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Agenda 10/27/2009 Item #17CAgenda Item No. 17C October 27, 2009 Page 1 of 81 EXECUTIVE SUMMARY PE- PL2009 -260: Collier County Airport Authority represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons of the Marco Island Executive Airport. The subject property is located on a if acre tract within Section 26, Township 51 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above- referenced Parking Exemption and render a decision pursuant to Section 4.05.02.x.3 of the Land Development Code in order to insure that the community's interests are maintained. CONSIDERATIONS: The petitioner wishes to allow construction of a 71 -space off site parking lot on property not zoned commercial pursuant to Section 4.05.02 K.3 of the Land Development Code (LDC). The applicant seeks a Parking Exemption to replace the existing 74 -space parking lot that will be converted into an aircraft parking apron to allow construction of a new parallel taxiway. Section 4.05.04 of the LDC requires one parking space per each aircraft tiedown/storage /maintenance area for a general aviation airport. According to the petitioner's application, there will be 53 tiedowns/hangers, so 53 parking spaces would be required. The applicant proposed to provide 71 spaces, with three of the spaces designated as loading and unloading spaces only. In actuality therefore, the applicant will be providing 68 actual parking spaces. The airport property has a zoning designation of Public Use (P) and the parcel intended to be used for the offsite parking lot has a zoning designation of Planned Unit Development (PUD), as part of the Marco Shore Golf Course Community PUD, which is governed by Ordinance Nos. 81 -6, 85 -56 and 94 -41, with the Master Plan amended in PDI Resolution No. 01 -29. The overall Marco Shores Golf Course Community PUD was rezoned to PUD prior to the separate use designations for different PUD zoning designations such as residential or commercial PUDs (RPUD and CPUD). However, this particular PUD is described in Ordinance No. 81 -6, Section 2.02 in the General Plan of Development as follows: The general plan of development of Marco shores is for a planned residential community of multi family dwelling units and golf course. Marco Island Executive Airport: PE- PL2009 -260 October 27, 2009 BCC hearing page 1 of 1 U Agenda Item No. 17C October 27, 2009 Page 2 of 81 Although the project has been amended to include residential uses other than multi - family dwellings, the development focus is still residential in nature with a maximum of 1,580 units allowed in the project. The parking lot tract is shown on the Master Plan of that PUD as a portion of a larger tract that is designated as a park site but with an additional notation that it is a temporary utility site. The PUD does not establish any uses or development regulations for the Park designated areas shown on the site plan. cx T`testrvo .r wo Pwk WWI silt) P #rk �z To Mwta r +'•� f ���`.i"%.'. "."""SSSd4411iii .rJ!,; OY bra 111�`; s�yImtOilfiiC.'Q Excerpt from Approved PUD Master Plan Proposed Parking Lot Site (approximate) FISCAL IMPACT: Approval of this Parking Exemption petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this Parking Exemption would not affect or change the requirements of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: Approval of this Parking Exemption would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Parking Exemption. Marco Island Executive Airport: PE- PL2009 -260 October 27, 2009 BCC hearing page 2 of 2 Agenda Item No. 17C October 27, 2009 Page 3 of 81 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition, as that body does not normally hear Parking Exemption petitions. COLLIER COUNTY PLANNING COMMISSION (CCPQ RECOMMENDATION: The CCPC heard petition PE- PL2009 -260 on September 3, 2009 and by a vote of 7 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the conditions recommended by staff, as follows: 1. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals through all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04 -41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. The CCPC did not offer any additional conditions. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. Marco Island Executive Airport: PE- PL2009 -260 October 27, 2009 BCC hearing page 3 of 3 Agenda Item No. 17C October 27, 2009 Page 4 of 81 LEGAL CONSIDERATIONS: The petitioner is requesting a Parking Exemption under LDC §4.05.02.x.3. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The petitioner has the burden to prove that the proposed Parking Exemption is consistent with all the criteria set forth below, and you may question the petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied in LDC §4.05.02.K.3. Should you consider denying the Parking Exemption, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Parking Exemptions 1. Whether the amount of off -site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. 2. The distance of the farthest parking space from the facility to be served. 3. Pedestrian safety if the lots are separated by a collector or arterial roadway. 4. Pedestrian and vehicular safety. 5. The character and quality of the neighborhood and the future development of surrounding properties. 6. Potential parking problems for neighboring properties. 7. Whether the internal traffic flow is required to leave the site to reach the proposed off -site parking. 8. Whether vehicular access shall be from or onto residential streets. 9. Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. 10. Whether the off -site parking area will be used for valet parking. 11. Whether the off -site parking area will be used for employee parking. 12. Whether there are more viable alternatives available. The proposed resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. - HFAC RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve this petition subject to the conditions adopted by the CCPC, as follows: 1. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and Marco Island Executive Airport: PE- PL2009 -260 October 27, 2009 BCC hearing page 4 of 4 Agenda Item No. 17C October 27, 2009 Page 5 of 81 2. The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals through all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04 -41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Marco Island Executive Airport: PE- PL2009 -260 October 27, 2009 BCC hearing page 5 of 5 i Page 1 of 2 Agenda Item No. 17C October 27, 2009 Page 6 of 81 file: / /C: \AgendaTest \Export\137 - October 27,2009\1 7. SUMMARY AGENDAA7C\17C E... 10/21/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17C Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PE- PL2009 -260: Collier County Airport Authority represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons of the Marco Island Executive Airport. Subject property is located on a 1 acre tract within Section 26, Township 51 South, Range 26 East, Collier County, Florida.(CTS) Meeting Date: 10/27/2009 9:00:00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 912412009 5:16:04 PM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 9/28/2009 8:26 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 912912009 11:14 AM Approved By Susan Istenes, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 101112009 1:06 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 10/5/2009 12:15 PM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 10/6/2009 9:42 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services 10/13/2009 11:21 AM Environmental Services Admin. file: / /C: \AgendaTest \Export\137 - October 27,2009\1 7. SUMMARY AGENDAA7C\17C E... 10/21/2009 Page 2 of 2 Agenda Item No. 17C October 27, 2009 Page 7 of 81 Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/14/2009 1:47 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/14/2009 2:31 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2009 3:07 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/15/2009 1:22 PM Approved By Leo B. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 10/1712009 3:04 PM file: / /C: \AgendaTest \Export\137- October 27, 2009 \17. SUMMARY AGENDA\1 701 7C E... 10/21/2009 Agenda Item No. 17C October 27, 2009 Page 8 of 81 Co*6r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 3, 2009 SUBJECT: PE- PL2009 -260; MARCO ISLAND EXECUTIVE AIRPORT PROPERTY OWNER/AGENT: Owner: Collier County 3301 Tamiami Trail East Naples, FL 34112 -4961 Agent: Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: Applicant: Collier County Airport Authority 2005 Mainsail Drive Suite #1 Naples, FL 34114 To have the Collier County Planning Commission (CCPC) consider an application for a Parking Exemption to allow construction of a 71 -space off -site parking lot on property not zoned commercial pursuant to Section 4.05.02 K.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The total subject site consists of 66.0± acres and the proposed off -site parking lot consists of 1.0± acre, Both sites are located at the eastern end of Mainsail Drive, with the proposed parking lot located to the north of the airport entrance, which is located at the terminus of Mainsail Drive in Section 26, Township 51 South, Range 26 East, Collier County, Florida. (See location neap on following page) PURPOSE/DESCRIPTION OF PROJECT: The applicant seeks a Parking Exemption to replace the existing 74 -space parking lot that will be converted into an aircraft parking apron to allow construction of a new parallel taxiway. Section 4.05.04 PE- PL2009 -260 Revised 8/10/09 Page 1 of 8 Agenda item No. 17C October 27, 2009 Page 9 of 81 of the LDC requires one parking space per each aircraft tiedown /storage /maintenance area for a general aviation airport. According to the petitioner's application, there will be 53 tiedowns/hangers, so 53 parking spaces would be required. The applicant proposed to provide 71 spaces, with three of the spaces designated as loading and unloading spaces only. In actuality therefore, the petition will be providing 68 actual parking spaces. The airport property has a zoning designation of Public Use (P) and the parcel intended to be used for the offsite parking lot has a zoning designation of Planned Unit Development (PUD), as part of the Marco Shore Golf Course Community PUD, which is governed by Ordinance Nos. 81 -6, 85 -56 and 94 -41, with the Master Plan amended in PDI Resolution 01 -29. The overall Marco Shores Golf Course Community PUD was rezoned to PUD prior to the separate use designations for different PUD zoned projects such as residential or commercial PUDs (RPUD and CPUD). However this particular PUD is described in Ordinance No. 81 -6, Section 2.02 in the General Plan of Development as follows: The general plan of development of Marco shores is for a planned residential community of multi- family dwelling units and golf course. Although the project has been amended to include residential uses other than multi - family dwellings, the development focus is still residential in nature with a maximum of 1,580 units allowed in the project. The parking lot tract is shown on the Master Plan of that PUD as a portion of a larger tract that is designated as a park site but with an additional notation that it is a temporary utility site. The PUD does not establish any uses or development regulations for the Park designated areas shown on the site plan. .�,.a r►CmYt A #teai@enisl - Parcaf wo Jr ' Park u r (,T=V VvWsy f Site) site ro �r To M=n l jfi .fir • /,� L�caca�vo f r� pµp= f � GC usintanance FacAty Excerpt from Approved PUD Master Plan SURROUNDING LAND USE AND ZONING: PE- PL2009 -260 Revised 8/10/09 Page 2 of 8 posed Parking Lot Site (approximate) Agenda Item No. 17C October 27, 2009 Page 10 of 81 North: Lake Marco Shores, then state -owned lands with a zoning designation of CON -ST, preserve area East: Marco Island Executive Airport with a zoning designation of Public Use South: Mainsail Drive then state -owned lands with a zoning designation of CON -ST preserve area, and to the southeast the golf maintenance area West: The remainder of Tract Q of Marco Shores Unit One (Plat Book 14, Pages 33 -38) is vacant land owned by Collier County, with a zoning designation of PUD (Marco Shores Golf Course Community shown with a use designation of park and temporary utility site) and then a utility site operated by the City of Marco Island. AERIAL PHOTO (subject site highlighted in yellow) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban (Urban Coastal Fringe Subdistrict) on the Future Land Use Map (FLUM) and within the text of the FLUE of the Growth Management Plan (GMP). The subject property is a portion of the lands addressed by the Deltona Settlement Agreement (Unit 27). In that agreement, the developer was allotted certain developable tracts while other acreage was placed into State ownership. The proposed Parking Exemption may be deemed consistent with the relevant goals, objectives and policies of the GMP. ANALYSIS: Transportation Review: The Transportation Services Division staff has reviewed this petition and has offered no objection to the proposed use at this location. Zoning Review: Section 4.05.02.K.3 (a) 2, of the LDC allows a Parking Exemption to be sought when a PE- PL2009 -260 Revised 8/10/09 Page 3 of 8 Agenda Item No. 17C October 27, 2009 Page 11 of 81 lot proposed for off -site parking is not zoned for commercial uses. As noted above, the PUD governing the subject site is a residential PUD. As part of its review of this application, staff has completed a comprehensive evaluation of the Parking Exemption criteria outlined in Section 4.04.02.K.3 (b), of the LDC, upon which a determination for any Parking Exemption must be based. The criteria are italicized, followed by staffs comments below. This evaluation will form the foundation of the Collier County Planning Commission's (CCPC) recommendation, which is then forwarded to the Board of Zoning Appeals Board (BZA) for a final decision. (1) Whether the amount of off -site parking is required by LDC Section 4.05.04 G. and 4.05.09, or is in excess of these requirements. The proposed 71 -space parking lot would serve the patrons and employees of the Marco Island Executive Airport. While the LDC only requires a minimum of 53 parking spaces, the petition believes there is a need to provide additional parking spaces. Note the parking lot to be replaced provides 74 parking spaces, so the petitioner is proposing a slight reduction in the parking spaces available at the airport. Staff is recommending a condition that will limit this parking lot's use to only employees and patrons of the airport; the parking lot could not be utilized for golf course maintenance or the City of Marco Island employees or visitors. Due to the more remote location of the airport and its smaller size, staff does not anticipate misuse of this parking lot by the general public. However, because the parking lot may not be used to its maximum potential for patrons and employees during off peak hours or seasons, staff does have concerns that the parking could be misappropriated either by the airport authority, the City of Marco who operates a utility site nearby, or the developer or his employees of the Marco Shores golf course. Staff therefore has included conditions that will prohibit use of this parking lot for storage or parking of vehicles or equipment other than airport employees' and patrons' vehicles. Staff has not offered any limitation on the hours of operation for the parking lot because other conditions limit the use to airport patrons and employees. Since persons who fly in and out of the airport could leave vehicles in the parking lot overnight, hour of operation limitations would not be appropriate. (2) The distance of the farthest parking space fi -onz the facility to be served. According to the petitioner, all parking spaces will be located within 275 feet of the existing terminal building. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. The proposed parking lot is not separated by any collector or arterial roadways. (4) Pedestrian and vehicular safety. The site plan for this Parking Exemption shows a walkway will be provided from the parking lot to the terminal building. In addition, the site plan indicates a passenger loading and unloading zone is to be provided near the sidewalk. There should be no other vehicles or pedestrians within the PE- PL2009 -260 Revised 8/10/09 Page 4 of 8 Agenda Item No. 17C October 27, 2009 Page 12 of 81 parking lot. The site plan indicates a security fence will be provided along the eastern parking lot boundary and along the walkway to separate patrons and employees from the proposed aircraft apron area. The applicant has indicated that the parking lot will be lighted. The parking lot, sidewalks, crosswalks, circulation striping and signage will be in compliance with all the LDC requirements. (S) The character and quality of the neighborhood and the future development of surrounding properties. The surrounding area is developed with utility and maintenance uses within the PUD and with the airport to the west. Marco Shores Golf Course Community has built the maximum number of residential units allowed within the PUD; any proposal to increase the number of units would require an amendment to the PUD. Aerial photography and the PUD Master Plan show the golf course separates residential structures from the proposed parking lot by approximately 4,000 feet. (6) Potential parking problems for neighboring properties. As shown above, the proposed parking lot is not proximate to any residential uses therefore staff does not anticipate any overflow parking issues for the residences within Marco Shores Golf Course PE- PL2009 -260 Revised 8/10/09 Page 5 of 8 Agenda Item No. 17C October 27, 2009 Page 13 of 81 Community PUD. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off -site parking. The proposed parking lot will be the only access patrons and employees will have to the airport. It is not anticipated that there will be any internal traffic flow between this parking lot and any other airport property. (8) Whether vehicular access shall be fi -on? or onto residential streets. Although a portion of Mainsail Drive does provide access to residential uses to the west of the proposed parking lot, vehicles operated at this terminus of Mainsail Drive should not be residential use oriented. The Transportation Planning Department has approved the ingress /egress to the site. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. In this particular situation, the adjacent tracts are not designated for residential uses, therefore the 15 foot wide buffers that include walls is not an appropriate requirement. The site plan demonstrates that a 15 -foot wide Type B buffer with a hedge will be provided along the western boundary of the parking lot, a 1 -foot wide type A buffer will be provided along the north boundary, and a 15 -foot wide type D buffer will be provided along Mainsail Drive. (10) Whether the off -site parking area will be used for valet parking. The parking lot exemption area will not be used for valet parking. (11) Whether the off -site parking area will be used for employee parking. The applicant has indicated that this off -site parking area is to be utilized by employees as well as patrons. (12) Whether there are more viable alternatives available. Staff believes the proposed parking lot offers the most viable alternative to allow construction of the aircraft apron. (13) Off - street parking areas must be accessible from a street, alley or other public right -of -way and all off - street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding single family and two family residential dwellings and churches approved under section 2.3.16. The parking lot has been designed so motor vehicles will not be required to back onto the adjacent streets. NEIGHBORHOOD INFORMATION REQUIREMENTS: For Parking Exemptions, the LDC only requires the petitioner to notify all neighboring property owners by mail of the proposed action. No Neighborhood Information Meeting (NIM) is required. The PE- PL2009 -260 Revised 8/10/09 Page 6 of 8 Agenda Item No. 17C October 27, 2009 Page 14 of 81 , petitioner provided documentation to show that the required letter was sent on July 1, 2009. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PE- PL2009 -260 revised on August 10, 2009. PE- PL2009 -260 Revised 8/10/09 Page 7 of 8 Agenda Item No. 17C October 27, 2009 Page 15 of 81 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PE- PL2009- 260 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staffs recommendations of approval. 1. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals through all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04 -41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. PE- PL2009 -260 Revised 8/10/09 Page 8 of 8 I PREPARED BY: Kay deselem, aicp, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: Agenda Item No. 17C October 27, 2009 Page 16 of 81 RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN M. 1STENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the October 27, 2009 Board of Zoning Appeals Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PE- PL2009 -260 Revised 8/10/09 Page 9 of 8 DATE um- CD CO C>,15 o °rte Z � U C N d 2 i o u° U i ^ „R M z \ \s O � u E� Y m Z —x m ion / 7 mw L.L CQ G V Z Z O N 5\ Z O U O J F I m , f H U Z � W O O IL 0 as¢ m i I ,-, W Y _ s� n L.L CQ G V Z Z O N 5\ Z O U O J COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET "A Agenda Item No. 17C October 27, 2009 2800 NORTH HORSESHOE DRIVE Page 18 of 81 NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 643 -6968 P ,: ; 1 1 .0 H N FAR PETITION NO (AR) PE- PL20090000260 REV: 2 PROJECT NAME MARCO ISLAND EXECUTIVE AIRPORT PROJECT NUMBER DATE: 7/30/09 DATE PROCESSED DUE: 8/13/09 ASSIGNED PLANNER Above to be completed by Staff APPLICANT COLLIER COUNTY AIRPORT AUTHORITY (CCAA) ADDRESS 2005 MAINSAIL DRIVE SUITE #1 CITY NAPLES STATE FLORIDA ZIP 34114 TELEPHONE # 239 -642 -7878 EXT. 35 CELL # 239 -207 -9547 FAX # 239- 394 -3515 E -MAIL ADDRESSS: THERESACOOK @COLLIERGOV NET AGENT D. WAYNE ARNOLD FIRM Q. GRADY MINOR AND ASSOCIATES P.A. ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134 TELEPHONE # 239-947-1144 CELL # FAX # 239- 947 -0375 E -MAIL ADDRESSS: WARNOLDCa)GRADYMWOR COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. ADDITIONALLY, THIS PETITION IS SUBJECT TO COMPLIANCE WITH CERTAIN NEIGHBORHOOD INFORMATION AND SIGN REQUIREMENTS OF THE LAND DEVELOPMENT CODE (LDC). GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Page 1 of 12 : NAME OF OWNER(S) COLLIER COUNTY Agenda Item No. 17C October 27, 2009 Page 19 of 81 ADDRESS 3301 TAMIAMI TRAIL EAST CITY NAPLES STATE FLORIDA ZIP 34112 -4961 TELEPHONE # 239 - 642 -7878 EXT. 35 CELL # 239 -207 -9547 FAX # 239 - 394 -3515 E -MAIL ADDRESSS: THERESACOOK@COLLIERGOV.NET �, ...:,'n.M la w.1' n dr Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) 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. �:. - If Section /Township /Range 26/51/26 Plat Book Page #: Lot: Block: Unit Subdivision: Marco Shores Unit 1 Property I.D. Number(s): 00744080001 and 00744200001 Metes & Bounds Description: OFFICIAL RECORDS BOOK 2034 AT PAGE 1261 THAT CERTAIN LAND PARCEL LYING IN AND BEING PART OF SECTION 26 AND 35, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICARULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 26: THENCE RUN N 88 °44'06" W ALONG THE NORTH LINE THEREOF, A DISTANCE OF 1,569.50 FEET; THENCE LEAVING SAID NORTH SECTION LINE RUN S 12 °00'00" E A DISTANCE OF 1,230.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE N 78 000'05" E A DISTANCE OF 150.00 FEET; THENCE S 12 000'00" E A DISTANCE OF 70.00 FEET; THENCE S 46 °01'10" E A DISTANCE OF 241.30 FEET; THENCE S 12 000'00" E A DISTANCE OF 5,250.00 FEET; THENCE S 41 °28'16" W A DISTANCE OF 168.00 FEET; THENCE S 78 °00'00" W A DISTANCE OF 300.00 FEET; THENCE N 12 °00'00" W A DISTANCE OF 250.00 FEET; THENCE S 78 °00'00" W A DISTANCE OF 175.00 FEET; THENCE N 12 °00'00" W A DISTANCE OF 350.00 FEET; THENCE N 56 011'55" E A DISTANCE OF 188.48 FEET; THENCE N 12 °00'00" W A DISTANCE OF 3,560.00 FEET; THENCE S 78 °00'00" W A DISTANCE OF 350.00 FEET; THENCE N 12 °00'00" W A DISTANCE OF 1,170.00 FEET; THENCE N 77 °59'56" E A DISTANCE OF 350.00 FEET; THENCE N 12 °00'00" W A DISTANCE OF 220.00 FEET; THENCE. N 78 °00'05" E A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING CONTAINING 66.39 ACRES, MORE OR LESS. Size of property_ ft. X ft. = Total Sq. Ft. Acres 66+ Page 2 of 12 U Agenda Item No. 17C October 27, 2009 Page 20 of 81 0W Q 1-1101 .&OWN • W-10A Section /Township /Range 26/51/26 Plat Book Page #: Lot: Block: Unit Subdivision: Marco Shores Unit I Property I.D. Number(s): 59430620001 Metes & Bounds Description: Please see attached Exhibit "A". Size of property, ft. X ft. = Total Sq. Ft. Acres 1.0± Address/general location of subject property: No Site Address, property is located at the eastern end of Main Sail Drive on the northern side and on the western boundary of the existing Marco Island Airport parking area Page 3 of 12 Agenda Item No. 17C October 27, 2009 Page 21 of 81 Complete the following for all Association(s) affected by this petition. Provide additional sheets if necessary. If there are NO associations, please indicate N/A for EACH item. NAME OF HOMEOWNER ASSOCIATION: MARCO SHORES COUNTRY CLUB MAILING ADDRESS 1450 MAINSAIL CITY NAPLES STATE FLORIDA ZIP 34114 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership Collier County 100% 3301 Tamiami Trail East, Bldg. F Naples, Florida 34112 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. % of Name and Address Ownership Page 4 of 12 V Agenda item No. 17C October 27, 2009 Page 22 of 81 c. if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. % of Name and Address Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. % of Name and Address Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. % of Name and Address Ownershi Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Page 5 of 12 Agenda Item No. 17C October 27, 2009 Page 23 of 81 Zoning of proposed off -site parking lot PUD: Marco Shores Country Club Zoning of commercial tract the Parking Exemption is proposed to serve P, Public Use District Type of land use that the parking exemption is proposed to serve Marco island Executive Airport Total number of parking spaces required for project: 53 Number of Parking Spaces Proposed Off -Site: 71 Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? ❑ YES ® NO If yes, please name the roadway: Does the permitted use propose to share required parking with another permitted use? 0 • �, i �:L� fir '�."���nfY�`i���C� :Fh: ^�:''�5,:��;p �2�������.a..i ��s�ss� �'��.j° ��° • a .. � P•,� Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Zoning Adjustments shall be based upon consideration of the applicable criteria noted in LDC Section 4.05.02.K.3.b. Please provide a narrative statement describing the request with specific reference to the criteria noted in the cited section of the LDC. include any backup materials and documentation that you wish to have considered in support of the request. The parking exemption is proposed to permit construction of a new parking lot for employees -and patrons for the Marco Island Executive Airport. The existing 74 -space parking lot is proposed to be converted into a new aircraft - parking apron in order to construct a new taxiway parallel to the existing single runway at the airport. The new taxiway is being constructed with Federal Aviation Authority financial assistance in order to improve airport safety. Currently, the single runway serves the dual purpose of taxiway and runway. The new taxiway will provide for separate runway and taxiway for aircraft utilizing the Marco Island Executive Airport. Page 6 of 12 Agenda Item No. 17C October 27, 2009 Page 24 of 81 The property on which the new parking lot is proposed to be constructed is zoned PUD and is located within the Marco Shores PUD. The Marco Shores PUD conceptual master plan identifies the subject property as "Park (temporary utility site). The 1 +/- acre parcel was acquired approximately two years ago by the Collier County Airport Authority with the purpose of relocating parking to facilitate the aircraft safety improvements at the Marco Island Executive Airport. The planning commission and the BZA shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off -site parking is required by sections 4.05.04 G. and 4.05.09, or is in excess of these requirements. The new parking lot will consist of approximately 71 vehicular parking spaces. This number of parking spaces is greater than the LDC requirements for airport parking. However, it will permit future additional aircraft tiedowns to serve the community. The number of parking spaces also accommodates parking required for the Collier County Airport Authority administrative offices and the Civil Air Patrol offices located in the terminal building. (2) The distance of the farthest parking space from the facility to be served. The proposed parking lot is immediately west of and adjacent to the existing parking lot. The new parking lot configuration will place all parking within 275' of the existing terminal building. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. The parking lot will not be separated from the terminal building by a local, collector or arterial roadway. However, the Collier County Airport Authority will provide an 8' wide sidewalk connecting the new parking area to the terminal building. (4) Pedestrian and vehicular safety. The proposed parking lot will be designed to current LDC standards, meeting all requirements for pedestrian and vehicular safety. The parking lot will provide disabled accessible parking spaces and all persons utilizing the parking lot will have access to the terminal building via an 8' wide sidewalk. The parking lot will also have lighting fixtures for safety and security. (5) The character and quality of the neighborhood and the future development of surrounding properties. The Marco Shores community has been substantially developed with residential and golf course development. The proposed parking lot is not adjacent to existing or proposed residential areas of the PUD and nearly one -half mile from the nearest developed residential tract, and it is approximately 1,100 feet from the nearest undeveloped residential tract. In both cases, the City of Marco island utility site is in closer proximity to residential uses than the proposed parking lot. Properties to the east and west are owned by the Collier County Airport Authority, property to the south across Mainsail Drive is owned by the various property owner's associations and is included as part of the Mainsail Drive right -of -way. To the north of the proposed parking lot is a lake area which is owned by the State of Florida. Page 7 of 12 Agenda Item No. 17C October 27, 2009 The parking lot will be designed to include the required perimeter landscape buffergggrq of 81 interior landscape islands meeting the current LDC requirements. The parking lot will be compatible with the character and quality of the neighborhood. (6) Potential parking problems for neighboring properties. The parking lot will not create parking problems for neighboring properties and will provide the necessary parking to support the improved airport operations. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off - site parking. The proposed parking lot is being constructed on property owned by the Collier County Airport Authority and patrons of the Marco Island Executive Airport will not be required to leave the site to utilize the parking lot. The parking lot entrance will be from Mainsail Drive which is currently the access to the existing airport parking. (8) Whether vehicular access shall be from or onto residential streets. Access to the parking lot is from Mainsail Drive, Mainsail Drive serves as the existing access to all properties within the Marco Shores PUD, including the Marco island Executive Airport. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The property on which the parking lot is proposed to be constructed is not adjacent to any property designated or zoned for residential purposes; therefore, this criterion is not applicable. (10) Whether the off -site parking area will be used for valet parking. The proposed parking lot is not intended for valet use. (11) Whether the off -site parking area will be used for employee parking. The parking area will be utilized for employees and patrons, (12) Whether there are more viable alternatives available. No other viable alternatives exist for establishing a permanent parking lot to serve the Marco Island Executive Airport. Given the safety enhancements necessitating the runway and taxiway improvements, the Airport Authority has no other alternative but to seek use of the adjacent property for the parking lot relocation. Other property adjacent to the existing runway and taxiway are owned by the State of Florida and are very environmentally sensitive due to the presence of protected species and vegetation. Page 8 of 12 Agenda Item No. 17C October 27, 2009 Page 26 of 81 PAR- INd EM"EMPTION fPE) APPPL, IiCATION 'U I1 TTAL CHE2KLIE ' THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Com feted A lication 20 ❑ Pre-Application meeting notes 20 Conceptual Site Plan 24" x 36" 20 Site Plan 8 °/2 "x11" 1 ❑ Narrative Statement (based upon LDC Evaluation Criteria ) 20 ❑ ❑ Warranty Deed 2 ❑ Owner/Agent Affidavit, signed & sealed 1 ❑ ❑ Boundary Survey, no more than 6 months old 24" x 36" 4 Electronic copies of all document & Plans 1 ❑ .Addressing Checklist 2 ❑ Location Map 2 ❑ El 10 -Year Lease Agreement see LDC 4.05.02.K.2.a 2 ❑ Li Fees: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County fee Scheduled in effect when the petition is accepted by Collier County. ❑ $1,500 Public Hearing Application Fee ❑ $500.00 Pre - application fee credit (Applications submitted 9 months or more after the date of the last pre - application meeting shall not be credited towards application fees; a new pre - application meeting may be required. ❑ $900.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). ❑ $500.00 Legal Advertising Fee for BCC meeting ❑ Property Owner Notification Fees. Property Owner Notifications $7.50 Nan - certified; .$3.00 Certified return receipt mar/ ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) As the authorized agentlapplicant for this petition, I attest that all of the -information indicated on this checklist is included in this submittal package. I understand that failure to include all necessa submittal information ay result in the delay of processing this petition. r. Agent/Applicant S GN U E Dat Page 11 of 12 Agenda Item No. 17C October 27, 2009 Page 27 of 81 AFFIDAVIT We /I, Theresa M. Cook, Executive Director, Collier County Airport Authority being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/I further authorize Q. Grady Minor and Associates, P.A. to act as our /my representative in any matters regarding this Petition. Signature of Property Owner Theresa M. Cook, Executive Director, Collier County Airport Authority The foregoing instrument was acknowledged before me this 4`0� day _ of, 2009, by AY. �oK who is personally known to me or ha e pr uced as identification. State of Florida County of PE- PL20090000260 REV:2 MARCO isLAND EXECUTIVE AIRPORT DATE: 7/30/09 DUE: 8/13/09 (Signatur�,.ot4Wot'L I kLERState of Florida)' ` * * MY C MISSION 4 DD 734157 s e EXPIRES: December 19, 2011 "OOF Ft.e Bondedihru Budget Nolwy SeMcos (Print, Type, or Stamp Commissioned Name of Notary Public) Page 12 of 12 I Details p al Agenda V 4.117C October 27, 2009 Page 28 of 81 Property Record Sketches Trim Notices Current Ownership Parcel No. 59430620001 Property Address NO SITE ADDRESS Owner Name COLLIER CNTY Addresses 3301 TAMIAMI TRL E C41 NAPLES State FL Zip 34112.4961 Legal MARCO SHORES UNIT 1 THAT POR- TION OF TRACT Q DESC AS FOLL: BEG NE CNR OF TR Q, THENCE ALG E Ll S IIDEG 59'S5E 332.93FT 'For more than four lines of Legal Description please call the Property Appraiser's Office. Section_ Township Range Acres —� Map t Strap No. 26 51 26 -1.01. ( 6B26 R 480400 Q 268261 Sub No. 480400 MARCO SHORES UNIT 1 MILL@ a Area 9%L- l g71 I '�{ Use Code 86 11GOVERNMENT 4152 _ 2 11.054 2008 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roil SOH = "Save Our Homes" exempt value due to cap on assessment Increases. Land Value $ 10,100.00 { +) Improved Value $ 0.Q0 (--) Just Value $10,100.00 { -) SOH Exempt Value $ 0.00 (--) Assessed Value $10,100.00 ( -) Homestead and other Exempt Value $ 10,100.00 (_ Taxable Value so—.0-0-1 Latest Sales History Date Book - Page Amount 0912008 9%L- l g71 $ 0.00 02/2007 4152 _ $ 0.00 11/2003 SOH = "Save Our Homes" exempt value due to cap on assessment Increases. Land Value $ 10,100.00 { +) Improved Value $ 0.Q0 (--) Just Value $10,100.00 { -) SOH Exempt Value $ 0.00 (--) Assessed Value $10,100.00 ( -) Homestead and other Exempt Value $ 10,100.00 (_ Taxable Value so—.0-0-1 Latest Sales History Date Book - Page Amount 0912008 9%L- l g71 $ 0.00 02/2007 4152 _ $ 0.00 11/2003 $ 0.00 03/2002 ago MR $0.00-1 The Information is Updated Weekly PE- PL20090000260 REVA MARCO ISLAND EXECUTIVE AIRPORT DATE: 5122/09 DUE: 618/09 http: / /www. collierappraiser .comIRecordDetaii - asp? Map= No &FolioID= 000005 943 062000 l 4/29/2009 OR; 4AOnda " Item No. 17 tl�� �ggX81 EXHIBIT "A" That portion of Tract Q, Marco Shores Unit One, a subdivision according to the Plat thereof as recorded in Plat Book 14, Pages 33 through 38, Public Records of Collier, Florida, more particularly described as follows: Beginning at the northeast corner of Tract "Q "; thence along the east line of said Tract "Q ", South 11159'55" East, 332.93 feet to a point on the north right- of-way line of Mainsail Drive according to the plat of said Marco Shores Unit One; thence along said right -of -way line South 77 054'19" West 131.94 feet; thence leaving said right -of -way line North 12 000'24" West 307.62 feet to a point on the boundary of said Tract "Q "; thence along said boundary in the following two (2) described courses. 1) North 24045'16" East 7.32 feet; �� R co 2) North 69 014'17" East 129.11 e�i Pint o herein described. Bearings are based on the Containing approximately OF � �� CRC 7 of the parcel 11 059'55" East. Vmt�,; 7, ?: alb loju Marco Airport Site 1.01 Acres -`� b bl,g@ t5 t 7 q ie L E s Ira hP e,. tq V 05 F X15 f1w�;9,.,et E °.� 4•-ny •,��,,.I`•L,�, .t'"e <• w �� I� r It �5s $� i•.r" ..•.L �,.y.'s- .a n. 't., fir+' a`^ �• 1 1 j"" 1 Stn. s^ <°'\`j'_�,,.av ¢"r_ _" � ,• rrQ "- 1S,`„.,,o ".�n1,1 �y�8 a e Y cF s t `1 A 11 � 1 '1' ,} 1A, A�•s A a $ h II • 1 �.�� I�. n <� ` I I t h f HIE; r ( 5 i1' rI g 3 E !44 !S :3 ..e••s ooy(...aootfoo <ettp.,e7ge. a pp by 5 E < ?e! k F S j i asq,a F E6ao�3�,e3 5 !thtr� ¢pp.pleP::.� C5E @ce.e aE� ?LElsa. ?Sat &en! �KaE6etzta.R. .:z "n= tr a in SH,t 1.allAo.. ?a $elte sec wl- sgf'J1d011fb..mYpsY A1' mwAAY U✓n�LlluNs 0311s/2009 TIM I %t D3 FAX 2399470376 COLUEi COUNTY GOVERNMENT ADDRESSING DEPARTMENT Agenda Item No. 17C OctP e�7�, 811 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Please complete the following and fax to the Addressing Department at 239 - 2524724 or submit in person to the Addressing Department at the above address, Form must ba signed by 64 ressina meting please a flaw 3 days for nracasslnsa. person uriar to p�aballcatlon Not all items will apply to every project. Items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department, PETITION TYPE (check petition type below. complete a separate Addressing Check ist for each Petition Type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) ❑ Carnival /Circus Permit ❑ CU (Conditional Use) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ FP (Final Plat [� SIPI (Insubstantial Change to SIP) ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) i.� SNR (Street Name Change) D SNC (Street Name Change — Unplatted) ❑ PPL (Plans & Plat Review) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone (] VRP (Vegetation Removal Permit) CJ VRSFP (Vegetation Removal &, Site Fill Permit) ❑ NZ (Standard Rezone) fD OTHER Parking Exemption LEGAL DESCRIPTION of subject property or propertles (copy of lengthy description maybe attached PLEASE SEE ATTACHED STAT'UTOR'Y DEED i ►,�. I -rCt) � C� FOLIO (Proparty ID) NUMSER(s) of above (attach to, of assaoiate with, legal description if more than one) L=4 59430620001 STREET ADDRESS or ADDRESSES {as applicable, if already assr'gned} NO SITE ADDRESS • LOCATION MAP must be attached showing exact location of projectlsita in relstlon to nearest public road right -of -way • SURVEY (copy - needed only for unpiatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (ifappifcablej REV:1 PE- PL20090000260 SITE DEVELOPMENT PLAN NUMBER (for existing project&,sitsc onryj MARCO ISLAND EXECUTIVE SDP or AR # AIRPORT DATE: 5122109 DUE:618109 ..,, -.1 1 U L L v4 "A /3994 to.05 ADDRESSING CHECKLIST- PAGE TWO Agenda Item No. 17C OctP A 981 Page 1 of 2 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: Z Checklist is to be F2xed back 17 Personally Picked Up APPLICANT NAME: SHARON UMPi_NHOUR PHONE 347 -1144 FAX 947 -0375 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USi` ONLY - Primary Number 192- Address Number I S �qo 9 Address Number Address Number Approved by 1 '' �-t � Q. C-'l pate• a Updated by: Datw IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR BEVY FORM SUBMITTED Page 2 of 2 Agenda Item No. 17C October 27, 2009 Page 34 of 81 Marco Island Executive Airport Parking Exemption Fee Schedule Description Amount Parking Exemption Application Fee $1,500.00 Legal Advertising Fee for CCPC $925.00 Legal Advertising Fee for BCC $500.00 Pre Application Fee (Credit) - $500.00 Total Fees Due at Time of First Submittal $2,425.00 "Please make checks payable to "Collier Board of County Commissioners ". MARCO ISLAND EXECUTIVE MARCO DATE: 5122109 DUE: 618109 Agenda Item No. 17C October 27, 2009 Marco Island Executive Airport Parking Exempd &Y 0181 Location Map — I April 28, 2009 Shell islal PE- PL20090001 MARCO ISLANi AIRPORT DATE: 5122109 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 (239) 947 -1144 Fax,: (239) 947 -0375 www.GradyMinorcom OR T H Scale: N.T.S. ct Property :o Island :utive art Architects Agenda Item No. 17C October 27, 2009 Page 36 of 81 paton_h From: Sharon Umpenhour [SUmpenhour @gradyminor.com] Sent: Friday, May 08, 2009 8:25 AM To: paton_h Subject: RE: Marco Airport Parking Exemption Attachments: ' image001.jpg PE.PL20090000260 REVA Kay Deselem is the County Planner that will be reviewing this petition. MARCO ISLAND EXECUTIVE AIRPORT Sharon Umpenhour DATE: 5122109 DUE: 618109 Planning Technician From: paton_h [ mailto :Haro[dPaton @colliergov.net] Sent: Thursday, May 07, 2009 5 :10 PM To: Sharon Umpenhour Subject: RE: Marco Airport Parking Exemption Sharon, May I have the name of the individual at the Collier County CDES Zoning & Land Development Review that will be receiving payment for the Parking Exemption App? Thanks. Harold Paton Accounts Payable Collier County Airport Authority 239 -642 -7878 Ext 30 From: CookTheresa Sent: Thursday, May 07, 2009 3:53 PM To: paton_h; MuellerDebi Subject: FW: Marco Airport Parking Exemption Please see attached fee schedule for Marco Parking lot parking exemption. Theresa 239 -642 -7878 ex 35 From: Sharon Umpenhour [ mailto :SUmpenhour @gradyminor.com] Sent: Thursday, May 07, 2009 2:09 PM To: CookTheresa Subject: Marco Airport Parking Exemption Theresa, Please find attached a draft copy of the petition packet for your review and approval. Also, attached is a copy of the fee schedule. Upon receipt of the boundary surveys, executed affidavit and your approval of the application I will schedule an intake meeting with County Staff. Agenda Item No. 17C October 27, 2009 Page 37 of 81 Regards, Sharon Sharon Umpenhour Planning Technician GracyA-finor 3800 Via Del .Rey Bonita Springs, FL 34134 Phone - 239.947.1144 Fax - 239.947.0375 Web - httn: /hv\\rw.erad3,minor.com Please consider the environment before printing this email DISCLAIMER: This communication from Q. Grady Minor & Associates, P.A., along with any attachments or electronic data is Intended only for the addressee(s) named above and may contain information that is confidential, legally privileged or otherwise exempt from disclosure. The recipient agrees and accepts the following conditions: The electronic file /data is for informational purposes only and is the responsibility of the recipient to reconcile this electronic filefdata with the approved and certified "plan of record" along with actual project site conditions. Q. Grady Minor & Associates, PA. reserves the right to revise, update and improve its electronically stored data without notice and assumes no responsibility due to a virus or damages caused by receiving this email. Agenda Item No. 17C October 27, 2009 Page 38 of 81 AFFIDAVIT OF COMPLIANCE 1 hereby certify that pursuant to Ordinance 2004 -41, as amended, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax roll, of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this 1st day of July, 2009 by D. WaynQ Arnold, who is personally known to me of whe- has - p=edueed as id�t- i#�atie�r- Vli'tr (Signature of Notary Public) Sharon Umpenhour Printed Name of Notary (Notary Seal) PE- PL2009 -260 Marco Executive Airport submitted 7/8/09 GradyMinor Agenda Item No. 17C October 27, 2009 Page 39 of 81 Civil Engineers e Land Surveyors a Planners e Landscape Architects PE-PL2009 -260 Marco Executive Airport submitted 7/8/09 July 1, 2009 Subject: Marco Island Executive Airport Parking Exemption Petition Number PE- PL2009 -260 Dear Property Owner: Please be advised that the Collier County Airport Authority, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. has made a formal application to Collier County to request a parking exemption pursuant to Collier County Land Development Code Section 4.05.02. The subject property is located within the planned unit development (PUD) known as the Marco Shores PUD. The parking exemption would authorize construction of a vehicular parking lot on a 1 +/- acre parcel of land located immediately west of the existing Marco Island Executive Airport. The proposed parking lot is intended to serve employees and patrons of the Marco Island Executive Airport, and is necessitated by other improvements planned for the existing airport property. A location exhibit, aerial photograph and conceptual parking lot plan have been attached for your reference. Please note that the conceptual parking lot plan is subject to modification as it is reviewed by staff, the Collier County Planning Commission and the Board of County Comn- issioners. Public hearings before the Collier County Planning Conunission and Board of County Commissioners will be held, and public notices will be posted in accordance with requirements of the Collier County Land Development Code. Please feel free to contact me if you have any questions or require any further information. You may also contact Ms. Kay Deselem, AICP, at (239) 252 -2931, the assigned Collier County Zoning and Land Development Review staff planner with any inquiries. Sincerely, D. Wayne Arnold A1C Director of Planning Q. Grady klinor & Associates, P.A. Ph. 239-947-1144 e llx.- 2313 -947 -0375 3800 Via Del Rey 1,13 0005151 m 1,13 0005151 • LG 26000266 Bonita Springs, 111, 34134 vnNwgradyminor.com Marco Island Executive A]* 0 co 0 U, Shell Island Road Q. Grady Minor and Associates, P.A. 3ROD Via Dal Rey, BoMia Spriop, FL 34134 (239) 947-1144 Fax: (239) 947 -0375 www.GradyMinor.com i Agenda Item No. 17C October 27, 2009 Page 40 of 81 rt Parking; Exemption Location Map April 28, 2009 Y7, Fiddlers Creek Parkway Mainsail Drive NORTH Scale: N.T.S. 0 CL A- 05 0 a) 0 X"a UJ C) E U-1 -0 Subject Property M rco island ,,,,E)4.cutive -� ort Ip POP WE J yyyy :.7 J - ti v r fill Y b 491 fill fill a c. III Svv C� �'� 7 � � '• 1 C FMS ' f, f'� } • t l ; yl, , •� 1r I TING RUNWAY all & jul fill Lit all t i-6 O —..._1pQSTt?jC;. TAXNAY O C, I. 00 dj 0 1,— (D -0 15' MDE TYPE 8 OU"M MM HMN 0 x C'4 -J 0 R CL 2 E W CU CL :a R 00 all & jul fill Lit all t i-6 O C, I. 15' MDE TYPE 8 OU"M MM HMN 00 0 rA ND all & jul fill Lit all t i-6 O I ��N� WNW MOr Or OWi Oi ti pp�O�D OW �� nOO�O t0N W �DrC4 7 N NN W t"-Q QQQ N1n OI I� O.-n O� n0� �n1� Ol W N Z Ox.2G! J �� i J }}Z 4) }LL ILLL OIL LL LL Z LL LL R ZtJL ZYJ. 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Q W W W K W J' OF�x --;W �OZ K1Y -'° W J'� LC X `_>� � m-ai JVOx VZZZZ ZKU W Z J Wp�S0.x u w�'-� ZOZ ¢- O VVUV w�(n Z.',QapOa�'r -�Zw t[V anJ may �w cr W O Q J��'sL W W W t1 TVU1�¢xmOR W W W xwog W m� O x g H J W z = >QV ,000YY Q 2 w W U�. J K} J J J J J O L- 0 A D D W Z Z V D O d w w g o< x x OX �2 O¢ a = ~ ~~ G¢ d¢ W fQndmQD00000�a��>-o2 SS Z a d goof V UV OOu. C7 U' -�-� -� Y YY f �� 7 �x W w 2(n W wNWW V/ 0 ti a) COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW COLLIERGOV NET Agenda Item No. 17C October 27, 2009 2800 NORTH HORSESHOE DRpMage 44 of 81 NAPLES, FLORIDA 34104 (2391403 -2400 FAX (2391643 -6968 PARKING EXEMPTION PRE - APPLICATION MEETING NOTES Date: ���� rime: � 30 Firm: %_j L c�u MI I r - 1�Jras.�, gL d Ar►� tU Project Name: KA�;co 5hol'�n�s�•.Acsmart_4'cit+f�c, 6kenn�-%tCt[�y1 Applicant Name: P!C'% taov+ /au.�trnC;6L U Phone: �T�! 044 Owner Name: c..�thje r Cen n" Phone: Owner Address: t City State ZIP Zoning of both tracts Assigned Pla Meeting Notes Assigned Planner: Please check necessary reviewing departments: Comprehensive Planning ,j Landscape Transportation Environmental Graphics _f r aT ^ Other C.AQ C«U M.Aeco Page 1 of 3 PE- PL20090000260 REVA MARCO ISLAND EXECUTIVE AIRPORT DATE: 5122/09 DUE: 618/09 G: \Current \Pre - Application Forms 2008 \PE - Parking Exemption Pre- application.doc Agenda Item No. 17C October 27, 2009 PARKING EXEMPTION (PE) 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. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Completed Application download from website for current form)v 20 Pre-Application meeting notes 20 Conceptual Site Plan 24" x 36" 20 Site Plan 8 1/z " x 11" t.D c-opq 1 Narrative Statement (based upon LDC Evaluation Criteria ) ,A1 20 Warranty Deed 2 ✓' Owner/Agent Affidavit, signed & sealed 1 ✓' Boundary Survey, no more than 6 months old (24" x 36" )V 4 Electronic copies of all document & Plans J, 1 Addressing Checklist 2 Location Map 2 10 -Year Lease Agreement (see LDC 4.05.02.K.2.a ) 2 ✓' Other Other Fees: The following are current; however the fee schedule is subject to change. The petitioner will be required to pay fees in compliance with the adopted Collier County Fee Scheduled in effect when the petition is accepted by Collier County. ® $1,500 Public Hearing Application Fee ® $500.00 Pre - application fee credit (Applications submitted 9 months or more after the date of the last pre - application meeting shall not be credited towards application fees; a new pre - application meeting may be required. ® $925.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt Naples Daily News Invoice). -- ® $500.00 Legal Advertising Fee for BCC meeting G'Irft- Property Owner Notification Fees. Property Owner Notifications $1.50 Non - certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) Signature Page 2 of 3 G:1Current\Pre- Application Forms 20081PE- Parking Exemption Pre- application.doc Agenda Item No. 17C October 27, 2009 PUBLIC PARTICIPATION REQUIREMENTS Page 46 of 81 LDC 10.03.05 F.3. "Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. Page 3 of 3 G:1Current\Pre- Application Forms 20081PE- Parking Exemption Pre- application.doc Agenda Item No. 17C October 27, 2009 Page 47 of 81 MEETING NOTES �? AUN i uta ;� ?7 -rWS 0 '-TAT (0" HAS Ceti S i vie tNS ,-F, �, -r� �w�a�o v •�,� Cp WjA;s4)t, -To, 3ir - w c- gF -r-Pr—= ccuwr � - MAwrar -y�y zi4.> ", �� MA-�N UE� O� NVh � �✓SA, � HAS �E N t�NS r �e�� T� g � T,{� G D I �A-Z - Le -.^eNel' A -ova, Cw 1dc--r d�✓fi �� '4r-9'Y .01 i n,- . )A, �rdGLi/l1 �t/o jlia d'rairiZ�� �c %J /v oy .s l iii te4> , W'LtOUGj4AV (r, -?WP) G� W .O V1 v 0 PO4 ©p ►J c m E 0 V a N 0 m E a rz m kS m +- N � a� w CL: h -a -a a Lb LU Ui c z G Z i z CL W W 0 Z Z � � m N O Q 4 V v N a N CR U .y m U D d CLl CV O m L W .0 C a a ca 1! i� t' t A J � v N a N CR U .y m U D d CLl CV O m L W .0 C a a ca 1! i� Agenda Item No. 17C October 27, 2009 Page 49 of 81 DeselemKay Subject: Pre -app PE; Sharon Umpenhour, applicant; Kay Deselem, planner Location: Conference Room C Start: Wed 4/15/2009 2:30 PM End: Wed 4/15/2009 3:30 PM Recurrence: (none) Required Attendees: DeselemKay; lenberger_s; Sharon Umpenhour; abbott_a; AuclairClaudine; beard_[; BuchheitDavid; CallisCraig; CasalanguidaNick; chrzanowski_s; DeltoroZamira; GustTatiana; jarrell_p; McNallBruce; muiler_r, PodczerwinskyJohn; riley_m; weeks—d; wiley_r Optional Attendees: SawyerMichael; GundlachNancy; AblerKenneth Meeting Request Number: 5589 Meeting Type: preapplication Requested By: Sharon Umpenhour on 19- Mar -09 Phone: 947 -1144 eMail: sumpenhour @gradyminor.com Representing: Folio: 59430620001 Zoning: Marco Shores Country Club PUD /DRI SPD /SIP: (Please coordinate with Mike Sawyer) Subject Type: Other (Parking Exemption) Location: Mainsail Drive Description: Parking Exemption Application for a parcel of land owned by Collier County to serve the Marco Island Executive Airport. -.4 Re (D 0 ra CL 22 I'C 0) QT q. O O v. WS CL 2 CL 0 1� O ON 4 Details Property Record Sketches � -Trim Notices Agenda ItelEw. � -P—f 1 October 27, 2009 Page 51 of 81 Current Ownership a Parcel No` 59430620001 Property Address NO SITE ADDRESS Legal MARCO SHORES UNIT 1 THAT POR- TION OF TRACT Q DESC AS FOLL: BEG NE CNR OF TR Q, THENCE ALG L E Ll S 11 DEG 59'55E 332.93FT `For more than four lines of Legal Description please call the Property Appraiser's Office. Section Township Range� —Acres Map No. Strap No. —26 51 26 1.01 6626 480400 Q 26626 I Sub No. 480400 MARCO SHORES UNIT 1 ' Miltacie Area "� Milia„ge ' u Use Code �— 86 GOVERNMENT 2 11.054 2008 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 10,100.00 { +) Improved Value $ 0.00 (=) Just Value $ 10,100.00 ( -) SOH Exempt Value $ 0.00 ( =) Assessed Value —$ 10,100.00 ( -) Homestead and other Exempt Value F $ 10,100.00 ( =) Taxable Value 11 $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date Book - Page �� Amount 09 120Q8 4395-1277 0212007 4162,;,2185 L $ 0.00 1-1-1200 3 3439-1260 $ 0.00 03 / 2002 2.999_- ..2989 $ 0.00 The Information is Updated Weekly. http : / /www. co ll i erappraiser. comIRecordDetai 1. asp ?Map =No &Fo l io I D= 00000 5 943 06200 01 4/15/2009 03/1912009 ThO I %tQj PAZ 2399479375 COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT Agenda Item No. 17C October 27, 2009 P 15i ,&f 81 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34144 Please complete the following and fax to the Addressing Department at 239 - 252 -5724 or submit in person to the Addressing Department at the above address, Form mush be signed by Addressing Parsonnel prior to pre appllcstfon mesfina. .vhease allow 3 days for- procassinst. Not all items wig apply to every project. items in bold typo are required. Forms older than B months will require additional review and approval by the Addressing Department, PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petkion Type) [] K (Blasting Permit) ❑ SDP (site Development Plan) ❑ BD (Boat Dock Extension) Carnival /Circus Permit ❑ SDPA (SDP Amendment) ❑ W131 (insubstantial Change to SDP) CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ SIP (Site improvement Plan) ❑ SIP; (insubstantial Change to SIP) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change _ Unplatted) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone ❑ VRP (Vegetation Removal Permit) ❑ RZ (Standard Rezone) ❑ VRSFP (Vegetation Removal & Site Fill Permit) {�,j OTHER Parking Exemption LEGAL DESCRIPTION of subject property or properties (copy of lengthy desorlptlon may be attached) 14 'LEASE SEE ATTACHED STATUTORY [TEED �,p ,�-� r�.,�., �, U_ PI-Al L -rro eA FOLIO (Property ID) NUMBER(s) of above (attach to, or associate With, legal description ri more than one) L04 '2-' 59430620001 STREET ADDRESS or ADDRESSES fas applicable, if already assigned) NO SITE ADDRESS * LOCATION MAP must be attached showing exact location of projectlslts in relation to nearest public roast right -of -way • SURVEY (copy -needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (lfapplicable) SITE DEVELOPMENT PLAN NUMBER (far exist;n4pr0fect4&1s1l9e only) SDP - or AR A ". -- "v 117 W-- • rAC Bey'4 & /US75 ADDRESSING CHECKLIST- PAGE TWO Agenda Item No. 17C October 27, 2009 P;VSM81 i Page 1 of 2 Project or development names proposed far, or already appearing in, condominium documents (if application; Indicate whether proposed or existing) Please Check One: 0 Checklist is to be F2x0d back 0 Personally Picked Up APPLICANT NAME: SHARON UMPENHOUR PHONE 947 -1144 FAX 947 -0375 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. FOR �TAFF USE ONLY Primary Number Address Number{ �...� -� Address Number Address Number Approved by: 1pt t_V� 3 "I Data: -- — 0 Q O Updated by: Date: IF OLDER THAN B MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF LEE Agenda Item No. 17C October 27, 2009 Page 54 of 81 BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT SHE HAS POSTED PROPER NOTICE AS REQUIRED BY COLLIER COUNTY ON THE PARCEL COVERED IN THE ZONING APPLICATIO N REFERENCED BELOW. i SIGN' )✓ OF APP I NT OR AGENT Sharon Umpenhour NAME (TYPED OR PRINTED) Q. Grady Minor and Assoc P.A., 3800 Via Del Rev STREET OR PO BOX Bonita Springs, Florida 34134 CITY, STATE AND ZIP PE- PL2009 -260, Marco Executive Airnort STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was sworn to and subscribed before me this 18th day of Au ust, 2009, by SHARON UMPENHOUR, personally known to me or whe predueed as iden4fma4en and who " /did not take an oath PAMELA M. HYYP MY COMMIS610N # DD 877771 Fz EXPIRES May 24,2013 LFN Bonded Thru Notsry PuWl, Underwriter$ SEAL Signature of Notary Public Printed Name of Notary Public tiom �O o o Lo ZNLO a� m �o[L m -;� -0O W d Agenda Item No. 17C October 27, 2009 PDI .RESOLUTION NO. 01— 29 Page 56 of 81 RELATING TO PETITION NUMBER PDI- 2001 -AR -1220 FOR INSUBSTANTIAL CHANGES TO MARCO SHORES PUD FOR PURPOSE OF REVISING THE MASTER PLAN BY THE RELOCATION AND RECONFIGURATION OF RESIDENTIAL PARCELS ONE AND TWO AND THE GOLF CLUB (CLUBHOUSE) TRACT, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and 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. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, and WHEREAS, the Collier County Planning Commission is authorized by the Board of County Commissioners to grant insubstantial changes to PUDs in accordance with Subsection 2.7.3.5 of the Land Development Code of Collier County, and WHEREAS, the Collier County Planning Commission, being the duly elected constituted Planning Commission 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 approving PDI- 2001 -AR -1220, for insubstantial changes as shown on the revised Marco Shores PUD Master Plan (Exhibit "A "), for the Marco Shores PUD, Ordinance Number 94-41, for the relocation and reconfiguration of Residential Parcel One and Residential Parvel Two and the Golf Club (Clubhouse) Tract for property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.3.5 of the Collier County Land Development Code, and WHEREAS, all interested parties have been given opportunity to be heard by this Commission in public meeting assembled and the Commission having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY the Collier County Planning Commission of Collier County, Florida, that: The petition filed by George Vamadoe, Esq., of Young, vanAssenderp, Vamadoe, and Anderson, P.A., representing WCI Communities, Inc., be and the same hereby is approved for making the noted minor design changes to the Marco Shores PUD Master Plan (Exhibit "A ") having the effect of revising the Master Plan by the relocation and reconfiguration of Residential Parcel One and Residential Parcel Two and the Golf Club (Clubhouse) Tract. Agenda Item No October 27, Page 57 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PDI- 2001 -AR -1220 be recorded in the minutes of this Commission and filed with the County CIerk's Office. This Resolution adopted after motion, second and majority vote. Done this 4rh day of nor 4 ar 2001. COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORMA 7C 81 su e@ F1.0 1 i ° S R- III g b its. Er Kn Svi Sk L� gg��•, e 512, UNI S a 4 r Y �s �6 c $ a w' r N 11 8q 051 S V Agenda Item No. 17C October 27, 2009 Page 58 of 81 �9zz 3 EXHIBIT "A" GOLF LF COURSE RSE COMMUNrrY Wits iMiller PUD MASTER PLAN 4 $ � as R £ $ "a Prepared For. WCI Commu dies. Inc. ntir� 4c� • "'�:°. • . � EXHIBIT "A" Agenda Item No. October 27, 2 Page 59 o ORDINANCE 94-41 c^ N+ M AN ORDINANCE AMENDING ORDINANCE NUMBER 814, r AS AMENDED, RELATING TO THE MARCO SHORES GOLF COURSE COMMUNITY, A PLANNED UNIT DEVELOPMESI ' BY PROVIDING FOR: SECTION ONE, AMENDMENTS -kO THE INDEX PAGE; SECTION TWO, AMENDMENTS TO �FNZ f LIST OF EXHIBITS PAGE; SECTION THREE,.AME=NG PROPERTY OWNERSHIP; SECTION FOUR, AMENDING; ACREAGE AND DENSITY ATTRIBUTABLE TO THE ;; PROJECT AND DELETING THE DEVELOPMENT SEQUENCZ AND SCHEDULING; SECTION FIVE, AMENDING THE NUMBER OF DWELLING UNITS, USES PERMITTED AND REGULATIONS; SECTION SIX, ADDING REGULATIONS FOR RESIDENTIAL PARCEL ONE AREAS; SECTION SEVEN, AMENDING PRINCIPAL USES AND STRUCTURES Q���4�� AND PLAN APPROVAL REQUIREMENTS BY ADDING CERTAIN USES AND BY ADDING REQUIREMENTS e� CONCERNING ANY RECONFIGURATION OF THE GOLF COURSE; SECTION EIGHT, DELETING THE X @ NEIGHBORHOOD COMMERCIAL DESIGNATION; SECTION g3 NINE, AMENDING THE NUMERICAL DESIGNATIONS FOR v THE UTILITY AREA SECTION OF THE PUD; SECTION Ae / TEN, AMENDING THE DEVELOPMENT COMMITMENTS TO SECTION PERMITTING IMPROVEMENTS WITHIN RIGHT-OF-WAY AND AMENDING THE NUMERICAL DESIGNATIONS FOR THE DEVELOPMENT COMMITMENTS SECTION OF THE PUD; SECTION ELEVEN, AMENDING THE MASTER PLAN; AND SECTION TWELVE, PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of Collier County, Florida, adopted Ordinance 81 -6 on February 10, 1981, which rezoned the Property from "A" Agriculture to "PUD" Planned Unit Development; and WHEREAS, the Board of County Commissioners amended Ordinance 81 -6 by its adoption of Ordinance 85 -56 on October 8, 1985; and WHEREAS, Johnson Bay Development Corporation, Petitioner, desires to modify the PUD document to change development regulations on certain parcels and to reconfigure certain development parcels and the golf course; and WHEREAS, Petitioner petitioned the Board of County Commissioners of Collier County, Florida, to amend the Marco Shores Golf Course Community Planned Unit Devolopment Ordinance, being Ordinance 81 -6, as amended by Ordinance 85 -56 (herein the "PUD Ordinance"); 6DOK 067rA 194 Words Underlined aro additions; Words et~k- -khre"b arc dalt,tiona. -1- u Agenda Item No. 17, October 27, 200 NON THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY Page 60 of6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO INDEX PAGE The Index page of the Marco Shores PUD (Ordinance ?:umber 61 -6, as amended) is hereby amended as follows: INDEX PAGE Y W LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP 6 DESCRIPTION SECTION I 1 -1 PROJECT DEVELOPMENT SECTION II 2 -1 UTILITY SERVICES SECTION III 3 -1 MULTI- FAMILY SECTION IV 4 -1 GOLF COURSE SECTION V 5-1 631TAiV; , -= UTILITY AREA SECTION Vii * § -1 DEVELOPMENT COMMITMENTS SECTION VETE 82 -1 SECTION TWO: AMENDMENTS TO EXHIBITS PAGE The Exhibits page of the Marco Shores PUD (Ordinance 081 -6, as amended) is hereby amended to read as follows: LIST OF EXHIBITS EM!;B;q"A svkde"ee of Genteel of Property EXHIBIT B vicinity Map EXHIBIT C Aerial photograph EXHIBIT D Boundary Map EXHIBIT E Site Plan EM!9; W43 Abserpt"" Sehe Hie and- EXHIBIT G Legal Description (See Exhibit D) EXHIBIT H E.I.S. Waiver SXH;B;%L-* Land Use Breakdown EXHIBIT J Statement of Conditions for Approval SECTION THREE: AMENDMENTS TO SECTION I Subsection 1.04, Title to Property, of Section I, Property Ownership & General Description, of the Marco Shores 6o K t 3 , < <t1,�j Words underlined are addMionss ti1orako erue � are deletions. -2- Agenda Item No. 171 C; October 27, 200 Page 61 of 8 �1 PUD (Ordinance Number 81 -6, as amended) is hereby amended to r read as follows: K: 1.04'TITLE TO PROPERTY The property is deseribed in Gmhibit of r—P rerc:i =`- •s - . ��ss�a`r� v + � ! i h • 1 ..t SECTION FOUR: AMENDMENTS TO SECTION II Subsections 2.05, Project Density, and 2.06, Development Sequence and Scheduling, of Section II, Project Development, of the Marco Shores PUD (Ordinance Number 61 -6, as amended) are hereby amended to read as follows: 2.05 PROJECT DENSITY The total acreage of the Marco Shores property is approximately 321 acres. The maximum number of dwelling units to be built on the total acreage is !98.0 158c. The number of dwelling units per gross acres is approximately 6x15 g,,4•. The density on individual parcels of land throughout the project will vary according to the type of dwelling units placed on each parcel of land. 2 06 Exhibit F indieetes, by year, the estimated abserp., `-}en of Units anj IM640" As SECTION FIVE: AMENDMENTS TO SECTION IV Subsections 4.02, Maximum Dwelling Units, 4.03, Units Permitted, and 4.04, Regulations, of Section IV, Multi - Family, of the Marco Shores PUD (ordinance Number 81 -6, as amended) are hereby amended to read as follows: 4.02 MAXIMUM DWELLING UNITS A maximum number of &989 2M dwelling units may be constructed subject to stipulations in attached E::hibit J. 4.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: (1) Multi - family residential buildings and single family detached. (2) Parks, playgrounds, playfields and commonly owned open r space. ��±± tool! f T Aq J96 Words underlined are additions; Words elrwargb are deletions. -3- d Agenda Item No. 1T October 27, 200 Page 62 of 8 (3) Water management facilities. 141 Golf Course uses [11. (51. and (61 as set forth in 5.02.A. B. Principal Uses Requiring Site Plan Approval: (1) lion - commercial boat launching facilities and multiple docking areas with a maximum extension into the waterway of 20 feet. (2) Recreational clubs, intended to serve the surrounding residential area. (3) individual housing units including townhouses, zero lot line, villas and cluster housing. (4) Boardwalks vieyinc stands or docks and nature trails not associated with any particular mu family development. C. Permitted Accessory Uses and Structures: (1) Customary accessory uses and structures, including parking structures. (2) Signs as permitted by the Zoning Ordinance cf Collier County. (3) Model homes, apartments and sales offices shall be permitted in conjunction with the promotion of the development. shall be permitted See & peried ex tAwe ;zr years from - the - initie! use as a seedel, cAr- Pireeter +I 4.04 REGULATIONS AS TO RESIDENTIAL TRACTS Regulations as to Tracts A, T, U and Tracts C -1 & E 4.04.01 MINIMUM LOT AREA: Multi- Family: One (1) net acre. Single Family Detached: 7500 square feet. Other Residential Types: In conformance with approved site development plan. 4.04.02 MINIMUM YARDS: MULTI- FAMILY A. From right -of -way lines of public and private roads, thirty (30) feet or one -half (1/2) the height of the structure, whichever is greater. B. From tract boundary lines, twenty (20) feet or one -halt (1/2) the height of the structure, whichever is greater. C. Distance between any two principal structures, one -half (2/2) the sum of their heights but not less than twenty (20) feet on the same tract. D. In the case of clustered buildings with a common architectural theme, these distances may be less prrovided /that a site plan is b0ty HP ''IQ 197 Words Underlined are additions; Words etruele thevaigh are deletion=. -4- wsss Agenda Item No. 171 October 27, 200 Page 63 of 8 approved in accordance with Section II. 4.04.03 MINIMUM YARDS: INDIVIDUAL UNITS A. Single family Detached: (1) Front setback 30' (2) Side setback 7 -h" (3) Rear setback 201 B. Other than single - family detached:' All setbacks in accordance with the approved site plan. 4.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES, A. Seven (7) stories above the finished grade with option of having one (1) floor of parking beneath the allowable seven (7) stories. B. Accessory structures shall be limited to a maximum of thirty (30) feet above finiched grade of the lot. 4.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Principal use structures shall contain a min'uum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 4.04.06 OFF- STREET PARKING Principal uses shall provide a minimum of 1.5 parking spaces per dwelling unit. An additional one -half (.5) space per unit must be reserved for future parking if needed. This reserve area shall be grassed or landscaped. 4.04.07 OFF - STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 4.04.08 USABLE OPEN SPACE: For each multi - family dwelling unit, a minimum of one- hundred (100) square feet of usable open'space, exclusive of the golf course area, shall be provided on the site. This space may be providei as swimming pools, pool decks, tennis courts, landscaped areas or other common recreational facilities. SECTION SIX: AMENDMENTS TO SECTION IV Subsection 4.05, Regulations for Residential Parcel One, and 4.06, Regulations for Residential Parcel Two, of Section IV, Multi- Family, of the Marco Shores PUD (Ordinance 81 -6, amended) are hereby added to read as follows: Words underlined are additions; Words are deletions. -5- Agenda Item No. 17C October 27, 2009 Page 65 of 81 FFM (2) side setback 7 -411 (3) Rear setback 20' t • r• !t f • • SECTION SEVEN: AMENDMENTS TO SECTION V Subsections 5.02, Permitted Uses and Structures, and 5.03, Plan Approval Requirements, of Section V, Golf Course, of the Marco Shores PUD (Ordinance Number 81 -6, as amended) are amended to read as follows: 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall b2 erected, altered or used, or rlaannd :)r water used, in ` 6 1 toot PA,,! 2W Words underlined are additions) Words at-re wjh are dr-letion3. d whole or in part, for other than the following: A. (1) Golf Course Agenda Item No. 17C October 27, 2009 Page 66 of 81 (2) Golf Clubhouse (3) Tennis Courts (4) Tennis Clubhouses (5) Transient lodging facilities not to exceed 5o units. (6) Water management facilities: lakes, including lakes with seawall and other tunes of archi- tectural bank treatment. 172 Sales Office. B. Permitted Accessory Uses and Structures: (1) Pro -shop, practice driving range and other customary accessory uses of golf course, tennis clubs or other recreational facilities. (2) Small commercial establishments, including gift shops, golf and tennis equipment sale3, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons cf the golf course or tennis club or other per- mitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. (3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. (4) Signs as permitted in the Zoning ordinance of Collier County. (5) Maintenance shops and equipment storage. (6) Non - commercial plant nursery. 5.03 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifica- tions. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: (1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. (2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. (3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring pro erties from direct glare or mt f rm parr 201 Words underlined are additions; Words are deletions. -a- Agenda Item No. 17C October 27, 2009 other interference. Page 67 of 81 (4) A site plan shall be-provided showing pertinent structure locations and landscapinS. SECTION EIGHT: AMENDMENTS TO SECTION VI Section VI, Neighborhood Commercial, of the Marco Shores PUD (Ordinance Number 81 -6, as amended) is hereby amended by deleting the entire Section as follows: She purpose e4 this Sestlen 4s " eel Earth the erg}�t,r__;s- t��ens for the area desif"&ted en S�rib#!f ar Site Pien, 4%e Neighberheed Gewmereial area #e intended tre meet !sea! ne#ghberheed shopping a" persena -1 se _e ids of the surreunding residential-- areo, Retail =, .tea permit` -_'_ are intended to inelude privneril eonvesrIerre3 goods whish are usually a daily "seessity for the residential neighberbeed No buildi" er - er part thereof, ehall be erested7 aver" or used, or land or wa*er aged, 4:n +1+ Auteeeh -10 eerv4ee stalsdans Without repe#rs frt aGeordense with tersr f2"} Baker shops - i"eludin baking ePA-'t w-hin, r 3 Banks and f I -__-t _ i t- rviTVii��2wlTSr'�N+ -(-4+ 7�_\ r a Berber and beauty shapo-1pv t .. l _ - males _- _nl -sex. .t _- -f6+- +7+ Ghorehes ' tooK :6714 Words underlined are additions; Words stmelt threft9h are deletions. -9- u {16} Dry er -eiaar k"I'* (&&! Family - or" ar� W) Plark6% she" +&4+ Food Markete-r (964 ) Gift shopew. KS) Hardware at-or ;Be _ _a" she +14+ Laundries,-ee Agenda Item No. 17C October 27, 2009 Page 68 of 81 I. 24} &i shape -- radio, 9V-� om&;:& ap,,jjftne+esr (gs5) (26) MY ether eanneveia! V" or professlsne4 aett visa whin e " eavaperreable nth fa-rege -'-" gees a" whieh the Direeber deter veanagement facklities. +1+ Aeeessery. used *nd ebrustureo eusbemar4-1j+ e- saee#abad with Qhe areas permed 4-n this d4strisb r -fQ C`r 6 ref iieher 6,-63 A-r From right of lines of pub l i s e-%& pr k -vat s reads, thi"ty fag) feet. 8r Fee residential treeb bury des, t-4t4rrty (;q) Feet Gr tow x'67 Pa4E M3 Words underlined are additions; words struelt through are deletions. -10- Agenda Item No. 17C October 27, 2009 Page 69 of 81 Ail buildings she!! be separateA twenty -rive +2_51L Ee^t or ene -key {) "e see of their heights w:'m-ve-r 1-s greeAer ex-eept kh" 4n the setae s# el"etered Leo with Q eownen ershiteetv 0tewe these distaneee may b- less prow#ded that a e#Ee plait 4s approved Ott Qerr m-A_anee with nee d s vn ;r Y %%arty -fire {35} to" above the 44149h" gr*dQ e4 the lotr he required by the $e}tkney Grd#nanee of Ga i l k er Goim y et he required by the Bonin Ord i name of eel i k e 8ount-y of tints of building permit As permitted 'i'TT the Bonin s ardknenes e4 Gelli'e Lighting facilities sha!! be a'rranged 4n a spanner whie will preset roadways end neighboring properties - 4t-oss direst light-r sphere she!! be no eeibs#de sterage or display of merebaft- d4ma. Utility aree 4neluding broeh shall be eampletely sereened deep+ the wia%r of eestemers and edjeeen$ =`_ j owners to a height of 64* -{-6j- feet level SECTION NINE: AMENDMENTS TO SECTION VII Section VII, Utility Area, of the Marco Shores PUO (Ordinance Number 81 -6, as amended) is hereby amended to read as follows: SECTION *14 yj UTILITY AREA * .6.01 PURPOSE The purpose of this Section is to set forth the regula- tions for the area designated on Exhibit E, Site Plan, as Utility Area. tt 600K i167►'A"` Words underlined are additional Words strueh through are deletions. -11- i Agenda Item No. 17C October 27, 2009 Page 70 of 81 2 PERMITTED USES AND STRUCTURES No building or I structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the'following: A. Principal Uses: (1) Potable water treatment and distribution facilities. (2) Sanitary waste water collection treatment and disposal facilities. (3) Utility services equipment, storage and main- tenance. (4) Utility services offices. (5) Lawn or golf course maintenance shops and equipment storage. (6) Any other use associated with maintenance or utility services when approved by the Direc- tor. (7) Water management facilities. S. Permitted Accessory Uses and Structures: (1) Accessory uses and structures customarily associated with the uses permitted in this district. (2) Signs as permitted in the zoning ordinance. 3 MINIMUM YARD REQUIREMENTS A. From right -of -way lines of public and private roads, thirty (30). B. All other, none. 4 MAXIMUM HEIGHT Thirty -five (35) feet above the finished grade of the lot. 5 MINIMUM FLOOR AREA None. rION TEN: AMENDMENTS TO SECTION VIII Section VIII, Development Commitments, of the Marco res PUD (Ordinance Number 81 -6, as amended) is hereb.x nded to read as follows: SECTIONS YU DEVELOPMENT COMMITMENTS 1 NATURAL RESOURCES Prior to undertaking any alterations within or eifcctin; the tidally - influenced wetland included in the site, tha san flPPAQ W5 inderlfned are additions; Words s%rueh fahrov, are deletions. -12- IF Agenda Item No. 17C October 27, 2005 ' Page 71 of 81 applicant shall: A. Obtain all necessary permits, approvals or waivers from county, state and federal agencies; and, B. Limit the extent of alterations within the wetlands areas to reduce short and long term environmental impacts; and, C. Insure that no alteration or filling within the wetland area shall be conducted except as required to improve the access road at its intersection with State Road 951 unless otherwise approved by the Director for work required by the future develop- ment of Unit 30, Marco Shores. 87_.02 DRAINAGE A. Upland Areas (1) The applicant shall provide all necessary detailed drainage plans, studies and specifi- cations to the State of Florida Department of Environmental Regulations, the South ? cri:!a Water Management District and Collier County for approval prior to issuance of permits }ry Collier County. The detailed drainage dens shall include the data requested by South Florida Water Management District in thsir letter of August 29, 1980, and which is nacre a part of this PUD Document. (2) The minimum building floor elevation shad be as indicated on the Flood Insurance Rate Map for Collier County. B. Wetland Area The applicant shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Comrission and Board of County Commissioners of Collier County, the State of Florida Department of Environ- mental Regulation and the South Florida Water Management District for approval prior to the issuance of any construction /development permits by Collier County. 8,2.03 PUBLIC FACILITIES A. Sewage Treatment Facility Marco Island Utilities, Inc. will provide sawtce treatment facilities for the project. Marco =slcnd Utilities, Inc. will provide necessary detailed plans and specifications for the collection, treat- ment and disposal of sewage from this development to the Department of Environmental Regulation and Collier County for approval prior the issuance of development permits. B. Water Treatment Facilities Water treatment facilities will be provided by Marco Island Utilities Inc. Marco Island Utilities, Inc. will provide necessary detailed plans and specifications to the Department_ o.'. Environmental Regulations and Collier County �cr 6oOK 067riq L Jfi Words underlined are additions; Words struelt thretigh are deletions. -13- Agenda Item No. 17C October 27, 2009 approval prior to the issuance of development Page 72 of 81 permits. Deltona Corporation will constract additional raw water transmission facilities from the rock pit southward along SR 951 and to the Marco Island Water Treatment Plant by 1984. 82.04 TRANSPORTATION A. Internal The project will be served internally by a system of public and private roads. Public roads will be located within public rights of way as indicated in Exhibit E, Site Plan. Private roads will serve the individual multi - family tracts. B. External Subject to the approval of the Florida Department of Transportation, the developers shall provida improvements as indicated in the attached Exhibit J. 8Z.05 FIRE PROTECTION The applicant shall provide for the strategic pltcement of fire hydrants as required in the Collier County subdivision Regulations. A fire station shall ba con- structed in accordance with the Southern Standard Building Code and as approved by the East Naples Fire Department on a site approved by the East Naples lire Department. 82.06 MOSQUITO CONTROL Through proper engineering design and closely coordin- ated construction activities, a positively graded drainage system without numerous or extensive isolated depressions (stagnant water areas) will be croat_d. Those assurances, in conjunction with appropriate lake maintenance operation, will reduce the potential for increasing mosquito breeding areas within the property. SECTION ELEVEN: AMENDMENT TO MASTER PLAN The Master Plan of the Marco Shores PUD (Ordinance Number 81 -6, as amended) is hereby amended by replacing it with a new Master Plan attached hereto and incorporated herein as Exhibit "E ". am 067PA,:t 207 Words underlined are additions; words struelt throwjh are deletions. -14- SECTION TWELVE: EFFECTIVE DATE Agenda Item No. 17C October 27, 2009 Page 73 of 81 This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 13th day of S • jtem' 6 3r-,". , 1994. � =. "O ATTESTS i BOARD O COUNTY CO14MISSIOh'ERS • DWIGHT E. BROL�R, CLERK COLLI COUNTY, DA. IMI- . A .0 BY: ~ TI O co T INE, C'ti OVED.A* TO ORM AND L AL SFrMCIENCY r w.ro�tl i . %n • �.0 �ll� O E M. STUDENT ASSISTANT COUNTY ATTORNEY PUD -80 -40(2) ORDINANCE /12230 Thk ad mpce OW wMh 00 of S WiOf ifyy e�caMd doy ow"r Cwk so% 667rAr,! A18 Words underlined are additions; words ebrask the are deletions. -15- t i 1 - L l'1�I � � • �'1,i �-....- - -- _ .. *14f4mxi +ws.w AJX&%UU Q d� ' 1l�il�ili 30cn>J. ONIN , fs-' �Z U v- 0 8 a (l � EtEb�': ' o tln i OW, 1,44L91; 11009 • � r At ,�.r �� •�� J i ff! � y � r 3 S r )L IIII IIIJililllfll llllllllllllllllJlilllll l,llllllllilll�,l_li y STATE OF FLORIDA ) COUNTY OF COLLizn ) I, DWIGHT E. BROCK, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 94 -41 which was adopted by the Board of County Commissioners on the 13th day of September, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of September, 1994. DWIGHT E. BROCK Clerk of Courts•and Clerk Ex- officio to Board of „f �,•_�.� County Commissioners. •• , � ��, /s /Maureen enyon Deputy Clerk boa( 067 FAZE 210 Agenda Item No. 17C October 27, 2009 Page 76 of 81 RESOLUTION NO. 09- A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PL- 2009 -260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MARCO SHORES PUD, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto adopted a Land Development Code (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.02 of the Land Development Code sets forth requirements and standards for off-street parking and loading facilities and permits an exemption from these standards under certain circumstances; and WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to consider Parking Exemption Petition PL- 2009 -260, which requests a Parking Exemption within the residential PUD known as the Marco Shores PUD, on a 1 +/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport as shown on the Site Plan attached as Exhibit B, and has found that the criteria set forth in Section 4.05.02.K.3. of the Land Development Code has been met and the Petition should be approved; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented. PE- PL2009 -260 REV. 10/12/09 Page 1 of 2 Agenda Item No. 17C October 27, 2009 Page 77 of 81 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition PL- 2009 -260 filed by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing the Collier County Airport Authority, is approved to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport within the residential PUD known as the Marco Shores PUD, on a 1 +/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. The parking lot shall comply with the Site Plan attached hereto and incorporated herein as Exhibit "B ", and shall be subject to the conditions set forth in the attached Exhibit C. I:.. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: �O Heidi Ashton -Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A - Legal Description Exhibit B - Site Plan Exhibit C - Conditions of Approval 09- CPS - 00958/22 PE- PL2009 -260 REV. 10/12!09 Page 2 of 2 2009. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman I Agenda Item No. 17C October 27; 2009 Page 78 of 81 '* OR: 4395 PG: 1278 art EXHIBIT "A" That portion of Tract Q, Marco Shores Unit One, a subdivision according to the Plat thereof as recorded in Plat Book 14, Pages 33 through 38, Public Records of Collier, Florida, more particularly described as follows: Beginning at the northeast corner of Tract "Q "; thence along the east line of said Tract "Q ", South 11 059'55" East, 332.93 feet to a point on the north right- of-way line of Mainsail Drive according to the plat of said Marco Shores Unit One; thence along said right -of -way line South 77 °54'19" West 131.94 feet; thence leaving said right -of -way line North 12000'24' West 307.62 feet to a point on the boundary of said Tract "Q "; thence along said boundary in the following two (2) . described courses. 1) North 24045'16' East 7.32 feet; �,S�R Cotr 2) North 69014'17' East 129.11 a Point o g of the parcel herein described. Bearings are based on the a r s i th 119'50'55" East. 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The Parking Exemption is limited to a maximum of 71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals thru all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures ._ or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site Development Plan (SDI?) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. Exhibit C CONDITIONS OF APPROVAL 7 -22 -09 Page 1 of 1 Agenda Item No. 17C October 27, 2009 Page 81 of 81 20D • Sunday, October 11; 2009 • Naples Daily News 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, October 27, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiaml Trail, Naples, Florida. The meeting. will be- gin at 9:00 A.M. The title of the pro- posed resolution is as follows: A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUN- TY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PE -PL- 2009 -260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MAR- CO SHORES PUD, LOCATED IN SEC- TION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Petition: PE- PL- 2009.260, Collier Coun. ty Airport Authority, represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Code Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve em- ployees and patrons of the Marco is- and Executive Airport. Subject prop. erty is located on a 1' acre tract within Section 26, Township 51 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 presentation 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' organization or group is encouraged. , If recog- nized 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 graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials in- tended to be considered by the Board shall be submitted to the appropriate 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 record. Any person who decides to appeal a decision of the Board will neep a re- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in or- der to participate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Fa- cilities Management Department, lo- cated at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252.8380. Assisted listening de. vices for the hearing impaired are available in the County Commission- ers' 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) October 11 2009 No181e84i