida Division of Forestry and Collier County Emergency Management sta1fand will submit it as part of the site development plan application process. Buffers adjacent to major public rights-of-way are addressed in the FLUE by stating that a provision will be placed in the LDC establishing standards for developments adjacent to existing or proposed arterial and collector roadways. The project is adjacent to Immokalee Road, a major public right-of-way. The LDC states that projects in Receiving Lands follow the landscaping and buffering standards in Chapter 4, which requires a Type "0" Buffer, as shown on the Conditional Use Conceptual Site Plan. This project adheres to Objective 7 in the following ways: by following the development standards for Receiving Lands in the Growth Management Plan and the LOC the property will incorporate smart growth principles and will adhere to the existing development character of Collier County; the property will be connected to the fronting arterial road; and the property will be equipped with walkways and common open spaces. The Conservation and Coastal Management Element (CCME) of the Growth Management Plan, in Policy 6.1.2, states that developments occurring in Receiving Lands must preserve a minimum of 40 percent of the native vegetation present on site, not to exceed 25 percent of the total site area. A preserve area equaling 40 percent of the existing native vegetation is identified on the Conditional Use Conceptual Site Plan. This preserve area is the largest contiguous area of native vegetation and provides a APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 6 connection to an offsite preserve. Agenda Item No. 17C October 13, 2009 Page 33 of 92 Objective 4 of the Economic Element of the Growth Management Plan states that, "Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs." Peace Lutheran Church is a nonprofit organization whose aim is to provide opportunities for worship, child care and community involvement. The Land Development Code (LDC) requires a minimum front yard and rear yard setback of 50 feet and a minimum side yard setback of 30 feet. The Conditional Use Conceptual Site Plan included with this application demonstrates adherence to these requirements. The maximum building height in the LOG is 35 feet for principle structures and 20 feet for accessory structures. The project will adhere to these height limitations, except for those exemptions and exclusions listed in LOG Section 4.02.01.0.1, such as spires. Landscaping, buffering, native vegetation retention and open space requirements listed in the LOC will also be followed. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ingress and egress will be accommodated via a 24-foot wide, two-way travel way, which will provide access to/from the eastbound lane of Immokalee Road. This travel way will provide access to all structures located on-site, and access to all parking areas on-site. The drive aisle width and turning radii have been designed to accommodate emergency vehicle access. Sidewalks will be provided throughout the site, extending from the public right-of-way. These sidewalks will provide pedestrian access to all structures. Additionally, designated pedestrian crosswalks will be provided throughout the parking areas, which will provide a safe travel way through vehicular areas for pedestrians. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The Church and Child Development Center (CDC) should not have any effect on the neighboring property in relation to noise, glare, economic impact or odor. The neighboring property to the east, south and west is the Calusa Pines Golf Course. There APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 7 is a golf hole adjacent to the subject property's southern border, howet'Jlf~~;~~~ . . Page 34 of 92 area WIll buffer any nOIse or glare from the Church or COCo d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The site is surrounded on three sides (west, south and east) by the Calusa Pines Golf Course. To the north of the site is Immokalee Road, a six-lane arterial roadway, and then the Heritage Bay ORI. The ingress and egress for the site are from Immokalee Road and will not affect the access to adjacent properties. The site will provide the required buffers, and will not negatively impact Calusa Pines or Heritage Bay. e. Please provide any additional information which you may feel is relevant to this request. Information regarding proposed uses and hours of operation for the church is included in this application, at the request of staff. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. Be advised that Section 10.03.05.B.3 of the land Development Code requires an applicant to remove their public hearing 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. APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/2012005, rev 2/12/08 8 (i) Agenda Item No. 17C October 13, 2009 Page 35 of 92 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s) Peace lutheran church of naples, Inc. c/o fred grundeman Address 5659 strand Court suite 103 CITY Naples STATE FL ZIP 34110 2nd Address 2180 Rusty Fig Court CITY Naples STATE FL ZIP 34120 Telephone # 239.919.6526 E-Mail Address:fgrundeman@comcast.net ADDRESS OF SUBJECT PROPERTY (IF AVAilABLE): 9824 Immokalee Road Naples, FL 34120 lEGAL DESCRIPTION Section/Township/Range 25/48S/26E lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Property I.D.#: 00191720008 Metes & Bounds Description: THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM . b. CITY UTILITY SYSTEM . c. FRANCHISED UTILITY SYSTEM . PROVIDE NAME d. PACKAGE TREATMENT PLANT . (GPD capacity) e. SEPTIC SYSTEM . APPLlCA TION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/2012005, rev 2/12/08 9 TYPE OF WATER SERVICE TO BE PROVIDED Agenda Item No. 17C October 13~ 2009 Page 3 of 91 a. COUNTY UTILITY SYSTEM · b. CITY UTILITY SYSTEM · c. FRANCHISED UTILITY SYSTEM · PROVIDE NAME d. PRIVATE SYSTEM (WELL) · TOTAL POPULATION TO BE SERVED: A total of 600 seats are anticipated for the assembly area for the church at build-out. However, water and sewer demand calculations are based on the square footage of the Multi-Purpose Facility (including the Child Development Center) within the Church, which is the controlling factor for utility demand. Note: the square footage used in demand calculations is based on preliminary design estimates, and is subject to change. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 7.9 GPM AVERAGE DAILY 2.850 GPD B. SEWER-PEAK 7.9 GPM AVERAGE DAILY 2,850 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED FEB 2011 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. The initial phase of development for the Peace Lutheran Church will require a septic system for sanitary sewer, ground wells for potable water, as well as a ground well or tank system to accommodate fire protection. However, it is anticipated that the Collier County owned utility mains along Immokalee Road (36" water and 16" force main) will be active by the time the Peace Lutheran Church reaches build-out. Therefore, it is anticipated that the build-out phase of development for the project will be serviced by the Collier County Utility System. The build-out phase of development has been reflected on the site plan included with this application. Reference the next page for schematic drawings of the initial and final development phases. APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5120/2005, rev 2/12/08 10 Agenda Item No" 17C October 13, 2009 Page 37 of 92 INITIAL DEVELOPMENT: SEPTIC SYSTEM BUILDING DRAIN FIELD FINAL DEVELOPMENT: COUNTY UTILITIES 6" LATERAL 8" GRA'v1TY MAIN PVC CLEAN-OUT 8" GRA'v1TY MAIN PUMP STATION FORCE MAIN L_______ r- EXISTING 16" FORCE MAIN -------s APPLlCA TlON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 11 Agenda Item No. 17C October 13, 2009 Page 38 of 92 COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. .Initial development of the project will be serviced by a septic system for wastewater service, ground wells for potable water, as well as a ground well or tank system to accommodate fire protection. These facilities are to be owned and maintained by the property owner, their successors or assigns, and will not be dedicated to the Collier County Utilities. However, it is anticipated that water and wastewater service will be provided by Collier County Public Utilities for the final phase of development. When the project provides connection to the County utility system, the majority of water and wastewater facilities will be located outside of the Collier County right-of-way (ROW). All utilities outside of the Collier County ROW will be owned and maintained by the property owner, their successors or assigns, with the exception of the potable water master meter assembly, which would be provided within a County Utility Easement (CUE) and be owned and maintained by Collier County Public Utilities. All utilities within the ROW, including the potable water, fire main, and wastewater force main, will be owned and maintained by Collier County Public Utilities. It is understood that all applicable development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits for the Project. STATEMENT OF AVAilABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. N/A APPLlCA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03, rev 5/20/2005, rev 2/12/08 12 Agenda Item No. 17C October 13, 2009 Page 39 of 92 CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: --- - Cover letter briefly explaining the project 20 . . A.pplication (completed & signed) (download from website for 20 . . current form) *Additional set if located in the Bayshore/Gateway Triangle . . Redevelopment Area) 1 A.ddressing Checklist signed by Addressing 1 . . ::Ire-Application meeting notes 20 . . Conceptual Site Plan 24" X 36" plus (one 8 ~ X 11 copy) 20 . . Copies of Warranty Deed(s) 2 . . Completed Owner/Agent Affidavits, Notarized 1 . . - II"'"IC"\ .. . . . '. \' -I' "..,. - ._~. _f: CIC' _~ :. Listed Species Survey 3 ~erial photographs (taken within the previous 12 months min. 5 . . ~caled 1"=200'), showing FLUCCS Codes, Legend, and project boundary ptatement of utility provisions (with all required attachments & 1 . . ~ketches) raffic Impact Statement (TIS), or waiver 7 . . Historical and Archeological Survey, or waiver 4 . . Copies of State and/or Federal Permits, and Letter of ~ . . exolanation Architectural Rendering of Proposed Structure(s) 4 . . Electronic copy of all documents and plans (CDROM or 1 . . Diskette) oundary Survey 2 . . Affordable Housing or Economic Development Council Projects: ., ". EDC "Fast Track" must submit approved copy of official 2 . . application Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE -4/14/03. rev 5/20/2005, rev 2/12/08 13 Agenda Item No. 17C October 13, 2009 Page 40 of 92 RESOLUTION NO. 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.l.c OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 9824 IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning ana such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0 1.A.I.e of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the publie interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: CU.09-AR- J 4231 REV. 8/25/09 lof2 Agenda Item No. 17C October 13. 2009 Page 41 of 92 Petition Number CU~2009-AR-14231 filed by Margaret Perry, AICP of Wilson Miller, Inc. and R. Bruce Anderson of Roetzel & Andress, LP A, representing Peace Lutheran Church of Naples, Inc., with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a church, child care center, and private school within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this _ day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams S~.;2l'oc:! Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions 09-CPS-00938/17 - CU-09-AR-14231 REV. 8/25109 20f2 Agenda Item No. 17C October 13, 2009 Page 42 of 92 LEGAL PESCRJPTTQN THE WEST 352.48 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLfER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT TI-lAT PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287. PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. Exhibit A l .. . . '" . ". RIE"'"'i'.'V')""J: ,;i;!J:.!i.~ .." ". "lil-" . 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The Conditional Use is limited to what is shown on the Conceptual Site Plan (Attachment B), included in the application. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The applicant will be required to contribute proportionate share cost_for at-grade intersection and signalization improvements -at Collier Boulevard (CR-951) and Immokalee Road (CR-846), identified in the County's work program as project number 60095, at such time as the applicant submits a Development Order application for a school or child care center. 3. The project's site generated trips shall not exceed 2,336 total daily two-way trips, and 350 adjusted PM peak two-way trips for any combination of the allowed uses which was included in the applicant's Traffic Impact Statement (nS) approved as part of this petition. 4. The applicant must provide for traffic control via the use of local law enforcement agencies, upon request by Collier County Transportation Department or the Collier County Sherriffs Department, at any location that is determined by either entity to mitigate operational or safety deficiencies as a result of this project's peak-event traffic. 5. The actual height of structures shall not exceed fifty feet (50'). Revised 9/17/2009 Exhibit C 1/9/2009- 207904 - Vor. , . "/Trotti. 06826-001).001- EPER . 32811 - PEA eEL U THE RAN C H U R C H- LISTED SPECIES SURVEY REPORT Prepared For: Peace Lutheran Church 5659 Strand Court Naples, Florida 34110 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite # 200 Naples, Florida 34105 FEBRUARY 2009 Agenda Item No. 17C October 13, 2009 Page 45 of 92 1 . 2. 2.1. 2.2. 3. 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 4. 4.1. 4.2. 5. Agenda Item No. 17C October 13, 2009 Page 46 of 92 TABLE OF CONTENTS INTRODUCTION ., ............ ................... ............ ..... .....1 VEGETATION SURVEY AND LISTED PLANT SPECIES ........1 Vegetation Survey/Mapping Methodology....... ............ ...... .......... ..... ...... ......... .......... ........... 1 FLUCCS Categories Documented On site .......................................................................... 2 LISTED SPECIES SURVEY AND RESULTS.......................3 Survey Methodology............................................... .............................................................. 3 Listed Plant Species Documented Onsite............................................................................ 4 Listed Plant Species That Could Potentially Occur Onsite But Were Not Observed ...........5 Listed Wildlife Species Documented Onsite ........................................................................ 5 Listed Wildlife Species That Could Potentially Occur Onsite But Were Not Observed ....... 5 Non-listed Species Documented Onsite (General Wildlife Observations) ........................... 7 SU MMARY............................. ..................................8 Listed Plants..................... ._..................................................... ............ ................................. 8 Listed Wildlife... ................................................................... .................. ............................... 8 REFERENCES.. .... ... .... ....... .... .............. .......... ....... ...9 Tables Table 1 - Listed Species Survey.... ....... ....... ................. ......................... .......... ................. ....................3 Table 2 - Listed plant species observed ................................................................................................ 4 Table 3 - Listed plant species that could potentially occur but were not observed ............................... 5 Table 4 - Listed wildlife species that could potentially occur but were not observed............................. 7 Table 5 - List of non-listed wildlife species observed ............................................................................ 7 119/2009 . 207904 . Ver: 1 . TTreUl-s 06=-000-001 . EPER - 32611 " Agenda Item No. 17C October 13, 2009 Page 47 of1g2 Peace Lutheran Church Listed Species Survey Report 1. INTRODUCTION The Peace Lutheran Church site encompasses approximately 9.35 acres and is located in Section 25, Township 48 South, Range 26 East, Collier County, Florida. A private aviary/petting zoo previously existed on a portion of the site but is now abandoned. The property is bordered on the north by Immokalee Road and the Cocohatchee Canal, on the east by undeveloped lands, and on the west and south by Calusa Pines Golf Club. A location map is included with this report as Exhibit A. WilsonMiller Certified Senior Ecologist Tom Trettis conducted a listed species survey on the property using field methodology guidelines largely consistent with those established by both the Florida Fish and Wildlife Conservation Commission (FWC) and Collier County Environmental Services Department. The listed species survey included mapping the major vegetative habitats and performing meandering pedestrian transects searching for listed plant and wildlife species utilizing and/or inhabiting the subject property. In addition to the listed species survey, the ecologist also recorded notes regarding general wildlife observations which are presented in Table- 5 of this report. 2. VEGETATION SURVEY AND LISTED PLANT SPECIES 2.1. Vegetation Survey/Mapping Methodology The dominant plant communities and land uses within the project limits were mapped by the WilsonMiller ecologist utilizing field assessment methods. Vegetation mapping was performed utilizing color aerial photographs and ground-truthing of the project site. A detailed analysis of vegetative structure and composition of each habitat was performed during the site visits. The vegetative associations and land uses were classified in general accordance with the Department of Transportation's Florida Land Use, Cover and Forms Classification System (FLUCCS) manual, January 1999 edition. Refer to the included FLUCCS Map for the vegetative community types found on the site (Exhibit B). The primary factor contributing to alteration of native vegetative communities on the site is a change in hydrology. With this change, opportunistic plant species (Le. exotic and/or nuisance species) have become established and will continue to further negatively impact the native plant community. Natural site conditions on the property have been altered by human induced activities. Examples include the disruption of the historical hydrological sheet flow with the construction of the Cypress Canal to the south, construction of CR.951 and associated canal to the west, construction of Immokalee Road and Cocohatchee Canal to the north, development of surrounding areas, and a lowered groundwater table. Alteration of the hydrologic regime on the subject property most likely caused a change in the structure and composition of the native plant communities, and may have provided an opportunity for exotic and nuisance vegetative species to become established. Exotic vegetation observed on the project site during the 2008 listed species survey include melaleuca (MeJaleuca quinquenervia), Caeser-weed (Urena lobata) and Brazilian pepper (Schinus terebinthifolius) Nuisance species such as muscadine grape (Vitis rotundifolia) and dog fennel (Eupatorium capillifolium) are also present. One or more of these exotic and/or nuisance species may be influencing the population distribution of the native plant communities on the project site. Levels of exotic plant infestations, based on their aerial cover, were mapped in conjunction with mapping of native vegetation associations and land uses. Code modifier suffixes are appended to descriptive FLUCCS codes to indicate the approximate abundance of exotic species within a particular FLUCCS community. Code modifiers used for the site are shown below: lJ912009 . 2.07904 - Vtr: 1 . TTrettia """26-000.0<)1 - EPIOR - 32." Agenda Item No. 17C October 13, 2009 Paqe 48 of~2 Peace Lutheran Church Listed Species Survey Report E = Exotic Plant Species E1 = Exotics 10-24% E2 = Exotics 25-49% E3 = Exotics 50-75% E4 = Exotics> 75% 2.2. FLUCCS Categories Documented On Site The FLUCCS code number for each category is indicated followed by the brief name (description) of the category. If applicable, plants common to each significant stratum present were indicated. A general description of the FLUCCS category is then provided together with any nuances specific to the project site that are worthy of mention. The following is a list of FLUCCS categories determined to be present on the property, along with a brief description of each category: Abandoned Aviary/Zoo (FLUCCS 1853) -TtJis category represents the abandoned aviary/zoo that previously occupied the property. The aviary/zoo is no longer in operation but remnants of the operation remain including cages, boardwalks, office/residence, bird and animal display units, fenced animal pens, and turtle and fish pools. The grounds contain a variety of landscape trees including ficus, bottlebrush, Norfolk pine, bamboo, and areca palm. Native species within this category include slash pine, cypress and cabbage palm but do not constitute 25% cover. Palmetto Prairies (FLUCCS 321) - This category represents an area where saw palmetto (Serenoa repens) is the dominant ground cover vegetation. The canopy layer contains widely scattered slash pine (Pinus elliotti) and cabbage palm (Sabal palmetto) however the total aerial canopy-cover of these individuals is less than 10%. Sub-canopy vegetation is composed of rusty Iyonia (Lyonia ferruginea), sumac, (Rhus copallina), gallberry, (/lex glabra), wax myrtle, (Myrica cenfera), and cabbage palm. Common ground cover species include rusty lyonia, Caesar-weed, (Urena lobata), pennyroyal, (Pi/ob/ephis rigida), shiny blueberry, (Vaccinium myrsinites) sumac, muscadine grape (Vilis rotundifolia), dewberry (Rubus trivialis), and bracken fern (Pteridium aquilinum). Pine Ratwoods (FLUCCS 411) - This area is dominated by a canopy of slash pine with an occasional cabbage palm, and a ground cover dominated by saw palmetto. Sub-canopy species include slash pine, sumac, cabbage palm, myrsine (Rapanea punctata), wax myrtle, and rusty Iyonia (Lyonia ferrugenia). Small graminoid areas exist within the dominant saw palmetto ground cover and include pennyroyal, chocolate weed (Melochia corchorifo/ia), poison ivy (Toxicodendron radicans), muscadine grape, dewberry, Caesar- weed, and catbriar (Smi/ax sp.). Some melaleuca, (Mela/euca quinquenervia) and Brazilian pepper, (Schinus terebinthifolius) are also present in these areas. Pine Flatwoods - Graminoid Understory (FLUCCS 416) - These areas are dominated by slash pine in the canopy with widely scattered cypress (Taxodium distichum). Sub-canopy species include slash pine, cabbage palm, widely scattered cypress, wax myrtle, cabbage palm, and myrsine. Ground cover species include Caesar-weed, pennyroyal, muscadine grape, sumac, scattered saw palmetto, love vine (Cassytha filiformis), catbriar (Smilax bona-nox), dewberry, and myrsine. Many of these habitats have been disturbed in the past. Brazilian Pepper (FLUCCS 422) - This area is dominated by Brazilian pepper in the canopy with widely scattered cypress. Brazilian pepper also dominates the sub-canopy. Ground cover contains scattered cabbage palm and widely scattered swamp fern (Blechnum serrulatum). Mela/ueca (FLUCCS 424) - This area is dominated by melaleuca in the canopy. Sub- canopy species include Brazilian pepper, myrsine, melalueca, and scattered saltbush V9/2009 - .207$04 . Ver. , . TTralH$ 06826-000-00' - EPER - 32611 Agenda Item No. 17C October 13, 2009 . Page 49 01392 Peace Lutheran Church Listed Species Survey Report (Baccharis sp.), myrsine, and melaleuca. Ground cover species include scattered swamp fern, sawgrass (Cladium jamaicense) and muscadine grape. Previous Iv Cleared/Disturbed Lands (FLUCCS 740) - This category represents portions of the property that have been previously cleared or disturbed as a result of activities associated with the abandoned aviary/zoo. Graded/Filled Lime-rock Road (FLUCCS 8145) - This category represents a previously filled and graded lime-rock road on a portion of the eastern property boundary. 3. LISTED SPECIES SURVEY AND RESULTS 3.1. Survey Methodology Prior to field investigations, a literature search was performed and color aerials were reviewed to identify the various vegetative communities present on the project. site. Information regarding listed plant and animals that have the potential to occur in habitats onsite was obtained from the Aorida Fish and Wildlife Conservation Commission (FWC) and the Florida Natural Areas Inventory (FNAI). The FWC's publication Florida's Endanaered Soecies. Threatened Species and Species of Special Concern. Official List, . December 1999, was reviewed to determine the current state and federal status of listed wildlife and plant species potentially present onsite. In-house FWC data is depicted on the enclosed FWC Regional Listed Species Data Map (Exhibit C). The listed species survey consisted of meandering pedestrian transects through each habitat present on the project site. These survey methodologies were generally consistent with those prescribed by the FWC (FGFWFC 1988 Wildlife Methodology Guidelines for Section 18.D of the Application for Development Approval. FGFWFC. Tallahassee, FL). The WilsonMiller ecologist was equipped with compass, aerials, binoculars, and a field notebook for documentation purposes. While performing meandering pedestrian transects, the ecologist periodically stopped, looked for wildlife, signs of wildlife, and listened for wildlife vocalizations. Pedestrian transects were conducted in the early morning and late evening. Early morning transects were. started one-half hour before sunrise and evening transects lasted until one- half hour after sunset. The listed species survey was performed on November 3,6,10, 11, and 12, 2006. WilsonMiIler Exhibit D shows the Listed Species Transects Map for the listed species survey. Table 1 lists pertinent information relating to the vegetation mapping/listed species survey. Table 1 - Listed Species Survey Ecologist involved, survey dates and time and weather conditions during survey (temperature given represents temperature at beginning of survey when no range is specified. ECOLOGIST DATE TIME OF DAY WEATHER Tom Trettis 11/03/08 3:33 pm - 6:30 pm 820F, partly cloudy skies, wind 0 - 5 mph Tom Trettis 11/06/08 6:05 am - 8:35 am 560F, partly cloudy, wind 0 - 5 mph Tom Trettis 11/10/08 6:08 am - 8: 15am 580F, mostly sunny, wind 0-5 mph Tom Treltis 11/11/08 6:00 am -8:10 am 610F, partly cloudy, wind 0 - 5 mph Tom Treltis 11/12108 4:30 pm - 6:30 pm 830F, mostly sunny, wind 0 - 5 mph 11912009. 207904 . Ver: 1 ~ TTreltis OB82G.OOO.oo, . EPER . 32611 Agenda Item No. 17C October 13, 2009 Page 50 of192 Peace Lutheran Church Listed Species Survey Report The following provides a discussion of how the methodologies employed during the survey deviated from the specific subcategories of wildlife survey methods recommended in the referenced FWC document. "Upland Surveys" - Methods used were consistent except that in the majority of cases, the density of transects occupied exceeded the recommended density; and surveys addressed more species than those listed in the 1988 FWC publication. "Small Mammal Sampling" - No small mammal trapping was performed. None of the species listed under this methodology could be. reasonably expected to occur on the property due to inappropriate range and habitat. "Herpetofaunal_Surveys. - No herpetofaunal trapping was performed. None of the species listed under this methodology could be reasonably expected to occur on the property due to inappropriate habitat. 3.2. Listed Plant Species Documented Onsite During the course of mapping vegetation associations and conducting listed species transects, the WilsonMilIer ecologist also searched for plants listed by the Florida Department of Agriculture (FDA) and/or the U.S. Fish and Wildlife Service (FWS) that may be present on the project site. The above-noted agencies have categorized the various listed plant species based upon their relative abundance in natural communities. Those categorizations include "Endangered;" "Threatened," and "Commercially Exploited". "Endangered" means species of plants native to the State that are in imminent danger of extinction within the State, the survival of which is unlikely jf the causes of a decline in the number of plants continue, and includes all species determined to be endangered or threatened, pursuant to the Federal Endangered Species Act of 1973, as amended, Public Law No. 93-205 (87 Stat. 884). "Threatened" means species native to the State that are in rapid decline in number of plants within the State, but which have not decreased in such number as to cause them to be endangered. "Commercially exploited" means species native to the State which are - subject to removal in significant numbers from native habitats in the State and sold or transported for sale. The protection afforded plants listed by the Florida Department of Agriculture entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission andlor a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. These provisions are found in Section 581.185, FDA under State law. Those plants listed by the FDA, which were documented by the listed species survey to exist on the project site, are listed in Table 2. There were two species of listed plants, per the FDA list, observed on the property: the twisted air plant (Tillandsia flexuosa) and the stiff.leaved wild pine (Ti/landsia fasciculata). The twisted air plant is listed by the FDA as Endangered and the stiff.leaved wild pine is listed by the FDA as Endangered. Neither of these plant species is listed by the FWS. The above-mentioned plant species: although listed by the FDA, are relatively common in southwest Florida. Table 2. Listed plant species observed COMMON NAME I SCIENTIFIC NAME STATUS HABITAT FDA FWS Twisted air olant I Tiffandsia flexuosa E NL 411.416, 1853 Stiff.leaved wild Dine I Tillandsia fascicufata E NL 411,416,1853 FDA =: Florida Department of Agriculture FWS = United States Fish and Wildlife Service E '" Endangered 1/9'2009.2079'04. Ver. 1 . ITtcl1is 06926-000-001 . EPER . 32611 Agenda Item No. 17C October 13, ~09 Peace Luth~r'~~'b~~rgj!; 92 Usted Species Survey Report T = Threatened NL = Not Listed Habitat = Major FLUCCS categorIes in which indicated species were observed or are most likely to occur. 3.3. Listed Plant Species That Could Potentially Occur On Site but Were Not Observed The following species listed in Table 3 could potentially be found on the project site due to the presence of appropriate habitat, but were not actually observed. Table 3 - Listed plant species that could potentially occur but were not observed COMMON NAME SCIENTIFIC NAME STATUS . HABITAT FDA I FWS Giant wild cine Tiflandsia utriculata E I NL 411.416 FDA Florida Department of Agriculture and Consumer Services FWS United States Fish and Wildlife Service E Endangered C = Commercially exploited NL = Not listed Habitat Major FLUCCS categories in which indicated species were observed or are most likely to occur. 3.4. listed Wildlife Species Documented Onsite During the listed species survey, no state or federally listed wildlife species were observed on the project site. 3.5. Listed Wildlife Species That Could Potentially Occur Onsite But Were Not Observed Although not observed during the listed species survey, the following state and/or federally listed wildlife species could utilize or visit the site as a result of potentially suitable habitat being present: Florida panther, Eastern indigo snake, bald eagle, Big Cypress fox squirrel, and the Florida black bear. Various sources of information were used to determine the possibility of occurrence (FNAI, 1998; FWS 1997, FWC 1997, FDA 1997). Table 4 denotes listed wildlife species that have a potential to occur on the project site, although they were not observed. Common habitat occurrence, state/federal status, and potential for occurrence are also given in Table 4. Florida Panther - The Florida panther (Puma conc%r COryl) is listed as Endangered by both the FWC and FWS. The results of the listed species survey performed by WilsonMiller indicate a potential for usage of the property by the Florida panther. Though no individuals nor signs of panther utilization (i.e. tracks, scat, etc.) were observed on-site during the November 2008 listed species survey, results of WilsonMiller in-house FWC database research indicate that four panthers (Cat #28, Cat #92, Cat #99, and TX #101) were documented by radio collar telemetry data as occurring within a 2-mile radius of the project site and one panther was documented occurring on or adiacent to the site Cat #28 occurred within 2 miles of the property in June 1989, Cat #92 occurred within 2 miles of the property in July 2001, Cat .#99 occurred within 2 miles of the property in March and August 2002, and Texas Cougar #101 is documented occurring on or near the project site and within 2 miles of the site in June 1995. The data also indicates that no panther activity has been documented within 2 miles of the site in the last six years. In addition to the potential use of the site by the Florida panther and documentation of their occurrence on adjacent properties, the subject property exists within the Secondary Panther Habitat Zone. Secondary panther habitat is described as natural and undisturbed lands in south Florida that may be important to transient sub-adult male panthers and has the potential to support an expanding panther population, especially if habitat restoration was possible (Kautz et al. 2006). Due to the low suitability and habitat preference of current site conditions of the property or the potential use by the Florida panther, and considering that the land-use surrounding the project site is primarily dedicated to residential and golf course activities, habitats rarely inhabited by panthers other than 11912009.207904 . Vor. 1 . TT'Otll. 06826-000-001 . ~P~R. ~6" Agenda Item No. 17C October 13, 2009 Page 52 of ~2 Peace Lutheran Church listed Species Survey Report transient activities, it is unlikely that the development of the property will affect the regional abundance of the Florida Panther. However, the FWS will assess the level of potential impact to panther habitat related to the development of the project site. The FWS, through the Corp~~~!.mllfi~g-'process if wetlands are Impact~ may require the preparation of a Biological'G"pinion to determme wllal Impacts tile proposed development will have on the panther and whether mitigation will be required. If no Corps wetlands are determined to occur on the site, and no Corps permit is required, technical assistance will need to be requested from FWS regarding mitigation for potential panther impacts. Big Cypress Fox Squirrel - The Big Cypress fox squirrel (Sciurus niger avicennia) (BCFS) is listed as a Threatened species by the FWC, is not listed by FWS and is classified as a wetland dependent species by the SFWMD. BCFS typically reside in pine ftatwoods and mixed pine and cypress forests and prefer mature forests that are open and "park-like" (e.g., have a scattered sub-canopy and a ground cover not dominated by woody species or vines). BCFS can also be found in melaleuca infested forests provided some desirable habitat and forage areas also containing hardwoods such as oaks and cabbage palms remain in the general area. No BCFS were observed on the subject property during the listed species survey. Areas of pine flatwoods and pine f1atwoods-graminoid understory(FLUCCS 411, and 416) are present on the project site. The majority of the pine f1atwoods habitats are overgrown with sub-canopy and weedy groundcover species, making the habitats less desirable for use by BCFS. One (1) active squirrel nest was observed on the property and a common gray squirrel was observed within this nest on several occasions. No Big Cypress fox squirrels were observed on the site. However, considering the BCFS has been documented occurring on adjacent properties, there is a possibility that BCFS may utilize andlor forage within the habitats onsite. Collier County may require the preparation of a BCFS management plan prior to development of the property. The plan typically includes a pre-clearing survey for fox squirrel young in nests, distribution of BCFS educational material to contractors (i.e. informational pamphlet distribution), and protection measures to be followed during construction activities. Florida Black Bear - The Florida black bear is listed as Threatened by the FWC and is not listed by the FWS. The black bear is a transient animal that is highly opportunistic, and is not an uncommon occurrence in residential neighborhoods in search of food. Current FWC data indicates that the nearest documented Florida black bear location to the project site were individuals more than two (2) miles south of the site in the Golden Gate Estates. Black bear have also been documented occurring four miles to the east and northeast of the site. Although there is a possibility of a black bear to walk across or visit the project site, no individuals or signs of this species were observed during the listed species survey. Eastern Indigo Snake - The Eastern indigo snake (Drymarchon corais coupen) has the potential to occur on the project site and is listed as Threatened by FWS and FWC. No individuals or signs of this species were observed on the site during the listed species survey. Bald Eagle - There is a potential for the bald eagle (Haliaeetus leucocephalus) to forage on or otherwise utilize the property. The bald eagle has been taken off the endangered species list but is still protected by the Golden and Bald Eagle Protection Act. The FWC data indicates the presence of an active bald eagle nest within 1 mile of the site. The FWS and FWC protection zones established around active bald eagle nest trees are a 330' and 660' foot radius around the tree. The bald eagle nest tree documented by FWC is located near the southwest property corner of Calusa Pines Golf Club and is approximately 600 feet from the subject property. 1/912009.207904 . Ver; 1 . TTreUl$ 00625-000-001 - EPER - 326' I Agenda Item No. 17C October 13, 2909 Peace Lut~P.:tW?d~tah92 Listed Species Survey Report Table 4 - Listed wildlife species that could potentially occur but were not observed SCIE~TIFIC COMMON FWC FWS' Habitat Observed Potential During For COMMENTS N~ME NAME Status Status (FLUCCS) Survey Occurrence Felis concolor Florida panther E E All No Low- Potential visitor COry; Moderate Ursus Florida black Low- americanus T NL All No Potential visitor floridanus bear Moderate Haliaeetus Bald eagle NL NL 411,416 No Low Potential visitor leucoC80halus Drymarchon Eastern indigo 321,411, low- Potential T T No resident or corais coupieri snake 416 Moderate visitor Sciurus niger Big Cypress T NL 411. 416, No Low- Potential visitor avicennia Fox sQuirrel 424 Moderate FWC FWS E T SSC NL Habitat = Florida Fish and Wildlife Conservation Commission = United States Fish and Wildlife Service = Endangered = Threatened = Species of Special Concern = Not Listed = Major FLUCCS categories in which indicated species were observed or are most likely to occur. 3.6. Non-listed Species Documented Onsite (General Wildlife Observations) Table 5 gives a list of non-listed wildlife species and their FLUCCS occurrence as documented on the site during the listed species survey. Table 5 - List of non-listed wildlife species observed COMMON NAME SCIENTIFIC NAME I FLUcCS Occurrence BIRDS Common niahthawk Chordei/es minor 411 Black vulture CoraavDs atratus 411 Blue iav Cvanocitta cristata 411, 1853 Pileated woodpecker DrvocOOus pileatus 411,1853 Grav catbird Dumetefla carolinensis 321,411 416 Red-bellied woodoecker Melanero6s carolinus 411,1853 Downv woodoecker Picoides-iiilbescens 411 Moumina dove Zenaida macroura 411 416.1853 AMPHIBIANS & REPTILES Brown anole Anolis saarel 411,416 Cuban anole Anolis s. sagrei 41" 416, 1853 Eastem diamondback Crotalus adamanteus 411 rattlesnake Green treefroa Hvla cinerea 411 Cuban treefroQ OsteoDifus septentrionalis 416 MAMMALS Nine-banded armadillo* Dasvous novemcinctus 411, 416, 1853 Viroinia ooossum* Didelphis virainiana 411,416,1853 White-tailed deer Odocoileus virainianus 411 Raccoon" Procyon lotor 411,416.1853 . Signs of these species (i.e. - tracks, scat, burrows. rubs, etc.) were observed. l1D12009. 20790.\ . Vcr: 1 . rrmW. 06626.000-001 - EPER . 3261\ Agenda Item No. 17C October 13, 2~09 Peace Luth~~iftcli~r9h 92 Listed Species Survey Report 4. SUMMARY 4.1. Listed Plants The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying listed plants found on private lands of another or on public lands without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. No plants listed by the FWS were observed on the site. The following plants, listed by the FDA as Endangered, were observed on the project site: the stiff-leaved wild pine and twisted air plant. These species of listed air plants are relatively common in southwest Florida. 4.2. Listed Wildlife The FWC documented one (1) Texas cougar was documented_pccurring on or near the site and the property occurs within the Secondary Protection-Zone, as mapped by the FWS. The site has not functioned during recent decades as any portion of any known home range of breeding females, adult males or sub-adult males. Furthermore, the site has not been documented contributing to the survival of any collared female, adult or sub- adult dispersing male panthers. The site offers limited landscape linkage to panther dispersal routes and the property is not adjacent to habitats that are currently occupied by panther. The FWS describes the Secondary Zone as natural and potentially restorable disturbed lands adjacent to the Primary Zone that are not known to support panthers on a regular basis. The site does not provide habitat important for transient sub-adult male panthers. The Florida black bear has not been documented occurring on or otherwise utilizing the site however black bear have been documented by the FWC occurring in nearby Golden Gate Estates properties to the south and east. Black bears have been documented by the FWC occurring approximately 3 miles to the south and approximately 4 miles to the east of the property. There is a potential for black bear to walk across or otherwise visit the site in the future. Therefore, the FWC and Collier County Environmental Services Department may require the preparation of a Florida black bear management plan during the permitting process. The Big Cypress fox squirrel was not documented inhabiting or utilizing the site but there is potential for the Big Cypress fox squirrel to utilize the property in the future. Therefore, the FWC, South Florida Water Management District and Collier County Environmental Services may require the preparation of a Big Cypress fox squirrel management plan during the permitting process. The Eastern indigo snake has the potential to utilize the property but has not been documented onsile. The FWC, FWS, U.S. Army Corps of Engineers, and Collier County Environmental Services Department may require the preparation of an Eastern indigo snake management plan during the permitting process and prior to development of the site. The bald eagle has the potential to occur on the property, as an active bald eagle nest is documented by FWC occurring within approximately 600 feet of the site. The Peace Lutheran Church property is almost located completely out of the 330' and 660' protection zones established for bald eagle nest trees. No bald eagle individual or nests were observed on the property during the listed species survey. No bald eagle management plan should be required by FWS, FWC and/or Collier County. The Florida panther, Eastern indigo snake, Big Cypress fox squirrel, bald eagle, and Florida black bear have the potential to utilize the project site. However, none of the 1/'9/2009 ~ 207904 - Ver: 1 - TTrl'!lIIs 06826.000.00, . EPER - 3~11 Agenda Item No. 17C October 13, 2009 Page 55 oP92 Peace Lutheran Church Listed Species Survey Report above-listed wildlife species, or signs of their presence. were observed occurring on the project site during the listed species survey. This region of the county is rapidly developing and represents fragmented wildlife habitat. This plays a significant role in deterring wildlife species, listed or otherwise, from utilizing the site. With the proper approved state, federal and local agency wildlife management plans in place, no adverse impacts to listed wildlife species are anticipated to occur as a result of the future development of the property. 5. REFERENCES The Audubon Society, Field Guide to North American Mammals, 1989. Behler, John L. and F. Wayne King. 1980. The Audubon Societv Field Guide to North American Reptiles & Amphibians. Chanticleer Press, Knopf, New York. 8th printing, 1989. Bull, John, and John Farrand, Jr. The Audubon Society Field Guide to North American Birds. Eastern Reaion.1977. Chanticleer Press, Knopf, New York. 22nd printing, 1993. -. Dressler, Robert lo, David W. Hall, Kent D. Perkins, and Norris H. Williams. Identification Manual for Wetland Plant Soecies of Florida. Florida Department of Transportation. January 1999 Florida Land Use. Cover and Forms Classification Svstem. Third Edition. Florida Fish and Wildlife Conservation Commission. 2007. Florida's Endanaered Species. Threatened Soecies and Species of Special Concern. Qfficiallists. Florida Game and Fresh Water Fish Commission. 1988. Wildlife Methodoloav Guidelines. Humphrey, S.R. 1992. Rare and Endanaered Biota of Florida. Volume I Mammals. University Press of Florida, Gainesville, FL. Moler, P.E. 1992. Rare and Endangered Biota of Florida, Amphibians and Reptiles. Volume III. University Press of Florida, Tallahassee, FL. National Geographic Society. Field Guide to the Birds of North America. National Geographic Society, Washington, D.C. Second Edition, 1994. University Presses of Florida. 1991. Rare and Endanaered Biota of Florida. Volume 5 (Plants). Whitaker, Jr., John O. 1980. The Audubon Society Field Guide to North American Mammals. Chanticleer Press, Knopf, New York. Bth printing, 19B9. . Wunderlin, Richard P. Guide to The Vascular Plants of Central Florida. 1982. Board of Regents of the State of Florida. 1986. 1/912009.207904. Ver: t ~ TTreUls 06626-000.00' . EPER - 32611 Agenda Item No. 17C October 13, 2009 Peace LutheFcfrfCh~?cl't 92 Listed Species Survey Report EXHIBITS 1'9/.2009 . 207904 - Vec 1 . TTrct\i& 0662..oo0-OC1 - EPER - 32&11 Agenda Item No. 17C October 13, 2009 57 of 92 Agenda Item No. 17C October 13, 2009 58 of 92 Agenda Item No. 17C 3, 2009 9 of 92 Agenda Item No. 17C October 13, 2009 60 of 92 Agenda Item No. 17C October 13, 2009 Page 61 of 92 PEACE LUTHERAN CHURCH CONDITIONAL USE TRAFFIC IMPACT STATEMENT Prepared For: CU-2009-AR-14231 REV: 2 PEACE LUTHERAN CHURCH ; PROJECT: 2008110002 ~ Date: 5/21/09 DUE: 6/19/09 Peace Lutheran Church 5659 Strand Court Suite 103 Naples, FL 34110 Prepared By: WilsanMiller .. New Directions In Planning, Design & EngiMering Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, FL 34105 February 13, 2009 Amended May 12, 2008 Agenda Item No. 17C October 13, 2009 Page 62 of 92 Table of Contents · Project location & Description ....................................................................1 . G .' 1 · Trl P eneratlon ..... I' .... ... "'1" ....... ... .............. ............ .............. ..... ...... .... ......... ....... ....... · Site Access & Project Trip Distribution ...............................;......................4 · Area of Influence......... ............................................ .................................. .......8 · Arterial/Collector Level of Service Analysis ...............................................8 · Intersection level of Service Analysis ..........................:-:-..:.........................10 · Conclusions & Recommendations ..............................................................10 · Appendix A - ITE Trip Generation Reports .................................................11 · Appendix B - TIS Initial Meeting Checklist.................................................. 20 · Appendix C - FSUTMS Plot of Project Traffic .............................................25 Agenda Item No. 17C October 13, 2009 Page 63 of 92 'Peace Lutheran Church Conditional Use Traffic Impact Statement Project Location & Description Site Location . The subject property,i!it~r~qtangular{~~4*lf5acre'parceIQnttlJ:f,~Qutti.Side of} lm.mOkaJeeRoadeaslot8,qlJi$t130ulev~r~imh~pr()j~~'~re.ntrsnee intersectslmmq~aJeeRpCld ~PPr9~imstely'1,075feefwestofHeritageBayB6ulevard: A site location map is shown in' Figure 1. p r~j,!c:t ,PC!~c:;r~p~i9fl,,-:. T.. he ;~it&')'~'pt()P()~e.9.Jp99.,'.,ij~~jrj'ffl9.,prim~!'Y.~g~~!4t~~?9~.~e.::Y ap'pf6ximate1y..15,500square-feetiii'.siie~Obc',)nl~ih,c:liurchsahctU'ary"'and6nemi.llti~usebuildiiig' ~ppr9~im~t~!ya1':~50sqUarEff~~ri!i~size}thatcOl.Jld house'bhUrch.'related'offlce Uses and 'othe'r p.~n'IJirted .Us~~jl1ql\,ldih9recreatI6n.activities~'$Ch061IristrQctionariddaYcare. These sizes are maximums, to be finalized at the site development plan stage. It should be noted that for trip generation purposes, 4,700 square feet of the multi-use building is directly related to church functions and is therefore aggregated with the sanctuary building in the trip generation table for a total of 20,200 square feet of church land use, leaving 27,150 square feet to be calculated for other potential land uses. Trip Generation The ITE Trip Generation Report, 8th Ed. was used to estimate the number trips generated in both the weekday peak periods and on Sunday (see Table 1). Trip generation for the church structure on a weekday is minimal. For the multi-use building, of the permitted uses, daycare would generate the most traffic. On a weekday in the PM peak period, estimated peak hour traffic is 165 entering, 185 exiting. The numbers are similar, but reversed, in the AM peak hour. On Sunday, the peak hour trip generation for the church, based on number of seats, is 186 entering, 180 exiting. (/512009 -'2:09J68... Vcr: I. OJONES 06826.000..001 -171$. 32.S715O 1 Agenda Item No. 17C October 13, 2009 Page 64 of 92 N c o :;:: co to) o ..oJ Q) ... en I o ~ '" ~ i ..- Q) L. :::s C) u:: ~ cu E E ::s (/) -c .!o .a::=; cu e ....CD c CD (,:) a. 'i.: .... ell "3 E .E ::!! a. i6' .l!l E! :iE < lD lD N ,.. '<t ,... ,.. ,.. ~ ,.. ,.. N o to <'l o ,.. ,.. 0) N o N U. IJJ :x: o lD to .c: e ::l .c: t) I/) .l!l !!! :iE a. a; "3 E .e :: < o 0) ,... CO ,... l"'- ,.. 0) <'l ,.. o ,... ,.. 0) o <'l o (t) (") (") o N (") to ..... ,..; N u. (j) :x: '<t <'l to 00 ~ "6 o .c: () IJJ Ql ~ 0: ro "3 E .e :! a. i6' .l!l l!! :iE < 0) (t) (") N N (g ,... ,.. l"'- N ... N (g <'l (g o 0) 0) o 00 00 N N u.. (j) :x: lO 0) '<l' 'c ::l E E o t) c ,2 m l!! (.) Ql n:: ~ lO lO ,.. ,.. ,..; ,..; N N '- .l!l c: 111 t) fIl .l!l E! :! a. i6' ~ ~ 0) 0) "- I"'- ,.. ..... en en t.O lO ,.. ..... co to tv) tv) tv) M (g Cl) t.O lO ..... ..... lD I"'- ,.. N ~ N to ,.. N o Cl) cD Cl) 00 ll'i to I"'- ll'i o lO cD (g N 0) I"'- U. IJJ :x: to (g to f!: ell () Cll o Cl) I"'- ,.. N (") (") N t.O N X t'll :2: to 00 ... to (g ,.. o LO (") o (g ,.. tv) 00 ... (") '<l' (") (0 tv) M N to (t) ,..; '<t >0- m 'tl .>0: Q) Q) 3: s o I- !II .l!l ro a:: o 0 o 0 o 0 0) '<l' I"'- M ,.. ,.. I"'- '<l' 00 C") ,.. ... to I"'- to (g <'l N o 0 o 0 o C") o ... ... M o o N o c:i Cl) N I/) m Q) IJJ o to LO >0- ell 'tl C ::l U) c: o .c: ~ j .c t) c ,2 10 ::l W u. rn :x: o to t.O ~ cu "- ES E e ::s CD (/)c c CD 0(,:) ::=;CD e.c CD.... C- CD 0 ~3 a.0 'i.: ::x:: ......ll: -cu CU CD 'CQ. CD>. ~~ -c a.::s Q.CI) ::s (/) -ci Q) .c co c::: .S! ~ <b c::: <b t!l ,g. f.; UJ !:: Qi l:! " o (f) C"'l ~ % h ~~ >~ i~ n U Agenda Item No. 17C October 13, 2009 Page 66 of 92 Site Access & Project Trip Distribution Figure 2 indicates the projected distribution of project traffic, based on a FSUTMS select zone analysis that attracted roughly 2,300 daily trips to the project location (see Appendix C). Figure 3 shows these percentages applied to the PM peak hour project traffic entering and exiting total volumes from Table 1. There is no median opening at the project entrance. There is an eastbound right turn lane that serves the project .~ntrance, and extends westward past Ridge Road, serving it also. All entering traffic approaching from the east will have to make a U-turn at Ridge Road All traffic exiting to the west will have to make a U-turn at Heritage Bay Boulevard The volumes shown in Figure 3 are consistent with this situation. Figures 4 and 5 reflect Sunday directional project traffic. Figure 2 Project Traffic Distributions (Percentages) Immokalee Rd. (C.R. 846) 'ti > iii c: III CD .3 Vanderbilt Beach Rd. ,.. It) '" 0:: ~ 'ti > iii .. ~ "0 u u ~ llf c: ...... ." e~ Q. c: W 'ti > iii I:; o ~ i f/SnOO9 -209"168 ~ Ver: J -OlONES 0(,826.ooD-OOI - ITIS. 325160 4 i' Project .g Entrance .. as Ii J ~ i! ~ 0 j <l = <.:l e j J- - 0 CD (")'0' RIdge Rd. CD - -Q. :::I _ tD:::I .- 0 t1.:c .ll:: ClJ CI) Q. :i COllier Blvd (CR 9511 Q. ill :il ::J ~ SdW81:1110 fUO aN SL-I trl Wilson Blvd. L()ganBlvd. ~ !2i ,,~ ~iQ ~il .:.1= U :s1 u !S cu ~ I- - u CIl '0- ~ 0- 0) ~.= ... CIl CIl ~- ::J c: ClW .- ~ LL.::J o J: oX CU CIl 0- >. CU "C c: ::J en sdwell JJO /110 aN 9L" 'P^IB .IDa G6DI~aH .. ~ \0 'P"Ia uoatM ;r.)U9J1U3 \lla!o'd 'ti >- 1ii ~ .., <; .. '0 '0 Cl 'PII ..6p!1I ~ (~96 II:)) 'P^18 JaUlo:) II 'P"/aU1l601 13 " 0$ ~:;:; ~~ >!<! =~ g;e .,<; H (:,I ...~ Sg t) IE e l- .... t) CI) '0' - Q.. 0) I() .5 U);!:: - >< :Jw .2>_ LL. :J o J: ..lll: ftS CI) Q.. >- CI'S "'0 c: :J CJ) sdwe!l 110/"0 aN Sli 'p~la ka a8ell'&H t- 'P^lS uo81IM a~ue.QlI3 pafo'd l 14 \) i '0 \) 'P!I a6P111 hSB !I:11 'P^IS .01110:1 lil ; 'p^laueBo, :a z ~~ -:;.: ii ' ':~ 16. ~~ ~~ ~~ Agenda Item No. 17C Octob~r 13, 2009 Page 70 of 92 Area of Influence The area of influence was defined to be those road segments on which project traffic exceeded a threshold percentage of the peak hour service volume for the road - the threshold determined by whether the road segment is designated as an A, B, or C link. Table 2 shows the road segments analyzed, their designation, threshold percentage, peak hour project traffic, service volume, and whether the segment will be "significantly" impacted. The table indicates there are three significantly impacted road segments: - . Immokalee Road from the Project Entrance to Collier Boulevard;' and · Collier Boulevard from Immokalee Road to Vanderbilt Beach Road. Table 2 Impacts on Road Segments 2008 AUIR 10 Link Per- ' Peak cent Peak Hour of Hour Ser- Proj- Proj- vice eet ect Vol- Traf- Traffic ume (1) fie (2) (3) am....... __am. .... - 111II. _ 11IIft. - 111II. ... 111II. ~ IBI_ Proj- ect Traf~ fic as PN- eent- age of Serv- ice Vol Link Des- Igna- fian Sig-i Sig- nif-: nit- iean! :1 ieanee Im-:j Thres- p.a. cf j hold ?! From To llmD !II - Immokalee Road Pro ect Entrance Wilson Boulevard Immokalee Road Pro'ect Entrance CR 951 Logan Boulevard Vanderbilt Beach Rd. Vanderbilt Beach Rd. Golden Gate Boulevard Collier Boulevard y 63 1.74 2 65 2.80 3 65 2.65 2 y 31 1.27 3 28 0.78 3 43.2 43.1 30.1 30.2 112 Notes: Immokalee Road Immokalee Road Collier Boulevard Collier Boulevard Vanderbilt Beach Road 1} 2008 AUIR 2} Figure 2 3} Figure 3 Arterial/Collector Level of Service Analysis Table 3 shows the existing ratios of peak hour volumes to minimum standard service volumes on the significantly impacted road segments. None are deficient. Annual average historical growth rates in published peak hour volumes vary from positive 3.3 percent to negative nine percent. County staff requested that four percent be used as the assumed annual average growth in peak hour volumes to the analysis year (2014). Project traffic volumes are from Figure 3. Estimated 2014 peak hour volumes are less than minimum standard service volumes with or without project traffic. Ifsn009 .109163 4 Vcr: J . GJONES 0(,826..000.001 . TIlS - 325760 8 0 0 0'\ to (0 ci ci "" CO '<t to ci d Cii (0 N C 0 ~ :.:::l en Q) Q) .... .... e >. CI (') to ..2 J!t (') 0 .... (0 -g C ~ CD e (') "" e CJ j:::: .... <0 '<t CD .... '1:1 en ~ 'tJ Cl & 0 0 .!l!. -.i -.i Q) '@ 'tJ j oS 0 (') u N c-ri e CO Cl Q. Q) CI .5 ,.... (0 ~ C C') '<t ~ ~ d d ;l Q) C 0. CO .... 0 Q) Cl U 0 N l! ;;: 'o:t ...... ~ .c .... .... '" M.5P ... c CD en 0 0 ~ "" to :0 c N ell Oi .... 0. CO 0 ... I- :0 CD 0 0 ..2 U ell to <0 ~ "" ~ (') Iii CD ~ en 0 Cl <I) - (0 to .ij; 0 '" iU Q) .... c: "ll' d '" > "ll' .2 ~ (') -0 -d .!!l e '" a:: <= :s 'E .c .5 - co (J Q) :s > m E LL. Q) ::J ~ I:t.l '0 "0 - > C aJ :e iU CO c: Q) c: 0 '0 g C) !!J. c: C ~ CO 0 ~ ::= > a II) 'x 'E '0 a:: ... ctI 5 ::J W ctI 0 0 > a:: <t: :r: Q) a:: 00 .><: ::; Q) 5 0 111 0 Q) 0 Q) (') I:t.l 'ai <t: C'II 0. e ... .><: (') := 00 ::J ~ 0 0 ll! 0 CI E ~ 0 '0 0 C'II u: u .5 ~NM~ '0 'E u; <Ii (tl '0 0 ctI a:: > z Q) Ql ::; (Jl 0 m 'ai aJ '" .><: ... ~~ 0 ~ E ::r.l E '0 " . C,) >~ ~~ :1 ".., :S8 Agenda Item No. 17C October 13, 2009 Page 72 of 92 Intersection Level of Service Analysis Table 4 shows project traffic turning movements in the PM peak hour at major intersections on the significantly impacted segments, at the project entrance, and at the two intersections bracketing the project entrance where entering and exiting project traffic will make U-turns (shaded cells in the table) in order to access the site. County staff agreed (see Appendix B) to defer analysis of these intersections to the site development plan approval stage. Table 4 Project Traffic PM Peak Hour Turning Movements Immokalee Rd. at Collier Blvd. Immokalee Rd. at Rid e Rd. Immokalee Rd. at Project Entrance Immokalee Rd. at Heritage Bay Blvd. Collier Blvd. at Vanderbilt Beach Rd. Conclusions & Recommendations All significantly impacted road segments are projected to experience acceptable level of service in 2014 with the addition of project traffic. Operational impacts by project traffic to affected intersections will be analyzed prior to site development plan approval. V.sJ2009. 209168 - VCI: I -GJONU 06S2HOO-OO1 -TIIS . ;25760 10 Agenda Item No. 17C October 13, 2009 Page 73 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 20.2 Th.Sq.Ft. GFA of Church Average Standard Rate Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 9.11 7.20 1.00 184 7-9 AM Peak Hour Enter 0.35 0.00 1. 00 7 7-9 AM Peak Hour Exit 0.21 0.00 1. 00 4 7-9 AM Peak Hour Total 0.56 1. 45 1. 00 11 4-6 PM Peak Hour Enter 0.26 0.00 1. 00 5 4-6 PM Peak Hour Exit 0.29 0.00 1. 00 6 4-6 PM Peak Hour Total 0.55 0.B7 1. 00 11 Saturday 2-Way Volume 10.37 16.74 1. 00 209 Saturday Peak Hour Enter 2.51 0.00 1. 00 51 Saturday Peak Hour Exit 1.03 0.00 1.00 21 Saturday Peak Hour Total 3.54 6.87 1.00 72 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 200B. TRIP GENERATION BY MICROTRANS 1/B/2009-2119213-Vor: l-GJONES 0682~Oo.OO1 - TTIS - 32516 11 Agenda Item No. 17C October 13, 2009 Page 74 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 20.2 Th.Sq.Ft. GFA of Church Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 0.00 0.00 1.00 0 7-9 AM Peak Hour Enter 0.00 0.00 1.00 0 7-9 AM Peak Hour Exit 0.00 0.00 1.00 0 7-9 AM Peak Hour Total 0.00 0.00 1. 00 0 4-6 PM Peak Hour Enter 0.29 0.00 1. 00 6 4-6 PM Peak Hour Exit 0.31 0.00 1.00 6 4-6 PM Peak Hour Total 0.60 0.00 1. 00 12 Saturday 2-Way Volume 0.00 0.00 1. 00 0 Saturday Peak H'our Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1. 00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 0, R^2 0 7-9 AM Peak Hr. Total: 0 R^2 0 0 Enter, 0 Exit 4-6 PM Peak Hr. Total: T == .34 (X) + 5.24 R^2 0.55 0.48 Enter, 0.52 Exit AM Gen Pk Hr. Total: 0 R^2 0 , 0 Enter, 0 Exit PM Gen Pk Hr. Total: LN(T) . 42LN (X) + 2 R^2 == 0.63 , 0.54 Enter, 0.46 Exit Sat. 2-Way Volume: 0, R^2 0 Sat. Pk Hr. Total: 0 R^2 '" 0 , 0 Enter, 0 Exit Sun. 2-Way Volume: LN(T) . 59LN (X) + 4.77, R^2 0.51 Sun. Pk Hr. Total: T == 9.59 (X) + 73.65 R^2 == 0.71 , 0.5 Enter, 0.5 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 11612009.209213 - Vor; 1 -GJONES 06821H10~OQI - TTIS - 32576 12 Inset 1MOO9. 209213. Vor.1 . GJONES 089l!s.oOO.oOI . TTIS - 32578 Agenda Item No. 17C October 13, 2009 Page 75 of 92 Appendix A - ITE Trip Generation Report Church ( 560) Average Vehicle Trip Ends VB: Seats On a: Sunday, Peak Hour of Generator Number of Studies: 12 Average Number of Seats: 950 Directional Distribution: 51 % entering, 49% exiting Trip Generation per Seat Average Rate 0.61 Range of Rates 0.21 - 1.14 Standard DevIation 0.81 Data Plot and Equation \.900 1,800 1.700 1,800 1,500 1.400 ~ 1.300 0. 1.200 i= 1.100 <II :i 1,000 ~ 000 CD If BOO !e 700 <( II !- 600 SOD 400 300 200 100 0 0 X AcWld DIIIa Poln. , .' '. .,. '.' x ~~~ -- ., . - ,-- " ",.:''' , .. ,,'.,.i< " ".,,,.... ,,"';....~ ;,,,~. ,0 ...~~ ," ,'11.' .. "",;-,,, " , . ,;",-" .. " ",;" x " .x "x;"'" K .. . ,,:,~'-' . '. " X __~,." X. . ~ . xX 1000 X .. Number of Seats 2000 3000 _U___ AWII'lIIDIIRate F'dted Curve Equation: Not given R2=- Trip Generation, 8th Edlllan 1057 InstItUte ofTransportatlan En~l~eers 13 Agenda Item No. 17C October 13, 2009 Page 76 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 27.15 Th.Sq.Ft. GFA of Private School (K-8) Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2-Way Volume 0.00 ' 0.00 1. 00 0 7-9 AM Peak Hour Enter 6.27 0.00 1. 00 170 7-9 AM Peak Hour Exit 5.13 0.00 1.00 139 7-9 AM Peak Hour Total 11.40 0.00 1. 00 309 4-6 PM Peak Hour Enter 0.00 0.00 1. 00 0 4-6 PM Peak Hour Exit 0.00 0.00 1.00 0 4-6 PM Peak Hour Total 0.00 0.00 1. 00 0 Saturday 2-Way Volume - 0.00 0.00 1. 00 0 Saturday Peak Hour Enter 0.00 0.00 1. 00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 0, R^2 = 0 7-9 AM Peak Hr. Total: T = 9.23(X) + 58.83 R^2 0.91 0.55 Enter, 0.45 Exit 4-6 PM Peak Hr. Total: 0 R^2 0 , 0 Enter, 0 Exit AM Gen Pk Hr. Total: T = 9.23(X) + 58.83 R^2 0.91 0.55 Enter, 0.45 Exit PM Gen Pk Hr. Total: 0 R^2 0 0 Enter, 0 Exit Sat. 2-Way Volume: 0, R^2 0 Sat. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Sun. 2-Way Volume: 0, R^2 0 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 11612009.209213 . V.r: 1 . GJONES 0662lXlOo.OOI . TTlS. 32576 14 Agenda Item No. 17C October 13, 2009 Page 77 of 92 Appendix A - ITE Trip Generation Report Private School' "K-8) {534} Average Vehicle Trip Ends va: 1000 Sq. Feet Gross Floor Areal On a: Weekday, P.M. Peak Hour of Generator " Number of Studies: 3 Average 1000 Sq. Feet GFA: 28 "Directional Distribution: 49% entering, 51% exiting Trip Generation per 1000 Sq. Feet Gross F.loor Area ' Average Rate Range of Rates 6.53 4.17 - 9.00 Standard Deviation 2.74 Data Plot and Equation ' C.luIion . U.. Carefully - SmIIJI .",,. Size soo >< , , -- , , , " 4Q() ,'. ,'. ,. , " -- , , , , , , -8 , , , Lfi ~' . ,- Q. ~ , j: 300 , , .. ~ ,- ~ , , , , .c: , ~ , , , , aI , , ~ , , , CD 200 . . '. " '0' le , , , n , ,- .... , , " ,~~' , /' ; 100 ' . ..' '.. " , ,- , , , , , ""~"". x x ' , ,- D I 0 10 ro 30 40 50 50 70 X .. 10()0 Sq. Feet Gross Floor Area x ActuII Data PoInts --......-.. AWftIlIII Role Fitted Curve Equation: Not given ~='~ Trip GeneraJion, 61h Edition 990 lnstIMe of Transpo~englneers 11612009. 209213 ' Vor. 1 - GJONES 0lI62~Oo.oo' . rns. 32676 15 Agenda Item No. 17C October 13, 2009 Page 78 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 27.15 Th.Sq.Ft. GFA of Recreation Community Center Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 22.88 0.00 1. 00 621 7-9 AM Peak Hour Enter 0.99 0.00 1. 00 27 7-9 AM Peak Hour Exit 0.63 0.00 1. 00 17 7-9 AM Peak Hour Total 1. 62 1. 45 1. 00 44 4-6 PM Peak Hour Enter 0.54 0.00 1. 00 15 4-6 PM Peak Hour Exit 0.91 0.00 1. 00 25 4-6 PM Peak Hour Total 1. 45 1.28 1. 00 39 Saturday 2-Way Volume 9.10 0.00 1. 00 247 Saturday Peak Hour Enter 0.58 0.00 1. 00 16 Saturday Peak Hour Exit 0.49 0.00 1. 00 13 Saturday Peak Hour Total 1. 07 1.14 1. 00 29 . Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edi bon, 2008. TRIP GENERATION BY MICROTRANS 11812009.209213. Vor: 1 . GJONES Cl6826-000-001 - TTIS - 32576 16 Agenda Item No. 17C October 13. 2009 Page 79 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 27.15 Th.Sq.Ft. GFA of Recreation Community Center Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 0.00 0.00 1. 00 0 7-9 AM Peak Hour Enter 0.00 0.00 1.00 0 7-9 AM Peak Hour Exit 0.00 0.00 1.00 0 7-9 AM Peak Hour Total 0.00 0.00 1.00 0 4-6 PM Peak Hour Enter 0.84 0.00 1.00 23 4-6 PM Peak Hour Exit 1. 44 0.00 1. 00 39 4-6 PM Peak Hour Total 2.28 0.00 1. QO 62 Saturday 2-Way Volume 0.00 0.00 1. 00 0 Saturday Peak Hour Enter 0.00 0.00 1.00 0 Saturday Peak Hour Exit 0.00 0.00 1.00 0 Saturday Peak Hour Total 0.00 0.00 1.00 0 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-Way Volume: 0, R"2 0 7-9 AM Peak Hr. Total: 0 R"2 = 0 , 0 Enter, 0 Exit 4-6 PM Peak Hr. Total: LN(T) '" .58LN(X) + 2.21 R"2 0.9 0.37 Enter, 0.63 Exit AM Gen Pk Hr. Total: 0 R"2 0 0 Enter, 0 Exit PM Gen Pk Hr. Total: 0 R"2 "" 0 , 0 Enter, 0 Exit Sat. 2-Way Volume: 0, R^2 0 Sat. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Sun. 2-Way Volume: a, R^2 == 0 Sun. Pk Hr. Total: 0 R"2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 11812OD9-209213- v." l-GJONES 0682&-000.001 - TTlS- 32578 17 Agenda Item No. 17C October 13, 2009 Page 80 of 92 Appendix A - ITE Trip Generation Report Summary of Trip Generation Calculation For 27.15 Th.Sq.Ft. GFA of Day Care Center Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2-Way Volume 79.26' 21.03 1. 00 2152 7-9 AM Peak Hour En te r 6.50 0.00 1. 00 176 7-9 AM Peak Hour Exit 5.76 0.00 1. 00 156 7-9 AM Peak Hour Total 12.26 6.39 1. 00 333 4-6 PM Peak Hour Enter 5.86 0.00 1.00 159 4-6 PM Peak Hour Exit 6.60 0.00 1. 00 179 4-6 PM Peak Hour Total 12.46 6.90 1. 00 338 Saturday 2-Way Volume 6.21 5.44 1 .-B 0- 169 Saturday Peak Hour Enter 1. 07 0.00 1.00 29 Saturday Peak Hour Exit 0.63 0.00 1.00 17 Saturday Peak Hour Total 1. 70 1. 78 1.00 46 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY I-nCROTRAN S 1/612009.209213. v." 1 . GJONES 06!l2s-oco-OOl . rns. 32575 18 Appendix A - ITE Trip Generation Report summary of Trip Generation Calculation For 600 Seats of Church May 12, 2009 Agenda Item No. 17C October 13, 2009 Page 81 of 92 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. weekday 2-Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total ~~6 PM Peak Hour Enter 4-6 PM Peak Hour Exit 4-6 PM Peak Hour Total AM Pk Hr, Generator, .Enter AM Pk Hr, Generator, Exit AM Pk Hr, Generator, Total PM Pk Hr, Generator~ Enter PM Pk Hr, Generator, Exit PM Pk. Hr, Generator, Total Saturday 2-Way Volume Saturday Peak Hour Enter Saturday Peak Hour Exit Saturday Peak Hour Total Sunday 2-Way Volume Sunday Peak Hour Enter Sunday Peak Hour Exit Sunday Peak Hour Total 0.61 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.90 0.26 0.34 0.60 1. 85 0.31 0.30 0.61 0.82 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.79 1.46 0.00 0.00 0.81 1.00 1.00 1.00 1.00 1. 00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1. 00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1. 00 366 o o o o o o o o o o o o 540 156 204 360 1110 186 180 366 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 8th Edition, 2008. TRIP GENERATION BY MICROTRANS 111l1200&-Z08ZI3 -Vor: l-GJONES ll6B2~OO.001 - "/TIS - 32578 19 TIS Appendix B Agenda Item No. 17C October 13, 2009 Page 82 of 92 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items tbat do not apply. Date: October 28. 2008 Time: 10.30 a.m. Location: Collier County Transportation Dept. PeoDle AttendiDI!': Name. Organization, and Telephone Numbers 1) Gavin Jones. WilsonMiller. 649-4040. 2) John P~tlezef'\.vi8slfV. Callier CeHftw. 232 8192. 3) Michael Greene. Collier County. 252-8192. 4)_ 5)_ Study PreDarer: Preparer's Name and Title: Gavin Jones. P.E.. AICP. Senior Transnortation Planner Organization: WilsonMiIler Address & Telephone Number: 3200 Bailev Lane. Suite 200. Naples FL 34105. 649- 4040 Reviewer(s): Reviewer's Name & Title: Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: _ Applicant: Applicant's Name: Peace Lutheran Church. Address: c/o Ste.phen L. O'Donnell. 2180 Rusty Fig Court. Naples FL 34120. Telephone Number: 239-919-6526 Proposed Development: Name: Peace Lutheran Church Conditional Use Location: 9824 Immokalee Rd. (south side). A driveway near the midDoint of the site's frontage is approximately 1060 feet west of the centerline of Heritaee Bav Blvd. (see attachment). 50 ......... Q;;" '::J ;f" Land Use Types (ITE Code #5): Church (560), Office (]101. Elementary School (520). Recreation Community Center (495). .'f/1.n:;r.~. 'X,1!.m 't.::-' I C{x{f:-O' ~~,i..c.1./X.01 . ms .:i'9G 20 TIS Appendix B Agenda Item No. 17C October 13, 2009 Page 83 of 92 Proposed number of development units: 48.200 square feet Zonine Existing: AlZricultural Comprehensive plan recommendation: Rural Fringe Mixed Use District Receivine ~nd Requested: Conditional Use Findings of the Preliminary Study: NI A Study Tvoe: 0 Small Scale TIS Minor TIS X '-*- Maior TIS 0 Study Area: ...( "i'~ " '"'f ~ G.~ t...."5.c..., I/~''\.'::~ Boundaries: --=r:&'" ~) C)..r~ Additional intersections to be analyzed: ~ IM.......~ ~\o :!:< lu....~\.....,...... os Horizon Year(s): ~ to \L\ Analysis Time Period(s): eMJ~.~~.HQYr Future Off-Site Developments: NI A :.:- W~\&. ~ ~'t.s.~ <.w~ ~ \ ~\. '\.~~ \:'" Of <.1"4...-\'\(.).0..:1.. 0.........\'1'.... Q ~'? Source of Trip Generation Rates: ITE Reductions in Trio Generation Rates: None: X Pass-by trips: _ Internal trips (PUD): _ Transmit use: _ Other: _ Horizon Year Roadwav Network Imorovements: N/A Metbodolo2V & AssumDtions: Non-site traffic estimates: N/A Site-trip generation: IrE Trip distribution method: manual: 75% to/from west: 25% to/from east Traffic assignment method: manual . Traffic growth rate: exponential. ~e percent per year. . ,,'J' """.. mOl>"'" ,,10.';$ l.! 'I "'"_ \,~ zt -.........""""" .;!r!;::'~.,1Or,'1 iTrS 72P:, -1 k. '^'o ~ <0 t S;:~w'~ 21 TIS Appendix B Agenda Item No. 17C October 13, 2009 Page 84 of 92 Special Features: (from preliminary study or prior experience) ccidents locations: _ . ght distance: _ euing: _ Ac S8 location & configuration: _ Tra c control: _ Signa system location & progression needs: _ On-sit arking needs: _ Data So Base map :_ Prior stud ports: _ Access poli and jurisdiction: _ Review proc s:_ Requirements: Miscellaneous: . Small Scale Study - No Fee _ Minor Study - $750.00 X Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each All fees will be agreed to during the Methodology meeting Ilnd must be pIlid to TrllnspoTltltion prior to our slgn..off on the appllcltJion. SIGNATURES Study Pre parer ut------ Reviewers ------___ -X.---.O ~ Applicant I ;:.t::g.;~. ;';1:~':1; . V~" 1 !:,.:C.':i'; :-!.:g,~.~~{;)/. rrr; )-;p~. 22 TIS Appendix B ~ \I" ~ ~ " e VJ ~ ~ A --1 tn <:> (0 ..... 0 0 00 or .... N J J y tn oco N <:> 0 00 .... f 0 o~~ 0 0 00 ~ ... ir.I ~ ~ ...... ~ tt) MOl ~ 0)'" J N .... co .....C') &:I ~~ ...... i ~ C').... 0)'" ... .... Cll)~~ ! ~ ~~ 0,.. ~ .... co ... tn "'N .... ~g N (. ~ .. ..... 0' 0- ... NC') ..... N OU> C') <:!"""; 0 0 00 d 0.... ~ Q; 'Ilt OCO CO) <:!"": 0 0 0 0 d 00 ~,~ f2 ~ co ~ diN d co d \ti j Ol ~8! co co ~ C') ~ co 0 NO d \ti ... ~~ ... 0) ~~ tn tnlt) N 2~ It) In u) -.ieti cO \ti II'i ... ..... .- 'Ilt .... ..... LL LLLL s,s LLLL ~ ~~ CIS CIS (1)(1) lD lD ::.::::.:: W(I) ! ~~ f6 0 00 co COCO tn. II) lD II) In -g .c: t: ~ ; >. ~ ,., -8 :~ c .ft " -. , :::I ". t/) ~ ;~ ~ g ~ ~\~ ..::: ~ ;; ~ ~ t,y ~ ~:. ;~ ..::: 0 ~,:.; 0 "! '".l ;... ~. -. 1;'...., 23 1~ ;; 'b\ TIS Appendix B N c... o ~ l).. 0. ~ :E 5~ 11)" ~3:{:! ~~~ ~~~~ ~I:i ooZZ~ t:i!;; ~~~~ ~5a5 ..:ttQ~ i~J f~~~ z..; ~~~~ sll ii~go~ llj~Jrt~j~ I ; ~ I ~ . !!!. !:l. i I i ~.!: . 8: ! i.,j ~ J!S .: S- a f ... g llO U oS l ! = " CI Q U - .... '2 l:4 i :!l! i ; ~ } i ) Q, ~ I ; e j j .5 t 1 .. i~ 11 ~g go.l2 ~15 e_ a.!; .s~ .",- :s ij ....!! .!!!3 .i~ [,2 .t I '" ! ~ ~ .. :S .. ~ ~ Q. :t ~ .. ... ~ ~ " 8 t == 8 ~ << g 24 u ~ ... tl i ~I~ ii f: c ::l qo J:. Q.y Q. = <( ~ :; ::l .... .. u .. .. ... *~ H~]! ~ v 0' ~..... !i '1.~ oS Hd~ '- ~l!l~ ~:!:::. ~ 11111 i: c ~11;: 0 .!C ~ .. " ., -- .a ,,. 'CO ICO 50 4.' 4.' 1:1 OJ 1t~:!: VI c OJ ..". V ..:; n~ i\~~ ,,0 " lloo ~!i. " o o ,,0'< ::r;.. iQOIll' ~$'a ,.-- i:.l!:d ~~~ =iii~ ~I .. ~~ II w~ 1111 ~~ "'u :~= iC ",.~ ~N. H~ .... 0-" !~~ n~ ~='~ /iIl:l:! ;;~: .. .. O.f >" .'" ".1 ... 172 3),4 '50 '" n.1I ,.. '" .., .SI ,... ... >811 'M ... 385 ,.., '" >"' U:.i ". ". Ui.1 ;~~ ~~~ ~-.. ,,-. -$- ;<D~ ~~~ ~r.~ Ill:;: ,-<." ,,-- I~:;:l iii~ j,'i, ~Non ~~ ~$'4 !H!~ ,.. O! '" '.0 o. '" ,. " '" o. .. 1~:Vlf!1 \1, ,. 1.0 ,. > , ~~:J I.' " $i!i; · ". ., It ""- .....'" ~;g ~~~ IAA6046 10101 Ih 0 0 01 " 't) 00 t'O ~ II"" ~ "'0 gs~~ -: ~;g ("'l"P31::::S~ so 1f.f,1Cl~...., t 0.4 t'O ., g ii~~ ., ...t~J. _~71\ ~f\t""r 1~1~4' ';::~"! ~cl':"" N.PJ"IE2''2'''''' .2A:'OItIIl ~ D 4"c. ", ;'N":: '... ~ D 0 # 0 . l::llo 0 i1;$l;\olI; ." .~'. .~ .~ A~ 0 '" . e~$lI ~-;e-19 1~ 1;1. -' I ~- 1-1 ~;~t.l $:7' ~'; 0 (0 0 ~1; 0 ~4~1 ~ ~ ,g ~ 2 2 t ~ 0.. 'iD.' >-t= Q ~n ~Oli ih ~ ~ .. , 0.' ~1r:rs::~~~ ... ~I' 10 &~ 3.:1- \0 33 ~ ()". ~. oio.~ ~~\ 0" (loA .~I N... ." " . ." .1 . ~~~ ," " . ~o.. ::xzo l~ PREPARED BY AND RETURN TO: Kriss & Feuerstein LLP 360 Lexington Ave, Ste 1200 New York, NY 10017 4155253 OR: ~~~1~lU~ momo in OFFICIAL P.ECQR:S of cdtmw Mm~;fl 04/22/200B at 08::~A~ DWI~HT &. BROCK, CLERK CONS 1125000,00 RBC FER 27.00 DOC-.10 78i5.00 Retn: PAULICH SLACK &1 AL 5147 CASTBLLO OR NAPLBS PL 34103 Property Tax ill No. 00191720008 Grantee's Tax ID No. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this 16th day of April, 2008, by OPAL INVESTMENTS,INC., a Maryland Co;-poration,_whose address is c/o Executive Plaza 2, 11350 McCormick Road, Suite 200, Hupt'-Valt~R, ~)jlieyeipafter called "Gr~tor", to PEACE LUTHERAN CHURCH OF N~\itSj'tNe;;-~-F}orictft'i)okf~r-profit corporatiOn, whose address is 5659 Strand Court, Naples,}~,.~;J10, hereinafter caUed~:?r.iltf\~.~el1: (Whenever used herein, thcl~rms/GrantO(":urd-::.g_r:<!Dt.e.~"i1)cJude all ih~ pBrii~s to this instrument and the heirs. legal representatives and assignyof inflvidJaIS,'illl_9\ the ~.~~essors w\~ assigns Y cOrJl\orations.) I / ,~'---''''':--''''l .__1~~';'::::~ '. .\.-.-..-,-....... .~.'"-"....~.., ::.--:J\ \ , II' (-"'1 ..{..l/.n:Nrl~S~TJ;t. '\. i i \ " ! r J' \.'" \"~; t;"r,~ A. ~~", ,II \ t I 't' I! I \ I~lj / '\ .,,;, , . That Gr~tor, for ar{q"i-?i~n~_d.~;ati~:~oj-~~j~;;; of~14"poia,n~ !bther v~luable co~iderati.on, receIpt whereof IS hereby ay~o\wledged, by tnese prese~ts qroes/w~. . t, ?argal~, sell, allen, rern:se, release, convey and confirrif,u,nto Grantee all that cert1!ln Iqnd ..sltuate In Colher County, Flonda, more particularly described m-Exhibit riA" attached het~f-6 ab4.{n~ae' a part hereof (the "Property"). \,. ,,,,{~.. "',\. ....--; //, ~,I TO HAVE AND TO itQ~~e,_~,amc in fee_~in;tPl~~;;{~er. ....... .~ ~ ,'.. ""- - _.-~ ..,-,\ \ . " AND Grantor hereby coven~ts-~it~,ti;i;ii~~:fthat.6.;~ntor is lawfully seized ofthis land in fee simple, that Grantor has good right and Ta\Vfurauthority to sell and convey this land, and that Grantor hereby fully warrants the title to this land and will defend the same against the lawful claims of all persons claiming by and through Grantee, but none other. OR: 4 3~r~~e~ !m1~~ Page 89 of 92 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affIxed by its proper officers hereunto duly authorized, the day and year first above written. OP AL INVESTMENTS. INC. a Maryland ration By: a ~ ,,~ aJ:t /":"~~'t':' :f~~ _....(:~(::\.p.-.,.,.._ ;-/.... "\. '~\.._j .~, ::::.:....._:w..,_:.".,~....< .._l/.V->'~'" /:1' I."'\. 'l.. / ~ ,........ . '-........, t'-, ~'\.... ~ )./ ",..' .J"'\ /. C):;/. ....~, .."..~ , "- STATEOFMARYLAND . /) / t;.....-..........., " \ \ C.C{.I Y z., c,L-) st.: b...,,~.,.\ ..=:~.::._._.....J "\ \ \ COUNTY OF BAt TIMO'a'G " / .----.....} ",_,'":::'.~ \-....... ~""....-:::; (.......,\ \ r J i( ('\. (' (\ .\'\ "D ) \ \7/ \ 'j On the If A ~y?~ lpi1.'}\\2dQ8{OefU.Jeo~~i~cbJ ,1....9~ATHON I. ~ELDMAN. to me known to ~ mdiVl~ Who executed the foregQlng iOstrUt1i~t an~ who, bemg duly sworn by~, ?id depose and .say ~~,t~ ~ Preside~t OfO~lnv~6n~tSJlr~c., 3: Maryland Corporation, ,!hich 18 the co1l'?ra~on descn~..~n and which execui\4.J~~,tO.i OlOg Instrument. and,that he Signed the foregomg lnstmmert~[lil)d'~knowledged that l1er~xee the same as the President of Opal Investments. Inc. ,,~-) 1:;:'.>....... ....,.<"..\....\.<\0->.;;' . '-,~' 1" j::~~_.--.~:-n (. --:.-'/ -..., ill' ( \ '''- ........ ... ' ~''''''''''~'"",~..-.:.::.._.._.":::..-..:...::-,.",,,~''''' " . STACEY L. GERALD NOTARY PUBUC CARROU COUNTY, MD My Comm.I.IIiOll Bxplree lWOl109 :~ ...... 'f..~'n:'f,'.t ~'1. ~ 'f';'~: ../..... or:.: i:/, .,':~(. .'71' '. " t' , . - ~ :)' '''. .-. : {X \ :.. '.:'.~:~; . ::~j:;" '.: it ':f:': .f" .'~' I.. ! '. . t. ~r. "'f C \' ') "'\ t. .' ( J' . ~... i r~.! }ii .... .); '~'. '~l :,' ~' ,." ~ -f <" ~. ? ...' ,:.... ~ ~ N': ~ i .....ja .r '! \',' ~. ~.~: I", ~. '. l, 1 .:' ~. ~.,.. of ,t. \ -; ,,\:. "". l..:~ ": ".;,' :.....:.~ :_>~1-, -::... -..,:f I ~ .C"..~ t~ ,~.~: ".t. '''r. . <<'-".10 c':,:,r..oo:l. ,', ," . ':1 "'. ~I 0"7) ........ ~. ,4:-' ('! ':-JJ'. ':'.,.:. . " J .~ ,H' ..' ~ . ~ .! . ~ -.' "fJ.;'!H,I':~' ~.' './t. ~,,,.'1\. _..A:- . >"#. "~....~ --' *** OR: 43~r~~ee~~1~t* Page 90 of 92 EXHIBIT" A" TIlE WEST 352.48 FEET OF THE NORTIffiAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2S, TOWNSHIP 48 soum. RANGE 26 EASTs COLLIER COUTYs FWRIDA, LESS AND EXCEPT THE NORTH 100 FEET THEREOF; FURTHER LESS AND EXCEPT TIIA T PORTION CONVEYED TO COLLIER COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3287, PAGE 2061, OF THE PUBLIC RECORD OF COLLIER COUNTY, FLORIDA. AfKJ A 9824 IMMOKALEE ROAD NAPLES, FL 34120-3907 /::)q~c~~\i(,'~)ZI~>;" , . "'/ - 'A \ / ?/:,;:-:~\:~~~~~:~\-:{\~ \ ! f 1/ ","-';-, ,/ r"\ "'-, ""1"'" j". ";\ \ '] / , \ Ii ,if f '.$ ! \ '\ I $ / \. \// \ I i" ,I I , 1,,-.'" \') ! , I \ (" \\,...\:.::;./) "\...\L/ "L,~~)" ,:,t,J..." it,; J \ \, ') /' ,.~:,I . :~( ;' 1 I \;~~~2~'t;i:~(=}~~~}i<~i 2008 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT DOCUMENT# N04000010662 Entity Name: PEACE LUTHERAN CHURCH OF NAPLES,INC. FI_em No. 17C Apr, 13, 2009 Secretary 0 91 of 92 ,urrent Principal Place of Business: New Principal Place of Business: 14785 COLLIER BLVD. NAPLES, FL 34119 5659 STRAND CT SUITE 103 NAPLES, FL 34110 Current Mailing Address: New Mailing Address: 14785 COLLIER BLVD. NAPLES, FL 34119 5659 STRAND CT SUITE 103 NAPLES, FL 34110 FEI Number: 02-0733286 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: L1EBICH, DENNIS J REV. 5010 KINGSTON WAY NAPLES, FL 34119 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: Name: Address: 'ty-St-Zip: 1111e: Name: Address: City-St-Zip: Tille: Name: Address: City-SHip: Title: Name: Address: City-St-Zip: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: P ( ) Delete O'DONNELL, STEVE 4535 12TH ST NE NAPLES, FL 34120 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition VP ( ) Delete SCHEUMAN,CARL 945 MOON LAKE CIR NAPLES,FL 34104 Tille: Name: Address: City-St-Zip: ( ) Change ( ) Addition T ( ) Delete PATE, MARIA 14566 INDIGO LAKES CIR NAPLES, FL 34119 Title: Name: Address: City-St-Zip: ( ) Change ( ) Addition S ( ) Delete BECKER,DANA 4236 ST GEORGE LANE NAPLES, FL 34119 Title: Name: Address: City-SHip: ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears --',ove, or on an attachment with an address, with all other like empowered. -:>IGNA TURE: STEVE O'DONNELL Electronic Signature of Signing Officer or Director PRES 04/28/2008 Date Agenda Item No. 17C October 13, 2009 Page 92 of 92 18D · Sunday, September 27, 2009 · Naples Daily Newi ji NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County' will hold a public hearing on Tuesday, Octo- ber 13, 2009, in the' Boardroom, 3rd Floor, Administration Building. Collier County Government Center, 3301 East. Tamiami Trail. Naples, Florida. The meeting will begin at 9:00 A.M. The title of the pro- posed resolution is as follows: ' A RESOLUTION OF THE "BOARD OF ZON- ING APPEALS OF COLLIER COUNTY, FLORIDA. PROVIDING' FOR THE ESTAB- LISHMENT OF A' CONDITIONAL, USE TO ALLOW A CHURCH, CHILD CARE CENTER, AND PRIVATE SCHOOL WITHIN AN AGRI- CULTURAL (A) ZONING' DISTRICT PURSU. ANT TO SUBSECTION 2,03,01.A.1.( OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR .PROPERTY LOCATED AT 9B24' IMMOKALEE ROAD IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE, 26 EAST. COLLIER COUNTY, FLORIDA. The Board will consider Petition: CU- 2009-AR-14231, Peace Luthera'n Church of Naples, Inc.. represented by Margaret Per- ry. AICP of Wilson Miller, Inc.,and R, Bruce Anderson of Roetzel & Andress, LPA, requestirg three Conditional Uses for a church, child care center, and pri- vate school in the Rural Agriculture (A) zoning district pursuant, to subsection 2,03.01.A.c, of the Land Development Code, The subject property is located at 9B24 Immokalee Road (CR-846l, in Section 2S, Township 48 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presenta- tion of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf 'of an orga- nization or group is encouraged. If rec- ognized by the Chair, a spokesperson for a group, or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graph- ic materials included in the Board agenda packets must submit said material a min- imum of 3 weeks prior to the respective public hearing. In any case. written ma- terials intended to be considered by the Board shall be submitted. to the appropri- ate County staff a minimum of seven days prior to the public hearing. All material used in presentations" before the Board will become a permanent part of the re- cord. ' ' Any person who decides to appea I a deci- sion of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a ver- batim record of the. proceedings is made, I which record indudes 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 this proceeding, you are en- titled. at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management De- partment, located at 3301 Tamiami Trail East, Building W, Napies, Florida 34112. (239)252-8380. Assisted listening devices for the hearing impaired are available in the County CommiSSioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) C;p.9~f>mhp.r 27 ?00Q No181ROOS