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CCPC Agenda 06/16/2020
Page 1 of 3 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., JUNE 16, 2020, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: AS PART OF AN ONGOING INITIATIVE TO PROMOTE SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC, THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENTS REMOTELY, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY, SHOULD REGISTER ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE WHICH IS 6 DAYS BEFORE THE MEETING THROUGH THE LINK PROVIDED ON THE FRONT PAGE OF THE COUNTY WEBSITE AT www.colliercountyfl.gov. INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION ABOUT THE MEETING, PLEASE CALL THOMAS CLARKE AT (239) 252-2526 OR EMAIL TO CCPCRemoteParticipation@CollierCountyFL.gov. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD 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 TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA A. Election of Officers 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES – February 20, 2020 and March 5, 2020 6. BCC REPORT- RECAPS 11.D.2 Packet Pg. 1643 Attachment: 01- 6-16-2020 CCPC Agenda (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 3 7. CHAIRMAN’S REPORT 8. CONSENT AGENDA 9. PUBLIC HEARINGS A. ADVERTISED: 1. PL20180002668: An Ordinance of the Board of County Commissioners amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Map Series to add the Ventana Pointe Residential Overlay, to allow a maximum density of 77 dwelling units through a base density of .2 dwelling units per acre plus density bonuses for native vegetation and transfer of development rights for a total maximum density of approximately 2 dwelling units per acre, for property within the Rural Fringe Mixed Use District-Receiving Lands, and furthermore directing transmittal of the amendment to the Florida Department of Economic Opportunity. The subject property is located on the south side of Immokalee Road, approximately two miles east of Collier Boulevard, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of 37.62± acres. (Companion PL20180002669) [Coordinator: Corby Schmidt, AICP, Principal Planner] 2. PUDZ-PL20180002669: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as Ventana Pointe RPUD, to allow construction of up to 77 detached single family dwelling units on property located on the south side of Immokalee Road, approximately two miles east of Collier Boulevard, in Section 25, Township 48 South, Range 26 East, consisting of 37.62± acres; and by providing an effective date. (Companion PL20180002668) [Coordinator: Timothy Finn, AICP, Principal Planner] 3. BDE PL20190000673: A Resolution of the Collier County Planning Commission relating to a request for a 3.4-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 23.4 feet to accommodate a docking facility with one boat slip for two jet skis, including one jet ski lift, for the benefit of property located at 164 Tahiti Circle, also described as Lot 150 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] 4. CU-PL20190000948: A Resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 11-149 which provided for the establishment of a conditional use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district, and within the Rural Fringe Mixed Use District Sending Lands Zoning Overlay and within the North Belle Meade Zoning Overlay, pursuant to Subsection 2.03.01.A.1.c.12 of the Collier County Land Development Code, to allow an air curtain incinerator on 3± acres of the 28.76± acre property located east of the Naples Landfill, north of I-75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (Companion to PL20190001052) [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] 11.D.2 Packet Pg. 1644 Attachment: 01- 6-16-2020 CCPC Agenda (12706 : Collier County Planning Commission - June 16, 2020) Page 3 of 3 5. PL20190001052: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to allow an air curtain incinerator as a conditional use in the Rural Fringe Mixed Use District-Receiving Lands. The subject property is located east of the Naples Landfill, north of I-75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida, consisting of 3 acres of the 28.76± acre property; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (Companion to PL20190000948) [Coordinator: Corby Schmidt, AICP, Principal Planner] 6. PL20190002545 –Not to be heard before 1 pm. An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to eliminate the seating limitations and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two – Zoning Districts and Uses, including Section 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy Frantz, AICP, LDC Manager] B. NOTICED: 10. NEW BUSINESS 11. OLD BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/dl 11.D.2 Packet Pg. 1645 Attachment: 01- 6-16-2020 CCPC Agenda (12706 : Collier County Planning Commission - June 16, 2020) Proposed Agenda Changes Collier County Planning Commission June 16, 2020 Add item 5-Approval of Minutes Approval of February 20, 2020 and March 5, 2020 Collier County Planning Commission meeting minutes. Time Certain Items: 6/17/2020 3:41 PM 11.D.3 Packet Pg. 1646 Attachment: 01A - June 16, 2020 Proposed Agenda Changes (12706 : Collier County Planning Commission - June 16, 2020) February 20, 2020 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 20, 2020 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Mark Strain, Chairman Karen Homiak, Vice Chair Edwin Fryer, Secretary Patrick Dearborn Karl Fry Stan Chrzanowski, Environmental Joe Schmitt, Environmental Tom Eastman, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jeffrey Klatzkow, County Attorney Heidi Ashton-Cicko, Managing Assistant County Attorney Page 1 of 90 February 20, 2020 PROCEEDINGS CHAIRMAN STRAIN: Good morning, everybody. Welcome to the Thursday, February 20th meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Roll call by the secretary, please. COMMISSIONER FRYER: Mr. Eastman? (No response.) COMMISSIONER FRYER: Mr. Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER FRYER: Mr. Fry? COMMISSIONER FRY: Here. COMMISSIONER FRYER: I'm here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER FRYER: Vice Chair Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER FRYER: Mr. Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER FRYER: Mr. Dearborn? COMMISSIONER DEARBORN: On time; here. COMMISSIONER FRYER: Chair, we have a quorum of seven. CHAIRMAN STRAIN: Thank you. Planning Commission absences. Our next meeting is March 5th. Does anybody know if they're not going to make it? I think, Joe, you mentioned -- COMMISSIONER SCHMITT: I will not be here March 5th, no. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: We still have a quorum then. That takes us to the approval minutes, and we were sent electronically the January 16th minutes. Does anybody have any changes? If not, is there a recommendation -- or a motion to approve? COMMISSIONER DEARBORN: So moved. CHAIRMAN STRAIN: Made by Patrick to approve. COMMISSIONER FRY: Second. CHAIRMAN STRAIN: Second by Karl. All those in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. And Tom Eastman has arrived. Next, Ray, BCC report and recaps? MR. BELLOWS: Yes. On February 1 lth, the Board of County Commissioners heard Page 2 of 90 February 20, 2020 the parking exemption for the dental office on U.S. 41 north, and that was approved 5-0. CHAIRMAN STRAIN: Okay. Thank you. Chairman's report. There is none. We'll move to consent, which is none, and we'll move directly into public hearings. We have seven scheduled hearings today. ***The first one is 9AL This item's been continued from the January 16th meeting and the February 6th CCPC meeting. It's for PL20190000259. It's for the ShadowWood Planned Unit Development, and it's also known as Wing South. It's off of Santa Barbara near east -- east of Santa Barbara off Rattlesnake Hammock Road. All those wishing to testify on behalf of this item, please rise to be sworn by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Disclosures. We'll start with Tom. MR. EASTMAN: No disclosures. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: I talked with Mr. Yovanovich, and I'm pretty sure I didn't get any correspondence on it. CHAIRMAN STRAIN: Okay. Karl? COMMISSIONER FRY: Just what we received from staff and a conversation with Mr. Yovanovich. CHAIRMAN STRAIN: Ned? COMMISSIONER FRYER: Same, plus I met with staff. CHAIRMAN STRAIN: The same. When I was in my office, I had started ex parte on this one and had some recent conversation again with Mr. Yovanovich yesterday. I talked to a few citizens about mostly procedure and what was actually being requested. And something else -- I don't think I met with staff. So I think that's about all. Go ahead, Karen. COMMISSIONER HOMIAK: I spoke to Mr. Yovanovich. CHAIRMAN STRAIN: Joe. COMMISSIONER SCHMITT: Spoke with Mr. Yovanovich about this item. CHAIRMAN STRAIN: Patrick. COMMISSIONER DEARBORN: Did not speak with Mr. Yovanovich, but normal communications via email. CHAIRMAN STRAIN: Okay. Thank you. Rich, it's all yours. MR. YOVANOVICH: Thank you. Good morning. For the record, Rich Yovanovich on behalf of the petitioner. With me today, also representing the petitioner, are Bill Barton and Chris Hagan. CHAIRMAN STRAIN: That's the one I was -- I met with those two fellows before you were involved, so thank you. MR. YOVANOVICH: So what you have before you today is an amendment to an existing PUD known as the ShadowWood PUD. I want to put an aerial up. Do I have it right? Is that the right direction? The ShadowWood PUD is an existing PUD; allows for single-family development on what is Tract B on this aerial. It allows currently for multifamily on what is Tract A and Tract E on this aerial. And Tract C is actually a private airpark. Around that private airpark -- let me get a little bit closer up -- is some RSF4 zoning on which a residential condominium has been developed which is not part of the PUD, but it's surrounded by the PUD on the north, east, and south. Candidly, the first time I ever went into Wing South, I thought it was part of the PUD, but it's not part of the PUD. Page 3 of 90 February 20, 2020 What we're here to ask for today is to add to the master plan three potential access points to Tract E, amend -- you can see the three access points on the PUD which would provide access to Adkins, Whitaker, and Polly. Also where you see where it says "airpark north," that's a remnant commercial piece that was intended to be deleted from commercial use in a previous amendment in 2008. We'll make that part of Tract E. We're not proposing to make any changes to the existing density. We are also adding to the permitted uses on Tract E single-family. Currently it only allows multifamily. The PUD is currently approved for 574 residential units on approximately 168.1 acres. What's a little bit unique about this project, besides the fact that it's kind of got an RSF4 parcel in the middle of it that's not part of the PUD, is the roads within that condominium that's on the RSF4 zoning also serves as a taxiway for the airplanes that the owners of those -- even though they're condo units, they're single-family homes, own and fly in and out of the airpark on. So there is -- that roadway serves multiple purposes. It's the access for the residents for their cars as well as their airplanes, and as the PUD is currently written, is the access for the multifamily units that would go onto Tract E. The reason, I believe, that -- I'm 99 percent sure if I were to bring you the PUD today with the existing conditions, there wouldn't be a -- you probably would not allow us to use the access points through that condominium project because it's being used by both airplanes and cars, but at the time this PUD was going through the process, Santa Barbara Boulevard did not exist, and the only access was Rattlesnake Hammock. So the access for that Tract E is, in fact, through that RSF4-zoned property. Our request, as I mentioned before, is to add those three points which are access points to county public roads. We'd like to use those public roads for the traffic that would be generated from Tract E. Mr. Hagan prepared a traffic analysis that was reviewed by your transportation staff, and your transportation staff is recommending approval of those access points to allow traffic from Tract E to find its way to Santa Barbara Boulevard for its access instead of going through to Rattlesnake Hammock. It's pretty simple, short and sweet. PUD amendment pertaining to the access, changing Tract E to allow single-family, and converting that roughly 4-acre parcel in the northeast corner from commercial to residential. Your staff is recommending approval. We're consistent with the Growth Management Plan. There is one deviation relating to a buffer along the north and east property lines, and staff is recommending approval of that deviation. I think Tim may have a couple of modifications that need to be read into the record with regard to the PUD. It's in your backup, but it may not be attached to the ordinance. One of them -- and I think -- I'll put them up, Tim, and if I miss one, you please help me. One of the conditions would be added to the transportation conditions, which I've highlighted on E, and that's basically to provide for a fair share of the cost to put necessary traffic management improvements to any of the public roads that we access, either Polly, Whitaker, or Adkins. That language is in the ordinance behind you. I know Ms. Ashton-Cicko may need to look at that and maybe tweak it. I don't know if she's seen that language. And I think there -- MS. ASHTON-CICKO: I know what it says. I did not review it before it's gone into the package. I know what it says, but I don't know what it means. So it needs to be tightened up to what actually what you're doing. MR. YOVANOVICH: I understand. And I'm happy -- our intent is we pay our fair share for whatever traffic -calming devices the county may require as part of the improvements to Whitaker or Adkins or Polly. And then I think there might be a setback issue that we need to address. Am I correct, Page 4 of 90 February 20, 2020 Tim? MR. FINN: Yeah. In section -- of the ShadowWood PUD, Section 4.3(i), the Development Standards Table, in the original PUD from November 26th, 2019, the last column, recreation areas, that actually changed to amenities with the Footnote No. 6. And the -- under principal structures, under that column, under single-family as well as single-family attached, single-family zero lot line, what was added to both of those items was 23 feet with the footnote of No. 5. Back to the amenities column, accessory uses, minimum front yard, that's 12 feet. CHAIRMAN STRAIN: You know, if you're doing this for our benefit, it's not working. If you put it on the overhead, and we follow it through the overhead when you get to staff report or if the applicant wants to do it, that will be a more effective way of getting that accomplished. MR. YOVANOVICH: I'll let Mr. Finn work through the setbacks, if you don't mind. CHAIRMAN STRAIN: Oh, I don't mind. As long as we've got -- we need a visual to follow it. MR. YOVANOVICH: I was going to try to help, but if we could go through those. Mr. Strain, if you want to do it before now, or do you want to do it -- CHAIRMAN STRAIN: It doesn't matter. It's going to come up one way or the another. Whatever you guys like to start it off. MR. YOVANOVICH: I just thought I'd try to get it all complete before you went to staff or started asking questions. CHAIRMAN STRAIN: Yeah. We usually finish with you, but if you wanted to do it as part of your presentation, it's up to you. MR. YOVANOVICH: I was just trying to help Mr. Finn. Do you want to do it? Okay. MR. FINN: So, again, to rehash, the recreational areas column, that changed to amenities with Footnote No. 6, or minimum front yard, the footnote 23 feet with -- well, no. I'm sorry. The setback changed to 23 feet with the Footnote No. 5. And under amenities, back to be amenities column, that had changed with the minimum side yard from 10 feet to 12 feet. And as illustrated, Footnotes No. 5 and 6 were added. CHAIRMAN STRAIN: Okay. MR. FINN: And that's it. CHAIRMAN STRAIN: Thank you, Tim. MS. ASHTON-CICKO: There is another change in the commitment section. Item F is new. And that one also needs to be cleaned up a little bit as well. MR. YOVANOVICH: But I thought that was in the previous version. MR. FINN: I have it if -- MS. ASHTON-CICKO: Keep going. MR. YOVANOVICH: I think this is what you're talking about, too. MS. ASHTON-CICKO: No. Tim has it. It's making provision for potable water services, so I don't know what that means, "making provision," and I don't know if you're talking about extensions that are done by the county or by the developer or -- there's some lack of clarity there as to what that means. MR. YOVANOVICH: We would be extending utilities to our property, and that's what that -- we'll clarify that with you, if that's okay. MS. ASHTON-CICKO: Okay. Okay. COMMISSIONER FRYER: In addition to water? MR. YOVANOVICH: We will be bringing water through, and I have an exhibit to show you. MS. ASHTON-CICKO: Has someone from Utilities reviewed that language and okayed it? Page 5 of 90 February 20, 2020 MR. FINN: That I'm unsure of. I don't know. MS. ASHTON-CICKO: Is anyone from Utilities here? MR. YOVANOVICH: We'll clarify the language. This is an exhibit that shows water will -- how water will be coming from Santa Barbara which already has an existing water main to the site, and then sewer will be coming through the RSF4 property, so that's how it will be extended. And regardless of how -- even if this amendment were not approved, that's how water would be getting to this site, through public roads. So with that, I think that clarifies changes that occurred to the document between the originally scheduled hearing and what is before you today. It was in your backup materials but not attached to the ordinance. CHAIRMAN STRAIN: Okay. Is that -- MR. YOVANOVICH: That's it, I think. CHAIRMAN STRAIN: Okay. We'll start with questions from the applicant. Ned, do you want to start off? COMMISSIONER FRYER: Sure. In our discussion yesterday, Mr. Yovanovich, we talked about Skyway Drive and the location of a gate somewhere. I went back and looked at Google Earth. I still can't see the gate. And I -- are you telling us that airplanes actually taxi on Skyway Drive, or is it on the road to the east that runs between Skyway and the runway? MR. YOVANOVICH: There is a gate right before you get -- on this exhibit that's up there where it says Wing South Airpark Villas, there is a gate on the south side of that on Skyway Drive. And then what I'm telling you -- COMMISSIONER FRYER: Could that be marked? MR. YOVANOVICH: Not to scale. COMMISSIONER FRYER: No. That's all right. MR. YOVANOVICH: In this area right here -- it's difficult to see on Google Earth, but it's there. And I've driven through it. And then when -- and what I'm telling you is those roads right there, which are also Skyway Drive, are shared with airplanes. COMMISSIONER FRYER: With aircraft? MR. YOVANOVICH: With airplanes. CHAIRMAN STRAIN: Where do the aircraft come from? MR. YOVANOVICH: They fly in. CHAIRMAN STRAIN: Well, I mean, they're not part of -- they're not part of the PUD. So how do they have aircraft in a single-family home in an RSF4 and they use them on their roads when they're not part of the PUD that has the aircraft airstrip in it? MR. YOVANOVICH: Well, Mr. Strain, I can only tell you that in 1982 the original PUD was approved. How --how things got approved back in 1982 is just slightly before my time. But it's an existing project. It's been that way. And I know there are people here from Wing Park that will -- that will be able to, you know, give you their opinions on sharing the roads as well. But it's been that way. It's a quaint little community. It's really kind of neat for those who do like to fly planes. They're not big planes, but they're -- CHAIRMAN STRAIN: And I don't mean to interrupt, but we're on this subject. Do you have a document that shows how RSF4 zoning allows airplanes to be on the roads? Because everybody in the county may want to utilize that benefit. MR. YOVANOVICH: Do I have a document that shows that? CHAIRMAN STRAIN: Yeah. MR. YOVANOVICH: I don't, but I don't represent the owners of the RSF4 property. I can just tell you that it's been that way and --you know, it's not a secret. You know, you've got -- Page 6 of 90 February 20, 2020 CHAIRMAN STRAIN: Do you know how long things have been the way they are in Collier County for a lot of us, and they're changing, unfortunately, very rapidly? So I'd still like to know how it could coexist with traffic. So we'll get into that when we get into more transportation issues. COMMISSIONER FRYER: Okay. Yeah, I think the oval -- is that a pond, the oval thing that's right in the center of that image? MR. YOVANOVICH: Yes. COMMISSIONER FRYER: It's a pond, okay. And the blue lines going around it roughly track where airplanes go sometimes? MR. YOVANOVICH: Sometimes. COMMISSIONER FRYER: Okay. But that, we don't think, is in Tract C, is it? MR. YOVANOVICH: Chris, is that to scale where you put the blue? MR. HAGAN: It's very close to scale. MR. YOVANOVICH: Okay. There are -- Tract C is within the PUD. COMMISSIONER FRYER: Yeah. MR. YOVANOVICH: And so -- and that's the airstrip as well as the clubhouse and other areas. (Cell phone ringing.) MR. YOVANOVICH: I got a flashback. COMMISSIONER FRYER: Tennille. MR. YOVANOVICH: Yeah, I know. Not everybody here knows that. COMMISSIONER FRYER: Well -- COMMISSIONER SCHMITT: Yeah, I haven't been back there in years, but the -- I thought the planes actually enter from -- and you're looking at this where it says Tract C, so I'm looking at just, I'll say, east of the -- east of the pond those access drives actually enter to the back of the houses, and that's -- those were the taxiways into the garages for the planes, is it not? The planes don't actually go down the street. They enter through the back; is that correct? MR. YOVANOVICH: Yes, they do, right? Yes, they do. COMMISSIONER SCHMITT: Oh, they do go down the street as well? MR. YOVANOVICH: Yeah. There are hangars in those homes. COMMISSIONER SCHMITT: Oh, I realize that. MR. YOVANOVICH: That front of street. That front -- (Simultaneous crosstalk.) COMMISSIONER SCHMITT: -- Tract C, that little taxiway around kind of -- MR. YOVANOVICH: We would not be having this conversation, I'm sure, if there wasn't a shared use of Skyway Drive between home, plane, and car. CHAIRMAN STRAIN: Well, see, that falls back on the very premise as to why you need the -- you're asking for the access onto the other roads -- MR. YOVANOVICH: Right. CHAIRMAN STRAIN: -- is because your first claim was that you didn't have access through this property. The second claim now seems to be, even if we have access, airplanes are using it. So now I'm asking then, instead of the first question that I asked two months ago, show me why you can't use those roads when a settlement agreement says you can. Show me now why those roads are allowed and were built for airplanes. It's not one thing that people do it, but when you argue that you can't use the road safely because you need these other exits because of the airplanes, now it becomes an issue we have to look at a little more closely. I just need to see that documentation. Page 7 of 90 February 20, 2020 MR. YOVANOVICH: A couple things. As you know, I got recently retained, so I don't know what the previous positions were. You and I have talked about do we have the legal right to use those roads, and I've done some research on that. A couple -- another thing is, these are all private condominium roads. They're not public roads versus the other roads, Polly, Whitaker, and Adkins, that are, in fact, public roads. We -- you know, to quote Ken Cuyler, who was the first County Attorney I worked for, we are where we are. We have a project that's been around for many, many, many years that those roads are used -- they're private roads. They are used both for vehicular traffic and for the airplanes to get to and from the airstrip. I'm not here to create problems for people who have been enjoying that lifestyle for many, many years. What we're here simply to do is instead of using that access, which I'm going to assume was mandated because there was no Santa Barbara Boulevard, and the only way Tract E could get through -- be utilized was to find its way to Rattlesnake Hammock because we didn't have Santa Barbara. We're here saying it makes more sense today to have Tract E accessed to Santa Barbara through Whitaker as well as Adkins and Polly Avenues to get to Santa Barbara. Our request is to make that change to use those public roads as access. We think that's the better access for this site. And I would submit that if we were coming in after the fact on Tract E, we wouldn't be going through these private streets to get access to Rattlesnake Hammock. So I'm trying to put us to bear where it makes sense as reasonable and better and safer access through this PUD amendment. CHAIRMAN STRAIN: Okay. Ned, do you have more? COMMISSIONER FRYER: I do. CHAIRMAN STRAIN: Okay, sir. COMMISSIONER FRYER: The reason for my bringing this up has to do with the desire to have interconnectivity. I realize there's either no or no significant commercial in the southern part of this tract; however, I think connectivity is important for reasons in addition to just access to commercial. So I would like to see Skyway be a way in and out for the people who will be living in Tract E. And the fact that there are airplanes on part of it -- I could maybe draw this out, but I don't want to. There's a place where Skyway -- there's a fork in the road, and it is south of the -- southeast of the pond. And Skyway Drive is marked as going up by what looks like a staging area for planes, but then it goes around west -- yeah, first west and then north outside of that area that is circumscribed -- that circumscribes the pond. And I would be very surprised if there are any airplanes on that part of Skyway Drive. That would be very surprising to me. And so where I come down on this, to sort of cut to the chase, is if I -- I don't have a particular problem with some access on Santa Barbara, but I don't know whether a total of three points of access is necessary. And I would also like there to be the access from Skyway the way it was contemplated on the original PUD. So that's -- that's on that point. I have some other points here, unless others want to talk about this particular point before I move on. CHAIRMAN STRAIN: Well, mine will be lumped in with the rest of the stuff I normally ask about, so go ahead. Karl and then -- Karen. COMMISSIONER HOMIAK: You just mean the outside road that goes -- CHAIRMAN STRAIN: The westernmost road is what she's asking. COMMISSIONER HOMIAK: Because there are planes that go on that, too. There are garages for planes there, too. COMMISSIONER FRY: I think I'm struggling to understand exactly where the planes are traveling the roads, and I'd like some clarification on that. COMMISSIONER HOMIAK: They're all over. Page 8 of 90 February 20, 2020 UNIDENTIFIED SPEAKER: All over. CHAIRMAN STRAIN: Ladies and gentlemen, we can't have discussion from the audience until we get to public speakers, so... Now, is someone -- COMMISSIONER FRYER: It seems to me that this is not a problem of the applicant's making, but it creates a problem for us in the fact that we don't know exactly what the facts are. MR. YOVANOVICH: Well, first of all, I think what you're pointing to, at the risk of being corrected -- Mr. Fryer, were you talking about in this area right here? COMMISSIONER FRYER: Yeah, that and straight down from that. MR. YOVANOVICH: This road here? COMMISSIONER FRYER: Yes. And then take a -- go east. Exactly. I don't think any planes go along there. MR. YOVANOVICH: Well, that's not correct. COMMISSIONER HOMIAK: They do. MR. YOVANOVICH: They do. That -- COMMISSIONER FRYER: I can't believe that is lawful. CHAIRMAN STRAIN: Well, that's kind of the crux of the argument that we're going to have to look at, because that's part of the basis for needing these other entrances and exits. So that whole thing dovetails together. MR. YOVANOVICH: I know -- I know I can't start with a blank slate, but let -- humor me for a moment. If we were coming in today to do a PUD around that existing community -- and let's just say -- and they're all private condominium streets, you would ask me, I'm fairly certain, to have access for Tract E to go west to Santa Barbara. That would be the normal course of action if Tract E were coming in on its own. You wouldn't try to force me through an existing residential community on private streets down to Santa Barbara. I don't think you would do that. Second, that's an existing community that's been around for quite a while that is using it for airplanes. We're just asking for the right to use public roads in and out of Tract E. You would normally do that. You would normally have multiple access points to a community, and we know that we may have to do some improvements to any of the public streets we connect to as part of this requested PUD amendment. CHAIRMAN STRAIN: So you're basically saying that you want to step back and reapply Tract E as a separate PUD section or separate PUD to today's standards in order to justify the new exits? MR. YOVANOVICH: I'm trying to say that -- CHAIRMAN STRAIN: I don't think you're saying that, because the densities and the things you're asking for aren't necessarily something we'd look at in today's standards. MR. YOVANOVICH: I understand that. CHAIRMAN STRAIN: So you want the best of today but not the best of tomorrow? MR. YOVANOVICH: What I'm trying to say is, Mr. Strain, the facts are different from 1982 when this PUD was originally approved. CHAIRMAN STRAIN: Absolutely. MR. YOVANOVICH: There's a significant difference in the facts, and that major fact is Santa Barbara. And I have not gone back and looked at the pleadings for the litigation that -- that occurred in 1985 and 1986 in which there was a settlement agreement reached regarding access. I don't know the deals of the lawsuit. I do know what the settlement agreement says. And I can't sit here and tell you today that I don't -- my client doesn't have the right to force his way through those roads. We don't want to -- I don't think people want us to get back into another argument over access. What we're asking for makes sense to use those public streets to get to Page 9 of 90 February 20, 2020 Santa Barbara. They can handle the traffic we want to put on there, and we will make the necessary improvements to those public streets. CHAIRMAN STRAIN: Okay. And I think -- Karen, did you have any more you wanted to add at this time, or you want me to go to Karl? COMMISSIONER HOMIAK: No. CHAIRMAN STRAIN: Karl, and then Stan, then back to Ned. COMMISSIONER FRY: Rich, looking for a little clarification. So the folks that live in Wing South have only access south through Skyway Drive down to Rattlesnake Hammock. That's their only way in and out of the development, correct? MR. YOVANOVICH: Correct. COMMISSIONER FRY: So please explain the stub -out, if -- you zoom in on that, there's a stub -out of the Skyway Drive as it goes around the north side of Tract C. It appears to go up to interconnect to Tract E and looks like it was planned for a future interconnection. So maybe explain to me the settlement agreement and what is -- what was planned and why that road goes right up to the border and appears to be ready for an interconnect. MR. YOVANOVICH: Because in 1982 when the PUD was approved, the only access for that northern portion of the PUD was down to Santa Barbara, and that's how it was planned -- I'm sorry. I knew I'd do it. Rattlesnake Hammock -- COMMISSIONER FRY: Rattlesnake. MR. YOVANOVICH: Down to Rattlesnake Hammock. That was the only access. And the litigation and exhibits attached to those settlement agreements recognized that the only way to get south was to go through those roads. So there's an ability to do that. What we're saying is, why, when there's a much better access to go to Santa -- to go to Santa Barbara. COMMISSIONER FRY: Okay. But you're saying there is an agreement whereby if it was desired, they can access Skyway Drive and exit that way? MR. YOVANOVICH: I have -- I believe so, but I don't know that I've read every document that pertains to this piece of property, and I don't know that the residents in that condominium are going to simply say, welcome, come on through. COMMISSIONER FRY: When we spoke yesterday, we talked about this would obviously put additional traffic onto those three streets where you have the interconnects and others in that network, and we spoke about, you know, that the roads might need to be improved. I don't know if it was widened -- you mentioned traffic calming today, but I believe yesterday, I believe we talked about sidewalks and other potential requirements because of the additional traffic from Tract E; is that correct? MR. YOVANOVICH: We understand that your transportation staff may require improvements to those roads with our adding roughly 94 peak -hour trips to two of the roads as part of this project. I don't know the full extent of what they will require, but we know that we'll have to do that. COMMISSIONER FRY: And is the traffic calming also a result -- you mentioned traffic calming -- also as a potential result of these additional peak -hour trips? MR. YOVANOVICH: No. The question will be, that's a potential. I don't know if we'll trip the requirement for traffic calming, but we were asked to include that into the PUD specifically, and that's why we read that language in as part of -- as part of the hearing today. COMMISSIONER FRY: So there's a lot of people in the audience; a few are going to speak. I'm assuming some of them are neighbors living on those streets that might be impacted. So, just curious, if the improvements to those roads are only required because of additional traffic from Tract E if allowed to use those roads, your offer seemed to be to pay your proportional share of traffic calming, correct? So that was your statement. Page 10 of 90 February 20, 2020 MR. YOVANOVICH: Yes. COMMISSIONER FRY: What about other improvements; sidewalks, widening of the streets, whatever other improvements are required for those roads? What is your commitment regarding the cost for those type enhancements? MR. YOVANOVICH: I am -- at the risk of being looked at harshly by my client -- assuming that that is going to be our expense. COMMISSIONER FRY: Your expense. Fully your expense? MR. YOVANOVICH: (Nods head.) COMMISSIONER FRY: Okay. That's all I've got. Thank you. CHAIRMAN STRAIN: Stan, then Ned. COMMISSIONER CHRZANOWSKI: Yeah, a couple of things. If you ran across it, when I worked in the private sector, I worked on part of this project back in the early'80s. The girl that ran the records room for community development, Sonya, her husband worked for Arthrex. They lived here. If you zoom in -- UNIDENTIFIED SPEAKER: Right here. I'm right here. COMMISSIONER CHRZANOWSKI: Hi, Sonya. Shhh. You're not allowed to talk. If you look at that perimeter road Rich is talking about, there are -- there are a couple of houses along there that actually have hangars under them. I mean, nobody builds a 40-foot-wide driveway unless you're putting a plane in there. So you've already got planes in there that are traveling that road. You may want to stop them from doing it, but I don't know what you're going to do with the plane in the guy's garage, so I -- CHAIRMAN STRAIN: Stan, I wasn't trying to stop them from doing it. COMMISSIONER CHRZANOWSKI: I know. CHAIRMAN STRAIN: The applicant's using that as a basis for their argument. I'm trying to -- I'm trying to figure out how that's a valid basis; that's all. They can run planes wherever they want. I don't care; it's other people's business. But when they use it for an argument, I have to question it, so that's where I'm coming from. COMMISSIONER CHRZANOWSKI: It's been there for 40 years. As it -- as it is configured now, it has never presented a problem. And this parcel to the north, they're not one access. There's two accesses that go, one to the east and one to the west. And, you know, maybe at some point somebody thought they were going to add more hangars back in there, more houses with hangars. I have no idea. It's 40 years ago. I don't remember that far back. I have a hard time remembering what I had for lunch yesterday. So I don't -- I don't have a problem. That parcel to the north, if it came in by itself, we would automatically make it go toward the west, so -- and the point of having many access points is you don't throw all your traffic onto one, which gives people alternate ways out. Now, what I would really like to see is some kind of gated interconnect maybe for emergencies, because I don't like to see a project like this with just one entrance. If something happens at the entrance -- I saw it at Imperial, I saw it at Lakeside. Something happens at the entrance, you don't get in and out for a long time. You know, you could have a problem. But other than that, I have no problem with what's going on here. And I would suggest some kind of maybe interconnect with a gate, you know, one way for emergencies only. You think about it. But that's my memory of the history of a lot of this. CHAIRMAN STRAIN: Okay. Ned, we're back to you. COMMISSIONER FRYER: Okay. I'm eventually going to have to -- want to know more about this before I'm asked to vote on it. The map I'm looking at, it appears to me the Tract C includes the area immediately around that pond but does not include the extension of Skyway Drive. So I don't think we can -- it doesn't Page 11 of 90 February 20, 2020 sound like we can resolve that right now, but that remains an open question. My next one -- MR. YOVANOVICH: May I ask -- COMMISSIONER FRYER: Yes. MR. YOVANOVICH: Are you talking about right here? COMMISSIONER FRYER: Yes. MR. YOVANOVICH: That is definitely not in Tract C, so I don't know -- COMMISSIONER FRYER: Yes. MR. YOVANOVICH: That's not in Tract C. COMMISSIONER FRYER: Vice Chair Homiak, did you say there are planes on that? MR. YOVANOVICH: Yes. COMMISSIONER FRYER: There are? COMMISSIONER HOMIAK: Yes. COMMISSIONER FRYER: That's remarkable. Okay. Okay. COMMISSIONER HOMIAK: That's why it's unique, and -- COMMISSIONER FRYER: Unique, if not flagrantly unlawful. COMMISSIONER HOMIAK: -- private roads. COMMISSIONER FRYER: Okay. Now, we talked about -- COMMISSIONER SCHMITT: But it's not part of the petition so, I mean, it's a whole -- if it's outside of the PUD and it's -- I know it's a matter of discussion, but it's not part of the petition, and it's mainly an issue between the community and zoning. It's not -- CHAIRMAN STRAIN: But there is a settlement agreement, Joe. COMMISSIONER SCHMITT: Yes. CHAIRMAN STRAIN: What you -all have not seen are the documents I forwarded to the applicant on a basis of which they were supposed to take a look at their PUD and consider -- I was expecting to see something from them. And I don't see any response to those documents. I asked for title policy, things like that. I didn't get it. But the settlement agreement is what provides the accessway for utilities and flow through that street, which is odd, because it if the street can be used for that, which seems to be the practical argument today because it's not maybe safe as it should be because of the planes, then we just need to understand how the planes factor into it, and that -- if that is justification for having a non -- a way not to get out of the parcel -- Tract E, they have a right to get to Tract E. And I'm trying to fall back on that right and say, okay, your right's solid because there are issues with that road that was originally planned to service that tract. That's all I was trying to get at from the beginning, and I still haven't got -- I'm getting more confused by the responses I'm getting than -- MR. YOVANOVICH: I'm not trying to confuse you. If we were coming in today, you would ask me to have multiple access points to a PUD. You only allow one access point to a PUD on a road when you only have the ability to do one access point on a PUD. Typically, for the very reason that Mr. Fryer asked, for emergency purposes, you don't like it. Nobody likes it when there's an accident at the entrance and nobody can leave their community. We have no objection to providing a gated emergency access between the RSF4-zoned property and the PUD. What we're asking for is the ability for Tract E to go to Santa Barbara. It's allowed under the current Comp Plan. Frankly, it's encouraged and might even be mandated that you have multiple access points to the PUD when it can happen. We have public roads that come down to the PUD. All we're asking for is the right to use them. They are public roads. I know there are people who are not going to be crazy about the fact that what was their publicly funded private cul-de-sac will now be utilized by the people who live on Tract E. I got they're not going to be happy about that, but it's a public road, and we're asking for the ability to use that public road. We will be responsible for improvements that need to be made to those public roads as a result of our using them when we use them. Page 12 of 90 February 20, 2020 I'm not trying to confuse anybody. I think I'm being pretty straightforward. I have the right to go through this project that has streets that use airplanes and cars. I don't think that makes sense. But that's not the rationale, total rationale for why we think we should be allowed to have this other access. It makes sense to have that. COMMISSIONER FRYER: Is it any part of your rationale? MR. YOVANOVICH: At the end of the day, if you force me to go through that community, we're going through that community. If that's really what the Planning Commission wants to see happen is that all of those units in Tract E will now go through Skyway Drive because, for whatever reason, that's the reason the project was originally approved because that was the only option to get to Rattlesnake Hammock, I don't have a choice. COMMISSIONER FRYER: Let me ask it a different way. If there were no question about the safety or the presence or absence of gates on Skyway so that it was a clear shot up from Rattlesnake, would you still be asking for three points of entry from the west? MR. YOVANOVICH: I think we would still be asking to disperse our traffic, yes, and not have it all go down to Rattlesnake Hammock. COMMISSIONER FRYER: On three points of entry? MR. YOVANOVICH: I think -- I think we can agree -- let me take one other comment. The engineer, Mr. Barton, pointed out to me something that we're losing is the amount of traffic that we can legally put on those private streets will probably overwhelm the capacity of those streets. They're private streets. There's probably more traffic that will be dumped on Skyway as a result of the number of units we can build in Tract E. That is probably not the best for the residents who live in there. COMMISSIONER FRYER: Even if you have a western access? MR. YOVANOVICH: Going to Rattlesnake -- I'm sorry -- Santa Barbara. COMMISSIONER FRYER: Going to Santa Barbara. MR. YOVANOVICH: Can I have one moment? I just want to confirm something. COMMISSIONER FRYER: Yeah. CHAIRMAN STRAIN: I'm more confused now than I was before. MR. YOVANOVICH: What we're asking for -- I know we need two of the three, so we will agree that no more than two of the three that are on the master plan will actually be used. We just haven't designed the site yet to figure out which two of those three access points. COMMISSIONER FRYER: Thank you. I was going to ask you for that -- to do that, so thank you. MR. YOVANOVICH: Yes. COMMISSIONER FRYER: I'm going to move on, because I've got a few other issues. You mentioned a willingness to share your -- to pay your proportionate share of additional improvements. I realize these roads have been paved, but there may be a need for sidewalks or possibly even lighting. How about your prorated share of costs related to buffering? And the reason I ask that is because it is directed to the complaints that were expressed by the neighbors who were at the NIM that their concerns for privacy and the like possibly could be attenuated somewhat if there were some better buffering along those east/west roads. MR. YOVANOVICH: I don't know -- and I'm -- I don't know what you're asking me for with regard to buffering. That would be highly unusual for there to be, on a public street, a landscape buffer on the sides of those streets to shield people who live fronting a street from cars that use the street. I don't know what that entails. I don't know what the buffer would be. I don't know what it would cost. I don't know how much it would cost to put in irrigation lines to make sure that those buffers didn't die because of lack of watering. I think that that's a little bit too much of a reach with regard to the request. Page 13 of 90 February 20, 2020 We understand the concerns about additional cars and making sure that the roads can carry that capacity. That we understand, but I think the buffering is a little bit further than we can go. COMMISSIONER FRYER: All right. I have a question for Mr. Hagan on traffic. MR. YOVANOVICH: Okay. MR. HAGAN: Yes, sir. COMMISSIONER FRYER: This has to do with your projections as to what percentage of the traffic, if you had -- let's say, if you had three western points of ingress and egress, what percentage would be attributed to each of the three? And so my question to you is, is how did you arrive at those projections those estimates? MR. HAGAN: Those projections in the breakdown, percent trips, were based on trying to get as many trips out as possible noting that human nature's going to disperse and equal out trips. The distribution from the project has to go to Santa Barbara, and then Santa Barbara doesn't have any left -outs, median openings. So anyone who wants to head south once they hit Santa Barbara has to go up and U-turn to go south. And after looking at the stacking at Santa Barbara, it became clear to me that the breakdown was going to be equalized across the connections. What will happen with time is people will go wherever the backups are the least, and that ended up ending -- or progresses us towards a more equal distribution of the trips, and that's how I came up with that. COMMISSIONER FRYER: But you have 15, 15, and 20 as you move south on those three points. And they all would wind up at Santa Barbara. So how is it that you allocated 20 to Adkins and 15 to the other two? MR. HAGAN: Because Adkins was more direct, and for people who are headed south, that would require the least amount of north before "U" south. COMMISSIONER FRYER: Okay. That leads me to my next question for you, please. In your opinion, what -- if there were a direct shot down to Rattlesnake that was open, what percentage of the traffic would use that? MR. HAGAN: Probably half of the southbounds would use -- 40 percent -- yeah, 40 percent would go through the communities. The other 60 percent would use the more direct route just out of convenience. And that's an estimate based on -- COMMISSIONER FRYER: Forty percent would go to Hammock -- Rattlesnake Hammock, and 60 would go to Santa Barbara? MR. HAGAN: Of the southbound. We're talking about destination southbound. People who are going to leave Tract E, go south of Rattlesnake Hammock and Santa Barbara, that would be going out either Rattlesnake or down St. Andrews. It would be either going into town to go south -- I mean, we're talking about only the trips that have got a southern destination. CHAIRMAN STRAIN: Chris, you've been in front of this panel quite a few times. I've known you for years. I've not ever seen you do a Traffic Impact Statement. Are you a traffic engineer as well? MR. HAGAN: Yes, I have -- CHAIRMAN STRAIN: I mean, you have a traffic engineer certification in addition to your civil engineering? MR. HAGAN: No, sir. No separate one. But I've done Traffic Impact Statements to the county for -- CHAIRMAN STRAIN: Well, that's fine. MR. HAGAN: -- 30-plus years. CHAIRMAN STRAIN: I mean, I just wanted to understand, because you're --the response is more -- it's not quite as -- I would expect from a traffic engineer a little more detail than we're getting in your responses. I -- thank you for the clarification, so... I'm sorry. Go ahead. Page 14 of 90 February 20, 2020 COMMISSIONER FRYER: No problem. All right. This also has to do with traffic, and it concerns traffic calming. That was an issue that was at least indirectly referenced in the NIM. And I understand that certain thresholds had to be met before, like, speed bumps or other traffic -calming devices are to be put in. In your judgment, would traffic calming -- regardless of those -- of those other thresholds, in your judgment, would traffic calming be a net benefit or a net detriment to the users of these three east/west streets? MR. HAGAN: It would be a net benefit. There is some benefit to traffic calming in those areas. It would increase some delays and some trip times, but it would be a general benefit. COMMISSIONER FRYER: Okay. I think that's all I have for traffic right now, but if not, I see you're sitting close. MR. HAGAN: Yes, sir. I'm ready. COMMISSIONER FRYER: Okay. On the -- for Mr. Yovanovich, I guess, the 40-foot buildings are going to be pretty close to an airport runway. Any concerns over the proximity of those? I realize it's an FAA issue. Has that been -- has that been cleared by the FAA? MR. YOVANOVICH: I don't think we're -- the answer to the question is I don't know if we've talked to the FAA yet. If they don't approve 40-foot buildings, then they'll be less, but I think that we're comfortable with that standard in there for the height. And I'm trying to look at what's the approved standard today if I don't even change. I'll tell you in two seconds, if you don't mind. Because it's currently approved for multifamily, as you know. And the maximum height that's allowed today under the Tract A standards, which would have applied before I added single-family, is three living stories above one story of parking with a maximum height of 45 feet. COMMISSIONER FRYER: Okay. All right. MR. YOVANOVICH: So I think we're consistent with what's already allowed as a development standard today. COMMISSIONER FRYER: That's on the county standard side, which is what we are, of course. FAA will weigh in. MR. YOVANOVICH: They always have their rights, yes. COMMISSIONER FRYER: There's a statement here -- you have petitioner's statement of compliance where you say the subject property will provide a vegetative buffer between the property and Rattlesnake Hammock Road, the surrounding vacant lands, and the single-family units to the west. And I guess my question is, how is that possible? Because that extends south of your south property line. MR. YOVANOVICH: Are you reading from the existing PUD? COMMISSIONER FRYER: I'm reading from Page 68 of the February 6th materials under petitioner's statement of compliance, and it's Point No. 3. MR. YOVANOVICH: You have to -- you have to remember that that's in response to the entirety of the PUD, not specifically to Tract E. COMMISSIONER FRYER: So when you say the subject property, you're talking about the whole PUD? MR. YOVANOVICH: Well, when you're talking about down by Rattlesnake Hammock and the buffering, that can be the only interpretation -- COMMISSIONER FRYER: All right. MR. YOVANOVICH: -- because, obviously, Tract E doesn't go that far. COMMISSIONER FRYER: Okay. Then, in the same document, No. 12, petitioner's statement of compliance, it says, "The application of the development plan will permit flexibility and feature amenities and excellence in the form of variations and citing mixed land uses and varied dwelling types as well as adaptation to and conservation of the topography and other natural characteristics of this land." Page 15 of 90 February 20, 2020 These sound like commitments of some sort. And I would like to ask you for some additional detail on what is meant by that statement. MR. YOVANOVICH: I wish my numbers matched your numbers on the pages. If we get to a point where we take a break, can I just borrow your -- what you're reading from so I can make sure I'm reading exactly what you're reading from? COMMISSIONER FRYER: Understood. That's fine. It's going to be on Page 69 of the February 6th material in your -- MR. YOVANOVICH: I'm with you. But I just --unfortunately, I don't have those same page numbers. COMMISSIONER FRYER: That's a continuing problem. It goes on in No. 13 to say, with proper uniform quality, a large-scale development, the property may best serve the public interest with alternative land uses and then, finally, on Page 70 it says, the residential development of low-rise multifamily and single-family units shall demonstrate a quality way of life for its residents that will be eminently desirable, aesthetically pleasing, and environmentally sound. So my question, again, is, could you please offer us more specifics. MR. YOVANOVICH: Well, I think when you look at the development standards we're proposing by adding single-family as an allowed use on Tract E, it will accomplish those statements that -- regarding how it fits into the community and how it will fit into the overall fabric of Collier County. You have to read this in context with looking at the development standards and adding single-family to see how those, I'll call them, global statements are made, but they're implemented through the development standards of the PUD. COMMISSIONER FRYER: Okay. And that's fine. But just so that I'm sure I understand your explanation, the commitment here or the characterization of higher quality comes, it sounds like, exclusively from the fact that there could be some single-family residences here. MR. YOVANOVICH: Well, between the single-family and the better access to the property, yes, I think overall it's an improvement over what exists today. COMMISSIONER FRYER: Okay. And I do have a comment for Mr. Hagan who may or may not wish to respond to it. But it looked to me -- well, in fact, it's absolutely the case that you're referencing the 2018 AUIR in your work. And, of course, we're, you know, just a few months away from the 2020. So I always ask traffic engineers if they have -- those who reference an earlier date, if they have looked at the more current AUIR and can they tell us that the argument is as strong in favor of the applicant's position under the more current AUIR. MR. HAGAN: The easy answer is, no, sir, I haven't looked at it. CHAIRMAN STRAIN: You'll need to use the mic, Chris, if you're testifying, please. MR. HAGAN: Okay. No, sir, I have not looked at the update. The report was finished in November in our correspondence with the reviewers, and I have not looked at an update. COMMISSIONER FRYER: Okay. Well, that's a fair answer. Chairman, that's all I have at this time. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: Okay. Let's start with the PUD document. First question I'm going to have is on Page 5, Section 4.2. Last line of that page says, the total maximum residential units will be 574 units at a maximum density of 3.4 units per gross acre. How many units are you intending to build on Tract E? MR. YOVANOVICH: Mr. Strain, we don't have a site plan or a master plan or a subdivision plat in the mix right now. We're simply here to talk about access. CHAIRMAN STRAIN: Well, how many units are you selling the right to build to whoever buys the property? Page 16 of 90 February 20, 2020 MR. YOVANOVICH: We don't have a contract to sell the property. CHAIRMAN STRAIN: I know, but this is being prepared for that purpose. So how many units -- you don't know how many units you can -- you're going to all this -- through this whole effort through meeting today, and you don't know how many units you're going to have the right to build? What if you've only got two units? MR. YOVANOVICH: Well, I know I have two units -- CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: -- because right now there are 574 units approved in the PUD, 16 of which were approved on Tract B, which is single-family only. Nine have been developed; seven are left. So I have nothing on tract -- I'm not dealing with Tract B. On Tract A and E, what -- and you can see from Tract A up here that it's done. There were 558 multi -family units of which 194 units were developed. So, theoretically, there are 364 units left that can be developed on Tract E. CHAIRMAN STRAIN: Okay. So your pro forma for the cost, which would involve the improvements to the road and whatever else you're going to agree to do today, will be based on a number of units you can theoretically make profit points out of in order to pay for those costs. MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Because I had thought that's -- I thought 369 or somewhere in that -- was the neighborhood number I read in one of the documents. But according to the county's records, there's only 238 units remaining for that property, for the whole PUD. And I didn't know if you were aware of that or if you dispute that or what. And I'm pulling this from -- and, Ray, you can go to CTS and pull it up right now under the density unit counts. And the last time this was modified -- it looks like that particular one was modified in 2019. So I'm just suggesting you may want to understand how many units you're going to potentially build to know how much you're going to be committing to today. Which, speaking of plans, we talked about the access through that road that you're disputing -- not disputing. That you prefer not to go through, and I understand your reasoning. But why did a plan get submitted in 2017 showing the entire project going through that road? MR. YOVANOVICH: Mr. Strain. CHAIRMAN STRAIN: Do you know? I mean, I know you're new to the process -- this -- this entity, and usually you come with all these answers and we've had time to discuss them. It didn't work out that way this time, Rich. MR. YOVANOVICH: I miss those days. CHAIRMAN STRAIN: Me, too. And I've got a -- I'm looking at a plan developed by Q. Grady Minor in 2017 that was submitted for review and processing. And it's a master site plan, and it shows the entrance through the Skyway road, and I sent this to your team, what, two months ago? And I never got a response to it, so I was just wondering what you -all thought --why that plan was no longer valid. MR. YOVANOVICH: Mr. Strain, that plan was -- my understanding, was prepared by a potential developer of the property. They elected not to go forward with that plan. What we're trying to do -- and there are -- there are issues with going through that access point, and whoever prepared that plan might have thought it would work but ultimately did not go forward with that plan. Where we're 12 years later -- what was the year of that plan? I know you sent it to me. CHAIRMAN STRAIN: 2017. MR. YOVANOVICH: 2017. So we're three years later. And what we're simply trying to do is provide better access to this site to have a better project and not force all that traffic through Wing South. Someone else obviously was interested in doing that, but they didn't acquire the property, so that plan, even though it may have gone through the process, was never built. CHAIRMAN STRAIN: Okay. Let me move on to your Development Standards Table, Page 17 of 90 February 20, 2020 and it's on Page 9 of the PUD document. And, first of all, on the very first line, we normally don't see lot areas as much as we see unit size. You don't have unit sizes on here. You have minimum lot area. Minimum lot area's only 1,600 square feet for a single-family. Now, that's -- at 32-foot wide, which is your minimum width, that means you're only 50 feet deep. Then you take your setbacks into play, you've got less than about 800 square feet for a unit. How do you make those the quality units that Mr. Fryer was referring to in your language? That's a small unit. I'm just wondering what you're planning to do. MR. YOVANOVICH: I'll let Mr. Hagan answer that question. MR. HAGAN: Yeah. The basis for setting these up was utilizing some of the similar projects in the area as an outline. What we didn't -- what we did is we reached out to several of the adjoining projects and ones I've worked on recently, and utilized them as a standard trying to get a unit that we knew was marketable and would be attractive to a future developer. CHAIRMAN STRAIN: So what's the minimum square size per unit that you would commit to? I mean -- MR. HAGAN: I don't know that I can do that for the owner, but -- CHAIRMAN STRAIN: But that's not an unusual request, especially trying to understand compatibility, and the mere fact you're trying to go through the neighboring residential units, just from a compatibility viewpoint as well as from a valuation viewpoint, I mean, this seems like you're going to be a lot of small units in here. I mean, that's an awful small lot size. That's what we normal see or pretty close to what we see for unit size. You're saying the whole lot's only going to be 1,600 square feet. That's pretty tiny. MR. HAGAN: Yep. CHAIRMAN STRAIN: You've talking about alley setbacks. Can you -- how does this work? Now, your Footnote No. 3, so the alley is part of the lot, or the lot's going to be separately platted? How are you looking at that? MR. HAGAN: The alley would be an easement on the back of the lot. CHAIRMAN STRAIN: So now the 50 foot's taken up by the alley, potentially. Wow. I mean, you realize how much you're trying to fit into a little tiny box? I've got to picture it, and I'm trying to figure out how this is going to be considered compatible to the surrounding neighborhood, even the ones in the RSF4 tract where the airplanes are running. I mean, if you've got an airplane, you've probably got a pretty nice house, I would hope, because the airplane's got to keep running. It's not cheap. These homes might be completely different than what's already on the ground there. Under your No. 5 footnote, garages shall be located a minimum of 23 feet from the back of the sidewalk except for side -loading garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion of all -- for a referenced sidewalk. I just think you can cross that whole last section out, because it doesn't matter. You just can't be across the sidewalk, and you've got to be 23 feet back. So I wasn't quite following what you were trying to say there. If you just drop the last part of that sentence, it will be more effective. The amenities, normally we ask for amenity locations because they affect the outside tracts, the outside properties. If you were to put an amenity in with a pool and a clubhouse and all that, or just a gathering point, if you put it up against your neighbor's property, they're going to be more disruptive than if it was internal to your site. I didn't see any kind of reference as to how internal to the site or location as to where a -- that tract would be, because it's not shown. And you adding it as a Footnote No. 6, because of that, it -- typically we have some dimensional standards that separate that from the neighbors. And I need you --to suggest that 30 foot isn't enough. We just got done with one on Livingston Road just south of Immokalee Road, and there it was 100 feet. So it would be something Page 18 of 90 February 20, 2020 that -- we just did that one, I think, at our last meeting. I'm just looking at the rest of my questions. And I notice in the PUD you're crossing out the language that requires the connection to be made to -- as the only access road will be the private road through Tract C, or through that RSF4 lot to the Rattlesnake Hammock, though it was in your PUD as the only access point up until the request that's come in. MR. HAGAN: That is correct. CHAIRMAN STRAIN: You also are changing recreational facilities, a minimum of three swimming pools, to two; and a minimum of three tennis courts, to one. What is that about? I mean, are there no amenities in the other parts of the PUD? MR. HAGAN: That was to take out the amenities that were already existing in the southern portion. That's already developed. CHAIRMAN STRAIN: Okay. But if you took this out and they wanted to take out their amenities, they could do that then; is that what -- I mean, why would we want to do that? MR. HAGAN: Theoretically. CHAIRMAN STRAIN: Yeah. So why would we want to do that? So I'm not sure 5.6 needs to come out. COMMISSIONER FRYER: If -- may I? CHAIRMAN STRAIN: Yeah, go ahead. COMMISSIONER FRYER: If you're reducing the amenities on the north side of the PUD because they're present on the south, all the more need for access on Skyway, it seems to me. Interconnectivity. CHAIRMAN STRAIN: Okay. Chris, let's see if I -- 19 -- oh, the language about supporting traffic -calming initiatives, I know you just changed the language that you're going to offer to pay your fair share, but if you weren't doing this, you wouldn't need -- they wouldn't need any traffic calming. So why is just your fair share fair? I mean, I don't understand how that's fair to the people in the neighborhood, because they don't need them today. I was out there. They've got a nice, quiet neighborhood. So why would they need traffic calming? So, actually, it's being generated because you guys need it. MR. HAGAN: That's the way the fair share would calculate. CHAIRMAN STRAIN: Well, then let's not say fair share; that you're going to pay 100 percent of any traffic calming, and that makes it a little cleaner. MR. HAGAN: There are other undeveloped tracts out there that may develop -- CHAIRMAN STRAIN: Where? MR. HAGAN: -- and they would want to contribute also. CHAIRMAN STRAIN: Undeveloped tracts, you mean more estates? MR. HAGAN: No. Onyx is just developed. There are others out along Santa Barbara that -- CHAIRMAN STRAIN: Onyx is on Santa Barbara. You're going to have a road hump between Santa -- Onyx's entrance and Santa Barbara? It's only a few hundred feet. I don't think your traffic calming is necessarily appropriate in the way it's written, so... I think my next question's going to be -- well, I'll wait till I get staff up here. And, oh, that's right, your -- in your master plan you had 364 dwelling units listed under Tract E as residential. That's where I found the number. I just don't know where you got that number from, and it doesn't match with the county's, and I think that should be clarified. Let me see what else I've got. I think that's it. I'm going to -- for now. I've got some more of staff, and I'll probably have more after public speakers. So thank you. MR. HAGAN: You're welcome. CHAIRMAN STRAIN: Anybody else have anything of the applicant? (No response.) Page 19 of 90 February 20, 2020 CHAIRMAN STRAIN: Tim? MR. FINN: For the record, I'm Tim Finn, principal planner. The project is compliant with the GMP and the rezoning criteria within the LDC; therefore, staff recommends approval. CHAIRMAN STRAIN: Okay. Any questions of staff, for anybody on staff? (No response.) CHAIRMAN STRAIN: I'd like to ask the County Attorney's Office, have you had time to review the language in the changed PUD that was the most recent set that was sent out for this board to review? MS. ASHTON-CICKO: No, I did not review the language in the proposed PUD. CHAIRMAN STRAIN: Okay. Do you know how this board has repeatedly asked not to have stuff even presented to us that hasn't been reviewed by your department? MS. ASHTON-CICKO: Well, it was a miscommunication, because I think it was provided to me that there were going to be changes that were going to be read into the record at the last meeting -- CHAIRMAN STRAIN: As long as you're comfortable with that. You're going to -- MS. ASHTON-CICKO: But they're -- as I previously stated, there are a couple of commitments that need to be revised. CHAIRMAN STRAIN: Okay. And then, Mike Sawyer, if you could come up for a minute. MR. SAWYER: Good morning, Commissioners. For the record, Mike Sawyer, Transportation Planning. CHAIRMAN STRAIN: Hi, Mike. MR. SAWYER: Good morning. CHAIRMAN STRAIN: I've heard various arguments over why these exits are needed. I think the original one was they didn't have access south to Rattlesnake. I think there's -- probably that settlement agreement was missed, and it's been found, and there is provisions there for utilities and things. Now the issue is, and I understand the issue, about airplanes on the road. I'm not trying to tell the people they can't have their airplanes on the road. As far as I'm concerned, live and let live. The problem is, it's come up as a basis for the east -- the western connections and as how it wouldn't be safe now to use that road that was originally intended by the PUD and by the settlement agreement. So, what's -- what's your department's position on airplanes on roads? Can we do this all over the county, or are we just going to do it in certain locations, and how does this happen? MR. SAWYER: That's an excellent question. CHAIRMAN STRAIN: Gee, thank you, Mike. I'm a little curious, because if I drive down 951 and see a plane going down the middle of it, I just don't know if I can pass it or what I'm supposed to do with it. MR. SAWYER: I did check with our operations department this morning. First off, they're not aware of any issues in this neighborhood. They haven't received complaints. There have been no known issues operationally on these private roads. These are, in fact, private roads. The development itself, the original PUD contemplated having aviation uses in the development. CHAIRMAN STRAIN: This is RSF4 we're talking about, though. MR. SAWYER: Correct. And I'm trying to -- I'm trying to wrap our brains around the issue itself. The best answer I can give you is that it would be a state regulation, and we would need to research that for you. CHAIRMAN STRAIN: I'm not asking you to do that. Honestly, I don't want any more Page 20 of 90 February 20, 2020 problems for the people that exist there. They have a nice community. It's quiet. I'm not trying to cause a problem there. I'm trying to rationalize the fact everybody has a right to road access that has a parcel of property. You have a piece of property, you have a right to get to it. MR. SAWYER: Exactly. CHAIRMAN STRAIN: And part of the argument -- this one always had that right, supposedly, down to Rattlesnake Hammock by the PUD and by the settlement agreement. That seems to be somewhat changing because of the activities on a piece of property that's outside the PUD, but it's under the settlement agreement. And now I'm trying to figure out how planes are allowed to utilize a road if that's the road that's supposed to be utilized for the north/south accessway to Rattlesnake Hammock or according to the PUD. Were you here at the time -- this was a long time -- you weren't around here at the time this thing was put together. MR. SAWYER: I was not. CHAIRMAN STRAIN: I was here, but I wasn't on the Planning Commission, so I have no memory of that either. MR. SAWYER: And, honestly, I do not -- perfectly honest, I don't know of a staff member currently in the county that would have been at that time. CHAIRMAN STRAIN: Okay. Well, I just needed your input on it. I don't really have a concern over the airplanes. I mean, I'm not going there. I just thought it was odd that that was part of the reasoning. Joe? COMMISSIONER SCHMITT: I'm going to equate this to the Board approving golf carts in Isles of Capri and Goodland. I mean, those are public roads and, technically, I can't take a golf cart and drive down 951. But the Board did approve --this county did approve, with certain provisions, with the safety mechanisms and everything else on the golf carts, but you can drive on public roads with a golf cart. I guess, you know, an airplane is not a golf cart, but it's still a mode of transportation on a public road. CHAIRMAN STRAIN: But, Joe, you're talking a 4-foot-wide golf cart and a 40-foot-wide airplane. I mean, it's a little different. COMMISSIONER SCHMITT: Oh, I know, but I would assume that -- and I don't know. We'll hear from the applicants -- or from the public. But they have to be insured. There's other things that they -- to cover any type of mishap that would take place regarding airplanes moving down the street, but -- MR. KLATZKOW: I mean, there's a state statute that gives you a process for golf carts. I'm not aware of any state statute that gives you a process for airplanes on a road. It's just -- this is a very unique situation that -- COMMISSIONER SCHMITT: Yeah. MR. KLATZKOW: -- would not be approved today. COMMISSIONER SCHMITT: As you well know, Jeff, this has been around for 50 years. MR. KLATZKOW: Yeah, and when this went in, there was nothing around there. COMMISSIONER SCHMITT: Yeah. COMMISSIONER CHRZANOWSKI: It may be unique in Collier County, but there's airparks all over Florida. COMMISSIONER SCHMITT: There are. COMMISSIONER CHRZANOWSKI: And so they put golf clubs in their airplane; call it a golf cart. COMMISSIONER FRYER: May I ask him? Page 21 of 90 February 20, 2020 CHAIRMAN STRAIN: Go ahead, Ned. COMMISSIONER FRYER: The area we're talking about -- the street I'm talking about is in RSF4, and it's not in Tract C. Are we saying that the original PUD, or the PUD that is now extant, that is operative, that there's language in there that permits airplanes on that RSF4 strip part of Skyway? MR. SAWYER: In the research that I have done, I have not found specific language to that. I believe there are portions of the PUD as far as purpose and intent that implies that there are -- actually, I can -- CHAIRMAN STRAIN: They have hangar access from the strip, but the part that's been in question is the RSF4 that's not part of the PUD. That's the problem. COMMISSIONER FRYER: Exactly. CHAIRMAN STRAIN: If they were part of the PUD, it might all have a better argument to fit, and that's the piece I've been trying to understand. MR. SAWYER: And that's the difficulty, I think, that we're all having is that -- COMMISSIONER FRYER: Further -- MR. SAWYER: -- we've got language in the PUD -- COMMISSIONER FRYER: -- it wouldn't matter, would it, whether these are privately owned or publicly owned. If they're streets, be they public or private, if they're in RSF4, driving planes down a public or private street seems to be incompatible with that zoning. MR. SAWYER: I would have to agree at the time that the plat was originally done for that section, that somehow that was hopefully addressed. I don't know. COMMISSIONER SCHMITT: I have another question. CHAIRMAN STRAIN: Okay. Joe? COMMISSIONER SCHMITT: The access to that road is gated. I'm looking right now on Google Earth. So it's prohibited access. Who controls the access? I'm assuming the residents of that street have clickers of some sort to open up the gate. So it is a -- for all intent and purposes, it's a public road, but it is gated. MR. SAWYER: It appears to be controlled, correct. COMMISSIONER SCHMITT: Okay. CHAIRMAN STRAIN: Okay. For any other -- and, Mike, I don't have any transportation questions at this point, any more, so thank you. MR. SAWYER: Thank you. CHAIRMAN STRAIN: Appreciate it. Is -- Rich, did you have something? MR. YOVANOVICH: Yeah. I just wanted to, if you don't mind -- on the minimum unit size, it actually is in the table. CHAIRMAN STRAIN: Okay. Good. Tell me -- I must have missed it then. MR. YOVANOVICH: That's okay. It may not be in the exact location where you're used to looking at. This is the version attached to the -- CHAIRMAN STRAIN: You're saying minimum floor area. MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: You're right. That's usually up on top. Okay. MR. YOVANOVICH: So I just wanted to --it is in there, and that's all I wanted to add before the public. CHAIRMAN STRAIN: No, not a problem. Environmental, if you could just answer one question. I'm going to try to make it as easy as possible. I see that look of worry. MS. COOK: That's because I didn't talk to you yesterday. CHAIRMAN STRAIN: Yeah, normally we do meet ahead, and I'm sorry about that. Page 22 of 90 February 20, 2020 Environmental, on 5.9, it's going to provide the listed species survey and all the other information at the time of SDP or PPL. We normally see information at this level. Since it's been two months since I read the first part, was there a standard environmental survey done on this property at this time? MS. COOK: For the record, Jamie Cook, principal environmental specialist. No. The original PUD in 1983 had a couple areas defined as wetlands, but we did not receive an environmental data report with this. So prior to SDP or PPL we would want to make sure that those locations are appropriate locations for preservation of vegetation. CHAIRMAN STRAIN: Okay. So from now on, for PUDAs that are 40 years old, there are no updated environmentals needed? I mean, what we do for one client we do for all? MS. COOK: Typically, yes; however, we couldn't find the original map of where these locations were originally. CHAIRMAN STRAIN: Okay. Okay. That's what I -- that's what I -- by the way, did you review the plan that was sent in 2017? Or you weren't here by that time, were you? MS. COOK: I was not here, no, sir. CHAIRMAN STRAIN: Okay. So that would be Summer. Okay. Thank you. MS. COOK: You're welcome. CHAIRMAN STRAIN: Is Utilities here? Utilities is not here today? MR. MULHERE: He's out there. CHAIRMAN STRAIN: Oh, okay. I was going to say. MR. FEY: Good morning. For the record, Eric Fey, principal project manager with Public Utilities, Engineering, and Project Management. CHAIRMAN STRAIN: Good morning, Eric. I notice there's been a change in their planning on utilities. I think the previous one had sewer and water coming in from the west, and now this one's going to have water coming in from the west, and sewer's going to connect and go south. Is that your understanding of it as well? I just saw a plan they put on today. MR. FEY: Yes. I don't -- I think the sewage system in the RSF4 portion is private, if I recall. CHAIRMAN STRAIN: But have you reviewed the settlement agreement that provides them the -- those mutual access easements, including -- there was a writeup in there about utilities. Did you review any of that? MR. FEY: I did not review the settlement agreement, no. CHAIRMAN STRAIN: Okay. MR. FEY: But water was anticipated to come from the west, yes. CHAIRMAN STRAIN: Okay. When you put water lines in and sewer lines and you're passing residential frontage, what happens to those residential people, those lots? Do they -- are they required to participate in any manner at all now or in the future? MR. FEY: The answer is a little complicated. CHAIRMAN STRAIN: Well, that's okay. We've got -- we're going to be here till 4:00. MR. FEY: The ordinance -- hopefully, I won't. The ordinance allows us to force connection when utilities are available -- CHAIRMAN STRAIN: That's not too complicated. MR. FEY: -- but we have not historically done that, especially when you're dealing with estates and agricultural zoning. In fact, I know when we expanded our district boundary, we made the commitment to the Golden Gate Civic Association, for example, that we would not force connection on residents. CHAIRMAN STRAIN: How about any fees for the transition on frontage? As you're -- there would be no fees associated for the installation of the pipes, and you would not force Page 23 of 90 February 20, 2020 connection to those pipes? MR. FEY: On the existing residents -- CHAIRMAN STRAIN: Right. MR. FEY: -- in today's zoning? Correct. CHAIRMAN STRAIN: So you'd be in agreement to stipulate that in a paragraph in the PUD that this PUD will have -- you will, as the Utility Department, will not force connections or costs for the system improvements on any of the lots outside of this PUD for either sewer or water? MR. FEY: I think that would be a decision of the Board. CHAIRMAN STRAIN: Well, I know, but someone has to put the language in the PUD to get to the Board. I mean -- MR. FEY: On behalf of the Public Utilities, we wouldn't object to that language, no. CHAIRMAN STRAIN: Okay. That's what I needed to know. Joe? COMMISSIONER SCHMITT: Yeah. How can they put that language in? Wouldn't it be -- contradict the current ordinance, Jeff? The ordinance requires it. CHAIRMAN STRAIN: Well, he just said they do it --they've been doing it for -- typically for the Estates. COMMISSIONER SCHMITT: But as a matter of policy, they waive that requirement, which they have in the past. But I don't know if you could put that language in which would -- MR. FEY: Right. COMMISSIONER SCHMITT: -- be -- contradict the -- as a matter of policy, they could, but you could make that statement -- as a matter of policy, waive it. But I think -- I don't think you can make a direct statement. I turn to the attorney for that. CHAIRMAN STRAIN: Well, that's what we're trying to get to. And I'm -- my concern is that if this were to pass and the people in the neighborhood had these lines go in, they would be forced to pay fees involving these lines. COMMISSIONER SCHMITT: Right. CHAIRMAN STRAIN: They're at no fault here -- COMMISSIONER SCHMITT: Correct. CHAIRMAN STRAIN: -- so I can't see why anything like that should happen if it succeeds. So anyway. If -- MR. KLATZKOW: I'm really not sure why this is part of this application. That's -- CHAIRMAN STRAIN: Well, they have -- they have new lines coming in from -- MR. KLATZKOW: I understand that. CHAIRMAN STRAIN: -- Santa Barbara. MR. KLATZKOW: I understand that. But what does it have to do with this particular application? CHAIRMAN STRAIN: I'm puzzled. They put it on their plan saying they want to get water and potentially sewer from Santa Barbara. They're going to be passing all the estates properties that are there, and usually the Utility Department forces any property it passes to connect. And all I was suggesting is they don't -- the people there don't need to connect except for the fact this developer wants to run lines down those roads. That's all I was getting at, Jeff, is trying to make sure the Utilities didn't come back and say, well, now the lines are here. Even though you didn't want them and we didn't want to put them there, or we didn't need to put them there, we're still charging -- we're going to charge you and force you to connect. Because on an estates lot, that's deep, and you've got to run a lift station and sewer lines and force mains to connect all the way back to your property with new power and then pump it all the way out to the street. You're looking at sizable costs. Page 24 of 90 February 20, 2020 MR. KLATZKOW: Yeah, I'm aware of that. I'm just not sure why that's part of this discussion; that's all. MR. YOVANOVICH: Mr. Strain, may I? CHAIRMAN STRAIN: I don't know why it wouldn't be. MR. YOVANOVICH: May I? CHAIRMAN STRAIN: Yeah, go ahead. MR. YOVANOVICH: And maybe I said it too quickly. Let's assume I have a bad day and the Board of County Commissioners ultimately decides not to approve the access points we're asking for and doesn't approve the ability to add single-family to Tract E, and the only thing that's left is what exists today, multifamily on Tract E with access to Rattlesnake Hammock. We will still be bringing water down -- from the west to Tract E because the internal system doesn't have sufficient capacity for me to get water to it anyway. So the water line's coming regardless of whether or not this PUD amendment gets approved. And I think Mr. Fey can testify to that, too. I know Mr. Barton and Mr. Hagan have told me the water line's coming. It's really not part of this application at all because where utilities come from to serve the project -- remember this is an already -approved PUD that allows multifamily. I heard Mr. Fey say that the County Commission does not force connections. I can't imagine that they're going to change that policy decision. And I'd like to -- again, I don't think it's part of the application is what I'm trying to say. CHAIRMAN STRAIN: Well, I think it's a compatibility issue that is, so we have the ability to review it under that basis. Rich, you have a settlement agreement that allows you to connect. If you look at this map, the distance between Santa Barbara and Tract E and Tract E and Rattlesnake is about the same, if not Santa Barbara may be longer. So it would be -- the same pipe would have to go in from one point to the other. I'm just wondering why it's so prohibitive then to go south to Rattlesnake Hammock. You've got the same distance practically. But I know you're probably going to say because of the units that are there. Well, you've got units in both neighborhoods. So how is this better for one neighborhood to have that disruption than another for those lines going in? MR. YOVANOVICH: I'm going to have to allow Mr. Hagan -- or Mr. Barton to explain how the utilities will actually get extended, the water specifically, because they're going to have to address how they would be built and why we would not be going through the existing lines. CHAIRMAN STRAIN: Well, I'd rather listen to our Utility Department if that's okay. MR. YOVANOVICH: That's fine. CHAIRMAN STRAIN: And, Eric, why -- I understand you want -- is this -- is this a given no matter what happens with this project? MR. FEY: (Shakes head.) CHAIRMAN STRAIN: Oh, it's not. Okay. Maybe you can correct the statements, then, that were just made. MR. FEY: Yeah, the county has no intent of expending ratepayer fees to extend water between Santa Barbara and the project. This would be a developer -sponsored improvement. CHAIRMAN STRAIN: Okay. MR. FEY: And so to clarify my earlier response to your question about costs, I was referring to construction costs. I was not referring to impact fees. If a resident had -- you know, obviously, any of those existing homeowners or property owners would have the option of connecting services, and at that time impact fees would be due if they requested service. So that was not to say that we were okay with waiving impact fees. CHAIRMAN STRAIN: No, I understand, but that -- MR. FEY: Service connection fees, for that matter. CHAIRMAN STRAIN: If a property owner on a five -acre lot wanted to connect sewer or Page 25 of 90 February 20, 2020 water and they wanted to pay the impact fees and the costs to do so, they'd have the ability to do so because the line would be there. MR. FEY: Right. CHAIRMAN STRAIN: My concern was that I don't -- I didn't want to see them required to connect because the line was there, as that is the case in a lot of situations. And if there was, then I'd have to turn to the developer to see how they're going to make it even with the property owners there that would have to pay the cost. And if you're telling me -- MR. KLATZKOW: I'm just not following any of this. My understanding -- correct me if I'm wrong. The developer's putting in the lines? The county will not be putting in the lines. The developer will be putting in the lines; is that correct? CHAIRMAN STRAIN: They'll be dedicated over -- they'll be passed over to the county by easement, won't they? MR. KLATZKOW: Who is actually going to be putting in the lines; the county or developer? MR. FEY: The developer. MR. KLATZKOW: And the developer will be putting them to county standards, correct? MR. FEY: Correct. MR. KLATZKOW: And you will inspect that, and if they meet county standards at that point in time, you'll accept them, right? MR. FEY: Correct. MR. KLATZKOW: And if anybody along those pipes wants to hook in at that point in time, they can hook in, correct? MR. FEY: Correct. MR. KLATZKOW: And at that point in time they'll pay impact fees? MR. FEY: That's right. MR. KLATZKOW: And you want them to get it for free, then? CHAIRMAN STRAIN: No. I simply don't want them to be forced to connect. MR. KLATZKOW: Then I -- CHAIRMAN STRAIN: That's the difference. MR. KLATZKOW: Is anybody ever forced to connect? MR. FEY: To my knowledge, no. MR. KLATZKOW: So I don't understand. Now, if there comes a point in time that the Board makes a decision that because of various environmental reasons, among others, that you're going to be forced to connect, okay, you'll be forced to connect. But at this point in time I just don't understand the conversation. CHAIRMAN STRAIN: Okay. I was under the impression because of the East of 951 study when all these residents in the Estates were going to be taxed or charged about $100,000 per frontage because the line's running in front of their properties, and it would be mandatory and could be added to our tax bill -- (Simultaneous crosstalk.) MR. KLATZKOW: If the county decides to put in lines and requires people to hook in, okay, because I don't know, the septics are starting to have certain pollution issues, all right, at that point in time, yes, people are going to be required to put in. I mean, it's happened all over the country. Every now and then you've got to get rid of the septic tanks, and every now and then the wells go bad and the county has to put in lines, and people have to pay for those. It's required. And we're not going to be putting in zoning documents that the developer's going to be paying for that. That's not right, and that's not what we're here for. CHAIRMAN STRAIN: Jeff, I just want to make sure the people in that residential neighborhood are not going to be charged for any rates to be tied -- to connect to these until they Page 26 of 90 February 20, 2020 want to do so. That's all I was getting at. MR. KLATZKOW: No, no, no, no. They may be required to do so at one point in time if that's the Board of County Commissioner decision. CHAIRMAN STRAIN: Okay. Well, this could go round and round for hours. And with that, we'll -- MR. KLATZKOW: You're trying to put into zone documents something that's a policy decision of the Board. CHAIRMAN STRAIN: We'll take a break till 10:45. (A brief recess was had from 10:30 a.m. to 10:45 a.m.) CHAIRMAN STRAIN: Okay. If everybody will please take their seats, we'd like to assume the meeting. Okay. Ladies and gentlemen, we left off with some discussions with staff, and it was basically discussions I was having. I did talk to Eric during the break. There is a significant difference between the costs that would be or would not be charged based on who installs the lines. In this case the developer's installing the lines, so the county's development costs wouldn't be there, and the requirement to tie in is not there. It's different if the county does it. So that clarification has now been made, and I understand it. And with that we will move on to the -- I think I was done with any staff questions I had. Does anybody else have any others? (No response.) CHAIRMAN STRAIN: Okay. With that we'll move to our public speakers, and we'll start with the registered public speakers. But if anybody's here who wishes to speak, whether registered or not, we'll get to you before we end. Go ahead, Ray or Tim, whoever's going to call the speakers. MR. FINN: First speaker, Jean Kungle. UNIDENTIFIED SPEAKER: I think they had to leave. CHAIRMAN STRAIN: Okay. MR. FINN: Let's see. Next speaker, Anne Daley. MS. DALEY: Good morning. CHAIRMAN STRAIN: Good morning. MS. DALEY: My name is Anne Daley. I'm here representing Wing South Airpark. I am the president. First I would like to clarify some of the questions that arose earlier in the conversation. The first one is about private airparks. There are approximately 72 private airparks in Florida, and these are permissible. The question regarding the ability of cars and planes to traverse the roads that are in question is documented in our second amended declaration of condominium which was recorded with the county in 2007, which I can -- so I put a little arrow here. There's a little arrow in the paragraph where it states that both cars and airplanes will be traversing the roads within Wing South Airpark. COMMISSIONER FRYER: Before we leave that, may I ask -- would you mind being interrupted for a question? MS. DALEY: Not at all. COMMISSIONER FRYER: Mr. Chairman, is that all right? CHAIRMAN STRAIN: No. Go right ahead. COMMISSIONER FRYER: First of all, we're not in the business of enforcing private covenants, and the second point is is that they are -- they are junior to whatever the ordinances and state laws are. And if there is an ordinance or a state law that is offended by cars and airplanes being on the same road, that would overrule what your covenant says. Page 27 of 90 February 20, 2020 MS. DALEY: I would go back to my first comment that there are 72 private airparks in Florida, all of which have taxiways. I can't say all of which. Many of which I have been personally at, and they have airplanes and cars using the taxiways and the roadways. COMMISSIONER FRYER: Are you talking exclusively about on Tract C, or are you talking about the RSF4 area that we've been discussing? MS. DALEY: Both. Wing South -- Wing South is a privately owned property by 59 people. Wing South, the owners -- Wing South owns Tract C and it owns the RSF section that has been under discussion. The roadway coming off Rattlesnake Hammock is a private roadway that Wing South maintains at the cost of the people who live within Wing South and those that also use the roads along Skyway Drive, which includes Tract B and the Tract A component. That road is 20 feet wide and would have to be significantly changed, and there would be a lot of costs that would be charged to the developer -- or the residents of Tract E. Should they live there, they would have to participate in the maintenance of these roads. CHAIRMAN STRAIN: Karl. COMMISSIONER FRY: Thank you for being here, because I really was interested in your perspective on this. So as we understand, there's a settlement agreement that would theoretically allow Tract E people to utilize that road. You said it would require some improvement. What is your -- I guess the issue I see is that it looks like it was intended that Tract E would utilize that road. You have a settlement agreement. There was no other way in or out for Tract E up until now, up until this request. So how -- is your neighborhood prepared for the traffic? I mean, I think when you lived in Wing South, you knew Tract E -- theoretically, should know Tract E is there and that their access is through your development. So just tell me where you stand on the realities of this. MS. DALEY: Sure. First of all, it was built in --approximately 50 years ago. I was not here; neither was Santa Barbara. So it's been discussed multiple times that at that time, that was the only available access. The world has changed. There's a lot of public roads now, including Santa Barbara, Whitaker, Polly, and Adkins. So those make a much more appropriate choice for access to Tract E then does Skyway Drive. COMMISSIONER FRY: Would you be prepared for there to be access both ways? MS. DALEY: At this time, I -- there would have to be significant development change cost to allow for this access. The owners of tract -- of, excuse me, Wing South, of Tract B, would object to this strenuously. We would get petitions -- as voters, we would get petitions from all of the voters in the ShadowWood Villas and all of the voters in the apartments for submission to the County Commissioners, because we would object to public access to our private community. COMMISSIONER FRY: Thank you. CHAIRMAN STRAIN: Go ahead. Ned, then we'll go back to Stan. COMMISSIONER FRYER: Yeah. Ms. Daley, if you know, by what authority was the gate erected? Because the master plan that currently governs that area contemplates that the exclusive access for Tract E would be from Rattlesnake. MS. DALEY: I do not have documentation on who allowed for the gate. I was not here at that time. But this is private property, so I would imagine the fact that it is private property allows for us to erect structures on our property. COMMISSIONER FRYER: Would the residents of Tract E be permitted access through the gate? MS. DALEY: We would prefer not. COMMISSIONER FRYER: Thank you. Page 28 of 90 February 20, 2020 CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: Yeah. The first document you put up you said was recorded in 2007. MS. DALEY: That's correct. COMMISSIONER CHRZANOWSKI: Why did you wait so long? That's almost 30 years. MS. DALEY: That's the second amended and restated version of our condominium declaration. COMMISSIONER CHRZANOWSKI: Why didn't you show the first one? MS. DALEY: I did not bring that one. I brought the most current document. That could be found in the public record. CHAIRMAN STRAIN: Okay. Ma'am, thank you. You got in more to the issue that I didn't want to really get into because I really don't care if you guys drive airplanes on your road. It was an issue that was basically generated because it was used as a basis for another argument. Some of the things you said doesn't fit our zoning, to be blunt. I don't know how you got there, but that's not why we're here today, and I'll skip all those issues. And thank you for your time. And we'll go to the next speaker. MS. DALEY: I'm not finished. CHAIRMAN STRAIN: Oh, you're not, okay. Go ahead. MS. DALEY: Okay. So that was part one, because there were questions on the table that had -- that required answers, so I hope I answered some of those questions. The next two -- the next part of the conversation is the request on the table for access via Adkins, Whitaker, and Polly. So as we know, this is an airport facility, and it was recently upgraded through the LASIP project to have drainage all around the property. So the access via Adkins would be a very disruptive situation in terms of security, safety, and privacy for the homes on the north end of our property, if I can point. CHAIRMAN STRAIN: Tim, could you slide that down a little bit so we can see the whole top piece. There you go. That will work. And, ma'am, if you're going to speak, you'll have to have that hand-held mic to help you. We've got to be able to hear. MS. DALEY: Oh, terrific. Thank you. Okay. This is the first time -- my first time in this facility, so I appreciate. So this access point here, Adkins, is at the northwest corner of Wing South. It was recently upgraded through the LASIP project with maintenance roads, county maintenance roads, and the drainage ditch. If that road were to go directly east, it would traverse the maintenance road and get into the ditch and be within approximately 30 feet of the houses along that area, which would be a safety, security, and privacy issue for those homeowners. So we object to that access. We object also -- depending upon how the Polly access is determined, we would object to that because it would ultimately reach the end of the runway, which would then be a safety and security issue for our pilots and airplanes. So those are our objections to the petition on the table. We have no objection to the center, Whitaker, as that would have the least impact on the safety, security, and privacy of our homeowners. CHAIRMAN STRAIN: Okay. Thank you, Miss. MS. DALEY: Thank you for your time. CHAIRMAN STRAIN: Next public speaker, Ray or Tim. MR. FINN: Next speaker is Bernadine Harris. MS. HARRIS: Good morning, Commissioners. Bernadine Harris. I live on Adkins Page 29 of 90 February 20, 2020 Avenue in Sunset Estates. And I had some questions on -- this Wing South and this ShadowWood Villas that are already there, are they going to have access out of their community down Adkins Avenue as well to Santa Barbara? And how are you going to prevent them from doing that? One of my other questions was about Polly. You have that listed as one of the main accesses. That road's not paved, so I'm wondering if that was going to get paved. I had asked some of these questions at the NIM meetings, and they weren't able to answer it. And one of my other questions was about the utilities. I wanted to know if it was mandatory if they bring that water and sewer down Adkins Avenue, is it mandatory that homeowners hook into it, and I'm understanding it's not. CHAIRMAN STRAIN: That's what we've been told yes, that because the developer is paying for it, the Utility Department wouldn't have a mandatory charge for the improvements along the frontages of your units. MS. HARRIS: So if we did have to, we would just have to pay an impact fee? CHAIRMAN STRAIN: And then the connection from your -- from your residence out to the pipe. MS. HARRIS: We'd be responsible for that. CHAIRMAN STRAIN: Right. And if you're like my -- other places, if you -- that live in the Estates, you've got a long distance, so you'd have to probably put a little lift station in and pump it out. That's how it would go. MS. HARRIS: Do you know what kind of costs that we would be looking at? CHAIRMAN STRAIN: I think those -- no, I don't, but I've heard different numbers, but I don't want to -- I can't be sure, so no. MS. HARRIS: We don't know exactly how many homes are going to be built back on this property, so we don't know how that's going to impact our roads. And the traffic controller guy, I don't know what time of the day he's leaving Adkins and Whitaker. There's no lights there. There's three lanes of traffic on Santa Barbara. For us to pull out of Adkins and Whitaker and cross three lanes to go south, sometimes it's difficult, and we have to go up a couple ways for -- the cars will get us left our [sic]. And I don't mind single-family homes building in this development. I think it's a beautiful lot. But I think we should all have to share some access, and it shouldn't all be dumped onto Adkins Avenue. Thank you. CHAIRMAN STRAIN: Thank you, ma'am. Next speaker, Tim. MR. FINN: Next speaker is Suzanne Orschell. MS. ORSCHELL: Good morning. For the record, my name is Suzanne Orschell, 6266 Adkins Avenue. I'm here this morning to share my thoughts regarding what was originally advertised as an insubstantial change to the ShadowWood PUD, but evidently it's been changed to an amendment. But first some background. Sunset Estates, where I live, is a well -established moderate -income residential neighborhood. I believe it was laid out by Realtor Dewey Polly back in the mid'70s, and he also created Wing South. So my point is, Sunset Estates has been around just as long as Wing South has been around. We are zoned agriculture. Our lots are five acre, two -and -a -half, one -and -a -quarter. We have about 360 homesites. And my husband and I bought our property back in 1976. So we know the history and where the bodies are buried. It's my understanding that the owners of ShadowWood are requesting to use Adkins Avenue, Whitaker Road, and Polly Avenue as their ingress/egress. And, of course, I object. My road, Adkins Avenue, was the first to be paved, and that was quite an accomplishment. It occurred in the mid 1990s. The property owners gathered the funding -- my husband was one of Page 30 of 90 February 20, 2020 them -- submitted it to George Archibald, if you can imagine, who was then head of the Collier County DOT. Only one other has been recently paved, and that's Whitaker Road. All the other roads in the neighborhood, Sunset Boulevard, Polly, Sandy Lane, basically remain lime rock roads. We have no improvements. We have no street lighting. No sidewalks. Adkins can barely accommodate two vehicles side by side and has deep drainage ditches on both sides as well as cap rock which make improvement difficult. The private/public roads in this area serve residences and agricultural endeavors. They were never intended to be feeder roads for a neighboring development. And I do want to note that Adkins is not a direct line to Santa Barbara. It dead ends into Sunset, and then you turn left and right to then move forward to Santa Barbara. Connecting ShadowWood to Sunset Estates can't be compared to the integration of neighborhoods such as Kings Lake, Queens Park, and Lakewood. ShadowWood will likely be high density compared to us. Our neighborhood would solely be a conduit with no interaction between neighborhoods the way as the others that I just mentioned. We're unique due to our size of the lots. We're kind of like a Pine Ridge. There's -- you know, there's nothing really comparable to it in our neck of the woods. A lot of you probably don't even know we exist. Many people drive out and say, gosh, I never knew you guys were even here because we've been buffered; we're not really visual from Santa Barbara. The ShadowWood PUD is a part of the Wing South development that now -- that was originally intended to exit to Rattlesnake that has a traffic signal. And it appears that in 1996 there was a transfer of that PUD to SD Corporation. Although we live next to Wing South, we've never had access through it. We've always been very separate. My street, Adkins Avenue, dead ends into Wing South. My point is that Sunset Estates doesn't have any benefit from a connectivity standpoint. All that traffic will be going from east to west, not the other way. There's no reason to go the other way. And it sounds like it's going to be gated anyway. So in my estimation, this does seem to be -- to result in a change that would, quoting the Section H of the LDC, bring about a relationship to an abutting land use that's incompatible with an adjacent land use. And, again, according to the FLUM, 7.2, this petition does the opposite of connectivity by removing access to Rattlesnake. Yes, Santa Barbara is a six -lane divided highway, but for all of those -- of us who are on its east side, in order to go south, you first have to go north. And it sounds easy. You've got to go north, find a cut -through, and do a U-turn. But when the traffic is heavy, it's very difficult to move over three lanes to get to that cut -through. So you're driving -- you know, you can drive a couple spots north in order to scootch around. And I said, then it becomes quite easy to define the intentions of a driver coming from a side street versus me sitting in the median, because they're looking at this white-haired old lady saying, I know I can beat her. You know, so there's always -- you've got to make that eye contact before you jump out there. And as there's more development along Santa Barbara, and there's still a lot of vacant land, there's going to be more traffic. I think we've addressed the part that scared the heck out of me about the utilities, because we've got a 660 frontage. We have two five -acre lots together. So, God willing, nothing will change as far as utility connectivity. What's been a little stressful is that when the NIMs were conducted last May -- and Mr. Barton was the person doing that -- there were so many questions he couldn't answer, because there is no developer. So anything to do with traffic study, how to quantify anything really can't be done because there's no definitive plan yet. So while I only wish the best for my neighbors in Wing South, and I appreciate their Page 31 of 90 February 20, 2020 sparing of Adkins as, again, we're a dead-end street with a lot of deer and critters, I strongly wish that Sunset Estates not be the solution for ShadowWood. We didn't profit from a transfer of property. We didn't participate in the creation of the PUD. We didn't make any changes to their road. I would suggest that ShadowWood with egress/ingress to Rattlesnake and possibly add the four acres at the end of the Wing South runway; use that as an egress through Serenity Park to Collier Boulevard. I couldn't find any documentation on the FAA website that restricts the distance from a runway to a roadway. I mean, we've got them all kind of -- you know, look at New York City, for heaven sakes; they're crazy. Again, I'd propose that ShadowWood stick with the original PUD; otherwise, the PUD should remain as it is until there's an actual developer which could quantify its impact. And just a little sidebar. Under --the ShadowWood PUD had been considered for purchase by Conservation Collier. And the company that owns that also owned 30 acres to the south, which Conservation Collier, I believe, has entered into an agreement with to purchase. But the analysis of that -- and we're talking about environmental. There is a tremendous amount of wildlife existing that it was never written in that -- I mean, I always wanted to go back and talk to the folks and say, can't we quantify when really -- who really lives out there? Because I know we've got the panthers. We've got the bobcats. I've got a wild turkey. You know, there's a lot of -- there's a lot of wildlife out there. So I'm still hoping Conservation Collier may be the solution. So thank you very much for your consideration. CHAIRMAN STRAIN: Thank you. Next speaker, Tim? (Applause.) MR. FINN: Next speaker is Keith Orschell. MS. ORSCHELL: He's good. He ceded his time to me. MR. FINN: I don't have any more. CHAIRMAN STRAIN: Okay. That's all the registered speakers. Is there anybody here who has not spoken that would like to speak on this matter? Sir, if you'll come up. And you'll need to find -- tell us if you were sworn in or not. MR. BUCKLEY: Yes, I was sworn in. CHAIRMAN STRAIN: Thank you. MR. BUCKLEY: Rob Buckley, 6378 Adkins Avenue. I'm actually the last house on the end of Adkins where I'd be pretty significantly impacted. So, naturally, I'm against them using Adkins. I also -- the property -- Adkins doesn't touch that property anymore, but LASIP bought out the right-of-way and put a canal and a maintenance road there and then put up a fence in front of my place and an access gate at the end leaving just enough room for the garbage truck to turn around. So I agree with the airport, to put that in between this fellow's home and my home, there's not even enough room there for the proper amount of right-of-way. And somehow LASIP would have to give the property back to them, or they'd have to build an overpass or something. I'm just not sure how they'd get there on that particular end. So while I just as soon it not go to any of those three roads, I'm definitely against having it go out Adkins. I think it would create a lot of problems. And that problem, like Sue Orschell said, I have bees around the neighborhood. I have a tractor I help people with. That road is used -- I use it all the time for my utility cart, the tractor going up and down the street, stuff to move my bees. You know, it's agricultural out there, and now you're saying you're going to run 94 cars up and down the street. I don't know how I'm going to get out my driveway. Page 32 of 90 February 20, 2020 So I'm against it. Thank you for your time. CHAIRMAN STRAIN: Are there any other speakers who will like to -- like a moment who have not already spoken? (No response.) CHAIRMAN STRAIN: Okay. With that, we'll move to the -- the rebuttal opportunity for the applicant. MR. YOVANOVICH: I just want to, again, summarize that what we're proposing is consistent with your Comprehensive Plan, in fact, is encouraged by your Comprehensive Plan. We're asking to use public roads that we know we will have to upgrade and make improvements to get access to Tract E. We are in a situation where no matter what we do someone's going to be unhappy. If we force all of these units through roads that are shared by airplanes, you've heard that community is unhappy. We are equitably distributing the traffic through public roads and, frankly, have the right to use those public roads and are asking for that to occur. You would have, I'm sure -- had those public roads been available to Santa Barbara in 1982, there would have been access points on this master plan showing that access to Santa Barbara. We are asking that you follow your planning staffs recommendation, which is to approve the proposed changes to the ShadowWood PUD, and we're available to answer any questions you may have regarding the application. CHAIRMAN STRAIN: Anybody? COMMISSIONER FRY: Yeah. CHAIRMAN STRAIN: Karl, did you have something? COMMISSIONER FRY: Rich, I mean, to me this is kind of a rock and a hard place, right? We're talking about somebody's going to be unhappy. It's really a question of how many people are unhappy. Certainly, the scenario makes sense. You know, we're trying to come up with an equitable solution, a practical solution to build the homes that were -- you know, there are allowed to be built in that area with reasonable access in and out of the neighborhood. So help me weigh what I think is a real conundrum here is that you have what was agreed, which was access to the south through Wing South -- and I absolutely understand, ma'am, what you're saying as the president of Wing South, that you don't welcome additional traffic, and there would be improvements to the road; however, that is what has been part of what was approved for many years. So, you're saying, let's -- I mean, understandably, and I would feel the same -- let's transfer the burden of all that traffic to these other public roads so they can get out to Santa Barbara. I guess what I'm trying to balance is people's -- do people have a reasonable expectation, if they've done their research in what is allowed to happen around them, to expect that it will stay that way? I mean, I certainly understand if a PUD's been approved next door to you and it has access, you know, approved through your neighborhood, that you have to prepare for that. Wing -- you could argue that Wing South should be prepared for that access from the south when Tract E was built. 1 think that's a legitimate argument. But it makes practical sense to allow multiple interconnections in getting over to Santa Barbara aswell. So help me weigh how only that approach of going west to Santa Barbara makes sense and that Wing South, you know, should be spared even though the access really was approved through Wing South. MR. YOVANOVICH: Let's take a step back, if you don't mind. COMMISSIONER FRY: Not at all. MR. YOVANOVICH: When the lawsuit started back in the'80s, the only access that existed in that area was Rattlesnake Hammock. So under the law in Florida, everybody has the right to access their property. So they would have -- I did not review the pleadings, but my guess Page 33 of 90 February 20, 2020 is there was probably some allegation that we have the right to come through your property anyway because our only way'of that public access was to Rattlesnake Hammock Road. So there was a settlement agreement that -- and, frankly, the settlement agreement also says that if you find another way out, you don't have to now contribute to the payment of the roads. There was an apportionment of costs that was brought up about if these roads are used by these 364 units, they pay their fair share of the road maintenance. So you had a situation which was an uncomfortable situation in the first place back in the '80s about access. That was the only way out. Fast forward a little bit to 1989 when the county adopts its Comprehensive Plan. This property is in the urban area. That's the yellow portion of the Future Land Use Map for everybody up here, and for those who have never seen it in the audience, I wish I had brought it. Base density in the urban area is four units per acre. I think it would be reasonable to assume that people could put together some of the existing agricultural properties that front Adkins, Whitaker, Polly, whatever, put them together and come in to rezone that property at four units per acre. So you can reasonably anticipate under today's Comprehensive Plan that there would be an increase in density and increase in the number of vehicles along Whitaker and Adkins and Polly. You can't assume under today's Comprehensive Plan that things are going to stay the same forever. In fact, the Comprehensive Plan says, fill in the urban area. So you would expect higher density in this area in the first place. That's exactly what happened. You have four units per acre on this piece of property, and you would expect under the Comprehensive Plan that access would find its way to Santa Barbara. We've already committed to two of the three, not all three, access points. We also committed to emergency access between -- interconnection between the RSF4 property and the Tract E property. So if there was a reason that people needed to go back and forth because there was either an accident at Rattlesnake Hammock, obviously, the people in Wing South could then come through and go that way and vice versa if you needed to get emergency vehicles in. We've accommodated that. If we need to provide similar accommodations in emergencies, I'm sure we can work with the residents in the neighborhood area as well. I mean, that's what neighbors should do if there's a need for emergency vehicles for people to come through our community. I'm sure we can work all of that out. So what I get back to is this is still a public road. It is not a private road. We will be bringing it up to county standards at our expense. Nobody else's expense. I think it's unreasonable to expect that public roads will serve as private roads for limited access by only people who front them. I don't think that's a reasonable expectation. And what we've done is we've provided for the opportunity for not all of that traffic to go onto Adkins and not all of that traffic to go on Whitaker. Split it in a capacity that could be handled with improvements at our client's expense. COMMISSIONER FRY: Could you or Mr. Barton speak to the -- I guess the statements of the Wing South president and the resident at the end of Adkins Avenue; that that access isn't workable as a third -- or second or third access point. MR. YOVANOVICH: I'll let Bill, the engineer, explain how it actually is doable. MR. BARTON: What we -- for the record, my name is Bill Barton, and I do represent the applicant in this matter. What we have at the end of -- at the west end of Adkins as it approaches Tract E is an existing stormwater management system. Certainly, there is expense to that section but, physically, it can be made. It would simply have to be a major box culvert, probably a right angle box culvert at that location. But, physically, I see no reason that there's not -- there is adequate property as I understand it. The 60-foot right-of-way does abut into the existing stormwater management system, also publicly owned. So the property is publicly owned all the Page 34 of 90 February 20, 2020 way to Tract E. COMMISSIONER FRY: What about the objection to the road on the north side regarding the north end of the runway, the potential conflicts between planes and cars there? MR. BARTON: That one I -- frankly, that confused me. I didn't understand that because our request is an access to Polly as it exists today, not an extension of Polly to the east. There's no intent to do that. So Polly would not be extended to the east to conflict with the end of the runway. COMMISSIONER FRY: Thank you. MR. YOVANOVICH: Yeah. I put up the master plan to show you that there would just be a small portion of Polly used for access to Whitaker. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Okay, Rich. Are you finished? MR. YOVANOVICH: I believe so. CHAIRMAN STRAIN: Okay. Thank you. With that, we will close the public meeting. And we'll entertain a discussion and then a motion. Go ahead, Ned. COMMISSIONER FRYER: Chairman, I -- by your lead, I'm going to ask you a question; I'm going to work up to it. In your capacity as someone with significant experience and expertise in planning and looking out for what might be in the best interests of Collier County and this particular area. So leading up to that question, let me say this: First of all, the Rattlesnake Hammock problem is not one of the applicant's making. It seems like there was some -- "sloppiness" may be too strong a word, but some assumption made along the way with respect to what is permitted on these roads that are on RSF4 having to do with airplanes and what could be accomplished through an indenture and the like. But these are not things that are before us, although I hope at some point perhaps the residents of Tract E might raise the question and have it decided by the body that is more appropriate than we to determine whether that access should be available. Now, having said that and getting to my question to you, Chairman, I had asked Mr. Yovanovich, and he replied -- actually, he took the initiative to suggest that they would be satisfied with two of the three western accesses, their choice after they see, you know, what kind of a development configuration they would have. So my question to you is, is the community better served if we limit them to two out of three, or is the community better served if they have all three? CHAIRMAN STRAIN: Well, right now the option seems to be to put the entire load on the east/west connections, and I think just to completely ignore and eliminate the southern connection and not make that part and parcel to the functioning of Tract E is a huge mistake. At the same time, by doing that, you wouldn't need three connections east/west. You'd probably need one; approximately [sic] Whitaker Road. And if you were to do that -- and then make a connection to the south that was functional. Whether or not it's gated or not, that's something that needs to be researched. Whether or not it has airport -- or planes on the road that is not part of an aircraft park -- because the airpark wouldn't be zoned RSF4. It would be zoned something else --is a whole 'nother gamut to have to discuss. But we're lacking so much detail. We don't even know how many units they're talking about. The amount of detail in this thing today and, for example, the roads, the improvement on the roads, are all going to factor in how much -- how they function for the neighborhood that's there, especially if it's Whitaker Road versus any of the others, and how it functions and connects Page 35 of 90 February 20, 2020 to the south to get to Rattlesnake Hammock, which was always part and parcel of this PUD. To now say it doesn't apply at all and that's all gone away, is far beyond what I think is reasonable, and it's not a compromise. And that's my thoughts on it. And if that helps you, Ned, with your -- COMMISSIONER FRYER: It does help. The part I'm having trouble getting -- and maybe it could be accomplished by means of a condition where people who are real parties in interest could pursue this before a person or group that has jurisdiction, but we don't really have jurisdiction to say take down the gate, do we? CHAIRMAN STRAIN: I don't know, because I don't know how the gate was erected to begin with. But I do know the questions that we've asked, the information we got is so lacking in detail that it just --is not ripe in my opinion. When we have a road system that isn't --that has wanted to be used without express detailed improvements that are supposed to -- that the applicant would bear the brunt of to improve that road system to make it safe for the residents and then tie to the quantity and then still show the connection to the south, that should have been part and parcel -- that was part and parcel of this whole PUD and is still today. All that should come together in a package, and it's not here today, and that's the piece I'm trying to figure out: How do you put something together that's so scattered? COMMISSIONER FRYER: Thank you. CHAIRMAN STRAIN: Go ahead, Stan. COMMISSIONER CHRZANOWSKL• To my way of thinking, the more access points you have, the more you spread out the burden onto any access point. And Chris Hagan's transportation analysis does say 364 units, and that's what Rich Yovanovich said, 364. So I'm -- you know, that's the number I'm going with. I don't know if that's -- CHAIRMAN STRAIN: Well, the county's records, CTS, which you guys don't see, has --that keeps track of development available, and it has 238 left, I think, on that project. That could be wrong. Maybe there's something missing, but that's what -- COMMISSIONER CHRZANOWSKI: So then they've overestimated. We're in better shape than they think we are. CHAIRMAN STRAIN: Honestly, I don't disagree with you, but it still doesn't negate the fact that we don't have -- I don't have enough understanding as to why it's all got to be on the burden of the neighborhood to the west and that the original neighborhood that was supposed to acknowledge it and take part of it is now saying we don't want anything of any of it. That doesn't make any sense. MR. EASTMAN: But that's what Stan's saying. Stan's saying the more accesses you have, including the south, the more the burden is spread. COMMISSIONER CHRZANOWSKI: Well, I wasn't saying including the south, but I don't have a problem with going to the south. But I think we're asking for trouble. If we have a plane/car collision on the ground -- and I wouldn't want to be the insurance company or writing up the accident report for the sheriffs department. CHAIRMAN STRAIN: Well, now we're -- now we're saying, whatever operation's going on the south is something to avoid even though that operation may not be consistent with our zoning requirements. I mean, I don't know how you use that as a reasoning, but... COMMISSIONER CHRZANOWSKL• Forty years it's been working. CHAIRMAN STRAIN: And, again, I wish -- I hope it continues to work. COMMISSIONER CHRZANOWSKI: If this was a separate parcel and they all wanted to go to the west, what would we do? We'd let them. CHAIRMAN STRAIN: Right. But they would come under the rules of today and analyzing that PUD and its impact, its development standards. It's all the treatments. They don't want that. They want to keep -- they want to grandfather in the old PUD but use the benefits of the modern access points. There's a big difference there. Page 36 of 90 February 20, 2020 COMMISSIONER CHRZANOWSKI: Yeah, I know. CHAIRMAN STRAIN: Well, that's where I'm going. COMMISSIONER CHRZANOWSKI: I'm glad the final decision won't be mine. CHAIRMAN STRAIN: Well, we can all -- anyway. Anybody else? COMMISSIONER HOMIAK: I have to agree the more access points you have, the less traffic is going to be impacted. It's going to be spread around. But going through the Wing South -- the west side, that road there, right at the very end to where it abuts the Tract E has houses on either side with airplanes. You're going to put traffic in front of their house for -- on a private road? It's private right now. CHAIRMAN STRAIN: It's got a settlement agreement, Karen. That's the only thing I can tell you. It's there, and the residents there or the owner at the time agreed to it. It should have been available to the people who bought there. It's a recorded document. That's how I found it. So I don't have -- I don't know what to say to that. Anybody else? (No response.) CHAIRMAN STRAIN: We did talk about things. I don't know which way the motion's going to go. I'll just tell you, you know, they were going to --we talked about the traffic -calming costs, that basically they should be all part of the developer's costs. The changes in 5.6, which is leaving the pool and tennis court numbers the same, was something we had talked about, and the amenity center being a minimum of 100 feet from any perimeter boundary of the PUD was something that we've done in other PUDs that we discussed might be worthwhile. That's the only things I've made notes on. And, again, I'm just saying that so that everybody is aware of it in case the motion is to recommend approval, so -- and I'll turn to you -all for a motion. Anybody have any -- COMMISSIONER FRYER: One more question, if I may, Chairman, to the County Attorney. CHAIRMAN STRAIN: Go ahead. COMMISSIONER FRYER: I, obviously, have not seen the settlement agreement. I'm not sure whether you have. In your view, would we be in a better position to make the appropriate judgment on this if we continued this and then saw the settlement agreement and knew some of that background or not? MR. KLATZKOW: It's a private settlement agreement, it's my understanding. County's not a party. COMMISSIONER FRYER: County's not a party. MR. KLATZKOW: That's my understanding, in which case I really don't care about it. CHAIRMAN STRAIN: And you're right, it is private, yeah. COMMISSIONER FRYER: Okay. Thank you. CHAIRMAN STRAIN: Does anyone want to make a motion one way or the other? COMMISSIONER CHRZANOWSKI: Yeah, I'll make a motion. I move to approve with three access points to the west, and I don't know how to word discouraging connection to the road to the south that has airplane traffic on it, and the other items that you mentioned in your comments. CHAIRMAN STRAIN: Okay. Is there a second to the motion? COMMISSIONER HOMIAK: I'll second it. CHAIRMAN STRAIN: Discussion? (No response.) CHAIRMAN STRAIN: There's not enough detail here for me to go along with the motion, and I think a solution is not -- shouldn't be on the backs of all the residences to the west. I think that's wrong. The amount of access points, we don't normally get that many access points in Page 37 of 90 February 20, 2020 a PUD. I'm not sure how it's warranted here, just to put that burden on the traffic to the west. So I won't support it. There was a plan that used the full access to the south done in 2017, and the idea that RSF4 has got airplanes on it -- it's not an airpark by our zoning -- I don't know how that got there. I'm not against it, but at the same time it shouldn't be something that -- it shouldn't be the basis for saying we can't have any traffic to a valid connection to the south. So that's my position on it. There's just not enough thereto warrant my recommendation. Anybody else? COMMISSIONER FRY: I'd love to hear from other commissioners as well. I mean, I'm struggling from a fairness perspective with all the burden, as commissioner -- or Chairman Strain says -- going to the west on those -- to those residents when the agreement was that it at least -- in my opinion, it looks reasonable that at least some of it would go to the south as well. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: I support the motion. My only concern was the issue that was brought up. And, Tim, can you scan out on that a bit. My only concern was on Tract E, the most northern piece of Tract E, if there is some kind of development that goes towards the runway, that certainly would have to be eliminated, because there's an approach -- an approach zone that definitely would have to be somehow accommodated. It's not on this -- this PUD, but certainly it would have to be on the plat or plan as to -- so that any type of approach zone doesn't encroach -- or that -- any type of development doesn't approach into the approach zone. But with that, I'm prepared to support the petition. I agree from a standpoint of the three access, but I leave it up to the developer to coordinate those access points and, of course, the improvements that go along with it. But they're responsible for any of the road -- the road improvements that connect to Santa Barbara. CHAIRMAN STRAIN: What road improvements are they going to do that are stipulated? COMMISSIONER SCHMITT: Well, there -- CHAIRMAN STRAIN: I mean, are we going to have sidewalks? Are they going to have streetlights? Are they going to have -- I mean, all that stuff is left hanging. There's been no voluntarily -- there's been no issues volunteered to provide improvements. COMMISSIONER SCHMITT: That's outside the -- but outside the PUD. I don't know if we can stipulate that. CHAIRMAN STRAIN: Oh, yeah. COMMISSIONER SCHMITT: Then the county would have to -- would be some kind of developer cooperation agreement with the county requiring it for a road. They said the -- one the road -- which one is it? COMMISSIONER FRY: Whitaker. COMMISSIONER SCHMITT: One of them's still a dirt road. COMMISSIONER FRY: Polly. MR. KLATZKOW: Could we get Transportation up here for a second. COMMISSIONER SCHMITT: Yeah. MR. KLATZKOW: Based on transportation reports, are we going to have to improve these roads with the access point being granted? MR. SAWYER: At this point, the information that we have indicates that the roads will be within capacity. CHAIRMAN STRAIN: That's what I was getting at. MR. KLATZKOW: So the answer is that there will be no requirement that the roads be improved. CHAIRMAN STRAIN: Nothing going to be changed. Nothing going to be improved. Page 38 of 90 February 20, 2020 (Simultaneous crosstalk.) CHAIRMAN STRAIN: How does that help the neighborhood? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Mike. COMMISSIONER SCHMITT: Mike, before you go, I mean, in the past, we've had several developments come in, but we've had -- and as Mark alluded to here, far more detail in what the development plan would be. And we've required improvements to county roads outside of the PUD because of the impact they were going to have on traffic. I can think of one, Treviso Bay, which is the back of the -- it's a gated community, and it's a limited access, but we forced that developer to improve that road, the easternmost road. I can't -- I can't remember the name. It comes off of 41. MR. SAWYER: Correct. COMMISSIONER SCHMITT: But that was all tied to the impact that that development was going to have on that road. MR. SAWYER: Yeah, I wasn't part of that, but I would assume, yes, that was what it was based on, yes. COMMISSIONER SCHMITT: Okay. But as of right now, yeah, there's no -- you're stating there's no impact -- MR. SAWYER: What I can tell you is that the county did, in fact, go through and put down asphalt on a number of these roads -- COMMISSIONER SCHMITT: Yeah. MR. SAWYER: -- just last year. The assumption is, because of that, then they are -- they've been brought up to a current standard previously. They -- they were gravel roads. These would be looked at as local roadways, at which point we would normally look at -- and rural, at that. We would look at their capacity being approximately 2,000 vehicles per day or 200 peak vehicles -- COMMISSIONER SCHMITT: Okay. MR. SAWYER: -- p.m.; p.m. peak. CHAIRMAN STRAIN: Thank you, Mike. MR. SAWYER: Sure. COMMISSIONER DEARBORN: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER DEARBORN: It looks like the -- I think the record's going to show that I thought at one time Mr. Yovanovich motioned to his client and said for the record that they were willing to put in sidewalks with approval. Did I misunderstand that? CHAIRMAN STRAIN: I don't know -- COMMISSIONER DEARBORN: Improvements. MR. YOVANOVICH: What I said is we were prepared to bring the roads up to county standards, whatever that is. CHAIRMAN STRAIN: And they're already at county standards. MR. YOVANOVICH: So we're prepared to do that. MR. KLATZKOW: They're prepared to do nothing because nothing's required. MR. YOVANOVICH: Well, when I made that statement, I didn't know nothing was required, quite honestly. I mean, we -- COMMISSIONER DEARBORN: I could have sworn I heard him say sidewalks. MR. YOVANOVICH: Frankly, I thought we were going to be required to put a sidewalk in to bring it up to county standards, so we were prepared to do that. CHAIRMAN STRAIN: Karl, Ned -- Karl, then Ned, then Karen. COMMISSIONER FRYER: Do you want me to go? Page 39 of 90 February 20, 2020 COMMISSIONER FRY: Yeah. COMMISSIONER FRYER: Okay. I share the Chairman's concern that we don't have all the facts that perhaps we need before us, and I don't believe -- having said that, though, I don't believe that it is a problem of the applicant's making. And considering that the settlement agreement that we've referred to is completely private, there would be -- there would be nothing in it that would guide me in a direction about, you know, how airplanes can be allowed on RSF4 streets and how gates can be put up in contravention of the current master plan. But having said that, then it gets to a point of, for me at least, whether there should be two western or three western accesses, and I haven't heard any members of the public arguing that two would be better than three. I heard one person say one would be better than three if it were the one chosen by that member of the public. So I'm not thoroughly comfortable with what I have in front of me, but based upon what I do have in front of me, I'm going to vote in support of this at three. CHAIRMAN STRAIN: Karen. COMMISSIONER HOMIAK: The motion's not changed -- Patrick was talking about sidewalks, but if there's no right-of-way, you've got to take people's property. I don't know if these people would want to sell their property for a sidewalk. CHAIRMAN STRAIN: Those are all -- COMMISSIONER HOMIAK: I didn't hear anybody want one. CHAIRMAN STRAIN: That kind of detail is something that we don't have in front of us today. Go ahead. COMMISSIONER FRY: Mr. Yovanovich said that they were willing to only do two of the three, and I wanted to clarify, does the motion require them to put in all three new access points? CHAIRMAN STRAIN: I think the access points are optional. I'm not sure if they're required. They're just saying these are the access points they want. If they come down with a traffic plan in the future that shows they want to do less than that and it goes through an SDP process, they may end up getting their SDP approved, because it's one of -- a number of the access points that are here. I think you can ask for more, but you can ask for that -- you can build less, but you can't build more. COMMISSIONER FRY: So as a kind of a case study, in my neighborhood where I came from, we had a PUD that we knew had a right to build, and so we negotiated that they would pay fully for traffic calming on our street, and the reality was similar to this in that the traffic study said our road had plenty of capacity, but we negotiated some benefit for our neighborhood. And I think that what I feel is missing here is that there is potentially no benefit at all to the residents that -- to the west that are going to suffer the burden of the traffic still within limitation. So I feel like that component is missing from this in terms of something being set in stone that would benefit those residents that are going to endure this additional traffic. MR. YOVANOVICH: That's not what I said. CHAIRMAN STRAIN: Richard, I think you said that they were willing to build it up to county standards; is that correct? MR. YOVANOVICH: You forgot we also agreed that if the county standard requires -- I know speed bumps is the wrong word -- speed tables, we would pay for that. That's what we said we would do. CHAIRMAN STRAIN: Then forget it. That's one of the language changes that were supposed to be made. MR. YOVANOVICH: Right. It wasin there. So I just want to make sure that that --I just want to make sure that's in the record, too. We did agree to that commitment to those things at Page 40 of 90 February 20, 2020 our expense. COMMISSIONER FRY: But didn't we just hear the county -- didn't we just hear Mr. Sawyer say that there really is no requirement for any improvements, even the road that is dirt that's not paved? MR. YOVANOVICH: We would absolutely have to pave the dirt road. I think he was talking about the existing paved road. COMMISSIONER FRY: Okay. I would like to clarify that. COMMISSIONER HOMIAK: The traffic calming, that's a program for all the whole neighborhood. All the people involved have to get involved in -- COMMISSIONER FRY: Well, that's why -- COMMISSIONER HOMIAK: Not just --it's --these people need to be involved that are along the street, not just -- there might be something else other than speed tables. COMMISSIONER FRY: In my opinion -- COMMISSIONER HOMIAK: The process of -- (Simultaneous crosstalk.) COMMISSIONER FRY: -- that negotiation that my neighborhood had with the developer is missing from this equation. And if we are going to approve access through those streets, I feel that conversation ought to be had, and there ought to be something negotiated where they do receive some benefit and some input in what might be a reasonable improvement to those streets in terms of traffic calming or sidewalks or whatever that's to their liking. Now, I don't know if that's within the purview of our -- what we're talking about today, what we're ability -- what we have the ability to decide, but I feel like that part of the equation is missing. MR. SAWYER: Possibly just for clarification, if I might. I was previously talking about the capacity of the roadways as they exist. The Neighborhood Transportation Management Program, NTMP, that's separate. That is -- it looks at the capacity of the roadways, but it also looks at speeds. And what we look at is making sure that 85 percent of the traffic that is on those roadways when we're doing our studies is at or below or what we would normally consider either the posted speed or what we would consider normal for a local roadway, which is 30 miles an hour. So when we're looking at capacity for -- with a zoning petition such as this, it doesn't meet the AUIR. You know, is it consistent with the Growth Management Plan? The NTMP takes into consideration capacity of the roads still, certainly, but also, more importantly and most of the time, the actual speeds that are found on those roadways. So potentially in this area, if the speeds get excessive for the neighborhood, then the NTMP would kick in, and there are a number of techniques that we look at. Speed tables are certainly one of them. We've seen some success with simply getting roadways striped if they don't have striping. You know, certainly sidewalks. There's a number of techniques that we look at within that program. COMMISSIONER FRY: So, Mike, we have an applicant who's willing to pay for some improvements if they're required, but we are told, really, there are no improvements required other than paving the road that is not paved. MR. KLATZKOW: The issue is whether or not they're needed. MR. McLEAN: For the record, Matt McLean, director of Development Review. That's absolutely correct what Jeff s indicating. When the development's coming forward at PPL or SDP -- MR. KLATZKOW: The issue is whether or not it's needed, not whether or not it's required. And staff will make that determination based on studies whether or not it's needed. MR. McLEAN: Yeah. And when they come in to connect to those roadways, they're Page 41 of 90 February 20, 2020 going to have to do off -site improvements to get these roads to meet current code. So they'll be fixing roadways that potentially are already paved that maybe they're not the full width that they need to be. They're going to be adding sidewalks. They're going to be doing all of that, and all of that's going to come through at the site development or platting stage. COMMISSIONER FRY: Okay. So that will be approached down the road. And, I mean, I must agree that, practically speaking, that makes a lot more sense to go out the public roads to Santa Barbara than to go through a small road that's private with airplanes sharing the road with cars, so... CHAIRMAN STRAIN: Okay. Anybody else? Tom? MR. EASTMAN: Mike, I had a question for you. From the county's perspective for level of service on Rattlesnake and Santa Barbara, this traffic has to go somewhere, right? I mean, they're going to get an access. That's their legal right. It has to go somewhere. And the question is, where's the burden going to be? But looking at it from the level of service for the county roads on Rattlesnake and Santa Barbara, was the level of service the best if it goes both to the south and to the west? MR. SAWYER: I actually checked both the -- both level of service for both roadways, both for 2018 and 2019. They're both remaining at Level B. Certainly, there is an argument that if you distribute the traffic both -- on both Rattlesnake as well as Santa Barbara, that's a good thing. Keep in kind mind this applicant is not asking for additional units, additional traffic. The traffic that we looked at in the TIS was simply the existing number of trips that they would have originally had anyway. What we were looking at with this TIS, principally, was just the distribution and how it was affecting the adjacent neighborhood, because it wasn't anticipated that the traffic would go west to Santa Barbara originally. MR. EASTMAN: The units will be the units. Whatever is developed there eventually, the units will be units. It will be what it will be. The question is the burden that that traffic will create. And you had said that it's best from a level -of -service standpoint if it's distributed to both roads. MR. SAWYER: I would agree with that, yes. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: There's been a motion made. It's for a recommendation of approval with stipulations. It's been seconded. We've had discussion. I'll call for the vote. If you're in favor, signify by saying "aye," and raise your hand. COMMISSIONER FRY: Aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Five in favor. Same sign for those opposed? Aye. COMMISSIONER FRY: (Raises hand.) CHAIRMAN STRAIN: Carries 5-2. Thank you all for coming, and we will move on to the next discussion. Before we do, I want to ask the Planning Commission as far as timing today goes, we usually break at 4:00. I think we'll have our full amount of questionable product by 4:00. That should be enough to tire everybody. Is that okay with you guys to leave at 4:00? Page 42 of 90 February 20, 2020 COMMISSIONER FRYER: Yes, sir. CHAIRMAN STRAIN: Anything we don't finish by 4:00 will be continued to our next meeting. So with that, our next item on the agenda, we'll start it. We'll see if we can finish it before lunch, or we might work this one until we get done with it and then go right into lunch. ***It's PL20180003276. It's for the off -site parking for a fast-food restaurant located on the southeast corner of Immokalee Drive and State Road 29 in Immokalee. All those wishing to testify on behalf of this item, please rise to be sworn by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: We'll start with Tom for disclosures. MR. EASTMAN: None. COMMISSIONER CHRZANOWSKI: None. COMMISSIONER FRYER: None. CHAIRMAN STRAIN: None. Karl? COMMISSIONER FRY: None. CHAIRMAN STRAIN: None. Karen? Joe? Patrick? COMMISSIONER SCHMITT: (No response.) COMMISSIONER DEARBORN: None. CHAIRMAN STRAIN: Okay. With that, Clay, I -- you can approach us any way you want. I'm not sure how many questions there are going to be. This is a -- so let's go for it. MR. BROOKER: Well, I promise this one will be shorter than ShadowWood, and there are no airplanes driving through McDonald's. CHAIRMAN STRAIN: Well, if there were, you could have anything you want. COMMISSIONER SCHMITT: Can they drive through the drive -up window? MR. BROOKER: Yeah, absolutely. But it's got to be golf cart size. COMMISSIONER HOMIAK: Golf cart. COMMISSIONER SCHMITT: Golf cart. MR. BROOKER: Good morning. My name's Clay Brooker. I'm an attorney with the Cheffy Passidomo law firm located in Naples. I'm the agent of the applicant of the petition before you today, a parking exemption request for the McDonald's in Immokalee located at the southeast corner of State Road 29 and Immokalee Drive. Also with me is an engineer for the project, Jeffrey Satfield, with the CPH Engineering firm. This project is the rebuild and expansion of the McDonald's at this location. On the visualizer or on the screens are an overhead aerial view. This is existing conditions overlaid with some lines -- boundary lines that I'll explain in a moment. But this is, in general, what the property looks like today. The expansion -- the proposed expansion will result in a larger footprint of the building itself as well as two drive -through lanes will be provided rather than the current one. To our knowledge, this project is not controversial. Everyone we've heard from is in favor of it. County staff recommends approval. And after appearing before the Immokalee CRA advisory board last week, that board voted unanimously in support of it. The expansion of the restaurant requires more land for water management and parking purposes only, and that additional land is located in this area here. So the eastern boundary of the existing restaurant site will extend further eastward down Immokalee Drive. From a land -use regulation perspective, the issue with this proposal -- with this proposed expansion is that part of the additional land is zoned residential. And here I have a line Page 43 of 90 February 20, 2020 demarcating the change in zoning from commercial on the east -- I'm sorry -- on the west, and the residential zoning on the east. When we first approached the county, we assumed that we would be rezoning the commercial lands; however, county staff advised us that that would not be necessary for the following reasons. Here is the conceptual site plan for the proposed McDonald's. Again, you see the line of demarcation between the two zoning -- the two zones there. As you can see, the only proposed improvements on the residentially -- residentially zoned land to the east is parking and a stormwater dry detention pond. There's no vertical construction, and no vertical structure will be proposed or will be constructed on the area -- in this area. Under these circumstances, county staff advised us that rather than a rezone, the only approval necessary was a parking exemption, and that exemption is from the general requirement that all parking be located on the site of the project that the parking serves. County staff felt that due to the change in zoning, a parking exemption would be required. The county's Land Development Code contemplates such an exemption, but approval must be obtained through a public hearing process and ultimate decision by either the Hearing Examiner or the Board of County Commissioners. So we filed an application for parking exemption related to these parking spaces here only, and that's the application before you today, that issue. In a nutshell, we are seeking approval to place those 17 spaces -- 17 of the required 61 total for the proposed McDonald's, and those will be on the contiguous -- those 17 will be on the contiguous abutting residentially zoned land. We held the neighborhood information meeting last month. Only one person attended, Richard Johnson, who is a representative of the owner of the property immediately east and southeast of this site. He stated that he has no objection to the project and showed up at the NIM only because he was curious to see the site plan. In conclusion, we know of no objections to this application, the owner of the property immediately to the east and south has no objection, county staff recommends approval, and the Immokalee CRA Advisory Board unanimously supports it. We, therefore, respectfully request that the Planning Commission recommend approval to the BCC. Thank you. CHAIRMAN STRAIN: Any questions of the applicant? Ned? COMMISSIONER FRYER: The lot immediately to the east of McDonald's where a portion is going to be for parking, like maybe a quarter of it or a third of it, will the remaining two-thirds continue to exist RSF4 or 5, whatever it was? MR. BROOKER: That's correct, yes, sir. COMMISSIONER FRYER: Would that -- would that remainder be a buildable lot? CHAIRMAN STRAIN: Not by this plan. MR. BROOKER: If you're referring to this property here -- CHAIRMAN STRAIN: Yeah. COMMISSIONER FRYER: Yes. MR. BROOKER: No, sir. That will be -- COMMISSIONER FRYER: Okay. MR. BROOKER: -- that will serve as stormwater management for the proposed McDonald's. COMMISSIONER FRYER: Okay. Thank you. That's all I had. CHAIRMAN STRAIN: Anybody else? I've got two questions for you, Clay. Would you mind including -- you have three conditions of approval. Do you mind adding one that a -- no dumpster will be allowed in the PE Page 44 of 90 February 20, 2020 area? It says no trash containers. If staff tells me that won't be a dumpster, then I don't need that language. Is staff paying attention here? Hello? Earth to staff? MR. BELLOWS: For the record, Ray Bellows. The -- it's not necessary to put that part of it is in. It was just to help clarify that they wouldn't be allowed, but it -- CHAIRMAN STRAIN: Okay. So by no "trash containers" would mean there would be no dumpsters as well, right? MR. BELLOWS: Correct. CHAIRMAN STRAIN: The other thing is they referred to enhanced landscaping in the buffer. I didn't see where that was written in. Do you --can that --do you have any problem just listing what the enhancements are under the conditions of approval? MR. BROOKER: Sure. Yes, sir. CHAIRMAN STRAIN: Okay. That's the only things I have to add to it. Anybody else? (No response.) CHAIRMAN STRAIN: Okay. Is there a staff report? Thank you, Clay. MR. FINN: Yeah. I would like to add to the record, the director of the Immokalee CRA Advisory Board, they did have a meeting on February 13th, and I'll just read what was written in this email. CHAIRMAN STRAIN: Did they recommend approval? MR. FINN: Yes, they did. CHAIRMAN STRAIN: Okay. That's fine. MR. FINN: Thanks. CHAIRMAN STRAIN: Anything else? (No response.) CHAIRMAN STRAIN: Okay. Ned, did you have something else? COMMISSIONER FRYER: I do. On the resolution, it seems to me that there should be an additional whereas clause making reference to the fact that this came before the CCPC. MR. BELLOWS: Could you repeat that? COMMISSIONER FRYER: Yeah, I expect that -- would this have been a hearing examiner matter? CHAIRMAN STRAIN: Yes. It would have been over with by now. COMMISSIONER FRYER: There's no -- there's no reference to the fact that we're having this meeting and that we're making a recommendation to the BZA in the whereases. MR. BELLOWS: For the record, Ray Bellows. There will be an executive summary prepared for the Board of County Commissioners that outlines the Collier County Planning Commission vote and recommendation, and any conditions of approval made by the Planning Commission will be incorporated in that, and the resolution -- are you asking that the resolution also note that the Planning Commission -- COMMISSIONER FRYER: Well, I think typically in the whereas clauses you list the progress that is made of the application, and you include if it goes to the CCPC, which this one is. And so I would just add a one -sentence whereas clause in there that recites that fact with whatever action we take on it. CHAIRMAN STRAIN: Heidi? MS. ASHTON-CICKO: Our current template does not include the date for review of the Planning Commission, but if you want us to revise our forms and have items that are heard by the Planning Commission to specify the date, we can do so, if that's what the -- COMMISSIONER FRYER: Well, this was going to be a point I raised with each one of these things that we're doing in lieu of the Hearing Examiner, but if it's onerous -- MR. BELLOWS: For the record, we do have items that are approved by the Planning Page 45 of 90 February 20, 2020 Commission, and that's where the Planning Commission is clearly referenced as part of the resolution, when the Planning Commission has the authority, but as an advisory board, all that information's usually part of the executive summary. COMMISSIONER FRYER: So if this had gone to the HEX, there would not have been a whereas clause to that effect? MS. ASHTON-CICKO: No, because the decision format is differently -- different, so we don't use resolutions for HEX decisions. This is a template that was created previously when these went to the Planning Commission. Whatever your preference is, we'll go ahead and make the changes if that's what the Commission wants. COMMISSIONER FRYER: Thank you. I've stated my preference, but if no one else cares, then I'll fall on my sword. No one seems to care. That's all I had. CHAIRMAN STRAIN: Okay. Thank you. And, Joe? COMMISSIONER SCHMITT: Yeah, I make a motion -- CHAIRMAN STRAIN: Whoa. We've got to -- we're not done. We're not there yet. COMMISSIONER SCHMITT: Okay. CHAIRMAN STRAIN: Tim, did you have more you wanted to add to your staff report? MR. FINK: Yeah. The project is compliant with the GMP and the rezoning criteria with the LDC; therefore, staff recommends approval. COMMISSIONER SCHMITT: Speakers. CHAIRMAN STRAIN: Thank you. Ray, do we have any registered public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Is there any member of the public here who would like to speak on this matter? (No response.) CHAIRMAN STRAIN: Okay. So you obviously have no rebuttal, Clay, so we'll close the public hearing. And now, Joe, do you have a motion? COMMISSIONER SCHMITT: I make a motion to approve PL20180003276, parking exemption, Immokalee McDonald's. COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Okay. Is that motion maker -- and both of them are with the conditions of approval and the one added about the enhanced landscaping being listed? COMMISSIONER SCHMITT: Noted with the changes that you cited for the conditions. CHAIRMAN STRAIN: Okay. With that, any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you. Now, we've got a long afternoon ahead of us. We are going to leave here at 4:00 today unless we're in the middle of something and we could finish up shortly. Page 46 of 90 February 20, 2020 And with that, we will resume with the variance on 99th Avenue when we come back, and we'll be back here at 1:00. COMMISSIONER DEARBORN: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER DEARBORN: Just, for the record, I have to -- will not be returning after lunch break. CHAIRMAN STRAIN: Well, then we're just going to cancel for the day. COMMISSIONER DEARBORN: No. I making sure you still have a quorum. CHAIRMAN STRAIN: Oh, okay. We're fine. We're good. Thank you, Patrick. COMMISSIONER CHRZANOWSKI: Well, for the record, I won't be coming back after the lunch break either, but you'll still have a quorum. CHAIRMAN STRAIN: I figured you might -- yeah, you might be gone. We're still good. Okay. Everybody, let's break for lunch. COMMISSIONER DEARBORN: Mr. Chairman, I have a problem with him trying to leave. I thought one of us could just leave and not two. CHAIRMAN STRAIN: Actually, yeah, he has a standing leaving at noon, so we kind of -- you come second to that, so you'd have to stay. COMMISSIONER FRY: Karl and I can control this now. (A luncheon recess was had from 11:56 a.m. to 1:00 p.m., and the meeting continued with the following members absent for the remainder of the meeting: Commissioner Chrzanowski, Chairman Strain, and Commissioner Dearborn.) CHAIRWOMAN HOMIAK: Okay. We're missing some people here now, so we have a quorum of four. COMMISSIONER SCHMITT: We have, yeah, a quorum of four. COMMISSIONER FRYER: Quorum of four. CHAIRWOMAN HOMIAK: Okay. And the next item is 19A3, PL20180003748, and that is a variance. MR. FLORES: Matt Flores on behalf of the property owners, Mike and Kimberly Woodyard. CHAIRWOMAN HOMIAK: Okay. Anybody who wishes to speak on this item please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRWOMAN HOMIAK: Disclosures. MR. EASTMAN: None. COMMISSIONER FRY: None. COMMISSIONER FRYER: None. CHAIRWOMAN HOMIAK: I had none. COMMISSIONER SCHMITT: None from me either; no disclosures for me. CHAIRWOMAN HOMIAK: Go ahead. MR. FLORES: This is a request for a setback variance. This is a situation -- COMMISSIONER SCHMITT: You want to pull the microphone towards you. Thanks. MR. FLORES: No problem. This is a situation where back in -- actually, all the way back in 2006 my client had a -- hired a contractor to build a pool in his -- at his house in Naples Park. The contractor failed to close the permit. Permit expired 2007. Fast forward 10 years, 2017, client attempts to close the pool permit. Finds out that we've got a setback issue. I don't believe that's correct. CHAIRWOMAN HOMIAK: That's the wrong -- COMMISSIONER FRYER: There we go. Page 47 of 90 February 20, 2020 MR. FLORES: So we're here requesting a reduction of the setback in the side yard of their house in Naples Park to -- as reflected on the survey here to satisfy the encroachment so that we can then close the pool permit for the pool that's been in the ground there for 14 years. Any questions? COMMISSIONER SCHMITT: Is your intent to put a pool enclosure in? Is that -- no. MR. FLORES: No. The intent is to sell the property. COMMISSIONER SCHMITT: Sell the property. MR. FLORES: As soon as approval is achieved. COMMISSIONER SCHMITT: The staff report got into -- and I'll wait till staff -- I'll wait till staff talks, but I have a question of staff, because they got into questions about the pool deck. So, staff, I mean, I'll turn to the chair. I have no other questions, but I do have questions of staff. CHAIRWOMAN HOMIAK: Okay. MR. EASTMAN: You used the phrase "close the permit." What do you mean by that phrase? Is that what causes the impetus for this, or was it, in fact, the sale of the home? MR. FLORES: No. The current owner has owned the house since 1996, Mr. Woodyard and his wife. The pool contractor who installed the pool in 2006 failed to close the pool permit. So when they attempted to close on the house -- this was back in 2017 -- they found out that the permit was still open and began the process, ultimately finding out that this was not going to be subject to an administrative variance so that we're here today requesting the variance. So the property has not sold, and it is the same owner. COMMISSIONER SCHMITT: Tom, typically the contractor has to call for a final. If they don't call for a final, then the permit stays open, and we -- and Jamie could probably highlight on that. But our system keeps those open. Probably have thousands of them a year that they fail to call for a final. And in this case, during the due diligence for the closing, I assume that's when they found out there was no final, and then they realized there was an encroachment. MR. FLORES: That's correct. COMMISSIONER SCHMITT: Okay. CHAIRWOMAN HOMIAK: Ned? COMMISSIONER FRYER: I am not sufficiently familiar. I'm trying to get myself up to speed on variances. But right now, without a hearing examiner, these things are coming to us. And I do have familiarity, though, with the law in the City of Naples and how that works. And they're in the process of changing their variance law to have two -- like, two columns. In Column A you have to fulfill all their mandatory requirements, and then Column B they're weighted and you can sort of mix and match and evaluate and make a decision sort of on the equities. And it's my understanding, whether by express language of our ordinance or by long-term custom and practice, that our responsibility in these is to look at these categories or criteria and then decide what we think is the best and most equitable outcome. I spoke with the County Attorney, who I believe agrees with that. Please, Jeff. MR. KLATZKOW: Yeah. From a technical standpoint, a variance requires a hardship. In almost no circumstances will you actually find a legal hardship. It's been the custom of Collier County as long as I've been here that, for want of a better way of saying it, no harm, no foul. I mean, if nobody's really complaining about it and it's a small matter, from an equity standpoint, we just let it go. COMMISSIONER FRYER: Thank you. That's all I have, Madam Chair. COMMISSIONER SCHMITT: I just have a question of staff. In the staff report we got into the height of the pool deck, and the 30-inch requirement really has no bearing on this variance. I was curious as to why we got into such a discussion about that. It doesn't meet the -- the height requirements for the pool deck. The only thing we're actually asking for the variance is the Page 48 of 90 February 20, 2020 encroachment into the side -yard setback. It was -- MR. BELLOWS: For the record, Ray Bellows. Sometimes we throw in that language just to make it clear that the deck isn't part of the variance request because it's either below or above. If it's above, then it has to be part of the request. COMMISSIONER SCHMITT: Right. The only way it would be is if they wanted to erect an enclosure. MR. BELLOWS: Correct. CHAIRWOMAN HOMIAK: Anything else? COMMISSIONER SCHMITT: I have no other questions. COMMISSIONER FRY: I'm just curious if the corner to the west has weighed in on this. They're not here to speak, I assume. As far as we know, you can state they have no objection? MR. WOODYARD: They have no objection. CHAIRWOMAN HOMIAK: You can't -- you have to get to the mic. MR. WOODYARD: For the record, my name is Mike Woodyard. I'm the homeowner at 699. The neighbors to the west have no objection about it. Our house is a unique house there because we own a lot and a half and they own a lot and a half, and there's an entire lot between the two houses. So, we're not -- we don't even bother each other, which is kind of nice in Naples Park. COMMISSIONER FRY: I'm confused. I'm looking at an aerial, and it looks to me like there's your pool and then a hedge and then another -- MR. WOODYARD: A fence. COMMISSIONER FRY: -- another -- and then a fence. MR. WOODYARD: Uh-huh. COMMISSIONER FRY: And then another pool. MR. WOODYARD: Now, yeah. COMMISSIONER FRY: Now there is. Okay. Thank you. MR. WOODYARD: When I originally put that pool in, there was no pool there. COMMISSIONER FRY: Gotcha. CHAIRWOMAN HOMIAK: Anybody else? (No response.) COMMISSIONER SCHMITT: Public speakers? CHAIRWOMAN HOMIAK: There's no speakers. COMMISSIONER SCHMITT: I make a motion to approve the variance as proposed, Variance PL2018003748. COMMISSIONER FRY: Second. COMMISSIONER FRYER: Second. CHAIRWOMAN HOMIAK: By Ned. All those in favor, signify by saying aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRWOMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRWOMAN HOMIAK: Opposed, like sign. (No response.) CHAIRWOMAN HOMIAK: Okay. MR. FLORES: Thank you very much. CHAIRWOMAN HOMIAK: Thank you. MR. WOODYARD: Thank you. COMMISSIONER FRY: Sorry that was so difficult. Page 49 of 90 February 20, 2020 MR. WOODYARD: Thank you very much. CHAIRWOMAN HOMIAK: ***Okay. The next one --item is 9A4, which is PL20190001940. This is another variance. Anybody wishing to speak on this item, would you please rise and be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRWOMAN HOMIAK: Disclosures? MR. EASTMAN: None. COMMISSIONER FRY: None. CHAIRWOMAN HOMIAK: Karl? COMMISSIONER SCHMITT: None. COMMISSIONER FRYER: None. CHAIRWOMAN HOMIAK: Okay. I had nothing. Go ahead. MS. SPECTOR: Good afternoon. Sarah Spector with Roetzel & Andress on behalf of the applicant. Not knowing the longstanding stance of the county, I went a little overboard with the presentation, so I'll try to go through it quickly. This is also a variance request, an after -the -fact variance for something that's been in place for more than 40 years, but I'll just go through this very quickly. All right. So the location is just to the west of South Trail. This is a closeup picture. It's very difficult to tell. It looks like it, too, is a vacant lot, but it actually is improved with a home between two vacant lots. The home building permit was originally obtained for 768 square feet. That was built in 1964. We could not find any permit for the addition to the home. But as early as 1978, an additional 672 square feet was noted on the property card. My client actually bought the property in 1988, and it was not until they went to sell property and obtain the actual -- the buyer obtained a zoning verification letter showing that the setbacks had not been adhered to when the addition was added back in 1978. So there's actually three setback variances that we're asking for with this property. The first is the overhang, which we're required to only go three feet into the overhang -- or the overhang can only go three feet into the setback, and we are going 3.51, so we're asking for a variance of .51 feet there. The next is the front setback. We're required to stay at least 25 feet from the front property line, and we're 24.99. We need to ask for a .01 variance there. The reason we're here before you today -- because both of those variances could be approved administratively. They're below the 25 percent requiring -- or allowing for an administrative variance, but we have a rear setback issue. The rear setback is 20 feet, and we're 14.61 feet. So we're asking for a variance of 5.39 on the rear setback. I've gone through each of the criteria for the variance to show that there is, in fact, a hardship. I don't know if you want me to go through all of that. CHAIRWOMAN HOMIAK: I don't -- that's okay. MS. SPECTOR: Okay. Then I would just request that you approve the three variances that we're asking for to allow the home to remain in place and not require demolition. CHAIRWOMAN HOMIAK: Any questions? MR. EASTMAN: The property owner in back, do you have a no objection letter from them? MS. SPECTOR: No, we're not required to get one. We did provide the notice to owners within the required distance. And I did hear from neighbors, but I did not hear from the neighbor Page 50 of 90 February 20, 2020 to the rear. MR. EASTMAN: So there's no objection that you know of at all? MS. SPECTOR: No. CHAIRWOMAN HOMIAK: Anybody else? (No response.) CHAIRWOMAN HOMIAK: Staff report? MR. KELLY: John Kelly, senior planner. Staff recommends that the Planning Commission move forward the three variance requests to the Board of Zoning Appeals with a favorable recommendation for approval. COMMISSIONER FRYER: I'll put that in the form of a motion, Madam Chair. COMMISSIONER SCHMITT: Second. CHAIRWOMAN HOMIAK: All in favor, signify by saying aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRWOMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRWOMAN HOMIAK: Opposed, like sign? (No response.) CHAIRWOMAN HOMIAK: Okay. Thank you. MS. SPECTOR: Thank you. CHAIRWOMAN HOMIAK: ***Okay. The next item is 9A5, PL20180002792. This is -- oh, these are two. COMMISSIONER FRYER: Companion. COMMISSIONER SCHMITT: Companion. CHAIRWOMAN HOMIAK: So we'll do them together. Yes? COMMISSIONER FRYER: Yes. COMMISSIONER FRY: Yes. CHAIRWOMAN HOMIAK: Okay. So the companion item is PL20180002793. MR. MULHERE: Thank you, Madam Chair. CHAIRWOMAN HOMIAK: Anybody wishing to speak on this item, please rise to be sworn by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRWOMAN HOMIAK: Disclosures. MR. EASTMAN: No disclosures. CHAIRWOMAN HOMIAK: Karl? COMMISSIONER FRY: None. MR. YOVANOVICH: You spoke to me. COMMISSIONER FRY: Oh, I'm sorry. Discussion with Rich Yovanovich. COMMISSIONER FRYER: I have reviewed all the materials that are public record, I've discussed this with Mr. Yovanovich, and have discussed it with staff. CHAIRWOMAN HOMIAK: Okay. And I spoke with Mr. Yovanovich. COMMISSIONER SCHMITT: I also spoke to Mr. Yovanovich about both petitions, 9A5 and 9A6. CHAIRWOMAN HOMIAK: Okay. Now, Bob. MR. MULHERE: Thank you. Bob Mulhere for the record here on behalf of the applicant. With me is Rich Yovanovich. He's instructed me or let me know I don't get paid by the word. As has been said, short, sweet, and if possible, brilliant. So the property is outlined -- there's two companion petitions: A small-scale GMP and a Page 51 of 90 February 20, 2020 PUD. The small-scale GMP was necessary because the existing zoning, which is C-3, doesn't allow hotels. There's been a hotel on the property for more than 40 years. My client, Kevin Dugan and his family, have operated it I think for the last nearly 40 years. So this is a long-time existing Lighthouse. You may know the location, Lighthouse Inn. So if you look on the aerial that you have before you, that highlights the property there. It's a relatively small piece of property. We haven't asked for anything in the small-scale amendment or in the PUD rezone beyond establishing the legitimacy of the hotel use. We've retained the ability to do C-3 uses, but as far as the hotel goes, it's not a permitted use in C-3. We wanted to make it a conforming use because for any reason that use ceased to function for a year or, through some other unfortunate circumstance was destroyed, they wouldn't be able to rebuild it. So that's the purpose -- primary purpose of the small-scale amendment. We did establish a maximum square footage. It's a relatively small piece of property. We've put a -- because you really need to have an intensity cap in your zoning -- in your Comprehensive Planning district. So we did establish a cap of 7,000 square feet under a redevelopment scenario. You may have some questions. I'm happy to answer those. I just felt there --this is a relatively simple request. CHAIRWOMAN HOMIAK: Questions? Go ahead, Ned. COMMISSIONER FRYER: Bob, I don't have a problem with the process you've chosen. But just for my edification, would it have been possible and perhaps simpler if this had been a variance or conditional use? MR. MULHERE: It wouldn't be able to get there through either of those petitions, because the use is not permitted in C-3. So the only way for us to get there was through a small-scale Comprehensive Plan amendment. COMMISSIONER FRYER: Okay. Somehow I thought that transient lodging is. MR. MULHERE: Nope. COMMISSIONER FRYER: It's not? MR. MULHERE: No. COMMISSIONER FRYER: Okay. MR. MULHERE: I have some -- as you're talking, I just put a picture -- a couple of pictures of the property. But what other questions can I answer? COMMISSIONER FRYER: Okay. I favor this as long as I can be persuaded -- and I had a good conversation with Mr. Yovanovich about this. But I just want to be absolutely sure that along with the deviations that are being requested, the sole capability as a result of this action would be to enable the owner to rebuild to exactly about what he has or they have at present and not gain any additional concessions with respect to setbacks -- MR. MULHERE: Yes. COMMISSIONER FRYER: -- and the like. Sothis is just to get the status quo ante in the event, say, of a disaster? MR. MULHERE: Well, it is. In some cases it's actually more restrictive because, as I said, there's no limit in straight zoning on the square footage that you could build, keeping in mind that this is in a fairly significant DEP flood elevation zone. You have to build about 20 feet -- under today's rules, about 20 feet above existing grade. COMMISSIONER FRYER: So you're going to get 7,000 -- MR. MULHERE: Yes, we put a limit of 7,000 square feet. COMMISSIONER FRYER: But there's no limit on the number of stories? MR. MULHERE: It's the same -- it's the same development standards. It's 50 feet. Same as C-3. We didn't ask for any additional height. Page 52 of 90 February 20, 2020 COMMISSIONER FRYER: Okay. But you -- I mean, more height than there is actually there at present, but -- MR. MULHERE: Oh, yes, but we didn't ask for anything more than you could get in the C-3 district, which is what existing zoning is. COMMISSIONER FRYER: Okay. MR. MULHERE: And, also, I did want to mention that we did cap the number of rooms -- I don't know if I said that -- at 17, which is what's there today. COMMISSIONER FRYER: Yes, I saw that. Then with respect to South Bay,1, again, had a conversation with Mr. Yovanovich about this, but I just wanted to make a record of it. You and he are representing One Naples as well, which is the adjacent property owner -- MR. MULHERE: Correct. COMMISSIONER FRYER: -- on the other side of South Bay. And one of the deviation requests in this property is to be able for vehicles to back out onto South Bay. MR. MULHERE: That's on your visualizer now, yes. COMMISSIONER FRYER: Yeah. And it's my understanding that nothing is planned with regard to South Bay on your other client's part -- MR. MULHERE: That's correct. COMMISSIONER FRYER: -- that would impair or be impaired by allowing this -- MR. MULHERE: That's correct. Separate properties, separate ownership. And we did put a condition -- maybe you saw it -- in that deviation request that under a redevelopment scenario, that parking would be eliminated. So it's been therefor a longtime. It's just to allow us to continue to do that. COMMISSIONER FRYER: Okay. That's all I have, Madam Chair. CHAIRWOMAN HOMIAK: Anybody else? (No response.) CHAIRWOMAN HOMIAK: Joe, do you have anything? COMMISSIONER SCHMITT: I'm on -- not on 9A, but I do have questions of staff on 9B. Correction, yeah 9A6? Which one am I on? MR. MULHERE: Is that the PUD or -- COMMISSIONER SCHMITT: Bob, let me stand by here. Yeah, it's the PUDZ that I have a question. The only question I have is -- in answering the questions on five, I guess that's a clarity. It says, the proposed change is not necessary, which it really isn't, but it's necessary from a standpoint of ever having to rebuild if there was any -- if it was 50 percent or more of the -- MR. MULHERE: That's correct. COMMISSIONER SCHMITT: -- structure was destroyed by a hurricane or other -- MR. MULHERE: Yeah. COMMISSIONER SCHMITT: -- act of God, it would be necessary to rebuild, but you necessarily would not build to the same architectural -- MR. MULHERE: No. COMMISSIONER SCHMITT: -- design, but you could build to the same standards. MR. MULHERE: Correct. I mean, we'd have to elevate the building to meet flood. COMMISSIONER SCHMITT: Right. MR. MULHERE: I was also just going to point out that, you know, in addition to the fact that you can't build a nonconforming commercial use, the code allows you to build residential units if they're destroyed, because they don't want people to be -- and even those have to meet the current code, but they don't want people to be out of a home. But it doesn't allow the same thing for this commercial use. And so the other difficulty is, you know, it's very difficult to get casualty or -- you know, Page 53 of 90 February 20, 2020 insurance, because if you can't rebuild it, it's expensive. It's super expensive. So -- COMMISSIONER SCHMITT: That's the other thought I had, too, is that it would be necessary for insurance. MR. MULHERE: Yeah. COMMISSIONER SCHMITT: Because it would be difficult for -- MR. MULHERE: You can probably get insurance for anything if you want to pay the exorbitant fees that you'd have to pay since you can't, you know -- COMMISSIONER SCHMITT: Okay. I mean, from that standpoint, I mean, it was a statement of fact, but yet it is found to be necessary by the applicant; that's why you're going through the process. MR. MULHERE: Yes, yes. I would say there's no immediate need to go through this from the staff perspective because you could continue to operate, or you could have any other C-3 use. But from the property owner's perspective as a long-term owner and operator, they would like to make it conforming. COMMISSIONER SCHMITT: The only other question I had -- and I'll ask Bob, staff analysis, the request in reduction in parking. To me it makes sense, because the people who are parking there for the restaurant, I presume, are the patrons at the -- MR. MULHERE: Yes. COMMISSIONER SCHMITT: -- in most cases, the patrons at the hotel. MR. MULHERE: You know, out of an abundance of caution, because it's only a 17-room hotel, I thought, you know, you get a 50 percent reduction for ancillary uses when you have a hotel. So for a restaurant use, you get 50 percent off from the normal parking requirement. I put it in as a deviation because that's functioned for so long in this capacity. In the CRA, Bayshore/Gateway CRA, the parking requirement is one per four. I kind of look as this in the future as a redevelopment opportunity, so that's why I put it in there. It functions fine. COMMISSIONER SCHMITT: But there's -- from staff perspective, there's no issues with parking? MR. MULHERE: No. COMMISSIONER SCHMITT: All right. CHAIRWOMAN HOMIAK: Anything else? COMMISSIONER FRYER: Just for staff. CHAIRWOMAN HOMIAK: Okay. Staff report? MR. SABO: Yes. Thank you. James Sabo, principal planner for the county. The staff recommendation is a little bit longer in this case. We recommend forwarding the petition, 2793, Vanderbilt Beach, to the Board of County Commissioners with a recommendation of approval subject to reducing the actual zoned height from 70 to 60 and linking Deviation 1 and 3 should the language state that if it's redeveloped, then Deviation 3 shall be eliminated as well. And I can explain that further if you wish. COMMISSIONER SCHMITT: It's clear. MR. BELLOWS: And would you like to hear from Comprehensive Planning? MR. MULHERE: Go ahead, sorry. MS. FAULKNER: That's okay. Hi, Sue Faulkner, Comprehensive Planning. We are recommending this for approval for you to move this petition over to the BCC for their adoption. Do you have any questions concerning the subdistrict? CHAIRWOMAN HOMIAK: No. I guess you waited for a long time for that. MS. FAULKNER: Yes, I did. CHAIRWOMAN HOMIAK: Well, thanks. Okay. Bob? Page 54 of 90 February 20, 2020 MR. MULHERE: Yeah. I just wanted to mention, we didn't change --you asked --I wanted to be clear, because you asked about the height, and we left it at 50. There is no limit in the LDC in C-3 for actual height. That only applies in the case of PUDs. I have no problem with reducing that. My client, I'm sure, is okay with reducing that to 60 feet. It's just an architectural design, and we don't even know what we might do in the future, and it would be some -- No, it's measured from -- the 50 feet is measured from FEMA. We're not changing that. MR. YOVANOVICH: Actual height is measured from the ground. COMMISSIONER FRYER: Actual, I think, is 70. MR. BELLOWS: For the record, Ray Bellows. Actual would be from the grade. MR. MULHERE: From the midpoint of the -- MR. YOVANOVICH: No, it would be from grade today. Why are we going down? MR. MULHERE: Wait a minute. It's measured from the average elevation of the adjacent roadway, right? MR. BELLOWS: The definition of actual height is from the grade, not the finished level of floor. Zoned height is finished floor. MR. MULHERE: Okay. So that's why we asked for 70 feet, because we have to go to 21 feet. So I don't know -- so staff was recommending we reduce it to 60, but I'm not sure if even staff recognized that. MR. BELLOWS: No, I'm good with 70. MR. MULHERE: Okay. Thank you, Rich. MR. YOVANOVICH: You're welcome. COMMISSIONER FRYER: So staffs recommendation then is approval -- MR. BELLOWS: Yeah. Due to the flood elevation in that area -- I wasn't quite aware of that height change. And as a matter of fact, I'm hearing there's maybe additional changes in FEMA in the future that could make that even higher. MR. MULHERE: So that makes sense. I'm glad Rich reminded me of that. It's a pretty significant elevation that you have to do in a redevelopment scenario. COMMISSIONER FRYER: I have another question. CHAIRWOMAN HOMIAK: So 70 is good then? MR. SABO: I'm fine with that. CHAIRWOMAN HOMIAK: Okay. And, Bob, what about the Deviation 1 and 3? MR. MULHERE: I thought we already dealt with that. Let me just look at those real quick. MR. SABO: Madam Chair, if I could just explain those real quick. Deviation 2, should the site be redeveloped, Deviation 1 is eliminated. It will also stand to reason that Deviation 3 would be eliminated as well if the site is redeveloped. MR. MULHERE: I'm trying to find -- MR. SAWYER: It's the backing, parking, and then the buffer reduction. So if you don't need to back onto the right-of-way, then you don't need that buffer reduction either. MR. MULHERE: This would be a 10-foot buffer. It's 3-foot difference in the redevelopment? Where'd he go? You going to be okay with that? Seven to 10? Hi, Norm. Okay. That's fine. We're okay with that condition. CHAIRWOMAN HOMIAK: Okay. Ned? COMMISSIONER FRYER: Let's see. I did not visit the site, so I don't know what the current buffering looks like or the setbacks, really. I haven't eyeballed those. And as I said, I want to be sure that -- first of all, I think it's fair that the owner get -- gain in perpetuity what he has at present, and if this is the only process through which to do it, that's Page 55 of 90 February 20, 2020 fine. But I want -- I want to have as much of a confirmation that staff can provide that these deviations as written match up exactly to what we would see if we went to the site. MR. SABO: I was at the site. It's --and with all due respect, it's tight. It's a tight site, so they -- it's developed to the edges of the property, generally. I -- on a personal level, I think it's one of the coolest places in Naples just because it's Olde Florida, and I love that kind of stuff. From a perspective of meeting the code that -- should they redevelop, I'm satisfied that these standards would meet the code should they have to redevelop or should they choose to redevelop. COMMISSIONER FRYER: My concern -- maybe I'm not expressing it clearly -- is that along with these five deviations, what we would be recommending permission in perpetuity for is exactly what they have and are doing now and no more. MR. MULHERE: That's correct. COMMISSIONER FRYER: I want to hear that from staff, if I may. MR. SABO: I agree with Mr. Mulhere that -- COMMISSIONER FRYER: Thank you. MR. SABO: -- they -- you know, based on the site as it is and the changes proposed, I don't have an issue. COMMISSIONER FRYER: Okay. Thank you. MS. ASHTON-CICKO: Well, upon redevelopment, it can be any of the C-3 up to 7,000 square feet. COMMISSIONER FRYER: Oh, I get that. I understand. MS. ASHTON-CICKO: Okay. COMMISSIONER FRYER: Well, let's take setbacks, just for clarity. If you redevelop under some -- well, as a shopping center or some other use that's -- MR. MULHERE: It's too small. COMMISSIONER FRYER: I know it is. Well, maybe you could build it taller. But if you rebuilt it with another use that did not resemble the current use but was permitted under C-3, would you still be looking at the buffering that you would be gaining here because it's the same buffering that you have now under the nonconforming use? MR. MULHERE: Let me get to the actual deviations, because I want to answer your question accurately. A couple of the deviations go away if we redevelop. One that doesn't, for example, is Deviation 2, which -- so I'm going to show you on the screen. So that's right here. So there is -- this is an elevated tennis court next to us right here and parking right here. And this is the parking for the hotel right here, and this buffer right here is a shared buffer. We have agreed -- we've asked for a deviation to go from the requirement of 15 -- that's only because we are commercial use adjacent to a residential use, although the actual residential use is that way -- to go from 15 to 10, but to still plant a -- and this is granted routinely -- and to still plant the required vegetation and actually exceed the required vegetation that would be required in a Type B buffer in a 15-foot width. So I believe we've addressed that. And the staff agrees. I mean, I met with the landscape architect. It was his recommendation that we enhance the plantings that we put in this deviation. COMMISSIONER FRYER: So, in other words, you want -- you're asking for a trade-off to go from 15 to 10 under other C-3 uses in exchange for more dense vegetation? MR. MULHERE: Yes. Only for this buffer here, yes. COMMISSIONER FRYER: Okay. MR. MULHERE: Yeah. COMMISSIONER FRYER: Staff is okay with that? MR. SABO: Yes. COMMISSIONER FRYER: Okay. That's all I had. Page 56 of 90 February 20, 2020 CHAIRWOMAN HOMIAK: Is that it? Anybody else? (No response.) CHAIRWOMAN HOMIAK: Joe, anything? COMMISSIONER SCHMITT: No, nothing else. CHAIRWOMAN HOMIAK: No. Were there any public speakers? I didn't -- no. MR. BELLOWS: No public speakers. CHAIRWOMAN HOMIAK: No, okay. COMMISSIONER SCHMITT: With that, I make a motion that we approve the Vanderbilt Beach common tourist subdistrict as proposed. And what was that number? COMMISSIONER FRYER: 2792. COMMISSIONER SCHMITT: 2792. There it is. Yes, 2792. And we should vote each one of these separately since one's the Comp Plan amendment. The other is the PUD zoning. CHAIRWOMAN HOMIAK: Yes. COMMISSIONER FRY: Joe, is that subject to the staff recommendations? COMMISSIONER SCHMITT: Subject to the staff -- this is for the GMP. CHAIRWOMAN HOMIAK: This is the GMP amendment. COMMISSIONER SCHMITT: Different. COMMISSIONER FRYER: Second. CHAIRWOMAN HOMIAK: All those in favor, signify by saying aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRWOMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRWOMAN HOMIAK: Opposed, like sign. (No response.) COMMISSIONER SCHMITT: I'd likewise propose approval of PL20180002793, that's the PUDZ, subject to the change of 70 feet rather than 60 feet as proposed by staff but subject to all other recommendations as proposed. COMMISSIONER FRYER: Second. CHAIRWOMAN HOMIAK: By staff? COMMISSIONER SCHMITT: By staff. CHAIRWOMAN HOMIAK: All those in favor, signify by saying aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRWOMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRWOMAN HOMIAK: Opposed, like sign. (No response.) MR. MULHERE: Thank you. CHAIRWOMAN HOMIAK: ***All right. The last item on our agenda is 9A7, and that is SRA PL20180000622, Hyde Park Village. And will everybody please rise to be sworn in by the court reporter. Well, not everybody, but everybody that wishes to speak. I guess everybody stand up. (The speakers were duly sworn and indicated in the affirmative.) CHAIRWOMAN HOMIAK: Disclosures? MR. EASTMAN: I had a meeting with Bob Mulhere to discuss the project. COMMISSIONER FRY: Public items from staff as well as a conversation with Mr. Yovanovich. COMMISSIONER FRYER: Same as Commissioner Fry plus meeting with staff. Page 57 of 90 February 20, 2020 CHAIRWOMAN HOMIAK: And I spoke to Mr. Yovanovich. And, Joe. COMMISSIONER SCHMITT: Yes. And I spoke to Mr. Yovanovich, Mr. Mulhere both on this matter. Spoke to Mr. Mulhere today and then Mr. Yovanovich on the phone -- Yovanovich. CHAIRWOMAN HOMIAK: Okay. MR. MULHERE: Thank you. Again, Bob Mulhere for the record. Here on behalf of the applicant, which is Neal Communities, and sitting right behind me is Michael Greenberg, who until recently --well, just recently sort of --semiretired. So Michael is with the Greenberg Group LLC, but recently he was with Neal Communities when we started this, right? MR. GREENBERG: Yep. MR. MULHERE: Tim Oak is the South Florida Regional president sitting right over there. Dan Ciesielski is sitting right back there. He's the land development manager for the south region. Also with me, obviously, is Rich, sitting right over here, Rich Yovanovich; Barry Jones is the civil on the project. He's with Hole Montes as well. Jim Banks is our transportation engineer. He's around here somewhere. He'll be here. He was just here. Lucy Gallo prepared the economic assessment. She's with Development Planning and Financing Group, and Tyler King with DexBender is our environmental consultant. I'll begin, and after a little while I'll turn it over to Rich. Actually, before I do that, I'm going to ask Michael to come up and say a few words. Oh, you're right there. MR. GREENBERG: Michael Greenberg on behalf of Neal Communities. We were -- I guess the last time I was here was probably about two years ago just before Mr. Fry joined the Commission, and I wanted to bring you up to date and give you a little bit of background on where Neal Communities is at. This is an important year for us. We celebrate our 50th anniversary being in business in Florida. As some of you know, we build exclusively from Naples to Tampa. We've been doing that our entire career. We're the largest privately owned locally -- builder in the area. We've been lucky to build 90 communities over our tenure in Southwest Florida successfully with extremely high customer satisfaction ratings. Last year we sold 1,400 homes in Southwest Florida. During our time in Southwest Florida, we've been able to accumulate some national awards. In 2012 we were named America's Best Builder by Builder Magazine. In 2013, we were named builder of the year by the Florida Green Building Coalition on our green development strategies, and subsequently, for five years after that, we've now been the Builder of the Year for building the most green -certified homes by the Florida Green Building Coalition. We have a solid track record of building sustainable communities. One of the things that's extremely important to us and that we're proud of and that we bring to you today when discussing Hyde Park is that we're builder -developers. We start at the beginning with everything, and we finish every community we've ever built. So the information and our sensitivity to how we design and approach our communities is reflective of our long legacy of having relationships with the end users in the marketplace. In 2015 we were named builder of the year. This is Mr. Neal, our owner of Neal Homes. This is a pretty substantial award. It's -- you don't -- you don't apply for it. You get picked by the industry. We were picked out of every builder, which is thousands of them in the United States, as the builder of the year in 2015. As I mentioned, we build from Tampa to Naples. We have 22 current communities, six communities in Collier County since 2013 when we entered this market. We currently have 16 communities since 2012, 10 current communities in Southwest Florida, of which since 2015 we have completed six communities. Page 58 of 90 February 20, 2020 One of the things that's extremely important to our company, and particularly being geographically restricted and not being a national builder, is where we build is where we live, and our relationship to the community and our participation in the community in terms of volunteerism and contribution is something that we take very seriously, and very important to us. Our reputation is the only ticket that we have since we we're geographical restricted. One of the things we're very proud of that we've done over the past few years in Southwest Florida is provide facilities for training for first responders. We have done hundreds and hundreds of trainees through our facilities of our properties that we've been building in Southwest Florida over the last six years, and we feel that that is something very important. As the last picture indicates in the lower right is we have been sensitive to sustainable building. We are nurturers of the properties we buy. We spend the extra money and time in moving trees and relocating them to create both value and recognition of the natural environment that we inherit when we purchase property. So we look forward today to presenting you Hyde Park. We think you'll find that a lot of things that we've accomplished is reflective of our legacy, and we look forward to answering your questions. Thank you. MR. MULHERE: Thank you, Michael. So I assume most of you, but just in case, the project is located, as you can see, with frontage on Oil Well Road. I want to point out that the RLSA -- and I'll have another exhibit. But the RLSA boundary, the Rural Lands Stewardship boundary kind of runs down this way, and then this piece extends out, this section of land, which is the proposed Hyde Park. The Natural Resource Index was prepared by Tyler King and his staff at DexBender. It was reviewed by the staff. They certainly can speak when they come up here, but we feel confident that staff has reviewed it and agrees with our assessment. The actual -- it's a full section of land absent the 100-foot of right-of-way that we have taken out of the SRA, which will be provided for -- reserved for widening of Oil Well Road. So the project size is 642.52 acres. The Fakaunion Canal runs along our western boundary. Golden Gate Estates, sparsely developed but with some homes, is due north of us. To the south, as I said, is Oil Well Road, and then it says future county road to the east. I guess it's no surprise that's being referred to as Big Cypress Parkway. And so that roadway, that future arterial roadway, will abut this property to the east. The majority of the property has already been cleared, and both mined -- originally -- originally converted to row crop, and then subsequently mined, and that's the historic use of this property. Right now the site basically consists of disturbed uplands, borrow pits, ditches, berms, and mining lakes. None of the land within this SRA, from an NRI perspective, scores above 1.2. That 1.2 score means there's environmental quality to the land such that it needs to be preserved in its natural condition if it's within an SRA. We don't have any of that land. There is a 1.56-acre portion of the site -- and I'll show it to you in just a minute -- which is under a conservation easement dedicated to the South Florida Water Management District. It is a historic wetland, but it's highly disturbed with exotics, and it does not score above a 1.2. There aren't any HSAs, Habitat Stewardship Areas. There are no water resource areas. There are no flowway stewardship areas located within the Hyde Park Village, so none of those are located within the SRA, which is one of the criteria that you have to look at as part of the NRI. So I wanted to just spend a minute on this exhibit, which is an aerial of the subject property. And I know you can see from looking at this that the property is highly disturbed. That small wetland is located right there. As I said, the property's been mined. The deeper lakes are in these areas, and then there Page 59 of 90 February 20, 2020 are some shallow lakes. So in the end, as I said, the site is fully consistent with the LDC section that deals with the Natural Resource Index, which is 4.08.07.A.1. I mentioned staff reviewed it. They did conduct a site assessment. Certainly, they can come up and talk to you about their position after we're finished here. So let's talk about the stewardship receiving area. As far as the SRA application requirements, we obviously submitted the application and the fee. We submitted the Natural Resource Index Assessment, which I just went over, which has significant supporting documentation. We developed an SRA development document and master plan, which have been thoroughly reviewed by the staff. We prepared a public facilities assessment. We prepared the required economic assessment and submitted it and amended it over the process in response to questions, and we have also submitted a stewardship credit use and reconciliation application, as well as the required SRA credit agreement. So this is the village form of SRA. As you know, there are actually four types of forms of SRA. They're -- but as far as the ones that -- there's the town, Ave Maria; there's the village; there's the hamlet; and there's a compact rural development. This is the village form of SRA. Villages are basically defined -- as you can see here. This is right from the LDC -- as primarily residential communities with a diversity of housing and a mix of uses appropriate to the scale and character of the particular village. They can be not less than 100 acres and not more than a thousand. This is 642.52. Villages are comprised of residential neighborhoods and are required to have a mixed -use village center to serve as the focal point of the community's support services and facilities. Now, I'll repeat that. That says to serve as the focal point of the community's support services and facilities. Villages are to be designed to encourage pedestrian and bicycle circulation through an interconnected sidewalk and pathway system, which we're going to show you momentarily, serving the residential neighborhoods. They're required to have parks and public green spaces at a minimum of 1 percent of the village, and they're required, within that mixed -use village center, to have neighborhood scaled retail and office uses, and there are specific formulas in the LDC that you must use on a per -dwelling -unit basis to calculate how much of that you are to provide. You're also required to provide civic, governmental, and institutional uses. So there seemed to be some discussion on a different application, a previous application, for -- there were comments made that these villages would be 100 percent self-sustaining, that nobody would ever leave the village, that they would work there, and they would sleep there, and they would eat there, and they would recreate there, and they would -- but that's not true. That was never the intent. They are required to provide neighborhood -level commercial uses, but those were always intended to be available to the surrounding neighborhood as well. It would make no sense not to do that. And they certainly could support other villages or even a town. Policy 4.15.1 in the area in bold that you see on the screen says, an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs and community -wide needs of residents of the RLSA. Depending on the size, scale, and character of an SRA, such uses may be provided either within the specific SRA or within other SRAs in the RLSA, or within the Immokalee urban area. So, by example, each village or town shall provide for these uses to serve its population as well as appropriate civic and constitutional uses; however, the combined population of several villages and hamlets may be required to support community -scaled retail offices -- retail or office uses in a nearby town. So we have these minimum amounts that are established in Attachment C, and we meet those. Page 60 of 90 February 20, 2020 This is a part of your -- of the county's Comprehensive Plan. It's called Attachment C, and it defines, by the type of SRA, what's required. And it's a little hard to see. I have a better exhibit coming up, but I just wanted to show you that in a village there are a list of requirements, the same as there are for a town or a hamlet, and you go through these, and you check them off, and you have to meet those. And so, this is a little bit easier for you to see. We can go over those. We know it meets the size range. It meets the density range because the density for Hyde Park Village that we are requesting is 2.8 dwelling units per acre, and the range is 1 to 4. There are certain required uses, and then there's some allowed uses, but they're not required. We're to have a diversity of single and multifamily housing types, styles, and lots, and we will demonstrate that that is what we have. In Hyde Park Village, we have agreed to a maximum -- to a minimum of 300 multifamily units -- I'll show you where those are located, because we do have to have a mixed -use village, and I'll show you that in just a minute -- and a maximum of 1,500 single-family. There are floor area ratios that apply to group housing, if you build it, and to the required retail and office, civic and institutional, they're there; .5 and .6 respectively, and we'll meet those requirements. So if you do the formula for neighborhood goods and services at $25 a square foot per dwelling unit, that comes up to 45,000 square feet, and that is what we are providing as a minimum in our commercial mixed -use village center. Let's see. Collier County will provide -- be providing utilities, water and sewer, to the site. We have to have a minimum in the SRA in parks and greens of 6.42 acres, and we significantly exceed that number. As far as the open space goes, the minimum is 35 percent, and we're providing -- that's 224.88 acres. We're actually providing 423.87 acres of open space, and that's 66 percent. And for government -- civic, governmental, institutional, it's 10 square feet per dwelling unit. That requires us to provide 18,000 square feet, and we have a provision for that in the SRA document. And we have a -- finally, we have an interconnected multi -modal system of path walks -- pathways, sidewalks, and bike lanes, and I will show you that in greater detail. This exhibit goes over a few of those requirements, and I'll point out a few things for you on this exhibit. The mixed -use village center is to serve as the focal point for the community support and service, and we're supposed to have a number of residential neighborhoods, which we have. You can see that the -- the LDC requires two context zones, a minimum of two in the village, and those are the village center and neighborhood general. It allows you to have additional context zones including the neighborhood edge context zone. And we actually have two additional ones, and I will go over those in greater detail for you in just a moment. On this slide, you can see the exhibit of the master plan shows the village center, which is right here, and then shows this context zone here which -- and then has these radiuses around those, and those depict a quarter mile and a half mile. Multifamily, within our document, is allowed within one-half mile of the village center but, beyond that, in order to provide for the continuum to a lower -intensity development adjacent to our neighbors, which is also required, you will have single-family. Could be single-family attached, single-family detached villas, but multifamily is limited to within one-half mile of the village center. So that helps us provide for that urban to rural transition or rural to urban transition, providing that appropriate uses adjacent -- and compatibility to our adjacent neighbors. So, as I said, we do have, actually, four context zones. We do have the required neighborhood general and village center, but we also have neighborhood edge. And the last Page 61 of 90 February 20, 2020 context zone that we have is our amenity and wellness center context zone, which is right here in blue. So just to repeat, we're requesting 1,800 units. We have a maximum number of multifamily units established, and that's 1,000. We have a minimum, and that's 300. We have a maximum single-family of 1,500. We are committing to a minimum of 180 multifamily dwelling units within the village center. The village center has to be mixed use. We are committing to 180 minimum in that village center. So that other 120, to get to the minimum -- we certainly can build more, but to get to the minimum, that other 120 could be in the village center or could be within a half mile of the village center. We've also agreed to have a minimum of eight retail or office uses, and that is to further the idea of providing a full range of neighborhood commercial uses to serve the residents and surrounding community. We have a trip cap. Ours is 1,685 two-way unadjusted average weekday p.m. peak -hour trips. We have agreed to convey an easement to the county for a transit stop or shelter in the future. As I mentioned, we also have a reservation of 100 feet along Oil Well for future widening of Oil Well, and Rich will get into the details of the developer's contribution agreement, but we also are providing for stormwater from a portion of the roadway improvements. We have a trigger mechanism that says that no more than 1,530 DUs will be built until we build at least 32,500 square feet of commercial so that we have commercial to serve those residents. I think one of the things that we -- that differentiates this from, perhaps, other projects, is that, again, you have to look at the existing conditions on the site. And what you see before you is the master plan on the right and overlaid on an aerial of the property to the left. And this is really important because you are -- there are limitations on your design when you're dealing with a site that has been significantly disturbed and, in particular, by mining. So, again, you can see that that drives, to some degree, the configurations of the lakes, the locations of roads and the development pods, development tracts. And, for example, we talked about this -- some of these lakes being deeper. And, yes, we'll have to redesign some of the lakes, we'll have to do some fill work, but there are limits based on the existing conditions on the site. This is our master plan. I just include it so that you can see that everything that's required is there. We have our open -space calculations here. We have our different land -use mix here. I want to point out, you know, again, that the Fakaunion Canal is immediately adjacent to us here. We have estates zoning to the north. The future Big Cypress Parkway will run to the east, and you can see in the blue hatching right here our reservation for a future Big Cypress -- or, excuse me, Oil Well Road widening. I just wanted to point out the access points while you look at this. This is Desoto Boulevard right here, and there's an access point there. That will go to the village center, as you can see, and the village center is on either side of our entryway here. And this is the main project entrance right here. We do have a future interconnection to Big Cypress right here that the public, let's say, from the adjacent approved Rivergrass Village could actually come down Big Cypress Parkway when it's built and enter into our commercial without impacting the intersection. We also have a future resident access to Big Cypress up here. We talked about the requirement to have an interconnected system of pathways and linear parks, and in the master plan there is a pedestrian and pathways plan. There are sidewalks. We're not -- we're not asking not to build sidewalks. There will be sidewalks. They'll be connected. There are a couple of unique elements that we've added to this, which are these linear Page 62 of 90 February 20, 2020 pathways. They're actually going to function as a linear park. So there's one that will go down here to connect to the sidewalk system and allow folks to get to the amenity center, and another one that will be able to connect through this linear park. And I want to erase that -- because it's actually a pretty -good -size linear park here. And so everything is connected. The collector roadways, for example, right here, this roadway here, has bike lanes and sidewalks as well. And, again, that's the interconnection here. So we have a very well -designed interconnected system of sidewalks, pathways, bike lanes, and roadways. We went one step further. We heard at a previous hearing that there's some -- not required in the code, but some potentially desirable minimal amount of distance that people would have to walk to get to an attraction or something like that, and that they -- generally, that's a quarter mile. We don't necessarily agree with that. Some people will walk a quarter mile. Some people will walk further. And there is no such requirement, specifically speaking. We did take a look at that. And these circles here and colors here represent proximity to these attractors. So as you can see, there is significant proximity to the amenity center. And, again, there's -- if you look at that half -mile distance from the village center and quarter -mile distance from the village center, there's quite a bit of accessibility if not the majority, certainly very close to a majority within a quarter mile and a half mile of the village center. And then there is proximity to these linear parks, which provide for recreational opportunities for folks, too. So although not 100 percent of the village is within a quarter mile of these, the vast majority of it is. And it doesn't really make sense, because you couldn't have every single dwelling unit within a quarter mile because you couldn't possibly have a village that even came close to the allowances in terms of size if you designed it that way, and it's contrary to that continuum that they talk about and that objective. I wanted to point out what I think is another nice element. Staff had suggested this to us. We did include several neighborhood commercial -type uses that could be allowed within the village amenity and wellness center context zone. So, obviously, there's going to be recreational -type facilities within the amenity center, but we've also allowed -- I mean, for example, you could have various types of wellness activities that would promote, you know, wellness to the residents. Banks, credit unions, trusts, child care services, health services, financial advisors, and those types of uses are permitted within our amenity center. We'll see -- there's no absolute guarantee that those would be done, but we look to try to make that a holistic amenity center by allowing these uses, which we think also is helpful. So a required economics analysis was prepared by Lucy. She is here in attendance. And both county staff and the county's third -party independent reviewer reviewed the economic assessment and concluded that Hyde Park Village is fiscally neutral in terms of impact to the Collier County tax base. That's done at the horizon year. That's when they look at it. That's what's required. There are -- we asked for a number of deviations, and staff is supporting 19 of the 20 that we asked for. The one that they're not supporting is before you right now, which they've recommended denial of. And I want to talk a little bit about that. I know you've -- you know, we don't have to talk about the ones -- unless you have specific questions, I won't go into the ones that staff is recommending approval for, but this one I want to talk about. So we are requesting in this deviation to allow, in addition to other allowed signs, up to four lifestyle signs located on Oil Well Road leading to the project entryways and also to allow such signs interior to the development without limitation. We don't think anybody would really object to how many are located within the development, but on Oil Well we understand that there would be a limit. Page 63 of 90 February 20, 2020 We've also said that they're relatively small. We've defined them as a maximum of 18 square feet, 12 feet in height, and set back 10 feet from Oil Well and five feet from the internal roadways. You might ask, what is a lifestyle sign? Well, they're used throughout this community to advertise lifestyle amenities within a master planned community. So they might single out the clubhouse attributes or the fitness center or recreational facilities, or maybe if you had a golf community, which there is no golf in this, but that's often singled out, and other types of amenities that are intended to advertise the lifestyle attributes of the community. So I also put a limitation in this deviation of 10 years. The projected buildout is 12 years, so I put an extension, an allowable extension if they wanted to go a little bit further, but they're not going to be there forever. So as a justification, I just -- I guess I want to let you know that these are found throughout Collier County, and they've been utilized in numerous developments with impunity. Nobody has had an objection, and they're still there. So we have to presume that they're not objectionable, and this developer wants to compete on a level playing field with every other development in town. The signs are not obtrusive, and I'll show you some pictures, and they'll only remain in place while the project is being developed and lots are being offered for sale. That's why I put a time frame in there. So now let's talk about some examples. So Compass Landing, which is on Tree Farm Road, you can see the sign. There's another one behind it. Let me point those out to you. So there's one right here, and then there's another one over here, and there's one further down. These signs are -- this one talks about fitness center and children's play area. Here's another one down here saying project, which has multiple home designs offered to fit every lifestyle. So, anyway, I don't want to belabor the point. You can see that these are pretty well done. They're not objectionable, and I want to show you a few other examples. This is Greyhawk, which is on Vanderbilt Beach Road. This sign exists right on Vanderbilt Beach Road. And there's another one right behind it -- excuse me. Let me clear that -- right here, and beyond that. And this one is, you know, spectacular clubhouse. Down here is on Logan Road -- Logan Boulevard, excuse me, and you can see these -- we're not asking to put three signs in the same location. Just one with a cap on the number of signs at four on Oil Well Road. So we've put some restrictions in what we're asking for. And this one is on Rattlesnake Hammock Road. COMMISSIONER SCHMITT: Can you go back to that one where you had the three. MR. MULHERE: Yeah. COMMISSIONER SCHMITT: You said you're not proposing three. MR. MULHERE: Correct. We've put a cap at four, but they would be separated signs, not a number of signs located -- COMMISSIONER SCHMITT: Not like Stone Creek on the bottom? MR. MULHERE: Correct. And then this one is in Hacienda Lakes. And, again, there's a number of these signs as you go down that Rattlesnake Hammock extension on the east side of Collier Boulevard. Even Ave Maria has them. This is a public road. Ave Maria. And they have signs like this. This one happens to advertise a wildlife area, but these are lifestyle signs. So I just wanted to take the opportunity to talk about that one deviation that wasn't recommended for approval. Again, if you have any questions on others, we're happy to answer those. I did want to talk about some minor commitments to the developer's commitments within the SRA. We don't think these are substantive, and certainly staff with weigh in. So within the Page 64 of 90 February 20, 2020 SRA, Developer Commitment 7.3.13 requires -- and I mentioned this earlier -- requires the developer to convey to the county a transit stop. And I think Mike is here if he wants to talk to this issue, but it's really just a question of timing more so than anything else. But we have added some clarifying language to say that that shelter will be within or adjacent to the SRA in case the county wants it -- it's up to the county where that location would be, but in case they want it more along Oil Well. So -- but at or near the DeSoto Boulevard project entrance. Now, the reason we put that in there is because that's where village center is. That's where it makes sense to have a transit stop. In the timing, which I said, we didn't really have the timing adequately covered in this. We suggest that as part of the site improvements authorized by the first Site Development Plan for commercial development -- because, again, within the village center -- the owners shall, at its sole expense, convey the easement and install the shelter. And we are required to not only convey the easement but also build that shelter. So, again, certainly staff can weigh in on that issue. The other minor correction that we had is we had this Requirement 7.4.A as a developer commitment. We had asked for a deviation. Certain roadway -- right-of-way cross -sections in the LDC required a 6-foot planting area, and we had requested to go downtown, to five feet, which was not objectionable to the staff. One of the things that wasn't adequately covered in those cross -sections was the idea of providing county utilities, and to avoid conflicts in county utilities, that constrains how you use the width of that right-of-way. So we went from six to five feet, no problem, county staff had no problem, and that deviation was also approved in Rivergrass. But the county landscape reviewer wanted to be sure that we would adequately address the requirement for street trees, so that's why this is in here that the street trees have to be spaced 40 feet on center and have a minimum average mature canopy spread of 20 feet or, for species with an average mature spread of less than 20 feet, they have to be a distance equal to twice the average mature spread. So it might be a little closer than 40 feet center. The question was that that only applies within the village center. This didn't say that, so we wanted to clarify that. So that's why I added that language. I'll very quickly go over the NIM. We had two of them, and the reason we had two NIMs is because a year transpired since the time we had our first neighborhood information meeting. It took a little longer to get through this process. That was really our conscious decision to look at design -- different design opportunities within the site, but a year expired, so we had another neighborhood information meeting. I'll note that at our first neighborhood information meeting we had 13 members of the public there. They asked good questions. They asked about traffic and provisions for utilities. The meeting lasted about a half hour. The second NIM, held a little more than a year later, had seven members in attendance, and same kinds of questions were at that meeting. That one lasted 25 minutes. So we didn't have a roomful. At this point, I want to ask Rich to come to talk about the staff recommendations of approval and other things. MR. YOVANOVICH: And other things. Good afternoon. For the record, Rich Yovanovich. Essentially -- and I'll go through each one of them -- we don't have any -- other than on the affordable housing, when I get to that, the conditions that your staff is recommending we're fine with, but I wanted to go one by one through the conditions. The first condition requires the approval of the Developer Contribution Agreement, which we've obviously agreed to. It's in your backup package, and I'll briefly go through the major points of that in a minute. Your second staff condition, we believe, is necessary because we've revised it to say that the locations and sizes of these littoral zone planting areas will be identified during the initial Page 65 of 90 February 20, 2020 subdivision plat, and staffs in agreement with that, so that's a slight modification to that second condition. The third was -- COMMISSIONER FRYER: Has that been agreed to, then? MR. YOVANOVICH: Yeah. Staffs fine with that. It's already in the document. COMMISSIONER FRYER: Okay. MR. YOVANOVICH: We've agreed to an ASTM certified playground, and that's fine. The Collier County Sheriff s Office condition was new to us when we saw the staff report. We're not agreeing to provide a substation. We will be providing our impact fees. If the Sheriff wants to lease space in the village center, they would qualify as an institutional use, and certainly they could go ahead and lease space if they wanted to. But I don't believe we've been asked to nor are we willing to provide a substation in addition to our required impact fees. On the North Collier requirement, it should say "agree," but it's also not necessary since that's code. And if -- I don't know why we would include a condition of approval to something that we're already required to do by code. On Condition No. 6, we've agreed to that condition as well. Condition No. 7, it should say "agree," but it's already in the document, and we've pointed that out to staff. We've already agreed to include the 180 multifamily units within the village center context zone. So that's already in there, and I've provided that language for you where you will see it in the SRA document. Condition No. 8 is essentially the same thing as Condition No. 1, as is Condition No. 9, so they've already been agreed to. The next three conditions all deal with staff s desire to require inclusionary zoning within this project and the requirement for providing affordable housing. And, in addition, providing an off -site parcel for affordable housing. So I just want to take -- I don't think I shared these slides with the Planning Commission in a previous village, but there's been -- there's been some allegations by staff that we're required to provide affordable housing, and they made the point that villages would be DRIB, and if they were DRIB, we would have had to go through an affordable housing needs analysis or housing needs analysis to determine if there was affordable housing required. And I just want to take you through how the Comp Plan already addresses affordable housing, and it was a conscious decision not to require that villages within the Rural Lands Stewardship Area require affordable housing. We -- I don't know if you're aware, but villages within the Rural Fringe Mixed Use District are, in fact, required to provide affordable housing to get additional density. Unlike the Rural Fringe Mixed Use District, the Rural Lands Stewardship Area does not require affordable housing within villages. In fact, specifically in Policy 4.7, it addresses that the only way to exceed your base density, which is up to four units per acre, is through the density blending process as set forth in the Growth Management Plan and the Immokalee Area Master Plan was through the affordable workforce housing density bonus and the density rating system. So specifically in the Rural Lands Stewardship Area policies, in this case, 4.7, it addresses how you get more density in exchange for providing affordable housing. We have elected not to ask for more than four units per acre, so we should not be required to provide affordable housing. Likewise, the Land Development Code incorporates the same provision that you just saw from the Growth Management Plan. The introductory language to 4.08.07, which is the SRA Land Development Code provisions, again, says the way -- that density shall not be increased except through the provision of the stewardship credit system, the affordable housing density bonus, and the referenced -- and referenced in the density rating system of the FLUE. Again, we're not asking for any additional density. Therefore, we don't have to provide affordable Page 66 of 90 February 20, 2020 housing. And, again, later on in the same section dealing with design standards for towns, villages, hamlets, and compact rural development, it again says the maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the density rating system of the Future Land Use Element. So, again, your Land Development Code and your Growth Management Plan that specifically addresses rural land stewardship does not require affordable housing. If you want more than the base density, then you provide affordable housing to get additional density. Now, your Housing Element in your Growth Management Plan is even more specific as to affordable housing. This is the introduction page of your Housing Element, and you will see that I've highlighted the word "encourage." It says, thus there is a need for the county to find ways to encourage the provision of affordable workforce housing for these families. If doesn't say "require." It says "encourage." The next paragraph talks about different methods that the county uses to encourage affordable housing, which includes impact fee deferrals, emergency repairs, et cetera, set forth. And then, finally, the last paragraph there -- and this is -- this is a requirement of the county. And it says, Collier County will continue to address its affordable workforce housing deficit by working collaboratively with non-profit groups, governmental agencies, and public/private coalitions to coordinate activities and effectively leverage the resources available to the entire county. That is the county's job to go out and find partnerships to provide affordable housing. There is nothing in your Growth Management Plan that requires individual projects to provide affordable housing within the project. Now, I know people will say, well, you've got a requirement to provide diversity, and we have done that. We are providing different product types at different product prices. Nowhere in your Comp Plan does it say diversity is defined by -- meeting that condition by providing affordable housing. And, in fact, when you read your document, you'll see affordable housing is a way to get additional density, which we're not asking for, and you will see that the burden of providing affordable housing in your Housing Element is on the county to find partnerships. You're to encourage affordable housing by providing additional density; you're not to require affordable housing. And I'm not -- I don't know if you're aware, but in the last legislative session, the state legislature said, counties can -- it can adopt inclusionary zoning, but if they do so, they basically have got to make sure that the landowner that you're requiring to do that is made whole, meaning you cover the impact fees for that, you make sure whatever profits they've lost are all covered through your inclusionary zoning project. It's not to be a burden on the developer to fully absorb that cost of providing affordable housing. MR. KLATZKOW: Yeah. Except that this is -- Richard, I don't know if you're arguing or if you're testifying here. This has already been zoned, okay, and the zoning requires a diversity of housing types. You're arguing that the diversity does not require affordable housing, all right. Other people can differ. MR. YOVANOVICH: I agree. MR. KLATZKOW: The Planning Commission can make its own determination. The Board of County Commissioners can make its own determination. But I'm not sure what the purpose of this is. We all understand that the entire argument hinges upon what do we mean by diversity of housing types. MR. YOVANOVICH: And what I'm trying to -- Page 67 of 90 February 20, 2020 MR. KLATZKOW: And it doesn't mean blue houses and green houses, okay, or single-family houses or multifamily houses. I think, when we use the term "diversity," I think it has more meaning than that, but that's up for the Board of County Commissioners and it's up to the Planning Commission to decide. MR. YOVANOVICH: Other than the fact that your staff says they can't recommend approval unless we include 15 percent of our units as affordable housing or we provide an off -site site for affordable housing, and all I'm simply pointing out in the record is is your staff is not allowed to ask for that condition. You may disagree. MR. KLATZKOW: We disagree. MR. YOVANOVICH: And that's fine. But I'm allowed to create my record, Jeff. This is our hearing, and I'm putting on the record -- MR. KLATZKOW: And you've created the record, yes. MR. YOVANOVICH: Thank you. And that's all I'm trying to do. So we've worked -- I went too far. We've worked closely with your utilities staff, we've worked closely with your transportation staff to work out a developer contribution agreement. That's in your backup. You'll note there's basically two sections of that developer contribution agreement. The first one deals with utilities where we've agreed to provide a utility easement along the northern portion of the property for regional utilities to be extended out to the Rural Lands Stewardship Area to serve this and other projects. We've also worked with your Transportation staff to address reservation of Oil Well Road right-of-way. We've also worked with your water management staff to address providing an access easement to the canal on the west side of the property. The county has a canal easement, but they have a little trouble getting to it to access it, and we've provided that additional easement as well. We have agreed to provide water management related to the road right-of-way set -asides for the project as part of the developer contribution agreement. I'm happy to get into greater detail if you want to. We're also going to prepay water and sewer impact fees for 250 units to help the county defray the carry costs of extending the water and sewer lines as part of this project. In conclusion, it's our opinion and we believe that the record shows that the Hyde Park SRA complies with all Land Development Code requirements for the millage -- for the village, I'm sorry. It meets the definition of a village, it meets all the suitability criteria, it fully addresses Attachment C, it complies with all the design criteria, not only -- we're fiscally neutral, according to your staff, our expert as well as a third -party reviewer, and we've met with your staff to address infrastructure concerns that they may or may not have with regard to the project. With that, we're available to answer any questions, and we request that you forward this petition to the Board of County Commissioners with a recommendation of approval. COMMISSIONER SCHMITT: And that recommendation is subject to the conditions that you cited that you want to be eliminated. MR. YOVANOVICH: We want -- we -- the ones we've agreed to we agree to. The ones we disagree to, the -- COMMISSIONER SCHMITT: Can you go back to that slide? MR. YOVANOVICH: Yes, I will. So, basically, we agree to Condition 1; Condition 2 is already addressed; Condition 3 we agreed to; Condition 4, which is the Sheriffs substation, we do not agree to provide a Sheriffs substation. We're paying our impact fees. COMMISSIONER SCHMITT: You'll pay your impact fees. MR. YOVANOVICH: Of course. COMMISSIONER SCHMITT: And the facility will allow it, but it's at -- it's something that is not a developer contribution. MR. YOVANOVICH: If they want to come talk to us about -- Page 68 of 90 February 20, 2020 COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: -- leaving space in the town center -- COMMISSIONER SCHMITT: Leasing space. MR. YOVANOVICH: -- we're happy to talk to them about it, but we're not going to provide it, you know, free of charge. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: We've agreed -- I'm sorry. We're on No. 5. That's -- that is -- it's unnecessary, but we agree to it. Number 6 -- COMMISSIONER SCHMITT: Six is unnecessary as well. It's already perfunctory. It's part of the code. MR. YOVANOVICH: I agree. Five and 6 are code requirements so, of course, it was easy for us to agree to that. Condition No. 7 is already in the SRA document, so it's unnecessary. Condition 8 and 9 are related to Condition 1, which we're fine for. And we disagree with the three conditions related to the affordable housing, which is 10, 11, and 12. So that is our request. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: With that, we're available to answer any questions you may have. We have all the usual suspects here to answer any questions. CHAIRWOMAN HOMIAK: Okay. Before we do that -- do you want to take a break? You need a break, huh? Till -- okay. We'll take a 15-minute break. (A brief recess was had from 2:28 p.m. to 2:43 p.m.) CHAIRWOMAN HOMIAK: Questions time. COMMISSIONER FRYER: I have some. I had a good conversation with you yesterday, Mr. Yovanovich. You answered some of my questions, and I -- as I always do, try to let you know what my concerns were going to be to give you a heads -up, and I'll begin by saying a couple of positive things about the project. First of all, it is compact. It seems to be well suited to village status. The interconnectivity is solid, so kudos on that. Now, I have some comments and some proposals. First of all, the village center is not in the center, and the neighborhood edge is not on the edge. And I think I know why that nomenclature has been adopted, and I'm not especially concerned about the loss of the graduation or gradual nature of going from density to less density because your neighborhood edge is like a spiderweb throughout this thing. So you couldn't really go from less density to more and vice versa. And I'm not so concerned about that. And I'm not even so concerned about the fact that your neighborhood center is in the far edge. I get why that is. I'm going to challenge you and your client to perhaps accommodate my concerns in exchange for my not arguing with you over the fact that this isn't in the center -- that the village center's not in the center. We'll come to that in a moment. As we have said, this is going to be a gated community. MR. YOVANOVICH: Oh, yes. I didn't know if that was a question. I'm sorry. COMMISSIONER FRYER: Yeah, yeah. I'm kind of trying to make a record along the way here. MR. YOVANOVICH: Okay. COMMISSIONER FRYER: And which, again, is not entirely what I think was anticipated for a village. But nonetheless, I don't -- I don't -- that's not a huge problem for me. My first question is, with respect to the 180 multi -families that are to be in the village center, which side of the gate will they be on? MR. YOVANOVICH: They're going to be on the -- they're going to be on the private side of the gate, correct? The apartments are going to be before the gate -- oh, I was -- when we spoke I was wrong. They're actually going to be on the public side of the gate. Page 69 of 90 February 20, 2020 COMMISSIONER FRYER: Okay. Thank you. Is there a bus line currently on Oil Well? MR. YOVANOVICH: There's not, but we've -- we're working with staff for when we do have one. Obviously, we're providing the transit by our village center. COMMISSIONER FRYER: From your discussions with staff, what -- what can you tell us about the likelihood and the proximity in time of there being a bus line on Oil Well? MR. YOVANOVICH: I'm not sure staff is that far along in determining when they will provide service out there. So maybe Trinity knows. But I think that they're just taking a longer term planning approach to make sure when they're ready to go out there we've assisted them in that endeavor. COMMISSIONER FRYER: Okay. Let's see. I've got a lot of pages to go through, so it's going to take me a little bit of time to get to my next questions. So Phase 1 of your multi -phase project is basically southwest quadrant? MR. YOVANOVICH: It's actually just --it's not a phased project by the typical term of "phasing." I don't know if we're -- I don't think the final decision has been decided as to where to start and when to end with the ultimate development. COMMISSIONER FRYER: Mr. Mulhere's site plan labels Hyde Park Village, and then this first -- it calls it Phase 1 in the southwest corner, but that is -- that's not -- MR. YOVANOVICH: Was that in our PowerPoint? COMMISSIONER FRYER: I don't know, but it's got Bob's company's logo on it, and it says Phase 1. MR. YOVANOVICH: I believe that may have been a reference to a preliminary plat. I'll have to follow back up on that. COMMISSIONER FRYER: All right. So can you be more specific at this point where the first 250 dwelling units would be constructed? MR. YOVANOVICH: The first 250 dwelling units are going to be in the southwest corner. Is that what you just asked me? COMMISSIONER FRYER: Yes, it is. MR. YOVANOVICH: Oh, sorry. COMMISSIONER FRYER: Okay. That's all right. So this Phase 1 site plan from Hole Montes is accurate? MR. YOVANOVICH: The plat, yes. You were -- where you and I are maybe missing each other is I'm thinking about the master plan for the SRA. COMMISSIONER FRYER: I'm just talking about the site plan. MR. YOVANOVICH: You're referring to a totally different document. That's what threw me off. MR. MULHERE: I'm sorry. I just wanted --so because we used these terms, I guess it is sort of a site plan, but technically what we're talking about there is the plat. And so the Phase 1 plat, the first plat that we're going through is in that location. COMMISSIONER FRYER: Yeah, okay. And I think we understand one another that that is -- at present that is where you plan to build your first 250. MR. YOVANOVICH: Correct. MR. GREENBERG: Correct. COMMISSIONER FRYER: Can you estimate, assuming the regular process of permitting, when you would have completed the first 250 dwelling units, wherever they might be? MR. YOVANOVICH: I think that -- probably anticipated to have those done in three years. COMMISSIONER FRYER: From? MR. YOVANOVICH: From when we get approved. Page 70 of 90 February 20, 2020 COMMISSIONER FRYER: From when you get BCC? MR. YOVANOVICH: Yeah. I've got to get approved first. I mean, we're still working on -- you know, obviously we've got to get the SRA approved, and then we've got to finalize the Corps and Water Management District permits. COMMISSIONER FRYER: So it's all of those approvals? MR. YOVANOVICH: Well, yeah. Because we can't start -- COMMISSIONER FRYER: No, I understand, but I just wanted the beginning point of the time. So it's three years from the last approval you need? MR. YOVANOVICH: Correct. And we're not far away, hopefully, from getting the last approval we need to get moving. COMMISSIONER FRYER: Okay. All right. We talked yesterday a little bit about buffering. And the niche, if you will, of this village, this location has rural estates to the west and to the north and then Oil Well to the south where -- and to the north you've got one dwelling unit per 2.25 acres density. To the west you've got 1.25. My question is -- well, before I ask a question, could you please elaborate a little bit on what you're proposing for buffering against the rural estates. MR. MULHERE: Yes. So the -- where we actually immediately abut the Estates is to the north, which is right here, right? COMMISSIONER FRYER: Aside from the canal, it's on the west as well. MR. MULHERE: The canal, yeah. I'm going to get to that one -- but to the north. That is a Type 15 [sic], which is an opaque, required to be an opaque landscape buffer or, excuse me, a Type B, 15-foot wide. But the tract is 100-foot wide. So we will have an open -space tract, a green -space tract 100-foot wide within which we will plant the required opaque 15-foot-wide planting area. That's just the planting area. So 100 foot right here. Over here it's 65 feet -- 65 feet on the west same type of planting, but a 65-foot-wide open -space area adjacent to that 100 -- I think it's 100-foot-wide canal. COMMISSIONER FRYER: So with the setbacks of the rural estates, how many feet would your improvement be from their improvement? MR. MULHERE: So 30 in the rear for them, plus the canal's 100 foot in width, I believe. Is it 200? Oh, so 100 foot plus 60, we're at 190, plus the setback, the rear -yard setback. It's over 200. COMMISSIONER FRYER: Building to building is over 200? MR. MULHERE: Yes. COMMISSIONER FRYER: Both the north and the west? MR. MULHERE: Yes. COMMISSIONER FRYER: Okay. Thank you. In a conversation that I had, I guess, Rich, in our phone call, we talked about the notice to residents regarding a parkway sound wall. When you were talking about agree and disagrees, did you cover that and I just didn't hear? MR. MULHERE: No. Because it's in the document itself. We're still working with Trinity on -- we have no objection to providing notice to our residents within Big Cypress -- I'm sorry -- within Hyde Park that Big Cypress is coming. We have no objection to providing notice to our residents that there's -- Big Cypress Parkway is on our eastern boundary. COMMISSIONER FRYER: And that there will be no sound wall. MR. YOVANOVICH: Well, we're still talking to the county about how far they're going to try to push us to put us in a position where we may have exposure to build a sound wall, and so we've said you move -- remember, Big Cypress Parkway when it was originally configured was further to the east by a few hundred feet. It got moved up against our project boundary. We have a 75-foot buffer there. We think that's more than enough. If, however, Big Cypress Parkway Page 71 of 90 February 20, 2020 warrants a sound wall, we believe that that's the county's expense, not the developer's expense. So we're still working through -- COMMISSIONER FRYER: Understood, but isn't the issue notification? MR. YOVANOVICH: We have no problem notifying them. We have no problem notifying our residents. COMMISSIONER FRYER: All right. Well, when we get to staff, I'll find out whether they see that as an open or closed issue. MR. YOVANOVICH: All right. COMMISSIONER FRYER: All right. Now, to affordable housing. And I know and I think staff knows full well that, per se, it is not required. What is required, though, is diversity. And so that is in the eyes of the beholder, I think, as the county attorney said quite well. And in my judgment diversity can be accomplished in some different ways, but the overall objective should be a diversity, in my personal point of view, that is a benefit to the county. Now, again, I don't, personally, focus quite as mechanically or irresolutely upon the notion of affordability. I'm more interested in providing some real opportunities for essential services personnel. So I'm not necessarily where the staff is on their 15 percent proposal and the other. I think -- I'm glad that they made that proposal because it's something that we need to talk about, but that's not exactly where I am. I would like to hear a proposal from the applicant that would address in a meaningful way more than just holding open a unit until, you know, 90 days has elapsed, and if no essential services personnel apply, then it's open to anybody. That's not quite enough for me. What was done with Rivergrass was, I think, a step in the right direction, $500,000 pot that was put together to help people, I guess, with earnest money or down payments or something. So my first comment to you -- and I don't have a proposal. I didn't when we spoke yesterday, and I still don't. But I want you to know that from my perspective, I'm concerned about the lack of what I would call sufficient diversity in respect of essential services personnel who are intrinsically of great value to the county and having them very proximate to the county. You don't need to respond to that yet, but that's my first concern. And I will -- I'm going to jump here to my second concern, but then I may come back to some other things. My second concern has to do with the number of dwelling unit certificates of occupancy that you would get in exchange for only opening half of your commercial square footage, 22,500. To me, as a fair exchange for being able to move your commercial center from the center to the potential intersection of Oil Well -- well, Oil Well and Desoto and then ultimately proximate to Big Cypress when that opens up, seems to me the trade-off should be that you would open up more commercial sooner because you wouldn't have to depend exclusively upon the residents for your business. You're looking for drive -by business, and I understand that. So, to me, the 1,530 dwelling units number is too high. MR. YOVANOVICH: I've got to go back to the very -- what I believe to be an incorrect application of the SRA requirements. There is nothing in the SRA requirements that says the village center has to be in the center. What it says is it's the focal point for providing these goods and services. It doesn't say that it needs to be the bull's eye in a dart board. It says that it has to be the focal point. And this is, in fact, the focal point. COMMISSIONER FRYER: I grant you that. MR. YOVANOVICH: So it doesn't have to be in the middle, and where we've located this, it is the focal point of where we're going to provide those goods and services, and it's truly mixed use with having the multifamily within the village center and having that multifamily be on the public side of the gates, if you will. So I think, for one, our village center is spot on with the requirements of what the Rural Land Stewardship program requires. Page 72 of 90 February 20, 2020 COMMISSIONER FRYER: It doesn't explicitly require it to be in the geographical center, but the word "center" does have a meaning. MR. YOVANOVICH: Well -- MS. ASHTON-CICKO: Well, it is pretty clear that the most intensive is in the middle, and the outer edges are intended to be least intensive. That's throughout the GMP, but that's -- MR. YOVANOVICH: But keep in mind when you're looking at -- you look at each individual project and parcel, where is this located? This project is going to be located at the intersection of future Big Cypress Parkway and Oil Well Road. That's a pretty big major intersection. So where would be the best location for these goods and services to be provided not only to our residents but the residents that are in that area out east? Because, again, one of the tenets of the Rural Lands Stewardship program was to provide these goods and services out east to reduce vehicle trips back into the urban area. So where we've located our village center makes sense not only for our community but for the surrounding community. COMMISSIONER FRYER: It's a focal point taking also into account the fact that you are actively marketing to automobile traffic on the roads, which is fine. MR. YOVANOVICH: Which -- and I'm going to get to the next point. The next point, as much as we would like to build space and they will come, that's not how retail space works. You build it when there's enough critical mass of rooftops to support the business properties in that -- in that center. It makes no sense to build a building, hope you can lease it, and hope they'll be successful. So what we think is an appropriate trigger -- the number that's in there is an appropriate trigger to result in there being enough critical mass for that 22,000, and I don't remember the exact number, of space to be successful, and that's what we all want. COMMISSIONER FRYER: I disagree -- I disagree because I would be willing to support putting your village center not in the center but down near what would be a more likely focal point for where you would attract business, but in exchange for that, it seems to me that your 1,530 dwelling units is too high. You're not depending upon those roofs and those units to be built exclusively to create your demand. You're also marketing to automobile traffic. MR. YOVANOVICH: And the number that we arrived at the 1,530 rooftops takes into consideration other drive -by traffic. Now, remember, don't forget, we're competing -- our retail will be competing with other retail in the area. So it's not as simple as we get everybody who's on the road to come to our retail. We have -- not people -- not only our road, people that are on the road; they'll be going to other villages in the area. COMMISSIONER FRYER: I understand. MR. YOVANOVICH: So it's a delicate balance, and what's important is that the retail be successful and it meets the needs of not only our village -- Now, let me give an example. In the Divosta communities, they had these village center concepts where they would provide retail, limited retail to serve these communities, and they're not small communities. They've got many homes in them. That retail struggles. It struggles, and that's in the center. So that has not been the most efficient use of that concept. And in order to have a successful village center and viable to meet our needs, we've purposely located this center at that intersection because we want it to be viable to serve our residents' needs, which it needs to do, but also serve other people, and we think that's consistent with the Growth Management Plan. COMMISSIONER FRYER: We're saying similar things. We're not that far apart. But my point is is that for -- you've got 2032 buildout year with your 12 years. MR. YOVANOVICH: Yes. I have to -- it's hard for me to do in my head. Yes, 2032. COMMISSIONER FRYER: Okay. So let's say that you don't get to 1,530 until year eight, year nine, year 10. That's along period of time, potentially a decade or more where the Page 73 of 90 February 20, 2020 people who are living in there are not going to have retail services available to them unless they go out on the public roads. MR. YOVANOVICH: But the problem you have is, who's the retailer? The provider of those services has to have enough business to survive, and if they don't have enough business to survive, they're not going to provide those services anyway. So you're not going to attract the business owner who's going to -- they have their mathematical formulas, and they say, if we don't have enough of these rooftops, we're not coming. So you're not going to get those services anyway. COMMISSIONER FRYER: Well, what is the logic behind the 1,530 number? How did you arrive at it? MR. YOVANOVICH: It was a number that was arrived upon and based upon our experience as to how many rooftops we would need together with what we thought we could capture from the roads to have a viable center. COMMISSIONER FRYER: Well -- but that's prognostication that you could do or I could do as well. And, obviously, your goal is to reduce your risk, and I understand that, and you're entitled to attempt to do that. My concern is is you're wanting 1,530 numerator divided by 1,800 denominator dwelling unit occupancy certificates in exchange for only 50 percent of the commercial use, and it seems to me that those fractions should be a little more closely aligned. MR. YOVANOVICH: Do you have a proposal? COMMISSIONER FRYER: Yes. I'd propose that they be -- that they be aligned completely; that 50150, 25/25 so that you get some retail in there. MR. YOVANOVICH: The math doesn't work. The math doesn't work for the businesses to be successful. COMMISSIONER SCHMITT: Publix is not going to -- a firm like Publix is not going to come in. He could build the -- I agree with Rich. He could build the facility, but they're not going to come in unless they know they can capture a market and they do a market study and a market analysis to determine the capture rate and what their sales would be. We could stipulate anything in this but, frankly, it's up to the business. The business -- even at 15, 20, you may not get a business to come in. You may get a cleaners. You might get a -- some other small retail, but you're not going to get an anchor store unless they know they can capture the business. So I just --I don't know what you're --you're trying to take a ball -peen hammer and put a square peg in a round hole. I mean, we could put a number down, but it may -- to me it's -- COMMISSIONER FRYER: Well, this particular number just seems tome to be unnecessarily generous. What the right number is I don't know any more than you do or that Rich does. But I am concerned about the folks who are living there. We don't -- we don't know the progress that's going to be made in Rivergrass, and we don't know, you know, to be sure, what -- when Rivergrass is going to be up and running in its commercial center. So there's nothing that, you know, we can rely upon for the benefit of those people in any particularly adjacent area. And it seems to me that some credit should be given to the residents for the fact that you're moving the center to the edge using the common sense meanings of those words in order to capture drive -by traffic. MR. YOVANOVICH: Well, I guess we'll have to agree to disagree on whether I'm really moving the center to the edge, because I think the center can be exactly where we have and meet code. COMMISSIONER FRYER: Well -- okay. So I've got some other questions, but essentially those are my big concerns. The number of dwelling units, certificates of occupancy, and garnering only 2,200 -- 22,500 square feet. And I'm not trying to set you up to lose money or Page 74 of 90 February 20, 2020 lose business or be not viable, but it just seems tome that this is overly generous. And the other concern has to do, as I mentioned, with -- MR. YOVANOVICH: But, remember, that's an outside. That's an outside. Let's just say we're wildly successful, and we go quicker, and Rivergrass is wildly successful and they go quicker and the Estates is building out like the Estates is building out. Retailers will want to come. That retail provider will come to Neal Communities and say, we want to buy this property. We want to build the center because there's enough rooftops. The market takes care of itself. That's clear. And we all know of many examples where people tried to force the market, and they were unsuccessful. And you have -- you have vacant, blighted space, and that's in nobody's best interest. COMMISSIONER FRYER: So that was my first concern. And my second concern has to do with doing something that's significant for essential services personnel. Just numerically, based upon the way the documents came to us, my next series of questions have to do with the economic analysis. If your consultant could come up, that would work for me. MR. YOVANOVICH: Right here. COMMISSIONER FRYER: Okay. MS. GALLO: Good afternoon. Lucy Gallo with DPFG. COMMISSIONER FRYER: Hello, Ms. Gallo. Welcome back. The first -- well, the main subject I want to ask you about, not the only one, but the main subject has to do with emergency medical services, because that's something that I have had some knowledge about, some special knowledge. MS. GALLO: Right. COMMISSIONER FRYER: And there is a figure, Figure 1 in your material, that is found on Page 980 of 1,358. It is labeled Hyde Park site and public facilities location. You have that in front of you? MS. GALLO: I do. COMMISSIONER FRYER: Okay. And you've got Corkscrew Fire Station 12, which, of course, now is North Collier, but that's where it is. You've got a sheriffs subdistrict, I guess, labeled. You've got a battalion chief labeled. You've got Medic 32, which is over in Ave Maria; you've got that labeled. You also have Big Corkscrew Fire Station No. 11 labeled. Are you familiar with that station? MS. GALLO: Yes. Those were prepared -- the map was prepared by Hole Montes when we did the initial submission in June 2018. But if you want to talk specifically about EMS services for Hyde Park Village, there's an update to provide that I'll be glad to share with you. COMMISSIONER FRYER: Does it have to do with the firehouses and EMS stations? MS. GALLO: Yes, exactly. COMMISSIONER FRYER: Yeah. Why don't you. MS. GALLO: Yeah, absolutely. When this report was prepared, EMS was planning to collocate with North Collier Fire at the Desoto and 22nd station. COMMISSIONER FRYER: Sure. MS. GALLO: But in -- and I shared this memo with Amy Patterson. When the county closed on the property for the new EMS site at DeSoto and Golden Gate Boulevard, that became the EMS facility that will serve Hyde Park Village. So I'm -- because there's so many of these applications going on, I'm in regular touch with Chief Butcher on these EMS facilities. So kind of the good news out of what is not in this report, because it wasn't updated for this acquisition in January of 2020, is that the new EMS station at DeSoto and Golden Gate Boulevard will be funded -- the building part will be funded by the new sales surtax, meaning that for Hyde Park Villages' proportionate, there won't be a building cost from -- needing to be funded with impact fees. So, in essence -- I'm not sure you can see this, but there will be approximately Page 75 of 90 February 20, 2020 143,000 additional impact fee dollars that can go to support other capacity needs, whether it be vehicles or equipment of the county, that will not be created from demand from Hyde Park Village because the building itself is going to be funded by sales tax. COMMISSIONER FRYER: Yeah. But, of course, that means that sales tax money won't be available for other uses or other purposes. MS. GALLO: Right. Exactly. COMMISSIONER FRYER: Okay. Let's turn to fire suppression and what was called Big Corkscrew, now called North Collier. Station No. 11, which you have labeled up in the northwest corner of this Figure 1, are you familiar with that station? MS. GALLO: I know that from our -- again, I did not prepare this map, but what is documented in the report is that the new North Collier Fire Station plan for the Desoto and 22nd will serve Hyde Park Village as well as Rivergrass. COMMISSIONER FRYER: Well -- but, of course, you know, if there's a structure fire, it's going to take more than one firehouse to put the fire out. MS. GALLO: And so the current plan, again, that happened --just has happened within the last four weeks, I guess, with the acquisition of this county property, North Collier Fire is planning to have one bay with one pumper at the station on 22nd and on DeSoto and Golden Gate Boulevard. So there will be extra support coming from within the adequate drive time. COMMISSIONER FRYER: And that's a good thing. But, nonetheless, in a case of a structure fire, which would usually go to a first alarm, any kind of a structure fire of consequence, you're going to need to pull apparatus from other fire stations, possibly as many as three to five additional suppression apparatus in order to put the thing out, maybe more if it goes to multiple alarms. So having that DeSoto and 22nd there is good, but you've got to also rely upon the array of firehouses that are around Hyde Park. Now, I'm going to ask you one more time about Fire Station 11. Are you familiar with that? MS. GALLO: I worked closely with Chief Ricardo in preparing the North Collier Fire portion. And the analysis, based on the stations that he said would be supporting this district -- I mean, this project, he approved every word that's included in this report. So I don't think he's here today, but he expressed no concern about being able to provide service to the site. COMMISSIONER FRYER: Here's my concern. MS. GALLO: Uh-huh. COMMISSIONER FRYER: It's been decades since Fire Station 11 had any first responding personnel or apparatus at it. It's a maintenance facility, and it's been that way for a long, long time. And Chief Ricardo knows that. MS. GALLO: Then apparently there was a correction needed on this map that I was not aware of. COMMISSIONER FRYER: But the larger concern, you know -- and I am not as acquainted with other aspects of the economic study that you've done as I am with fire and EMS. But when I see something like this, which is -- which is intended to portray circumference of coverage around the area, and really one of the stations in question is a maintenance facility without any fire apparatus or personnel, it calls into question some of the assumptions that you've made and the assumptions that we're being asked to make and -- with respect to your study. MS. GALLO: I guess the -- my comment is, though, it's well documented in the report where -- what station will provide service to the site. COMMISSIONER FRYER: Well, okay. Let's turn now to EMS. And if you look at the 2019 AUIR in the materials that were submitted by EMS, you find the following statistic: First of all -- Page 76 of 90 February 20, 2020 COMMISSIONER SCHMITT: Tim, can you help her with -- fix that, if you would. Thank you. COMMISSIONER FRYER: The level -of -service standards, LOSS, for EMS for that year was calculated to be one service unit, which is vehicle plus equipment plus station space per 16,400 in population, okay. MS. GALLO: Uh-huh. COMMISSIONER FRYER: So the annual cost of one service unit, those three components that I mentioned, is $2.7 million. That's the annual cost for personnel, equipment, and the roof over its head. Okay? MS. GALLO: That's in the -- correct. COMMISSIONER FRYER: So now if you take that annual cost and you divide it by the number of people, 16 -- 16 point 4,000 -- 16,400, you come to a per -person headcount that would be -- that would contribute to that additional EMS unit at $165. Now, if you take the $165 and you multiply it by your population estimate, which I think is low, but we'll take it for the sake of discussion of 3,633 permanent population, that comes out in excess of $598,000 a year of EMS costs that is going to be associated with Hyde Park. MS. GALLO: I just showed you the analysis for the capital cost associated with EMS services. There is no building cost. That was what I was showing you. So in your -- COMMISSIONER FRYER: Well, you were showing me one thing, but now I'm presenting something else to you. MS. GALLO: Right. But what I'm presenting is what the county has adopted in terms of from a functional population standpoint and truly the effect on capital needs for the county that Hyde Park Village will create. Hyde Park Village is going to create demand for vehicles, not a building. What you just included that -- the larger cost for that calculation was for the building cost. The building is going to be funded by sales tax. COMMISSIONER FRYER: Yes, but that money is coming away from other uses in the county. So please don't assume that that's found money. MS. GALLO: The facility was approved for sales -tax surtax, and this project isn't even an approved project. It's already been in the works. There's already been a need for an EMA station for additional coverage in that site long before either Rivergrass or Hyde Park Village came along. COMMISSIONER FRYER: Ms. Gallo, my objective here is to illustrate the actual cost per person of the additional service unit which is the vehicle, the roof over the head, and the personnel, because dealing with actual costs is, I think, a better way of looking to fiscal -- at fiscal neutrality and particularly when that's not even going to be calculated until buildout. It gets back to an original question I had in another project. What happens -- I mean, all of the costs that's going to be incurred by the county of having $598,000 going out each year, and you're proposing to pay only 214,000 in year one. MS. GALLO: We're going to be paying our -- Hyde Park Village will pay its impact fees. That's what I was showing you. Their impact fees are 242,000. That's what their legal obligation -- COMMISSIONER FRYER: Two hundred fourteen or forty-two? MS. GALLO: $242,000. COMMISSIONER FRYER: Well, what's the 214- figure? MS. GALLO: I'm not sure I see where you're showing. COMMISSIONER FRYER: Well, in your material, correct me if I'm wrong, but it looks to me as though you're proposing to pay $214,000 in year one as your contribution toward EMS service. MS. GALLO: Table 16, impact fee revenue, 242,000. Page 77 of 90 February 20, 2020 COMMISSIONER FRYER: I don't have that in front of me. Be that as it may -- MS. GALLO: Yeah. COMMISSIONER FRYER: -- it's still significantly less than the $598,000 actual cost that may or may not be zeroed out or become cost neutral at time of buildout, which is 2032. But as you know, I'm sure, county EMS operates at a loss. The fees for services do not cover the actual cost of running the EMS operations. They fall short by about a million and a half a year. And so that's not -- that loss is not something that you can make up in volume. Additional volume only increases the loss. MS. GALLO: And part of -- and that's why we recognized on the operating side -- and that's what I was getting ready to show you on this slide earlier is that right now -- typically, a fiscal -neutrality analysis does not look at enterprise funds because they're supposed to be self-supporting. The EMS fund is an enterprise fund. As you mentioned, though, the ambulance fees don't cover the full costs, and part of the reason is that 70 percent of the calls are for Medicare and Medicaid recipients. So there's a gap there. So what we built into the fiscal -neutrality analysis was the -- and we were based on the Fiscal Year'l8 budget -- that $18 million [sic] is a line item in the fiscal model so that we acknowledge that there's a gap that the General Fund has to subsidize an enterprise fund, which is unusual. COMMISSIONER FRYER: The only point I'm trying to make is that if fiscal neutrality is going to be achieved at all, it's going to be pretty far down the road, and in the meantime this is going to be a burden upon all the other taxpayers in the county. MR. KLATZKOW: Fiscal neutrality will never be achieved in the RLSA. It's mostly residential. You make money in agriculture, which we're losing. You make money in industrial; very little out there. Commercial, you're not seeing it until the rooftops are up. And so they're mostly putting up residential. We lose money on residential. I think we spend, like, a dollar for every 80 cents we bring in. And so the fiscal neutrality is --you're not going to achieve it. You're just not. MR. YOVANOVICH: And, Mr. Fryer, the code was changed many years ago to determine fiscal neutrality at project buildout. There used to be an analysis every five years. The Board of County Commissioners decided to go away from that because they didn't want to get into the catch up, pay back, catch up, pay back. They wanted -- they made a conscious decision to change the Land Development Code to a fiscal neutrality at buildout. That's the standard that we have to be held to. The interim has been decided to be not relevant to our application. COMMISSIONER FRYER: I understand, but the only thing I would say is is that we and, more importantly, the Board of County Commissioners are representatives of the taxpayers, and I think when these matters come before us and before them for hearing, it's important for the county taxpayers to know that there will be an actual cost that is significant, substantial, and may exceed the minimum requirements that have been set out in the LDC at fiscal neutrality in the year of buildout and all of that. MR. KLATZKOW: And that's true for pretty much every development we do here. COMMISSIONER SCHMITT: Yep. MR. KLATZKOW: I mean, Jesus, I had three kids going to school. It cost the Collier County taxpayers about $10,000 per year per student. That's on top of what the state puts in, all right. So that's $30,000 a year in Collier County taxes just to educate my three kids. What am l paying, $2,500 a year, $3,000 a year in taxes. You'll never catch up on residential. COMMISSIONER FRYER: All right. I just -- I wanted to make that point because I think people need to think about that. I certainly do. With respect to your analysis of the breakdown between seasonal residents and full-time residents, if I recall correctly -- and I don't have that right squarely in front of me, but I believe Page 78 of 90 February 20, 2020 there was -- it seemed to be weighted very heavily in favor of -- well, disproportionately towards seasonal residents, and I would have to challenge that, because most seasonal residents -- all seasonal residents are people who I believe have second homes somewhere else. And at these price points, do you really expect that the people who can afford to come in in these price points, that these are second homes? MS. GALLO: There's two points to your question: 30 percent of homes in the unincorporated area are seasonal; that's one point. To calculate peak seasonal population, we use the factor that you -all use -- the county uses in the AUIR, your impact fees consultants use, and it's a factor of 20 percent. That's a standard that the county used. We use it to be conservative, because what ends up happening is then we have a higher population that we apply in the fiscal impact study for an impact on a number of services, including EMS, so it's a very conservative measure. The third standard we use that recognizes seasonal homes is to estimate the portion of homes that will be eligible for homestead exemption. And we use the Shimberg Center for Housing studies at the University of Florida. Every year they have a download of the tax base of every county in Florida, and for unincorporated Collier County for their most recent tax year, that figure was 35 percent. So we didn't have any reason not to rely on an unincorporated county average for those homes qualifying for homestead exemption, single-family, of course. So -- and we needed to use that measure to be able to estimate property taxes. So that's where we have three different places where seasonality comes into play, and all of those are based on standard assumptions, and two of which are based on what the county itself uses. COMMISSIONER FRYER: My next point has to do with your firm's disclaimers. I was really surprised to see the same disclaimers in here after the discussion that we had in Rivergrass. You'll recall from your own disclaimers it says, further DPFG has served solely in the capacity of consultant and has not rendered any expert opinions. This report is not to be used where it may be relied upon to any degree by any person other than the client, nor is any third party entitled to rely upon this report. Any changes made to the study or uses of study not specifically authorized or specifically prohibited. I think you told me that that -- that that is not operative, didn't you? MS. GALLO: As I explained -- and this report was first filed in June 2018 long before Rivergrass testimony. As I explained to you before, our firm is involved in public finance, multiple bond finance. We -- a lot of our reports are -- COMMISSIONER FRYER: But that's not what this is. MS. GALLO: -- part of offering statements. Our attorneys, like attorneys for any other consulting firm, have standard disclosures that you include on reports because that's part of what is professional standard. So I think it's irrelevant to our discussion, as I said then. COMMISSIONER FRYER: Excuse me? Are you an expert in this area? MR. YOVANOVICH: What area? COMMISSIONER FRYER: The area that is the subject matter of this economic report? MS. GALLO: Yes. COMMISSIONER FRYER: All right. And are you rendering an opinion? MS. GALLO: I have -- yes. COMMISSIONER FRYER: Okay. So then this disclaimer is really inoperative. MS. GALLO: You asked me that before. That disclaimer is for purposes when our -- of every report we issue because there could be some report that could inadvertently, if you'll read the entire disclaimer -- COMMISSIONER FRYER: I did. MS. GALLO: -- be included with an offering statement, and we don't want that to happen Page 79 of 90 February 20, 2020 without our knowledge. So our attorneys have advised us we have that as blanket coverage. So if a client wants to use any of our reports within an offering statement, they're required to tell us. You're kind of reading that out of context in terms of why that disclaimer is in there. COMMISSIONER FRYER: No. I know exactly why you did it. It's just that this is -- this is an off -the -rack public offering or some other financial transaction. This -- this is an expert opinion, and we're being asked to rely upon your expertise and accept that what you say constitutes an opinion. And what I hear you saying is that that disclaimer or that part of it is not operative in this case; is that correct? MS. GALLO: I worked for a -- I was a vice president, AECOM Economics Global Consulting firm. They included the exact same disclaimer in all of their economic reports. It's standard wording. COMMISSIONER FRYER: So if you're not willing to acknowledge that you're an expert and this is an opinion, I don't know what we've even got this in front of us for. I'll move on. MR. YOVANOVICH: Hold on a second. She told you she's an expert in the testimony. She's told you you can rely upon the opinions she's given. She's saying these are standard limitations that nobody else can rely upon this document to use it for the wrong purposes. And so don't -- you cannot characterize what she just said as you can't rely upon what she just told you and the information she's provided you. COMMISSIONER FRYER: That -- okay. But she's going to have to tell me that this disclaimer is not operative to us. MR. YOVANOVICH: It is not operative -- and she'll correct me if I'm wrong -- to the testimony she has just provided. COMMISSIONER FRYER: Thank you. All right. On Page 1197 of our -- MS. GALLO: I'm sorry. I just have a hard copy. COMMISSIONER FRYER: I know. Pagination is a bugaboo of ours. MS. GALLO: Does yours show any sort of page number at the bottom of -- COMMISSIONER FRYER: No. MS. GALLO: 1197? COMMISSIONER FRYER: I'll read this paragraph to you, and I think you'll recognize it. This has to do with traffic. No, it doesn't. It has to do with economics. This is the appropriate time. It says, the report does -- does -- excuse me. The report does estimate that Vanderbilt Beach Road between Livingston Road and Logan Boulevard will operate at LOS F by the year 2030. Well, no. This actually has to do with traffic. Should I be asking -- MR. YOVANOVICH: I think that's Mr. Banks. COMMISSIONER FRYER: Okay. I'll hold onto this one. Thank you. Let's see if I have anything else on the economic. Ms. Gallo, I think that's all I have for you. MS. GALLO: Thank you. COMMISSIONER FRYER: Unless somebody else does. COMMISSIONER SCHMITT: Nothing on economics. I have questions of staff. COMMISSIONER FRYER: Okay. CHAIRWOMAN HOMIAK: Are you almost finished, or do you have a -- COMMISSIONER FRYER: I've got some more questions, but I don't -- I have probably 15 more minutes. CHAIRWOMAN HOMIAK: Okay. COMMISSIONER FRYER: But I'm happy to have others jump in if they want to talk about the issues I'm talking about in order to save time. Page 80 of 90 February 20, 2020 COMMISSIONER SCHMITT: Well, I would go back. I'd like to go back to the slide that Mr. Yovanovich put up, but I'm waiting for -- I would like to challenge staff on some of the comments that they made. COMMISSIONER FRYER: Okay. COMMISSIONER SCHMITT: I have no issues as proposed by the development. This is a -- complies exactly with what Mr. Yovanovich stated. It complies with the GMP. It's basically a section, carved out, 668 acres approximately is the section, and it's a perfect fit for what we're proposing herein a village. I just have some issues with the statements made by staff regarding the diversity of housing, and -- but I'm going to wait to talk to staff about it, because I do not believe that those statements belonged in this staff report. COMMISSIONER FRYER: Okay. COMMISSIONER FRY: Do you want me to ask? COMMISSIONER FRYER: Sure. Go right ahead. Yeah, sure. Please. COMMISSIONER FRY: Okay. I guess I'm wondering if Mr. Greenberg might come back up. I wanted to ask a couple of questions about Neal Communities' background and how it might apply to Hyde Park. You mentioned awards and focus on green building, sustainable building, and I wondered how those concepts and strategies will be applied at Hyde Park. MR. GREENBERG: In terms of the construction of our homes -- COMMISSIONER FRY: Correct. MR. GREENBERG: -- we follow Florida Green Building Coalition guidelines for how -- they have a rating system. And as we build our homes, we apply those rating systems to it, and that determines whether or not we qualify for that certification and their approval, and that's just our standard procedure how we run our business. COMMISSIONER FRY: Can you give a couple of just illustrative examples of the things you do in the construction process that -- MR. GREENBERG: It mainly has to do with energy management related issues and renewable resources and types of products that we use that meet those criteria. COMMISSIONER FRY: But you're not -- MR. GREENBERG: I couldn't bean expert to answer you any further than that. COMMISSIONER FRY: But it doesn't require -- it doesn't involve putting solar on every rooftop -- MR. GREENBERG: Not at all. Not at all. COMMISSIONER FRY: -- or maybe high SEER rating air conditioning systems and insulation -- MR. GREENBERG: The answer is those energy management systems do go into effect for that determination. COMMISSIONER FRY: Okay. MR. GREENBERG: We use higher SEER than typically required. COMMISSIONER FRY: Commissioner Fryer mentioned the timing of the commercial, and I guess what I'm trying to understand is, you know, you've built a lot of communities, and I assume that some of those have a commercial component to them as well similar to Hyde Park? MR. GREENBERG: Some do. COMMISSIONER FRY: So how is the decision made based on when the commercial actually goes in -- I'm assuming you sell that to a commercial developer, and then they actually build it. So that's not a Neal Communities -- MR. GREENBERG: Correct. COMMISSIONER FRY: -- part of it. MR. GREENBERG: In most cases. COMMISSIONER FRY: So then the number 1350 -- Page 81 of 90 February 20, 2020 COMMISSIONER FRYER: 1,530. COMMISSIONER FRY: -- 1,530 which is over 80 -- between 80 and 90 percent of the -- before the commercial, I guess, has to be built, but am I correctly hearing that if development proceeds at a faster rate overall in the area, that it's much -- it's likely that that would occur much sooner? You'd actually be approached when it is economically feasible for a commercial -- MR. GREENBERG: I think Mr. Yovanovich's explanation was probably the best. Obviously, we do not know what the marketplace will demand. And I think the most important part is that we have a successful retail and commercial development that would be approximate [sic] to the community, obviously, in this case as part of the village. We have competition because of the other villages that are going to be occurring and, really, we rely on the marketplace to determine that. Clearly, if the marketplace says, gee, we need more services, and all the services are exhausted by a competitor or we are able to find tenants through a developer that has access to the ones that are preferred, then our location may be of choice. We have no way of predicting that. So to be very honest with you, we push those kinds of conditions in terms of performance into a realistic time frame based upon the overall risk of the other parts of what we do as a developer with regarding to the residential because we know historically that the number of rooftops in a community of this size are never enough to support a viable retail operation. It takes thousands more than what we offer, and then on top of that, you now have the competition, because each village has a requirement accordingly. And they may have a developer who comes in that has better relationships for preferred tenants than we might be able to have come to us. We have no way of predicting that. We allow the marketplace to predict that, and we try to push that risk, okay, into a place that allows us to be successful as a residential developer, which is our responsibility, which is why we've had the track record we have of having successful communities, and we've completed every one we've ever built. COMMISSIONER FRY: Which is fantastic, and I applaud you for builder of the year and the green building. I think it's extremely important. MR. GREENBERG: Thank you. COMMISSIONER FRY: And also, you know, in the way of things that I find different about this application versus the past one, I do think that you're bordered by the Estates, really, on the north and the west. And so some of the, I guess, concerns that I had with Rivergrass don't really apply here in terms of spine roads running through it. I don't know where you'd go, and those people don't want to be connected. I think the village center makes sense down in that corner of that -- what will be a very busy intersection. I'm wondering -- when it comes to the commercial, nobody seems to be in a hurry. You've got Rivergrass right across Big Cypress Parkway, future Big Cypress Parkway. They're not in a hurry to put in commercial either. I'm getting a sense that based on what's there now in that area there really is -- there is no tenable commercial that's needed in that area that would possibly survive at this point. Is that -- that sounds like the conclusion that's been reached. MR. GREENBERG: Today? COMMISSIONER FRY: Today, yeah. MR. GREENBERG: My opinion would be, if it was, there's commercial ground available that's already zoned that people would be purchasing in front of Orange Blossom Ranch. There's 20 or 40 acres that has been sitting there. If there was viability and there are already rooftops there and that's also a corridor where people drive by, if there was a viable business investment there, I assume that would already be there. It's already by -right zoning. COMMISSIONER FRY: Okay. Thank you for that. I appreciate that. That's all I have for you, but thank you. MR. GREENBERG: You're welcome. Page 82 of 90 February 20, 2020 COMMISSIONER FRY: Thank you for your perspective. So, Rich or Bob, I don't know who; just some questions I hope you can clarify for me. The lifestyle signs was a -- was an issue. You know, the deviation, the one of 20 deviations that was rejected by staff had to do with those lifestyle signs. And I'll be asking them why. But I'm curious, are there any other approaches to the lifestyle signs, alternates that would not be objectionable to staff that would suit that purpose of advertising your lifestyle amenities? MR. YOVANOVICH: I think staff says nothing qualifies under the code. COMMISSIONER FRY: How did they get -- MR. YOVANOVICH: You've got to ask staff. (Simultaneous crosstalk.) COMMISSIONER FRY: -- staff how they got another -- MR. YOVANOVICH: I don't -- I mean, I look at these signs and I go, what's objectionable about these signs along Oil Well Road while you're building and selling out your project? I thought initially they were the flag signs, you know, that -- (Simultaneous crosstalk.) MR.YOVANOVICH: I can see how that would be objectionable, but these are permanent signs tastefully done. You're going to have to ask staff why they find -- COMMISSIONER FRY: Well, I -- MR. EASTMAN: They're temporary signs, correct? MR. YOVANOVICH: Yeah, during the life of the project to build it out. I don't know why they find this objectionable. COMMISSIONER FRY: I wondered if the flag signs hung on your wall or, you know, on your border might be more acceptable. MR. YOVANOVICH: No, I don't think they'd be -- COMMISSIONER FRY: Less. MR. YOVANOVICH: They would be less supportive of that, and I don't think we want something that -- COMMISSIONER SCHMITT: I prefer the inflatable ones that go up and down. COMMISSIONER FRY: With the crazy arms. MR. YOVANOVICH: In the wind, yeah. COMMISSIONER FRY: So, Rich, what are the -- give us -- I know it's in the packet, but we have a lot of people here just -- I think it goes to the affordable housing and just the terms of what kind of people might buy in here, what price ranges. What are the price ranges of the homes in this neighborhood? MR. YOVANOVICH: They're going to be in the upper twos to the mid fours, which we think is the price point for working families for Collier County and supportable for that. And if you -- I mean, Neal Communities builds a great project. They've been very successful in Collier County, and families live there, and this is what I think you want, and it's at the price points that the county is trying to get people to build in. COMMISSIONER FRY: I'm not expert in the affordability and the income ranges for these price ranges, but it was 100 -- you know, twos, threes primarily. Is that not a price range where essential services personnel can afford? MR. YOVANOVICH: Absolutely. They would absolutely be able to afford these price points. What you always get into is the county wants the people who buy these houses to commit for 30 years that they're never going to sell it to anybody else who doesn't meet that income threshold. Why would you buy that house when you could go to Ave Maria or someplace else, pay the same price without a 30-year commitment that you've got to find someone who's an essential service personnel person making a certain income threshold when we all know that's probably the biggest investment we ever make is our house. Page 83 of 90 February 20, 2020 And when life happens, there's times you've got to sell that house. You move, you lose a job, you switch a job. But the county wants these people to sign on for a 30-year commitment so that they get -- they limit who they could sell that house to, yet they are essential service personnel, but they say it doesn't count because there's not a 30-year commitment for that house to always stay in the essential service personnel or affordability threshold. COMMISSIONER FRY: You know, I'm certainly interested in what the other commissioners say as we move on. To me, those price points seem affordable for essential services, almost to the affordable housing. MR. YOVANOVICH: You don't want to discourage those people from wanting to move here because you've put restrictive covenants on their home. COMMISSIONER FRY: Is there -- and, Jeff, maybe this is a question for you. Is there a definition of diversity? Is there a formal definition that we should be abiding by and looking to? MR. KLATZKOW: I'm not being facetious when I say this, but usually you look in a dictionary -- unless something is a defined term in a code, all right, the default is to look into a dictionary. And what do we mean by diversity? COMMISSIONER FRY: It is not defined in the code? MR. KLATZKOW: I don't believe that that is defined in our code, no. So the default would be, what do we mean in the dictionary. COMMISSIONER SCHMITT: Diversity -- when this came up during the Comp Plan amendment, and I was part of the staff -- the intent of the diversity -- and I'm going to probably -- I'm looking probably to David. But I know Bob was involved in some of the writing of this as well. Diversity was meant to be types of homes: Single-family, multifamily, large homes, small homes. MR. MULHERE: Large lots, small lots. COMMISSIONER SCHMITT: Large lots, small lots, coach homes. It was meant to be -- create an opportunity -- no, a -- MR. EASTMAN: Choices. COMMISSIONER SCHMITT: -- criteria for homes, not income level. It was style of homes or size of homes. It had nothing to do with affordable housing. Affordable housing was always discussed during the RLSA development issue, but there was never anything that was codified in regards to mandatory requirement for specified affordable housing where you had a deed restriction on the home and a second sale, all of those kind of things that go with affordable housing. Cormac can come up and explain those requirements. But there was never anything in the RLSA that specified a minimum level for affordable housing. So, it -- I guess "diversity," to use the term, it's like, you know, what is pornography? And you know when you see it. Diversity, you know when you see it, but is it affordable housing? No, it was -- at that time it was meant to be -- COMMISSIONER FRY: Different types, forms of housing. COMMISSIONER SCHMITT: Different types: Single-family, multifamily, zero lot, whatever you want to call it, and at least that's my recollection. I don't know. I would have to look at Dave -- Dave Weeks, but Bob certainly was around when this language was developed as well. There it is. MR. YOVANOVICH: If you look, it says, diversity. Residential -- this is under the village design criteria. Diversity of single-family and multifamily housing types, styles, lot sizes. COMMISSIONER SCHMITT: That's exactly -- MR. YOVANOVICH: That's what your code says. There's your definition of diversity. MR. KLATZKOW: Hold on. Hold on. You know -- MR. YOVANOVICH: I'm -- Jeff. MR. KLATZKOW: Why don't you put on the LDC -- Page 84 of 90 February 20, 2020 MR. YOVANOVICH: I did. MR. KLATZKOW: -- provision. No, no, no. MR. YOVANOVICH: That is the LDC. MR. KLATZKOW: Do I have to pull it now? MR. YOVANOVICH: That's the LDC. That's the LDC under the village design criteria. MR. KLATZKOW: That's one of them, yes -- (Simultaneous crosstalk.) THE COURT REPORTER: I can only get one at a time. MR. KLATZKOW: But there's another one that requires a diversity of housing that's a different section, and I'll pull it up. MR. YOVANOVICH: And I'll show that to you. And I'll show that to you, because I have it. I had it two seconds ago. Bear with me. Offer a range of housing types and price levels to accommodate diverse ages and incomes. We are different -- we are offering a diversity of housing types and different price levels, which means different income levels. That's what your code says, those two provisions. It does not say provide affordable housing. That's the language, and we think we meet it. COMMISSIONER FRY: I'm satisfied with your answer. MR. YOVANOVICH: Thank you. COMMISSIONER FRY: Go ahead, Joe. COMMISSIONER SCHMITT: Well, since we're talking about housing and price points, I'm going to ask Cormac to come up, because I want to ask staff questions on price points. And -- MR. GIBLIN: Good afternoon. Cormac Giblin, housing development manager, for the record. COMMISSIONER SCHMITT: Good afternoon, Cormac. And just for the record, I was a member. I resigned, but I served on the Affordable Housing Committee. _ I'm very familiar with the affordable housing need in Collier County. I don't argue the fact that there's a need. Cormac, the price points that are shown here that was provided -- that were -- that were provided by the applicant, are those price points within the affordable housing range gap? And I'll go from gap to moderate and even what I would call essential services. MR. GIBLIN: You're speaking about the price points that are in the economic analysis? COMMISSIONER SCHMITT: The -- Mr. Yovanovich pointed out from the 2 -- 280s on up to 400s for price points for homes, which seemed to fall right in the category of moderate, gap, and above. MR. GIBLIN: The maximum price for a home at the gap range is $330,000, the maximum price for a home at the moderate income range is $275,000, and the maximum price of a home in the low range is $150,000. COMMISSIONER SCHMITT: That's to qualify not counting down payment or anything else? I mean, that's just to qualify -- MR. GIBLIN: Sales price; including sales price, down payment, interest rates, everything as of today. COMMISSIONER SCHMITT: Here's my problem. You took the liberty to put the requirement in the staff report. Under what basis? MR. GIBLIN: Under the section of the LDC that was just put on the visualizer by the applicant that says that the villages shall offer a range of housing types and price range -- price levels to accommodate diverse ages and incomes. We saw nothing in the SRA document in itself that talks about ages or incomes. Now, in their economic analysis, they talk about some proposed price levels, but those are not -- those are what their market study tells them they will sell them for today or when they get Page 85 of 90 February 20, 2020 built. It's not what -- there are no teeth in any of those price levels that are in the economic analysis. COMMISSIONER SCHMITT: Does the code require -- MR. GIBLIN: They're not enforceable or measurable. Nothing in the SRA right now is measurable or enforceable in terms of a diversity of ages and incomes. COMMISSIONER SCHMITT: Okay. But is there a criteria in the code that requires that? MR. GIBLIN: LDC Section 4.08.j.3.a.iv [sic]. COMMISSIONER SCHMITT: Is there criteria listed? MR. GIBLIN: It says a range of ages and incomes. COMMISSIONER SCHMITT: Okay. MR. GIBLIN: My staff report -- COMMISSIONER SCHMITT: You've taken that statement and created your own code to enforce. MR. GIBLIN: No, sir. My staff report actually begins by putting the burden on the applicant saying you have given us nothing here to measure. Do a study. Tell us how you plan on meeting this section of the code. If you fail to do that study, here are some suggestions. That's what my staff report says. COMMISSIONER SCHMITT: Was that required? MR. GIBLIN: They are required to meet the code. COMMISSIONER SCHMITT: Okay. And then you state that -- then you suggested that they shall contribute -- MR. GIBLIN: Again -- COMMISSIONER SCHMITT: -- to the Affordable Housing Trust Fund, or whatever you called it. I can't remember what you -- MR. GIBLIN: Those are staff suggestions if they decide not to undertake a study to show us how they intend to meet that section of the LDC. COMMISSIONER SCHMITT: Again, I'm going to ask for the fourth time, you just cited the statement, but I totally disagree with these statements being in the staff report because, to me, they're -- it comes across as an exaction. If the Board wants to make this decision, I leave that up to the Board. But from a Planning Commission standpoint, I need codified code statements with definable criteria in order to support that, and right now I don't support these statements because there's nothing in the code that requires it other than the statement of diversified housing and an affordable standpoint. But somehow you took that and created what I believe is a requirement that does not exist in the code. I leave that up to the Board. If the Board wants to do that, that's a separate decision. The Board can take all of the liberties they have. But I don't see anything in the code that supports the Planning Commission to require that as far as it being in the final ordinance. MR. GIBLIN: Staff s position was that there's nothing in the SRA document that provides us anything measurable or enforceable that they will meet Section 4.08.j.3.a.iv in regards to offering a range of housing for a different ages and incomes. MR. YOVANOVICH: Can I ask him a question? Because this is fascinating to me. CHAIRWOMAN HOMIAK: Just a second. MR. YOVANOVICH: When do I get to cross? CHAIRWOMAN HOMIAK: We're going to lose our quorum at 4:00 because Karl has to leave, so... COMMISSIONER FRY: Madam Chair, I recommend that we allow members of the public who might have been sitting here all day want to speak, to let them speak now, and then this be continued. Page 86 of 90 February 20, 2020 MR. EASTMAN: Yes. CHAIRWOMAN HOMIAK: Well, we have no choice. We've got seven minutes. COMMISSIONER FRYER: Well, we could get three speakers in. COMMISSIONER FRY: Do we know how many speakers there are? MR. FINN: There are three. COMMISSIONER FRY: I'll stay for three speakers, if you would initiate that -- if you're willing to initiate that now. CHAIRWOMAN HOMIAK: Okay. MR. FINN: First speaker is Hannes Raudner. MR. RAUDNER: Good afternoon. My name is Hannes Raudner, living at 3850 37th Avenue Northeast in Golden Gate Estates. We are a neighbor. So this shows the location of our home, and this is what we see when we look out now over the canal towards the proposed development. And I'm coming here to speak on behalf of the neighbors on the Golden Gate side. Most people are working. They're busy. They didn't have time to come. We are very concerned. We know this development is going to happen. We are not opposing it, but we're having a concern. Our main concern is noise, and our main concern is how is it going to look from our side. We understand you're happy with the development. I'm a retired architect, so I do understand a little bit of this. It's a very nice layout, very nice design, but there's also -- we've always been talking about village. There was a deviation applied for or revised on 11/25 of last year. And here we have -- this fits also into the variations and diversity. Section 4.8.7.j.3.iv [sic] requires that the neighborhood edge design standards in a village to be the same as those required in a town for a neighborhood edge context zone. Therefore, the following deviations are requested from Section 4.8.7.j.2.d.ii, a through i, on the basis of such standards to apply to the neighborhood village -- edge village. So, basically, what it's saying here, that normal side backs [sic] for a village of 10 feet, but we're asking for five to zero. We also see normally there's a back setback for a village will be 20 feet, but here requested 10 feet. So the characteristic of this so-called village is not a village characteristic. It is a township. The houses are much closer together. They're allowed to be two stories. And now I'm looking from our side, what we are going to see. Hundred houses pretty much the same all from behind. You know how these relative not -so -expensive buildings look from behind. They're most likely to have a siding, they have a deck, they have a wooden staircase going up there, et cetera. It's not anywhere comparable what we're seeing now. So we're affected by this development. We don't want to stop it, but we also don't want to suffer too much. So we are humbly requesting at this point that we have a sound wall, that this -- the construction is supposed to go for 10 years. So let's say I live another 20 years. I'm 75. Half of my life I'm going to live now with construction noise? With beep, beep, beep, beep, beep, beep all daylong? So --and that's just me as one person. There area lot of people who are living there going behind houses, houses. They all will be exposed to this noise. We need a sound wall, and we need vegetation. The opaque landscape barrier plant now is of no use. I saw the plan. Every plant has a plan now. It's very transparent. We would like to see a strong vegetation along this side. Not as much as that, I understand. This is just wild nature; beautiful --but more than that so that our way of life, our quality of life doesn't suffer that much. This is our request as far as this east boundary line goes for this development. We would like to have a sound wall. There's a berm plant. It's a permlet [sic]. It's about that high. That Page 87 of 90 February 20, 2020 does do no good except for irrigation control. We would like to have a berm that's four feet high plus a wall and vegetation, and we are humbly requesting that this become a condition of this permission. COMMISSIONER SCHMITT: Sir, the picture that you show, is your property the -- the phone went out. Is your property the side with the fence or -- MS. RAUDNER: Yes. Sorry. COMMISSIONER SCHMITT: Okay. You understand there's a 15-foot buffer that's going to be along that canal? There's a -- okay. There will be a 15-foot buffer along that canal, Type B buffer. MR. RAUDNER: Yes, I understand that. COMMISSIONER SCHMITT: And I think from the standpoint of the people who are going to have homes on the other side, you have a quality of life and access and to "enjoy," I guess I would use the word, the views of the water. Likewise, the folks who are going to be on the other side with homes will want that same view as well. They -- I -- it's residential to residential. There's no requirement for a berm or a wall between two residential units. There's no requirement at all unless -- unless we mandate it, but there's -- it's a 15-foot buffer between the two developments. MR. RAUDNER: So -- may I? COMMISSIONER SCHMITT: Yes. MR. RAUDNER: Our home is 180 feet away from the rear setback on the other side. That's very close. COMMISSIONER FRYER: Madam Chair, we've got eight more minutes to hear from people. This speaker's spoken. CHAIRWOMAN HOMIAK: Are you almost finished? MR. RAUDNER: Okay. I finish -- COMMISSIONER FRYER: Thank you. MR. RAUDNER: -- my remarks. Thank you. CHAIRWOMAN HOMIAK: The next speaker. MR. FINN: Next speaker is Angel Raudner. MS. RAUDNER: That's me, and I'm his wife. Can I yield my time to Hannes, since he'll be more eloquently than I; is that good? If not, I'll get up and do my thing. CHAIRWOMAN HOMIAK: Sure. MR. RAUDNER: The only point I would add to it is that our land extends to the other side of the canal plus 15 feet. And if you say for -- let these other people enjoy the canal also, my heart says yes, but we are paying taxes. We're paying taxes for this land over there. Fifteen feet from the edge of the canal up to the boundary line is our land on the other side. COMMISSIONER FRY: You own the canal? MS. RAUDNER: Yes. MR. RAUDNER: No, there's a -- no, no. COMMISSIONER FRY: Right-of-way. MR. RAUDNER: You own the -- COMMISSIONER FRY: But you're paying? MR. RAUDNER: We are paying taxes from our side all the way across the canal plus 15 feet. So what you see hatched, that is the canal -- sorry. That is the land which still belongs to us and we are paying taxes on on the other side of the canal. So if I would be the developer -- I was an architecture. I was on the other side many times -- I would go bulldoze that all over with lawn on it and offer it to my residents, and your backyard actually optically goes all the way to the canal. Enjoy. And we see the umbrellas showing up on the other side, and we keep paying the taxes for Page 88 of 90 February 20, 2020 it. Something does not feel right. Either we don't pay taxes and our land ends at the middle of the canal and their land starts there, fine. But now we pay taxes. It's our land. It's taken away for the waste -- or for the water management, and then it becomes integrated into this for -profit development. How does this all fit together? I'm asking you. You're the experts. COMMISSIONER FRYER: Thank you. CHAIRWOMAN HOMIAK: Okay. Well, we can't answer. Thank you. MR. FINN: The last speaker's Lisa Koehler. MS. KOEHLER: Hi. Good afternoon, Lisa Koehler. CHAIRWOMAN HOMIAK: Were you sworn in? MS. KOEHLER: I'm sorry? CHAIRWOMAN HOMIAK: Were you sworn in? MS. KOEHLER: No. (The speaker was duly sworn and indicated in the affirmative.) MS. KOEHLER: Lisa Koehler, Big Cypress Basin of South Florida Water Management District. I had registered to speak earlier because I thought we had a problem with one of the items in the DCA. But talking with Rich at the break, I think it's all figured out, and we're going to continue working through that, so I'm good. CHAIRWOMAN HOMIAK: Oh. Okay. COMMISSIONER FRYER: Thank you. CHAIRWOMAN HOMIAK: Thank you. So we're going to have to continue this. COMMISSIONER FRY: I've got to go. Do you need a motion? MR. KLATZKOW: This will be for the next meeting you're continuing it to? CHAIRWOMAN HOMIAK: Till the next meeting. MR. KLATZKOW: And, Ray, what day is that? MR. BELLOWS: That would be March 5th. COMMISSIONER SCHMITT: I mean, for the record, as I stated, I will not be here for the next meeting but,,again, for the record, I just want to make it clear that I support this proposal. I think it meets all the criteria as established in the RLSA. I do not agree with the statements from affordable housing. I don't believe there's anything in the code that requires it. I believe that if the -- if the Board of County Commissioners want to make that proposal, that's up to them. That's a policy issue, but -- MR. KLATZKOW: And, Ray, you'll note for the executive summary Commissioner Schmitt's notice. MR. BELLOWS: Yes. We will -- COMMISSIONER SCHMITT: The only other question I have is I disagree with staff on signs. I don't see any problems with the signs. I believe the signs are appropriate. They would only be up during the sales period. MR. BELLOWS: And we will follow up with the applicant on the signage to make sure we understand. It might have been some differences on how we define lifestyle signs, and maybe, if we can talk about it a little bit more, we can come to a consensus on that prior to the next meeting. But we will incorporate all of Joe's comments in the executive summary. CHAIRWOMAN HOMIAK: And did the language for the transit stop and all that go through the County Attorney and the Transportation Department, or was that just added? That's something you just put up today. MR. MULHERE: Our recommendation. CHAIRWOMAN HOMIAK: Okay. So you'll get with them. Okay. And there's a motion to continue to March -- Page 89 of 90 February 20, 2020 COMMISSIONER FRY: So moved. COMMISSIONER FRYER: Second. CHAIRWOMAN HOMIAK: All in favor, signify by saying aye. COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRWOMAN HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. CHAIRWOMAN HOMIAK: Opposed, like sign. (No response.) CHAIRWOMAN HOMIAK: The meeting's adjourned. COMMISSIONER FRYER: I suggest the absence of a quorum. CHAIRMAN STRAIN: Okay. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:07 p.m. COLLIER COUNTY PLANNING COMMISSION FA@e. IreNM ALM.. These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 90 of 90 March 5, 2020 TRANSCRIPT OF THE MEETING OF THE -- COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 5, 2020 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Mark Strain, Chairman Karen Homiak, Vice Chair Edwin Fryer Patrick Dearborn Karl Fry Stan Chrzanowski ABSENT: Joe Schmitt Tom Eastman, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Tim Finn, Principal Planner Jeffrey Klatzkow, County Attorney Heidi Ashton-Cicko, Managing Assistant County Attorney Page 1 of 104 March 5, 2020 PROCEEDINGS CHAIRMAN STRAIN: Okay. Ladies and gentlemen, if everybody will take their seats. This is -- welcome to the March 5th meeting of the Collier County Planning Commission. And now that you've sat down, could you please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Will the secretary please do the roll call. COMMISSIONER FRYER: Mr. Eastman? (No response.) COMMISSIONER FRYER: Mr. Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER FRYER: Mr. Fry? COMMISSIONER FRY: Here. COMMISSIONER FRYER: I'm here. Chairman Strain? CHAIRMAN STRAIN: Here. COMMISSIONER FRYER: Vice Chair Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER FRYER: Mr. Schmitt? (No response.) COMMISSIONER FRYER: Mr. Dearborn? COMMISSIONER DEARBORN: Present. COMMISSIONER FRYER: We have a quorum of six. CHAIRMAN STRAIN: Okay. Mr. Schmitt notified us last time he couldn't be here, so he has an excused absence. Addenda to the agenda. Just so -- for the benefit of the public, we have a long agenda today. We have six items. The first one is going to be a -- one that was continued. They're always first up, and that will be Hyde Park Village Stewardship Receiving Area. I don't know how long that will take. But right after that is two items that will be discussed together, but they're companion items. A GMP change for the -- it's called the Oakes Boulevard. It's on Oakes Boulevard and Autumn Oaks Lane. I think it's called the senior -- COMMISSIONER FRY: Naples Senior Center. CHAIRMAN STRAIN: Naples Senior Center. And then we have a PUD for that same location. So those will be after Hyde Park. And then this afternoon -- then probably by this afternoon, hopefully we'll get into the Ventana Pointe, which is, again, two companion items. One is a GMP change, and one is a PUD, and then the last thing is the 7-Foodmart Commercial Planned Unit Development. So that's the order we'll be hearing them today. I can't tell you how fast we'll get through each one, but we will move as rapidly as the testimony allows. So with that, we'll move to Planning Commission absences. Our next meeting is 3/19. Does anybody know if they're not going to make it? (No response.) CHAIRMAN STRAIN: Okay. And then approval of the minutes. We were electronically sent the February 20th minutes. Does anybody know if they're not going -- anybody have any questions or corrections to those minutes? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion for approval? COMMISSIONER DEARBORN: So moved. COMMISSIONER FRYER: Second. Page 2 of 104 CHAIRMAN STRAIN: Made by Pat. COMMISSIONER CHRZANOWSKI: COMMISSIONER FRY: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. March 5, 2020 Seconded by Ned. All in favor? Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. BCC report and recaps, Ray? MR. BELLOWS: Yes. On February 25th the Board of County Commissioners heard the CASE PUD. That was on the regular agenda, and that was approved 5-0. CHAIRMAN STRAIN: Okay, thank you. Chairman's report. One thing I want to mention to all of you, and for many, many years -- in fact, I've been here 19 years, and I think all those years, Judy Puig has been helping the Planning Commission. She moved to another assignment elsewhere in the county. So we certainly are going to miss her, and I want to thank her publicly for all of her efforts. That was one lady who fretted over every single page of every packet and made sure they're as perfect as they could before us. We've benefited highly from her, so... MR. BELLOWS: I concur. We in the Zoning section tremendous -- appreciated her efforts tremendously. CHAIRMAN STRAIN: Well -- and I know you've got Diane Lynch, I believe it is. MR. BELLOWS: Yes. CHAIRMAN STRAIN: I don't know if she's temporary or permanent, but she's doing fine, and I think that whoever you put there will make it work. MR. BELLOWS: We'll recruit her. CHAIRMAN STRAIN: And we'll make it work. But I just want to thank Judy. She did such a good job for so many years. ***And we have nothing on the consent agenda, and that will take us into our first advertised public hearing, and this is a continuation for the Hyde Park Village Stewardship Receiving Area. It's PL20180000622. All those wishing to testify on the Hyde Park Stewardship Receiving Area, please rise to be sworn in by the court reporter. This is not the Naples Senior Center, so... (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: Okay. Disclosures. We'll start with Stan. By the way, I forgot, Tom Eastman did say he had another conflict today, so he couldn't make it as well for an excused absence. Go ahead. COMMISSIONER CHRZANOWSKI: Yeah. I spoke to Mr. Yovanovich, and only emails in the public record. CHAIRMAN STRAIN: Karl. COMMISSIONER FRY: I don't believe I have any new disclosures since the last meeting. CHAIRMAN STRAIN: Well -- COMMISSIONER FRY: I have spoken with Mr. Yovanovich and other items that are in the public record. CHAIRMAN STRAIN: Okay. Ned? Page 3 of 104 March 5, 2020 COMMISSIONER FRYER: Materials in the public record, meetings with Mr. Yovanovich and with staff. CHAIRMAN STRAIN: And I have had all the materials and public record. Staff and I may have talked about it while I was still in my other office. I can't remember if we have or not. And I know I did speak to the applicant and maybe Mr. Yovanovich, the applicant early on, a long time ago. I don't even remember what topics we discussed at the time other than that was the SRA, so -- and that's all I can think of now. Go ahead, Karen. COMMISSIONER HOMIAK: Same as last time; I spoke to Mr. Yovanovich and emails. CHAIRMAN STRAIN: Patrick? COMMISSIONER DEARBORN: Same, email correspondence. CHAIRMAN STRAIN: Okay. And the way we're going to start this out -- I don't know if the applicant wrapped up everything they wanted to present or if they have some more information they want to, then we'll go to questions from the Planning Commission -- well, we'll go to the staff report, then questions to the -- questions of the Planning Commission, and then right to public hearing. MR. YOVANOVICH: I do think we left off with staff, and I think staff was close to being done, but I'm not 100 percent sure, and we had had some public comment. We took some stuff out of the order. So it's the pleasure of the Planning Commission how you wish to proceed. CHAIRMAN STRAIN: Well, unless someone on the Planning Commission has an objection, I'll just proceed as normal. If something's already been covered, we don't need to cover it twice. We'll just go into --but I wanted to give you an opportunity. Is there anything you wanted to add since the last time you presented? MR. YOVANOVICH: No. We had completed our presentation. And I think you -- I don't know if you had finished your questions with us, but -- CHAIRMAN STRAIN: I haven't. MR. YOVANOVICH: I know you haven't. But I don't know about the rest of your colleagues. CHAIRMAN STRAIN: I know. We'll get to them as soon as I -- and, Tim did you provide your staff report last time? MR. FINN: No, not last time. For the record -- CHAIRMAN STRAIN: Well, we'll -- that's okay, because what we'll do is we'll go back to questions of applicant -- MR. FINK: Okay. CHAIRMAN STRAIN: -- and then resume our normal course of procedure. MR. FINN: All right. CHAIRMAN STRAIN: Okay. So with that, from last time, even to today, does anybody on the Planning Commission have any questions of the applicant at this time? COMMISSIONER FRY: Yes. CHAIRMAN STRAIN: Go ahead, Karl. COMMISSIONER FRY: Sorry to make you stand up, Rich. MR. YOVANOVICH: I need to get my squats in. COMMISSIONER FRY: So we have -- in front of us we have a new exhibit today, and I think it's clarification of the canal, the Faka Union Canal, which is between Hyde Park and the residents to the west, the Estates neighbors. MR. YOVANOVICH: I don't know what you're looking at. COMMISSIONER FRY: What do we do in this situation, Mark? Do we -- CHAIRMAN STRAIN: Give him a copy for the overhead. Tim's got one right there. Page 4 of 104 March 5, 2020 COMMISSIONER FRY: Tim's got one? The TVs don't appear to be on. CHAIRMAN STRAIN: Well, do you have any other questions we can go to while they figure out how to make the electronics work? COMMISSIONER FRY: No. I'm looking for a clarification of the canal according to the resident -- the canal, oh, here we go. CHAIRMAN STRAIN: There we go. COMMISSIONER FRY: So, Rich, looking for clarification, and also I guess from staff in terms of the canal is, I'm sure, a drainage right-of-way, Collier County, an easement, the homeowners paying taxes on land, including the entire canal plus some on the other bank of the canal. Rich, clarify what the buffering is between Hyde Park and the residents to the east and how we typically handle this type of situation with a canal intervening between two properties. MR. YOVANOVICH: Let me -- I'm getting coached. I need a second. Thank you. One thing I want to make sure we're clear on the record is, first of all, the canal's about 100 feet wide, which is correct. As part of our commitments for this project, we are providing the county what they currently don't have which is an access easement to actually maintain the canal. Otherwise, they would be using the neighborhood to maintain the canal or would have great difficulty in maintaining the canal. So we are providing them with a 20-foot-wide easement on our side of the property. On our side of the property, we're going to have a 65-foot-wide buffer with a 15-foot Type B planting buffer along -- along our property line as well. So there is a -- there is a participation by this developer in seeing that the drainage in the whole regional area is -- has the opportunity to be properly maintained for the benefit of the community. So we are active participants in assisting in that canal being a functioning canal. We're not just sitting idly by not participating in the canal. Just like the neighbors to the west have an easement on their property, we will have an easement on our property. Now, as far as taxes and how the Property Appraiser factors in that a portion of their -- a person's property is encumbered by an easement, I don't know but I would assume there would be a reduction in the value of the land because that property is encumbered by an easement as well. COMMISSIONER FRY: Okay. In the last meeting there was some discussion that the residents of Hyde Park also -- I don't remember who made this comment, but also would like to be able to see the canal and enjoy the water view. But you've mentioned a Type B buffer, which I assume would restrict the -- as I understand, a Type B buffer, it's 90 percent opaque within one year. MR. YOVANOVICH: It's 80 percent opaque. COMMISSIONER FRY: Eighty percent opaque within one year. So what would the views be like for both the residents of Hyde Park of the canal and also the Oakes -- not Oakes. I'm sorry. Naples Senior Center on my mind -- the Golden Gate Estates residents on the west side of the canal, what will they each see of each other, I guess, of the canal. MR. YOVANOVICH: Of the canal. COMMISSIONER FRY: Yeah. MR. YOVANOVICH: Well, the opacity of 80 percent is at a six-foot height, so most people will not be able to see through that buffer when they're standing up. So I think that there's going to be a buffer both for the residents looking across and a buffer from us looking across due to the opacity of that landscape buffer. Now, if you're on a second floor, obviously, looking out a second -floor window, you're going to be able to see over that hedge. But if you're standing on the ground, there's very few people I know that are going to be tall enough to see over that hedge. Page 5 of 104 March 5, 2020 COMMISSIONER FRY: Okay. Have there been any discussions with those residents in terms of buffering and the border between the two developments? MR. YOVANOVICH: There's been some discussions with some of the residents about the buffering, and we've explained the buffer that's going to be there as part of our petition. And we are confident that that is a more -than -adequate buffer between the two uses. COMMISSIONER FRY: Thank you. CHAIRMAN STRAIN: Okay. Ned. COMMISSIONER FRYER: I had a good conversation with Mr. Yovanovich yesterday in which, among other things, we spoke about a possible solution to an issue that I have or at least, perhaps, a basis for a conversation and, if not here, then maybe at the Board of County Commissioners' level. But from my perspective, in a development like this, the concept of diversity is very important. And to me, that means making special provisions available for what I would call essential services personnel rather broadly drafted, rather broadly defined. And I understand the concerns that have been expressed over single-family dwelling fee -simple units being encumbered for 30 years. I understand and appreciate that. And so I had suggested yesterday, perhaps, following the Rivergrass model on single-family fee -simple units, that there be a fund established to help out essential services personnel with their down payments. Also, in view of the fact that there will be, undoubtedly -- or probably rental units in the multifamily areas, it seemed to me that that would be an area where there could be a more traditional form of assistance given to essential service personnel in the form of a rent reduction. So that was the conversation that we had. I've been trying to think a little bit out of the box. I understand the constraints that are on the shoulders of the developer because two bites will betaken at the apple, and this is just the first one. The Board of County Commissioners will also weigh in, and I understand the position that that puts the developer in. But I would be remiss if I hadn't expressed my own concerns over a need for diverse housing for the benefit of essential services personnel. And, Chairman, I have some other issues, but that's the most significant one, and I'm going to, if I may, reserve the others after the public speaks. CHAIRMAN STRAIN: Okay. Anybody else have any questions of the applicant? (No response.) CHAIRMAN STRAIN: I'm trying to sort out my questions between the applicant and staff, because I have quite a few of staff. But my assumption is last time you went over your deviations. MR. YOVANOVICH: We did. CHAIRMAN STRAIN: And was that you or Bob that did that? MR. YOVANOVICH: Mr. Mulhere. CHAIRMAN STRAIN: Can I ask Bob a question? MR. YOVANOVICH: Of course. CHAIRMAN STRAIN: Thank you. MR. MULHERE: Hi. CHAIRMAN STRAIN: Good morning, Bob. MR. MULHERE: Bob Mulhere, for the record. I guess I should state that. CHAIRMAN STRAIN: I'm not going to get into the details of each deviation. You've already gone over those, I understand. MR. MULHERE: Yep. CHAIRMAN STRAIN: Out of the deviations that you have, how many of them are identical to the deviations that -- if they were provided to Ave Maria? I'm -- Ave Maria's the only Page 6 of 104 March 5, 2020 other SRA in which -- well, we had two other -- we had another SRA, but that particular one was a precedent -setting SRA, and I was wondering if you have any other -- have you compared your requested deviations to Ave Maria's? MR. MULHERE: I did not. I did not. MR. YOVANOVICH: Mr. Strain, when Ave Maria went through, there was not a requirement to identify deviations. So I don't know -- there's no easy way then to review the entirety of the Ave Maria SRA to figure out what the requirements were at the time versus what was approved. It was before we started the separate identification of deviations. If you recall, that was -- it's not a recent thing, but it did happen later on in the process. So we don't know. CHAIRMAN STRAIN: I was just trying to provide the benefit of the doubt to your arguments in regards to establishing precedents for deviations. That's something I try not to do, and I was hoping that you would have done an analysis to tell me which ones may have been utilized already. MR. MULHERE: I did not do that. They are -- if not the same, certainly similar to those that were in the Rivergrass Village SRA, which was approved. CHAIRMAN STRAIN: Which -- yeah, that wasn't approved by this board, though. The recommendations that are provided by staff -- and the document I'm starting with is the -- well, it's the SRA, Al, which is that -- that is the SRA document. There are 12 of them. Are you objecting to any of those? MR. MULHERE: Well, there are a couple that we believe are, yeah, not necessary, so I guess we are objecting. CHAIRMAN STRAIN: Can you tell me which ones? MR. MULHERE: Sure. Condition No. 2, per environmental staff, update master plans to show the LSPA areas. That was already resolved. I mentioned this at least five times to staff prior to this hearing, and prior to the last hearing, that we discussed this with the environmental staff, and they are fine with us identifying those areas at the time of the first plat or SDP. CHAIRMAN STRAIN: I'll just ask them to verify that. MR. MULHERE: Yep. Per Collier County Sheriffs Office, at buildout there will be a need for a police substation such as the substation built near the intersection of CR846 and 39th Avenue. I'm not sure why that's a condition. They did not ask us to provide a substation. They simply said one will be necessary, basically, to support growth in the entire area. We pay impact fees, and that shouldn't be a condition. They didn't ask for one. CHAIRMAN STRAIN: Right. And what I'll do, Bob, is every one of these you're in conflict with, I'll ask staff to explain their position whatever it's -- whatever department that's here to do that. MR. MULHERE: Okay. Condition No. 5, per North Collier Fire Control and Rescue District, at SDP or platting, the project will be evaluated for compliance with Florida fire per [sic] engine code regarding department access roads and water supply. Well, we understand that. That's already a requirement in keeping with this board's policy and others. There's no reason to restate something. It's redundant. There. Hopefully that comes up now. There we go. Let me see. So then the last, I believe, three that we have disagreement with are Staff Conditions 10, 11, and 12, all of which deal with recommendations by housing staff relative to affordable housing. CHAIRMAN STRAIN: Okay, thank you. That saves us time on that part of this. COMMISSIONER FRYER: Chairman? CHAIRMAN STRAIN: Go ahead. Yeah, go ahead, sir. COMMISSIONER FRYER: On No. 1, has that been resolved? I think it was -- I think Page 7 of 104 March 5, 2020 both staff and the applicant agreed that No. 1 was resolved at the last meeting. Is that the case? MR. YOVANOVICH: Number 1? Yeah, we agreed to the approval -- the requirement that the DCA be approved as part of the SRA. That was never a disagreement. COMMISSIONER FRYER: Okay. So there's no disagreement over No. 1? MR. YOVANOVICH: Correct. COMMISSIONER FRYER: Okay. CHAIRMAN STRAIN: Okay. In -- and I've got a series of numbers here. I'm not sure which -- it's -- I can't even go by pages. There's a 603-page document, and in there the environmental section had said they support this petition subject to the following condition of approval, and it wasn't one that I just necessarily ran by. Prior to the issuance of the first SDP or PPL, a listed species management plan must be provided for review with approval from FWCC and/or USFWS for management of the Florida panther, parenthetical, puma concolor coryi -- I guess that's the panther's name -- and all other listed species. Do you have any objection? MR. YOVANOVICH: No, we agreed to that, Mr. Strain. I mean, I can -- we only identified the ones we disagreed with. CHAIRMAN STRAIN: That's fine. I just want to make sure. Some of these are out of context -- MR. YOVANOVICH: I understand. CHAIRMAN STRAIN: -- so they're scattered throughout the document. MR. YOVANOVICH: Understood. CHAIRMAN STRAIN: I have concerns over the affordable housing, but Cormac Giblin had emailed me to meet, and I told him I'm not meeting with people. So he is here today. I've asked him to come to explain his position. We'll hear that firsthand. MR. YOVANOVICH: I think he was the last one up last time, so... CHAIRMAN STRAIN: Yeah. And I wasn't here. And I don't know if the Board, then, would rather not hear it, but I -- MR. YOVANOVICH: No, I just wanted to -- I'm sure he's ready. CHAIRMAN STRAIN: I'm just moving through. I'm eliminating all the ones I know you guys probably went over. MR. YOVANOVICH: Okay. CHAIRMAN STRAIN: The neighborhood recreational areas that you have in your SRA, did you -- I didn't see those specifically located on the master plan. Are they? MR. YOVANOVICH: Are you talking about the amenity area or the smaller areas? CHAIRMAN STRAIN: 5.1.1.A. It's under the section "neighborhood general context zone." MR.MULHERE: Mr. Chairman, we did not identify. We don't know the locations of those yet, typical to any fairly large development area, but we did limit the size. CHAIRMAN STRAIN: Limit the size. In the area, though, is -- could you put your master plan up. MR. MULHERE: Sure. CHAIRMAN STRAIN: There you go. So what area of this master plan would that neighborhood recreation area be limited to? MR. MULHERE: So it could be, for example, in a number of different locations, and I'll show you. CHAIRMAN STRAIN: Like anywhere on the map? MR. MULHERE: No. Well, I doubt that, but let me just -- yeah, okay. So, you know, we are -- we are providing for a minimum number of multifamily in the village center, so there could be a recreation area there or somewhere there. There could be one here for what likely may Page 8 of 104 March 5, 2020 be a multifamily product. It wouldn't be very big. It might be just a small pool with, you know, a cabana area for a particular neighborhood. I don't know that you'd see any anymore. But as this project develops, let's just assume that maybe there is a demand in one neighborhood or another. You know, maybe there's something here. That's why we did limit the size. CHAIRMAN STRAIN: So you don't have any -- so it could go in neighbor -- it could go in the neighboring -- neighborhood edge. It could go in the neighborhood general, or it could go in the village center. MR. MULHERE: Correct. Yes. We'd have to show it at the time of plat, though. CHAIRMAN STRAIN: Okay. When we get to your Development Standards Table, then my concern is if you put it up against residential, what kind of buffers and walls and provisions are we going to have? Because we asked this -- I've asked this question every single time it's come through, so -- MR. YOVANOVICH: Just to ask for clarification, internally or externally? CHAIRMAN STRAIN: Internally as well as externally. The more you would put that to the west side of this property, the more that's going to be disturbing neighborhoods outside the project. MR. YOVANOVICH: Right. CHAIRMAN STRAIN: And I'm trying to make sure that you centralize it. You keep it for your community. And then if you're going to put it in the neighborhood area, neighborhood edge, then at least you've provided some buffers and walls to protect the neighbors around it. MR. YOVANOVICH: Okay. I understand. CHAIRMAN STRAIN: Which takes us to the neighborhood general development design standards. And I notice there you have a column for the neighborhood recreational areas and pools. It might be a good column to annotate with a footnote or something to indicate the things I just asked about, if you're willing to do that. Under your multifamily, you have zero lot line and townhouse. You're looking at a 20-foot-wide unit for a zero lot line. So that means it's only -- because you've got five and five. Five and -- is it, yeah, five and -- five and zero. So you're looking at a 15-foot-wide unit; is that what your intention is if it's a townhouse, or a zero lot line? MR. MULHERE: No, 20-foot-wide unit. CHAIRMAN STRAIN: Lot width is 20-foot-wide per unit. MR. MULHERE: Right. CHAIRMAN STRAIN: So if you have a lot at 20 feet, you've got to have setbacks on that lot and the sides, right? MR. MULHERE: Well, if they're -- I guess I'm saying if they're attached units, there would be -- CHAIRMAN STRAIN: Zero lot line. Let's talk about the zero lot -- because it's under the column zero lot line or townhouse. MR. MULHERE: Let me just get to that in the SRA document so I can -- CHAIRMAN STRAIN: Okay. MR. MULHERE: Okay. I'm there now. The minimum lot width is 20 feet per unit, and then -- CHAIRMAN STRAIN: Right, right. So if the lot is 20 feet, Bob, how do you -- on a zero lot line, how did you do your setback? The setbacks are zero or five feet, but you can't have zero on both sides, right? MR. MULHERE: No, that's correct. You'd have to have five foot on one side and zero -- CHAIRMAN STRAIN: So your unit's width is going to be 15 feet for zero -lot -line Page 9 of 104 March 5, 2020 homes. Is that what you're saying? I mean, that's barely a two -car garage. I mean -- MR. YOVANOVICH: Mr. Strain, I think that's a good catch on your part. We would never have a unit less than 20 feet in width, even with the setbacks. So if we need to modify the footnote, we'll -- we understand your comment. CHAIRMAN STRAIN: Okay. So as long as you understand it, at the end we'll wrap it up with those comments. MR. YOVANOVICH: Right. CHAIRMAN STRAIN: Okay. The minimum side yard for other multifamily, it's 10 feet. Now, those can go up to 50 feet high zoned. So you're looking at a 10-foot setback? That's -- MR. MULHERE: I'm just looking at the height, Mr. Strain. CHAIRMAN STRAIN: Three point five stories, NTE 50 feet with the actual height 60 feet. MR. MULHERE: That matches -- well, I believe that matches the setbacks that are identified in the RLSA. I'm assuming they wanted a compact development. And the height is the same as what's in the RLSA. CHAIRMAN STRAIN: Okay. Well, I mean, if that's what -- I haven't compared it to the RLSA standards on those numbers. I assume this table was going to be prominent, and that's why I asked about it. Under maximum building height zoned, two stories, NTE 42 feet. So that's zoned height, and then you've got 50 feet for actual height. So that means under a single-family house, you could have a 50-foot-high house, 42 feet of it could be zoned. I mean, what are you building that's so cavernous as two stories at 42 feet, just out of curiosity? That's way above our standard. We're looking at usually 35 feet with 42 being the actual. You guys have bumped it up, and I'm just wondering how you're -- what kind of product you're proposing. MR. MULHERE: I'm not sure that we would be -- again, I think we matched what was provided for. I'm not sure that we intend to build something that's that tall. I mean, you could have -- I don't know, you could have fairly high ceilings, at least on the first floor, but I think you're correct. We can -- I'll make a note to discuss that here when we have a break. CHAIRMAN STRAIN: Okay. I'm just trying to get -- MR. MULHERE: You're under single-family detached and attached, really, right? CHAIRMAN STRAIN: Yes. Your single- and two-family product. And your -- well, your zero lot, too. I mean, how are you going to do -- I'm just curious. Why do you need 42 feet for two stories? I mean, that's just --especially, this is a moderate -priced project, if I'm not mistaken. MR. MULHERE: Correct. CHAIRMAN STRAIN: You're certainly not along -the -coast type pricing. MR. MULHERE: I'll speak with the client and see if that number is excessive for what they typically would build. CHAIRMAN STRAIN: Okay. Neighborhood edge context zone. Let's see. You have -- and under that neighborhood general table, 5.12, does it apply to the neighborhood edge context zone -- or the neighborhood edge is the next one. I'm sorry. MR. MULHERE: Yes, correct. CHAIRMAN STRAIN: What I caught there was if you -- and I'm trying to pull this up from memory. If you go to 5.2. LA(2). MR. MULHERE: 5.1.2 or, I'm sorry -- CHAIRMAN STRAIN: 5.2 -- MR. MULHERE: Got it. Page 10 of 104 March 5, 2020 CHAIRMAN STRAIN: -- .1.A, permitted uses and structures, (2), multifamily dwelling units if located within a half mile of village center. MR. MULHERE: Yes. CHAIRMAN STRAIN: Okay. Now, that means it would come under the 5.2.2 table. Where's the multifamily dwelling units there? MR. MULHERE: They're not. They're an allowed use, but the development standards, if you want me to clarify, I'll say the development standards shall be as provided for. I mean, that was the intent. CHAIRMAN STRAIN: Okay. But shall be provided for where? The other table is defined as the table that goes with neighborhood general, not neighborhood edge. So your neighborhood edge table doesn't contain anything for multifamily. That's what I'm trying to figure out. MR. MULHERE: But -- so I'm -- maybe I'm misunderstanding the question. So it refers you to 5.2.2, Table 2. Yeah, I think that's a good catch. That probably is supposed to be 5.2.2.1 -- 5.2.1. CHAIRMAN STRAIN: That's the only -- (Simultaneous crosstalk.) MR. MULHERE: I don't know. That's where multifamily is, so... CHAIRMAN STRAIN: Yeah. MR. MULHERE: Yes. Yes, yes, I see that. CHAIRMAN STRAIN: Okay. So you're going to make that correction? MR. MULHERE: Yes, I made a note. I'm not sure we even need the note. It's under the same section. CHAIRMAN STRAIN: Well, it's under neighborhood edge context zone, and the other section is under neighborhood general development. MR. MULHERE: Yes, 5.2.1. CHAIRMAN STRAIN: Right. MR. MULHERE: Gotcha. Right, thank you. CHAIRMAN STRAIN: Under the 5.2.2, neighborhood edge development and design standards table -- MR. MULHERE: Yes. CHAIRMAN STRAIN: -- your lot width on that one needs to have the same potential clarification that we talked about -- MR. MULHERE: Yes. CHAIRMAN STRAIN: -- in the prior one under zero lot line. MR. MULHERE: Yes, as well as the same thing with the question relative to the height for single-family in both. CHAIRMAN STRAIN: Right. I got that all highlighted, so I figure you'll come back with the same answer on all of them. MR. MULHERE: Right. CHAIRMAN STRAIN: As we move down to village center development standards, under your Table 5.4.2 -- MR. MULHERE: Yes. CHAIRMAN STRAIN: -- it says, on the top heading. Multifamily and ALF group housing only, and under minimum floor area it says 700 square feet per unit. Now, a certain land -use attorney was involved in a project recently that had a concern over that applying or not applying to the ALF units, senior living units. Is that what your intent was? So even your ALF units will be 700 square feet per unit? Page 11 of 104 March 5, 2020 MR. MULHERE: No. CHAIRMAN STRAIN: Okay. Well, you probably need to correct that. MR. MULHERE: We typically add a footnote. I was just looking to see if it was there. But, yes. CHAIRMAN STRAIN: I didn't see it, so... Your front yards are zero or 10 feet. You do know that we look at 12-feet setbacks when it comes to -- from the front yards for the utility easement because your overhangs can't go into the utility easement? MR. MULHERE: We changed it in the other tables. It needs to be changed in this one. Twelve feet. That's what Utilities requested. CHAIRMAN STRAIN: Okay. MR. MULHERE: Ten or 12. The minimum of 10 was what they asked for. Not zero to 10, but 10. CHAIRMAN STRAIN: Right. Well, that's what they asked for is 10 feet, right. But I'm just giving you a heads -up. The County Attorney's Office has previously issued a statement that you can't have the overhang going into that 10 feet either. MR. MULHERE: Yes. CHAIRMAN STRAIN: So long as you're aware of that. Okay. Under development standards on that same table, minimum setback from a nonresidential tract. Then when you get to nonresidential and mixed -used buildings, it's five feet. What does that mean? It's five feet from itself? MR. MULHERE: No, from another tract that's also designated -- CHAIRMAN STRAIN: So any nonresidential tract against a nonresidential tract will still be five feet? MR. MULHERE: They'll have 10 feet, yeah. CHAIRMAN STRAIN: Okay. I'm moving on, Bob. We'll get through this sooner or later. I did notice that you did not use persons per household in your analysis for fiscal neutrality. It's reading persons per unit, so -- is that -- I mean, it's right there in black and white. I'm assuming you know that. MR. MULHERE: In the SRA document? CHAIRMAN STRAIN: Yeah. MR. MULHERE: Tell me where you're looking. CHAIRMAN STRAIN: On Page 256. Page 35 of the financial impact model. MR. MULHERE: Oh, no. That was my question. You're talking about the financial analysis. CHAIRMAN STRAIN: Yes. MR. MULHERE: Yeah, so -- CHAIRMAN STRAIN: I just wanted acknowledgment you're using persons per unit, not persons per household. MR. MULHERE: Correct. CHAIRMAN STRAIN: Okay. And then -- that's it for now, Bob. I'll probably have more, but that's it for now. MR. MULHERE: Yeah. That's okay. Got it. CHAIRMAN STRAIN: Thank you. Anybody else have any questions of the applicant? If not, we'll turn to staff report. Oh, Rich? MR. YOVANOVICH: I wanted to answer your height comment on the single-family. Page 12 of 104 March 5, 2020 CHAIRMAN STRAIN: Yeah. MR. YOVANOVICH: Okay. The Land Development Code doesn't distinguish height in the neighborhood general between single-family and multifamily, so we're fine with, on the single-family table, going to zoned 35, actual 42. CHAIRMAN STRAIN: Okay. That would help clarify for somebody wanting to do the same thing in the future. We don't have a precedent. I'd rather keep it 35. It's worked that way in the county for all the years that I've been here. Okay. Tim, it's all yours. And then I'd like to hear, after we get done with you and our questions of you, Cormac Giblin's here, and I definitely want to listen to his position on the affordable housing. MR. FINN: Okay, okay. For the record, I'm Tim Finn, principal planner. Staff is constrained from recommending approval of this Petition SRA PL20180000622, Hyde Park Village SRA, to the Planning Commission; however, staff could recommend approval subject to the following conditions of approval outlined in the staff report. CHAIRMAN STRAIN: Okay. So all of the conditions in the staff report that Mr. Yovanovich and I went over, staffs in a position that they're all necessary, and you're still saying basically those are going to be required? MR. FINN: Right, unless other staff says otherwise. CHAIRMAN STRAIN: Okay. Did -- you know, you heard his position where some of them, he thought, had been worked out with staff. Are any of those pertaining to yours, or are they other departments? MR. FINN: Other departments. CHAIRMAN STRAIN: Okay. And I'm trying -- you know, there's so many pages of this stuff anymore. Here it is right here. Okay. So what I'll do is we'll have to see who's here who could represent those departments to explain their position -- MR. FINN: Okay. CHAIRMAN STRAIN: -- against the applicant's position. MR. FINN: Okay. All right. CHAIRMAN STRAIN: Anything else you wanted to add to your staff report? MR. FINN: I would like to talk about deviation -- in the staff report, it's Deviation 15, which is -- in the SRA document it's Deviation 6.6.4 dealing with lifestyle signs. CHAIRMAN STRAIN: Okay. MR. FINN: I don't know whether or not you wanted to go through that now or later on. CHAIRMAN STRAIN: No, we can go through them now. It's your staff report. So if you want to talk about it, this is the best time. MR. FINN: Yeah. Regarding the lifestyle signs, there isn't anything in the LDC that defines lifestyle signs or anything of that sort. The closest sign that we would allow in this regard is real estate signs. So we will -- we will continue to not support this deviation. I would like to know -- we do have a couple of videos of this type of signage that's being questioned through the main drag at Ave Maria and another one on Tree Farm Road outside Compass Landings. I'm not sure if you would like to see these videos, but we do have them on the monitor if you would like to see them. MR. KLATZKOW: Do they have this deviation anywhere else? MR. FINN: Like in Rivergrass or any other -- MR. KLATZKOW: Anywhere else. CHAIRMAN STRAIN: Anywhere else. MR. FINN: No, we don't; no. Page 13 of 104 March 5, 2020 MR. KLATZKOW: All right. I'm very leery about changing the sign code for anybody because there are so many constitutional challenges to it that once you have a preference to one person, all of a sudden your whole sign code now becomes subject to challenge. So that -- it's going to be this office's opinion that -- not to allow the deviation. They can live with the same signs as everybody else. CHAIRMAN STRAIN: Okay. Thank you, Jeff. And, Tim, from the perspective of your staff s review and your review of this, you haven't been here, what, a few years now? MR. FINN: Yeah, about two -and -a -half years. CHAIRMAN STRAIN: Okay. A long time ago deviations started a process. They were exceptions, I think, at one point and now they're deviations. And we've memorialized them a lot of them over the years. Road widths, for example, things like that. When we had this new product out east allowed because of its uniqueness and the way it was supposed to be a new town concept, these standards were set by the property owners out east. They're the ones that participated, put the product together, and then sent it through a public process. So I'm reluctant to add new deviations, because we'll get in the same quagmire we're in within the urban. We give it to one, we keep giving it and giving it and giving it. And that's why I asked for a comparison to Ave Maria, because that was the only -- that was the first precedent -setting town, village, or development that occurred out east. And as a result of that, I wanted to see where we stood on that. At some point, it might be helpful if staff -- I know you guys are swamped, and if I get time, I'll try to do it --to see what Ave Maria has for deviations. There's almost 300 pages in their document, if you recall. It's a rather big document. And it would be nice to know what deviations we approved there, because at that point I feel it's almost -- the other people are entitled to request a similar deviation. So that's what my question was in asking the applicant about a comparison to Ave Maria. And we had -- I had done that with the applicant on Rivergrass. I did that, though, when I was meeting with them when I was in office -- in my other office, and I met with them separately. So I'm not sure -- I can't remember if they produced that document or not. That was 2,000 pages of paper at that one, so -- And, Rich, we'll get back to you after we finish with staff. MR. YOVANOVICH: I just wanted to comment on that topic. CHAIRMAN STRAIN: It's okay. We'll get back to you. Okay. So as far as staff position's goes on all the deviations, I'm just telling you my concern over new deviations. And if there was a way to find out how Ave Maria -- and I was here for that, but, again, that was hundreds of pages as well, and I can't remember how we processed those differences at that time, but it would be worth looking at, so... MR. KLATZKOW: And in echoing your concern, it's always been this office's concern that I've got an LDC which has decades and decades of experience behind it, and if you're going to grant an exception to that LDC, I think there needs to be a palpable reason for it other than an ask, because I keep seeing the same deviations over and over again where staffs recommending them and wondering, well, why do you I have an LDC code on that if staff is just going to say it's not necessary. So either your regulations are necessary and enforceable or, you know, you shouldn't have them. CHAIRMAN STRAIN: I appreciate that, Jeff, because I just -- I am worried about the precedent -setting nature, and we've gone, I think, now, looking back the way it's all gelled out, probably too far in the way we've handled the urban area in that regard. But that's water over the Page 14 of 104 March 5, 2020 dam at this point. MR. KLATZKOW: And, again, I'm not saying that the request is unreasonable. What I'm saying is if you keep granting these requests, then your LDC provision is unreasonable. CHAIRMAN STRAIN: Okay. Anything else, Tim, you wanted to add to the staff report? MR. FINN: Ray, to you. MR. BELLOWS: For the record, Ray Bellows. I was just going to concur with the assessment of the assessment of the County Attorney. It's our staffs opinion that, especially where the sign isn't specifically referenced as a type, it's hard to ask for a deviation from something that's not listed as a sign type. CHAIRMAN STRAIN: You know, though, I guess staff doesn't concern itself with previously -- previous actions that may have been precedent when it looks at a deviation? MR. BELLOWS: Well, all deviations are PUD specific, because there are compatibility issues that differ from site to site, so we don't just say because it's granted in one -- but a case could be made by an applicant that, "hey, you granted it there, what's the problem here" kind of approach. In regard to Ave Maria, it's my understanding that those may not have been legally permitted signs. We have to -- CHAIRMAN STRAIN: Well, I don't know just signs. I'm looking at --there's, what, 19 or 20 deviations here. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: If Ave Maria had some of those same deviations -- I remember they came in with cross -sections of their streets and all that. There was a lot of stuff in the Ave Maria application. If some of those were being requested here, and they were the same basis -- MR. BELLOWS: Yeah. CHAIRMAN STRAIN: -- I'd be hard pressed to say they are not entitled to them. MR. BELLOWS: Yeah. And we're -- we had this discussion a couple of years ago with the Planning Commission where deviations are most commonly referenced or asked for, we will take a look with our LDC amendment team to see if that really should be a change in our code. CHAIRMAN STRAIN: Okay. Well, it's just something to consider when you guys look at it. I'll try to go back and reread Ave Maria and see if there's anything in there I could help you with. MR. BELLOWS: Okay. CHAIRMAN STRAIN: But since it's going to come up more often -- I think there's two or three more of these villages coming through the process, so... MR. BELLOWS: Yes. CHAIRMAN STRAIN: Okay. So are we finished, Tim, with your -- or do you have more you want to -- MR. FINN: Well, with regard to the deviation, are we recommending approval of it, or are we -- CHAIRMAN STRAIN: We'll have to wait till the end. MR. FINN: Okay. All right. CHAIRMAN STRAIN: We're not voting yet. We'll vote on all that together at the end. MR. FINN: All right. Thank you. CHAIRMAN STRAIN: Is that it? MR. FINK: That's it. CHAIRMAN STRAIN: Okay. With that, any questions of Tim before we go to other staff members? (No response.) Page 15 of 104 March 5, 2020 CHAIRMAN STRAIN: Cormac, I appreciate you attending. I didn't know if you had planned to or not. I know you'd tried to meet, and since my efforts around here have changed, I wasn't able to meet, so... MR. GIBLIN: Always a pleasure. For the record, Cormac Giblin, the Housing Operations manager for Collier County. I have three brief slides that I think can help understand the reasoning that went into the staff report on housing affordability. CHAIRMAN STRAIN: Okay. MR. GIBLIN: First -- the first slide has the two standards of review, the two section of code that I use when making my review of an SRA application. The first comes from the Future Land Use Element, and it's Policy 4.7.2., that says that villages are primarily residential communities with a diversity of housing types and mix of uses. That's kind of the first step that the GMP requires. The next one, we go to the LDC. It gives a little bit more detail on that question of what does a diversity of housing types mean. I think we can get a little bit more insight to that by reading the Land Development Code, Section 4.08.07, that says that village design criteria, that villages should offer a range of housing types and price levels to accommodate diverse ages and incomes. Now, that's where we get a little bit more meat on the bones on what are we talking about when we're talking diversity. We're talking about diversity of price levels, ages, and incomes. And let me go to my next slide. And, again, this is taken straight out of my staff report but just to offer a little summary here. The SRA document does not detail how many units are going to be offered at various income levels or price points. They do have an accompanying economic feasibility analysis that does, but none of that carries any weight in terms of the SRA document in terms of enforceable or something that could be monitored. The staff recommendation was that since the application did not address these issues, that a housing needs analysis should be performed to get to the answer of some of these questions. The applicant did not go forward with that study and, instead, all we have left to fall back on is their economic analysis which shows that they are proposing 300 multiunit buildings with a sales value of about $168,000 each, 534 single-family Product A that would sell for 282,000; 598 single-family Product B which would sell for 344,000, and 368 units of their Product C which would be priced at around $373,000. And so while the housing needs analysis itself is not a requirement of code, it would have provided staff with some of the background or insight on how to answer those two questions on does it meet Growth Management Plan policy and does it meet the requirement in the Land Development Code. Now, absent them providing that analysis to us, we have a recommendation. We've gone through their same projected sales prices and numbers, and we have a recommendation that if they were to just commit to do 15 percent of each of the three lowest categories that they say in their economic analysis that they're planning on doing, that would then provide that meat on the bones, provide something that is monitorable and enforceable over the long term to guarantee that these are the price points and units that actually get built. Again, the property may sell. There may be a different developer. Economic climate in Collier County may change. These are just protections based on a point in time and the circumstances that are involved that go behind it. So staff recommendation is that if the developer would commit to a portion, a small portion, 15 percent of the units that they already say they think are going to be in these income Page 16 of 104 March 5, 2020 ranges or price ranges, then that would give enough meat on the bones to move this forward with a recommendation of approval that it does meet those two tests in the Comp Plan and the LDC. CHAIRMAN STRAIN: Okay. It's a good explanation. I have a couple questions. I've noticed that at times -- we have an affordable housing program, and it's incentive -based based on density, I think. We have had projects come in, and they've negotiated on -the -fly changes to the program by adding paragraphs to a PUD -- in this case, PUD -- that provide some kind of -- some kind of affordability for certain people for a certain amount of time under certain conditions. How does that -- how does that work with your Affordable Housing Department? I mean, it's outside of what we normally do. We don't have a script for it. It seems to be done on the fly at meetings. This one you've done some analysis on in asking for a specific number, and you've provided some recommendations. So how does those recommendations versus the other on -the -fly activities when it gets to the Board level compare as far as your department's ability to record it as affordable, monitor it, and make sure it stays in the program the required number of years? MR. GIBLIN: Sure. I'll say that staff is not a fan of the on -the -fly negotiation. We would prefer to have these discussions up front and before an application is submitted, or certainly before it gets to the Board level. My department has issued memos to Growth Management stating that, you know, there are certain things that we would like to kind of negotiate out up front. The answer to your question is, whenever something winds up in a development order, a PUD, or an SRA, and if it pertains to housing affordability, we put it on our monitoring list. So it does become very difficult when Project A has a certain set of criteria and period of length and other parameters, then you have Project B, C, D, E all through Z trying to monitor what each specific development order requires of each development. So I think that a uniform commitment would be a way to go in the future. For example, the previously approved Rivergrass SRA, that was essentially an on -the -fly commitment that the applicant made to donate $500,000 to the Community Foundation for them to use the down payment assistance for future residents of Rivergrass. The Board of County Commissioners, through the development and approval of the Community Housing Plan over the last two years, created a special segregated fund. We call at the Local Housing Trust Fund. And one of the revenue sources that is specifically identified for that fund is -- or are funds from Developer Contribution Agreements. That, perhaps -- if staff would have been consulted or asked, that would have been probably the more appropriate place for a donation such as that to go rather than directly to the Community Foundation. We feel that we can get more bang for the buck, and we have a whole list of programs that we run through rather than just down payment assistance for folks in Rivergrass or whichever SRA it might be. That's an example of how, if things were negotiated up front -- I understand there's issues with the time period. You know, typically, if somebody applies for an affordable housing density bonus, it comes along with it in exchange for that bonus of density and the bonus of market rate units that that also brings and the increase in profit to the developer. There is a 30-year restriction that those units must remain affordable and on the books for 30 years. Certainly, on a case -by -case basis, we would be willing to work with applicants to determine what works for their situation. Is it five years? Is it three years? And just to finish up, Ave Maria was a very good example of that. Ave Maria, in the end, I believe about 22 percent of all the units that were approved in the Town of Ave Maria were -- had affordability restrictions in some way. Some of them at the lower incomes on the rental side were longer, some on the ownership side were shorter or expired. And they also -- to address some of the very low income that this recommendation doesn't contemplate except for when you get to the Page 17 of 104 March 5, 2020 bullet point below, Ave Maria also donated land off site to accommodate the very low income. CHAIRMAN STRAIN: The idea of this overlay was to provide compact villages, towns, CRDs, hamlets, and other things so that we'd have less spread -out urban sprawl in multiple -acre tracts throughout the entire 159,000 acres. Well, what's left of it. It was about 95,000 that could have been built upon that wasn't wetlands. How does one accomplish the goal of being as compact as they should if they don't provide affordable housing for the required commercial at least that's going in, because the whole goal is to keep people off the roads. And if they're living in the community where the commercial is, they can walk to work, bike to work, get there quickly. In this case, if there's nothing committed to and they hire people at lower wages, which will happen in some of the retail and commercial components, grocery stores, whatever, even if it's not a grocery store, just a retail establishment, those folks may have to end up driving there from elsewhere in the county where they'd have a better chance of being in this facility if it was compact enough to include affordable housing. Is that generally a true statement? MR. GIBLIN: It is. And, again, it would be up to this board and the Board of County Commissioners to determine if the range of housing types and price levels that they are proposing meet that intent of compact, innovative, flexible design that the Rural Lands Stewardship Area was created for. CHAIRMAN STRAIN: I did a quick search in the Clerk's files last week or the week before when this first came through to look at if there's any reference to affordability for the Rural Lands Stewardship Area, because it's kind of like a blank. Well, at the time, the statement that I found from an EPOC, I think that was the paragraph that had it -- it was in the executive summary. It said that -- they said that they would -- that DRIB automatically have a requirement, but we know that program's pretty much diluted by now, and that for those that weren't DRIB, they could be handled -- affordability could be handled on a case -by -case basis through the SRA process, which is what I think we're attempting to do here today. And I know we've had some pushback on that, not necessarily by this developer but by the previous villages as not being required. I think it is. It's just not as clearly stated, but it is --was part of the process. It was something that I think can be discussed like we're doing here today. So I understand your request, and I turn to my others to see if you guys have any questions on it. Go ahead, Ned. COMMISSIONER FRYER: Cormac, I want to thank you for coming forward with this -- first of all, the alternative proposals of offering up a needs analysis or accepting a 15 percent undertaking. And, to me, that would have been a complete fulfillment of how I see diversity being satisfied. I understand also that a needs analysis is not required. But recognizing that the applicant has the burden of proving by competent and substantial evidence all the points in the application, it certainly -- at least from my perspective, a needs analysis would have been highly probative and would influence me in determining whether the desired and required, in my judgment, diversity had been fulfilled. So thank you for bringing this forward. And I think that there remains, at least from the standpoint of where I'm going to vote on this, there needs to be some more done, whether it be the proposals that are outlined in Points 10, 11, 12, or whether it be some other viable means of achieving the needed diversity is something that I would like to see discussed. If not here, then I hope that the Board of County Commissioners will deal with it. Question for you: What is the average sales price of a single-family residential unit in Collier County? Page 18 of 104 March 5, 2020 MR. GIBLIN: You're catching me a little off guard. I believe it's around 360-, $375,000, but I'll have to look at that in the break. COMMISSIONER FRYER: Okay. COMMISSIONER FRY: That is the median, not the average. MR. GIBLIN: I'll have to research that for you. COMMISSIONER FRYER: Okay. Yeah, I'd like to know before we complete our discussions on this, if you wouldn't mind. And let me see what else I have for you, Cormac, if anything. Oh, I know. What would your -- what is your point of view as an expert in this area of way of addressing diversity by means of offering up a sum of money the way Rivergrass did to be used in assistance of those purchasing single-family residential dwellings meeting their down payment obligations? And what if that were paired with another way of achieving affordability in apartment units that, in that case, wouldn't be a burden, a 30-year burden on resale value of those units? What would your take be on a two -pronged approach that I -- like I suggested to achieve diversity? MR. KLATZKOW: This is deja vu all over again. I mean, years ago I remember the Board of County Commissioners extracting cash out of the developers to be used for affordable housing, and one development after the other said, okay, we'll give you -- we'll make this payment, we'll make this payment, we'll make this payment. Then a few years later the thought process was, well, maybe we should never have done that, and now all those obligations were erased. I mean, honest to God, either require the affordable housing or don't require the affordable housing. It's a policy decision. This "we'll write you a check so you can do something else," we tried that in the past. It didn't work. It just didn't, because as soon as the development community hit the recession, it was like, you know, these obligations are awful. You extracted this from us. It's unlawful. And the next thing I know, they were all off the books. I just feel like this is just deja vu all over again. COMMISSIONER FRYER: May I ask the County Attorney then, this seemed to have been instrumental in the Rivergrass vote at the Board of County Commissioners level. MR. KLATZKOW: Yeah, and I know, and it was on the fly, just like the other ones were on the fly 10 years ago, 15 years ago. And, you know, I was sitting here, and I'm going, oh, Jesus, not again. Again, if this board wants to recommend that as a matter of policy that there should be diversity of housing, including incomes, that's fine. The Board of County Commissioners can make a policy. But to simply create a fund and have developers throw it into the fund, we tried that in the past, and I am telling you, it just was awful, and it did not work. COMMISSIONER FRYER: Thank you. MR. GIBLIN: If I could piggyback on the County Attorney. He is correct, 10 years ago it was done in an unformalized matter. Over the last two years we did kind of attempt to formalize that through the passage of the affordable housing -- local Affordable Housing Trust Fund with this designated as a repository for it should that happen. But to answer Commissioner Fryer's question, I think the donation of funds would be the solution of last resort. Our division would always like to see the units provided in some manner. CHAIRMAN STRAIN: See, a donation of funds doesn't mean the funds will be used in a locality where it's needed. It's going to be wherever the county can squeeze it to be used. I mean -- and I'm more concerned about the premise under this overlay that required these compact villages to be somewhat self-sustaining. And, actually, in Ave Maria's fiscal analysis, they used the affordable housing component as a justification for their neutrality, and I'm still worried about that. And I think, Patrick, you wanted to ask a question. Page 19 of 104 March 5, 2020 COMMISSIONER DEARBORN: Well, just a general question. Issues with this affordable housing, which, again, the intent's always great, and I see price points here. This is a general question, maybe not specific to this project, but are there any controls in place for -- let's say I can afford a multifamily property. I'm a retiree on a fixed income or a first responder here in Collier County on a limited income. I can afford the price of the property. Are there any controls in place to control the cost of the fees associated with those properties? MR. GIBLIN: No. We look at a total cost of ownership should not be less [sic] than 30 percent of your monthly income. So those mandatory fees, CDD fees, association fees, those would be lumped in with taxes, insurance, principal. COMMISSIONER DEARBORN: Understood. And I think the issue is, that I see -- again, this is not related to this project per se, but in general, in my experience when things are being built, developers absorb and carry a lot of the costs of all the fees associated with running a community. Once the developer's out and it's turned,over to the homeowners association, I've never heard of association fees ever going down. I've heard of them going up astronomically, and then all of a sudden someone that could squeeze in this property, the developer's happy, they got the sales, and now there's an issue, and then we see property values and people having to move out, and it defeats the purpose of people actually being able to live there, like the chairman said, and walking to work, walking to places, riding their bikes, et cetera. So just a general comment and question. I know it's beyond your realm of control, but that's something I think that we need to really look at. It's not just when the developer's there. When the developer leaves, and then the prices go up, now all of a sudden it's not affordable anymore. So affordability should mean long term, not just short term until the developer gets out. Yeah. CHAIRMAN STRAIN: Okay. Anybody else? MR. YOVANOVICH: Mr. Strain, when is it appropriate to -- CHAIRMAN STRAIN: Well, let's just finish with staff. You're going to have a rebuttal opportunity. MR. YOVANOVICH: I want to cross him. CHAIRMAN STRAIN: You want to cross? MR. YOVANOVICH: I do. CHAIRMAN STRAIN: Then now is as good a time as any. Go ahead. You didn't have to accommodate him, Cormac. MR. YOVANOVICH: That's okay. I could have figured it out if I had to. I'll start with -- I'll start with a question that doesn't require the PowerPoint. You're close. That's good. Thank you. As we sit here today, what is Ave Maria's affordable housing requirement? MR. GIBLIN: It was -- MR. YOVANOVICH: No, no, today. MR. GIBLIN: -- limitation of the DRI requirement. MR. YOVANOVICH: When did we -- when did the Ave Maria SRA get amended to totally eliminate the affordable housing requirement? MR. GIBLIN: Two thousand -- I do not have the date in front of me. I think it was a year before the state's removal of the DRI requirement. MR. YOVANOVICH: So as we sit here today, the precedent out in the SRA is to not require the provision of affordable housing, correct? MR. GIBLIN: Before the removal of the requirement, they had already made the land donation to accommodate the very low income off site. Page 20 of 104 March 5, 2020 MR. YOVANOVICH: How many acres was that? MR. GIBLIN: It was 30 acres, I believe. It was Faith Landing Development in Immokalee. And they had also built the Townhouse Community, which had price points in the 150s, and sold several of those to homebuyers. MR. YOVANOVICH: With or without the affordable housing 30-year commitment? MR. GIBLIN: It wasn't 30 years. I think it was five years. MR. YOVANOVICH: So as far as what you're requesting of this developer, this is the first time you're asking for this type of commitment out in the SRA? MR. GIBLIN: These are staff recommendations. We would be happy to sit with the applicant and hammer out any appropriate accommodations you'd like. But absent that, these would be staff recommendations. MR. YOVANOVICH: Where in the Comprehensive Plan does it refer to affordable housing? MR. GIBLIN: Well, Comprehensive Plan refers to it in many places. The Housing Element is one place. MR. YOVANOVICH: So let's look at Policy 4.7, the part you didn't show to the Planning Commission. You see the highlighted provision? MR. GIBLIN: Yes. MR. YOVANOVICH: Did you have a chance to read it? MR. GIBLIN: I've read it, yes. MR. YOVANOVICH: So here it says, if you want to get an increase in base density, you have to do affordable/workforce housing, correct? MR. GIBLIN: Correct. MR. YOVANOVICH: Are we asking for an increase in the base density? MR. GIBLIN: No. MR. YOVANOVICH: So the code directly dictates when affordable housing is to be applied in the SRA if you want an increase in base density, correct? MR. GIBLIN: I think that would apply only if you were looking to increase base density. MR. YOVANOVICH: So now you want to refer to Policy 4.7.2 about the requirement to have a diversity of housing type and mix of uses appropriate to the scale and character of the particular village; is that correct? MR. GIBLIN: Yes. MR. YOVANOVICH: Okay. So if I offer multifamily and single-family, is that not a diversity of housing types? MR. GIBLIN: I think that diversity would be in the eyes of the beholder. Is a 16 percent to 84 percent ratio diverse or is more of a 50/50 or is it 1 to 99. That would be individual judgment. MR. YOVANOVICH: Look, all I can do is I can look at the black and white, and when the black and white is not defined, you go to Webster. So would you agree with me that the dictionary definition of a diversity would include the provision of multifamily and single-family housing types? MR. GIBLIN: I think it would depend on the ratios of each. MR. YOVANOVICH: You don't want to -- shall we pull up Webster and talk about what diversity really means? MR. KLATZKOW: Rich, wrap this up. I mean -- MR. YOVANOVICH: No, no. I'm going to ask the questions, Jeff. MR. KLATZKOW: No, no. I mean, there's cross-examination, then there's being argumentative. Page 21 of 104 March 5, 2020 MR. YOVANOVICH: I just want to understand where I would find it in the code. MR. KLATZKOW: All right. Put on the first slide again. MR. YOVANOVICH: Which first slide? MR. KLATZKOW: Your first slide. MR. YOVANOVICH: I tell you what, Jeff, you can rehabilitate your witness when I'm done. MR. KLATZKOW: I'm not here to rehabilitate or not. I'm just saying, stop being argumentative. I mean, you come here and, you know, you ask the Board for something, and then years later you say, well, now we have precedent. And I'd just like this board to remember that. MR. YOVANOVICH: I'm not-- Mr. Strain --I mean --sorry. Mr. Klatzkow, I'm not the one who talked about precedent back to Ave Maria. I just want to make sure, if we're going to talk about any precedential value of Ave Maria, it applies throughout the discussion, so -- CHAIRMAN STRAIN: You're mixing apples and oranges. And I'm not trying to interrupt your cross-examination of Cormac, but there's pieces missing in both of you guys' request, your question and his response. Ave Maria was a time prior to the recession, or about the recession time, when they agreed to certain terms and conditions. They met the standards that we felt were applicable at the time. They changed before we had a plethora of affordable housing during the recession, and we started backing off all of our requirements for affordable housing thinking we had plenty on the ground. That's where we rescinded those previous dollar amounts, because we just -- everybody rethought, how much affordable housing do we need? Is that the right way to go? MR. YOVANOVICH: Mr. Strain, you know, I've been around a long time. CHAIRMAN STRAIN: And I've been around longer than you, because I met you when you first got here, if you'll recall. MR. YOVANOVICH: Although my hair color has caught up. CHAIRMAN STRAIN: Yes, it has, but your beard hasn't. MR. YOVANOVICH: No. Well, I can't get it to grow that long. The reason the financial requirement went away is there was a concern about the legality over the first place. It had nothing to do with there was more than enough affordable housing. The question became, was that a proper exaction or not? It had nothing to do with the amount of affordable housing available. That's my recollection. You may remember -- MR. KLATZKOW: And my recollection is that the Board of County Commissioners had a discussion of whether or not we should have inclusionary zoning. The developers went out of their minds when they heard that. In order to get out of the requirement of inclusionary zoning, which was a requirement at that time, they, in essence, wrote a check, you know, so -- just to get out of that requirement. Then the recession hit. That's my recollection. CHAIRMAN STRAIN: After the recession, everybody changed their attitude for a period of time, and it's now reverting back. MR. YOVANOVICH: Well, there was -- for the record, there has never been an inclusionary zoning ordinance adopted in Collier County, and you would know it and I would know it. There's never been an affordable housing inclusionary zoning ordinance adopted in Collier County. There's always been the Comp Plan, but there's never been an ordinance regarding -- requiring inclusionary zoning. There was an informal policy to address that of this exaction process, and people realized that maybe that exaction process was not the most legally sufficient way to address an unwritten inclusionary policy. There was a discussion about adopting one. There was a discussion about adopting one, but it was never adopted. And since then, as we're all aware, there's a state statute that says, if Page 22 of 104 March 5, 2020 you're going to adopt an inclusionary zoning for affordable housing, you have to make sure it doesn't fiscally impact the developer, which means he doesn't lose his profit, he doesn't have to pay his impact fees. That's what the statute now -- MR. KLATZKOW: But this is not a rezoning. You keep arguing that. This is not a rezoning. You guys argued years ago this was not a rezoning. You won that argument. Now you're arguing that this is a rezoning so you shouldn't -- you are now excluded from that. MR. YOVANOVICH: Well, what I'm arguing is the Land Development Code in no place requires us to provide affordable housing. MR. KLATZKOW: Look at the monitor. That's what staff is arguing. MR. YOVANOVICH: I got what staff is arguing. If you'd let me finish the questioning, I would like to -- CHAIRMAN STRAIN: Okay. But once he answers your question, it's over with. Go on to the next point, please. That will stop all this back and forth. MR. YOVANOVICH: I don't think it will, but that's okay. CHAIRMAN STRAIN: Well, it will from our side of it. How's that? MR. YOVANOVICH: We'll see. Under the Land Development Code provision that you put up there, where does the word "affordable housing" show up? MR. GIBLIN: It doesn't. MR. YOVANOVICH: It doesn't. It just says "income thresholds." So if I want to guarantee you I'll sell a house to at least so many people that make at least 200,000 and another number of houses to people who make at least 300,000, and I agree to do another certain number of houses for people who make at least $400,000, I've satisfied that requirement, correct? MR. GIBLIN: Sure. MR. YOVANOVICH: So how did you go from the leap of that's the provision that let's you impose a 15 percent requirement for affordable housing? MR. GIBLIN: Because there was -- you did not make those commitments in your SRA. We had nothing to go on. MR. YOVANOVICH: So -- MR. GIBLIN: So those are our recommendation. MR. YOVANOVICH: So during the break we'll talk amongst ourselves and commit to certain income thresholds, and we'll come back, and we'll put them in the SRA document. But that will satisfy your requirements under the Land Development Code, correct? MR. GIBLIN: It will satisfy mine. Again, my last bullet point is that you also need to satisfy the Planning Commission's interpretation of that and the Board of County Commissioners. MR. YOVANOVICH: I will agree I have to satisfy the Board of County Commissioners to the extent it's consistent with the black -and -white rules that have been adopted by the Board of County Commissioners. That's all. CHAIRMAN STRAIN: Okay. Thank you. Go ahead, Ned. COMMISSIONER FRYER: Cormac, with respect to the obligation of diversity -- and that is an obligation both in the GMP and the Land Development Code -- a Webster's dictionary definition of diversity would perhaps be somewhat frozen in time. And from my point of view, the best definition to be used would be to look at it through the prism of what we have here in Collier County and what our current needs are. And to my way of thinking, our current needs are to include essential services personnel to make opportunities available for them so that they can be available to respond to their job on short notice in the event of an emergency. And so within that prism, to me the satisfaction of diversity is achieved best by looking at Page 23 of 104 March 5, 2020 creating opportunities for people to -- the people within the target group that we are soliciting, opportunities for them to live here economically. And wouldn't you say that that is a legitimate definition of diversity or one potentially legitimate definition of diversity in these times? MR. GIBLIN: It is. And since the GMP does not define what it means when it says diversity of what, it could be multifamily or single-family. It could be two-story or one-story. It could be red and blue. You know, diversity could mean many different things. That's why we have the additional clause from the Land Development Code that says diverse ages and incomes. So now we're getting more specific. So that means rich and poor, rich and richer. You know, but we need to have something to go on. COMMISSIONER FRYER: So would it also be fair to say that if a developer came in and had several different colors of houses, that that might be a certain kind of diversity but not necessarily the sort of diversity that would be desirable for our county at this point in time in history? MR. GIBLIN: Exactly. COMMISSIONER FRYER: Thank you. CHAIRMAN STRAIN: Okay. Anybody else? Karl? COMMISSIONER FRY: Just a clarification, Cormac. If Rich and the applicant come back after the break and they do have some sort of allotment similar to your table where they're guaranteeing certain percentage of home income levels or price ranges, that would be acceptable to you? MR. GIBLIN: Fabulous. COMMISSIONER FRY: I'll just comment that, I mean, one of the things that I think is a positive of this particular development is the price ranges that have been indicated in that they are not exorbitantly high like we're used to in other parts of Naples. And that in itself represents a bit of affordability. But I do see the merit of having those documented in the SRA so that that commitment -- we can count on that commitment. I have to express, I guess, a frustration as being the newest member of this commission is that we come in here, and every project, affordable housing comes up, essential services comes up, and we have to come up with some creative on -the -fly solution, and then it goes to the County Commission and they override or they do something more creative. That doesn't seem to me to be the way this should work. It seems to me that we -- as Mr. Klatzkow said, we have provisions. It's a bonus, you know, in terms of density for affordable housing. I believe it's a great component of all developments. But how do we build it into the LDC and the master plan so that it is a formula that can be more universal for these developments? It comes up every time. Why can't we build it in so that we don't have to create a custom solution for every development on the fly? That's a rhetorical question, I guess. But I'm hoping that there is some way that that can happen so we're not in this position week in and week out. MR. GIBLIN: To answer your question, you know, there are some amendments moving forward of the Rural Lands Stewardship Area. There's the white paper amendments, and then the five-year amendments, some of those will become clear as -- or some of those amendments will address some of those issues. COMMISSIONER FRY: Thank you. Glad to hear that. CHAIRMAN STRAIN: Anybody else of Cormac while he's here? (No response.) CHAIRMAN STRAIN: Thank you, Cormac. Is someone from environmental staff here? MS. COOK: Good morning. For the record, Jamie Cook. principal environmental Page 24 of 104 March 5, 2020 specialist. CHAIRMAN STRAIN: Good morning. MS. COOK: Good morning. CHAIRMAN STRAIN: Don't pass you in the hallways like I used to, so I have to ask you questions today. MS. COOK: Sure. CHAIRMAN STRAIN: You heard the applicant's comments about the Recommendation No. 2. What was your position on that, if -- do you recall? Do you want me to read it to you? It says, per environmental staff, update master plans to show the LSPA areas. MS. COOK: Prior to the staff report being written, there was a conflict between the master plan and the deviation request, so that is why the condition was written in the staff report that way. The master plan and deviation request have since been updated so that they now match. CHAIRMAN STRAIN: Okay. So we can omit Deviation 2 -- I mean, Recommendation 2? MS. COOK: Correct. CHAIRMAN STRAIN: Thank you. MS. COOK: You're welcome. CHAIRMAN STRAIN: That's the only one I have, I think, of you. Appreciate it. Anybody else? (No response.) CHAIRMAN STRAIN: Nope. Thanks, Jamie. MS. COOK: Thank you. CHAIRMAN STRAIN: Is anybody here from Collier County Sheriffs Office? (No response.) CHAIRMAN STRAIN: Okay. Tim, I need you to talk to me about No. 4. Where'd you get that from? How'd it get there? Per Collier County Sheriffs Office, at buildout there will be a need for a police substation such as the substation built near the intersection of CR 846 and 39th Avenue Northeast. MR. FINN: When I had asked for the staff section for the staff report, this is what they came back with -- CHAIRMAN STRAIN: Who's they? MR. FINN: Collier County Sheriffs Office. I don't recall the name. CHAIRMAN STRAIN: Okay. So the Sheriffs Office asked -- basically said there's a need for a substation -- MR. FINN: Yes. CHAIRMAN STRAIN: -- which there's probably needs for lot of substations. MR. FINN: Correct. CHAIRMAN STRAIN: But what does that have to do as a require -- a recommendation from staff? You're not recommending anything specific. So is -- I'm just -- you're recommending a -- it doesn't say you're asking for land from the applicant and you have some provisions that entitle you to do so. It doesn't say anything like that. MR. BELLOWS: Yeah. For the record, Ray Bellows. The condition probably should have been more specific to this project. Would this project be providing this substation? They're saying that they would like one in that area. CHAIRMAN STRAIN: But as the -- is there a specific RLSA standard -- MR. BELLOWS: No. CHAIRMAN STRAIN: -- that requires a substation of a village? MR. BELLOWS: No. Page 25 of 104 March 5, 2020 CHAIRMAN STRAIN: Okay. So they could have negotiated that with the developer. You guys added it just saying that there's a need to have one in the area. But was that intended for us to negotiate it with the developer then? MR. BELLOWS: I think it should have been written so the staff would be requiring -- or requesting that it be added as part of this SRA. CHAIRMAN STRAIN: What will be added? MR. BELLOWS: A substation. CHAIRMAN STRAIN: But how do you get that to meet the code? And maybe at break you could kind of take a look at it a little closer. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: We can do -- we can't provide -- we can't take exactions that don't have a rational nexus, and I don't know if this one does. So would you -- MR. BELLOWS: It doesn't. CHAIRMAN STRAIN: It doesn't? Okay. So we're really going to Strike No. 4, unfortunately. And maybe when you guys communicate with the sheriffs department you can get together and -- MR. BELLOWS: We'll definitely do that. CHAIRMAN STRAIN: -- figure out a way to produce some better language that -- COMMISSIONER CHRZANOWSKI: Hey, Mark? CHAIRMAN STRAIN: Yeah. COMMISSIONER CHRZANOWSKI: Isn't there an impact fee that would cover that? CHAIRMAN STRAIN: There is. We have jail and -- MR. BELLOWS: Yes. CHAIRMAN STRAIN: -- both -- yeah, we have impact fees. COMMISSIONER CHRZANOWSKI: Okay. CHAIRMAN STRAIN: Well, that's all the stuff that should have probably occurred as a discussion before it got added as a staff recommendation. That's all I was trying to figure out. Number 5, is there anybody from the Fire Department here? (No response.) CHAIRMAN STRAIN: Tim, unfortunately, it falls on your shoulder. Where'd you get that one from? MR. FINN: Daniel Zunziquy (phonetic). When I requested the staff section from him, this is what he brought back with. CHAIRMAN STRAIN: Okay. If this wasn't here, would he still have to make sure it meets fire prevention code? MR. FINN: Yes, definitely. CHAIRMAN STRAIN: All right. Then we don't need it as a staff recommendation. MR. BELLOWS: Correct. CHAIRMAN STRAIN: So let's --if we can stop having to have these discussions and just not put stuff there that we don't need, that would be very helpful. Okay. So we don't need 2, 4, or 5, and we've talked about 10, 11 and 12. Anybody else have any questions of staff? COMMISSIONER FRYER: No. CHAIRMAN STRAIN: Okay. Are there any public speakers, Ray? MR. FINN: First speaker is Angel Raudner. MS. RAUDNER: I'm going to yield my time to Hannes, if that's all right. MR. FINN: Okay. Hannes Raudner. CHAIRMAN STRAIN: Okay. Page 26 of 104 March S, 2020 MR. YOVANOVICH: Mr. Strain, he spoke at the last hearing. We took him out of order. CHAIRMAN STRAIN: Oh, if that was the case -- is that what occurred? COMMISSIONER HOMIAK: Yeah. CHAIRMAN STRAIN: I don't mind hearing him again. Is there a prohibition to that? Then we'll hear him again. MR. RAUDNER: Thank you. I appreciate it. CHAIRMAN STRAIN: Go ahead, sir. MR. RAUDNER: All right. My name is Hannes. I spoke last time. Thank you for letting me speak again. I'm a little bit better prepared this time. I'm sorry to have to come back. This is actually a side issue in every sense. COMMISSIONER FRYER: Would you mind spelling your last name, sir. MR. RAUDNER: Excuse me. COMMISSIONER FRYER: Would you mind spelling your last name, please. MR. RAUDNER: R-a-u-d, like Denver, n-e-r. COMMISSIONER FRYER: Thank you. MR. RAUDNER: So we see here, this here is Hyde Park, a little larger, and these here in yellow are the properties of nine owners who are along the western border of Hyde Park development. It's the canal side. You can see on the canal, our land goes over to the other side. And so Hyde Park actually does not have access to the canal. That would be only over our land. And so I have another sheet here. I'm sorry. It is a little more complex, but it shows here this is our boundary line, our border line here. This here is the canal. This is 16 feet. They belong to us under what we call the other side, the Hyde Park side. I know there were discussions with water management about easement, and so water management got 20 feet from Hyde Parkas a maintenance easement. We already have 100 feet given as an easement from our side, which includes the canal plus the 16 feet we are talking about. Discussion now is that these two easements are going to be combined, leveled, sod being put on it and maintained, I believe, by the county, or I don't know who is going to maintain it, depending on these discussions. So if these two pieces of easement are joined together, they will create just one grassy place going from the boundary line of the easement all the way to the canal, including both easements. So now everybody from the Hyde Park development has access over the easement right to the canal onto our land. Our question -- and it affects nine property owners along the western boundary. Our question is, what is the legal situation? What if a child falls into the canal? Who is liable if somebody gets injured? Who will be liable in this area, unless something is done to avoid access to the easement? So I'm suggesting here as a solution to put a chain -link fence on the western side of the easement so the easements are all separated from the Hyde Park development and, therefore, secured from trespassing, basically. So this is one point. This is not clear. Who is liable? Are we liable for any of the public traffic that's going to happen on our land? I don't know. But that's why I'm bringing the question to you for your consideration. COMMISSIONER FRYER: Sir, we can't provide legal advice. MR. KLATZKOW: The zoning doesn't change the issue, whether the zoning goes through or not. At the end of the day -- and I'm not sure where staff is -- the county may have to condemn at least an easement on this in order to get the access it needs to maintain the canal. I don't know where staff is on this. But, you know, whether you approve -- recommend approval or disapproval, it doesn't change the fact. Page 27 of 104 March 5, 2020 And this issue was ubiquitous in this area where you've got these little strips on the other side of a canal owned by, well, the people on the other side of the canal. It happens all over the place. Frangipani Road is one of them where people are using it as an access point to their properties, and it's actually owned by the people across the canal. It's just how the area developed. And over the course of time, the county's going to have to address it. CHAIRMAN STRAIN: So we don't have -- we're not going to have an answer for you on that today. That's not what we do. I certainly understand your concern. I live in the Estates as well, so I know what your concerns are. I don't know how to answer your question, though. I mean, it's probably one you need to pose to an attorney that you hire to look into it, maybe a -- some kind of specialist attorney looking at easements and things like entitlements and things like that. But we're not the right body for that, unfortunately. MR. RAUDNER: Okay. I have another point. Sorry. COMMISSIONER CHRZANOWSKL• While we're on this, could I ask something? Jeff, how do the rules about navigable waterways pertain to the Collier County canals? MR. KLATZKOW: They really don't. At the end of the day, the primary purpose of these canals isn't for boating. The purpose of these canals is to make the whole area habitable. I mean, people tend to forget, you couldn't live in most of Collier County before the canals were put in and, you know, the whole point of the canals is, in essence, to drain the swamp so that people can live here. COMMISSIONER CHRZANOWSKI: And you have weirs in the way. But there are certain rules that the Corps of Engineers has passed saying, if you can boat from one area to another, carry your canoe, whatever, and it's interconnected, it becomes a navigable waterway. MR. KLATZKOW: Yeah, but the issue here is that the land underneath most of these canals is owned privately. COMMISSIONER CHRZANOWSKI: I know. MR. KLATZKOW: All the canals are --essentially, they're just easements. COMMISSIONER CHRZANOWSKI: I know. And I have canoed a lot of these canals across people's properties -- MR. KLATZKOW: Yes. COMMISSIONER CHRZANOWSKI: -- because it's a navigable waterway. MR. KLATZKOW: And we've put in ramps to allow people to do that. Whether or not at the end of the day there's an actual right to do that is an open question. COMMISSIONER CHRZANOWSKI: That's what I was curious about. Thanks. CHAIRMAN STRAIN: Let's let the gentleman wrap up his questions or his concerns, if you could, sir. MR. RAUDNER: Yes. The other part -- my second concern is about the visual buffer between these two developments. So the new development is basically a township with, as you pointed out so correctly, these very narrow side easements and then two stories tall. I hope they don't build 40-feet-tall high buildings. So there will be, from the Golden Gate point of view, a township developed that's totally different in style and character than what is Golden Gate. It will be manicured. It will be nice cut grass and beautiful, whereas Golden Gate on the other side, as you all know, it's a bit rough and tumble. It is rugged. There are large parcels along the canal, older parcels approximately four feet -- four acres large, and then on the other side the new development is a 700 -- 7,000 [sic] square foot postage stamps. They're really small, small, small, and that's to get the density. We understand that. I'm an architect. Page 28 of 104 March 5, 2020 So -- but on the other side, there is a big difference. So we are requesting an enhanced visual buffer between these two developments. I don't think this is unreasonable considering that they are coming in here when our beautiful -- I mean, this is the -- this is the view we are used to, right, and now a township comes there. So I don't think it is to ask too much to have an enhanced visual buffer between these developments. CHAIRMAN STRAIN: That's something we can ask the developer to describe after you finish. MR. KLATZKOW: But just so you know --and I don't know where staff is on it. But if staff decides to take that strip as a maintenance, it's going to clear-cut it. So whatever trees you see there now, if staff elects to take this, those trees are going to be gone. CHAIRMAN STRAIN: Right. And that's why we'll ask the developer to define the buffer. We'll hear some more on that when you're finished. MR. RAUDNER: Yeah. We're asking for 15 feet wide, a buffer which is about 15 to 20 feet tall with 80 percent opacity. CHAIRMAN STRAIN: Okay. We'll get into that. MR. RAUDNER: Thank you very much. COMMISSIONER DEARBORN: Thank you, sir. CHAIRMAN STRAIN: Thank you, sir. And with that -- I've been trying to talk slower for our court reporter today. I hope I succeeded. We're going to take a break and resume at 10:45 so the young lady can rest her fingers. (A brief recess was had from 10:30 a.m. to 10:45 a.m.) CHAIRMAN STRAIN: Ladies and gentlemen, if you'd please take your seats, we'd like to resume the meeting. Everybody, if you could sit down. We will start to resume as soon as everybody's in their seats, including Tom. Okay, everyone. Tim, we left off with public speakers. Do you have any more registered public speakers? MR. FINN: Yes. Next public speaker is Rae Ann Burton. CHAIRMAN STRAIN: Ray who? MR. FINN: Rae Ann Burton. CHAIRMAN STRAIN: Rae Ann Burton, are you here? MS. BURTON: Yes. CHAIRMAN STRAIN: Okay. She's here. Thank you. Ms. Burton. MS. BURTON: Thank you. CHAIRMAN STRAIN: Were you sworn in when we started this morning? MS. BURTON: I didn't really get here in time. CHAIRMAN STRAIN: Then this young lady here will swear you in. MS. BURTON: Okay. (The speaker was duly sworn and indicated in the affirmative.) MS. BURTON: Yes, to my best ability. Okay. Thank you. Good morning, members of the Planning Commission. My name is Rae Ann Burton, 2530 31 st Avenue Northeast, rural Golden Gate Estates. My concern is the 9A Hyde Park. It will connect to Rivergrass, which this board denied, will complete the original footprint the Rural Land West that was withdrawn by the developers to build less restrictive and cheaper sprawling villages. This runs counter to what is considered in the best interest of the county. This village is one of four which will increase population to 14,917. If two cars are permitted per unit, that's 37,293 cars impacting the already congested traffic on Oil Well, Page 29 of 104 March 5, 2020 Immokalee, and now Everglades, Randall, and Golden Gate Boulevard. Please adhere to the original RLSA plan, 16,800 or 9 percent to be developed. Do not build urban sprawls surrounding against the Estates. The Estates is a sanctuary from city, towns, and sprawling villages, noise, traffic, pollution, and crime. Many moved to enjoy the environment, the wildlife and peace and quiet without HOA fees or restrictions on putting out the American flag, the choice of house colors, or plants around the house or if I can leave my motor home in my driveway, or business vehicle. This board takes hard stands against many issues that will destroy the Estates, increase fees and taxes. This board really hears the concerns and fears of the Estates community. For this, I want to thank everyone for really listening to the residents and not allowing county or developers to destroy our little piece of paradise. I will be going to the Board of Commissioners meeting when this comes before them, but I ask why I get up at 6:00 a.m. to go to the meetings that are set at 9:00 a.m. when the very people that have concerns cannot come, to voice my fears and concerns only to fall on deaf ears. I even asked at the last county board meeting, how can you approve an incohesive village when the Planning Commission committee and 25 residents that could come asked to deny? The developers claim they have the right to build villages. I ask, what about the rights of the residents that live in the Estates? Do we not have a right to enjoy our property without the congestion of urban sprawl choking us with traffic, pollution, and noise? I want to thank everybody again on this board for you [sic] truly hear the residents of the Estates, consider our desires, needs above that of the county and developer, thank you. CHAIRMAN STRAIN: Okay. Thank you. Ms. Burton, just one comment. (Applause.) MS. BURTON: Yes. CHAIRMAN STRAIN: When you go to the Board, you may want to -- your beginning statement, this was not and is not part of the former Rural Lands West. It's a separate piece of property owned by a separate developer. MS. BURTON: It replaces the footprint. It's in the same -- CHAIRMAN STRAIN: No, it doesn't. It's outside the -- MS. BURTON: It's supposed to be below Rivergrass, correct? CHAIRMAN STRAIN: No. Hyde Park is to the west of Rivergrass. MS. BURTON: Okay. CHAIRMAN STRAIN: It's in the old burrow's [sic] pit. MS. BURTON: Thank you. CHAIRMAN STRAIN: It had nothing to do with Rivergrass. So I want to make sure you start out with that. MS. BURTON: Yeah. It gets confusing. You try to look at all these maps and everything, and pretty soon you don't know where you are. CHAIRMAN STRAIN: Yes, it does. One point -- what, 1.475 million acres. That's a lot to keep track of, so... MR. KLATZKOW: It used to be Winchester Lakes. MS. BURTON: And thank you for doing so. CHAIRMAN STRAIN: Thank you. Okay. Any other speakers, Tim or Ray? MR. FINN: No, that's it. CHAIRMAN STRAIN: Now, is there any other members of the public who have not spoken that would like to speak on the Hyde Park issue? (No response.) Page 30 of 104 March 5, 2020 CHAIRMAN STRAIN: Okay. Hearing none, we'll move to the rebuttal opportunity. Oh, first of all, any other questions of the Planning Commissioner? COMMISSIONER FRYER: Not at this time. CHAIRMAN STRAIN: If not, we'll go to rebuttal by the applicant. And before you start your rebuttal, Rich, could you or Bob define the buffers that are proposed on the western side? MR. YOVANOVICH: It's on your screen. CHAIRMAN STRAIN: Well, no, it's not. There's something else on the screen. MR. MULHERE: No, actually, I'm on MUNI code right now. I'll show you, if you give me a second. Right here, but I'll read it. CHAIRMAN STRAIN: Oh, I thought you had a cross-section. You don't have anything -- MR. MULHERE: No. CHAIRMAN STRAIN: -- visual? MR. MULHERE: We comply with the LDC requirement for a Type B landscape buffer. CHAIRMAN STRAIN: Oh, you're doing a Type B? MR. MULHERE: Yes. CHAIRMAN STRAIN: Okay. Well, that's a pretty good buffer. MR. MULHERE: Yes. And also, I just did want to mention that there is a --there will be a water management berm approximately two feet, and that landscape buffer will be on top of that. So it will actually be a little bit higher. CHAIRMAN STRAIN: Okay. The width of the buffer will be? MR. MULHERE: Fifteen feet for the planting area, but we have a 65-foot-wide green space. CHAIRMAN STRAIN: Okay. And the opacity will be 80 percent within one year? MR. MULHERE: Yes. CHAIRMAN STRAIN: And I think that's some of the points that the gentleman had asked about. Okay. That's the only question I had. Rich, it's all ours. MR. YOVANOVICH: I don't have a long rebuttal. I do have a couple of comments and, I guess, suggested provisions that -- to add to the SRA. One, I did look up the term "diversity" while we were sitting and waiting, and I'm 100 percent certain that our commitment to provide at least 300 multifamily units and not to exceed 1,000 multifamily units together with the single-family commitment satisfies any definition you want to come up for with diversity. It's multiple product types, housing types. I think that absolutely meets the definition of diversity. Not to -- not to mention the fact that in the real world, builders offer multiple footprints of the different product types. So there is diversity. And for someone to say that the fact that we're providing multifamily and single-family is not enough assurance that there's a diversity product type is not living in how it really happens in the real world. So diversity of building types is clearly going to be met by the provisions. I think, likewise, income levels are also addressed by the different product types and the different pricing points that will be in the product -- in the SRA. However -- and I did talk to my client about assuring income -level diversity, and we will put in the SRA that we'll sell at least 50 units to people making 175,000 or less income level, 50 units to people making $225,000 or less, or 50 units for people making $275,000 or less to address Mr. Giblin's concerns about assuring income -level diversity. The code does not -- COMMISSIONER FRYER: Would you repeat that, please, sir. Page 31 of 104 March 5, 2020 COMMISSIONER FRY: Are you talking income levels or -- MR. YOVANOVICH: Income levels. He's concerned about me meeting the income -level threshold, and he acknowledged that I don't have to meet affordable. I just have to have income levels. So we're going to do 50 units making 175,000 or less, family income; 50 units 225,000 or less income levels; and 50 units making 275,000 or less. If that is a requirement of the code, we'll go ahead and add that to the SRA. CHAIRMAN STRAIN: Okay. A couple ifs. If it's a requirement of the code, which you probably already know that answer. Number 2., income levels of what this community is supposedly going to be -- seems to be heading towards folks that may be part-timers, they may be retirees, they may be on social security but their income levels may not be income levels based on the fact they're a working entity. They may be simply retired and living off income -- savings and things like that. That's not income. MR. YOVANOVICH: Well, Mr. Strain, that's why the numbers are 50, 50, and 50. There will obviously be others that are going to live in this community. My whole point by watching you smile is that I thought that was not the strongest argument for the county to require us to do affordable housing, the fact that we don't have something in our SRA addressing family income levels. We know that the code doesn't require that. We are the type of project that the county wants. Neal Communities has been here for years. The product type that they develop is quality and at price points that -- what everybody's worried about, essential service personnel being able to afford and live in is there. It's a fact of life, and to now try to impose a requirement that is not in the code by stretching an argument about income levels is unnecessary and, frankly, I think, harmful to delivering the product types you want. And with that, we request that you forward to the Board of County Commissioners our product, our project, as proposed with the modifications that we've agreed to. We will not agree to an affordable housing requirement of any sort as part of this, and we request that you recommend approval to the Board of County Commissioners, and I'll be able to answer any questions you want. CHAIRMAN STRAIN: I'll start with Patrick. COMMISSIONER DEARBORN: I just had a quick clari --I couldn't understood --you were mentioning income levels. I thought I heard 225,000, 250,000. MR. YOVANOVICH: I said 175-, 225-, and 275-. COMMISSIONER DEARBORN: Income levels for a perspective person buying -- MR. YOVANOVICH: Yes. If we have to meet a threshold of diversity of income levels, we'll guarantee that diversity through these income levels. COMMISSIONER DEARBORN: Wow. CHAIRMAN STRAIN: I mean, Patrick, at that level, they won't -- there's no affordable housing necessity. MR. YOVANOVICH: Correct. There is no affordable housing requirement. CHAIRMAN STRAIN: Someone earning 175,000 a year doesn't need to be in an affordable housing program, so it couldn't be. COMMISSIONER DEARBORN: I got that. CHAIRMAN STRAIN: So it doesn't make any sense. MR. YOVANOVICH: Code doesn't require it. CHAIRMAN STRAIN: Huh. MR. YOVANOVICH: Code doesn't require affordable housing. It just says income levels. CHAIRMAN STRAIN: It says a mixture, or I forgot the exact language. But, you know, your interpretation of the code has always been one way of doing things, and occasionally this Page 32 of 104 March 5, 2020 board might have a difference on the opinion on that, so... MR. YOVANOVICH: I can only read the black and white. CHAIRMAN STRAIN: Yeah, and so do we. Anybody else have any questions? We're at the wrap-up point. Karl. COMMISSIONER FRY: I guess I found that somewhat humorous in that -- MR. YOVANOVICH: Yeah. COMMISSIONER FRY: And I guess it's not an attempt to be facetious that those income levels in any way represent housing for essential services personnel, those income levels represent -- so my question -- here's my question. Cormac was asking -- as I understand it, was asking you to commit to the housing analysis you did by taking 15 percent of the price ranges that you said you would be providing and putting them in the SRA as a, we will do this many, 50 homes in the price range of X, 45 homes in the price range of Y, and 50 homes in the price range of X. So out of 1,600, 1,700 units, I think it was a couple of hundred units that he wanted to have in there with a dictated price range that they would be sold for. It wasn't on income levels. MR. YOVANOVICH: It was not price range. He wanted income levels at gap and moderate and whatever else he had in his category. He did nothing about price points of what our price points were. He wanted income levels and to force us to comply with your affordable housing requirements that are in your code. Income level restrictions is what he proposed. He in no way talked about price points of units. He said the way he was going to assure price points of units was to force us to income restrict those units. That's what he said. COMMISSIONER FRY: My understanding from the -- we can put the slide back up. My understanding was that he was looking at the income levels and what price range they could afford and asking you to commit to those price levels. MR. YOVANOVICH: No, he was not. He was -- I don't know -- we have to switch back. Thank you, Tim. What he asked was, he wants income level of 45 units in the multifamily to meet the low income, which is 80 percent or less. CHAIRMAN STRAIN: Karl, we can call Cormac back up. Would that help clarify? MR. YOVANOVICH: I'm just telling you what I heard him say. Maybe I'm wrong. CHAIRMAN STRAIN: I know, but since there's a debate about it, and he's standing right there in the back of room, and he's anxious to come up here and straight it out for us -- COMMISSIONER FRY: I would welcome that. CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: I would, too. MR. GIBLIN: Good morning, again. Cormac Giblin, for the record. The question is whether the code requires differentiation of incomes and/or price points, I think is the question. I think that the code does request that there be a variety of incomes and price points. CHAIRMAN STRAIN: To make something affordable? MR. GIBLIN: Not necessarily affordable, just diverse. CHAIRMAN STRAIN: Diverse. MR. GIBLIN: Diverse. The suggestion on the screen was simply taking the applicant's own feasibility analysis of what they say they plan on building and trying to guarantee at least some of it will get built in what they said they already were going to. MR. YOVANOVICH: At the price points. COMMISSIONER FRY: Were you asking for price points? MR. GIBLIN: It's both. The code requires both. It says prices and incomes. Page 33 of 104 March 5, 2020 MR. YOVANOVICH: Can I ask a question? Are you asking us to guarantee in the multifamily that we provide 45 units for people making in the low-income range? MR. GIBLIN: Yes. MR. YOVANOVICH: So it's -- he wants me to provide affordable housing. You want us to provide 80 units for people making in the income range of moderate, which is 80 percent or less? MR. GIBLIN: No. Moderate is 120 percent or less. Low is 80 percent or less. MR. YOVANOVICH: And then you -- oh, so the low is 80 percent or less. MR. GIBLIN: Correct. MR. YOVANOVICH: And then you want us to provide gap income -restrict housing. MR. GIBLIN: At 140 percent -- MR. YOVANOVICH: Gap income -restricted housing under your current affordable housing standards? MR. GIBLIN: Right. In accordance with what you said your price points planned on being. MR. YOVANOVICH: Which includes a 30-year restriction on sale and rental and all those good things; is that correct? MR. GIBLIN: I've already gone on record saying that we'd be happy to negotiate with you whatever you think is best. MR. YOVANOVICH: I'm just trying the understand --well, the answer to the question is is we're not going to agree to the income restrictions that are being proposed. COMMISSIONER FRY: How about the price points? If the -- I mean, he's basically saying, take a percentage of the units you already say you're going to sell and say I will say -- I will sell 15 percent of those at those price points of each of those product categories. Is that something you would commit to? MR. YOVANOVICH: Well, if we do apartments, I don't sell units at $168,000. So that's -- CHAIRMAN STRAIN: You know, we're starting to modify the program on the fly again, and that's going to get so ridiculous. We need to stay away from either they -- either they're going to buy into the program, as staff has recommended, or they're not. And I think he's saying they're not. MR. YOVANOVICH: No. Staff has even said the program's negotiable. We don't have a program. CHAIRMAN STRAIN: But you didn't negotiate anything. MR. YOVANOVICH: We don't have a program that requires this. MR. KLATZKOW: You've got a staff recommendation. You don't agree with it. MR. YOVANOVICH: Correct. MR. KLATZKOW: There you go. MR. YOVANOVICH: But we'll address the income diversity if we have to through what we've proposed. MR. KLATZKOW: But keep in mind, just because you sell a house for $200,000 or $300,000 does not really get to the point of getting essential work -- work is a home [sic], because I could be retired, $180,000 pension, but I've got $500,000 in cash to buy the house. So, you know, just having a price point on that house doesn't do it, but there you go. CHAIRMAN STRAIN: Karl, you done? No? Go ahead. COMMISSIONER FRY: I thought the purpose of what Cormac was suggesting -- and I'm not taking it in its pure form, just the intent, was to avoid a situation where you say we're going to build this type of housing, and then you come back and build homes that cost twice that much Page 34 of 104 March 5, 2020 which, by the nature of their price, price a lot of the people out of the market. I said -- and I told you, one of the things that I find a positive about this is that at the price points you are presenting, it does represent opportunities for a diversity of income levels and backgrounds and products, and it does, in my opinion, meet the qualification and the definition of diversity. MR. YOVANOVICH: And my -- remember, we have to go back to the very beginning when Mr. Greenberg got up here and said, Neal Communities is here from the very beginning until the very end because they're the developer and the builder. And we all know the quality and price points for Neal Communities in Collier County. It's not as if we're developing it and then going to flip to a builder. That's the distinction. You have someone here who's from the beginning to the end. So you have those assurances, Mr. Fry, because you're familiar with Neal Communities. COMMISSIONER FRY: So the assurances are based on history, but there's nothing -- MR. KLATZKOW: There's no assurances. This could be a complete retirement community for all you know. It's just, you have a staff recommendation. They don't agree with it, all right. We're not going to cobble it on the floor, all right. We're not, all right. So it will go to the Board of County Commissioners, and we'll see what happens with your recommendation one way or the other. CHAIRMAN STRAIN: Okay. Ned. COMMISSIONER FRYER: Cormac, in your area of expertise, I assume you have a fairly good idea of the average salaries of essential services personnel like sheriffs deputies, firefighters, paramedics, teachers, and the like. In your judgment, would --the proposal that was offered just now, would that likely be of assistance to any of those people? MR. GIBLIN: The 50 units that -- for households that make 175,000 a year, 50 that make 225-, and 50 that make 275-, no, those would not be in any of those essential service incomes. COMMISSIONER FRYER: Thank you. MR. YOVANOVICH: I just wanted to be --for the record, that was never my intention. I never said that's what our goal was to meet, okay? CHAIRMAN STRAIN: Anything else of Cormac? (No response.) CHAIRMAN STRAIN: Thank you, Cormac, again. MR. GIBLIN: Thank you. CHAIRMAN STRAIN: Richard, are you finished with your comments and rebuttal to the extent you had it? MR. YOVANOVICH: I think I am. I think I'm done. CHAIRMAN STRAIN: Well, no. It's not think. If you are, you are. We're going to go on. MR. YOVANOVICH: Depending on if you ask questions. CHAIRMAN STRAIN: Go ahead, Ned. COMMISSIONER FRYER: With respect to the lifestyle signages, are you insisting upon that? MR. YOVANOVICH: It's already in Ave Maria. I find it hard to believe -- Ave Maria's an RLSA program. I don't understand why it wouldn't be appropriate for us. COMMISSIONER FRYER: I just wanted to understand your position. MR. YOVANOVICH: We'd like it, of course. We've asked for it. CHAIRMAN STRAIN: Okay. Anybody else? (No response.) CHAIRMAN STRAIN: With that, we'll close the public hearing. We'll go for discussion to start with and then a motion. So anybody here have any discussion? Stan? COMMISSIONER CHRZANOWSKI: Yeah. I just want to get a couple things on the Page 35 of 104 March 5, 2020 record. You were all sent a LiDAR, the light detection and ranging topo of this site. And if you -- for those in the audience that don't get that, if you look at Google Earth, to the west of this there's a place called Winchester Head. It's a very depressed area. This area historically, from the topography, all used to drain across into Winchester Head until they built the Faka Union Canal, which cut off the drainage that went to Winchester Head. So, historically, this whole area drained into that head. And if you look at the LiDAR you can see it, and even on the aerial photos you can see it. Nobody builds in Winchester Head. It's all subdivided. It's all sold. I think Collier -- the place that buys the land has bought a lot of these parcels, but there are still a lot that are privately owned, but nobody's building on them because the land is so low it floods. There's two roads through Winchester Head, and Winchester Head, when it drains, goes to the south through Winchester Slough, and some people call it Horse Pen Strand. The flow that goes is obstructed by the roads. A long time ago, we suggested that they take those two roads out and build a road along the canal to access those roads from the other side. Well, that was -- they said that was too hard to do. So what they did instead was they put roadside swales in to drain Winchester Head into the canal, which drains Winchester Head. So anybody that thinks that they're environmentally sensitive because they want to preserve Winchester Head, you're just messing the whole place up. So, anyway, that's where we're at right now. Your water that used to go all into Winchester Head and then south that we're trying to restore historical drainage, we're never going to do that. This place is going to be messed up. To my way of thinking, we have something -- and I'm the one that permitted this excavation a long time ago, and I'm glad to see it turn into a subdivision. Now, you guys have a lot of problems with the type of housing and all. That doesn't bother me that much, but the engineering kind of does. And to me this is a good use for this project, and that's all I've got to say. CHAIRMAN STRAIN: Okay. Anybody else have any discussion? Patrick? COMMISSIONER DEARBORN: I'm just clarifying. It's been a long morning. So, again, staff made recommendations that the applicant is not going to do, correct? CHAIRMAN STRAIN: Correct. Not all of them. They're going to do some of them, but they're not going to do all of them. COMMISSIONER DEARBORN: But staff recommended approval only conditionally on all those being met, correct? CHAIRMAN STRAIN: With the exception of the three they now have conceded weren't necessary. MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Numbers 2, 4, and 5, I think it was. COMMISSIONER DEARBORN: So is staff approving this as it is now or not? MR. BELLOWS: Correct. Minus Conditions 2,4 -- CHAIRMAN STRAIN: No. They're approving— no, no. They're not approving the project. The recommendation says assuming those -- they're recommendations are met, the applicant's still not -- he's not agreeing to meet those remaining recommendations. That's what it boils down to. COMMISSIONER DEARBORN: Understood. Thank you. CHAIRMAN STRAIN: Anybody else? Go ahead, Ned. COMMISSIONER FRYER: I am very inclined to support staffs recommendations for a myriad of reasons, but I'm not going to go into any that I have already spoken about either today or the last time we talked about this. Page 36 of 104 March 5, 2020 One of the things that we talked about last time had to do with fiscal neutrality, and I take the County Attorney's point that we're never going to get to a number of fiscal neutrality. That just it's not to be achieved; however, I think there were sufficient miscalculations or flawed assumptions in the financial analysis that the applicant offered that I'm not able to determine just how far short of fiscal neutrality we're really going to land. And just one example --and I won't go into a lot more, but just one example that I didn't mention last time. With respect to the North Collier Fire and Rescue annual operating impact, it was said in that report, however, a vote on non -ad valorem fire assessment fees is included on the August 28th, 2018, ballot. If approved, the fees will go into effect, blah, blah, blah, blah, blah. And so that was one of the assumptions that had been made that the project will be fiscally neutral. And, of course, as we know, that non -ad valorem assessment failed. It did not pass. So I have -- I continue to have issues with that study that was submitted. I've alluded to my concern over lifestyle signage. And, again, I think County Attorney makes a good point that if you open that Pandora's box, you are going to inevitably encounter lawsuits from people who believe they're being discriminated against for various reasons. And I think it's better to just keep that door closed. I don't think diversity has been met in the context of Collier County today. And I looked up the definition of diversity also during the break, and Merriam Webster, and it was as I expected it would be, fairly locked in time and fairly generalized. But what I want to see is meaningful diversity that -- as it would be addressed to the circumstances and needs of this county, and I don't believe that's been met without something being done for essential services personnel. And those are the reasons why I'm going to vote against it. Thank you. CHAIRMAN STRAIN: Okay. Anybody else? Karl? COMMISSIONER FRY: I guess I have -- I can only compare this in my short tenure here with Rivergrass, which came before us, and I have considerably less concerns about this than I did about Rivergrass for a few reasons. One is that I think they do show, you know, they have multifamily toward the middle, and then they have single-family toward the outside. So there's a changing of the density. It is bordered by -- on two sides by Golden Gate Estates residents who do not want interconnection from their neighborhood into this, speaking as somebody who lives in an urban Estate neighborhood. I have two -- I guess two questions in terms of the deviations of the conditions of the staff. I need to have those repeated so I can be clear on those. But one is, I'm not an expert on the types of buffers that there are, Type B, Mark, you seem to respond that, oh, that's a pretty good buffer. My question is the sensitivity to the concerns of the people that do live across the canal. I understand there's a swale down to the canal, and then there's a swale up from the other side, and so the canal is recessed somewhat. Is a Type B buffer enough to satisfy the aesthetic view concerns of the neighbor? And I guess I would like to solicit the input of my fellow Planning Commissioners, and then I have one other question for your input after that. CHAIRMAN STRAIN: The comment that the speaker made was they wanted to see a 15-foot-wide buffer, which this one is, and they want to have it be at least 80 percent opacity, which this one is. So I'm not sure what else -- COMMISSIONER FRY: They said 20 to 25 feet high, and so I'm not sure about the height -- CHAIRMAN STRAIN: Well, I mean, the stuff will grow after time, but we don't -- they don't go in at that size. I don't -- I don't know if we've ever seen anything go in quite that size. They can put berms -- they are going to put it on top of a two -foot berm, so the plants will always Page 37 of 104 March 5, 2020 be a little bit higher just to begin with. Without rereading the code, I can't remember what height they'll start at. I think it's around 12 or 14 feet or something like that. MR. BELLOWS: It's my recollection, but I could verify that if you'd like. COMMISSIONER FRY: So it would be 80 percent opaque after a year, up to a height of about 12 or 14 feet? Is that -- CHAIRMAN STRAIN: No, up to six feet, I believe. COMMISSIONER FRY: Oh, up to six feet. CHAIRMAN STRAIN: But it will be top of a 2-foot berm, so... MR. BELLOWS: Yeah. COMMISSIONER FRY: So up to eight feet. CHAIRMAN STRAIN: Then you've got the canopies of your larger vegetation showing up, and that's so the brush -- the bushes below the smaller shrubbery will actually fill that space up. COMMISSIONER FRY: So they would have some visibility of the second story of homes for the most part? CHAIRMAN STRAIN: Well, they're also set back 65 feet. So they've got a distance that gives them some latitude there where your line of sight's going to be much shallower. COMMISSIONER FRY: Okay. Unless there are concerns from the other planning commissioners about that, that sounds like a reasonable buffer to me. My other question has to do with, I think -- the way I took Cormac's point was, do they have to build the products that they say they're going to build? Is there anything in the -- in this document in what we're approving that commits them to building the products that they say they're going to build? To me, the products that they say they're going to build do represent a diversity of price ranges and, obviously, with that, income levels that can forward them. So please clarify for me what -- you know, what commitments are in this, if any. COMMISSIONER FRYER: Presumably they would be in the ordinance, would they not? CHAIRMAN STRAIN: They will be. They've got to have a certain amount -- well, here, I can read it to you. The minimum of 300 dwelling units and a maximum of 1,000 will be multifamily. The rest will be of the other mixes that they asked for. So somewhere between 300 and 1,000 multifamily units of the 1,800 residential units. So whatever they don't do multifamily they'll do of the other combinations they have under their principal uses. A minimum of 45,000 square feet of commercial development and a minimum of 18,000 square feet of civic, governmental, and institutional uses in the village center context zone. They can put assisted living in there, and they have a maximum of 5,000 square feet for any recreational buildings and a maximum of 30,000 square feet for wellness and commercial development in the village. COMMISSIONER FRY: So as I interpret that, the diversity's represented by the fact that there are a certain number of multifamily versus single-family. So two different housing types, but no commitment to the price ranges as they have in their affordability study. We are just putting faith in the market forces that the homes that they build will turn out to be in the relative price ranges? CHAIRMAN STRAIN: We're not tying them to any price range that I know of. I mean, their fiscal analysis uses one for a fiscal -neutrality calculation, but they're not locked into that. They can up them or down them, whatever they want to do with them. COMMISSIONER FRY: Then I guess my question is, how is the requirement for diversity of housing types, ages, and incomes met without further commitments? CHAIRMAN STRAIN: I think that's what we've been talking about. I mean, Richard's -- COMMISSIONER FRY: I'm asking your opinions. Page 38 of 104 March 5, 2020 CHAIRMAN STRAIN: Well, my -- I'm not testimony, but, I mean, I've got a problem with the diversity issue, but that's not my biggest issue, so... They're taking diversity as being focused on types of housing. It doesn't say it's limited to that. Diversity could be in the minds of the interpreter. I look at what precedent -setting projects we had. Ave Maria's the only one. Ave Maria set this -- in my mind, provided the precedent for how we look at financial impact analysis and things like diversity of housing in regards to, when they came in, they agreed to limit it to certain amounts of affordability. And, as Cormac said, apparently they have quite a bit still. So that's where we started. Now all of a sudden the argument's being changed because it wasn't as crystal clear as some people think, that it can be meant to mean something different than what we looked at when we did Ave Maria, so... That's -- that's -- things change with times. I'm not -- at this point, without going back and doing extensive research and all the original documentation of which I don't even know how much of it's available, I couldn't answer it any clearer than that. COMMISSIONER FRY: So based on what -- notwithstanding what is yet to be said by yourself, Mr. Chairman, and others, my only main hesitation with the project right now is the fact that I believe there should be some commitment to the price ranges of homes that would be built, because I think that speaks to the requirement for the diversity of income levels, ages, and housing types. If -- housing types, I believe, is covered, but I don't believe ages and income levels is covered adequately in terms of meeting the requirement. But that's really my main concern, notwithstanding what else is said. CHAIRMAN STRAIN: Anybody else? Karen. COMMISSIONER HOMIAK: This is the only -- staff recommendation is the only thing that we have to go on. We either agree to it or not. CHAIRMAN STRAIN: Well, yeah. COMMISSIONER HOMIAK: And -- COMMISSIONER FRY: We put conditions on approval on a regular basis. CHAIRMAN STRAIN: We can condition it. I mean, if you're suggesting you don't -- you think this could be modified in another way better than what Cormac had suggested, by all means, that's our ability. We can make a recommendation to do that. Is that what you're asking? COMMISSIONER HOMIAK: Right. Yes. I mean, this is what we have before us. We can either -- CHAIRMAN STRAIN: Right. COMMISSIONER HOMIAK: -- go with the staffs recommendation or not. CHAIRMAN STRAIN: Or modify it if we have the understanding of how to modify it, if we want to. I mean, this board makes recommendations based on our discussions, and they can coincide with staff or they don't have to. They can coincide with the public or they can coincide with the applicant. It's up to us, what we send to the Board. COMMISSIONER HOMIAK: So we could keep out the 15 percent and just go with the sales price. CHAIRMAN STRAIN: Well, I think -- I don't -- trying to do that here on the fly today, I think, would be a huge mistake. COMMISSIONER HOMIAK: Well, I know. That's why I said, so you have this or not -- CHAIRMAN STRAIN: Well, unless you -- unless you've done something that you've got a product or something you've produced in preparation of this. I don't have one. COMMISSIONER HOMIAK: I wouldn't do that. Page 39 of 104 March 5, 2020 CHAIRMAN STRAIN: I wouldn't either -- (Simultaneous crosstalk.) COMMISSIONER HOMIAK: -- petitioner. CHAIRMAN STRAIN: Okay. Anything else? COMMISSIONER HOMIAK: No. CHAIRMAN STRAIN: Patrick, did you have anything? (No response.) CHAIRMAN STRAIN: Well, that leaves me, and I can -- I have a -- first of all, I don't think the standard procedure for fiscal analysis is what was done in Rivergrass nor what it was done here. I think the FIAM that was originally utilized that Hank Fishkind created was an open -source document that had the ability to change units and values so you could see them, and you can see how a change in absorption rates or using a different person's per household versus persons per unit or a different seasonal calculation affected the fiscal neutrality, so then you could ask for more better questions about it. You could research it better. And then when you get to the point where we're making a decision, we can make suggestions on if something changed this way, we would want to see this done or something like that. By not providing an open document, one that's unlocked, I cannot assess the document and, therefore, I cannot make a recommendation of approval for this project just on that alone, well enough the fact I share concerns with the others over the diversity of housing. I think diversity is much broader in context than what is interpreted by some. I think that the deviations -- and I'm very reluctant to see new deviations occur out in the Rural Lands Stewardship Area since that program was specially formulated for what the landowners wanted and said they could produce out there in order to obtain the same density that the area would have produced if it was all five -acre homes. Obviously, we know all that seems to be changing rapidly. But at this point I know that it was supposed to be a new -town concept, and if the property owners who wanted this so much the way that it would have benefited them to be able to build, I can't see why we need deviations at this point. Excepting those that may have occurred during Ave Maria, I don't want to see the door open for any more. So those are the reasons I couldn't support this to the Board of County Commissioners, and that's the gist of it right there, so... With that, since we're all done discussing, someone needs to make a motion either for or against. If the motion is made in favor, I'd like the motion marker to include the changes that were acknowledged by the applicant as they went through the marked -up document and then make a comment about which staff recommendations -- excepting Staff Recommendations 2, 4, and 5, which have been dropped, where they are in the staff recommendations. So with that, I'll turn to the rest of you for a motion. Karl, you look puzzled. COMMISSIONER DEARBORN: Mr. Chairman, just -- I'd like to hear -- if staff would comment again on exactly what deviations they're making -- recommendations they're making, then I think we can make a motion. CHAIRMAN STRAIN: So, Tim, I think, there's 12 deviations -- or, oh. Deviations or recommendations? COMMISSIONER DEARBORN: Recommendations. CHAIRMAN STRAIN: Recommendations. There's 12 recommendations. It's my understanding you guys are sticking by all of them except 2, 4, and 5. MR. FINN: Except 2, 4, and 5, that's correct. CHAIRMAN STRAIN: Okay. Does that clarify it, Patrick? COMMISSIONER DEARBORN: (Nods head.) Page 40 of 104 March 5, 2020 CHAIRMAN STRAIN: Okay? Is there a -- COMMISSIONER FRYER: I make a motion. CHAIRMAN STRAIN: Go ahead, sir. COMMISSIONER FRYER: I move that we accept and adopt as our own staffs recommendation for the reasons that it noted in its 12 points and, in particular, I am most concerned about the applicant's failure to come up with a viable solution to Points 10, 11, and 12, also the lifestyle signage, and I think the fiscal -neutrality argument is replete with miscalculations and flawed assumptions. CHAIRMAN STRAIN: Okay. So there's a motion made for denial with those comments. Is there a second? (No response.) CHAIRMAN STRAIN: I'll second the motion. Further discussion? Does anybody want to discuss this matter any further? (No response.) CHAIRMAN STRAIN: Okay. With that, I'll call for the vote. It's a motion to recommend denial. All those in favor, please do so by raising your hand and saying aye. COMMISSIONER FRYER: Aye. (Raises hand.) CHAIRMAN STRAIN: Aye. (Raises hand.) COMMISSIONER DEARBORN: Aye. (Raises hand.) CHAIRMAN STRAIN: Three against. All those in -- COMMISSIONER CHRZANOWSKI: (Raises hand.) COMMISSIONER FRY: Aye. (Raises hand.) COMMISSIONER HOMIAK: (Raises hand.) CHAIRMAN STRAIN: Three in favor and three against. So it's a tie vote. We can send it to the Board with a tie vote, which is basically a no vote. MR. KLATZKOW: You will be a recommendation 3-3. CHAIRMAN STRAIN: Okay. That will wrap it up. Thank you all for your time on this matter. We appreciate it. CHAIRMAN STRAIN: ***Okay. Ladies and gentlemen, if you're here for the Hyde Park one, please exit so you can have your conversations in the hallway. And with that, I'd like to announce the next two items that we'll be talking about. They'll be discussed concurrently, but they'll be voted on separately. ***The first one is PL20180002621. It's for the change to the Golden Gate Estates sub -element on the --for a project social --yeah. It's called the Naples Senior Center. There it is. It's not highlighted. Oakes Boulevard and Autumn Oaks Lane with -- approximately 350 feet south of Immokalee Road, and the second one is for PL20180002622. It's for the same location, but that's the Planned Unit Development for the zoning. All those in -- wishing to discuss this item -- no. All those wishing -- who are here to discuss this item, please rise to be sworn in by the court reporter. If you're going to speak on this item, please stand up, if you're going to speak on the senior living. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: We'll start disclosures with Stan. COMMISSIONER CHRZANOWSKI: Yeah. The usual collection of emails, pro and con, conversation with Rich Yovanovich, and I'd like to discuss that -- or disclose that I am one of the two oldest members on here. I'm 73. I'm a senior citizen. I'm also one of the -- CHAIRMAN STRAIN: He's the second one. COMMISSIONER CHRZANOWSKI: -- the two youngest members of the Reserve Officers Association of Collier County. They're all senior citizens. Page 41 of 104 March 5, 2020 My wife's a senior citizen. All 11 of her living brothers and sisters are senior citizens, and the guys I canoe with are senior citizens. CHAIRMAN STRAIN: Stan, you're going way beyond disclosure here. COMMISSIONER CHRZANOWSKI: I don't know that any of that pertains, but I figured I'd get it out. MR. KLATZKOW: You're a senior citizen. COMMISSIONER CHRZANOWSKL• I am, yes. MR. KLATZKOW: Very good. CHAIRMAN STRAIN: Oh. Go ahead. COMMISSIONER FRY: I have a couple. CHAIRMAN STRAIN: Karl. COMMISSIONER FRY: I was formerly, when we were first approached by the Naples Senior Center, Mr. Passidomo, in 2018 I was then president of the Naples -- of the Oakes Estates Neighborhood Association. I was part of a group that visited Naples Senior Center for an initial presentation. I was on the board when we invited them to come and present to us. I don't remember if I was there for any -- if they did additional presentations, a second presentation at the board. About two weeks after I was appointed to this commission I resigned from my position on the Oakes Estates Neighborhood Association. Since then I've attended one Oakes Estates board meeting six, seven months ago, and I attended the first of the two NIMs. I have had conversations with Mr. Yovanovich; with Mr. Ellis, the current president of the Oakes Estates Neighborhood Association; Mr. Palladino, another Oakes board member, called me. I had a conversation with him. I live in the neighborhood, and so, therefore, people have asked me on the street about this project, and my position has been that after taking this role, 1 have pledged to be objective, as I do on every issue, to come in and listen -- to read the packet, conversations, but also to listen to all the information that's presented by the applicant, public speakers, and then make what I think is the right decision weighing all factors. MR. KLATZKOW: Does anybody in this room object to Commissioner Fry hearing this matter? (No response.) MR. KLATZKOW: That is a no. COMMISSIONER FRY: Okay. CHAIRMAN STRAIN: Ned? COMMISSIONER FRYER: Usual, public record materials, as well I have met with Mr. Yovanovich and Mr. Passidomo. I've had a telephone conversation with Mr. Ellis, and I have had meetings with staff. CHAIRMAN STRAIN: Okay. COMMISSIONER FRY: Mr. Chairman, I forgot one disclosure. I did -- back when I was still associated with the Oakes Estates Neighborhood Association did have a couple of phone calls with Mr. Passidomo regarding follow-up on their presentations. CHAIRMAN STRAIN: Okay. This goes back a ways. I had met with the property owners -- I believe they were the neighborhood property owners -- a long time ago when they were looking to figure out what they had to do for zoning or how this fit into what they wanted to do. Not this facility, because at the time I don't think they had any ideas for this. And I don't remember their names. It's been a long time. I know that we had subsequent conversations when I was working in the Developmental Services building with staff over -- especially David Weeks as how this was looked at, to what Page 42 of 104 March 5, 2020 extent it was grandfathered in, to what extent they needed a zoning change. And I can't remember if I had any discussions with Rich Yovanovich on this. I don't think we did. I'm trying to think. Oh, I attended the Oakes citizens advisory -- what is the name of that organization? COMMISSIONER FRY: Oakes Estates Neighborhood Association. CHAIRMAN STRAIN: Yes. Tuesday night I was there for a specific reason. Had nothing to do with this, and this was just mentioned, and the -- on the agenda items as things that was -- they were coming up, and they're trying to make sure people showed up for today's meeting, but I didn't participate in that discussion. And then I have had communications with various members of the public that live in the neighborhood, and I've received a pile of emails from people both for and against. I forwarded all those to staff. I think that's everything I can remember. Go ahead, Karen. COMMISSIONER HOMIAK: I've received many emails both for and against, and I spoke to Mr. Yovanovich. CHAIRMAN STRAIN: Go ahead, Patrick. COMMISSIONER DEARBORN: For the record, not a senior citizen yet. In eight years I will be. Number two, various emails for and against. Nothing else. CHAIRMAN STRAIN: Just out of curiosity, how senior -- because, you know, how senior do you have to be to be senior? COMMISSIONER DEARBORN: I've been informed 60. CHAIRMAN STRAIN: Oh, my God. COMMISSIONER HOMIAK: I'm a senior citizen, too. CHAIRMAN STRAIN: I think I'm ancient. MR. KLATZKOW: And when you're 60, it's 65. COMMISSIONER FRYER: I have a further disclosure to make. I'm also 73 years of age, but I read at the 74-year-old level. COMMISSIONER CHRZANOWSKI: And I have another disclosure to make. CHAIRMAN STRAIN: Uh-oh. COMMISSIONER CHRZANOWSKI: Yeah. Terry Metzger, who owns Cypress Cycle, used to fix my motorcycle. So I called him when this came up because I was wondering why he wasn't part of the parcel and how he felt about it. CHAIRMAN STRAIN: Okay. With that, we'll turn it over to Rich Yovanovich. MR. YOVANOVICH: Before we start, I was taken a little caught off guard by the request, "do we have any objection." And I've known Mr. Fry for a long time, so, please -- please don't take this any way other than if I were doing jury selection, the judge would not let you be on the jury. I would easily be able to strike you, because as hard as you may try to be objective, when you live in that neighborhood and you have to answer to all of those residents within that community, I think it's going to be difficult for you, unless you're an extraordinary person that most of us are not, to truly listen to this with clear objectivity and vote on this with clear objectivity. And I don't really -- I don't take this lightly. I really request that you do not participate on a vote on this matter. CHAIRMAN STRAIN: He's directing it to -- COMMISSIONER CHRZANOWSKI: I know, but I just would like to second what he says. I don't want to put him in the position of taking a vote on this. CHAIRMAN STRAIN: We don't abstain from voting because someone doesn't want us to vote. We are supposed to abstain from voting if we have a financial impact from the result of our vote, and I don't know -- Page 43 of 104 March 5, 2020 (Simultaneous crosstalk.) MR. KLATZKOW: The issue is it would -- CHAIRMAN STRAIN: -- rises to that level. MR. KLATZKOW: You guys are all volunteers. The last thing you need to do is somebody, you know, file a complaint against you when you're just doing a civic duty here. Commissioner Fry, you can abstain based on an appearance of impropriety if you want to. I asked that question to protect you. COMMISSIONER FRY: Based on what? MR. KLATZKOW: Appearance of an impropriety. I asked that question because 1 didn't want later, depending upon how the vote went, you be criticized. There's been an objection that you hear it. My suggestion is that you don't hear it. COMMISSIONER FRY: When you say that, are you suggesting that I leave the room, or what exactly are you -- what are my options, I guess? MR. KLATZKOW: You can either -- you can hear this and not vote if you wish. COMMISSIONER FRY: And not speak at all? MR. KLATZKOW: Not speak, not vote, okay, just basically be a pumpkin up there and listen to it, or you can take an early lunch. And, you know, we have other matters. CHAIRMAN STRAIN: A couple hours. MR. KLATZKOW: We have other matters today, though. I think this is going to probably go through -- UNIDENTIFIED SPEAKER: Or he can vote. MR. KLATZKOW: He can, but then he's putting himself in jeopardy, and you know what? I'm just hereto protect you. You know, it's up to you. You don't have a financial interest in this. Technically I believe you can vote but, you know, do you want that cloud hanging over you? COMMISSIONER FRY: Let me tell you what I had planned to do or how I had planned to handle this situation. Admittedly, it's a very personal situation for me, as I do know a lot of people involved in this. I plan to listen, and I plan to state my observations both ways. I had planned to vote. And I was proposing this based on an assumption. The assumption is that I'm not making it a secret that I live in Oakes Estates, I'm not making a secret that I have some history with the project. That's about 15 months ago since my main involvement, and that the County Commission -- there are other commissioners on this commission are able to assess what I say based on the knowledge that I live in the neighborhood and discount it, take it for what it is in any way that they so choose. I also believe the county commissioners are mature professionals that would understand that I have a potential -- or I have a past history, and they also would make their own decision as to whether to discount what I have to say or not or put some weight into it because I do live in the neighborhood and have a little bit of additional perspective that other people on this commission do not. I have to assume there are times where issues come before this commission that do directly impact one of these commissioners. I do not feel personally impacted by this project. I do not feel -- I have no financial stake in it. I do not feel that where I live it has any impact on me in terms of the property value of my home. I believe it's one of many issues we've faced in the neighborhood that have to be discussed and vetted. And so I guess I would yield to additional viewpoints in terms of I'm willing to -- sitting here like a pumpkin does not seem like a particularly good -- MR. KLATZKOW: Commissioner Fry, there's no profit for you hearing this. Look, Page 44 of 104 March 5, 2020 we've gone through a lot of Planning Commission meetings. This is, for reasons which escape me, a controversial matter, and there's no profit for you sitting here and hearing this, for you to get excoriated later with or without any cause. CHAIRMAN STRAIN: I think he's recommending that you step down. COMMISSIONER FRY: I think you're recommending that I -- MR. KLATZKOW: I think I'm recommending -- COMMISSIONER FRY: -- recuse myself. MR.KLATZKOW: --that rather than be a pumpkin, you just -- COMMISSIONER FRY: Leave the room. MR. KLATZKOW: Just enjoy the break. COMMISSIONER CHRZANOWSKI: Excuse me. Jeff, what's the problem with him adding to the meeting by talking? COMMISSIONER FRY: Without voting. COMMISSIONER CHRZANOWSKI: Without voting. MR. KLATZKOW: Because, look, either you're in or out, all right. COMMISSIONER FRY: If that's your -- I did come to you long ago and -- MR. KLATZKOW: Yeah. I'm trying to protect you, sir. I mean, you know, I don't think it would be -- I don't think it would be any merit -- CHAIRMAN STRAIN: Ma'am, you can't contribute from the audience. So please don't. MR. KLATZKOW: I don't think there would be any merit to the criticism. Having said that, I've been in this community a long time. I've seen articles in the Naples Daily News excoriate a planning commissioner for having lunch together. It's -- among other things, it's -- I don't think, for what you're being paid to do this, is -- this is worth -- this is worth it. COMMISSIONER FRY: Will I still get paid for today? MR. KLATZKOW: You will get -- you will still get your normal stipend, yes. COMMISSIONER FRY: I think -- listen, I mean, I feel -- I feel somewhat betrayed by the outcome because I'm here in good faith. I took this role in good faith. I do not think this is right. I will yield to the advice of the County Attorney, and I will exit the room. But I -- you know, I came here, intended to do my duty with the full knowledge. Anybody else can discount or take it -- what I say into account, but I will honor your legal recommendation. MR. YOVANOVICH: He can participate as a member of the public, though; he can speak. I want you to know -- MR. KLATZKOW: Rich, you're the one who's objecting here. CHAIRMAN STRAIN: Richard, if you take --if you withdraw your objection, maybe that will settle it. MR. YOVANOVICH: No. I just want to make sure he knows he also has the right as a public person to speak under the public. MR. KLATZKOW: Commissioner Fry, go home. I mean, that's my recommendation. COMMISSIONER DEARBORN: Chairman Fry, thank you for your good -- you're a good citizen for -- I'm not weighing in, but I feel bad for you in this position, man, but I respect you for saying what you said, all right? COMMISSIONER FRY: All right. Goodbye. CHAIRMAN STRAIN: Thanks, Karl. (Applause.) CHAIRMAN STRAIN: With that, I guess the presentation's yours. Ladies and gentlemen, we can't -- please, we've got to run forward here. Go ahead, Rich. Page 45 of 104 March 5, 2020 MR. YOVANOVICH: All right. Can I at least wait for him to pack up? Can we take a five-minute break -- since there was the last item? CHAIRMAN STRAIN: This isn't the last time. MR. YOVANOVICH: No. Since I was on the last item, I'm only asking if I can have a five-minute -- CHAIRMAN STRAIN: Yeah. You can have a five -- a potty break they call those? Yeah. Let's come back at 11:45. We'll work -- MR. YOVANOVICH: If you don't mind. (Commissioner Fry left the boardroom for the remainder of the meeting.) (A brief recess was had from 11:38 a.m. to 11:45 a.m.) CHAIRMAN STRAIN: Richard, all this commotion is your cause, so are you -- MR. YOVANOVICH: I'm ready. CHAIRMAN STRAIN: Do you feel better now you've had a five-minute break? MR. YOVANOVICH: You know, I am 14 months away from being a senior citizen, so I needed that. CHAIRMAN STRAIN: You mean senior senior. MR. YOVANOVICH: No, no, no. We qualify. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: According to Mr. Dearborn. CHAIRMAN STRAIN: Just so the audience knows, we break at noon for lunch. We're going to be here till late this afternoon, so we are going to have a lunch today. We're going to be close to noontime to break again, and it won't be five minutes, though. It will be one hour. And we have been here since this morning, and we're going to be here till late this afternoon, and that's the way our meetings are -- COMMISSIONER HOMIAK: They came by bus. CHAIRMAN STRAIN: I can't help it. COMMISSIONER HOMIAK: Maybe we could let them speak. CHAIRMAN STRAIN: Well, I tell you what. I'm going to go to lunch at noon. You guys can continue if you want. Go ahead, Rich. You want your presentation? MR. YOVANOVICH: If I'm allowed to go forward, I'd would like to do that, yes, sir. CHAIRMAN STRAIN: Absolutely. MR. YOVANOVICH: Still good morning. For the record, Rich Yovanovich on behalf of the Naples Senior Center. The CEO and president, Jackie Faffer, is going to be making a presentation. There are numerous board members here that will, I understand, be speaking during the presentation, so I'm not going to introduce them individually. The remainder of the project team besides myself is Wayne Arnold, who's the professional planner on this project; Jim Banks, who's our transportation engineer; Michael Herrera is our professional engineer; Tyler King is our biologist; and Renee Zepeda is our architect, and they will -- Mr. Banks and Mr. Arnold will be making a presentation, but the remainder of the people will be here to answer any questions you may have. As you will hear from Jackie and the remainder of our team, the senior center provides much needed services to a rapidly growing population in Collier County, obviously, seniors. It's undisputed that seniors are underserved in Collier County. Senior services are, like childcare services, are an essential service and must be provided by someone in Collier County, and the Naples Senior Center has gladly taken on that role, and you'll hear that role has expanded since it originally opened in 2014 with 80 members, and over 1,400 members now. Page 46 of 104 March 5, 2020 If you've been to the Costello Drive location, you'll quickly realize that that space has been outgrown, and a permanent home is necessary to provide services to this growing population. It has not been easy to find a location that meets the needs and provides the services to seniors. It's been a two- or three-year process to get to this location. You will hear from Jackie and from other members just how high the standard of service is that are being provided by the Naples Senior Center, and not just any location would suffice to provide these services. I'm sure you will hear that we could go somewhere else and we can provide services, but we can't go somewhere else and provide the quality of services that the Naples Senior Center currently provides and wants to provide in the future. I'm sure those of you who are familiar with the Collier County Growth Management Plan will know that there is not an available parcel of land in the location necessary to provide the services that the Naples Senior services [sic] currently provides and plans to provide in the future. We are not a commercial use, and people who try to fit us into the commercial use and say we should be in an activity center are misguided on the mission of the Naples Senior Center and the services that are provided. We can't go in an activity center. We can't go in a crowded shopping center and take over an abandoned grocery space. That's not the mission of the Naples Senior Center, and that's not the quality of services that the Naples Senior service wants to provide. Because of the lack of space, we're naturally in front of you with two petitions. The first petition, briefly, is to create a new subdistrict under the Golden Gate Area Master Plan to allow for up to 30,000 square feet of building for senior services. Those services are limited to senior services. You can't creep into some other commercial use. When you look at the subdistrict, it is very clear it's for senior services, and that's on about 8.6 acres of the total 13.6-acre parcel. The second petition very briefly is a petition to rezone the property to a community facility PUD. Again, the uses allowed on that property are limited to senior services. They're not commercial uses. No other use can happen on that property. I just want to make it clear that there's people who are saying, what happens if the senior center fails? We're confident that that's not going to happen. But at some point in the future if there's a change in use, if we're successful, they'll have to go through -- whoever wants to change the use will go through the very same process we're going through today: Amend the Comprehensive Plan and amend the zoning. That is not an easy task, as you know. So the fear that somehow what we build will somehow morph into something else is an unrealistic fear and not supported by the process that is required and the neighborhood involvement that will be required to change it to somehow a different type of use. I want to introduce -- because I want to make sure Jackie has adequate time before you take a break -- Jackie Faffer, the CEO of the Naples Senior Center, for her remarks and a short video that she has with those remarks, and then I'll get back up here probably after lunch and go through the details of the petition -- CHAIRMAN STRAIN: Okay. Just so everybody knows, after the presentation is finished, we go back to our staff. This case, we have two staff reports, one for Comprehensive Planning and one for Zoning staff, and then at that point we'll go to public speakers. And because there are so many public speakers registered, you will be -- we'll stick to the adherence of a five-minute discussion, no more than. And if you can simply acknowledge the prior speaker's actions and you agree with them or disagree with them, that would be -- shorten the time even further. We'd like to get done with this today. We can only do that if we can get through everybody today, so we'll do our best. And, unfortunately, I know that lunch is something that not everybody needs, but we usually take -- we take a break every single meeting at noontime. So, ma'am, it's all yours. Page 47 of 104 March 5, 2020 DR. FAFFER: Thank you. Chairman Strain and Commissioners, thank you very much for the opportunity to present our vision for the new Naples Senior Center. This project is of utmost importance to serving our 1,400 members who are the older adults and seniors of Collier County and who have only our center to provide the professional services and programs you will hear about today. And since we mentioned age, I will tell you that our membership ranges from 60 to 105. Let me talk with you about our mission for serving our community seniors and why this location uniquely accommodates Naples Senior Center's vision for how to do that in the best way possible. I'd like to start with some history. In 2012, I was asked by a professional colleague in the northeast for assistance in locating a senior center for his mother in Naples. I was stunned to learn there wasn't one. No therapeutic and social programming for one of Collier County's largest demographics and vulnerable populations. I, therefore, worked with FGCU on a needs assessment which identified the overwhelming loneliness and isolation of seniors in Collier County. As the then head of the social work division summarized, older adults are alone and lonely. With the support of a dedicated board of trustees, we raised philanthropic funds to open our center in January 2014. We had 80 members when we opened our doors on Costello Drive, and the first person to walk through those doors came up to me and told me that her husband passed away three years ago, and our opening lunch program would be the first time she shared a meal with others since his passing. Just six years later Naples Senior Center has become an integral part of the social services fabric of our community. Though the demand has been robust and our membership has grown to 1,400, we control the number of people who attend at any given time by requiring registration for programming and establishing satellite locations. Let me share with you what we do with our staff of 20 professionals and generous numbers of volunteers every day in small -group activities at the Naples Senior Center. Everything from chair yoga to arts and crafts to music sessions and so much more. Please direct your attention to the schedule on the screen, and I will walk you through a day of programming. A Tuesday. Staff and volunteers arrive between 8:30 and 9:00. Between 10:00 and 12:00 in the senior center, we have Tai Chi classes, a Spanish class, brain boosters and art class, a ZIP code party for people to socialize with neighbors, and a bereavement group, all small groups between 10 and 25 members. Between 11:00 and 3:00, we have more art and exercise classes, a book club, a computer class, dance, and a sing -along. Those activities have between 10 to 35 attendees. Also during that time we have cards and mahjong with a maximum of 70 participants. On the second floor, between the hours of 10:30 and 2:30, we have a maximum of four dementia respite groups with a total attendance, including staff and volunteers, of 72. By 3:30, programming ends and members and volunteers leave. Let me take a deeper dive into our programming. We have the only dementia respite program in the entire county where dementia patients participate for four hours of structured therapeutic activities while their caregivers get much -needed respite to run errands and care for themselves. Naples Senior Center has a geriatric case management program through which professional case managers work with frail seniors to enable them to age safely and with dignity in the community, often avoiding nursing home placement. To give you a clearer picture of what happens at Naples Senior Center, I would like to show you a very brief video. (Video being played.) Page 48 of 104 March 5, 2020 "It is estimated that one out of every three seniors in the United States wakes up every morning feeling isolated or lonely. Research has shown that seniors who feel this way have higher rates of heart disease, are more likely to develop Alzheimer's disease and more prone to live with depression and anxiety. Naples Senior Center opened its doors as the first senior center in Collier County in January 2014 to ameliorate senior isolation and loneliness. Since that time, membership has increased from 80 to 1,400. Programs have developed and expanded to meet the needs of our local seniors. The first program offered when Naples Senior Center opened its doors in January 2014 was Lunch and More, a weekly hot lunch followed by engaging entertainment or informative lectures. Classes in a variety of art mediums stimulate creative expression and provide the members with a sense of achievement. Senior center members, many of whom have never picked up a paintbrush or pastel, see their artwork displayed and, in a few instances, shown in juried art shows and even sold. Naples Senior Center members, so appreciative of the opportunities given to them, also recognize the importance of giving back to the community. They look forward to painting bowls for the Empty Bowls program addressing food insecurity in Collier County. The members participating in NSC's needleworks program knit and crochet lap robes and shawls for women undergoing treatment for breast cancer at Naples Community Hospital and Lee Memorial Health System, and caps for children undergoing chemotherapy. Naples Senior Center partners with many non-profit organizations in the community to provide important information to our seniors. One of the organizations is Shine, which helps older adults better understand what is available to them through the various Medicare programs. We all know the importance of healthy activity at every age, but particularly as one gets older. Naples Senior Center has vibrant and varied wellness activities engaging to fit every level of physical capacity. These activities include Tai Chi, line dancing, chair exercise, and yoga. The Alzheimer's Association states that one in nine individuals over the age of 65 will be diagnosed with dementia. Is it any wonder that five years ago NSC had one dementia respite group and today there are 10, including three on Marco Island. Through this four-hour structured group facilitated by a clinical social worker, participants are engaged in activities that stimulate their minds and their spirits while giving their caregivers four hours of respite to take care of themselves. One of the highlights is music therapy facilitated by a credentialed music therapist. The enjoyment of music is universal. Senior Center members participate in sing-alongs and HUG, the happy ukulele group. Like everyone, seniors come to depend upon technology. NSC offers computer classes and special classes on smart phones and tablets. Please visit us and experience the connections we create Monday through Friday from 10:00 a.m. to 3:30 p.m." DR. FAFFER: I know you've reached your lunch hour. I will wrap up very quickly, if you'll allow me. Research has shown that isolation and loneliness seriously impact the health of seniors, often leading to depression, significant medical conditions, and even death. In fact, a 2015 study at Brigham Young University found substantial evidence that individuals lacking social Page 49 of 104 March 5, 2020 connectedness are at risk for premature mortality. As a doctor of social work and with Collier County's demographics being what we are, I believe we are on the precipice of a health crisis. Our programs and activities provide a portal through which we identify physical, emotional, social, food insecurity, and financial needs and develop individual programs to address these sometimes life -threatening situations. All of this time, Naples Senior Center has relied upon the generosity of our donors and private foundations to fund our operations, staffing, and programming. That is more than $3 million each year to care for seniors in our community, and this care is not supported by Collier County tax dollars. We now operate a satellite program in Marco Island for our dementia respite services, and we see the future of our service delivery model to be additional satellites in fast-growing parts of the county; however, we need a new center to accommodate the core of our membership right here in Naples. So why is this new location perfect for us? This location is large, more than 13.6 acres of land. This will finally enable us to provide therapeutic programming in a therapeutic setting. We can incorporate gardening activities, walking paths, outdoor Tai Chi, and simply getting our members outside to enjoy the sunshine and the significant health benefits of being in a natural, beautiful setting. The size of the space means we can have these passive activities at the same time we have ample room for our center and parking, as well as deep setbacks and generous landscaping buffers all around the site to ensure we are compatible with the neighborhood. The vast majority of our programming is scheduled between 10:00 a.m. and 3:30 p.m. outside busy morning and afternoon peak commuting hours. Our members, forgive me, are elderly. They are not interested in early mornings or late afternoons, and they certainly aren't interested in evenings or weekend programming. We never have offered on -site programs on evenings or weekends, and we have guaranteed through our applications to continue only offering weekday programs during limited hours. This further ensures our compatibility at this location. The site is central to the majority of our members and volunteers immediately adjacent to a major thoroughfare and accessible via I-75. We have pursued alternative locations over nearly three years of searching for a permanent home. For various reasons, these locations were not appropriate for us or available to us. And as challenging as this process has been, we have now found the ideal location for Naples Senior Center, and it is at the corner of Valewood Drive and Autumn Oaks Lane. We are dedicated to being a good neighbor at this location, and we are thrilled that so many of our immediately adjacent neighbors have welcomed us with open arms saying they even want to volunteer. We are committed to doing whatever we can to ensure that our use of this beautiful site is compatible with its surroundings. We care for your parents, your neighbors, your aunts, your uncles, and your siblings. We need a location that will allow us to continue providing these essential services to a vulnerable population, often at their times of desperate need. Collier County has long lovingly embraced childcare services as essential to the well-being of our entire community. We believe that the senior care services we provide are just as essential to the quality of life we all enjoy in Collier County. We simply want to celebrate and care for seniors in Collier County in the same way Collier County celebrates and cares for children. We, therefore, respectfully request your recommendation of approval of our applications. Thank you for your time and consideration. Page 50 of 104 March 5, 2020 (Applause.) CHAIRMAN STRAIN: Thank you very much, ma'am. Okay. Ladies and gentlemen, we are going to go forward with our break at this point. I do have a question of the County Attorney's Office. Karl lived in a neighborhood and, as a result, he was -- he's left. Several of us are seniors. Do we need to leave? MR. KLATZKOW: If I said something, you might forget. CHAIRMAN STRAIN: With that, ladies and gentlemen, we'll be back at 1:10 and resume. (A luncheon recess was had from 12:06 p.m. to 1:10 p.m.) CHAIRMAN STRAIN: Ladies and gentlemen, welcome back from our lunch hour. Now that we're all full and comfortable and, Mr. Yovanovich, if you don't need another break, why don't we go forward with your presentation. MR. YOVANOVICH: I think I'm a protected class. I'm not sure you're allowed to talk to me like that. Mr. Strain, welcome back from lunch. The board for the Senior Center established guiding principles in finding the right location for a permanent home for the Naples Senior Center. On the visualizer, or on the screens, are those guiding principles: A central location for existing and future members, a stand-alone building opportunity, five -plus -acre site to accomplish all of the desired services, a pastoral setting in a noncommercial location and, as Jackie mentioned, open spaces for gardening, walking, and meditation and, most importantly, compatibility with surrounding uses. We are going to spend a lot of time going through the compatibility of what we're proposing with those surrounding uses, but I want to take you through each of the guiding principles briefly, and then I'll turn it over to Wayne to address the planning principles. As you've seen before, the location that we're talking about, these 13.6 acres, is outlined in yellow. It's of a sufficient size to meet both the requirement for the 35,000-square-foot building but as well as the outdoor activities that we're proposing to use on the site. Importantly, we wanted to be centrally located to where the current members are and where the future members are. On the screen is the number of members that we have by ZIP code location, and you can see the star is the location of the property. And we are ideally located to serve our current and what we believe will be the projected future membership, understanding that as membership grows, we will be providing satellite services like we do on Marco. But this was a great location for the current membership and projected growth that we see within the urban area. Safe and convenient access was paramount to our members, and we have multiple lighted intersection to provide safe and convenient access. There's access at -- at both Valewood and Oaks -- I'm sorry -- Valewood and Autumn Oaks at Immokalee Road is a lighted intersection, and then south is the access that we have from Vanderbilt Beach Road. There's a lighted intersection there with Oakes Boulevard. So people who are traveling east or west will be able to get access at a lighted intersection. Those who are coming from within the neighborhood or using Oakes as the access will have access at Oakes and Autumn Oaks, which already has an existing right -turn lane for safe and convenient access. So the access criteria was met by this site. With regard to compatibility and other factors, I don't know if you've all seen what the current use of the property is. These are some photos that show that -- the current warehouse on the site. And I don't think anybody can dispute that the proposed Naples Senior Center -- and I will show you the architectural rendering -- is an upgrade to what's there today, and we've heard many people say they really would like the Naples Senior Center to be their northern entrance to the Oakes community. Page 51 of 104 March 5, 2020 To our south is the existing motorcycle repair shop. So our northern neighbors, based upon this conceptual rendering, you'll see a church to our north, a church to -- diagonally from us. You have a county pond, and you have commercial zoning to our right. That's all of our northern neighbors. And on the south is the access to -- I'm sorry -- the motorcycle shop. We've laid this site out -- and Wayne will get into greater detail -- to make sure that the preserve area, which is the five -acre portion of this, is adjacent to our residential neighbors. You will see that we have a large preserve area with enhanced buffers around the entirety of the property to provide further buffers to our neighbors, and you'll see the sightlines that you will basically not even be able to see this property. This is the rendering of what we propose to build on the property, and you can see that this Naples center is committed to first-class services for the residents. Importantly, we had two neighborhood information meetings, and we received input from the community as to what their concerns were. And we've taken every one of those concerns into consideration other than the one "just go away." That was one we didn't agree to. But we knew there were concerns about traffic. And as Jackie mentioned, we have agreed to limit the hours of operation. We're a weekday use. Employees from 8:00 to 6:00, programs from 9:30 to 4:00 p.m. No Saturday or Sunday activity whatsoever. We agreed to enhanced buffers along Oakes, along Autumn Oaks, along the eastern and southern perimeter of the property, and we agreed to at least a 100-foot-wide preserve along the east and southern boundaries of the property. We also are agreeing, and will add to the PUD, that parking lot lighting will be limited to a maximum of 15 feet in height and must utilize full cutoff -- full cutoff shielding to make sure no light spillage over into our neighbors. All programs will be by appointment only. We've limited the open -space uses to quiet outdoor activities. We've agreed at lunch -- because this was a concern that people had -- the biggest activity we have is currently the Wednesday lunch, and there was concern about what would be the traffic of people leaving. Well, not everybody leaves at lunch when lunch is over, but even though we have studied the intersection, we don't believe there will be any issues with stacking on Valewood or Autumn Oaks, we've agreed to provide law enforcement during the lunch dismissal so we can assure that people leave the site in an organized fashion to make sure there's no stacking issues on Valewood or Autumn Oaks. We've agreed to provide sidewalks along the project frontages at Autumn Oaks Lane and Oakes Boulevard. We've also agreed to limit the participation to 485 people per day, and that's employees, volunteers, and program participants. And we've agreed, if the county staff wants it, that we will provide, on a monthly basis, proof that we're complying with our commitment to no more than 485 people per day, because everybody registers, everybody checks in, and we can easily verify for the county that we meet those requirements. I'm going to turn this over now to Wayne for him to take you through in greater detail the master plan and how we meet all the guiding principles for the site selection as well as compatibility with the neighborhood. After Wayne we'll go ahead and open it up to questions. Mr. Banks is here if you have any questions regarding transportation. The TIS is in the backup. Don't want to be too repetitive. And with that, we'll turn it over to Wayne. MR. ARNOLD: Thank you. Good afternoon. I'm Wayne Arnold, certified planner with Q. Grady Minor & Associates. And what I'm going to start off with is to talk to you a little bit more about the project location. So the exhibit that I've placed on the screen highlights what's going on immediately around our subject property. Our subject property's labeled with the sign that says "subject Page 52 of 104 March 5, 2020 property" but, as Rich pointed out, our most immediate neighbor to the north is the First Congressional Church. Diagonally across to the west is a church. As Rich pointed out, there's a warehouse and storage building that's an old nonconforming use that's on the subject property. To our south is the Cypress Cycle Shop. All this property was formerly zoned commercial, by the way. And you have the cycle shop that's there that repairs ATVs and off -road vehicles as well as motorcycles. There's another church diagonally to our southwest, and there's another church on Autumn Oaks Lane to the east, and there's the Southbrooke commercial PUD to the northeast of our property that touches our common property boundary, and farther to the east on Immokalee Road and on Autumn Oaks Lane is another church. So from our perspective, we characterize this as truly an institutional area, and from our perspective this is not an immediate residential neighborhood. As Rich said, our most immediate neighbor is a cycle shop and a church and will continue to be after we move forward with the project. This shows -- on the top left is an image of the church. It's immediately across Autumn Oaks Lane. Rich already showed you a picture of the warehouse building to the right, and to the south is the Cypress Cycle. Hopefully you -all have driven the area and have a good sense for what it feels like to be in that area. So we're changing the Golden Gate Area Master Plan. We want to create our own subdistrict for about 8.6 acres. We want to rezone all the 13.6 or 13.7 acres to be a community facility PUD. And the five easternmost acres that we have on our site are relegated to open -space uses or preserve only. That is a limitation that's in our PUD and our master plan. This is the subdistrict language. I'm not going to read all of it, but this highlights that we can have up to 30,000 square feet of floor area, we have limitation for senior services, a two-story habitable limitation on building heights, and that we are required to go through a PUD zoning to obtain anything in this subdistrict. Our PUD proposes uses that are principal uses, and we've outlined them here. They're related to social services, and these are activity centers for elderly, adult day care, senior centers, family counseling services, old -age assistance outreach programs, senior citizens association. I think the video that Jackie showed you highlights exactly what their activities are on a daily basis, whether it's exercise, counseling, or the luncheon socialization programs. That's what we're here to do. We also included in our PUD document a list of prohibited uses, and that includes things like soup kitchens and homeless shelters. For some reason, there's misinformation, even though we think we've well informed the neighbors, that somehow we're a residential use. We have no residential overnight use whatsoever of the property. There's no residents associated with this as a permitted use. So we clearly put that in our prohibited uses. We're not a public welfare office. We're not an offender rehabilitation agency. We're not a refugee service, and we're not a religious facility or a church. So those are clearly things we've spelled out. And I know that -- I think in conversations that Rich may have had with others, you know, the question is, are we willing to somehow limit our proposed uses to only those that we've specified and not some other listing of uses. And we're certainly willing to do that. We feel confident that our list of uses covers everything that the Naples Senior Center needs to do now and in the future. This is the proposed master plan that's in your packet. And I'm going to take you through some of the key features. We have two access points on Autumn Oaks Lane. One aligns directly with the Valewood intersection that you've seen and heard about. We've placed the building in the center of the site far away from Autumn Oaks Lane and Oakes Boulevard. We've surrounded our perimeter with enhanced buffers that are 20 feet wide along Autumn Oaks and Oakes Boulevard, Page 53 of 104 March 5, 2020 and we've committed to landscape buffers and preserves on our eastern boundary. And then, of course, we have a parking field. And the parking field is important for the seniors because you don't want them to have these -- sea -of -asphalt parking lot to walk across. You want them to be proximate to entry points for the building that can, one, be controlled and then shorten the distance they have to work, because several of the people, while they are very mobile, some need walking assistance, so we need to make sure the parking is around the building and easy to access for them. And then, of course, we have our water management features which probably are going to be dry detention areas, but we've placed those along Oakes Boulevard and part of our southern boundary to further separate us from our neighbors. This is a revised plan that we're willing to commit to, and the stars highlight a couple things we did. We met with our neighbors, our immediate neighbors, and were requested to be able to place a natural enhanced buffer along all of our eastern boundary and a portion of our southern boundary. So the areas where I have the yellow stars are areas where we're willing to commit to a 15-foot-wide enhanced buffer. And I'll go through some of the details of that in a moment. And in the areas where I have the green stars, those are areas where we committed that in addition to the buffer, we'll make sure our required preservation areas are a minimum of 100 feet wide. And I think that's important because, one, it clearly demonstrates that not only are we separated from our neighbors but we're creating these layers of landscape buffer, natural vegetation, our own landscape vegetation plus, then, the perimeter landscaping we have to have around a building to further shield and separate this so that we hope we're invisible to our neighbors. This is the proposed master plan on an aerial photograph. I know it's hard to pick up, but I think it gives you a sense of how separate we are from our immediate neighbors. This is the image you've seen before. This highlights the enhanced buffer as well as the preservation area that's to the east and southeast. And I point out southeast because where we're adjacent to the Cypress Cycle shop, I haven't committed to the 100-foot-wide preservation area necessarily because I don't think it's necessary in that location, but where we have residential neighbors to our south, we've enhanced the buffer as well as maintained a minimum preserve area of 100 feet in width. We've gone through several images, and some of these the neighbors have seen. A couple of them they've not but, believe it or not, with this enhanced buffer that we've committed to on Autumn Oaks Lane, for instance, you do see a building back there. You see part of a roof line through the vegetation that we've committed to. And the reason that's so hard to see is because we have so many layers of vegetation within these 20-foot-wide buffers and a variety of tree heights, hedges, et cetera. Oakes Boulevard, similarly, you can see the building through there, but it's a filtered view of the building that sits back away from the road through these layers of vegetation. This is what's in your PUD document. It doesn't reflect what I just showed you. You can see on the bottom is the -- watch when I switch to the next slide. I think you'll see the enhancement that we've agreed to since we met earlier on with the neighbors, and that's what that now looks like when we bring up the image as a prospective view. And that's what a 20-foot-wide buffer can look like with some maturity on it. This, again, is the view from a 20-foot-wide enhanced buffer. So in the areas that I described for our eastern and southeastern 15-foot-wide buffer, this is what we discussed with our neighbors. And to -- the bottom image is the easiest one for me to talk to. And what you'll see is that we tried to create something that looks very natural. The neighbor immediately to the east said, I don't want to see just a hedgerow. I'd love it if you canmake this Page 54 of 104 March 5, 2020 look more natural because that's the environment we're in. So we've created a layered opportunity here with hedges that aren't straight. They're going to be meandering, they're going to be within a 15-foot-wide area, it's going to be irrigated. It's going to be maintained by us, and it's going to be a very good buffer that provides line -of -sight limitations for our neighbors. We created these. There are three images shown here. Top represents the neighbor immediately to the east, the middle is the neighbor to the south, and then we have a southeast, and the southeast is the one that's farthest to the right on the image. But in all cases, between the vegetation that those folks maintain on their property, the enhanced buffer that we're providing, and the preserve, we end up with a separation because of the buildings location of over 800 feet from our neighbor to the southeast. That's a large separation looking through multiple layers of landscaping, and we believe this is critical to the project. We also created what I'll call a prospective view. So this is looking west on Autumn Oaks Lane as you approach Valewood Drive. You can see our enhanced landscape buffer to the left. You can see part of our roof line through the vegetation. And one of the questions we were asked, are we willing to commit to the vegetation enhancements all the way across all of our frontage, and the answer of that is, yes, we certainly would. The areas west, or east of Valewood, for instance, we showed that as native vegetation, et cetera, but we're willing to commit to the enhanced preserve as well. This is the view as you head south on Valewood Drive. You can see we'll have a sign -- sign at our entrance. And, yes, you can see as you look a little to the right portions of our building through the enhanced vegetation. We've created development standards in our PUD document that exceed the -- meet or exceed anything that's currently allowed in the Estates. As Rich pointed out, we've made several project commitments. Some of these are in your PUD document; some of those are not, but we're willing to include all of these as commitments in the PUD because, as Rich mentioned to you, one of our hallmark conversations from day one was we want to be a compatible neighbor with our neighboring properties. And we think, between the buffers, the setbacks, the limitations that we've placed on the project, we certainly are. The design of landscaping, that's easy. Building setbacks, that's easy. But, you know, keep in mind, one of the things that we've done, we've limited our hours of operation. You know, you -all deal with churches, and that's always an issue, but there are no evening uses here. We've restricted that to 6:00 p.m. for Jackie's staff. They can be here from 8:00 to 6:00. That's it. There's no other evening activities. There are no events. There's no weekend use of the property. Maybe a cleaning crew, but no programmed use of the property at all. We've also limited the daily number of staff participants, and it's in concurrence with the traffic analysis that Mr. Banks did. So we've analyzed the worst -case scenario, and we've committed to that worst -case scenario. We've committed to an on -site traffic control plan which, I think, as Rich mentioned, we don't necessarily think it's something we have to do but we want to do because we want to demonstrate that we want to be a safe and good neighbor for the residents in the area, because we all drive on the road. And, of course, you know, access to the signal at Valewood Drive, that's, to us, really important, because it gives us safe entry onto Immokalee Road, and then the I-75, and that is critical for us, and that was one of the criteria we looked at, making sure we had access to a signalized intersection. And, you know, to go to the issue of, you know, location and compatibility, these all do that. But one of the things that our neighbors told us early on was, just go to a shopping center. Page 55 of 104 March 5, 2020 Go to a commercial location. Go find something in the industrial park. And I think you've seen from what they do, this isn't an industrial activity. It's clearly an institutional use, and it's not a residential use. It doesn't need to be in an activity center. It's in an area that already has transitional uses. You read in your staff report that there are other conditional uses that are allowed here. You know, we decided early on that we're not just an adult daycare. We're not sure that that square peg fits in that square hole, so we wanted to come through with a PUD so we could tailor this and, frankly, create commitments so you could be assured that what we're doing now and into the future was going to be an absolutely good and compatible neighbor with surrounding property. So we think we've delivered on all of those things. And to me, in my professional planning opinion, this is an appropriate site, and it's the right site for what Dr. Faffer and her staff want to do. I think it's -- frankly, I can't imagine sending my parent into a shopping center to have their daily senior activity, and they're missing out on an opportunity. Where they are today, they do indoor gardening for plants. But to think about this, to have an opportunity to socialize and garden and be active, whether it's walking, gardening, doing your outdoor Tai Chi or yoga, I mean, that's another experience that they can't have in a shopping center. And, in my opinion, again, this is the perfect use for the property and, in my opinion, it's the appropriate use for the property. Thank you. CHAIRMAN STRAIN: Before you finish, Wayne, Ned had a question. COMMISSIONER FRYER: Just a quick one for you, Wayne. MR. ARNOLD: Yes, sir. COMMISSIONER FRYER: You mentioned as something that is -- that you're committed to doing that's not in the materials an enhanced buffer commitment. MR. ARNOLD: Yes, sir. COMMISSIONER FRYER: Would you repeat that so that I can be sure I understand what you're saying. MR. ARNOLD: Sure. Let me go back to it. We had two enhanced buffers, actually. This is the one that's in your packet today. Exhibit F1 is what it's called. We would commit to this revised Exhibit F 1 which shows another layering and enhancement of that 20-foot-wide buffer. These are the ones that are adjacent to the street, and then a new commitment -- and I've spoken to Tim about this, but he probably hasn't seen this image -- was this particular buffer that we're willing to commit to for the portion of our southeast buffer and our eastern buffer. COMMISSIONER FRYER: Southeast, okay. Thank you. That's what I needed to know. And before you sit down, because I'm such a stickler on people identifying themselves in NIMs -- MR. ARNOLD: Yes. COMMISSIONER FRYER: -- I want to commend you, because you identified yourself each and every time you spoke, and it makes it a lot easier for those of us who listen to those. MR. ARNOLD: Thank you. COMMISSIONER FRYER: Thank you. MR. ARNOLD: Well, the only thing I would close on, and Rich mentioned it, for vehicular and pedestrian safety -- those were also key elements we heard from some of our neighbors -- we've committed to building sidewalks along Autumn Oaks Lane, along our project frontage as well as Oakes Boulevard, and we also provided for law enforcement for site dispersal during the weekly luncheon event, and we think those are two important things that we would certainly be willing to include and encourage you to include as a commitment in our PUD. MR. YOVANOVICH: We are actually abbreviating our presentation because we Page 56 of 104 March 5, 2020 recognize the number of public speakers that are here. So I'm going to -- one thing I wanted to point out, you know, there's no question, based upon Wayne's testimony, that we are compatible with our neighbors and in the neighborhood, and we fit in very nicely. We, in fact, do have support from our nearby and adjacent neighbors for our request. And I have, for the record, which I'd like to introduce -- and I'll give it to Terri -- letters from everybody identified on green -- in the green on this exhibit, which are our neighbors, both our -- the parcel across the Oakes and our immediate neighbor to the east and several other neighbors further along on Autumn Oaks, and we have one other letter of support from someone a little bit further south, but we didn't include that on the exhibits. So I'll just give this to Terri when we're done. We also have petitions from over thousand -- or almost a thousand individuals who support our proposed project at this location. It's both -- members, family members, caregivers all recognize the need and how essential this use is. The commitments we've made that we will include in the PUD clearly assure compatibility. Frankly, we're compatible without those commitments, but those additional commitments are even better. There are no traffic issues. We actually have videos if you need to see them that show that traffic functions properly in this area. We're compatible. There's an uncompromising commitment to high -quality services at this site. Your staff is recommending approval of both the Growth Management Plan Amendment and the PUD that we're proposing, and we request that the Planning Commission also recommend approval of the Growth Management Plan and the PUD and recommend that to the Board of County Commissioners. We're available to answer any questions you may have, or if you want to go immediately to public comment. We have asked some of our speakers to basically raise their hand in support instead of being repetitive, and then we'll have others that are going to continue to speak, and I know there's a lot of registered speakers that may want to talk about this. But with that, we're available to answer any questions. I did commit to Mr. Fryer in the PUD -- and Wayne mentioned it -- we would add as a prohibited use in the PUD in No. 9, that would basically say that any use that's not specifically authorized in the PUD is a prohibited use, so we've committed to making that revision to the PUD as well. And with that, we open it up to any questions you may have of me, Wayne, Jim Banks, or any other consultants or Jackie. CHAIRMAN STRAIN: Our senior advisor wants to speak. COMMISSIONER CHRZANOWSKI: It's not a question. I'm second senior. I found out, he's a month older than me. Hey, I'm a youngster. When I saw your map, what you plan to do, I saw the parcel out for Cypress Cycle. And I've known Terry since -- Terry Metzger since 1983. So I was wondering why you left that out and didn't buy it. And I called Terry, and I said, you know, do you object to the projector what? And he actually used the term "ambivalent." So, you know, I said, you don't want it? You want it? He said, I don't care whether they build it or not. So I don't know, maybe you should make that light green or something. MR. YOVANOVICH: Okay. COMMISSIONER CHRZANOWSKL• He doesn't really care. MR. YOVANOVICH: Okay, great. COMMISSIONER CHRZANOWSKL• And he's in North Naples -- or North Florida right now fishing or else he might be here. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: Well, I appreciate that senior advice. Page 57 of 104 March 5, 2020 COMMISSIONER CHRZANOWSKI: Hey, that's "senor engineer." CHAIRMAN STRAIN: Senor. Okay. Then let's go -- anybody else have any questions of the presenters? (No response.) CHAIRMAN STRAIN: Well, that's rare. Ned, you usually have some, but -- COMMISSIONER FRYER: My -- I had a very fruitful conversation yesterday with counsel, both counsel, and my requests have been addressed. My concerns have also been addressed. I'm going to reserve further comments until after I hear from the public. CHAIRMAN STRAIN: Okay. Then, Patrick, do you have anything you want to jump in on? COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Well, I have questions, as I always do. So let's turn to the PUD document. Now, just based on the notes I've made based on your presentation, you're going to add to the PUD document, if it's not already there, the 15-foot height limitation of lighting? MR. YOVANOVICH: (Nods head.) CHAIRMAN STRAIN: The daily monitoring plan for the Sheriffs Office; the law enforcement control for Wednesday lunches. MR. YOVANOVICH: The daily monitoring plan was for attendees. CHAIRMAN STRAIN: Staff. Attendees for staff to have a -- MR. YOVANOVICH: You said Sheriffs Office. CHAIRMAN STRAIN: I'm sorry, yeah. The Sheriffs Office was the next one I had a note on. MR. YOVANOVICH: Yeah. CHAIRMAN STRAIN: Okay. The new -- you're going to use that new master plan as shown, which actual increases the buffers or the preserve area to 100 feet minimum. MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Your new buffers will be per the presentation, which is going to include enhanced buffers in all cases all the way around; is that right? MR. YOVANOVICH: Other than in front of the motorcycle shop. CHAIRMAN STRAIN: Right, other than that piece -- and you mean not in front; the side of? MR. YOVANOVICH: The north side of the motor vehicle shop. CHAIRMAN STRAIN: You're going to include all the commitments that you just showed us in the PUD? MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: You're going to add language to any use not authorized is prohibited? MR. YOVANOVICH: Correct. CHAIRMAN STRAIN: Okay. Now, I will try to factor that into the questions I'm going to have of -- COMMISSIONER FRYER: Chairman, may I offer a proposed refinement to one of those you just mentioned? CHAIRMAN STRAIN: Sure, go right ahead. COMMISSIONER FRYER: The law enforcement for traffic at the Wednesday lunch, I think, is good, but what if it became a Thursday lunch? MR. YOVANOVICH: It would be -- the way we wrote it would be any of the lunches -- lunches that we offer. If it moved from a Wednesday to a Tuesday, we would have law Page 58 of 104 March 5, 2020 enforcement. COMMISSIONER FRYER: Okay. MR. YOVANOVICH: We've rephrased it as weekly lunch. COMMISSIONER FRYER: Okay. Thank you. CHAIRMAN STRAIN: In your PUD under -- ay, yi, yi. MR. YOVANOVICH: Ay, yi, yi? CHAIRMAN STRAIN: I'm trying to figure out how to use letters instead of numbers, so now I've got to go back. Let's go to Page 2 of the PUD out of 11, operational standards you added. Limited to a single outdoor event annually. So you're not going to have any other special events except once a year; is that right? MR. YOVANOVICH: That's correct. CHAIRMAN STRAIN: Okay. Maximum daily use, 485 staff and/or program participants. For that I'm going to have questions of our other community involvement person, your traffic guy. MR. YOVANOVICH: My marketing guy? CHAIRMAN STRAIN: Yeah, your marketing guy. But I'll get you -- let me finish with you first, if you don't find. In your Development Standards Table, Exhibit B, it's on Page 4 of 11, under maximum height, you say, actual 35 feet, and there you put in parenthetical 1, not to exceed a maximum of two stories. Don't you mean to put that under 30 feet? MR. YOVANOVICH: I knew you were going to do that. I knew -- CHAIRMAN STRAIN: Well, why did you wait? MR. YOVANOVICH: Because, you know -- I said, you know, I bet you Mr. Strain says that that I needs to go in other places as well. So you are correct, we need to put that in -- I think in both places. CHAIRMAN STRAIN: That would be safest, yeah. MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: Okay. I like those tables; that's why I -- MR. YOVANOVICH: I looked at that, and I said, I know what Mr. Strain's going to say. I don't often know. CHAIRMAN STRAIN: Deviation 2, what's the difference between the calculation? I'm trying to understand how you -- what it's gaining for you. Parking space requirements which requires parking for adult daycare facilities at one per employee for the largest work shift plus one space for children and adults -- or adults to instead allow the required parking to be calculated a standard of one space for each 200 square feet of building area. Wayne, how does that gel out? What are you getting as an advantage out of that space reduction? MR. ARNOLD: The advantage is that we get to provide the parking we think we need, especially on the luncheon date. If you use the county's calculation for adult daycare on the one-per-10 factor, we might end up with 30 parking spaces as a minimum requirement, and we want to make sure we provide for enough parking. CHAIRMAN STRAIN: And that's what I was trying to understand. Okay. I didn't take the time to look at the code. I figured you could explain it. Under your environmental, Page 9, the CF-PUD shall require a preserve of 15 percent native vegetation. 8.31 acres of native vegetation exists on site, and they do the calculation. So 15 percent, you're providing -- instead of 1.22, you're providing 2.6 or more now that you've increased the 100 foot. Why don't we put the real number in there so it can't change in the future? MR. YOVANOVICH: I don't mind increasing it, Mr. Strain, but can we -- can we leave a Page 59 of 104 March 5, 2020 little bit room for error on the ultimate design? CHAIRMAN STRAIN: Okay. But I'd like to put it to more of the realistic number that you're -- MR. YOVANOVICH: Okay. I'm sure there'll be an opportunity to take a break, and we'll come back to you with a number higher than what's in there today. CHAIRMAN STRAIN: Okay. Moving down to transportation -- this is going to be a Mr. Banks question, so I'll wait and come back to that one. The problem is I have to go back through this thing to do that, but I'll -- that's probably better. I got staff questions, next and -- well, it looks like, if Jim's available, we can just go right to him. MR. YOVANOVICH: Jim Banks. MR. BANKS: For the record, Jim Banks. CHAIRMAN STRAIN: Good morning, Jim. MR. BANKS: Good morning -- or good afternoon. CHAIRMAN STRAIN: Yeah. You've got 485 people at any time during the day that they would show up for whatever event is requiring them to show up or what they feel like showing up for, but you keep referring in your transportation, as we typically do, the maximum p.m. peak -hour two-way trips is 50. Yet if they're showing up for the Wednesday luncheon, they're not going to come an hour or two beforehand. They're probably going to come pretty close to the luncheon period of time. What's the maximum amount of traffic that would be on -- ladies and gentlemen, let me finish my question, please. What's the maximum amount of traffic that we're talking about on that road system regardless of whether it's p.m. peak hour or not? MR. BANKS: Midway? CHAIRMAN STRAIN: Well, whatever the peak is. I mean, p.m. peak is what we use to measure the intensity on our streets for level -of -service standards, but now looking at the practical application for what's expected in the neighborhood, what is the maximum at any time generating 485 people a day? MR. BANKS: Right. And it's the midday. CHAIRMAN STRAIN: Okay. MR. BANKS: It's between 11:45 to 2:00 o'clock. CHAIRMAN STRAIN: Which is outside p.m. peak? MR. BANKS: That's correct. CHAIRMAN STRAIN: Okay. So what is realistically the number of cars going to be hitting -- because you've got 50 percent going south, and the other mix is going through some of the exits north. So what are we looking at? MR. BANKS: Three hundred fourteen. CHAIRMAN STRAIN: Is that to the south? That's the critical one. MR. BANKS: No, that's both. So it would be -- CHAIRMAN STRAIN: About 157? MR. BANKS: Yeah, 157. CHAIRMAN STRAIN: South. And that will be over how long of a period of time? MR. BANKS: An hour. CHAIRMAN STRAIN: Okay. So the maximum you're expecting is about 157 cars during the late morning possibly going south. Of course, north is irrelevant because it's going out to Immokalee Road. But south is the one that I think -- MR. BANKS: Well, not all are heading south, but the vast majority is. CHAIRMAN STRAIN: Right. Of the --because you've got -- Page 60 of 104 March 5, 2020 MR. BANKS: We have some people still that are coming for other activities. Okay. Let's just do it this way. We've got 314 two-way trips. Some people are leaving, some people are coming to the site. So when I say 50 percent to the south, that means 50 percent of the traffic, some are coming to an activity, and some are leaving after the luncheon. And so that number is actually 121. So we have 121 people, the luncheon has concluded somewhere around 1:30 or 2:00 o'clock, they start leaving, and we're going to have 121 trips heading south on Oakes Boulevard and 121 heading north on Valewood to access Immokalee Road. CHAIRMAN STRAIN: How about the queuing on Valewood for that quantity over that period of time? MR. BANKS: That's correct. We did a -- we actually did a recurrence queue analysis. We used FDOT's procedures, which Collier County adopts, and we did do the analysis. We went out and we counted the actual traffic demand at that intersection. We counted it during December and on a Wednesday, and then we went ahead -- and the traffic volume in the middle of the day is pretty low on that Valewood northbound approach. But then when we added our traffic onto it, and we conducted a recurrence queue analysis based on FDOT's procedure, and we determined that there's more than adequate capacity to accommodate the project's traffic as it's exiting the site. But as Rich mentioned, and Wayne also did, too, for those Wednesday luncheons, we are still going to employ a police officer to moderate the amount of traffic that leaves the site at any one given time to make sure that we don't have a queuing issue. And I also want to point out that -- and Rich did mention it. But when the luncheon occurs, it takes about a three -- it's over about a three-hour period from the people that are arriving a little bit early and some people leaving late, because not everybody finishes lunch at the same time, and a lot of people actually gather after they eat, and they'll talk, and they'll socialize. And so, when the luncheon -- it's not like, you know, the bell rings and lunchtime's over. It's not like school. It's just a gathering of people, and so they will start leaving the building in kind of a moderate progression. But, again, we will have a police officer at that intersection to ensure that we do not allow too many people to exit the site at any one given time that would cause a queuing issue. CHAIRMAN STRAIN: Okay. Have you -- I keep getting Logan and Oakes mixed up because I drive down them both, and they're both through the Estates area. Logan's got a wide pattern because it's going to go four lanes some day, and at the western side, I think they have a long pathway. Is there any pathway or anything like that going down Oakes? MR. BANKS: Oh, I know at one time they planned on four-laning it, but then that's been taken off the table. CHAIRMAN STRAIN: For Oakes. MR. BANKS: That's right, for Oakes. CHAIRMAN STRAIN: Yeah, I know. But that's why I'm asking. Is there a pathway down -- MR. BANKS: Oh, oh. I'm sorry. A pathway, yes. CHAIRMAN STRAIN: Okay. So residents, if they wanted to walk down Oakes Boulevard, it wouldn't be walking on the -- like, in most places in the Estates, you walk on the pavement. MR. BANKS: The path is on the west side of the road. CHAIRMAN STRAIN: Okay. It's the same as Logan. That's what I was trying to understand. Okay. Page 61 of 104 March 5, 2020 Under the parking section of the PUD, there's -- on Page 10, it says something -- and maybe this is your question, Jim or Wayne's or somebody's. Parking for uses A through G in the principal permitted -use section shall be provided at a ratio of one space for 200 square feet of building area. Should all uses A through G in the principal permitted -use section not be provided at the time of site plan approval, the applicant may be required to obtain an alternative parking ratio for any use that does not have the specified parking in the LDC. It isn't a deviation. You have it on the straight text of the PUD. How does that work? Why isn't it a deviation if it's -- because if it -- if it doesn't need to be a deviation, then it doesn't need to be here, does it? MR. ARNOLD: Well, it goes to the same answer I gave you before. They may not build all of their parking on day one. They may want to phase it, and they may add a use that we decide we may need more parking, but we didn't want to have to build all of the parking day one if we're not going to do all the services that are proposed for the PUD. CHAIRMAN STRAIN: So this basically says you want to phase the parking in as you phase the uses in. MR. ARNOLD: Correct. CHAIRMAN STRAIN: It's a whole paragraph for half a sentence, okay. An attorney must have wrote that. MR. ARNOLD: I think he did have something to do with that, yes, sir. CHAIRMAN STRAIN: Yeah. MS. ASHTON-CICKO: I don't know if that's what it says. The list of uses under A through G have different requirements for parking. And in talking with Wayne, they wanted to pick -- they didn't want to have a difficult time at SDP trying to figure out which use and what the parking requirement was, so they selected the parking requirement for one of those uses and are applying them to all of them. I had requested a deviation; however, Planning indicated that a deviation was not needed. CHAIRMAN STRAIN: Ray, so that language is exempt from the need of a deviation, then? Is that what you previously had thought or still think? MR. BELLOWS: Yeah. It's -- as was mentioned at the beginning of the presentation by the applicant, it's kind of more of a hybrid use. It's not -- it doesn't fit neatly within our Land Development Code, so we felt that that standard was appropriate. But it's not a deviation from the parking standards because it's specifically listed for this specific type of facility. CHAIRMAN STRAIN: Well, Ray, if you can figure it out, as long as you don't leave the county, I think we're okay, so... I would have rather seen it -- just for the future, a deviation would have made it a little cleaner to understand. You could have -- a justification and explanation by staff would have helped. MR. BELLOWS: Understood. And we'll look at that. CHAIRMAN STRAIN: But just to think about that. Rich, I think that's all I've got until I get to staff. I have a lot of staff questions, but mostly about historical issues, so -- MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: -- thank you. Anybody else have any questions of applicant? (No response.) CHAIRMAN STRAIN: Okay. Is there a staff report, Tim? MR. FINN: Yes, for the record, I'm Tim Finn, principal planner. CHAIRMAN STRAIN: Oh, first of all, let's start with the GMP staff report. Who's Page 62 of 104 March 5, 2020 doing that? MR. FINN: That would be Corby Schmidt. CHAIRMAN STRAIN: Because I have a series of GMP questions, and the others may have as well, so I'd rather start with that one since that's the order we normally take them in, or we try to. And half the time we forget, and Corby corrects us. He didn't stand up and correct us this time. That's kind of odd. MR. SCHMIDT: Good afternoon. CHAIRMAN STRAIN: Good afternoon. MR. SCHMIDT: We've recommended approval of both portions of this. So unless there's any questions for staff, I'll just allow you to do that. CHAIRMAN STRAIN: Okay. Anybody want to start with any GMP questions? (No response.) CHAIRMAN STRAIN: Corby, under the background analysis, the sentence and the paragraph -- and that's the fifth page or fourth page of the staff report, second -to -last sentence says, the entire Oakes Boulevard and Immokalee Road corridors were downzoned from C-3 to E, estates zoning district, when Collier County adopted a countywide zoning ordinance in 1982. So this all used to be C-3, that whole strip, from what I -- and I remember seeing some plans early on when this gelled up about a year and a half to two years ago, but I just want to make sure -- why wasn't it -- didn't it go through a ZRO -- a zoning reevaluation like we did in the '90s? Did we not do that in'82 when we changed zoning? I know you weren't here, but I thought you might know the history. MR. SCHMIDT: It has more to do with its location in the Golden Gate Area Master Plan than it does with the reevaluation in the FLUE. CHAIRMAN STRAIN: Okay. MR. SCHMIDT: Reevaluation took place. CHAIRMAN STRAIN: Okay. But this was only because it was limited to Golden Gate -- the Golden Gate portion? It wasn't a reevaluation like a ZRO would be? MR. SCHMIDT: Yes. CHAIRMAN STRAIN: Okay. Well, I mean... When you looked at this and determined it was consistent with the GMP, did you look at the zoning description for C-3 to take -- to understand that it -- it's still consistent, or how did you evaluate the fact that this is equivalent or like the -- is compatible with the Golden Gate Estates area? I mean, because our -- the district -- Golden Gate Estates has some specific language that talks about how these rural applications came about, especially when you look at conditional uses. And it says, in -- under Golden Gate Estates "E" District, in addition to low -density residential development with limited agricultural activities, the "E" district is also designed to accommodate as conditional uses development that provide services for and is compatible with the low -density residential semirural and rural character of the Estates. Now, is that something you would have considered in your analysis to be consistent with the GMP, or is that something that's not in your directive? MR. SCHMIDT: We would, and we did. CHAIRMAN STRAIN: Okay. MR. SCHMIDT: And those like uses were taken into consideration. CHAIRMAN STRAIN: Okay. Well, then how does this -- now, if this was a conditional use on a five -acre parcel, I would understand it because the building wouldn't be 30,000 square feet and it would be more of a -- like the one on Santa Barbara and Golden Gate, it's more of an immediate neighborhood operation. Page 63 of 104 March 5, 2020 This is a countywide operation, which is more or less a regional operation with multiple neighborhoods not on arterial streets. So how does that fit that rural character and semirural character of Golden Gate Estates? MR. SCHMIDT: Not as much as it did with the local surroundings. This had compatibility with its neighbors and it met some of the other standards necessary to give a recommendation for approval in that it has its land use at an appropriate location, that the applicants could show need, this was an appropriate location for that need, and this surrounding area could accommodate that need. CHAIRMAN STRAIN: I didn't see a market study. You're talking need. So you relied on what for the demonstration of need? MR. SCHMIDT: The provisions that are provided for you as part of your packets included that information. CHAIRMAN STRAIN: Right. I saw the population statistical demographic information, but there was no marketing information. They didn't supply any from a professional viewpoint? MR. SCHMIDT: It had more to do with people who were using and expected to use the facility, and it was also shown to you today. That was their market more or less. CHAIRMAN STRAIN: Okay. MR. SCHMIDT: In your summary, you also saw that it was reasonably central to that area to serve those people. It also included a projection that that would be the same area where that need would be increased. They were also able to demonstrate that this facility was not commercial or institutional but a community facility, and at this location that is allowed. CHAIRMAN STRAIN: Go ahead, Ray. MR. BELLOWS: If I may. For the record, Ray Bellows. The idea that we're dealing with the Golden Gate Area Master Plan and, in general, the provisions of the Estates, this project, without the companion Growth Management Plan Amendment or Golden Gate Area Master Plan Amendment, we would not have been supporting this project. But with this --if the Growth Management Plan Amendment's approved subject to those conditions, that's where staff on the zoning side would say, as long as we're consistent with the approval of the companion amendment. And I'm trying to understand the gist of your question, too, in regard to -- CHAIRMAN STRAIN: Well, we've got descriptions of the zoning categories involved. We've got conditions of C-3 which says, primarily, if they're on arterial roads. We've rural character in the Estates description. And I'm just wondering how this site meets the criteria of either one of those zoning categories. I understand the process; that you need a GMP amendment just to even have the site qualify. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: But then in order to get the qualification, how did you -all as staff decide that this was a rural character project and consistent with the intent of the Golden Gate Estates area, and how did you decide that even though it's not on arterial roads, it's on -- the way the C-3 describes it, it's still consistent with the C-3 category or whatever category this used to be, which is C-3 in that strip, which brings, then, my next series of questions. If that strip was C-3, how many of these parcels weren't part of that strip? And if the intent of that old C-3 was that if you were to change it to another use to grandfather something in, it had to be comparable or less intensity than the prior use, how does this all fit together? That's what I'm trying to understand. MR. BELLOWS: Yeah. For the record, again, there was a study done by staff in regards to the existing structures. And they were built back in the '70s when the property was zoned C-3. Over the years, there was a change, the adoption of the Golden Gate Area Master Plan, and it became Estates zoning. As long as those buildings remain in active operation, they retain their Page 64 of 104 March 5, 2020 nonconforming status to the current zoning, which is Estates. We did research on the storage building. It has been continuously occupied by the property owner, though there's no specific occupational license associated with this property. So it becomes kind of a question is, it hasn't been used for a C-3 particular use, but it has been in use for commercial operation for an off -site business. But that is not vesting them in for any kind of evaluation of this use. That is why they have the companion growth management amendment. CHAIRMAN STRAIN: Okay. But the whole thing transpired because of more or less, like, a grandfathering provision because they were C-3, and they built a building there that was, basically, an accessory use, but because it was considered storage -- and by the way, it was for construction equipment. It was about 1978. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: And they went before the Board of County Commissioners at that time twice, once to get the conditional use to store construction equipment there; and the second time because they had stubbed out rebar in the foundation a little bit beyond the existing building, they argued with the Board at that point that they should be able to do an addition to the building. The Board said, yeah, that's your final piece; you can do that. So it was a -- basically a construction guy that was storing construction vehicles there for quite a lengthy period of time. To convert these to something else is supposed to be of an equal or lesser intent. So I know we're going beyond that, but that's how we're doing the GMP amendment. And I was trying to figure out how you -all came to the conclusion it met the intent of the character of Golden Gate Estates' zoning, which is the rural character and items like that. That was the thrust of my question. And I'm not sure I got the answer but -- MR. BELLOWS: And part of that's the buffering and a community facility use. It's not a commercial use. It's a use that would be allowed in the Estates as a conditional use. CHAIRMAN STRAIN: It would, but then it would be -- MR. BELLOWS: Subject to locational requirements. CHAIRMAN STRAIN: What's the size limitation on conditional uses in the Estates; do you recall? MR. BELLOWS: I'd defer to Corby on that one. CHAIRMAN STRAIN: Basically, transitional conditional uses are the immediate five acres next to adjacent nonresidential uses. MR. SCHMIDT: And typically so. CHAIRMAN STRAIN: Okay. So what we're looking at is, the cycle shop would generate a conditional use next door to up to five acres and both front and south, most likely. And they already had the conditional use on the corner -- the use on the corner, which was commercial, so that gives them that strip. Now the piece in back is being added which wouldn't have been a transitional conditional use. So how did that -- but that now is added because of the GMP amendment. Do we open up 6130 that's shown on this green map as a transitional conditional use? MR. SCHMIDT: We do not. CHAIRMAN STRAIN: Okay. MR. SCHMIDT: Because this is a request outright for a subdistrict first is and not just simply for the zone. So we're starting with a baseline for the subdistrict. And some of those other criteria you're talking about in the mix of questions just don't apply. CHAIRMAN STRAIN: Okay. So this is not going to create any additional opportunities for conditional uses to the east? MR. SCHMIDT: It will not. Page 65 of 104 March 5, 2020 CHAIRMAN STRAIN: Corby, there's some -- one of the documents submitted by Q. Grady Minor, it's Page 35 of your packet, it had a listing, amendment language, and it lists A through E. There was 900 pages in this thing, so I can't remember where I didn't see that. But is -- are those stipulations part of the language, or is the language more concise than that? Because it talks about no building within this subdistrict may exceed two habitable stories in height. I saw that in the applicant's submittal, but I don't recall seeing it in the submittal that was approved by your department. I think you put everything in a single paragraph, or did you put bullet points? MR. SCHMIDT: We did. We grouped them together as being an acceptable number of. CHAIRMAN STRAIN: Oh, that's -- acceptable number of what? MR. SCHMIDT: Well, A through E, and we talked about them as a group. CHAIRMAN STRAIN: Okay. The -- well, I think we already talked about that. We talked about that. That's all I've got. I'm going to have some of Tim, but thank you, Corby. That's all the GMP questions I have. MR. SCHMIDT: All right. Thank you. CHAIRMAN STRAIN: Tim, you want to do your staff report now? And then we'll go into questions. MR. FINN: Oh, okay. Yeah. For the record, I'm Tim Finn, principal planner. The companion small-scale GMP amendment and the PUD zone petition are compliant with the rezoning criteria in the LDC and the GMP; therefore, staff recommends approval. CHAIRMAN STRAIN: Okay. That was short. Thank you. Anybody else have any questions of Tim? (No response.) CHAIRMAN STRAIN: And, Tim, I may have gotten all of my questions between Ray and Corby. It's the same situation with the -- I think you guys explained it the best you can. You know, the Estates is a low -density residential semirural/rural environment with limited agricultural activities, and then those other nonresidential are supposed to be rural in character. That was the thrust of the point I was trying to understand. I think you've explained it the best you can, so I'll live with that. And with that, we'll go on to -- anybody else have any questions before we go to public speakers? Ned. COMMISSIONER FRYER: I do. This is either for Tim or Corby or both. But inasmuch as this site is in the urban Golden Gate Estates area versus the rural area -- I mean, it's west of Collier Boulevard -- is that fact something that you -- that you took account of and that we should take account of as we evaluate this? And, if so, how? MR. SCHMIDT: Well, I would answer in this way: Yes, we took that into account and, yes, you may as well, because the Golden Gate Area Master Plan has been sub-elemented into three different versions and, of course, not all of your conditional or special uses, not all of your uses in the area would be rurally oriented. This is not one of those. You will find some of your conditional uses, some of your uses like this one oriented to people. They're -- the nature of this is not rural in the manner that would have been found in the language of the overall Golden Gate Area Master Plan as there originally existed, as that language once was. COMMISSIONER FRYER: Thank you. CHAIRMAN STRAIN: Corby, before you --I just have one question that I'm trying to understand. Between Autumn Oaks and Immokalee Road, all the way down to Logan there are some open parcels that have already -- and most of that area, or parts of that area, have already Page 66 of 104 March 5, 2020 been converted to a nonresidential, which would have been a much more easily explained use for this to be in one of those, at least from my perspective. The concern I have is right now Golden Gate Estates is going to be cut up by multiple six -lane roads, four- and six -lane roads. We've got Vanderbilt Beach Road. We've got golden Gate Boulevard. We've got Green. We've got Randall. We've got Oil Well. We've got all kind of roads going east and west. Most of those haven't even attempted to take the strip along the frontage on the six -lane road, and now we're moving to the frontage -- we're not moving -- we're moving off the frontage a block back and starting to chew up for exceptional nonresidential uses in the Estates that wouldn't have been considered before. My concern is -- and it's just -- I guess it's more of a statement than a question -- that this could lead to additional similar actions on all that six -lane road systems going out Golden Gate -- going throughout Golden Gate Estates. And I'm worried that that's -- this is going to start a process that's going to lead us down to a lot more invasion into the Estates area than anybody anticipated. Not that it's a bad use, but it's a use that we just haven't --I haven't seen any --I can't think of any that have come the second block back from the main six roads -- six -lane road so far. So this will be the first time I've seen this happen. MR. SCHMIDT: Well, so noted, but if you'd like some commentary -- CHAIRMAN STRAIN: Yeah. MR. SCHMIDT: -- the people who worked on that are in the room today. CHAIRMAN STRAIN: Worked on what? MR. SCHMIDT: The Golden Gate Area Master Plan. CHAIRMAN STRAIN: I was here for it. I don't -- I probably have more input than they'll have, but thank you. MR. SCHMIDT: So observed. CHAIRMAN STRAIN: Okay. Thank you. With that, let's start with our public speakers. Ladies and gentlemen, because of the quantity that we have -- and I think they said there was 40, we allow five minutes per speaker. We'd like to adhere to that strictly, and less if you can. You need to identify yourself for the record. We need to know if you were sworn in. If you weren't, we have to swear you in, and spell your last name if it's more -- if it's fairly complicated and could be misconstrued. MR. KLATZKOW: Use the timer. CHAIRMAN STRAIN: No, I'm not. I'll play it by ear. Yes, sir. MR. YOVANOVICH: I had said that we wanted to try to expedite the public comment and not be repetitive. For those members that have registered to speak, I'd just simply like them to show you that they had registered to speak and that they were in support of the project so that we don't put multiple people up saying that, and we could cut down the number of speakers -- CHAIRMAN STRAIN: Any way you could expedite this, that would be great. We're here to hear everybody. MR. YOVANOVICH: So those members who registered to speak that are in support, and even if you didn't register to speak and you're in support, could you just simply raise your hand and let the County Commission know. (Show of hands.) MR. YOVANOVICH: Okay. So when you call their names, they'll waive, and hopefully that will make that move a little bit quicker -- CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: -- so you don't have to hear the -- Page 67 of 104 March 5, 2020 CHAIRMAN STRAIN: We'll start calling names and see where it goes. MR. KLATZKOW: And you can speak if you want. MR. YOVANOVICH: Sure. CHAIRMAN STRAIN: You can speak if you want, yeah. It's nice you raised your hand, but you still can speak. Tim, go ahead. MR. FINN: First speaker, David Rutstein. MR. RAUDNER: Wave my hand. CHAIRMAN STRAIN: Okay. He's waived. MR. FINN: Next speaker, Tom Ellis. CHAIRMAN STRAIN: He's coming up. MR. ELLIS: Good afternoon. Thank you for your time this afternoon. This is my first time in this venue, and I have a lot more appreciation for what you all do as a result of that. I'd like to start just with perhaps a way to put in context the rest of my questions, and that is that we -- I'm president of the Oakes Estates Neighborhood Association, and we all support the Naples Senior Center. We are not against the Naples Senior Center. We do have an objection to this as a location for them, and we hope that, you know, through some of the comments you'll hear this afternoon, you'll understand what that is. It's really about the character of our neighborhood and how this shifts that character, in our opinion. We know that the applicants have taken a lot of time and care and expense in trying to put together a plan that would mitigate or nullify our concerns, but we don't feel that there's really a way to do that, possibly. So they've -- the presenters before me have pretty well explained what the applicants want to do, and we respectfully disagree with the recommendation of staff for approval of this. The Golden Gate Master Plan defines this property as low density, semirural Estates residential, and we believe that moving, as you mentioned, Mark, south of Immokalee Road for this type of a use is going to create an opportunity for uses other than Estates residential to basically springboard from this, whether in our neighborhood or other neighborhoods around the county. The staff report describes how our neighborhood has evolved over the last 50 years from an area where it was some of the most affordable property in the county to now to some of the most desirable property in the county for low -density residential purposes. Our neighborhood is 500, roughly --just a few properties under 500 individual property owners, and I have with me over 250 letters of opposition. I'd be happy to leave these with you if you care to see them. But we're mostly working families. And we had quite a few more of our neighbors here earlier today but, because of their other obligations, were unable to stay, and I'm sorry for that. But they at least are represented in their letters. CHAIRMAN STRAIN: You should -- if you have an extra copy, you should leave it at least with the court reporter so we have it for record. MR. ELLIS: I do. I'll leave this copy, yeah. COMMISSIONER FRYER: Mr. Ellis, while you're shifting papers, may I ask, do we need to be looking at that image that you put in front of us? Because I can't see it from here. MR. ELLIS: Yeah. I'll describe what it is. It's in your packet as well, and I'll be addressing that in just a minute. But we didn't have, you know, the technology to put it on the screen for you. And there's a couple other copies around the room that are available for the audience to see if they would like. You know, our association is -- thank you. Our association is -- every property owner in the neighborhood is automatically a member, and we're staffed by volunteers or any donations -- or Page 68 of 104 March 5, 2020 any financial resources we have come from donations. So there's no mandatory dues, nothing like that. And our goal is to represent the neighbors the best that we can for issues that affect us all. And so that's why I and many of the other board members are here today, and several of the residents as well. The applicants are making several arguments to justify this change in the zoning and the use of this property. The question about whether the prior zoning gives any particular right to the current property owners, the sellers, to transfer that nonresidential use has been one of them. Our position is that once that use was abandoned and we understand that there has been no business activity at those locations -- I mean, I've been in the neighborhood over 20 years. I've not seen anything operating there in that time. The buildings are an eyesore. There's no question about that. And we wonder if they're not really kind of a dangerous attractive nuisance at this point. But with respect to the zoning and the land -use questions, we think that at this point all of that property is Estates residential zoning and, really, the appropriate use is for five to six single-family homes -- I mean, that's really what's available now under the current zoning for that size parcel. Over probably the last 50 years, since this property was active, the county's learned a lot of lessons about land use, and some of them by inaction, but others by taking a long-term view and sort of deliberately using the advice of professionals that deal with land -use issues. And when -- and when the plans that have been made, the well -thought-out disciplined plans that have been made are followed, typically you'll get the result that you expect. When you deviate from that, you start to open up the opportunity for unintended consequences, and that's really what we're concerned about. The applicants make a lot of restrictions or promised a lot of restrictions, and we don't doubt their sincerity. We don't doubt their intentions, but we know that things change over time. And 10 years from now, 15 years from now, when the dynamics of the people they serve have changed, what happens? Does the property still have value the way it's structured now, or is the next user going to have to come in and try to make the argument that a new use is going to be more appropriate and going to serve the community better? And we sort of feel like once that genie's out of the bottle, there's no getting it back. And so our hope is that you and the county commissioners will send a strong message that the appropriate use for this type of property is as it's currently zoned, and that way we think that the sellers will start to recognize that they can't -- they cannot try to sell this property for a commercial or institutional or whatever other -than -residential, let's say, use, and the problem will be resolved. It will resolve itself. We truly think that the Naples Senior Center's made up of very honorable, good people with a good mission and a needed mission, and we think that the people who are making philanthropic donations to them have the same intentions. And I think we have an obligation to make sure that those people don't damage their reputation as well as ours, our neighborhood, in the process of, you know, making their next step in their growth. So for all those reasons we'd ask that you reject the staffs recommendation and ask the County Commission not to approve these applications. CHAIRMAN STRAIN: Okay. Ned -- I think Ned has a question. COMMISSIONER FRYER: I do. Mr. Ellis, thank you also for your -- you contacted me, right? MR. ELLIS: I did. COMMISSIONER FRYER: Yeah. We spoke. That was helpful, and I appreciate that. You've brought some letters in. Tell me again how many of them there are. Page 69 of 104 March 5, 2020 MR. ELLIS: I believe it's 252, right now. COMMISSIONER FRYER: Okay. MR. ELLIS: We're still getting letters in, but right now I think there's 252 in this group. COMMISSIONER FRYER: All right. I certainly will take you at your word, but I'd like to know, are -- all 252 or so, are they all residents of the Oakes subdivision? MR. ELLIS: They are. Their names and addresses are on the letter. COMMISSIONER FRYER: Okay. And they are all opposed, unconditionally opposed to the project? MR. ELLIS: Yeah, that's -- we created a draft letter, and we distributed it to the members and asked them, you know, if they were inclined to, to respond to us, and many of them signed the letter that we sent. Many others added their own comments. Some drafted their own letters. So it's a mix. But it has been solicited but not -- not with any kind of pressure. COMMISSIONER FRYER: Okay. Thank you very much. CHAIRMAN STRAIN: Could you read the letter you sent so we know what it was that you asked the folks? MR. ELLIS: Sure, yeah. So, the letter reads: Dear county managers, planning commissioners and county staff, it's our understanding that the Naples Senior Center has submitted -- CHAIRMAN STRAIN: Tom, you've got to slow a little bit. She's got to type as fast -- you talk as fast as I do. She'll get mad at me if you talk too fast, so... MR. ELLIS: We understand the Naples Senior Center has submitted an application requesting a change in the Golden Gate Area Master Plan to create a subdistrict called Naples Senior Center community facility subdistrict and to amend the current "E" estates to a PUD to accommodate the same for property at the southeast corner of Oakes Boulevard and Autumn Oaks Lane. Am I okay? THE COURT REPORTER: Yes. MR. ELLIS: All right -- inside the Oakes Estates community. The applicant wishes to construct a 30,000-square-foot two-story institutional building which is advertised to be a destination providing senior social services for the entire Collier County and south Lee County region. As a homeowner in the Oakes Estates neighborhood, I'm adamantly opposed to the proposed GMP change and rezone from Estates residential to the high -intensity institutional uses proposed by the Naples Senior Center on one of our residential streets and within the heart of our community. Among our concerns are: The incompatible nature of a destination regional institutional facility inside our boundaries; The massive increase in impact of this project as compared to what otherwise would be allowed under the existing Golden Gate Area Master Plan; The additional traffic that will be generated by an organization that is serving over 1,400 members and growing with the further encouragement such development would give to other developers that wish to purchase residential property and convert it to commercial use; Fundamental change in character of our Oakes Estates community; And commercial institutional creep southward from Immokalee Road now proposed to expand south of one of our residential streets. CHAIRMAN STRAIN: Okay. Thank you very much. MR. ELLIS: Okay. CHAIRMAN STRAIN: Anybody else? Page 70 of 104 March 5, 2020 (No response.) CHAIRMAN STRAIN: Thank you for your time. MR. ELLIS: Let me take one moment, if I can, to explain the illustration. CHAIRMAN STRAIN: You do represent the -- MR. ELLIS: I am president of the Oakes Estates Neighborhood Association, and I'm acting as that -- in that capacity. CHAIRMAN STRAIN: You represent an association; you do have extra time, but please minimize the amount you need. You're running out of it now. MR. ELLIS: Right, I understand. The illustration that we put down before you is a very, I guess, imperfect, but, example of other properties that are currently zoned appropriately for the facility that we felt were -- roughly met the description of the property that we understood that they needed. And in addition to that, there have been a few properties that have come online since this illustration was put together that we would be willing to share if there was an interest. CHAIRMAN STRAIN: Okay. Thank you very much, sir. Next speaker, Tim? MR. FINN: Next speaker is Ronald Waldrop. CHAIRMAN STRAIN: Ron, were you sworn in when we started today? MR. WALDROP: Yes. I've been here. Thank you. Good afternoon. Thank you for allowing us to come talk to you. As they said, I'm Ron Waldrop, and I live at 5911 Hidden Oaks Lane. My family and I moved to the Oakes Neighborhood in order to enjoy the unique large estate lot feel and the rural character of that neighborhood. In addition to residing there, I'm also a practicing professional engineer and a business owner of a land development consulting firm. So based on my background, I am in support of development. The Naples Senior Center is a good program, and it's something that's definitely needed for Collier County. But for us, it truly isn't the right spot for our neighborhood. You know, we really -- the Oakes Neighborhood, you're talking about from Immokalee Road all the way down to Vanderbilt and those 500 different uses, the homes and properties within there. So today I'm going to talk about being an affected property owner, professional engineer, and also an expert in the area of Land Development Code that, number one, this application is not consistent with the county's Growth Management Plan, and that's as pointed out by your staff in their staff reports and, number two, this application is not consistent with the evaluation criteria in your LDC that you must consider when making these decisions. And, you know, for us, again, it's about that transitional use and it coming into the neighborhood. That's the big impact that we're going to see. Staff notes in their report under the existing Future Land Use Map designation, only two of the four parcels comprising of this PUD qualify for conditional uses, and none of the four parcels qualify for commercial zoning. So for us, approving a site -specific GMP amendment that places the intensive use of this facility is a work -around to circumvent your adopted plan. This is not how long-range planning should work. These types of subdistricts that are being created are eliminating the purpose of the Comp Plan. Point two, as it relates to the PUD rezone, the request is inconsistent with the stated evaluation criteria that guides you and your approval or denial of this application. I want to briefly walk through some of those inconsistencies. Criteria 1 says, whether the Page 71 of 104 March 5, 2020 proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. As noted, these applications are not consistent with your GMP. The project requires a unique subdistrict that supersedes all of the protections in the Golden Gate Estates Master Plan relating to the neighborhood compatibility. Criteria 2, the existing land -use pattern. The existing land -use pattern in this area is a large -lot residential neighborhood with a few low -intensity neighborhood nonresidential uses. This facility serving a countywide audience is not appropriate for the existing land -use pattern. Criteria 3, the possible creation of an isolated district unrelated to adjacent and nearby districts. This criteria -- this creates an isolated subdistrict in this application for residential areas that sets a precedent for further encroachment. So not only is this something that we feel is important for our neighborhood, what is going to go on in other neighborhoods for the Golden Gate Master Plan? Whether the proposed change will adversely influence living conditions in the neighborhood. Yes, we feel the intensity and the scale of this facility and the traffic generated will adversely impact the living conditions and will be incompatible with the neighborhood. Criteria 7, this one's a little bit longer. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development or otherwise affect public safety. So this is one of the big things for us also is the increase in the traffic intensity within our local residential streets will adversely impact the living conditions in Oakes. The project is proposed on land that we think should be five single-family homes, which would be an a.m. peak of about eight vehicles per hour and a p.m. peak of about six vehicles per hour. And if you look at the TIS report, a total of 485 people on a peak day could be there on site each week, and then that would equate to, as they talked about earlier, 314 vehicles per hour midday peak. CHAIRMAN STRAIN: And, Ron, you've reached your five minutes. So could you kind of wrap it up quickly. MR. WALDROP: Well, I've -- Heather Waldrop was going to give her time after me, and then also Jake Stevens was going to pool the time. CHAIRMAN STRAIN: Okay, fine. You're willing to go then. MR. WALDROP: They're registered. Thank you. MR. BELLOWS: They're registered. CHAIRMAN STRAIN: You guys didn't tell me. Next time let me know if he's got any ceded time. MR. BELLOWS: Yeah, we'll try and make that note. COMMISSIONER FRYER: Are they here? MR. WALDROP: Yes. CHAIRMAN STRAIN: Sorry to interrupt you. MR. WALDROP: That's okay. No. Thank you. So with that increase to 314 vehicles midday, that increase of magnitude is approximately going to be 40 to 50 times what we're used to seeing if it was the five single-family homes. And so that's where the large weekly lunch event will be impactful, and it will be like there's a restaurant use that's been pulled into the neighborhood. And this is not only going to affect going out to Valewood, but it's also going to affect Oakes Boulevard going through the -- completely through the neighborhood. And then you have to remember that this roadway and intersection is the entrance to our community, and this is why this encroachment is significant to us. It pulls the line in that -- that block may not seem like a lot, but we feel like it really will Page 72 of 104 March 5, 2020 make a big difference in pulling in and then potentially future uses trying to come along the same lines. Criteria 10, whether the proposed change will adversely affect property values in adjacent areas. Yes, we believe the conversion of this property to nonresidential uses detracts from the estate lot residential feel of our neighborhood and the prime reason our neighborhood is desirable. Criteria 11, whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Yes, this change will encourage other undeveloped properties to seek site -specific subdistricts to allow for nonresidential uses on land priced for residential uses. Encouraging buyers to get a cost savings on land by encroaching into our neighborhood is not good planning and shouldn't be allowed. There are parcels available within the county that we feel would be more appropriate for this use. Criteria 12, whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Yes, granting a special subdistrict to allow for commercial uses in this area is a special privilege beyond the limited neighborhood -serving uses subject to locational criteria in the Golden Gate Master Plan. This is the only subdistrict that's not on a major roadway in the Golden Gate Master Plan. It is in direct contrast with the public welfare. Criteria 14, whether the change suggested is out of scale with the needs of the neighborhood or the county. This one is significant. The applicant has outlined in their application, you know, so in their own words and report, how this will serve Collier County as a whole and not neighborhood -use scale. So we feel a 30,000-square-foot facility with almost 500 people is out of scale for the Oakes Neighborhood. And Criteria 15, whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. As I stated before, we feel like there are parcels throughout Collier County that could serve the needs of this facility. You know, and when we met with them, the Naples Senior Center has told us that they selected this site based on the lower cost. The lower cost is due to this parcel being residential and not being properly zoned for this facility. You cannot let a buyer's budget dictate land -use planning and set that precedent for Collier County. In conclusion, you have the legal basis to recommend denial of the application based upon its inconsistencies with your GMP and the LDC. Thank you. CHAIRMAN STRAIN: Any questions? Thank you, Ron. MR. WALDROP: Yeah. CHAIRMAN STRAIN: Before we go to the next speaker, we generally take a 15-minute break so the court reporter's fingers can pause. We'll shorten that to about 10 minutes. Before we do, I want to ask the Planning Commission as far as timing goes. I had family in town, so I need to leave at 4:00. That still leaves a quorum here. You guys can decide to go on as long as you want, but I'm just giving you a heads -up that I have to be out of here 4:00. COMMISSIONER DEARBORN: I have to leave by 4:00. CHAIRMAN STRAIN: Okay. So we'll go as far as we can today. We hope to get through this one so you all don't have to comeback. We'll do our best. We'll take a 10-minute break, come back at 2:45, and resume. (A brief recess was had from 2:34 p.m. to 2:45 p.m.) CHAIRMAN STRAIN: Ladies and gentlemen, if you'll please take your seats, we'd like to resume our public speakers. Everyone, please take your seats. And we'll turn to Tim to tell us who the -- call out the next speaker. Page 73 of 104 March 5, 2020 MR. FINN: Next speaker is Norman Feder. CHAIRMAN STRAIN: Norm Feder is here. COMMISSIONER DEARBORN: Mr. Chairman, for the record, I want to state that earlier I stated I have to leave at 4:00. I don't want to not have a quorum, so I will stay up to -- I think Ned has to leave at 4:40, so I'll stay longer if needed for this to get done. CHAIRMAN STRAIN: Okay. Good. Thank you. Norm. MR. FEDER: Planning Commissioners, first of all, thank you for the service that you provide to this community. I don't envy you. It's been a while, as the counsel here noted, sort of deja vu all over again. It's been eight years since I stood up at this podium in many respects. I am here on my own behalf. While I'm supporting the request of the Naples Senior Center, I am not working for them. I will tell you, though, that I find it interesting that we are dealing with this issue because what I know of the background on Oakes -- I worked quite a bit with the community. It's a very good community that's worked hard to maintain the integrity of their area so much so that originally Oakes was set to be a four -lane facility, as was Logan, as an extension of Santa Barbara. They worked hard and got agreements through the County Commission to maintain it only as a two-lane with a wide area and bike paths and sidewalk to not only do that, but to move the signal away from Oakes over to Valewood to try and discourage through movements through the community. And then, further, when Logan was widened to two and then four in the future, to make sure that none of the streets within the Oakes Estates neighborhood connected to Logan. So, in effect, we've got a public street publicly maintained on Oakes Boulevard that is servicing only Oakes Boulevard, and that's fine. They worked hard for it. It's a good community, and they're working well with it. But in moving the signal from, basically, Oakes over to Valewood, and Valewood extension being built because of that, with the assistance of right-of-way for retention, and the church built there, this property, which has never developed as C-3, effectively, or as residential, as I say now for Estates, if you will, is now effectively part of Immokalee Road. It's 350 feet to the south. It's right at the signal of Valewood, Valewood extension, and Immokalee Road. And so to say that it doesn't necessarily meet the issue of the Estates, you've got some intervening issues, as I'm trying to point out, that, in fact, pretty much you are dealing with being on a major arterial. More importantly in some respects, though, is the nature of what's being asked. What's being asked is not six single-family residences. That's true. But what is being asked is a project that will not contribute significantly to the traffic volumes on Oakes that has been restricted to off-peak hours and, as was noted, the Oakes is a community of working families, particularly working individuals, and they're working on peak hours. Most of this is in the off hours. It's also understood that it will not be weekends and evenings. And with all the constraint that they've placed on themselves, and even though it's been noted that it will service a larger area, they've restricted it to the total volumes and the hours of operation. So in many respects this property will eventually get developed. It's no guarantee that it will go just residential. And this is a very compatible use, as I think was presented. And the last one I'll tell you, the reason I'm up here is because, one, although I'm not quite as senior as some folks here, I'm emerging and I'm utilizing the facility, so that's one of the reasons I was aware of it and am here. The other is that when I left the county, still as a failure as a retiree, I not only went for an elected position, but I also went to Greater Naples Leadership, and I became president, on the board and then president. Page 74 of 104 March 5, 2020 What I found was this community provides no tax dollars or support for any of the social services needed by this community. And with that in mind, we rely totally on the philanthropy of the community, which is fairly significant, the foundations and the others that support. But if it's not for these social -service organizations, there are many, many people that will be want [sic]. And while I go there to play cards and to play board games, the fact of the matter is 1 see the services and what it does and what it provides to this community. So, one, it is an item that probably fits a little bit better than most would think; two, it's very, very compatible in the sense that it won't have major impacts on the community and; three, and probably most importantly, it is a service that's needed by the full community, not just the Oakes community. And I appreciate your time. CHAIRMAN STRAIN: Thank you. COMMISSIONER CHRZANOWSKI: Norm? MR. FEDER: Yes. COMMISSIONER CHRZANOWSKI: When you worked for the county, what did you do for a living? MR. FEDER: What I did for a living, Stan, was I was administrator for transportation. I'm the one that created Bob's Barricade in this county from 2000 to 2012. MR. KLATZKOW: He was known as Six -lane Norm. MR. FEDER: Thank you. CHAIRMAN STRAIN: Next speaker, Tim. MR. FINN: Next speaker is Steve Bracci. CHAIRMAN STRAIN: Could you spell your last name, Steve, just so it's right with the court reporter. MR. BRACCI: Yes. It's Bracci, B-r-a-c-c-i. Good afternoon, Commissioners. My name is Steve Bracci. I reside at 6141 Hidden Oaks Lane in Oakes Estates. The northwest corner of my property -- my family's property, which is two -and -a -quarter acres in size, touches the southeast corner of the applicant's property, which clearly qualifies us, like many of our neighbors, as an aggrieved or adversely affected party and an inordinately burdened party if this Comprehensive Plan amendment and companion PUD rezone is to be adopted. I have been a licensed attorney since 1994 and have been active in real estate, real estate development, and real estate law since then. The proposed application for the new Naples Senior Center location within our semirural Oakes Estates neighborhood is not consistent with the Collier County Growth Management Plan and, in particular, is not consistent with the Golden Gate Area Master Plan. The applicant has failed to provide the relevant and appropriate data as required by the Community Development Act to show the need, including the intensity of need, and the propriety of this particular location for their new 30,000-square-foot regional destination senior center within our Oakes Estates semirural neighborhood. The only data the applicant has provided is a needs study that ostensibly demonstrates a demand for senior care and food pantry service within the entirety of Collier County and also South Lee County all the way to Estero. Likewise, the Naples Senior Center's own statements and literature show that they do now and in the future intend to serve all of Collier County and South Lee County. For purposes of this Comprehensive Plan application, the applicant's regional needs study does not constitute appropriate data because it does not enumerate the health, welfare, and quality Page 75 of 104 March 5, 2020 of life needs of only the local residents within the rural or semirural Golden Gate area as opposed to the county community at large. Further, there is no data whatsoever to show why the stated intensity of use, 30,000 square feet of intensive daily usage, is necessary to meet the needs of the local Golden Gate area residents and to balance such needs against a preservation of the rural quality of life for Estates residents, including those in the Oakes Estates neighborhood. Moreover, the applicant fails to show the intensity of need for Estates local residents given that there is already a senior -care facility in Golden Gate City which falls within the Golden Gate Area Master Plan and which, pursuant to Goal 4 of the Golden Gate Area Master Plan is, unlike this location, an area specifically targeted to, quote, provide for the basic needs of both the local residents and the residents of the surrounding area. In other words, if a countywide regional destination senior -care facility is to exist within the Golden Gate area, then the Golden Gate Area Master Plan instructs us that the proper site is Golden Gate City and not in the middle of a semirural Oakes Estates neighborhood, which is not even on an arterial roadway, the first such subdistrict anywhere in Golden Gate area, if it's approved. Pursuant to the county's Growth Management Plan, the Golden Gate Area Master Plan was planned and instituted to address the specific geographic areas. Goal 1 of the Golden Gate Area Master Plan was to balance the need to provide basic services and to provide a well -planned mix of compatible land uses which ensure the health, safety, welfare, and quality of life of the local residents. I repeat, the local residents. In this context, the local residents are the residents within the specific geographic areas of the Golden Gate Master Plan, not Collier County at large, and certainly not South Lee County, which the Naples Senior Center has admitted is also within their service boundary. The application also runs afoul of Objective 1.4 of the Golden Gate Master Plan requiring that the county, quote, provide a living environment within the Golden Gate area which is aesthetically acceptable and protects the quality of life. In other words, the Estates residents are also entitled to health and quality of life, not just the aging and senior population which the applicant seeks to serve. Placing a regional -destination 30,000-square-foot senior center inside of a semirural Estates neighborhood does not protect the quality of life of the local residents. Those residents are entitled to maintain a semirural existence without intrusion of such an intense regional use. The Naples Senior Center application also violates Goal 5 of the Golden Gate Area Master Plan. That Goal is, quote, to balance the desire by residents for urban amenities within the Golden Gate Estates with the preservation of the area's rural character as defined by -- and I kind of cut ahead -- limitations on commercial and conditional uses. As a side note, talking about rural character, res ipsa loquitur, the thing speaks for itself. They're talking about a use that they now want to have sheriffs traffic control on Autumn Oaks Lane, which is a side road. How does that meet the rural character and protect it within our community? This application does not preserve the area's rural character but rather destroys it by creating a regional destination or, as the applicant's president likes to call it, a bull's eye for all of Collier County and South Lee County to pour into as a destination on a daily basis. This destination bull's eye is not a rural characteristics but rather an urban one and belongs in an urban area. Incidentally, in a video that I'm going to place into evidence, the Naples Senior Center's president previously recently, a couple years ago, stated that at the current Costello Drive location near Pine Ridge Road and 41 is their bull's eye. So either it's a really big bull's eye or somehow the bull's eye has dramatically removed location [sic]. Page 76 of 104 March 5, 2020 As I'm -- I hear somebody over there saying it did. If it did, it's only because they expanded their boundary all the way up to Estero. CHAIRMAN STRAIN: And, Steve, you've had five minutes. Can you start wrapping it up? MR. BRACCI: I think I have -- two people have ceded time who are still here. CHAIRMAN STRAIN: You guys are supposed to tell me this. MR. BELLOWS: We took these in before we started taking the notes. CHAIRMAN STRAIN: Okay. Does he have ceded time? MR. FINN: Yeah. Bob Walker, Frank Millot, and Tracy Millot. MR. BRACCI: And I don't need that much. CHAIRMAN STRAIN: Okay. COMMISSIONER FRYER: Are they all here? CHAIRMAN STRAIN: Yeah, they probably are. Even if they aren't, he was ceded enough time. MR. BRACCI: As I mentioned, Goal 5 of the Golden Gate Area Master Plan requires, quote, limitations on commercial and conditional uses. Staff and the applicant have analogized the applicant's proposed senior care and food pantry uses to those provided by churches and social fraternal organizations; however, staff admits that both of these uses are permitted as conditional uses in the Estates zoning district. In other words, they are uses that must have limitations pursuant to Goal 5 of the Golden Gate Area Master Plan. Further, the master plan expressly mandates that any such conditional use shall be, quote, consistent with all of the goals, objectives, and policies of the Golden Gate Area Master Plan. This includes the one I am now identifying, for which the applicant has failed to show consistency in this instance. This begs the question: What are the limitations on conditional uses such as the analogized churches and social and fraternal organizations? That answer lies in the land -use designation description section of the Golden Gate Area Master Plan and in Land Development Code Section 2.03.01, Subsection B., titled Estate District E. The master plan shows that the subject property lies within the Estates mixed -use district, residential Estates subdistrict. Within that district and subdistrict, the property's use is limited to two -and -a -quarter acres single-family lots. In other words, rather than having 30,000 square feet of high -intensity daily use, it is presently allowed to have four or five residential lots. According to the master plan, if you're going to seek a conditional use within the Estates mixed -use district, it must either be in one of the four designated neighborhood subdistricts, which this isn't, or in a conditional -use subdistrict, in which case there are four different criteria, and the closest one is the transitional conditional use, as Chairman Strain pointed out earlier, is limited to five acres or less. So creating a new subdistrict for the Naples Senior Center within the Oakes Estates neighborhood that is specifically tailored to them simply destroys the overall locational structure set forth in the Golden Gate Area Master Plan. As Mr. Waldrop says, it's a workaround. It's a loophole that they're trying to create. The conditional -use section of the Land Development Code, Section 2.03.01(b), titled "Estate district," also disqualifies the subject property from its proposed use as a regional senior care center -- destination. That section clarifies that the "E" district corresponds to and implements the Estates land -use designation of the Future Land Use Map of the Collier County GMP. That is, that section is illuminative of the county's Golden Gate Area Master Plan. This LDC section states that the purpose and intent of the Estates district is to provide lands for low -density residential development in a semirural to rural environment. Then it goes on Page 77 of 104 March 5, 2020 to say, and this is important, the "E" district is also designated to accommodate as conditional uses development that provides services for the low -density residential semirural and rural character of the Estates district. In other words, conditional uses such as churches, fraternal orders, and the proposed Naples Senior Center senior -care facility must be designed to accommodate only the local semirural and rural area, not the county at large. The applicant cannot create a subdistrict that is based on a use that is listed as a conditional use within the Estates area and which attempts to serve the need for the county at large. My last paragraph here. Because the applicant has failed to provide localized data showing a need to be served within the Estates area and to show the square footage of intensity of such a need -- maybe it's only 3,000 square feet and not 30,000 square feet -- the applicant has failed to provide the relevant and appropriate data required under the Community Development Act, Chapter 163 of the Florida Statutes. I'd like to put my presentation into evidence along with some other documents and a flash drive that has five videos on it that were from -- about the Naples Senior Center. COMMISSIONER CHRZANOWSKI: Could I make a suggestion? MR. BRACCI: Sure. COMMISSIONER CHRZANOWSKI: The next time you -all talk about this project, don't say it's in the heart of this residential area. It's at one corner of the residential area. I've heard it's in the heart of it, it'sAn the middle of it. I don't see that. It looks like it's at one corner of the residential area. MR. BRACCI: And you'll have plenty of time to make that point at the end. But in terms of what I can or can't say as a public speaker, I think we're entitled to state it as we see it. COMMISSIONER CHRZANOWSKI: Okay. Thank you. MR. BRACCI: And, obviously, minds differ and perceptions differ. It's south of Autumn Lane, right? I mean, we're now -- we're now no longer as a conditional use, you know, by necessity along Immokalee Road. COMMISSIONER CHRZANOWSKL• I'm sorry I brought it up. MR. BRACCI: We've now jumped south --south of Autumn Oaks Lane east to west is nothing but a residential side road. There's a workaround. Because of Oakes Estates being too close to the interstate, they had to make the workaround that Mr. Feder talks about. He didn't mention that. And, therefore, Autumn Oaks Lane has already really taken one for the team by virtue of them having to accommodate everyone else. COMMISSIONER CHRZANOWSKI: Sorry I brought it up. Thank you. CHAIRMAN STRAIN: Jeff, how do we take a flash drive into the records? Do we have a means to do that? MR. KLATZKOW: I don't even know what that means, to be blunt. CHAIRMAN STRAIN: That's what I'm asking. MR. KLATZKOW: Mr. Bracci's to give it to the court reporter. She'll file it. Nobody's going to see it. I mean, when you get to the Board of County Commissioners, you may want to get enough time so you could actually present it to the Board. That way it will have meaning. But I don't know what putting it on the record means. MR. BRACCI: I want it in the record for purposes of preserving the record and using it as a -- MR. KLATZKOW: That's fine. You can give it to her. CHAIRMAN STRAIN: If you'll leave your paperwork and that with the court reporter, we'll -- she'll handle it the best way she can. Next speaker, Tim. And tell me if there's any additional speakers contributing their time, Page 78 of 104 March 5, 2020 okay. MR. FINN: All right. Next speaker is John Nicola. The other speaker in back of it, Danielle Sneed, has ceded time to John Nicola. CHAIRMAN STRAIN: Okay. Is he here? Yep, there he is. MR. NICOLA: John Nicola, N-i-c-o-1-a. Good morning, and thanks for the -- CHAIRMAN STRAIN: Good morning. MR. NICOLA: Thanks for the opportunity to address the Planning Commission. My name is John Nicola. I reside in Oakes Estates at 5690 Hidden Oaks Lane. The applicant's proposal to build a regional destination commercial facility within the boundaries of our residential Estates community is outrageous. There are just under 500 individual residential lots within the Oakes Estates neighborhood, and approving this 30,000-square-foot commercial building will forever change the character of our neighborhood. I have been a member of the Oakes Estates Neighborhood Association Board since 2003, and one of our primary missions is to protect and ensure the nature and character of the neighborhood for our residents. During my time on the board, and even before I became involved, we have worked very closely with developers, engineers, general contractors, various Collier County departments, and both past and present county commissioners. Some of the items that we have worked on with the specific purpose of maintaining our residential character are as follows: Number one, with the help of past commissioner Tom Henning, we were able to get a walk-in county park installed on the corner of Spanish Oaks Lane and Oakes Boulevard. This is county -owned land, and our residents now enjoy a small community park for our neighborhood children. Item number two, a reduction of the speed limit on Oakes Boulevard from the previous 45 miles an hour to the current 35. The county had removed the four-laning of Oakes Boulevard from the 25-year plan with the high number of residential driveways that exit directly onto Oakes; 75 of them, as a matter of fact. This reduction in speed has helped to let everyone traveling along Oakes know that that is a residential thoroughfare. Item number three, we worked very closely with Kite Development, a national developer, when they were proposing to build the Super Target at I-75 and Immokalee Road. They agreed to install a cross -- a flashing crosswalk at our neighborhood park on Spanish Oaks to protect the parents and children as they walk across the busy street. Number four, in 2008 we worked very closely with a representative of a local business owner on the approval of the Standing Oaks PUD. This is located on the west side of Oakes Boulevard between Standing Oaks Lane and Shady Oaks Lane. The development originally called for approximately 250 condominium units, but after numerous meetings and discussions, a smaller number of units, 165 were agreed upon. In addition, numerous other concessions were written into the PUD approval, including any buildings abutting the easternmost strip of land nearest the residents was not to exceed two stories in height. And, most importantly, there's the addition of traffic -calming measures which are teardrop medians at three intersections along Oakes Boulevard. This is in addition to the required changes at Standing Oaks Lane and Shady Oaks Lane. These traffic -calming initiatives are a further testament to our and the county's desire to maintain the residential character of Oakes Estates. In 2015, we worked with the developer and planners, including Mr. Arnold, on the Southbrooke PUD, an office park development with two 20,000-square-foot buildings which is located just to the northeast of the Naples Senior Center. With --but this was approved and Page 79 of 104 March 5, 2020 supported with the only concession -- or one of the concessions that no ingress and egress points would be allowed along Autumn Oaks Lane, and ingress and egress was restricted to a major thoroughfare: Immokalee Road. In addition, numerous other concessions were provided to protect the immediate adjacent residents along Autumn Oaks Lanes. Again, support was granted by the Oakes Estates Association after we were assured that the development would not cause any harm to our residents or the residential character of our neighborhood without having only access on Immokalee. And most recently we worked with GL Commercial Team to support their development at the southeast corner of Logan Landings, the Sprouts grocery store, as most of you know it. The Oakes Estates Neighborhood Association supported this development after numerous concessions for lighting, outside ambient music, signage height, restricted uses by SEC [sic] code, which calls for much more restrictive and limited uses, off -site landscaping, and buffering for residents at Hidden Oaks Lane and Autumn Oaks and assurances that they would not and never intend to connect Autumn Oaks or Hidden Oaks to Logan Boulevard. Despite all of Oakes Estate Neighborhood Association's and the residents' long history of accommodating other uses, we simply cannot support this proposed use. Oakes Estates is a residential neighborhood, and all parties, residents, and government officials alike have worked tirelessly throughout the years to maintain this wonderful Golden Gate Estates designation. If you allow this regional destination commercial use to encroach in our residential boundary, it will forever negatively change the neighborhood we love and have worked so hard to preserve. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker, Tim. MR. FINN: Next speaker is Scott Relf. CHAIRMAN STRAIN: Okay. MR. RELF: My name is Scott Relf. My name is spelled R-e-l-f. And I see things very differently. CHAIRMAN STRAIN: Sir, I'm sorry. You have to be on the mic all the time. There's a walk -around mic if you want to grab it; that will help. MR. RELF: I live at 6020 Autumn Oaks Lane. I just pointed to where that is. The gentlemen that have been speaking to you up until now do not represent me. And I think the color coding on the map illustrates that my neighbors are not being represented by the people that you're hearing from. At the heart of this issue is traffic on Oakes Boulevard, and all the rest of this stuff is just a smokescreen. I live on this street, so I'll tell you what it's like living on this street. If you walk to the eastern edge of it, which is about -- it's a mile long, you can see the lights of the new Sprouts and Logan's Landing Shopping Center. You know, I don't like the lights, but I love the store. I love the restaurants. And as I walk down towards my house from there, on the right-hand side is a fire station. I suppose the siren bothers me occasionally, but I'm sure going to love it if my house is on fire. And if I keep walking down a little further, I see a church, and that church sells pumpkins on Halloween and maybe creates a little bit of traffic. But that's okay. It's neighborhood. Walk a little further, there's another church. If you walk a little further, there's the Southbrooke PUD that this group approved several years ago, and there's going to be some medical offices there. I suppose that that will tear down some trees, which I probably wouldn't like. But Page 80 of 104 March 5, 2020 if I want to go to a doctor's appointment, that could be quite convenient. If I walk a little further, there's the church that you can see on the map right there. Hundred and fifty people come there to worship God every Sunday. I suppose maybe occasionally there's a car parked on the lawn if it's Easter or Christmas, but that's what a neighborhood's all about. And if you walk across the street, there's another church. The only thing on this street that I do not like is there is an abandoned commercial building that has sat there for 30 or 40 years. Every day I drive past it twice. I'm a runner. I run six days a week. Every day I run past it twice. That building is closer to the road than the wall behind you. They have rebar and plywood on the windows. There's a rusty fence that's falling down that is -- I can touch it and stand on the curb. It is an eyesore. And the reason I and the neighbors with green shaded lots there would like to welcome the Naples Senior Center -- of course, they do great work, and we love them for that, but we want a beautiful thing on the corner instead of this 50-year-old abandoned warehouse. I sat next to the architect who designed it for the last five hours, and she was explaining to me how the vision for the way this plan was drawn is that it would be a lot like a clubhouse in a planned community, surrounded by a park and a forest. Well, you've seen all the drawings and the pictures. That's roughly what it's going to be instead of this abandoned warehouse. This will improve my street and my neighborhood. And it may affect traffic a little bit, but let me contrast that with something else. About three years ago the county I live in spent $1.2 million to build a street that is not as long as this room. And do you know what it's been for those three years? It's been Scott Relfs private signal to get on and off of Immokalee Road. Every time I drive on it, there's not even another car there. If I happen to leave at rush hour, which only lasts for maybe an hour in the morning or an hour at night, there might be two other cars on this million -dollar road. And so this whole discussion about this site is somehow at the heart of a neighborhood, just look at the map. Just look at the map. And turning the page to the senior center piece, you know, I have four parents, right, obviously; two in-laws and two parents. My parents live in California. They're 84 and 82, and they live in a community that offers these services. My in-laws lived right near me about a mile away, and both of them have passed away. My mother-in-law suffered from Alzheimer's, and guess where she got her care? At home, because her husband, my father-in-law, said he was going to take care of her. She had Alzheimer's for, like, four or five years. I think we all know what it would be like to take care of a person like that in your house for four years. If this facility had been there, it would have served me, because it would have been a neighborhood service. And then when she passed away, my father [sic] lived until he was 89. And do you know how he got his activities, who played cards and games with him? I did and my wife did. There was no senior center for him to go to. I think this is an extremely worthy project. I think it will serve the neighborhood. I will be thrilled to welcome them. I'll volunteer to work there, and I think my neighbors feel the same way on that map in the green. Thank you for your time. CHAIRMAN STRAIN: Thank you, sir. Next speaker? (Applause.) MR. FINN: Next speaker is Stephanie Molloy. Page 81 of 104 March 5, 2020 Ms. Molloy, if you're here -- and ladies and gentlemen, I know you'd like to clap when someone favors your point of view, but it's real hard to keep order in the meetings, so I'll have to ask you to refrain going forward. Thank you. DR. MOLLOY: Good afternoon. My name is Dr. Stephanie Molloy, M-o-1-1-o-y. I reside at 6131 Spanish Oaks Lane. Thank you for letting me speak today. I oppose the proposed district and zoning changes and request the Planning Commission recommend denial to the Board of County Commissioners. I've heard people speak today of the value and need for a senior community center; however, I don't believe that is the question for deliberation here this afternoon. The request under consideration is to change a large -lot residential neighborhood residential zoning to a subdistrict for a community center and change the Estates zoning district of the properties to a Planned Unit Development zoning. I, like most people, look at a neighborhood and zoning, i.e., what are my potential neighbors going to be, when choosing where to purchase a home and where to live, considering both property values and lifestyle. I chose this location in Western Golden Gate Estates over a more urban setting based on those parameters. I wanted a larger lot, a more rural setting with families but wanted to be closer west and so chose to pay a higher premium for having that larger lot closer in a residential neighborhood. You'll hear some of the other Oakes residents speaking today, but the Western Golden Gate Estates residents have spoken before at the Golden Gate Area Master Plan restudy workshop held by Collier County planning section on October the 20th, 2016. One question asked was: The Western Golden Gate Estates will be distinctive and a premier location for and a complement to Collier County, and the residents filled in the gaps. And I have these answers here to that question. I can hand them out, or I can put it up on here for you. CHAIRMAN STRAIN: Putting is up is probably easier. Thank you. DR. MOLLOY: Hand it up to you? CHAIRMAN STRAIN: No. Put it up on the screen, if you would. Then we can all see it at one time, and the public as well. DR. MOLLOY: With these questions and the way that the answers are displayed, the larger the font size the more respondents responded with that answer. So you'll see the largest font size is residential, large lots, non-commercial, and note, I do understand that the proposed change is not technically commercial. It's industrial or -- not industrial -- institutional. But I suspect the question as it was worded was not residential, institutional, or commercial, and most lay people would really only differentiate between residential and commercial. And the next largest font sizes, or the most respondents, were neighborhood estates, low density. Another question asked: What is the full potential of the Western Golden Gate Estates? I have the answer to that here, too. And these are directly the Collier County restudy presentation from Collier County staff. You'll see that the highest number of respondents said no change -- that's right there in the middle in the largest letters -- residential, large lots, single-family, rural. There are many Senior Center folks here which, to me, indicates they are supporting the need for a new center. Currently, although I'm getting there, I don't actually have an opinion on that at this time. I think that is a separate issue and question. What we're asking -- what they're proposing today is a change in zoning and an addition of a special district in a residential location. I do oppose locating a new center in a large -lot rural -setting residential neighborhood that is not zoned for such an activity. We have heard the petitioner state that they started with 80 members and have grown to Page 82 of 104 March 5, 2020 1,400 members with 20 staff and additional volunteers. And there are many of those members here. And these numbers concern me as a resident who lives, drives, and walks the neighborhood. The number of Oakes residents present today will be inherently relatively small because we are and are zoned for a low -density large residential lots, but the impact to us is great. This is the neighborhood we invested in, lots of sweat equity, too, especially after Irma. And so I respectfully ask you to listen to the Oakes Estates residents today and those that have already spoken during the Golden Gate Area Master Plan restudy, as I've posted the answers here, and consider us and our lifestyle in your deliberations. Thank you. CHAIRMAN STRAIN: Okay. Thank you. Thank you. Next speaker. MR. FINN: Next speaker is Jen Mitchell. MS. MITCHELL: Good afternoon. For the record, my name is Jen Mitchell, and 1, too, am a resident of Oakes Estates. Thank you for the opportunity to speak here today. I would like to express my support for what I think will be not only a beautiful facility but also a much -needed respite for our senior friends to enjoy engaging activities and social connections. The mission of the Senior Center is one that serves some of our most vulnerable citizens. The fact that Jay and Patty Baker are supporting the center only reinforces my view that this will be a nice addition to the neighborhood and will not negatively impact property values, as you saw some of the renderings today. I have yet to see a project in town with their name on it that isn't fabulous: NCH, Baker Museum at Artis Naples and, most recently, the newly -completed Baker Park, to name a few. The fact is that the property in question in its current condition has been for sale for many years and, in its current condition, is an eyesore. Additionally, given that the operating hours of this project are limited to 9:30 a.m. to 4:00 p.m. Monday through Friday with no weekend hours alleviates my concerns with regards to heavy traffic during peak travel times. Also, the Senior Center's willingness to hire sheriffs deputies to help with traffic on the one weekly luncheon day tells me that they do intend to be a good neighbor and are willing to go to great expense to do so. Finally, and most importantly to me, I feel very strongly the services need to be where the people are. This is a great organization whose mission may well serve any one of us some day. Thank you. COMMISSIONER FRYER: Quick question for you, ma'am. Just so that I'm sure I heard what you said, did you say that the properties in question have been for sale for years? MS. MITCHELL: Yes. COMMISSIONER FRYER: Thank you. CHAIRMAN STRAIN: Okay. Tim, next speaker, please. MR. FINN: Next speaker is Alen Silvet. CHAIRMAN STRAIN: Okay. MR. SILVER: Silver. MR. BELLOWS: Silver. MR. FINN: Silver. CHAIRMAN STRAIN: You can use either podium, sir. MR. SILVER: Well, the screen's here, right? CHAIRMAN STRAIN: Well, yeah. If you have something for the screen, absolutely. MR. SILVER: Well, I think so. Page 83 of 104 March 5, 2020 CHAIRMAN STRAIN: Okay. You'll need to spell your name for the record when you get to the mic as well. MR. SILVER: My name is Alen Silver, S-i-1-v-e-r. I do not live anywhere near this area. My wife and I, three years ago, approached Dr. Faffer with a concept, something at the Naples Senior Center. We came to her and said, there's a veteran need at the Senior Center. The Senior Center, if you go there, services probably an 85 percent female audience. By the way, before I go any further, if there are any veterans in this room -- I know there were a few earlier -- thank you very much for your service. I would be remiss in not pointing this out. So we went to Dr. Faffer and said, we'd like to start a veteran club. So she said, yeah, what a concept. Let's give it a shot. So we had five or six people, and then five or six became 20, they became -- at the end of our one-year anniversary, we had 30 people who would come probably to half the meetings. We meet one Thursday a month for an hour and a half. And so what do we provide to these veterans and to the Senior Center? Well, we bring in mostly males. Everybody smiles at everybody. Some of -- one of our -- a couple of our veterans didn't know the Senior Center existed, and several of them go there four and five days a week to exercise, line dance, lunch on Wednesdays. So it provides them quite a bit of camaraderie. We're now three years old, the VIP, Veterans in Paradise. The name came from a 95-year-old World War II veteran. You saw her earlier in a video. She had the ponytail. She was line dancing. So we now have 75 members that we mail invitations to meetings once a month. What do we bring to the Senior Center, and why is it important that it have adequate parking? Several of our veterans have called and said, I tried to go. I couldn't find a place to park, and I can't walk from the church, which is a little further down the street where it's currently located on Costello. I can't make it down in my walker, so I couldn't go to your meeting. What did I miss? So it appears that this new facility, if approved, would certainly eliminate somebody not being able to get or take advantage of the Senior Center or a Veterans in Paradise. So just to let you know what Veterans in Paradise has helped. A gentlemancame to us, a Vietnam veteran. He was telling us he was having trouble getting hearing aids. So coming to listen to one of our speakers, we pointed him in the right direction. He and two of his friends also got hearing aids. Another gentleman, a Korean veteran, missing a couple of fingers. If you're a veteran, you understand that a 50 percent disability, a lot of things happen, the most important thing of which is you don't have to pay for medication for the rest of your life. So one man came to one of our meetings missing two fingers due to artillery. His disability went from 40 percent to 60 percent. Life -changing moment for he and his wife. Why? Because he came to the Senior Center to see what VIP was all about. He just happened to come on the right day. Another gentleman, also a Korean veteran, came to a meeting. I forget who the speaker was. He then connected with this speaker, and they determined that he was due -- he and his wife were living off of their life savings. He and his wife were approved, well, he was approved, for $850 a month retroactive for 25 years. So the Senior Center has done more than serve lunch and have a beautiful space that is certainly overcrowded. There are times when my meeting room has 30 people in it in a room that -- I'm glad the Fire Department doesn't come by, because it's probably designed for 24. So sometimes we exceed our capacity and sometimes we don't, but it depends on who the speaker it. And I can tell you from looking at this -- I mean, I have friends who go to that church in the previous picture. I have friends from Bonita Beach Road who go the church up the street. So I'm pretty sure Immokalee Road services, as well as that neighborhood, from all areas around Collier County. So I hope -- I hope that from what I've seen and heard, that with adequate buffers, Page 84 of 104 March 5, 2020 the neighbors aren't inconvenienced in any way. I don't see it, but I certainly hope that our veteran community can continue to be served at the current rate which VIP does through the Senior Center from now and for years to come. Thank you so much. (Applause.) CHAIRMAN STRAIN: Thank you, sir. Patrick? COMMISSIONER DEARBORN: I have one general comment. Just -- Mr. Silver, to you and your wife -- just a general comment. Thank you for what you do for veterans in this community. Thank you. MR. SILVER: Thank you. CHAIRMAN STRAIN: Okay. Tim, next speaker. MR. FINN: Sunil Pandya. DR. PANDYA: Hello. You probably want me to spell my name. Sunil, S-u-n-i-1, Pandya, P-a-n-d-y-a. And if we were --if we had the --if we had the neighboring supporters' slide up, I'm the green to the left on the corner. I'll just quickly point to it. So, basically, out my front door is where I see the current property every day in the -- and they'll be looking at me. I'm a physician in town for 16 years. I've lived in Willoughby Acres, the Lane, and now Oakes Estates since 2016. Of course, Irma came in'17, and we had to --like many Oakes residents, had to spend some time fixing our property. This is sort of a difficult day for me. I'm supposed to be in D.C. talking about coronavirus to our Department of State, and I decided to be here and miss my meeting, and I did that because I think you have to take care of your own backyard and your own estate first. It's difficult because most of my friends are on the other side opposing this, and I'm for it, as you see the green behind me. You can't have better neighbors than the one we have in Oakes. Mr. Walker left, but I remember meeting him because a huge tree fell on my property, and he helped me right after Irma. I had people who I never met come up to me, most of the people who are opposing this, so I know they're wonderful neighbors. But this is not in the heart of Oakes. It is not a commercial development. And my wife and I see that warehouse every day that we live there, and our children are scared to walk across the street. It's not an exaggeration. People on Spanish Oaks and Hidden Oaks might not walk by therein the middle of the night, like we have joggers, and my wife. But it is. You hear noises. You hear things going on. We've reported some things to the police. It is not being used. It is abandoned. There's rust all over it. There's "no trespassing" signs. I've never seen anyone there. Except, curiously, a week ago it was open, and I don't know why. And it has been on sale. I've tried to buy it multiple times. I've spoke to the owner. He will not sell the parcel the way it is, no matter how much anyone tries to bully him, and he's actually put in his will not to. So it's one of those things that you're better off trying to compromise and create a neighborhood rather than being stubborn. And I think that while Oakes Association board and the president, who now is a friend of mine and has met with me about this issue and we've become friends, are excellent. I think at the time -- it's sad because the time for a compromise was a couple months ago when sitting down with the Naples Senior Center and talking about things like parks and water features and perhaps buying the motorcycle shop and things like that and better berms and things that would have avoided this completely, and we would just be in a planning commission instead of an emotional commission meeting would have been more appropriate. I hope that we still can potentially do that. Page 85 of 104 March 5, 2020 Property value. I don't think having a three -acre property as nice as mine is trying to be looking straight at a warehouse that's abandoned is in the best interest of anyone on Autumn, and I think that's why you see all those green properties, because we actually walk and live on that street, and we welcome them wholeheartedly. Bakers. I came here in 2004, and Naples Community Hospital North was a shack. I was the only physician who was on call there. I was the director of that hospital. I reached out to the then president and said, what kind of care are we giving to North Naples? Everyone cares about downtown, but we don't even have an MRI machine. Jay Baker and Patty Baker stepped up and built what you see there today. When my -- when we had such problems with animals, animal cruelty and things in Collier County, Jay Baker stood up, and Patty Baker, and made sure that we had animal care in our community. Has anyone been to the Jay Baker and Patty Baker Park? There'll be weddings there. It's the most beautiful thing that we have in Collier County. When Jay and Patty Baker put their name so something, whether it's in this community or in New York or in other places, it is not only the highest quality, but is with the greatest heart I've ever seen displayed by man. He will ensure my privacy, he will ensure the property values of Oakes Estates, and he will ensure that the Naples Senior Center will be here not for years to come, but decades and decades and decades and decades, and he will not allow this to be a Motel 6, a gas station, or all the other things that people have knocked on my door and have said. It will not be a memory unit for overnight care. It will not be a hospital. It will not become any of those things. It will remain the Naples Senior Center. I hope that -- although I don't know many people in the Naples Senior Center, that my daughters will volunteer there. I hope that they'll cross the street carefully, because there will be a little bit of increased traffic. I hope that me, as the parent, will make sure that they will be okay walking across the street, because I think the value of taking care of your seniors is a lot greater than having 15 more cars. The idea of 485 maximum people in a center over the course of an entire day perhaps, as a maximum, is a lot less than anything else that we could possibly have. And the thought that five -- that this man is going to buy -- that he's going to sell five of these properties, and only two people will leave your property a day is just not correct. There was a traffic study done on my house. I had 45 entrances and exits. We all have lawn services, we have pool services. We have -- my children have licenses. My wife works separately than me. Don't think that you only come in and out of your house twice. It's about 30 to 40 times per house. And you have six of them, so you have 240. Traffic study here is not that much. CHAIRMAN STRAIN: Doctor, you've gotten past your five minute. Could you start to wrap up, please. DR. PANDYA: And I will wrap up. Thank you very much for your time. CHAIRMAN STRAIN: Thank you. Next speaker. (Applause.) MR. FINN: Next speaker is Bob Mercaldo. (No response.) CHAIRMAN STRAIN: Bob Mercaldo? There he is. He's coming. Who is the speaker after Mr. Mercaldo so the next person's ready? MR. FINN: Yes. Robyn Smith. CHAIRMAN STRAIN: Thank you. Page 86 of 104 March 5, 2020 MR. MERCALDO: I have not been sworn in. CHAIRMAN STRAIN: Okay. We'll take care of that. Thank you for telling us. (The speaker was duly sworn and indicated in the affirmative.) MR. MERCALDO: My blood pressure came back. I noticed it in the chair. Thank you, Doctor. I've been going to the Senior Center -- COMMISSIONER FRYER: Sorry, sir. Your last name? MR. MERCALDO: Mercaldo, M-e-r-c-a-l-d-o. Not Mercato. COMMISSIONER FRYER: Thank you. MR. MERCALDO: I get that all the time. I've been going to the Senior Center for five years. They're about a year older than me. Well, their business is. And it was a God send and a God find. I have never been involved with such a friendly, giving, warming place in my life, and I've been a lot of places. The people bend over backwards, literally, for you, and they've had nothing but great people there. This matter should be a heads in -- they're going to beautify that neighborhood. They're going to put quality people in charge of a business that is successful. I hate to call it a business, because that's not what it is. But Dr. Faffer, we talk almost every day, you know, and I'm just a resident, you know. All the friends in the back, that Wednesday lunch, I sit with a World War II hero who has dementia to a point, but he has gotten my heart. And he has a touch of dementia. His name is Roy. And I look for him, and if he's not there, I get nervous, and sometimes he misses some days. But when he comes, we have a great time. He's from Chattanooga, Tennessee. And you know what his favorite song is, right? It involves a choo choo. We sing it. I bring it up on my iPhone, and we sing it, and it makes his day. It's just me I'm talking about. I'm not going to -- and here is another one. Mike and Susan here, volunteers. The volunteer staff is incredible. Even when -- I can't remember volunteering for anything in my life, but when I got here, I saw what volunteers really are, what they're supposed to do, and how friendly and giving they are. It's five stars with me. It's five stars. And any of this other stuff that you've heard, maybe I'd be saying that if I lived where they live, but even if 1 did, I would want that beautiful building behind me instead of what's there now, the shed and the motorcycle repair place. You've got to use it to describe to people to get where you live. Look for the shed and the motorcycle, and then make a right. You know, look, that's my minutes. Thank you, Dr. Faffer. CHAIRMAN STRAIN: Next speaker, please. MR. FINN: Next speaker, Robyn Smith. MS. SMITH: Robyn Smith cedes her time. CHAIRMAN STRAIN: Next speaker, whoever she cedes her time to. UNIDENTIFIED SPEAKER: Waives her time. CHAIRMAN STRAIN: Waives her time, okay. MR. FINN: Next speaker, Bobbi Sutton. CHAIRMAN STRAIN: Bobbi Sutton. MS. SUTTON: Right here. CHAIRMAN STRAIN: Oh, there she is. MS. SUTTON: Good afternoon. I'm an Autumn Oaks Lane resident, and just --I'm a little bit further down, so I would pass this property every day in and out of my home. And I'm here to also represent a couple of neighbors in the back as well from my street. Page 87 of 104 March 5, 2020 I am here to express my opposition to the Naples Senior Center being built within my residential community. I do believe it's in the heart of my neighborhood. It's in the heart of my street that I'll pass every day. My children would catch the bus stop right at this corner that you're discussing. Let me tell you a little bit about my family. We've heard a lot about the clients that the Naples Senior Center serves. I'd like to tell you about the families that this community -- the families that reside there. I'm a teacher. My husband's a law enforcement officer. Our home on Autumn Oaks Lane was completed in 1999. And when my husband and I got married, I owned a home in the Orangetree subdivision. He begged me to move to the country which is now how he referred to our property on Autumn Oaks Lane. At that time, we were making no more than $90,000 a year combined. And I tell you that figure only to explain to you how hard we have worked to own our own property in a very desirable but expensive neighborhood and why we are so upset to think that the Naples Senior Center would be able to build within our residential boundaries, diminish our family's quality of life, as well as the value of our property. After getting married, our family grew, and our desire to stay in a neighborhood we loved led us to aggressively save to build an addition onto our home. We have always felt extremely blessed to have been able to afford a home in such a beautiful and quiet neighborhood, a home that has allowed us to live a peaceful life amid the hectic pace of raising children and working full time. Our family has called Autumn Oaks Lane our home for over 20 years now. As our children have grown up, we have ridden bikes up and down our street and have walked to meet up with friends for play dates at our neighborhood park built by Collier County. My children are not grown yet. We decided to have children very late in life, so I am still raising my kids in this home, and we plan to use it for many years. We chose to live in Oakes Estates to provide us with a lifestyle that did not include other families right on top of us and certainly not one in which we shared our residential street with an institutional building. Would we have invested so much money into an addition on our home if we knew there was a possibility of commercial encroachment into the boundaries of our neighborhood? Maybe I should have said "institutional encroachment." The answer is an emphatic no. When I learned about the Naples Senior Center plan to acquire property in our neighborhood, our residential street, and our community, I was baffled, puzzled that a group whose mission is to do so much good for the elder population would be willing to do that at the expense of yet another population, the Oakes Estates residents. That's nearly 500 hard-working, taxpaying property owners. How can the Naples Senior Center work so tirelessly for our elder population yet deliberately fight to diminish the quiet character of our neighbor? They believe their mission is to help the elder population. They believe that mission supersedes our rights as residential property owners. Their desire to build within the boundaries of our residential community would be to the detriment of my family, my neighbors, and many of the Oakes Estates residents. This building would affect the character of our neighborhood, our quality of life, and our property values. Thank you. (Applause.) CHAIRMAN STRAIN: Thank you. Ladies and gentlemen, let's go to the next speaker then. MR. FINK: Next speaker, Tamara Strohl-Samuel. MS. STROHL-SAMUEL: Hi. Good afternoon. Page 88 of 104 March 5, 2020 CHAIRMAN STRAIN: Would you mind spelling whatever parts of your name might be needed to be spelled. MS. STROHL-SAMUEL: Sure. Let me just lower this. S-t-r-o-h-1, hyphen, S-a-m-u-e-l. CHAIRMAN STRAIN: I'm glad you did that. Thank you. MS. STROHL-SAMUEL: Sure. Not a problem. I'm just going to show you where my house is located. CHAIRMAN STRAIN: Okay. MS. STROHL-SAMUEL: And it's right there. CHAIRMAN STRAIN: Okay. Thank you. MS. STROHL-SAMUEL: Presently, that's three parcels down from the Senior Center. And I'm going to talk similarly to Bobbi, who just spoke, who's one of my neighbors. And I'm going to show you, in particular, what my family looks like, since everyone's getting so personal. CHAIRMAN STRAIN: Actually, you've got to do it right side up. It takes the picture from above. In the middle. Go in the middle. You're getting closer. There you go. Now you just blacked out your screen. MS. STROHL-SAMUEL: All right. So there's myself, my husband, and my two kids. And this is a little bit of a difficult day for me, and I'll just explain that I actually know a lot of the people that are attending the senior center. I think it's a great cause. I don't have anything against it. I applaud you. But I have to explain that none of these people live where I live, and so I think they would feel similarly to me if it was three -- going to be three houses down from my house. I have a son who's 15. He attends Gulf Coast High School. He is dismissed at the time when these activities are ending, so that's going to affect him. My daughter is a senior. She's at Community School. And guess what? She gets released at 3:45, which is exactly when these activities end. We live at 2220 Oakes Boulevard. It's a two -and -a -half -acre lot, and I have lived there with my husband and my two children for over 10 years. We're also forgetting about the fact that the kids have breaks, the kids have summer breaks, they have school breaks, they have days when they're sick, they have days when there's half days. All of these things will come into play for our children and our family when there's traffic. When my husband and I took all of our life savings and started searching for a house, we chose this community in particular because we wanted a large acre lot. We didn't want a lot of traffic, and we didn't want, sorry to say, but our neighbors on top of each other. During the hurricane, as it's mentioned before, all of us really pitched in. We all have gotten to know each other. And it's a really nice friendly community. And I'm sure the people that attend the Senior Center are also very nice. And, respectively [sic], to the man that just spoke who lives, I guess, right next door at 2391, when he purchased his house, that lot -- that vacant lot with the abandoned building was on there, so he chose to purchase that lot knowing what it looked like. We need to take into consideration what our feelings are and what the original master plan was when we purchased our land and when we relied on this master plan when we purchased it. It was strictly a residential community. We absolutely never imagined that there would even be a proposal for a 30,000-square-foot commercial building near us, and we can't really believe that we're even having to come and talk to you about it, because it's a residential neighborhood. The churches that they have mentioned are off Immokalee Road. This would not be. They actually came and spoke to us at our association meetings on two separate occasions, and they told us and promised us that if there wasn't any support, they would not build in our area. Page 89 of 104 March 5, 2020 They knew when they purchased the land that it was not zoned commercially. They also told us that it would have been approximately serving 200 -- I don't have the exact number, the maximum capacity, and then they came to a second meeting and said that there was this big change, okay. Well, now that capacity doubled to 485. I have absolutely no idea why they would have chosen our area when there is many, many other properties of land that they could choose to be on. And finances for them is definitely not an issue. I mean, if you Google Senior Center, you'll see that they have fund -raised over $15 million. I have never seen a commercial property in a residential neighborhood that is not off of a main artery in Golden Gate Estates. I'm a practicing attorney. My office is across the street. And I purchased this land with my husband because I didn't want to be where there was 30,000-square-foot properties that are commercial. So I have chosen to drive in every day to my office because I wanted a peaceful neighborhood. I didn't want traffic. I didn't want another 500 cars. Why is the burden being shifted to us to show how this community is going to benefit us? In fact, you've heard from every neighbor, a man who's lost his parents. It's not going to serve him. It's not going to serve me. Bobbi, who was just here, it's not going to serve her. I haven't heard them say or show that our local community is going to be served. It won't be. I will submit to you that, in fact, it's not only not serving me but it's harming me and my property value and my lifestyle and my family, and I respectfully ask you to please vote no on this amendment change. Thank you. (Applause.) CHAIRMAN STRAIN: Thank you. Next speaker? MR. FINN: Next speaker is Prentiss Higgins. UNIDENTIFIED SPEAKER: He had to leave. MR. FINN: Next speaker is Jennifer Pandya. MS. PANDYA: Good afternoon. My name is Jennifer Pandya, spelled P-a-n-d-y-a, and I actually live on 2391 Oakes Boulevard, and I'm actually in favor for the Senior Center. I'm actually very excited for it to be built. Many reasons, but I'm only going to say two. The first one is actually because of the way the building that I'm across from and what it looks like. I'm tired of looking at this building consistently on a day-to-day basis. I jog. I walk with my dogs. And this area is very eerie, especially at night when I walk my dogs. It's very dark. And I would like to see something beautiful in this area of Oakes and what it represents. It's a very beautiful community with a lot of landscape. And this particular part, which is right across from my property, it doesn't look good. It's rundown, it's beat up, and there's no upkeep in the landscaping. And so I'm hopeful with what we've seen with what Jay Baker has created in the past that he is going to provide nothing but excellency and a beautiful area for us to look at every day as we pass through Oakes Boulevard. And I'm looking forward to being able to feel safe and walk my dogs in that particular area with lights and, you know, and maybe some interaction there, instead of it just being dark, dreary, and abandoned. My second point would be there are a few seniors that actually live in the community that I know that are afraid to come here today and speak up because they're afraid of what their neighbors are going to say about them and how they'll be treated. And so I'd like to be a voice for those seniors. Specifically, I work as a physician assistant and I cater to a lot of the seniors. I work for them, I represent them, I support them, and I love them. And so I would like to be that voice for them who don't feel comfortable coming up and Page 90 of 104 March 5, 2020 speaking. They're excited. A lot of them that I've spoken to are excited and looking forward to going to this senior center, and so I told them I would come up here and represent them. Even though I don't like public speaking, I'm here. And so that is the reason why I'm speaking today. I don't -- oh, and, also, my daughters are excited to volunteer. And so they're looking forward to being part of -- I think there could be a lot of synergy between the Senior Center and our community. I think this community represents love, peace, unity, and I hope that, despite our differences, that we can welcome the Senior Center with that type of how we -- what we believe we represent ourselves as. And I look forward to meeting all of you if this does pass and maybe even working with you guys. So thank you. CHAIRMAN STRAIN: Thank you. Before you call the next speaker, Tim, how many speakers more do you have listed? Do you have any idea? Holy cow. You're still counting. The only reason I'm asking -- MR. FINN: Seventeen. CHAIRMAN STRAIN: We've got about 40 minutes left before we're going to lose two members. And, myself, I was going to leave at 4:00. 1 have been texting my wife and telling her, please understand I've got to stay a little longer. So I don't think we'll finish if all these people speak. We'll certainly do the best we can, but we will be, about 3:35 [sic], we'll have to start wrapping up and seeing where we want to go. COMMISSIONER FRYER: 4:35. CHAIRMAN STRAIN: 4:35. In the meantime, Terri, that's about another 35, 40 minutes. You okay? THE COURT REPORTER: Yes. CHAIRMAN STRAIN: Okay. We'll continue on with the public speakers, and we'll just do the best we can. If we can't finish today, it gets continued to the March 19th meeting, so we'll finish at that time. MR. YOVANOVICH: If I --Mr. Strain, I just want to reiterate to the people who are here on behalf of the Naples Senior Center, you've already -- you've already mentioned that you're here, so I would appreciate your waiving your speaking. I don't know how many of these people there are, but we would like to see if we can get done today. CHAIRMAN STRAIN: I know you started out that way. It just hasn't worked quite like we talked about. MR. YOVANOVICH: I'm trying to. CHAIRMAN STRAIN: Go ahead, Tim. Would you call the next speaker and -- MR. FINN: John Boettjer. MR. BOETTJER: John Boettjer, B-o-e-t-t j-e-r. You bet your life. I am a senior, obviously, 84. I live where that No. 6 is, just a little bit off the --off the illustration, but I am fully, strongly, rabidly in favor of the Senior Center. I do not attend the Senior Center, but since my quadruple bypass a few weeks ago, I'm thinking that would be a good thing to do. I also have a life partner of 47 years who has paralysis. So having access to a facility as great as the Senior Center would be wonderful for me even within walking distance, which would be a good exercise. So I missed my cardio session today to come here to represent many seniors. This is a working community, and that's wonderful. But there are seniors there, such as myself, and all of you will -- who are against this will be seniors, and then you'll find out what it's like, and then you will be in support of such a great institution. Thank you. CHAIRMAN STRAIN: Thank you, sir. Next speaker, Tim. MR. BELLOWS: Frank Craparo. Page 91 of 104 March 5, 2020 CHAIRMAN STRAIN: He's waived. Next speaker. MR. BELLOWS: Jay H. Baker. MR. BAKER: I'm going to waive. CHAIRMAN STRAIN: He's waived. MR. BELLOWS: Peter Goodin. CHAIRMAN STRAIN: Peter Goodin. MR. GOODIN: My name is spelled G-o-o-d-i-n. I'm a resident of Oakes Estates. I'm not a member of their board, just a resident, past member of the board. Oakes Estates Advisory Board was formed in the late '90s when Nancy Jane Tetzlaff first saw the dump trucks rolling down our street and into the tomato field at its east end. Nancy, better known as half of Jungle Larry and Safari Jane, sprang into action. In short order, our sleepy dead-end residential lane was no longer the construction entrance for Saturnia Lakes. Unfortunately, we had already lost another battle. A land swap between Collier County and the developers had ensured that when Logan Boulevard was built, it would be slap against our easternmost homes instead of 550 feet further east of them. Oakes Estates is unique in the Golden Gate Estates as the only discontinuous part of this vast area. We are an island of low -density, old Florida that is bounded by high -density development on all sides. When Logan was built, it closed the box with Vanderbilt Beach Road, I-75, and Immokalee Road. Much of the Oakes Estates Advisory Board, which I understand they now call themselves the Oakes Estates Neighborhood Association, I think, most of their efforts over the last 20 some years have gone toward negotiating with developers in and around our borders to mitigate the impact their projects have on our residents and our quality of life. Our community -elected volunteer board has sat across the table from Mr. Arnold and Mr. Yovanovich many times, though I seriously doubt we could afford even a day of their time. The north half of Oakes Estates, which tends to use Immokalee Road to come and go, has 211 single-family homes. We also have nine developer -approved nonresidential properties, some of which our board supported with conditions. Cypress Cycle Shop was grandfathered in. We welcomed the North Naples Fire Station. Seven different churches have found homes in this one square mile. Five of these have access from within Oakes Estates, two only from Immokalee. The Southbrooke medical office complex is slated to go in on property adjoining Autumn Oaks Lane soon. Collectively, these buildings have over a thousand parking spaces. They are clearly serving the wider community. These people can save your house from a fire, fix your dirt bike, take you to the hospital when you fall off it, provide follow-up medical treatment, and if the worst happens, save your soul seven ways. My point is, as a neighborhood, we have contributed to the greater good. This is a graph of nonresidential parking versus residential parking in the north half of Oakes Estates. It's roughly Unit 97. It's graphed by year. I assign two cars to each house. The exact numbers are not as important as the slope, the rate of change. Clearly, sometime around 1990 things became uncoupled in Oakes Estates. I believe this is due to the rise of gated communities that don't have to make provision for social services. If the approved Southbrooke complex and Naples Senior Center go forward, the future looks like this. It wouldn't all fit on one page. Off screen below is the residents' contribution. I am not talking about traffic or anything. I'm just trying to find a way of measuring the relative contributions of residents and institutional use here. Other people have spoken to the issues that the members have. I'll just say one thing Page 92 of 104 March 5, 2020 about the scale. Nearly every family member of the aforementioned 211 could fit in the parking lot of this building. And as far as location -- is this hot? CHAIRMAN STRAIN: There's a button somewhere on there, if the battery's working. MR. GOODIN: I'll try and turn around. I wonder if we can put up the previous slide that was up. We've heard from a number of the people in the green properties that one of their biggest concerns is that they live across from an eyesore, and I sympathize with that, but it's not necessarily the fix to replace it with 30,000 square feet. I want to point out that Mr. Yovanovich showed a map similar to this, and the property immediately to the north, the congressional church, was approved by our association with the condition that they entered and exited off of Immokalee. The county told them they couldn't, and we reluctantly gave them permission to enter off of Autumn Oaks. Mr. Yovanovich used that, among other properties, to claim that the next property south ought to qualify for rezoning as well. I want to point out that that property is about eight times larger, and where does it end? We're really concerned that we're going to wind up with a commercial or institutional right down Oakes. And we're talking about redevelopment, not empty lots. The house immediately south of Sunil's property is a rental owned by something called Oakes Resources Incorporated. If the reasoning that Mr. Yovanovich used that they should be allowed to rezone because there are conditional uses to their north, then where does it end? I believe that Collier County should commit to assisting the Senior Center and finding a more appropriate location for their project, and I believe that the Naples Senior Center should accept that assistance. Thank you for your consideration. CHAIRMAN STRAIN: Thank you. Next. COMMISSIONER CHRZANOWSKI: One thing. You know, you can't landlock a parcel, so that church you're talking about, they had no choice. They -- the county wouldn't let them go in off Immokalee. They have to come in off another street. You can't just landlock a parcel. CHAIRMAN STRAIN: I was actually involved when that happened, and what I think he's trying to say is they weren't going to come out on Autumn Oaks when they got -- originally approached the advisory group, and somehow it ended up that way, having to be done that way. Nobody was trying to landlock them. I just don't think anybody expected the way it came out at the time they were discussing it, so... COMMISSIONER CHRZANOWSKI: Okay. You -- CHAIRMAN STRAIN: Next speaker, Ray. MR. BELLOWS: Evilia Iglesias. DR. FAFFER: She left. MR. BELLOWS: Lisa Rayburn? CHAIRMAN STRAIN: Lisa Rayburn. MR. BELLOWS: Or Pyburn. Excuse me. MS. SWANK: Actually, I'm speaking on behalf of her. CHAIRMAN STRAIN: Wait till you get to the mic and now -- and state your name. MS. SWANK: I haven't been sworn in yet. (The speaker was duly sworn and indicated in the affirmative.) MS. SWANK: My name is Stephanie Swank. I live on Oakes Boulevard. My husband and 1, Doug and I, we've been there since 1994, so 26 years. My whole speech has changed because of the way that this process has been going, and people have to leave, working families. I was supposed to represent Pamela Storar (phonetic), and Lisa Pyburn, and then I have my eight points to make as well. Page 93 of 104 March 5, 2020 And I'm going to start with the families, the children. Nobody's talking about the children. All we're talking about is the seniors, the seniors, the seniors. And, by the way, from -- from the video that we saw, it's a wonderful facility. It's lovely. Tai Chi, art classes, Spanish classes, gardening, that's lovely. My mom's 83 years old. I'll bring her there, and then I'll go there myself in about 30 years, but I don't want it on my street. It needs to go in an area where it should be. So it's a lovely facility. You're all here to support it. I think it's great, too. I would even volunteer as well, but not in our neighborhood, okay? We live there, and we have children and dogs and cats and strollers and bicycles and roller skaters and skate boarders. I've been on that street since 199 -- January 1994. Long time. And I'll be happy to show you a family of a -- a picture of my family. How. do I do this here? CHAIRMAN STRAIN: We've started family picture trends here. MS. SWANK: I want to appeal -- CHAIRMAN STRAIN: Actually, it has nothing to do with zoning, but everybody else has done, so you're more than welcome to. MS. SWANK: A lot of the conversation kind of went the wrong way. But there's my lovely family. Those are my -- our three children, and this -- and with our dog and our cat. And this was a long time ago. Two in college now, and our youngest son is 15, and he's driving and coming in and out of that driveway. And I'm an advocate for the slow speed. I -- I have tried to impose it myself at times, so I like that 35 mile an hour because I want my children to be safe. And during busy hours, we can't even pull out. The other day there was an accident, and it was backed up. I couldn't even get out of my driveway to go to my workout class at Orange Theory down on Vanderbilt. Yeah, well, I mean -- CHAIRMAN STRAIN: Ladies and gentlemen, please. We're not here for that today. We're trying to get through the meeting. MS. SWANK: So let me make a few points, because what Pamela Storar said is basically what everybody else said, so I don't have to repeat myself. And Lisa Pybum said that she lives on Spanish Oaks. She has four children, and that there are at least 30 kids on her street from newborns to high school, okay. So I want to talk about the children. There are a lot of children in Oakes Estates neighborhood, okay, including my own, my neighbors, across the street, best friends, the Vits, grew up together. It's a lovely neighborhood, and we love it. Point No. 1, this lady here, she said that it was the location, that it was on the corner of Valewood Drive and Autumn Lakes -- Autumn Oaks Lane. No, it's not. It's on the corner of Oakes Boulevard and Autumn Oaks Lane, as you can see, right? So that's wrong. Number 2, compatibility. Compatibility with the neighborhoods is a single-family house, okay? That's compatibility. Number 3, Terry's Cycle was grandfathered in over 30 years ago, okay? My husband even has gone there with his bike and his tractor, and he's there. It's okay. He's been grandfathered in. And that's it, and same with the church. Number 4, density. We talk about they're going to limit it to 485 people per day. Wow, that's a lot of people. If you were to translate that into elementary school children, that would be the equivalent of about 30 -- or 16 elementary school classes, 30 children in each class, right? So look at it from that point of view. Four hundred eighty-five seniors is equivalent to about 16 elementary school classes. Number 5, hours of operation. They keep saying off-peak hours and that they analyzed the traffic. Off-peak hours. So employees is from 8:00 a.m. to 6:00 p.m. That is not off-peak hours, okay. Page 94 of 104 March 5, 2020 School starts at 7:00 at Gulf Coast High, and it goes all the way till 4:00 when the middle-schoolers get out, okay. So 8:00 to 6:00 is not off-peak hours. And the programs are from 9:30 to 4:00. Great, just when everybody has to be going -- getting to work at 9:00. We need more cars on the road for seniors to go enjoy themselves and have a good time. And that's fine. That's great. You should, but not on our street. Not in our neighborhood, okay? CHAIRMAN STRAIN: Miss, your five minutes is -- can you wrap it up, please. MS. SWANK: Okay. All right. Almost done. Number 6, the current warehouse, we talked about it, not in use, so subject property is not in use. We talked about it. That case, the owner is holding out for a big payout. That's exactly what's going on here, okay. Let's just state the obvious. Let's be truthful and honest here. He wants a big payout. He's going to hold on, and he's going to get whatever he can possibly get for it. Hey, I would do that, too, but I have property elsewhere that I've done that with. And No. 7, the impact. The impact that it's going to have, a 30,000-square-foot colossal two-story building versus five beautiful estate homes. That's what the impact is going to be. So I'd rather have five beautiful estate homes on Oakes Boulevard rather than a colossal two-story building. And if anybody's driven down Orange Blossom next to Saint Catherine's Greek Orthodox Church -- CHAIRMAN STRAIN: You've to wrap -- MS. SWANK: -- there's a building right there, and it looks huge. It's massive. CHAIRMAN STRAIN: You're gong to have to end your discussion. MS. SWANK: Last one, No. 8, my last point, yep. Bottom line here -- CHAIRMAN STRAIN: You're not helping yourself. MS. SWANK: The bottom line is it's all about money. It benefits them financially, and it's a detriment to the homeowners and to the Oakes Estates neighborhood. CHAIRMAN STRAIN: Thank you. MS. SWANK: And that's all. Thank you for hearing it. CHAIRMAN STRAIN: Ray, next speaker. MR. BELLOWS: Michael Vitte or Vitte. MR. VITTE: Waive. MR. BELLOWS: He waives. CHAIRMAN STRAIN: Okay. MR. BELLOWS: Edward Boutet? CHAIRMAN STRAIN: Edward Boutet? (No response.) CHAIRMAN STRAIN: Not here apparently, Ray. MR. BELLOWS: O.T. Nelson. MR. NELSON: I think I was in the group sworn in. CHAIRMAN STRAIN: No, you can speak, just I don't know what -- MR. NELSON: Okay. CHAIRMAN STRAIN: There was a group that raised their hands for waiving but another group sworn in as well, so you're more than welcome to speak. Get closer to the mic if you can, sir. MR. NELSON: I live in Longshore Lake, and I've got our only child and grandchildren and so on live deep in the Oakes. And I pass this intersection many times. There's probably not many people in this room, expect the people that have lived on Oakes for 40 years, that have passed that intersection longer than I have. Where I come from, they would call that intersection a dog. That would say that's a Page 95 of 104 March 5, 2020 terrible intersection. You don't want to go by there, you know. And it's clear that that property didn't get picked up and included in the initial construction over there, so it's kind of a leftover. And when I came and heard some of the negatives, negative neds that preceded me, I was down. But now that I've heard some people that say they're for it, and they live right next door or across the street or something, I feel better about humanity, and I'm not going to take any more of your time. Thank you. COMMISSIONER FRYER: What's your last name, sir, quickly? MR. NELSON: Nelson, N-e-1-s-o-n. COMMISSIONER FRYER: Got it. CHAIRMAN STRAIN: Next speaker, Ray. MR. BELLOWS: Tony Palladino. William P. James. MR. PALLADINO: Do I need to spell my name? P-a-1-1-a-d-i-n-o. Some of the stuff has probably already gone through, so I'll try to go through. I started off with good morning, but good afternoon. Tony Palladino. I'm a resident of Oakes and a member of the Oakes Estate Neighborhood Association. I live at 6460 Hidden Oaks Lane. I'd like to start off by saying I love the mission of the Naples Senior Center. I just don't like the location. Same sentiment of a lot of us. I'd like to set up a timeline, express my hesitation to trust the ultimate intent of this application. The Oakes Estates Homeowners Association was contacted by Mr. John Passidomo on July 27th, 2018, to inform us of their intent or interest in the Winkler property, this 13.6-acre tract of residential property, as a possible new home for the Naples Senior Center. A subcommittee of our board met with the representatives of NSC on October 22nd, 2018, to listen to their plan, have an opportunity to ask questions. At that meeting we were told that if the Oakes neighborhood was not in support of the ultimate plan to relocate the Naples Senior Center to this 13.6-acre Oakes Estate tract of residential property, they would pursue -- they would not pursue it. They would look for an alternative location. In a conversation on November 9th, 2018, the board expressed to John Passidomo 100 percent that we are vehemently opposed to this location for the NSC project. On January 9th, 2019, communication between Oakes board and John Passidomo, it was reaffirmed, as previously stated, the majority of Oakes Estates neighbors oppose the location for the Naples Senior Center. At that time, Mr. Passidomo stated that he would have further conversation with the stakeholders at Naples Senior Center and convey the neighborhood's position. He reinforced a previous comment made: He did not believe the Senior Center would pursue this location without the neighborhood support. This is what we've been told through the whole process. And we're open -- as other people have stated, we're not closed to development that fits. This just doesn't fit. Another -- on another occasion, our subcommittee met again with John Passidomo and Wayne Arnold on March 29th, 2019. Again, we expressed our opposition to this location while admiring the mission. They then informed us that they intended to pursue the property and the CF-PUD. On April 12th, 2019, NSC submitted their application to Collier County. Here we are today standing in front of the Planning Commission to defend our neighborhood and hold county staff accountable to the Golden Gate Master Plan and LDCs. 13.6 acres and a 30,000-square-foot facility can certainly support activities for more than the stated use or capacity of 485. Things have already changed from the first NIM to the time that this application was submitted. At the NIM we were told the max capacity would be one day a week, and they only Page 96 of 104 March 5, 2020 expected to not exceed 280 people for a Wednesday lunch, their big day. This application lists a daily use now of 485. History will show intentions and requirements change as a mission like this evolves. It's only a matter of time before the membership exceeds the facility. By their own admission, in just five years the Naples Senior Center has grown from serving 80 members to over 1,400 -- and accolades for that. That's great -- and 1,400 members, which is still just a small portion of the over 20,000 in Collier County who have dementia. The need, I agree, there's a need. It's just the wrong place for it. When the need arises, what will stop them from submitting a new PUD? What happens to the five -acre buffer they show today? Is it now up for grabs for an additional, I don't know, 15,000-plus-square-foot building? One step further, what happens when they grow so rapidly 13.6 acres are fully developed and it's not enough space to support their mission? At some point they will move on or move out. At some point the PUD will be up for modification either when Naples Senior Center will need to adjust to changes in their operation or when the next operator takes over. Nothing stays the same, as stated by Ms. Faffer at the NIM. If you were to eliminate the emotional feel -good element of this mission, as well as the strong political force of the applicant, it is clear no other regional destination on this large a scale would have ever made it this far into this process. This is purely, purely a land -use issue. The Golden Gate Master Plan and the Land Development Codes are in place to designate proper land use and protect residential property from commercial creep. This is not a small-scale plan. It's clearly a large-scale plan. I know they claim technically 18.6 acres, but this is a 13.6-acre -- 13.6-acre assemblage. It exceeds the 10-acre threshold of a small-scale submittal. Technicalities, I understand. This submittal goes completely against the board -- CHAIRMAN STRAIN: You're going to have to start winding it up, if you don't mind. MR. PALLADINO: Okay. Two more words -- against the Board's 2019 adoption of the Golden Gate Master Plan guidelines. I urge you to recommend denial of this application. CHAIRMAN STRAIN: Thank you. MR. BELLOWS: William James, to be followed by John Passidomo. MR. JAMES: Good afternoon. My name is William James, Bill James. I live at 5810 Golden Oaks Lane. CHAIRMAN STRAIN: We need you to get a little closer to the mic. MR. JAMES: A little closer. Okay. I'm sorry. How's that? I live at 5810 Golden Oaks Lane. Councilman Fryer, I'm one of the applicants that filled out that form, and we sent it to the commissioner, and I had a cover letter for that as well, and I'm not in favor of this application. Now, I'd just like to say, if I may, I'd like everyone in the room to think back, that first time when you and your husband or your wife found that one house that you were going to buy, the one house where you were going to move in and raise your family the very first time where you had to put all your hard-earned money down as a deposit and take out a big mortgage, but you made that decision because you knew you found the house that you love, you knew you found the place where you want to live in a residential community that has all the benefits of a residential community, and your investment you're making, and you're confident that that investment will grow so when your kids grow you have a nest egg that you can give them. And so most of the people here that have talked about that, they live in Oakes Estates, and that's why they moved there. They moved there because of the reasons why they previously stated. So it's not right to put semi -commercial in a residential neighborhood where we all live. Page 97 of 104 March 5, 2020 It's a wonderful -- it's a wonderful idea. They did a great plan, a great presentation, but it doesn't belong in Oakes Estates. Thank you. CHAIRMAN STRAIN: Thank you. Next speaker, Ray. MR. BELLOWS: John Passidomo? MR. PASSIDOMO: Defer. MR. BELLOWS: Ben Ramsey? (No response.) CHAIRMAN STRAIN: Ben Ramsey? UNIDENTIFIED SPEAKER: He's gone. CHAIRMAN STRAIN: He's gone. MR. BELLOWS: And the last speaker, Michelle Bracci. CHAIRMAN STRAIN: Michelle Bracci. MS. BRACCI: Hello. Good afternoon. My name is Michelle Bracci, and I am an owner on Hidden Oaks Lane. My backyard is at the southeast corner of the proposed NSC site. I'm speaking today in opposition of the proposed site within our Oakes Estates neighborhood. As a daughter and as a human being, I recognize NSC's important mission; however, as a property owner, I recognize my right to protect my property value and our neighborhood's character. And I regret that the Naples Senior Center has characterized Oakes residents as fearmongers and oppositionists. In the NSC's January 2020 letter to Oakes residents and in defense of NSC's mission, Jaclynn Faffer stated, quote, what you see is what you get. We will stand by our commitments. There are, however, multiple references in NSC's informational pieces and public statements that cast doubt on the veracity of Ms. Faffer's statement. For example, in the September 2019 NIM flyer and informational letters, the proposed PUD operational standards set forth Monday through Friday, 10:00 a.m. to 3:00 p.m. programming with a rotating scheduling. Never evenings or weekends. Staff 8:30 to 5:00, and a Wednesday lunch of 150 to 200 attendees, and maybe a maximum of 280 attendees. At the same time, in September of 2019, NSC's own website contradicted those figures. It showed on its website, Monday through Friday 9:30 a.m. to 3:15 p.m., start times for a programming with end times of 4:00 p.m. or after. It also showed a history of two Saturday programs at the Senior Center on Costello Drive on December 8th, 2018, and April 16th, 2016, and I have screen shots of their website. It also showed at least one evening event at Naples Senior Center on Costello on December 3rd, 2015. It, additionally, showed many large-scale public events on evening and weekend but at community sites. This, however, raises a question as to why the Senior Center would vehemently deny wanting to host its own events at its new preeminent location once this new center is built. Moving forward, in January 2020, they hosted a second NIM, and the proposed PUD operational standards were adjusted to Monday through Friday now 9:30 to 4:00 p.m. with programming no longer on a rotating schedule but double -booked time frames. Again, they said never weekends or evenings, never ever, and went so far as to say this would be included and had been included as the detail in the Collier County submittals. They kept with staff from 8:30 to 5:00, but they changed the Wednesday lunch attendances from about 200 to anywhere from a daily attendance of 335 with a maximum attendance of 485. At the same time in January 2020, their own website showed different details. It showed Monday through Friday multiple double bookings every day at the week with start times as early as 9:15 for actual programming and start times as late as 3:30 p.m. That means now the Page 98 of 104 March 5, 2020 programming is ending at 4:30 or after. On February 14th, Grady Minor submitted -- or filed an exhibit as part of their filing that day was a compilation of exhibits which showed, again, different figures. They say Monday through Friday programming from 9:30 a.m. until 4:00 p.m. with staff from 8:00 to 6:00, and for the first time ever in writing there is reference to the NSC being allowed to obtain special -event permits permitting outdoor amplified music for a single outdoor event annually. This specific issue was previously vehemently denied by Naples Senior Center and Grady Minor as related concerns were repeatedly raised by Oakes residents because of the ongoing issues with Destiny Church's ongoing violations of their own PUD. Why is it important for us to notice this -- to note this pattern of evolving operational standards? Because Naples Senior Center and Grady Minor have repeatedly and adamantly maintained that the PUD is the key to setting limitations on NSC uses. A PUD, however, is never absolute. It may also contain loopholes used later to justify expansion of uses. It may be amended to expand or add its principal uses, accessory uses, and operational standards, and this is essentially what NSC has done throughout the NIM process by amending, updating, revising, and changing its use capacity and limitations and operational standard hours to be more intensive despite the Oakes residents concerned. Currently, the PUD's principal uses include, in part, outreach programs, group support services, and old -age assistance. CHAIRMAN STRAIN: You need to -- I know we're pressed for time, but if you talk so fast, she can't record what you're saying. MS. BRACCI: I'm sorry. I'm also very nervous. CHAIRMAN STRAIN: That's okay. You're doing good. MS. BRACCI: The PUD's accessory uses include, in part, educational seminars, food pantry, and uses and structures that are accessory and incidental to the permit uses. These use identifiers are so broad that they incorporate just about any social service project or special interest group related to senior care, and I'd like to consider two of them. First, the food pantry, which is an allowed accessory use. In its current form, the food pantry is available Monday through Friday to both NSC members and nonmembers. In fact, their website, as of last night, stated, quote, our food pantry is also a USDA food distribution site for community members in need may collect meat and other perishable goods. And it goes on to explain that there are minimal requirements such as being a resident, meeting specific income requirements, and having to complete some paperwork. The fact that NSC offers daily food pantry that is accessible to the entire Collier County public population is concerning. A county -wide food pantry distribution site in the midst of our neighborhood raises meaningful questions about the number of individuals and the demographic accessing that -- CHAIRMAN STRAIN: Miss, you've gone past -- you're up to about six minutes now, so you need to come to a conclusion. MS. BRACCI: Okay. I'm almost done. The final point is to -- let's consider the generalized terms. The outreach programs and old -age assistance and a video from November 2015, Ms. Faffer talks about NSC community partnership program wherein it works concurrently with many other nonprofits at the Senior Center, including on Wednesdays, and provides free office space to many outside nonprofits. These additional assistance programs bring more required staff, volunteers, and members and visits and overall use, thereby increasing the impact on neighborhood. Which brought me to my final point. It's the February 14th filed Exhibit E, Page 8, from Grady Minor which sets forth the two deviations from the Land Development Code. Deviation 2 Page 99 of 104 March 5, 2020 requesting a parking concession from the standard that is set forth in the Land Development Code. The Oakes residents have raised parking concerns at every opportunity and have been repeatedly told that the proposed center will have sufficient spaces. CHAIRMAN STRAIN: Miss, you'll have to end your conversation. MS. BRACCI: We ask that you review that specific issue of parking as it pertains to this center with the expanded use and the increasing population that they quote. CHAIRMAN STRAIN: Okay. MS. BRACCI: I respectfully request that you deny. CHAIRMAN STRAIN: Thank you. MS. BRACCI: Thank you. CHAIRMAN STRAIN: That's the last public speaker, Ray? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay. Richard, do you want a rebuttal opportunity? MR. YOVANOVICH: Briefly, and then hopefully you can -- I just want to get two things into the record because it would take too long to respond to many of the comments. One, we also have letters of support that we would like to enter into the record. CHAIRMAN STRAIN: Leave a copy with the court reporter. MR. YOVANOVICH: And I also want to enter into the record an email from Jackie to Mr. Casey. CHAIRMAN STRAIN: Who's Jackie? MR. YOVANOVICH: Sorry, Jackie (indicating). CHAIRMAN STRAIN: Okay. Thank you. MR. YOVANOVICH: I'm sorry. I didn't mean to be so impersonal. CHAIRMAN STRAIN: No, I just want to make sure I understand who you're talking about. MR. YOVANOVICH: Right. Categorically denying that we ever committed that if you tell us you don't want us, we won't submit an application; that's never been the case. We would never give anything veto power. We always would like to have community support, but we would never give veto power to anybody. And I'm sure that Mr. Passidomo would never give anybody veto power over any application that we wanted to submit. A couple of quick facts to make sure we get back to the facts. First fact is, nothing in this application changes the large -lot configuration of the Oakes community, and the traffic testimony is clear that we do not create a traffic problem. I want to put on the visualizer real quickly the Future Land Use Map to put this all in perspective. That's the Oakes community. The Oakes community is completely surrounded by the urban area, as one of the previous speakers mentioned. For the Oakes community to say they bear no responsibility for providing services to not only themselves for seniors but the surrounding community because of their unique location is not borne out by the actual facts of how Collier County is laid out. I rarely get agitated, but I am. For us as a community to get up here and say we don't bear the responsibility of taking care of others upsets me, it bothers me, and I don't think that's how most people feel. We are in an area that is basically the urban area. We have met all of the criteria, despite what Mr. Bracci says. It was David Weeks who actually wrote your staff report, and David Weeks is probably the most knowledgeable person about both the statutory requirements for a Comprehensive Plan amendment and the Collier County Comprehensive Plan. And David Weeks is recommending approval of the Growth Management Plan Amendment, and your planning staff is recommending approval of the PUD. Page 100 of 104 March 5, 2020 We respectfully request that the Planning Commission forward their recommendation of approval to both of our petitions to the Board of County Commissioners. And with that, I'll be happy to answer any other questions. I have a lot more to say, but I recognize the time constraints. I don't want to belabor some of the points. CHAIRMAN STRAIN: Anybody -- Ned. COMMISSIONER FRYER: Three quick things. First of all, I'm glad that it was clarified about the suggestion that a veto had been given and, in fact, I spoke with Mr. Passidomo yesterday, who also denied that that had been said. My things that I would like to get quickly resolved, if I may, Mr. Yovanovich. First of all, the outdoor amplified sound question, would you please address that. MR. YOVANOVICH: We have committed to no outdoor amplified sound. And the question was asked, would we limit ourselves to one special event per year, and that's what the PUD says. COMMISSIONER FRYER: Thank you. And second, the food pantry distribution site. MR. YOVANOVICH: Requires appointment only. That's what the document says. We do provide food for people in need. It's been as part of this application, but it's by appointment only, according to the PUD. You're not going to have a lot of people driving up and down the streets to come to a food pantry, and it's dry goods. No meats. COMMISSIONER FRYER: It's what? MR. YOVANOVICH: Dry goods only. Dry goods. COMMISSIONER FRYER: Dry goods only, okay. That's all I have, Chairman. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing. And we have a brief discussion and then motion. I don't know which direction this board's going to go. I do have a listing. I'll read those in case anybody wants to use them for discussion. The applicant said they would add to the PUD the following items: A 15-foot height for maximum lighting in the parking lot; the daily monitoring plan; law enforcement control for Wednesday lunches; they're going to utilize the new master plan. Those were shown to us on the overhead. They're going to utilize the new buffers that were in the presentations; they're going to provide vegetation enhancements along all of the buffers; they're going to include all commitments as presented in the PUD, and any -- all the commitments they did on the video, the overhead; and any -- they're going to add language that says any use not authorized is prohibited; and then there are the -- they were going to provide a realistic preserve -acres number based on the new width of the preserve. MR. YOVANOVICH: And, Mr. Strain, our PUD master plan has that acreage, and we would -- we would make that -- I think it was 2.688. Whatever that is, we'll move into the body of the PUD as well. CHAIRMAN STRAIN: Those are the notes I made for discussion. What do you guys -- anybody want to discuss anything at this point? COMMISSIONER FRYER: I have a motion. CHAIRMAN STRAIN: Okay. COMMISSIONER CHRZANOWSKL• I just want to make a comment before. COMMISSIONER FRYER: Go ahead. COMMISSIONER CHRZANOWSKI: I'd never heard of the Naples Senior Center before I got this packet, and I hang around with seniors. So I guess word doesn't get out. When I first looked at this, I looked at it and I said, boy, that's not a bad location for this, Page 101 of 104 March 5, 2020 and now I'm hearing a whole bunch of people say this is in the middle of my subdivision, and it's not. It's on the edge of the subdivision. Like Norm said, it's right near Immokalee Road. I --you know, I don't see where everybody has this problem, but that's just me. And that's how I'm going to vote. I don't have a problem with this. CHAIRMAN STRAIN: Okay. Anybody else have discussion? (No response.) CHAIRMAN STRAIN: Is there a motion? COMMISSIONER FRYER: I have a motion. CHAIRMAN STRAIN: Go ahead. COMMISSIONER FRYER: I move that we accept staffs recommendation of approval and that -- I guess we've got two. We've got the small-scale GMPA. CHAIRMAN STRAIN: Let's do -- this is -- the GMP's first. COMMISSIONER FRYER: Okay. So I make that -- CHAIRMAN STRAIN: Sorry. I should announce the name of the -- the number. I forgot. It's -- COMMISSIONER FRYER: 2621. CHAIRMAN STRAIN: -- 20180002621. COMMISSIONER FRYER: Right. I'll move that we accept staffs recommendation of approval, make it our recommendation to the Board of County Commissioners. COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Okay. Discussion? One of the hardest parts about this job -- and I've been doing it for two decades -- is to separate what is allowed, required, and needed by the Land Development Code versus what feels good, what's emotional, what's political, and what's nice. And this one's hard to do that for, because I realize how nice the facility is. I realize they've gone to a great extent to try to be as positive as they could to fit in that neighborhood, but what remains is problems we're going to have to live with down the road. Number one is the traffic. I was involved here for 20 years figuring out ways to help traffic avoid Oakes Boulevard. We had conditions on projects that said any -- they would -- were held up until Logan was extended to Immokalee Road and things like that. Valewood Drive was created because Les Wicker, the reverend for the church, cooperated with the county to get Valewood Drive across that property. Those things were done to reduce traffic. So when something comes along to add more traffic than the residential would, that concerns me. Precedent: Believe it or not, when someone gets something in one part of the county, it seems to go elsewhere in other parts of the county. So if one project like this could be utilized in a residential neighborhood off of main arterial street frontage, then I'm sure it's going to pop up again, because we've got a lot of new arterial streets going in Collier County, and a lot of them are going through the Estates areas, so that's a concern. And, lastly, the size. This is a regional attractor. It is not a neighborhood size. I had stated earlier I was concerned about the size, and I still am, and it's for those three reasons I cannot -- I cannot support a motion to approve. Anybody else have any comments? (No response.) CHAIRMAN STRAIN: Okay. All those in favor of the motion to approve, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. Page 102 of 104 March 5, 2020 COMMISSIONER HOMIAK: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? Aye. Motion carries 4-1. Thank you, ladies and gentlemen, for a very long day. Oh, I'm sorry, we've got the PUD. Boy, you guys got me tired here today. I must be a senior. COMMISSIONER FRYER: I'll make the same motion for the PUD, that's 2622, subject to the conditions that you mentioned, Chairman. CHAIRMAN STRAIN: Okay, same. Motion for 20180002622. COMMISSIONER CHRZANOWSKI: I'll second. CHAIRMAN STRAIN: I have the same discussion and same position. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? Aye. Now, thank you all for coming today and bearing with us. And, Commissioners, I would just as soon that we continue everything else until the 19th of March unless there's a reason not to. COMMISSIONER FRYER: So moved. COMMISSIONER DEARBORN: Motion to adjourn. CHAIRMAN STRAIN: No, we're not there yet. COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: Hang on a second. COMMISSIONER DEARBORN: All those in favor? CHAIRMAN STRAIN: I'm trying to get the -- COMMISSIONER CHRZANOWSKI: No, I'm seconding Ned's motion to continue. CHAIRMAN STRAIN: Okay. That takes us to -- we're going to -- I'm going to ask for -- Jeff, can I list all three of them at once for a continuance to the l 9th? MR. KLATZKOW: Yes. CHAIRMAN STRAIN: PL20180002668, that's for the Immokalee Road Ventana Pointe; 20180002669, that's for the same project but for the PUD; and, lastly, 20190000683 -- ladies and gentlemen, please, take your conversations outside -- that's for the 7-Foodmart commercial planned unit, a motion made to continue those. COMMISSIONER DEARBORN: Second. MR. MULHERE: That will be first on the agenda. CHAIRMAN STRAIN: They'll be first on the agenda on the 19th. Motion made to continue to the 19th. COMMISSIONER DEARBORN: Second. CHAIRMAN STRAIN: Motion made and seconded. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. Page 103 of 104 March 5, 2020 COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN SAUNDERS: Motion carries. There's no new business. Oh, we have a new business item, but we're going to continue that. We'll just have that discussion on the 19th. There's no old business. Anybody left for public comment? (No response.) CHAIRMAN STRAIN: Hearing none, is there a motion to adjourn? COMMISSIONER DEARBORN: So moved. COMMISSIONER CHRZANOWSKI: Second. COMMISSIONER FRYER: Second. CHAIRMAN STRAIN: By Patrick, by Ned. All in favor? COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER FRYER: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: We're out of here. COMMISSIONER FRYER: We're out of here. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:42 p.m. COLLIER COUNTY PLANNING COMMISSION KA N HOMI V CE-CHAIRPERSON These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 104 of 104 COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENT VENTANA POINTE PL20180002668/CP-2018-7 [Companion PL20180002669] VENTANA POINTE PL20180002668/CP-2018-7 (ADOPTION HEARINGS) CCPC: June 16, 2020 [continued from March 5 & March 19, 2020] BCC: September 22, 2020 11.D.6 Packet Pg. 1842 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) TABLE OF CONTENTS CCPC June 16, 2020 [continued from March 5 & March 19, 2020] GMP Amendments Adoption Ventana Pointe – PL20180002668/CP-2018-7 1) TAB: Adoption Staff Report DOCUMENTS: Adoption Staff Report: 2) TAB: Adoption Ordinance DOCUMENTS: Adoption Ordinance with Exhibit “A” text (and/or maps): 3) TAB: Transmittal Staff Report DOCUMENTS: Transmittal Staff Report 4) TAB: Transmittal Executive Summary DOCUMENT: Transmittal Executive Summary 5) TAB: Transmittal Resolution DOCUMENT: Resolution #2019-206 6) TAB: Project PL20180002668/ DOCUMENT: Petition/Application Petition CP-2018-7 7) TAB: Adoption Legal Advertisement DOCUMENT: Advertisement 11.D.6 Packet Pg. 1843 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) ‒ 1 ‒ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: June 4, 2020 (Continued from March 5, 2020 & March 19, 2020 SUBJECT: PETITION PL20180002668/CP-2018-7, CYCLE 3 GROWTH MANAGEMENT PLAN AMENDMENT [A D O P T I O N H E A R I N G ] (Companion to PUDR-PL20180002669) ELEMENT: FUTURE LAND USE PROPOSED AMENDMENT Petition PL20180002668/CP-2018-7 is a large-scale Comprehensive Plan amendment specifically amending the Future Land Use Element (FLUE) by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map depict ing the new Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwi se be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified version of an existing provision in the RFMUD); and, provide for a bonu s DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). The subject property, comprising ±37.62 acres, is currently zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands, and is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. Note: A companion PUD rezone petition is scheduled for this same hearing. Transmittal hearings on the amendment were held on September 5, 2019 (CCPC, Collier County Planning Commission) and on October 22, 2019 (Collier County Board of County Commissioners). The Transmittal recommendations/actions are presented further below . Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board hearing, and the Transmittal CCPC staff report for the petition, which provides staff’s detailed analysis of the petition. In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on October 28, 2019. 11.D.6 Packet Pg. 1844 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) ‒ 2 ‒ REVIEW AGENCY COMMENT LETTERS After review of the Transmitted amendment within each reviewing agency’s authorized scope of review, the DEO [who assigned review no. 19-05ESR], as well as the Florida Department of Environmental Protection (DEP), Florida Fish and Wildlife Conservation Commission, and South Florida Water Management District (SFWMD) rendered their comment letters indicating “no comment” or “no adverse impacts found” or the agency did not respond. The Comments Letters received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Within CCPC materials provided is an Ordinance with Exhibit “A” text and maps for the petition; this exhibit reflects the text and maps as approved by the Board for Transmittal. TRANSMITTAL STAFF RECOMMENDATION: Not to Transmit to DEO. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommend ed the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening that resulted in the remaining parcel comprising less than the 40 -acre minimum otherwise required for receiving TDR credits). CCPC RECOMMENDATION: Transmit to DEO (vote: 6/0). The petitioner team committed to the CCPC that this development would provide only single -family detached residences. BOARD ACTION: Transmitted to DEO (vote: 4/1), per CCPC recommendation, Commissioner Taylor opposed. ADOPTION There have been no revisions from the version Transmitted. STAFF RECOMMENDATION That the CCPC forward the single, 2018 Cycle 3 petition to the Board with a recommendation not to adopt and transmit to the Florida Department of Economic Opportunity and review agencies that provided comments. As stated in the staff report to the CCPC at Transmittal, staff recommends denial for the following reasons: • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is 0.9 miles to the west. There is no transition provided from lower to higher density and/or use intensity. • This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance that would be unique to the subject property. This provision would apply to no other Receiving Lands. • Surrounding properties, and properties within the 3 -mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was compensated for the land taken for that road. 11.D.6 Packet Pg. 1845 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) ‒ 3 ‒ • People attending the Neighborhood Information Meeting expressed opp osition to the proposed intensity and density of this Overlay and the companion PUD project. Additionally, the petitioner team committed to the CCPC in their September 2019 transmittal hearing, that this development would provide only single-family detached residences ‒ and Overlay provisions were revised to reflect this . With this revision, the development would no longer meet the intent of FLUE Policy 7.4 which encourages new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [emphasis added] LEGAL REVIEW This Staff Report was reviewed by the County Attorney’s Office on _________ , 2020. The criteria for GMP amendments to the Future Land Use Element and Map Series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a )8, Florida Statutes. [HFAC] [Remainder of page intentionally left blank] 11.D.6 Packet Pg. 1846 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) ‒ 4 ‒ Petition Number: PL20180002668/CP-2018-7 Staff Report for March 5, 2020 CPCC meeting. NOTE: This petition has been tentatively scheduled for the April 14, 2020 BCC meeting. 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June 16, 2020) 11.D.6Packet Pg. 1950Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1951Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1952Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1953Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1954Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1955Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) [18-CMP-01041/1538590/1]174 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 5/4/20 Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 1 of 3 ORDINANCE NO. 20- _______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.62± ACRES. [PL20180002668] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on November 4, 2019, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and CAO 11.D.6 Packet Pg. 1956 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) [18-CMP-01041/1538590/1]174 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 5/4/20 Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 2 of 3 WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on ______________, and the Collier County Board of County Commissioners held on ____________________; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit “A” and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. CAO 11.D.6 Packet Pg. 1957 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) [18-CMP-01041/1538590/1]174 18-CMP-01000 PL20180002668 / Ventana GMPA 4/ 5/4/20 Words underlined are additions; Words struck through are deletions. *** *** *** *** are a break in text Page 3 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _____ day of _______________________ 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA __________________________ BY: ______________________________ Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Text and Map HFAC 5-4-20 CAO 11.D.6 Packet Pg. 1958 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.6 Packet Pg. 1959 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.6 Packet Pg. 1960 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.6 Packet Pg. 1961 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.6 Packet Pg. 1962 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 1 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: September 5, 2019 SUBJECT: PETITION PL20180002668/CP-2018-7 2018 CYCLE THREE GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] ELEMENT: FUTURE LAND USE APPLICANT/AGENTS Applicant: Ryan Zuckerman Owner: Carole Construction of Naples, Inc. RJH II, LLC 1100 Cypress Woods Drive 7466 NW 51st Way Naples, FL 34103 Coconut Creek, FL 33073 Agents: Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq. Hole Montes, Inc. Coleman, Yovanovich & Koester, PA 950 Encore Way 4001 Tamiami Trail North, Suite 300 Naples, FL 34110 Naples, FL 34103 GEOGRAPHIC LOCATION The subject property, consisting of ±37.62 acres, is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. REQUESTED ACTION This petition seeks to establish an Overlay designation in the Future Land Use Element (FLUE) by amending: 1) Policy 1.9, to add the new Ventana Pointe Residential Overlay; 2) Overlays and Special Features, to add the new Overlay provisions; 3) Future Land Use Map Series list, to add the title of the new Residential Overlay inset map; 4) Countywide Future Land Use Map to depict the Overlay; and, 5) Future Land Use Map Series to add an inset map depicting the Overlay site. 11.D.6 Packet Pg. 1963 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 2 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The Overlay text, Countywide Future Land Use Map, and FLU Map Series inset map proposed by this amendment are found in Resolution Exhibit “A”. PURPOSE AND DESCRIPTION OF PROJECT The petition proposes the new Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands that: allows a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs; utilizes Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provides for bonus TDRs for native vegetation retention beyond that required in the RFMUD; and, provides for a bonus DU for each TDR redeemed (2 for 1). [Note: This petition was originally submitted to allow 95 DUs (2.53 DU/A) and access to Richards Road; shortly before drafting of this Report, the density was reduced to 77 DUs, access was changed to Immokalee Road, and a landscape buffer provision was added. As a result, some petition materials may still reference or be based upon the original submittal provisions.] FUTURE LAND USE DESIGNATIONS, ZONING AND LAND USES: Existing Conditions: Subject Property: The subject property, which comprises ±37.62 acres, is designated Rural Fringe Mixed Use District (RFMUD) Receiving Lands, which generally provides for higher [land use] densities in an area with fewer natural resource constraints (than Sending Lands) and where existing and planned public facilities are concentrated. The property is zoned A-RFMUO, Rural Agriculture and Rural Fringe Mixed Use Overlay Receiving Lands and is undeveloped and wooded. FUTURE LAND USE MAP EXCERPT (Note: subject site is not to scale – is much smaller than appears on map) Surrounding Lands: North: To the north, across Immokalee Road, lands are designated RFMUD Receiving Lands and are within the Urban-Rural Fringe Transition Area Overlay. It is zoned Heritage Bay MPUD (Mixed Use Planned Unit Development), and is developed with residential units, lakes (former quarry) and conservation areas. 11.D.6 Packet Pg. 1964 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 3 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE East: To the east, across Richards Road, lands are designated RFMUD Receiving Lands and zoned A-MHO-RFMUO Receiving Lands (MHO-mobile home overlay). There is a County stormwater retention area then undeveloped lands. South: To the south, across Sundance Street, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. They are part of the La Morada residential golf course development. West: To the west, lands are designated RFMUD Receiving Lands and zoned A-RFMUO Receiving Lands. Some parcels are undeveloped and wooded while others contain a single-family dwelling. The Future Land Use Map designates land lying immediately west (and southwest) of the subject property Rural Fringe Mixed Use District-Receiving Lands. In summary, the existing and planned land uses, and zoning, in the area surrounding the subject property are primarily low-density single-family residences and undeveloped acreage parcels. STAFF ANALYSIS Along this segment of Immokalee Road, a six-lane divided arterial, the RFMUD Receiving Lands comprises a 3-mile corridor. It begins one mile east of Collier Blvd. and extends east to Golden Gate Estates. Land uses along this corridor, running west to east, are generally identified below. North Side of Immokalee Road • 1st Mile: A portion of the 2,562-acre Heritage Bay PUD/DRI approved for 3,450 DUs (gross density of 1.35 DU/A), 66 acres/230,000 s.f. of commercial development, 200 ALF units, golf courses, 863+ acres of wetlands, and 677 acres of lakes (487 acres are former quarry). The entire PUD/DRI comprises four Sections (+4 square miles); three Sections are designated RFMUD Receiving Lands and one Section is Urban Residential Subdistrict and Mixed-Use Activity Center Subdistrict. The entire PUD/DRI is also within the Urban-Rural Fringe Transition Area Overlay, established in 2003 by a private sector GMP amendment, which allows the density from the Urban Section to be distributed throughout the Overlay. • 2nd Mile: Bonita Bay East Golf Course, which includes a significant amount of conservation lands, zoned A-RFMUO Receiving Lands. • 3rd Mile: Twin Eagles Golf & Country Club, a residential golf course development, a portion of which utilizes TDR credits; the gross density is <1 DU/A. The development is zoned A- RFMUO Receiving Lands. South Side of Immokalee Road • 1st Mile: Portion of La Morada residential and golf course development; utilizes TDR credits; gross density is < 1 DU/A. Church on 9.35-acre parcel. Two undeveloped, wooded parcels, +8 acres and 17.25 acres. Portion of La Morada. Fogg’s plant nursery on +17.5 acres. An undeveloped, wooded parcel, +17.25 acres. Subject site. All of these properties are zoned A- RFMUO Receiving Lands. Staff’s opinion is there is little opportunity to aggregate properties. • 2nd Mile: County stormwater management pond on +7.7 acres. Four undeveloped, wooded parcels, +18.3 acres, 8.6 acres, +0.5 acres, +0.9 acres. Two parcels containing one single family dwelling and a horse training facility (7.25 acres total), and an undeveloped parcel 11.D.6 Packet Pg. 1965 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 4 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (+18.4 acres), all three of which comprise a portion of a site for which a 2019 pre-application meeting was held for a church conditional use. A church on +9.1 acres. Three undeveloped, wooded parcels, 3.6 acres, +2.2 acres, +1.4 acres. A church on land zoned MPUD (+35 acres), approved for church, school, child care and ALF-assisted living facility. Two undeveloped, wooded, 0.5-acre parcels. A 22-acre public school site, frontage portion recently cleared. Three undeveloped parcels, each between +1.1 and +1.2 acres. Except for the one MPUD, all of these lands are zoned A-RFMUO Receiving Lands. Staff sees two potential opportunities to aggregate property, one of which is the site of the proposed church CU. • 3rd Mile: Brentwood Lakes (fka Twin Eagles South) platted residential subdivision, cleared and infrastructure work underway; utilizes TDR credits. Two undeveloped parcels comprising +24.4 acres that is the site of a pending GMP amendment and PUD rezoning proposing a mixed-use project to allow 44,400 s.f of commercial, day care, and 129 DUs yielding a gross density of 5.29 DU/A. (Not fronting Immokalee Road is a landscape maintenance business on +15.7 acres.) Nine parcels varying in size from +0.75 to 13 acres – four are undeveloped and wooded, three are in agricultural use, two contain a SFDU each. County stormwater management pond on +5.1 acres. Two parcels in agricultural use, 1.1 and +1.4 acres. All of these lands are zoned A-RFMUO Receiving Lands. Given the small size of most parcels and the existence of SFDUs, staff’s opinion is there is minimal opportunity to aggregate property. In summary, all adjacent properties on the south side of Immokalee Road are limited to 1 DU/5 acres (0.2 DU/A) and agricultural uses by right, and are currently undeveloped or contain a single family dwelling; and all property on south side of Immokalee Road in this 3-mile corridor of RFMUD Receiving Lands are developed or approved with residential density <1 DU/A or agricultural uses or institutional uses allowed by the RFMUO Receiving Lands zoning overlay. It is acknowledged the site fronts on a six-lane divided road, has central utilities available, and is across Immokalee Road from the urban-style development of Heritage Bay. However, staff also notes that Heritage Bay opposite this site is separated by both Immokalee Road and the Cocohatchee Canal, and then within Heritage Bay is a landscape berm and buffer, a local road, then a single row of 1 story dwellings. Further, Heritage Bay has an approved density of 1.35 DU/A. In staff’s opinion, though the proposed density might not be incompatible with surrounding density based upon high level view, it is out of character with the adjacent and extended area development pattern in the RFMUD Receiving Lands corridor along Immokalee Road. Appropriateness of the Site and the Change: The Meyers Research Needs Analysis (June 2018), is part of the supporting data & analysis submitted with GMPA application materials (Exhibit V.D.1.). The Meyers Research analyzes the [specific] need for this number of residences at this location. The Analysis indicates that the projected population growth provides sufficient demand for the density already allowed by the RFMUD Receiving Lands. Staff’s opinion is that this amendment will not increase the countywide population, rather reallocate a small portion of the population growth such that there is an increase to this site of 113 persons (124 persons vs. presently allowed 11 persons). [Calculations: 77 DUs per the Overlay x 2.38 persons per household (countywide ratio) x 0.675 (67.5% - the countywide occupancy rate) = 124 persons.] The amendment will introduce new residential density (77 DUs v. 7 DUs) by establishing 11.D.6 Packet Pg. 1966 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 5 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE a future land use designation in an area where it is not now allowed. Staff is of the opinion that the proposed GMP amendment is out of character with the surrounding development pattern. Per the petitioner materials, the subject parcel was previously 40+ acres in size; as such, it qualified to utilize TDRs to increase density to a maximum of 1 DU/A. When the County acquired a portion of the site to expand Immokalee Road ROW, resulting in the parcel size of 37.62 acres, the land owner was compensated, presumably for the value of the changes to property rights and made whole. This overlay would now return the rights to the property owner to use TDRs plus double the allowable density through a “buy one get one” allowance. The petitioner notes similarities between this site and proposed overlay with the Urban Residential Fringe (URF) Subdistrict and contends that the overlay provides for a transition between Urban and Rural Fringe areas/densities. The URF: is located along the east side of Collier Blvd., a 6-lane divided road, from Beck Blvd. (near I-75) south to US 41 East; is served by central utilities; is one mile wide; comprises +8.5 Sections (+5,400 acres); limits density to 1.5 DU/A or 2.5 DU/A with use of TDR credits; is intended to serve as a transition between higher densities allowed on the west side of Collier Blvd. (Urban Residential Subdistrict, 4 DU/A base and potentially higher if qualifying for a density bonus(es) and the RFMUD to the east (mostly Sending Lands, 1 DU/40 acres); and, is within the Urban FLUM designation. Staff notes this small property fronts a 6-lane divided road and is served by central utilities, but it provides no transition as it is +0.9 mile east of the urban boundary - it is an island surrounded by RFMUD Receiving Lands limited, residentially, to a rural density of 1 DU/5 acres (0.2 DU/A) - or up to 1 DU/A utilizing TDRs but only for projects of >40 contiguous acres (the closest portion of the La Morada project, which uses TDRs, is +660 feet to the west and not fronting Immokalee Road). While staff might characterize the proposed density as urban sprawl, it must be acknowledged that one could argue the presently allowed density is also urban sprawl. RFMUD Restudy White Paper The RFMUD White Paper presents a compilation of public comments gathered from the various meetings and workshops held in the community to solicit public input as well as staff recommendations. One of those recommendations is to consider allowing a density up to two DU/A but only for affordable/workforce housing projects. BCC direction for RFMUD GMP amendments includes for staff to take into account housing affordability, mobility, economic vitality and environmental protection. This petition doesn’t address any of these considerations and specifically doesn’t propose affordable/workforce housing; though there is a proposed density increase for additional native vegetation retention, there is no incentive to do so since the maximum allowable density can be achieved via the purchase of TDR credits and equivalent number of free DUs. Criteria for GMP Amendments in Florida Statutes Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: 11.D.6 Packet Pg. 1967 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 6 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionall y acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. 11.D.6 Packet Pg. 1968 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 7 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: A Traffic Impact Statement, dated January 25, 2019, prepared by Trebilcock Consulting Solutions, Inc., was submitted with this petition (Exhibit “V.E.3”). It notes that all traffic accessing the property comes from Immokalee Road (35% to/from the east; 65% to/from the west). Collier County Transportation Planning staff reviewed this petition and had no objection to its approval, finding it consistent with Transportation Element Policy 5.1. Environmental Impacts: A Protected Species Survey, dated October 2, 2018, prepared by Earth Tech Environmental, LLC (ETE), was submitted with this petition (Exhibit V.C.1). Environmental specialists with County Development Review Division, Environmental Planning Section, reviewed these documents and provided the following comments: 11.D.6 Packet Pg. 1969 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 8 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE The subject property is visited by bear, panther, bobcat and other animal species. The levels of protections granted to these animals, along with their habitat found on property, affects the potential for development. The native vegetation on site will be retained in accordance with the requirements of Policy 6.1.1 of the Conservation and Coastal Management Element of the GMP and Section 3.05.07 of the LDC. Public Facilities Impacts: A Public Facilities Report, dated January 29, 2019 (Exhibit V.E.1), was submitted with this petition and concluded there is adequate capacity of public infrastructure to serve the proposed project – potable water, wastewater collection and treatment, solid waste collection and disposal, stormwater management, parks and recreational facilities, public schools, and emergency medical (EMS) and fire rescue services. Appropriate staff reviewed this petition and identified no issues or concerns regarding impacts upon public infrastructure. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS The application team held a Neighborhood Information Meeting (NIM) in the Sanctuary of the Peace Lutheran Church, located at 9850 Immokalee Road, Naples on June 12, 2019, at 5:30 p.m. as required by Section 10.03.05 F. of the LDC. This NIM was advertised, noticed and held jointly for this GMP amendment petition and companion PUD rezone petition [which is not under formal consideration with this GMPA transmittal hearing]. Approximately fifteen people other than the applicant team and County staff attended ‒ and heard the following information: Robert Mulhere (agent representing the applicant) of Hole Montes, presented an overview of the proposed development, and how it first required amendments to the County’s Growth Management Plan. He explained that this Plan amendment was a full-scale amendment that will be heard by the Planning Commission and the County Board for both transmittal and adoption hearings over a number of months. Mr. Mulhere pointed out the property location fronted on three sides by Immokalee Road (N), Richards Street (E) and Sunset Road (S). This project is designed to access directly onto Richards Street with its main entry and an additional emergency-only access. He identified a number of residential developments nearby, including La Morada and Bent Creek. This project is designed to develop predominantly the southerly half of the property residentially, while protecting those less-developable [natural] areas characterizing the northerly half. Mr. Mulhere invited, heard and responded to questions and comments. Several members of the public spoke, asking questions, seeking more information, expressing concerns, and expressing opposition for the proposed project. Many of them identified themselves as being residents of the nearby rural agricultural area, who use and upkeep the private roads Richards Street, Sunset Road and Krape Road. Their comments and concerns included: • How the property is already entitled to a relatively high residential density using TDRs; and, what reasons are given to grant additional, higher density this property? • Traffic congestion; including adopting these local private roads into use by new residential traffic [without proposing compensating improvements, directional signage, etc.], directly 11.D.6 Packet Pg. 1970 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 9 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE accessing Richards Street at its main entry where vehicles waiting on Richards already do not have the stacking depth to allow additional vehicles, introducing new or additional turning maneuver conflicts crossing through the Immokalee Road medians at Richards Street and Krape Road. • How past or current property owners have allowed [3rd party] ditching or berming along portions of the site resulting with improperly displaced surface water offsite [especially across Richards Street then on to neighboring properties]; and, if property development will discharge its surface waters into these areas to compound the problem, or if the design will attempt to correct these problems and restore a more-natural flow? • How the property, like their own, (was, and) is suitable for low-density development intended by the Rural Fringe [Mixed Use District]. • The County should keep the Rural Fringe Mixed Use District (RFMUD) intact [without the changes proposed by this GMP amendment.] • Project characteristics, The incompatibility of this high-density project with the established surrounding low-density residential area (too narrow, too small), as now planned is out of character with the area. • Impacts on the neighborhood taxes? The agent explained how effects are minimized, as Impact Fees paid by the developer absorb the costs of new or additional services required by the development. • Emergency services and the conflicts of introducing new and additional traffic onto these private roadways, are where problems already apparent; agent answered that Fire District representatives review these proposals for the impacts on their ability to provide services and are addressing these concerns. The strong consensus was expressed in opposition to developing the subject property as proposed. The Information Meeting was ended at approximately 6:30 p.m. This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site and surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands; the Urban designated area is 0.9 miles to the west. • This petition proposes to allow 77 dwelling units (2 DU/A) with the net effect being an increase of 70 DUs. Density is achieved via use of TDRs and a “buy one get one free” density allowance. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) - or up to 1 DU/A via use of TDRs if >40 acres in size; 11.D.6 Packet Pg. 1971 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 10 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • The RFMUD White Paper includes a staff recommendation for a density increase to 2 DU/A but only for affordable/workforce housing, and BCC direction is to include consideration for housing affordability, mobility, economic vitality, and environmental protection. The subject site is 37.62 acres and the proposed overlay does not address these considerations. • The subject parcel was previously >40 acres prior to Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided arterial road, and County water and wastewater service is available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure, or upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density of this Overlay and the companion PUD project. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on August 16, 2019. The criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2. and 163.3177(6)(a)8., Florida Statutes. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: Based on the analyses provided within this report, staff recommends that the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected below. (Note: single underline text is added, as proposed by petitioner; double underline text is added, and double strike through text is deleted, as proposed by staff; all subsequent portions of the petitioner’s proposed Overlay text would be deleted.) C. Ventana Pointe Residential Overlay 1. The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of the Urban Boundary), and consists of 37.62± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands . 11.D.6 Packet Pg. 1972 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 11 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 2. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: a. Primary access shall be via Immokalee Road. b. The maximum density shall be 77 37 dwelling units. c. Density shall be achieved as follows: as provided for in the Rural Fringe Mixed Use District Receiving Lands for parcels forty (40) acres or larger in size. Staff provides the following reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing. [Remainder of page intentionally left blank] 11.D.6 Packet Pg. 1973 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 12 ‒ PL20180002668 / CP-2018-7 Ventana Pointe Residential Overlay in the Rural Fringe Mixed Use District - FLUE 11.D.6 Packet Pg. 1974 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) - 1 - EXECUTIVE SUMMARY Recommendation not to approve by Resolution a single Petition from the 2018 Cycle Three of Growth Management Plan Amendments for an Amendment Proposed to the Future Land Use Element to Establish the Ventana Pointe Residential Overlay and not to approve for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing) (PL20180002668/CP-2018-7) OBJECTIVE: For the Board of County Commissioners (Board) not to approve (deny) a single petition from the 2018 Cycle Three of amendments to the Collier County Growth Management Plan (GMP) and not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. CONSIDERATIONS: • Chapter 163, F.S., provides for an amendment process for a local government’s adopted Comprehensive Plan. • Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP. • The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under Chapter 163.3174, F.S., held their Transmittal hearing for the 2018 Cycle 3 petition on September 5, 2019 (one petition only, PL20180002668/CP-2018-7). • This Transmittal hearing for the 2018 Cycle 3 petition considers an amendment to the Future Land Use Element (FLUE). The GMP amendment requested is specific to a ±37.62-acre property, located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately 1.9 miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East (Rural Estates Planning Community). The property is zoned A-RFMUO, Rural Agriculture District and Rural Fringe Mixed Use Overlay Receiving Lands, and is undeveloped and wooded. This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically amending the FLUE by adding a new Overlay in the Rural Fringe Mixed Use District (RFMUD) Receiving Lands, revising the Future Land Use Map to depict the new Overlay, and adding a new Future Land Use Map Series inset map that depicts the new Overlay. The new residential overlay will: allow a maximum residential density of 2.05 dwelling units per acre (DU/A) yielding 77 DUs (whereas the site is presently limited to 1 DU/5 acres or 7 DUs); utilize Transfer of Development Rights Credits (TDRs) for this property that would otherwise be ineligible due to being less than the minimum 40 acres required in the RFMUD; provide for bonus TDRs for native vegetation retention beyond that required in the RFMUD (a modified version of an existing provision in the RFMUD); and, provide for a bonus DU for each TDR redeemed, a 2 for 1 allowance (this is a unique provision that would apply to this site only and exists nowhere else in the RFMUD). Based on the review of this petition, including the supporting data and analysis, staff made the following findings and conclusions: • The subject site and all immediately surrounding lands are designated Rural Fringe Mixed Use District Receiving Lands. • The Urban designated area lies 0.9 mile to the west. • Surrounding properties, and properties within the 3-mile Immokalee Road corridor in the Rural Fringe Mixed Use District Receiving Lands in which this site is located, are limited to a maximum density of 1 DU/5 Acres (0.2 DU/A) ‒ or up to 1 DU/A via use of TDRs if >40 acres in size; 11.D.6 Packet Pg. 1975 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) - 2 - agricultural uses; essential services; institutional uses by conditional use (e.g. day care center, ALF, church). In staff’s view, this site is an island and does not provide a transition; only lands 0.9 miles to the west allow a density greater than 1 DU/A. • The requested density of 2 DU/A is out of character with the RFMUD Receiving Lands in which the site is located. • This petition proposes to allow 77 dwelling units (2.05 DU/A) with the net effect being a tenfold increase of 70 DUs (added to the allowed base density of 7 DUs). Density is achieved via use of TDRs and a “buy one get one free” density allowance, a new GMP provision that would be unique to this site only - it would not apply to any other RFMUD lands. The result is that 35 DUs would be “gifted” for the purchase of 35 TDRs. • The subject parcel was previously less than 40 acres in size prior to the Immokalee Road widening. The owner was compensated for the land taken for that road. • The subject site fronts Immokalee Road (CR 846), a 6-lane divided major arterial roadway; County water and wastewater services are available to the site. • There are no issues or concerns regarding LOS impacts upon public infrastructure. • There are no issues or concerns regarding impacts upon natural (environmental) resources or historical/archaeological resources. • People attending the Neighborhood Information Meeting expressed opposition to the proposed intensity and density that would be allowed by this Overlay and the companion PUD project (even though no one spoke in opposition at the CCPC meeting). FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval of this petition for transmittal. GROWTH MANAGEMENT IMPACT: Board approval of the proposed amendment for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies will commence the Department’s thirty (30) day review process and ultimately return the amendment to the CCPC and the Board for Adoption hearings, tentatively to be held in Spring of 2020. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” Section 163.3177(1)(f), F.S. In addition, Section 163.3177(6)(a)2, F.S., provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non- conforming uses which are inconsistent with the character of the community. 11.D.6 Packet Pg. 1976 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) - 3 - f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires a majority vote for approval because this is a Transmittal hearing. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the Collier County Planning Commission forward Petition PL20180002668/CP-2018-7 to the Board of County Commissioners with a recommendation not to approve for transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies. However, if, and only if, the CCPC forwards the petition with a recommendation to approve, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the staff report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their September 5, 2019 meeting. The petitioner team suggested in their presentation: this 37.62-acre property, which is surrounded on all sides by the same FLUE/FLUM designation as the subject site, provides a “transition” that is comparable to the mile-wide Urban Residential Fringe Subdistrict (along the east side of Collier Blvd. and south of I-75 and Beck Blvd.) covering thousands of acres and that lies between two distinctly different FLUE/FLUM designations; or to the four square mile Urban-Rural Fringe Transition Zone Overlay covering more than 2,500 acres (north and northwest of the subject site and comprising Heritage Bay PUD), which internally comprises two distinctly different FLUE/FLUM designations. The petitioner team committed to the CCPC that this development would provide only sing le-family detached residences. There was one speaker at the CCPC meeting; that person did not express support or opposition but requested the same new proposed regulations apply to his property. The CCPC voted [6/0] to forward the subject petition to the Board with a recommendation to transmit to the Florida Department of Economic Opportunity and other statutorily required review agencies. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC ‒ That the Board not approve petition PL20180002668/CP-2018-7 for transmittal to the Florida Department of Economic Opportunity and other statutorily required review agencies. However, if, and only if, the Board is inclined to approve this petition, staff recommends the density be reduced to 1 DU/A (37 DUs) via use of TDRs (the density that could have been achieved prior to the taking of a portion of the site for Immokalee Road widening) – as reflected in the CCPC staff report. 11.D.6 Packet Pg. 1977 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) - 4 - [Staff reminder: This GMP amendment follows the Expedited State Review process. Chapter 163.3184 (3)(c)1, Florida Statutes, provides that the County Board (local governing body) shall hold its Adoption (second public) hearing within 180 days after receipt of agency comments, unless extended by agreement with notice to the DEO (state land planning agency) and any affected person that provided comments on the amendment. This notification, review and comment process period is approximately 7.5 months (225 days) from the time the County Board holds its Transmittal (initial public) hearing.] Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department 11.D.6 Packet Pg. 1978 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) RESOLUTION NO. 19- 206 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE VENTANA POINTE RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 77 DWELLING UNITS THROUGH A BASE DENSITY OF .2 DWELLING UNITS PER ACRE PLUS DENSITY BONUSES FOR NATIVE VEGETATION AND TRANSFER OF DEVELOPMENT RIGHTS FOR A TOTAL MAXIMUM DENSITY OF APPROXIMATELY 2 DWELLING UNITS PER ACRE, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-RECEIVING LANDS, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.62±ACRES. [PL20180002668] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, RJH II, LLC, requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to add the Ventana Pointe Residential Overlay to the Rural Fringe Mixed Use District-Receiving Lands; and WHEREAS, on September 5, 2019, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and 18-CMP-01041/1502674/11119 10/9/19 Page 1 of 2 Words underlined are additions,words struck through are deletions. 11.D.6 Packet Pg. 1979 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) WHEREAS, on October 22, 2019 the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this I- day of Qe,4-2) ;- , 2019. 1k`[ E e• BOARD OF 11. COMMISSIONERS CRYST L' ZEL, CLE CO LIE 'O: TY, FL 6 'ID AhiA BY: tte5 0 ' ,j I VI lerk illiam L. McDaniel, Jr., airmani sigria r .only. Approved as to form and legality: 1( A eidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment& Map Amendment 18-CMP-01041/1502674/1]119 10/9/19 Page 2 of 2 Words underlined are additions,words struck through are deletions. 11.D.6 Packet Pg. 1980 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) EXHIBIT A VENTANA POINTE RESIDENTIAL OVERLAY FUTURE LAND USE ELEMENT Proposed amendment to the Collier County Future Land Use Element(FLUE)and Future Land Use Map (FLUM) to establish the 37.62± Acre Ventana Pointe Residential Overlay within the RFMU District located on the south side of Immokalee Road, approximately 1.9 miles east of Collier Boulevard. Amend II. IMPLEMENTATION STRATEGY,Policy 1.9,Page 10 as follows: Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Ventana Pointe Residential Overlay ED. Natural Resource Protection Area Overlays 13-E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay (IV) 1%G. Bayshore/Gateway Triangle Redevelopment Overlay 6-H. Urban-Rural Fringe Transition Zone Overlay 1I. Coastal High Hazard Area Boundary Incorporated Areas Amend V.OVERLAYS AND SPECIAL FEATURES Starting on Pa V. OVERLAYS AND SPECIAL FEATURES A. Area of Critical State Concern Text Break********************************** B. North Belle Meade Overlay Text Break********************************** C. Ventana Pointe Residential Overlay 1. Ventana Pointe Residential Overlay a The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two(2)miles east of Collier Boulevard(approximately one(1)mile east of the Urban Boundary)and consists of 37.62±acres. The Overlay is within the Rural Fringe Mixed Use District(RFMUD)and is designated as Receiving Lands h Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: 1) Primary access shall be via Immokalee Road. Dwelling units shall be limited to single family detached. C. The maximum density shall be 77 dwelling units. Underlined text indicates text to be added for Ventana Pointe Residential Overlay:Struck through text to be deleted. Page 1 of 5 11.D.6 Packet Pg. 1981 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) D. Density shall be achieved as follows: LU Base Density: 0.20 dwelling units per acre*;and 2) Additional density may be achieved as follows: a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention amount.The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or b. Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section 2.03.07.D.4.;and, c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional dwelling unit shall be granted if: i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending Lands that have not severed TDRs as of the date of the contract and the owner subsequently severs the TDR credits prior to closing on the sale of the TDR credits; or ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) — Environmental Restoration and Maintenance Bonus credits or from LDC Section 2.03.07.D.4.c.ii.b)—Conveyance Bonus credits. Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit,to the nearest whole unit value. E. Perimeter Landscape buffers shall be a minimum of twenty-five feet(25') in width and shall, at a minimum, meet the requirements for a Type "B" buffer set forth in LDC Section 4.06.02.C.2. Text Break********************************** D.E. Natural Resource Protection Area Overlay Text Break********************************** E.I3 Rural Lands Stewardship Area Overlay Text Break********************************* F.& Airport Noise Area Overlay Text Break********************************* G. Bayshore/Gateway Triangle Redevelopment Overlay Text Break********************************* H. Urban-Rural Fringe Transition Zone Overlay Text Break********************************* I. 1€L Coastal High Hazard Area Text Break********************************* J. L Incorporated Areas Text Break********************************* Underlined text indicates text to be added for Ventana Pointe Residential Overlay;Streek—flifaugli-text to be deleted. Page 2 of 5 11.D.6 Packet Pg. 1982 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) FUTURE LAND USE MAP SERIES Future Land Use Map Activity Center Index Map Mixed Use&Interchange Activity Center Maps Properties Consistent by Policy(5.11, 5.12, 5.13, 5.14)Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Future Land Use Map Rivers and Floodplains Future Land Use Map Estuarine Bays Future Land Use Map Soils Existing Commercial Mineral Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map North Belle Meade Overlay Map Section 24 Existing Schools and Ancillary Facilities Map Future Schools and Ancillary Facilities Map(XIII)Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve—Conservation Designation Map Lely Mitigation Park—Conservation Designation Map Margood Park Conservation Designation Map Urban Rural Fringe Transition Zone Overlay Map Orange Blossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Goodlette/Pine Ridge Mixed Use Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map Livingston/Pine Ridge Commercial Infill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Map Livingston Road Commercial Infill Subdistrict Map Orange Blossom/Airport Crossroads Commercial Subdistrict Livingston Road/Veteran's Memorial Boulevard Commercial Infill Subdistrict Map Corkscrew Island Neighborhood Commercial Subdistrict Map Collier Boulevard Community Facility Subdistrict Map Coastal High Hazard Area Map Coastal High Hazard Area Comparison Map Gordon River Greenway Conservation Area Designation Map Hibiscus Residential Infill Subdistrict Map Vincentian Mixed Use Subdistrict Map Davis—Radio Commercial Subdistrict Map Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map Ventana Pointe Residential Overlay Map Underlined text indicates text to be added for Ventana Pointe Residential Overlay;text to be deleted. Page 3 of 5 11.D.6 Packet Pg. 1983 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) EXHIBIT A PL20180002668/CP-20 1 8-7 Off`/ 1201 VENTANA POINTE RESIDENTIAL OVERLAY COLLIER COUNTY, FLORIDA Smokehouse Bay DR J Immokalee RD G) i c+, 1 fl. de x G1 O CD v PROPOSED SUBDISTRICT at o r Cannon BLVDSund ;I, -4Cab, P/ nes D/i ADOPTED-XXXX,XXXX LEGEND Ord No XXXX-X) 0 250 500 1,000 Feet v I 1 I I I 1 I I I rr PROPOSED SUBDISTRICT 1 Pape 4 of 5 Page 4 of 5 11.D.6 Packet Pg. 1984 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) INEW7, I 1483 I T473 I T483 I T493 I T 50S I TII1S I 1523 I T535 I I 1 : I U. 11- V14: 4; 1" 01; 5• 1 1. 1, 8 540P.,. 2x, 40-1,, x 1 I i 1 8) iPii' 01Z11.:, i CIPX, ViNlaAg I z 1 11 1 1 Nil I i - i 1 • lig. f - s 1 . i I Fa 11 i j 1 iiii ! lift 011 1 11' g I a. g F. :" ! ii R- --,,,.. 4- - F. i :' R - - . i -,-;_:-;:?.., x- t --;:-."' • - 2 . iLj i !! 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Page 5 of 5 I 1413 I 1473 I T485 I 1 493 I TSOS I 1513 I T 52S I T 53S 11.D.6 Packet Pg. 1985 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - 11.D.6Packet Pg. 1986Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1987Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.6Packet Pg. 1988Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) I (, Collier CouD ty Platu ng CorDmissio, ffii#1{Tfi*i*]T*tiilffi m**rmerffi *mi Mark p Strain, Chairmafl ,aorc It rhe t()ard of Couhty Comrn;i;oners Office. lmmokalee RO o Jo .E =oo z ol @ o .g :BLVD WGolden Gate I{APLESNEWS.COM I FRIDAY,MAY29,2O2O I tlA 5/29/20 Project Location 11.D.6 Packet Pg. 1989 Attachment: 9.A.1 PL20180002668 Ventata Pointe GMPA (12706 : Collier County Planning Commission - June 16, 2020) 06/16/2020 COLLIER COUNTY Collier County Planning Commission Item Number: Item Summary: PUDZ-PL20180002669: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district within the Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as Ventana Pointe RPUD, to allow construction of up to 77 detached single family dwelling units on property located on the south side of Immokalee Road, approximately two miles east of Collier Boulevard, in Section 25, Township 48 South, Range 26 East, consisting of 37.62± acres; and by providing an effective date. (Companion PL20180002668) [Coordinator: Timothy Finn, AICP, Principal Planner] Meeting Date: 06/16/2020 Prepared by: Title: – Zoning Name: Tim Finn 03/24/2020 10:10 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 03/24/2020 10:10 AM Approved By: Review: Road Maintenance Diane Lynch Review item Completed 03/24/2020 3:24 PM Zoning Ray Bellows Review Item Completed 03/24/2020 4:18 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 03/30/2020 12:01 PM Growth Management Department James C French Review Item Completed 03/30/2020 5:31 PM Zoning Ray Bellows Review Item Completed 03/31/2020 9:02 AM Planning Commission Mark Strain Meeting Pending 06/16/2020 9:00 AM 11.D.7 Packet Pg. 1990 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) TO: FROM: HEARING DATE: MARCH 5,2020 SUBJECT: t C-oUnw STAFF REPORT COLLIER COT]NTY PLANNING COMMISSION ZONING DIVISION _ ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT PUDZ-PL2O 1 80002669; VENTANA POINTE COMPANION ITEM : PL20 1 80002668 I CP -20 I 8 -7 Owner: Carole Construction of Naples, Inc. 1100 Cypress Woods Drive Naples, FL 34103 Contract Purchaser: Agent RJH, II, LLC 7466 NW 5l't Way Coconut Creek, FL 34073 Robert J. Mulhere, FAICP, Vice-President Hole Montes, Inc. 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from a Rural Agriculture (A) zoning district within a Rural Fringe Mixed Use District Overlay-Receiving Lands to a Residential Planned Unit Development (RPUD) zoning district. The subject property is comprised of one parcel owned by Carole Construction of Naples, Inc. GEOGRAPHIC LOCATION: The subject property is located on the south side of Immokalee Road, approximately two miles east of Collier Boulevard Collier Boulevard, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of 37 .62+l- acres (see location map on page 2). PURPOSE/D ON OF PROJECT: This petition seeks to rezone the property to RPUD to allow for the development of up to 77 detached single-family residential dwelling units at 2.05 (DU/AC) for a project to be known as Ventana Pointe RPUD. PUDZ-PL2O180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page 1 of 15 11.D.7 Packet Pg. 1991 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) o- (E o) .cEoN Zo EE!,C'o - ! t'I ! ll t li I' I' t I i; lr I I I O)(o(o c{ooo @ oNJ(L Lo -o E =zc .o -_o(L = o_(I, c .o (5ooJ t2irourE Eg - -!repd!-.- Ili\t:r\ llD 0'i6T) 1ltt ,al (;{!nn )t a (l.{tlt \)(i {|fi irfl r rr!.rrll Il-a ol ct Page 2 oI 15PUDZ-PL201 80002669 Ventana Pointe RPUD Revised: February 26, 2020 tr I ta t\\ l 11.D.7 Packet Pg. 1992 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of Ventana Pointe RPUD: North:Immokalee Road, a six-lane arterial roadway, and then developed residential, with a current zoning designation of Heritage Bay PUD (1.30 DU/AC), which is approved for single-family attached and multi-family residential units and commercial development East:Richards Street, a local road, and then sparsely developed with single family residential, with a curent zoning designation of Rural Agriculture Mobile Home Overlay within a Rural Fringe Mixed Use District Overlay-Receiving Lands South:Sundance Street, a local road, then undeveloped land with a current zoning designation of a Rural Agriculture (A) zoning district within a Rural Fringe Mixed Use District Overlay-Receiving Lands West:Sparsely developed with single family residential with a current zoning designation of a Rural Agriculture (A) zoning district within a Rural Fringe Mixed Use District Overlay-Receiving Lands PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Aerial (County GIS) Page 3 of 15 SURROUNDING LAND USE AND ZONING: HTIIIiAO' BAY / a. '1, -. , 11.D.7 Packet Pg. 1993 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section25, Township 48 South, Range 26 East. This petition requests a tezone from A-RFMUO Receiving Lands, Rural Agricultural zoning district and Rural Fringe Mixed Use Overlay Receiving Lands, to Residential Planned Unit Development (RPUD) to allow development of up to 77 single-family dwelling units - or, up to a maximum density of 2.05 dwelling units per acre (DU/A). The Ventana Pointe PUD rezone petition is contingent upon approval of the companion GroMh Management Plan amendment (GMPA) petition PL201800026681CP-2018-7. Based upon the analysis, the proposed PUD may be deemed consistent with the FLUE of the GMP, contingent, in part, upon the companion GMP Amendment being adopted and going into effect. The PUD Ordinance needs to provide for the effective date to be linked to an effective date of the companion GMPAmendment. (see Attachment B - FLUE Consistency Review) Transportation Element: In evaluating this project, staff reviewed the applicant's September 20, 2019 Trip Generation Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then applicable 2018 and the current 20i9 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petttion or application that would directly access a deficient roadway segment as identffied in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the curuent AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is curuently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the trffic impact statement reveals that any of the following occur; a. For linl<s (roadway segments) directly accessed by the project where project trffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For linlrs adjacent to links directly accessed by the project where project trffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other linlcs the project trffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon o mitigation plan prepared by the applicant and submitted as part of the trffic impact statement that addresses the project's significant impacts on all roadways. " PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page 4 of 15 11.D.7 Packet Pg. 1994 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) Staff finding: According to the TIS provided with this petition, the requestedPUDZ rezone proposes a maximum of 77 single-family dwelling units that will generate a projected +l- 79 PM peak hour, two-way trips that will occur on the following adjacent roadway network. The trips generated by this development will occur on the following adjacent roadway link Based on the 2019 AUIR's, the adjacent roadway network has sufficient capacity to accommodate the proposed trips for this project within the 5-year plaruring period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 35.47 acres of native vegetation. A minimum of 8.87 (25%) acres of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. Staff finds the proposed rezone to be consistent with the GMP subject to the approval of the companion amendment to the GMP, PL20180002668/CP-2018-7. Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13.8.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses the aforementioned criteria as the basis for their recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff offers analyses in the below sections. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concems. The property is located within Rural Fringe Mixed Use (RFMU) Overlay PUDZ-PL20180002669 Ventana Pointe RPUD Revised. February 26, 2020 Roadway Link 201 8 AI]IR LOS 2019 AUIR LOS Current Peak Hour Peak Direction Service Volume/Peak Direction 2018 Remaining Capacity 20t9 Remaining Capacity Immokalee Road Collier Boulevard to Wilson Boulevard D D 3,3O0/East 681 362 Page 5 of 15 STAFF ANALYSIS: 11.D.7 Packet Pg. 1995 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) Receiving Lands. The minimum PUD preserve requirement is 8.87 acres (25Yo of 35.47 acres); the applicant has provided 9.63 acres of preservation onsite. No listed animal species were observed on the property; however, the property has suitable habitat for various listed species. A potential nesting site for Big Cypress Fox Squirrel (Sciurus niger avicennia) was observed in the north-central portion of the site. Prior to the site clearing stage of the proposed development, additional observations for Big Cypress Fox Squirrel nests will be needed. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bat (Eumops /loridanus). Three cavity trees where observed onsite with the potential to contain Bonneted Bat; however, no evidence was found indicating the trees were being utilized. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanusJloridanr.rs) in the area. A black bear management plan will need to be included at PPL or SDP review. The subject property is located within core foraging ranges for three Wood stork colonies (Mycteria americana). Consultation with FWS may be needed to mitigate for impacts proposed onsite. The Environmental Data indicates the subject property falls within FWS Secondary Florida Panther Habitat (Felis concolor coryi). There were no observations of panther onsite; however, consultation with FWS will be required to obtain panther mitigation. Additionally, Twisted Air Plant (Tillandsia /lexuosa) and Stiff-leafed wild-pine (Tillandsia fasciculata), listed as a less rare plants, have been observed on the property and will be protected in accordance with LDC 3.04.03. Transoortation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water service area and the north wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater services are readily available via connections to existing infrastructure within adjacent righfof-way, and sufficient water and wastewater treatment capacities are available. The developer has committed to providing 8" water main stub-outs at the eastern and westem limits of the southernmost intemal road right-of-way for future water distribution system connections. Emergency Management Review Emergency Management staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Landscape Review: There are no deviations related to landscape. The buffers along Immokalee Road, Richards Street, and Sundance Street are labeled 25' wide, which is 5' wider than the LDC requirement. The buffer along the West is labeled 25', which is 15'wider than the LDC requirement. Parl<s and Recreation Review: Parks and Recreation staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Historic Pre Review Historic Preservation staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page 6 of 15 A.ffordable Housinq Review: Affordable housing is not proposed for this project. 11.D.7 Packet Pg. 1996 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) School District: At this time, there is sufficient capacity within the elementary and middle conculrency service areas and in an adjacent high school concurrency service area ofthe proposed development. At the time of SDP or platting, the project will be evaluated for school concurrency. Zoning Services Review: Staff has evaluated the uses proposed and their intensities, and the development standards such as building heights, setbacks, and landscape buffers. Staff also evaluated the building mass, building location and orientation, the amount and type of open space and its location, and traffic generation/attraction of the proposed uses. This request is a rezone from A-RFMUO Receiving Lands, Rural Agricultural zoning district and Rural Fringe Mixed Use Overlay Receiving Lands, to Residential Planned Unit Development (RPUD) to allow development of up to 77 single-family dwelling units - or, up to a maximum density of 2.05 dwelling units per acre (DU/A). The Ventana Pointe Residential Overlay is a companion GMPA, which will create a site-specific future land use Overlay. The proposed uses within the Ventana Pointe RPUD will be consistent with the conditions in this Ventana Pointe Residential Overlay. There are public facilities and services available consistent with the levels of service adopted in the GMP, and as defined and implemented through, the Collier County Adequate Public Facilities Ordinance. Within the proposed Ventana Pointe RPUD boundaries, the minimum setback from Immokalee Road is 50 feet. The minimum setbacks from Richards Street, Sundance Street, and westem perimeter are 25 feet. The actual building heights are not to exceed 42 feet, and the zoned heights are not to exceed 35 feet. To the north, the maximum building heights for single family homes and townhomes is 35 feet within the Heritage Bay PUD. To the east, south, and west of the subject property, the structures all have maximum heights of up to 35 feet. The proposed heights for Ventana Pointe RPUD have an actual height of 42 feet and a zoned height of 35 feet. The proposed heights within Ventana Pointe RPUD are compatible with the immediate neighborhoods as the surrounding properties have a variation of maximum heights at or below the 35-foot zoned building height threshold. As previously stated, a25-foot wide Type D Buffer is proposed along Richards St on the east side, Immokalee Rd on the north side, and Sundance Street on the south side. On the west side of the PUD, a proposed 25-Type A buffer is proposed along a neighboring preserve. The Master Plan also illustrates a water management area. As such, these landscaping buffers, preserves, and water management area will provide natural transitions around and within the RPUD. The development standards will provide adequate setbacks, limitations on height, and additional buffers to ensure compatibility with adjacent land uses. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 1. Page 7 of 15 11.D.7 Packet Pg. 1997 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ) 3. Water and wastewater transmission mains are readily available along Immokalee Road, and there are adequate water and wastewater treatment capacities to serve the proposed PUD. Drainage solutions would be evaluated in connection with SDP/platting and construction permits. Adequacy of evidence of unified control and suitabilify of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attomey's Office, demonstrate unified control of the property. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD is required to provide at least 60% of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be demonstrated at the time of SDP or platting. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or PlaQ, at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 4. 5. 6. PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page 8 of 15 11.D.7 Packet Pg. 1998 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 7 The CCWSD has sufficient treatment capacities for water and wastewater services to the project. Conveyance capacities must be confirmed at the time of development permit application. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including readily available County water and wastewater mains, to accommodate this project based upon the commitments made by the petitioner, and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Three deviations are proposed in connection with this request to rezone to RPUD. See deviations section of the staff report beginning on page 12. Rezone Findings: LDC Subsection 10.02.08.F states, "'When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners. . . shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistentwith the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattem (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. The possible creation of an isolated district unrelated to adjacent and nearby districts. The properties that abut the project on all sides of the subject property are zoned PUD and Agriculture and allow for residential uses. Therefore, the proposed petition would not create an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The rectangle-shape boundary of the RPUD logically follows the external boundary of the parcels assembled for the rezoning. PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 8 3 4 Page 9 of '15 11.D.7 Packet Pg. 1999 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 6. 7, 5.Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not necessary but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed RPUD is not anticipated to adversely influence living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed RPUD request is not anticipated to create drainage problems in the area; provided an environmental resource permit that addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on-site stormwater treatment, and attenuation storage is obtained from the South Florida Water Management District. County staff will evaluate the project's stormwater management system, calculations, and design criteria at time of SDP and/or plat review. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this RPUD would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 9. Page 10 of 15 11.D.7 Packet Pg. 2000 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 12. 13. 14. 15. 16. 17. PUDZ-PL20180002669 Ventana Pointe RPUD Revised : February 26, 2020 of adjacent property in accordance with existing regulations. Immokalee Road abuts the project to the north and staff does not anticipate this proposed RPUD would serve as a deterrent to its improvement and other adjacent properties. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Because the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards are not permitted, according to the existing classification. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff s opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management PIan and as defined and implemented through the Collier County Page 11 of 15 11.D.7 Packet Pg. 2001 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. 18.Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The petitioner is seeking three deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation is outlined below. Proposed Deviation #1: (Cul-De-Sac) "Deviation I seeks relief relief from LDC Section 6.06.01.J which prohibits dead-end streets except when designed as a cul-de-sac and limits the length of a cul-de-sac to a maximum of 1,000 feet, to allow for an intemal roadway that culminates in a modified "T" design and which measures 2,425 feet from the entry gate to the modified 66T" cul-de-sac design." Petitioner's Justification: This deviation has been previously granted. We are proposing an emergency only egress to Richards Street, which should address any emergency access concerns. Staff Analysis and Recommendotion: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is 'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Ptqposed Deviation #2 (Rieht-of-Way Width) "Deviation 2 seeks relief from LDC Section 6.06.01.N Street System Requirements, which requires a minimum right-of-way width of 60 feet for local roads to allow a width of 50 feet for private roadways within the Ventana Pointe RPUD." I PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page 12 of 15 11.D.7 Packet Pg. 2002 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) Petitioner's Justijication: This deviation has been grantedfor many projects where the roads will remain private. There is adequate width in a 50-foot cross sectionfor a private local road to allowfor all necessary utilities, sidewalks and so forth. See LDC 60-foot and proposed S}-foot cross section exhibits as provided in the Deviations/Justification Narrative in Attachment D. Staff Analysis and Recommendation.' Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Proposed Deviation #3: (Sidewalks) "Deviation 3 seeks relief from LDC Section 6.06.012.A.1 which requires sidewalks on both side of a local street, to instead allow sidewalk on only one side of a local private street where a development is located on only one side of the local private street." Petitioner's Justification: This deviation has been previously granted in situations where development occurs on one side of a local street only. In this RPUD, a portion of the entry road abuts a preserve. In that location, a sidewalk on one side of the street will sffice. Stalf Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is 'Justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORIIOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on June 12,2019 at the Peace Lutheran Church located at 9850 Immokalee Road. The meeting commenced at approximately 5:30 p.m. and ended at 6:30 p.m. Bob Mulhere, the agent, conducted the meeting with introductions ofthe consultant team and staff, and an overview of the proposed RPUD rezoning application, including the requested residential uses, maximum allowable height, location of preserve areas, and access off Richards Rd. He also outlined the rezoning process and opportunities to provide input at public hearings. Following the Consultant's presentation, the meeting was opened to attendees to make comments and ask the consultant team questions regarding the proposed development. The concerns in regard to traffrc were access into Richards Rd, traffic onto Richards Rd, and maintenance of Richards Rd, making a left going west onto Immokalee from Richards Rd, stacking of vehicles on Richards Rd, and crowding on Richards Rd. Bob Mulhere said he would discuss these issues with County transportation staff and that they were told by the County that they could not have access from Immokalee Rd. The residents wanted a wall protecting these residents from the traffic off Richards Rd. Other concems were water management and flooding, cramming homes in less than 40 acres, P UDZ-PL2O180002669 Ventana Pointe RPU D Revised: February 26, 2020 Page 13 of 15 11.D.7 Packet Pg. 2003 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) the attendees said they want access from Immokalee Rd and not Richards Rd, impact fees, and existing berms. A copy of the sign-in sheet and NIM summary arc included in Attachment D. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attomey's Office reviewed this staff report on February 25,2020 RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval. Attachments A) B) c) D) Proposed Ordinance FLUE Consistency Memo NIM Materials Appl ication/Backup Material s PUDZ-PL20180002669 Ventana Pointe RPUD Revised: February 26, 2020 Page'14 of 15 11.D.7 Packet Pg. 2004 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) PREPARED BY: Zl za 1>-n TIMOTHY , AICP, PRINCIPAL PLANNER ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: RAYM V. BELLOWS,MANAGER DIVISION- ZONING SERVICES SECTION APPROVED BY: FRENCH, DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Tentative Board of County Commissioners Hearing Date April14,2020 PUDZ-PL20180002669 Ventana pointe RpUD Revised: February 19, 2020 2 DATE DATE -z.r/aa ,/r, =,DATE Page 15 of 15 11.D.7 Packet Pg. 2005 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2006 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2007 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2008 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2009 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2010 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2011 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2012 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2013 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2014 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2015 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2016 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2017 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2018 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2019 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ‒ 1 ‒ PL20180002669, Ventana Pointe Residential PUD Growth Management Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Timothy Finn, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Date: January 7, 2020 Subject: Future Land Use Element Consistency Review of Proposed Planned Unit Development Rezone PETITION NUMBER: PUDZ-PL20180002669 [REV: 2c] PETITION NAME: Ventana Pointe Residential Planned Unit Development (PUD) Rezone REQUEST: This petition requests a rezone from A-RFMUO Receiving Lands, Rural Agricultural zoning district and Rural Fringe Mixed Use Overlay Receiving Lands, to Residential Planned Unit Development (RPUD) to allow development of up to 77 single-family dwelling units – or, up to a maximum density of 2.05 dwelling units per acre (DU/A). LOCATION: The subject property is located on the south side of Immokalee Road, along the west side of Richards Street, and along the north side of Sundance Street, approximately two miles east of Collier Boulevard (CR 951), in Section 25, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The Ventana Pointe PUD rezone petition is contingent upon approval of the companion Growth Management Plan amendment (GMPA) petition PL20180002668/CP-2018-7. That GMPA will establish the Ventana Pointe Residential Overlay, and was approved on October 22, 2019 for Transmittal by the Board of County Commissioners with the following Subdistrict language (in part), followed by staff analysis in brackets: 1. Ventana Pointe Residential Overlay a. The Ventana Pointe Residential Overlay is located on the south side of Immokalee Road, approximately two (2) miles east of Collier Boulevard (approximately one (1) mile east of the Urban Boundary) and consists of 37.62± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands b. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: (1) Primary access shall be via Immokalee Road. (2) Dwelling units shall be limited to single family detached. 11.D.7 Packet Pg. 2020 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ‒ 2 ‒ PL20180002669, Ventana Pointe Residential PUD C. The maximum density shall be 77 dwelling units. D. Density shall be achieved as follows: (1) Base Density: 0.20 dwelling units per acre*; and (2) Additional density may be achieved as follows: a. A density bonus of 0.1 units per gross acre in the Overlay shall be allowed for preservation of on-site native vegetation exceeding, by at least 10%, the minimum LDC required native vegetation retention amount. The density bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be applicable in this Overlay; or b. Through the redemption of Transferable Development Rights (TDRs) as set forth in LDC Section 2.03.07.D.4.; and, c. For each full TDR credit redeemed pursuant to Paragraph b. above, one additional dwelling unit shall be granted if: i. The purchaser of the TDR credits enters into a contract to purchase TDR credits from Sending Lands that have not severed TDRs as of the date of the contract and the owner subsequently severs the TDR credits prior to closing on the sale of the TDR credits; or ii. Such TDRs are granted in accordance with LDC Section 2.03.07.D.4.c.ii.a) ‒ Environmental Restoration and Maintenance Bonus credits or from LDC Section 2.03.07.D.4.c.ii.b) ‒ Conveyance Bonus credits. * Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. E. Perimeter Landscape buffers shall be a minimum of twenty-five feet (25’) in width and shall, at a minimum, meet the requirements for a Type “B” buffer set forth in LDC Section 4.06.02.C.2. [These provisions, by Resolution 2019-206, were transmitted to the Florida Department of Economic Opportunity and the review agencies in accordance with Chapter 163.3184(3), Florida Statutes. After review of the Transmitted amendment within each reviewing agency’s authorized scope of review, the DEO [who assigned review no. 19-05ESR], as well as the Florida Department of Environmental Protection (DEP), Florida Department of Agriculture and Consumer Services/Florida Forrest Service, Florida Department of State/Bureau of Historic Preservation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District (SFWMD), and Southwest Florida Regional Planning Council (SWFRPC), rendered their comment letters indicating “no comment” or “no adverse impacts found” or the agency did not respond. The Florida Department of Transportation (FDOT) conducted a planning level analysis and rendered comments within their authorized scope of review, but did not express any concerns regarding this project. There have been no revisions from the Subdistrict language transmitted by Resolution 2019-206. The adoption of companion Growth Management Plan amendment (GMPA) petition PL20180002668/CP- 2018-7 is scheduled for this same hearing.] 11.D.7 Packet Pg. 2021 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ‒ 3 ‒ PL20180002669, Ventana Pointe Residential PUD REVIEW OF PUD and PUD-RELATED DOCUMENTS: Relevant FLUE objectives and policies are stated below, followed by staff remarks. Future Land Use Element Policy 5.6 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, staff notes that in reviewing the appropriateness of the requested uses/intensities on the subject property, the compatibility analysis is to be comprehensive and include a review of both the subject property and surrounding or nearby properties with regard to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The County recognizes Smart Growth policies and practices in its consideration of future land use arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart Growth policies for new development and redevelopment projects pertaining to access, interconnections, open space, and walkable communities. Each policy is followed by preliminary and partial review staff observations and comments [in bold italicized text]. Objective 7: Promote smart growth policies, reduce greenhouse gas emissions, and adhere to the existing development character of Collier County, where applicable, and as follows: Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Ventana Pointe Master Plan (Exhibit C, updated to 1/3/2020), depicts a subject property that fronts Immokalee Road (classified as a major arterial road). The subject property comprises a length of Richards Street, which is an unclassified two-lane undivided (private) roadway. The Master Plan depicts direct connection to Immokalee Road as its main point of entry, and a second connection to Richards Street with a point of “stabilized emergency egress only.” No emergency ingress is proposed or depicted.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The Ventana Pointe Master Plan (Exhibit C, updated to 1/3/2020), depicts direct access to Immokalee Road for the 2,400 ft.-long dead-end street from which all parcels within the project have internal access.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The property abuts a road on the north, and along roads on the east and south sides. Opportunities are present to connect the project’s local streets with adjoining neighborhoods via the local roads along the east and south property lines and to the property to 11.D.7 Packet Pg. 2022 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ‒ 4 ‒ PL20180002669, Ventana Pointe Residential PUD the west. The Master Plan depicts no interconnection with adjoining parcels to the west and no (non-emergency) connection to the two abutting local roads.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [With respect to how this development responds to the County’s future plans in providing a walkable community generally, submittal document RPUD Deviations and Justifications (unlabeled exhibit, updated to 11/22/2019), propose sidewalks on one side of the 20 ft.-wide local street where residences are built only on one side. As with prior projects with single -loaded streets, staff has no objection. It is unclear, however how sidewalks are intended to reach the existing sidewalk located on the near side of Immokalee Road. No plan depicts or provisions propose how sidewalks will be provided where residences are built on neither side of the local street. Submittal documents also propose deviations to allow the 20 ft.-wide dead-end street‒sidewalk combination to extend more than 2,400 feet – a length inconsistent with the County’s recognized policies and practices. With respect to how this development provides a blend of densities and a range of housing prices and types, submittal documents are provided that allow only one type of dwelling unit and uniform lot sizes. With respect to how this development provides common open space, submittal document, Exhibit C, RPUD Master Plan depicts an “optional amenity area” as common open space in addition to a preserve area. With respect to how this development provides civic facilities, submittal document, Exhibit C, RPUD Master Plan depicts and other materials allow, community amenities and recreational uses that sometimes function as civic facilities, e.g. polling place.] Emergency Preparedness: a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Forest Service and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. 11.D.7 Packet Pg. 2023 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) ‒ 5 ‒ PL20180002669, Ventana Pointe Residential PUD The petitioner submitted a Wildfire Prevention and Mitigation Plan, as outlined in “b” above and incorporated implementing provisions into the PUD Document. These implementing provisions appear in Exhibit F, Development Commitments, including Exhibit F-1, depicting “Defensible Areas”. CONCLUSION: Based upon the above analysis, this proposed PUDZ may not be deemed consistent with the FLUE. However, the petition may be deemed consistent if and when the companion GMP amendment petition (PL20170004419/CP-2018-1) is adopted and goes into effect. The PUD Ordinance needs to provide for the effective date consistent with the effective date of the companion GMP amendment petition. Comments: 1. This petition may only be deemed consistent with the FLUE if the companion GMP amendment petition (PL20180002668/CP-2018-7) is adopted and goes into effect. 2. The PUDZ Ordinance needs to provide for an effective date to be linked to the effective date of the companion GMP amendment petition. PETITION ON CITYVIEW cc: Ray Bellows, Zoning Manager, Zoning Services Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section G: Comp\Consistency Reviews\2019\PUDZ\ \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2020\PUDZ\PUDZ-PL2018-2669 Ventana Pnte R2c_FNL.docx 11.D.7 Packet Pg. 2024 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) FinnTimothy From: Sent: €c: Subject: SchmidtCorby Monday, June 17, 2019 10:17 AM Christina Cook FinnTimothy; SawyerMichael RE: Ventana Pointe RPUD Thank you for your inquiry. The applicant's representatives, Hole Montes will provide us with the audio recordinq of the Neighborhood lnformation Meeting (NlM) within a short time, along with the list of those addresses where notifications were sent. The specific requirements for these notifications can be found in the Land Development Code (LDC) available for viewing online, at the Zoning Services website of Collier County. The remainder of your concerns have been noted and shared with Mr. Finn, (also in attendance at the NIw) and with Michael Sawyer, of the County's Transportation Planning Section, who typically reviews these petitions. 239.252.29U Corby.Schmidt@colliercountyfl.gov From: Christina Cook <cxcook77@gmail.com> Sent: Friday, June L4,2OL9 4:O7 PM To: SchmidtCorby <Corby.Schmidt@colliercountyf l.gov> Subiect: Ventana Pointe RPUD June 14, 2019 Re: Ventana Pointe RPUD (PUDZ-P120170002559) Ventana Pointe Residential Overlay GMPA (GMPA-P120180002668 / CP -2Or8-7 HM File No: 2018.53 Dear Corby Schmidt, AICP, I am writing regarding the above, Ventana Pointe, development. Our neighbor, Colleen Wood, received a letter dated May 28,2019 from Hole Montes lnc. advising her of a Neighborhood meeting which would be held on June 12,2OLg. Today, June L4,2019 was the first I heard of this letter or meeting. I checked around with 6 other neighbors today from Krape Road and none of us received the letter in addition to the 5 on Richard Road that did not receive letters! Apparently, this was questioned at the meeting and someone stated that the letters "had been mailed". Were these letters certified? How can they prove they mailed them? When our business must send notices to costumers we send certified mail to prove they were indeed sent. Shame on Hole Montes lnc. for not showing due diligences in assuring ALL property owners were properly notified. To: When the public hearings are scheduled, neighbors will be mailed notification letters and sign(s) will be posted - after which time correspondence should be directed to myseli Corby Schmidt, AICP, Principal Planner, 2800 N. Horseshoe Drive, Naples, 34104. All correspondence however, is best handled through email messages directly to the address below. lt is always recommended that individuals prepare for, and present information under testimony before the Planning Commission and Board of County Commissioners when hearings take place. Thank you. Corby Schmidt, AICP Principal Planner 1 11.D.7 Packet Pg. 2025 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) The Property Owner of Krape Road will not sit idly by while a corporation attempts to take away our privacy, rights and safety. Richards, Krape Road and the 2 connecting lanes have been maintained solely by its property owners for over 30 years. Traffic to exit said roads onto lmmokalee Road is already so treacherous that we called the county regarding all the "beautification" of the medians and obstructing our view of traffic. I leave with our 2 children EVERY day at 7:15am and I can tell you that adding even 20 more cars to that morning traffic attempting to turn west bound will be a catastrophe. ln case you are unaware, between both Richards and Krape Road there are 2 landscaping businesses, t horse jumping business, and 1 moving company who ALL send large trucks with long trailers out into town every morning between 5 and 8am. Not to mention all the dump trucks that enter and exit Foggs Nursery a few hundred feet west of Richards Road off lmmokalee Road. Please advise as to whom the Krape Road Property Owners, and should it come to it, their attorneys should send correspondences to in regards to this very important and timely matter. I have Very truly yours, Michael and Christina Cook 1820 Krape Road Naples, FL34720 (239)216-8805 (239)229-6269 Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response lo a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in writing. 2 11.D.7 Packet Pg. 2026 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) FinnTimothy From: Sent: To: Cc: Subject: SchmidtCorby Friday, June 21, 20191'l:10 AM BrownCraig FinnTimothy FW: VENTANA POINTE DEVELOPMENT I fowuardthis letter, from a neighbor oblecting to an aciive petition you are likely reviewing, as a reminder. After attending the neighborhood information meeting I drove the gravel road bordering the property. A bobcat paced the road in front o{ ie until it crossing onto the property. Neighbors stopped to show me photos of bear, bobcat and panther on or crossing onto the properiy... and lhaveyetto lookattheenvironmental informationyou'reabouttoscrutinizeand reporton fortheGMPAstaff reporl.. Just making you aware, as these animals and their habitat were not discussed previously ?nd not highlighted until now. (fhis CMPA has a compan ion rezoneto prep for too,) Thanks, Corby Schmidt, AICP Principal Planner From: EDWARD Dl NOVA <jednova @em barqma il.com> Sent: Wednesday, June 19, 2019 5:43 PM To: McDa nielBill <Bill. McDa niel@colliercountyfl,gov> Cc: SchmidtCorby <Corby.Sch midt@col liercountyfl.gov> Subject: Fwd: VENTANA POINTE DEVELOPMENT From:'Jednova" <jednova@embarqma > To: "Bill McDaniel" <Bill.McDaniel@colliercountyfl.qov> Cc: "corbyschmidt" <corbyschmidt@collierqov.net> Sent: Tuesday, June 18,2019 9:05:51 PM Subject: VENTANA POINTE DEVELOPMENT Dear Sirs, My name is Ed Dinova collier county resident from early 1970's, so like many have seen great changes, some good some bad, june 12 the neighborhood info meeting was held for Ventana Pointe residential community slated to develope approx 40 acres near our small community of private land owners. The small community consists of handful of residents from Richards street and Krape street that have lived in peace for many years enjoying our unique area. However change was inevitable, starting with olde fl golf to south, lamarada to west, everglades to the south, calusa pines to the south, another 500 acres to the east. I am sure when you all look at the map you will see the fishbowl that is being created of the lands that we call home. When the Ventana Pointe development is finished it will sandwich my small 5 acre parcel along with 3 others, so now we are surrounded, the natural water shed/flow has already been altered many years ago from listed developments, the residents in this area just deal with it. Knowing that this land developer has the right to develope his land. We all that have made this area our home did so with 1 11.D.7 Packet Pg. 2027 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response lo a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in wriling. 2 the assumption that the 1 dwelling per 5, then the 1 dwelling per 1 would at least keep our area rural in the midst of the cluster home boom. The Pine Ridge area would be a good example. This development will open the door to several other small 2040 acre parcels in the area. Without even GETTING INTO THE TRAFFIC IMPACT, and the affect on our water wells, hurricane shelter shortages, the impact on the value of parcels, nobody would ever want to buy sandwiched in between cluster neighborhoods ! and the watershed debate it just makes no sense to permit such a small development in this area. lt just does not fit the area. I asked a question at the meeting why such a small cluster community instead of buying at least the rest of adjacent lands, the response was " that would cost money" , well if finances are a issue maybe they should fold now. There just seams to be a lack of respect to the existing land owners in not just our area of concern but all over the rural areas of collier county. Though we can't stop development we can at least let the people trying to manage the groMh " hey we live here to". . Any questions feel free to contact me. Thanks for your time. ed dinova 239 566 5184 iednova@embarqmail.com 11.D.7 Packet Pg. 2028 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) March 1, 2020 Dear collier county commissioners, Attached is a letter I sent to commissioner Mcdaniel about Ventana Pointe development, advised to open communication after june 12 neighborhood meeting. lwas able to watch recording of commission meeting where project was approved, Since then public notice signs where put up and I have received letters from planner dept. about being heard at public meeting march 5,why the notice? The project was already approved. Some comment made at last hearing where project was already approved, commissioner asked is there no public comment? Just in response to that commissioner, from all the residents of the area is, why bother when the commissioners have already disregarded the recommendations of its own staff and the staff of planning dept that this project should not be approved, The public around here feels there is nothin8 but deaf ears when it comes to common sense about this project. Example, at the last hearing commissioner stated- I GUESS 76 MORE CARS ON IMMOKALEE ROAD REALLYWILL NOT MATTER- REALLY!, first of all how many households only have one car. This is really about common sense when lookinB at the growth of this county, and again I will state that this development does not fit the exiting area, with some common sense changes this whole area would be a great opportunity to develop at the right time. l, along with most residents in thls area know we have no voice in the long run but want this commission board to know WE LIVE HERE TOO. RESPECTIVLY SENT, COMMENTS/qUESTIONS feel free to contact me at 239 566 5184 ED DINOVA 11.D.7 Packet Pg. 2029 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2030Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2031Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2032Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2033Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2034Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2035Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2036Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - 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June 16, 2020) 11.D.7Packet Pg. 2157Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2158Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2159Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2160Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7 Packet Pg. 2161 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) I (, Collier CouD ty Platu ng CorDmissio, ffii#1{Tfi*i*]T*tiilffi m**rmerffi *mi Mark p Strain, Chairmafl ,aorc It rhe t()ard of Couhty Comrn;i;oners Office. lmmokalee RO o Jo .E =oo z ol @ o .g :BLVD WGolden Gate I{APLESNEWS.COM I FRIDAY,MAY29,2O2O I tlA 5/29/20 Project Location 11.D.7 Packet Pg. 2162 Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2163Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2164Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 11.D.7Packet Pg. 2165Attachment: 9.A.2 PL2018002669 Veanta Point PUDZ (12706 : Collier County Planning Commission - June 16, 2020) 06/16/2020 COLLIER COUNTY Collier County Planning Commission Item Number: Item Summary: BDE PL20190000673 A Resolution of the Collier County Planning Commission relating to a request for a 3.4-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 23.4 feet to accommodate a docking facility with one boat slip for two jet skis, including one jet ski lift, for the benefit of property located at 164 Tahiti Circle, also described as Lot 150 of Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Meeting Date: 06/16/2020 Prepared by: Title: Planner – Zoning Name: John Kelly 04/01/2020 1:10 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 04/01/2020 1:10 PM Approved By: Review: Zoning Ray Bellows Review Item Completed 04/01/2020 3:43 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 04/13/2020 11:11 AM Road Maintenance Diane Lynch Review item Completed 04/13/2020 3:40 PM Growth Management Department James C French Review Item Completed 04/17/2020 8:52 PM Zoning Ray Bellows Review Item Completed 04/20/2020 2:41 PM Planning Commission Mark Strain Meeting Pending 06/16/2020 9:00 AM 11.D.8 Packet Pg. 2166 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2167Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2168 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2169Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2170Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2171Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2172Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2173Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2174Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2175Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2176 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2177 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2178 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2179 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2180 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2181 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2182 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2183 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2184 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2185 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2186 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2187Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2188 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2189 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - KellyJohn From: Sent: To: Cc: Subject: Attachments: KellyJohn Friday, May 29,2020 6:47 PM KellyJohn VelascoJessica; CasanovaAlexandra BDE-PL 20190000573 Public Hearing Sign Posting - CCPC 061620 D831 92D8-1 4CD-4DC3-858F-3883ECCF01 0Cjpeg; 1 C02zt0D1 -0808-4CBF-86FA-09t477C8E246 jpeg: O49F7 F91 -E1 34-4F7D-8D52- 88D226D8D058 jp eg; 2484527 4 -8900 -42E2- A7 4C-l E63A948DE45 jpeg Two Public Hearing signs were posted by me at the subject location, one adjacent to the roadway and other at waterfront, for the referenced hearing at approximately 1:40 P.M. this date. Respectfully, John Kelly Senior Planner Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or an writing 1 11.D.8 Packet Pg. 2190 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) I - PUBL IC HEARING FOR lO{ Tahlti Circla BOAT DOCK EXTENS'ON To allow a 23.4-foot protrusion Petition No. 20190000673 CCPC: Juns 16, 2O2O - 9 A.M. a i-a I I)i cottier County Government centcr. 3299 Tamiami Trall East - 3d Floor John Kelly, Scnlor Plrnnor: 239-252-5719 ----_..--- :tr 't .J ---- In E:"-1:-.,, _ llttrrGnrLr-' \ \r 11.D.8 Packet Pg. 2191 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) I I- @ { - !il I .s. \ ra a a I I a - IZ Y*S q \EI TII - IB I 64 l.hrt, C,rq! BOAT DOCK EXTENSION To allow a 23.4-foot protruaion' Potltionr{o.20190000673 CCPC: Junc 16' 2020 ' I A.tl. r' 't Colllor County Crovemm'd c'nt'r- iZg)9 f"mtrrri Trell Eett - 3d Floor laobrPlm t:Zl9{t2*rtl, (:'lJohnt(olly' PUB L I E A R N G F 0 R I - n::_* .--,_ c-_h i L t1 tll, - \\ I .A 3 ,.7 \ I >r \ rrl c H I I 11.D.8 Packet Pg. 2192 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2193 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2194 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2195Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2196Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2197Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2198Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2199Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2200Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2201Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2202Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2203Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2204Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2205Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2206Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2207Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2208Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2209Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2210Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2211Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2212Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2213Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2214Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2215Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2216Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2217Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2218Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2219Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2220Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2221Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2222 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2223Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2224 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2225Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2226 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2227Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2228 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2229Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2230 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2231Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8 Packet Pg. 2232 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2233 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8 Packet Pg. 2234 Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - 11.D.8Packet Pg. 2235Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2236Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2237Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2238Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 11.D.8Packet Pg. 2239Attachment: 9.A.3 PL20190000673 BDE 164 Tahiti Circle (12706 : Collier County Planning Commission - June 16, 2020) 06/16/2020 COLLIER COUNTY Collier County Planning Commission Item Number: Item Summary: CU-PL20190000948: A Resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 11-149 which provided for the establishment of a conditional use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district, and within the Rural Fringe Mixed Use District Sending Lands Zoning Overlay and within the North Belle Meade Zoning Overlay, pursuant to Subsection 2.03.01.A.1.c.12 of the Collier County Land Development Code, to allow an air curtain incinerator as an accessory use to the collection and transfer site for resource recovery use on 3± acres of the 28.76± acre property located east of the Naples Landfi ll, north of I-75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (Companion to PL20190001052) [Coordinator: Nancy Gundlach, AICP, PLA, Principal Planner] Meeting Date: 06/16/2020 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 05/19/2020 9:15 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 05/19/2020 9:15 AM Approved By: Review: Road Maintenance Diane Lynch Review item Completed 06/01/2020 2:37 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 06/01/2020 4:09 PM Zoning Ray Bellows Review Item Completed 06/03/2020 9:14 AM Growth Management Department James C French Review Item Completed 06/03/2020 4:47 PM Zoning Ray Bellows Review Item Completed 06/03/2020 9:15 AM Planning Commission Mark Strain Meeting Pending 06/16/2020 9:00 AM 11.D.9 Packet Pg. 2240 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 1 of 12 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT- PLANNING & REGULATION HEARING DATE: JUNE 16, 2020 SUBJECT: CU-PL20190000948, YAHL MULCHING AND RECYCLING ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owners: Agent: Venture Yahl, LLC James Golden, P.G. 2250 Washburn Avenue Grove Scientific and Engineering Company Naples, FL 34117 6140 Edgewater Drive Suite F Orlando, FL 32810 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a Resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution Number 11-149 which provided for the establishment of a conditional use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district, and within the Rural Fringe Mixed Use District Sending Lands Zoning Overlay and within the North Belle Meade Zoning Overlay, pursuant to Subsection 2.03.01.A.1.c.12 of the Collier County Land Development Code, to allow an air curtain incinerator as an accessory use to the collection and transfer site for resource recovery use on 3± acres of the 28.76± acre property. GEOGRAPHIC LOCATION: The subject 3 acres of the 28.76± acre property is located east of the Naples Landfill, north of I- 75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See the location map on the following page.) 11.D.9 Packet Pg. 2241 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 2 of 12 11.D.9Packet Pg. 2242Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 3 of 12 Master Plan of Northern and Western Half of Site 11.D.9 Packet Pg. 2243 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 4 of 12 Master Plan of Northern and Eastern Half of Site SUBJECT 3- ACRE AREA 11.D.9 Packet Pg. 2244 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 5 of 12 PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to obtain a Conditional Use (CU) approval to allow for the addition of an air curtain incinerator (ACI) as an accessory use to the collection and transfer site for resource recovery use on 3± acres of an existing 28.7± acre mulching and recycling facility. The subject property is located in the Rural Agricultural (A) zoning district, and within the Rural Fringe Mixed Use District (RFMUD) Sending Lands Zoning Overlay and within the North Belle Meade Zoning Overlay (NBMO). The ACI is an efficient and clean method of burning wood debris. After a brief start-up period emitting smoke, the curtain of air prevents the release of smoke that would otherwise come from an open wood fire. For further information regarding ACI’s, see Attachment G-Application. The site has had a Provisional Use for excavation since 1991, resolution number 91-747. The original agricultural Provisional Use predates the adoption of the RFMUD and the proposed use is a grandfathered ancillary agricultural land use. The site has also had four subsequent Conditional Uses related to mulching and recycling uses. (Please see Attachment B-Previous Resolutions): 1. Resolution number 98-27, approved on January 27, 1998, for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2. Resolution number 2000-57, for an additional 5.19 acres, approved on February 22, 2000, for a Sawmill; 3. Resolution number 02-263, to expand to 27.9 acres, approved June 11, 2002, for a mulching and recycling facility; 4. Resolution number 2011-149, approved on September 13, 2011, to allow construction and demolition recycling. The facility is located south and east of Washburn Avenue, a privately owned road that has been voluntarily paved and maintained by the property owner. As previously stated, the subject site has an existing mulching, horticultural, construction, and demolition recycling facility that was approved through Conditional Uses. The proposed location of the ACI is depicted on the Site Plan on the previous page, in the existing horticultural recycling area in the northeastern portion of the site. This location is approximately 300+ feet from the nearest residence to the east. The site is buffered by portions of an existing landscape buffer along Washburn Avenue. There are 11.73± acres of preserve area provided along the southeastern corner of the site. (See Site Plan on previous page and Aerial on the next page). A Type C landscape buffer, which is a double row of trees located 30 feet on center with a 6-foot high opaque fence, is proposed along the east property line of the site where there is no conservation area. The hours of operation for the facility are from 6:30 a.m. to 5:00 p.m., Monday through Saturday. The operational hours may be extended during a storm event. If the site is accepting waste, the site access is controlled as stated above. According to information provided by the Applicant, the 11.D.9 Packet Pg. 2245 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 6 of 12 ACI operation hours vary from 7:00 am to 7:00 pm. In no case shall the air curtain be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, airflow shall be maintained onsite that documents daily beginning and ending times of charging. The operating hours will be included in the staff Conditions of Approval. If the Conditional Use for the collection and transfer site for resource recovery use approved in Resolution No. 11-149 should cease to exist, then the air curtain incinerator use will no longer be permitted. This has been added as a condition of approval. For further information, please see Attachment A–Proposed Resolution. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently partially developed, in the Rural Agricultural (A) zoning district SURROUNDING: North: Washburn Avenue, then land developed with a mobile home, a plant nursery and landfill in the A (Rural Agricultural) zoning district East: Land developed with a single-family residence and vacant land in the A (Rural Agricultural) zoning district South: I-75 and undeveloped land in the A (Rural Agricultural) zoning district West: Vacant land and land developed with a radio tower, and a landfill in the A (Rural Agricultural) zoning district 11.D.9 Packet Pg. 2246 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 7 of 12 AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed CU and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment C-FLUE Consistency Review. Transportation Element: Transportation Planning staff has reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the GMP. According to the Petitioner, the addition of the proposed ACI to the existing facility will not cause additional trips. It will potentially reduce the current trips experienced at this facility. The ITE traffic impacts generated by the facility does not change with the addition of the ACI (an ACI is not a stand-alone ITE trip generator and is considered an accessory to the principal use for traffic impact). There are no other changes proposed with this CU; therefore, there are no additional transportation impacts beyond the previous findings of approval. SUBJECT 3- ACRE AREA 11.D.9 Packet Pg. 2247 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 8 of 12 Conservation and Coastal Management Element (CCME): Environmental Review staff have found this project to be consistent with the CCME. The proposed changes do not affect any of the environmental requirements of the GMP. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.A.1.c.12 of the LDC permits conditional uses in the Agriculture (A) zoning district. The request to allow for the addition of an air curtain incinerator (ACI) as an accessory use to the collection and transfer site for resource recovery use on 3± acres of an existing 28.7± acre mulching and recycling facility is permitted as a conditional use in the Agriculture (A) zoning district, subject to the standards and procedures established in section 10.08.00, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP and this project will be in compliance with the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property is provided by six points along Washburn Avenue street frontage. One ingress and egress is provided along the portion of Washburn Avenue which runs north/south. Five ingress and egress points are provided along the portion of Washburn Avenue that runs east/west. Please note, that no new access points are proposed. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The mulching and horticultural recycling use has been in existence since 1991 and the construction and demolition recycling use since 2011. It has historically had minimal impact on neighboring properties in relation to glare, economic or noise effects. Furthermore, the proposed ACI operation will be limited to a 3-acre portion of the site. The ACI fan engine is mufflered and noise limits at the property line will be in accordance with County regulations. Furthermore, the air curtain of the ACI prevents the release of open flames that could cause smoke and odors. 11.D.9 Packet Pg. 2248 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 9 of 12 If the proposed Conditions of Approval are accepted, the accessory ACI use that is an expansion of a horticultural recycling use should have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. The subject site is located east of the Collier County Landfill. As previously stated, the horticultural recycling facility has been in existence since 1991 and the construction and demolition recycling use since 2011. The proposed accessory ACI use should be compatible with the adjacent properties in the district. Based on the above findings, this conditional use should, with the stipulations outlined in this staff report be recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Environmental Services staff has reviewed the petition to address environmental concerns. The proposed changes do not affect any of the environmental requirements of the CU document. The existing Yahl Mulching & Recycling CU has established a conservation area of 11.73 Acres. The conservation area has been dedicated to Collier County via Conservation Easement OR 4476, Page 1448 and to the South Florida Water Management District via Conservation Easement OR 4236, Page 744. This project does not require EAC review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on January 23, 2020, at Spring Hill Suites and Fairfield Inn & Suites by Marriott, located at 3798 White Lake Boulevard, Naples, Florida. Approximately 15 residents attended the meeting along with the Agent’s team. The residents objected to the petition because of fire and smoke concerns. For further information, see the NIM Transcript contained in Attachment D-NIM Synopsis. According to information submitted by the Applicant, the Agent met with nearby residents again after the NIM and immediately took action to resolve neighborhood concerns. The storage pile on-site will be reduced in size, notices will be issued and signs will be installed to slow traffic on Washburn Avenue (a private road), the “Yahl Mulching” located on the western fence sign will be removed, and green fence screening will be installed on all of the perimeter fences. One of the actions requiring Yahl Mulching trucks to depart the subject site no sooner than 7:30 am (in order to avoid conflict with school children and school buses), and has been added to the Conditions of Approval. The adjacent family residing to the east of the subject property has a child who has respiratory and noise health issues. To mitigate for the brief period of potential smoke emission during the ACI startup period, the Agent and staff have proposed a condition of approval that the ACI will not be 11.D.9 Packet Pg. 2249 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 10 of 12 operated when the wind direction is from the west. Furthermore, a weather station and windsock shall be installed on-site to document and monitor wind direction and speed. A green sign shall be posted at the Washburn Avenue gate to indicate that the ACI is in operation, and this has been made a condition of approval. To mitigate potential noise, staff has also proposed a condition of approval that a continuous minimum 6-foot height mulch pile shall be maintained along the eastern property line where there is no conservation easement. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on March 10, 2020. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20190000948 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. If the collection and transfer site for resource recovery principal use approved in Resolution No. 11-149 should cease to exist, then the air curtain incinerator use will no longer be permitted. 2. The Conditional Use is limited to what is shown on the site plan, identified as the “Yahl Mulching & Recycling-Site Plan” prepared by Grove Engineering, dated November 2019. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Zoning Division Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 3. The Property Owner shall abide by the “Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator,” dated August 2019. See Attachment E- Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator. 4. The Property Owner shall abide by “Exhibit C Conditions of Approval for CU-PL2010-166.” See Attachment F-Exhibit C Conditions of Approval for CU-PL2010-166. 5. The ACI shall not be operated when the wind direction is from the west. A weather station and windsock shall be installed on-site to document and monitor wind direction and speed. 6. A green sign shall be posted at the Washburn Avenue gate to indicate that the ACI is in operation. 7. A continuous minimum 6-foot height mulch or topsoil pile shall be maintained along the eastern property line where there is no conservation easement. 11.D.9 Packet Pg. 2250 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 11 of 12 Attachments: Attachment A-Resolution Attachment B-Previous Resolutions Attachment C-FLUE Consistency Review Attachment D-NIM Synopsis Attachment E-Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator. Attachment F-Exhibit C Conditions of Approval for CU-PL2010-166 Attachment G-Application 11.D.9 Packet Pg. 2251 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU-PL20190000948, YAHL MULCHING AND RECYCLING June 3, 2020 Page 12 of 12 PREPARED BY: __________________________________________ ________________ NANCY GUNDLACH, AICP, PLA DATE PRINCIPAL PLANNER REVIEWED BY: ___________________________________________ ________________ RAYMOND V. BELLOWS, ZONING MANAGER DATE ZONING DIVISION-ZONING SERVICES SECTION APPROVED BY: ___________________________________________ ________________ JAMES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT 11.D.9 Packet Pg. 2252 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) [19-CPS-01936/1542846/1] 141 Yahl Mulching / PL20190000948 5/22/20 Page 1 of 2 RESOLUTION NO. 20 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 11-149 WHICH PROVIDED FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY WITHIN AN AGRICULTURAL (A) ZONING DISTRICT, AND WITHIN THE RURAL FRINGE MIXED USE DISTRICT SENDING LANDS ZONING OVERLAY AND WITHIN THE NORTH BELLE MEADE ZONING OVERLAY, PURSUANT TO SUBSECTION 2.03.01.A.1.c.12 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO ALLOW AN AIR CURTAIN INCINERATOR AS AN ACCESSORY USE TO THE COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY USE ON 3± ACRES OF THE 28.76± ACRE PROPERTY LOCATED EAST OF THE NAPLES LANDFILL, NORTH OF I-75 IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20190000948] WHEREAS, the Legislature of the State of Florida in Chapter 67–1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use to allow for the expansion of the collection and transfer site for resource recovery use in an Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.12 of the Collier County Land Development Code, to allow an air curtain incinerator as an accessory use to the collection and transfer site, on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and 11.D.9 Packet Pg. 2253 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) [19-CPS-01936/1542846/1] 141 Yahl Mulching / PL20190000948 5/22/20 Page 2 of 2 WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL20190000948 filed by Venture Yahl, LLC, with respect to the property hereinafter described in Exhibit A, be and the same is hereby approved for a Conditional Use to allow the expansion of the collection and transfer site for resource recovery use, to allow an air curtain incinerator as an accessory use to the collection and transfer site for resource recovery in the Agricultural (A) zoning district, and within the Rural Fringe Mixed Use District Sending Lands Zoning Overlay and within the North Belle Meade Zoning Overlay, pursuant to Section 2.03.01.A.1.c.12 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit B, and subject to the conditions in Exhibit C. Exhibits A, B, and C are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this ____ day of _______________, 2020. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: __________________________ By: __________________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: _________________________ HFAC Heidi Ashton-Cicko 5-22-20 Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C – Conditions of Approval 11.D.9 Packet Pg. 2254 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2255 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2256Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2257 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2258 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2259 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) [19-CPS-01936/1542939/1]152 rev. 5-22-20 Exhibit C Conditions of Approval 1. If the collection and transfer site for resource recovery principal use approved in Resolution No. 11-149 should cease to exist, then the air curtain incinerator use will no longer be permitted. 2. The Conditional Use is limited to what is shown on the site plan, identified as the “Yahl Mulching & Recycling-Site Plan” prepared by Grove Scientific & Engineering, dated November 2019. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Zoning Division Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards. 3. The Property Owner shall abide by the “Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator,” dated August 2019. See Exhibit C-1. 4. The Property Owner shall abide by “Exhibit C Conditions of Approval for CU-PL2010- 166.” See Exhibit C-2. 5. The ACI shall not be operated when the wind direction is from the west. A weather station and windsock shall be installed on-site to document and monitor wind direction and speed. 6. A green sign shall be posted at the Washburn Avenue gate to indicate that the ACI is in operation. 7. A continuous minimum 6-foot height mulch or topsoil pile shall be maintained along the eastern property line where there is no conservation easement. 11.D.9 Packet Pg. 2260 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2261 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2262 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2263 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2264 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2265 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2266 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2267 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2268 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2269 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2270 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2271 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2272 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2273 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2274 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2275 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2276 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2277 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2278 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2279 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2280 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2281 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2282 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2283Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2284 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2285 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2286 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2287 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2288 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2289 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2290 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2291 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2292 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2293 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2294 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2295 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2296 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2297 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2298 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2299 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2300Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2301Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2302 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2303 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2304 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2305 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2306 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RESOLUTION NO. 11- 149 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY WITHIN AN AGRICUL TURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.C.12 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.l.C.12 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.0. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Yahl Mulching & RecyclinglCU-PL201O-166 1 of2 Rev. 7/22/11 11.D.9 Packet Pg. 2307 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Petition Number CU-PL2010-166 filed by Gina R. Green, representing Fillmore LLC, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C". Exhibits "A", "B", and "c" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this J3~ay of 2011. ATTEST: DWIGHT Ec~a~oct;(~~}RK BY:~...'~OL, .. t e- o . ' " ,"~~-- , Approved as to foiril. ;;j). and legal sufficiency: fl~J{ kUo Ste~en Y: Wirtiams j~zJ II ASSIStant County Attorney 1 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 1. A w. f;#By: ""f'Lt4.- FRED W. COYLE, Chalrm Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions of Approval CP\ II-CPS-O I 079\27 Yahl Mulching & RecyclinglCU-PL201O-166 20f2 Rev. 7/22/11 11.D.9 Packet Pg. 2308 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; THENCE, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89058'41" EAST, A DISTANCE OF 343.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, SOUTH 89059'49" EAST, A DISTANCE OF 1029.30 FEET; THENCE SOUTH 02004'30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH 89058' 14" WEST, A DISTANCE OF 342.85 FEET; THENCE SOUTH 02005'32" EAST, A DISTANCE OF 558.99 FEET; THENCE NORTH 89057'41" WEST, A DISTANCE OF 1029.48 FEET; THENCE NORTH 02007'49" WEST, A DISTANCE OF 558.60 FEET; THENCE SOUTH 89058'27" EAST, A DISTANCE OF 343.20 FEET; THENCE NORTH 02003 '36" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1,252,915 SQUARE FEET OR 28.763 ACRES, MORE OR LESS. EXHIBIT A 11.D.9 Packet Pg. 2309 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) ih.~3-ilii$l~ 3.~I ~IDi-A ~1 ~~ ffi~r ..... .... :!_a;;l ii ~;it Hi if HH;~~iSmn~!f-:!ih iB~~ "iiU 'IlBf ~IIIIII~ ~I-i~ ~lU r'"~NiI! ~E~ ~1.';h!~P !si!~:~:~; '5iiEDI~i !~D' o.04. ...""l<o... >-t :017 ~1"'" ~I t.H~ ~.ifi! j- E ~-~ ~>. ~ oiim ~g~m h i cz uSoA. :5lw :E ~c~~~I :--z:Qvt: lH'o u z: IS.....q,IIIII'I: . ,IIijI~ ,I I w I0:: I f' I 0 i I z " I i~ ~=: i ~ u i! I Iu ~ ~ , w l;j0:: ~ II: lif 0:: I fi,J I ~ J U F 0:: 0 0. I 0....goii i'; w w w > Z ffi III 0.... , r... o.... 0, z, w ... 0....' w, fJ w, 2~ ft- ~... oC ~ te2D:'" hligi' l'II ... 10 ttl ~A. ill C:i~~ VJ ..:~~ w ... a:~ Ii; ~ o o:r a~G. 0..... o z w C) w J W Z 0..... 0....0,. z o F' 0::' w fJ Z' 0 u, i~ . 1lI~ i. 0... b.... , 0 0.... 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Ell:! .1U:;iI;I!I:~!i!~ Ii ;;: Ii: ;~.I:~!::!~I ;i,Jii! ;:=,1r11~lli'iIJ!' p"W'1i ,.1 "I~II,'I i rtM iUM:lilldllllijh:i:iIIlUI;IIL~~ f I~jii,rl!nl.~il;: 'i~ .lillil;i".:lil ; ~; lil"R~' Ii lA, Iii~fl' !~tl~r'II';!I' Iii :sli~ j; 111!1~llht~.ml.d.iIIl:lrdi~ib~;j~ II~iJr:lj.':mJilt0,.z~ ~:ZI~0,.r,0,. .0,Of , "'" ' "0,tf i , f 0,0, .1>..0,.AREA At AREA 8'r,,'. 40/ 0 i II I' 0' CON~OL [L- 5 E"sE.\lE.t<"! cE. at "eeES __ 20 L"jl.[ .....~~---- 0, 1-0" 0, Z f-"- 0 a::0" w a:: 0 0,. ;1- I LL 9<E1 f- I' 5 iE 0 0,., i 0,. OJI ~ 0,f-'Z 10 zf= 0- u d YJW Q3^ydNf1 .e;IJ~ 2i ., o 0,. o o~ o we 0 roll ~ "Nlj JNKTIIl'18 3O\'''',L5 "dOHd XY" .Sf !HOl3H '0018 J5 OOO'(R: 8NI0llns ~~J 3CJmnJ w en l;rj il 1-~ f co r- w w I: en w w en 4''''''_ f- . t5 w 2 'l- ~; 2 t: 8 . SO",,_ ir. . I " 5 ~ z~ t I.J il. i l I. "0, i . ii, i 0 . jl' " <"f It illj' 1 "0, I 1\ II i 1'1 i I II r'~ f ^,~,bJ t\, I' i i' I j' I o, Nu..Nill00,0,.I..iI:l!a0:, ::>zuoA. :5lILl :I: ~It: ~ ~.'J ~ -j ee uz .tooJE ClClS ~ ~~oo. t q,0,.0,.0, 2C')A. ~ N ee ~ te21Ii:'" O~ lL'" j IL 0 t~ ~ 51 l Q:.~~w'" eel:!. W en z o 0% a~ 1L N o N Q) C) CO Q. m m J: W G; a: w.... U~::: i~1 w a:: iE "';-UJD:: :::JO~ ai ~ ~ ~ j~~& U:Sl~ z11.D.9Packet Pg. 2311Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning CONDITIONS OF APPROVAL FOR CU-PL2010-166 1. This project shall reserve 130 feet along the southern property boundary for future road right- of-way. This future right of way reservation coincides with the current boundary recommended by the County's "WilsonlBenfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C&D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll-off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5 :00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll-off containers and the endloader shall be limited as follows: a) Dispensing of diesel fuel and oils. b) Servicing of spark plugs, batteries, distributors and distributor parts. c) Removing, remounting, balancing repair and installation of tires. Recappinglregrooving of tires and wheel alignments are not permitted. d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. f) Washing, buffing and steam cleaning. g) Servicing of fuel pumps and fuel lines. h) Minor servicing of carburetors and fuel injection systems. Page 1 of2 Rev. 7-22-1] EXHIBIT C 11.D.9 Packet Pg. 2312 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) i) Electrical wiring repairs. G) Providing repair and replacement of brake rotors, drums and pads. k) Minor motor adjustments not involving removal of the head or crankcase. 1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. m) Minor welding and minor repainting but not frame straightening or major repainting. n) The removal of engines, transmissions, rear differentials and 4-wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C&D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C&D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. Page 2 of2 Rev. 7-22-11 EXHIBIT C 11.D.9 Packet Pg. 2313 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RESOLUTION NO 02 2 6 3 7A A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 2 IN THE A ZONING DISTRICT PURSUANT TO SECTION 2223 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA WHEREAS the Legislature of the State of Florida in Chapter 671246 Laws of Florida and Chapter 125 Florida Statutes has conferred on Collier County the power to establish coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public and WHEREAS the County pursuant thereto has adopted a Land Development Code Ordinance No 91102 which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County among which is the granting of Conditional Uses and WHEREAS the Collier County Planning Commission being the duly appointed and constituted planning board for the area hereby affected has held a public hearing after notice as in said regulations made and provided and has considered the advisability of Conditional Use 2 of Section 2223 in an A Rural Agricultural Zone for a mulching and recycling facility on the property hereinafter described and has found as a matter of fact Exhibit A that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2744 of the Land Development Code for the Collier County Planning Commission and WHEREAS all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County Florida that The petition filed by William L Hoover AICP of Hoover Planning Development Inc representing Jean Yahl Yahl Mulching and Recycling Inc Washburn Realty LLC and Teresa Yahl Fillmore with respect to the property hereinafter described as Exhibit B which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use 2 of Section 2223 of the A Rural Agricultural Zonin District for a mulchin and recyclin facility in accordance with the Conceptual Master Plan Exhibit C and subject to the following conditions Exhibit D which is attached hereto and incorporated by reference herein 11.D.9 Packet Pg. 2314 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion second and majority vote Done this t day of 2002 Legal Sufficiency marjori0 M Studefit Assistant County Attorney gadminCU200022RESOLUTIONSMim BOARD OF ZONING APPEALS COLLIER COUNTY FLORIDA BY s N COLE3T C5IRMAN 11.D.9 Packet Pg. 2315 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found 1 Section 2223 of the Land Development Code authorized the conditional use 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A Consistency with the Land Development Code and Growth Management Plan Yes v No o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control and access in case of fire or catastrophe Adequate ingress egress Yes No Co Affects neighboring properties in relation to noise glare economic or odor effects No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district Compatible use within district Yes v No Based on the above findings this conditional use should with stipulations copy attached should be recommended for approval l EXHIBIT A 11.D.9 Packet Pg. 2316 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found 1 Section 2223 of the Land Development Code authorized the conditional use 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of Consistency with the L Development Code and Growth Management NoYes B Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian saety and convenience traffic flow and controlnd access in case of fire or catastrophe Adequate ingress eress Yes No C Affecteighboring properties in relation to noise glare economic or odor effects No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacnt properties property in the distri Compatible use thin district Yes t No and other Based on the above findings this conditional use should with stipulations coy attached should not be recommended for approval oATE MEMBER 11.D.9 Packet Pg. 2317 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found 1 Section 2223 of the Land Development Code authorized the conditional use 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A Consistency with the Land Development Code and Growth Management Plan Yes No B Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control and access in case of fire or catastrophe Adequate ingress gress Yes No C Affects neighboring properties in relation to noise glare economic or odor effects No affect or Affect mitigated by Affect cannot be mitigated D Compatibility with adjacent properties and other property in the district Compatible use within district Yes No Based on the above findings this conditional use should with stipulations copy attached should not be recommended for approval 11.D.9 Packet Pg. 2318 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found 1 Section 2223of the Land Development Code authorized the conditional use 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A Consistency with the Land Development Code and Growth Management P1n Yes No B Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control and access in case of fire or catastrophe Adequate ingress eess Yes No C Affects neighboring properties in relation to noise glareeconomic or odor effects No affect or Affect mitigated by v Affect cannot be mitigated D Compatibility with adjacent properties and other property in the district Compatible usethin district Yes No Based on the above findings this conditional use should with stipulatinscopy attached should not be recommended for approval 11.D.9 Packet Pg. 2319 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found Section 2223 of the Land Development Code authorized the conditional use Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of ao Consistency with the Land Development Code and Growth Management Yes No B o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control and access in case of fire or catastrophe Adequate ingress egress Yes No C o Affects neighboring properties in relation to noise glare economic or odor effects No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district Compatible use within district Yes No Based on the above findings this conditional use should with stipulations copy attached should not be recommended for approval 11.D.9 Packet Pg. 2320 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) FINDING OF FACT BY COLLIER COIINTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU200022 The following facts are found 1o Section 2223 of the Land Development Code authorized the conditional use 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A Consistency with the Land Development Code and Growth Management Plan Yes X No B Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience traffic flow and control and access in case of fire or catastrophe Adequate ingrs egress Yes No C Affects neighborin properties in relation to noise glare economic or odor effects N ffect or Affect mitigated by yAffect cannot be mitigated D Compatibility with adjacent properties and other property in the district Compatible use within district Yes 7 No Based on the above findings this conditional usshouldwith stipulations copy attached should not be recomended for approval EXHIBIT A 11.D.9 Packet Pg. 2321 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) LEGAL DESCRIPTION N 12 of NE 14 of SW 14 of SW 14 SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA AND S 12 of NE 14 of SW 14 of SW 14 SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA AND E 12 of NW 14 of SW 14 of SW 14 SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA AND w of sw of sw SEClTO 5vlWNSHIP49 SOUTH RANGE 27 EAST CQ ltjlFLORIDA AND 12 of SW 14 of SW 14 of SW 14 SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA AND W 12 of SE LESS THE NORTH 50 of the SOUTH 100 of W 12 of SE 14 of SW 14 of SW 14 SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA CU200022 EXHIBIT B 11.D.9 Packet Pg. 2322 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Z 11.D.9Packet Pg. 2323Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning CONDITIONS OF APPROVAL CU200022 This approval is conditioned upon the following stipulations The property owner shall maintain a dumpster on site to properly dispose of solid waste The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used offsite There shall be no permanent storage of solid waste on site The portions of Crawford Avenue from its intersection with Landfill Road and Washburn Avenue to the subject sites driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface 3 The tub ghnder shall not be operated within 150 feet of any property line 4 The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten 10 feet 5 During maintenance or cleaning the tub grinder shall only be operated with a tub cover in place 6 There shall be a maximum of nineteen 19 dump trucks and fiftysix containers stored on site o The tub grinder shall only be operated maintained or cleaned between the hours of 800 amand 500 pm Monday through Friday and shall not operated on days classified as legal holidays in the Florida Statutes Onsite diesel fuel storage shall not exceed 500 gallons Onsite gasoline storagetanksarenotpermittedGasolinestoragecontainersuptofive5gallonsinsize are permitted for the fueling of equipment utilized in yard maintenance 9 Maintenance and repair services to dump trucks rolloffcontainers and the end loader shall be limited as follows a Dispensing of diesel fuel and oils b Servicing of spark plugs batteries distributors and distributor parts c Removing remounting balancing repair and installations of tires The recappingregrooving of tires and wheel alignments are not permitted EXHIBIT D PAGE 1 OF 2 11.D.9 Packet Pg. 2324 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 11 12 13 14 15 16 d Replacement of water hoses fan belts brake fluid light bulbs fuses wiper blades grease retainers wheel bearing shock absorbers mirrors exhaust systems and similar items e Provision of water antifreeze flushing of the cooling system and air conditioning system recharge f Washing buffing and steam cleaning g Servicing of fuel pumps and fuel lines h Minor servicing of carburetors and fuel injections systems i Electrical wiring repairs j Providing repair and replacement of brake rotors drums and pads k Minor motor adjustments not involving removal of the head or crankcase 1 Lubrication engine oil changes transmission oil changes and oilair filter changes m Minor welding and minor repainting but not frame straightening or major repainting n The removal of engines transmissions rear differentials and fourwheel drive units shall not be permitted The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the onsite sprinkler system in order to reduce dust There shall be no other machinery or equipment stored onsite which is unrelated to the horticultural mulching operation and not used in the daily operation of the business The tub grinder will be equipped and operated with deflectors to minimize flyingdebris An Environmental Resource Permit or a Surface Water Management Permit from SFWMD must be obtained prior to any construction approvals being granted Prior to construction approvals being granted this project must be reviewed and approved by Collier county Stormwater Management Department as it relates to any impacts on the Henderson Creek Branch Canal as will as any offsite flows coming through the projectssite Pursuant to Section 222581 of the Land Development Code if during the course of site clearing excavation or other construction activity an historic or archaeological artifact is found all development within the minimum area PAGE 2 OF 2 11.D.9 Packet Pg. 2325 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted Permits from the South Florida Water Management District and US Army Corps ofEngineers shall be presented prior to final site planconstructionplan approval 17 Petitioner shall comply with the guidelines and recommendations of the US Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species onsite A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to final site planconstructionplan approval PAGE3 OF 2 11.D.9 Packet Pg. 2326 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17E J RESOLUTION 2000 54 A RESOLUTION SUPERSEDING RESOLUTION 99 399 AND PROVIDING FOR THE ESTABLISHMENT OF A SAWMILL CONDITIONAL USE 2 IN THE An ZONING DISTRICT PURSUANT TO SECTION 2 2 2 3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA WHEREAS the Legislature of the State of Florida in Chapter 67 1246 Laws of Florida and Chapter 125 Florida Statutes has conferred on Collier County the power to establish coordinate and enforce zoning 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 includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County among which is the granting of Conditional Uses and WHEREAS the Collier County Planning Commission being the duly appointed and constituted planning board for the area hereby affected has held a public hearing after notice as in said regulations made and provided and has considered the advisability of Conditional Use 2 of Section 2 2 23 in an An Rural Agricultural Zone for a sawmill on the property hereinafter described and has found as a matter of fact Exhibit A that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2 74 4 of the Land Development Code for the Collier County Planning Commission and WHEREAS this Resolution supersedes Resolution 99 399 previously granting conditional use approval and WHEREAS all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County Florida that The petition filed by William Hoover AlCP of Hoover Planning representing Richard and Jean Yahl and Teresa Yahl Fillmore with respect to the property hereinafter described as Exhibit B which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use 2 of Section 2 2 2 3 of the A Rural Agricultural Zoning District for a sawmill in accordance with the Conceptual Master Plan Exhibit C and subject to the following conditions 1 11.D.9 Packet Pg. 2327 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17E Exhibit D which is attached hereto and incorporated by reference herein BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion second and majority vote Done this a b day of fl1 2000 BOARD OF ZONING APPEALS COLLIER WUNTY FLORIDA fyj TANTINE CHAIRMAN ATTEST DWIGHT E BR09K Clerk tt to I b AIiJi U t8 and Legal Sufficiency l 1fj Assistant County Attorney g admin RESOLUTION CU 99 33SM ts 2 o 11.D.9 Packet Pg. 2328 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR TOP 53CU2 The following facts are found 1 Section 2 2 2 3 1 of the Land Development Code authorizedtheconditionaluse 2 Granting the conditional use will not adversely affect thepublicinterestandwillnotadverselyaffectotherpropertyorusesinthesamedistrictorneighborhoodbecauseof A Consistency with the Land Development Code and GrowthManagementPlan Yes No B Ingress and egress to property and proposed structuresthereonwithparticularreferencetoautomotiveandpedestriansafetyandconveniencetrafficflowandcontrolandaccessincaseoffireorcatastropheAdequateingresegress Yes V No C Affects neighboring properties in relation to noiseglareconomicorodoreffectsvNoaffectorAffectmitigatedbyAffectcannotbemitigated D Comp tibility with adjacent properties and other property in the district Compatible use wit istrict Yes No Based on the above findings this conditional use should withstipulationscopyattachedshouldberecommendedforapproval DATE t7 e f FINDING OP PACT CHAIRMAN Exhibit A 11.D.9 Packet Pg. 2329 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CU 99 33 17EExhibitR N 1 2 of NE 1 4 of SW 1 4 of SW 1 4SEION31TOWNSHIP49SOUTHRANGE 27 EAStCOERCOUNlYFlORIDAqf 2 of NE 1 4 of SW 1 4 of SW 1 4SEON31TOWNSHIP49SOUTHRANGE 27 EASTCOCOUN1YtA NOf3 TJ s fp 9 1ri s N 4 27CottiERCOUNTY1QIiIDA 11.D.9 Packet Pg. 2330 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RICH TERESA Y AHL 2 YNL CteiIQ a CONllmONAL uCVClla lifASTIa PUN Exhibit c c U 99 33IIltIiiIIrsriJi1IIJIIifIJI cu t tjJ I I I i I IIII r I I Ij 1 If I I I JrII ti I I J J if j i I I i I IIifIfIJ IIIIfII I J I I I I rl i J II Ifjfafa J J Stltl i i i 11 11.D.9Packet Pg. 2331Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 17E Exhibit D 1 The property owner shall maintain a dumpster on site to properly dispose of solid wasteTheonlywasteproductspermittedtobestoredonsiteshallbehorticulturalwastewaitingtobegroundintomulchorotherwiseusedoffsiteThereshallbenopermanentstorageofsolidwasteonsite 2 The tub grinder shall not be operated within 150 feet of any property line 3 The maximum height of piles for mulch and horticultural waste waiting to be processedorremovedfromsiteshallbeten10feet 4 During maintenance or cleaning the tub grinder shall only be operated with a tub coverinplace 5 There shall be a maximum of twenty 20 dump trucks and forty five 45 roll offcontainersstoredonsite 6 The tub grinder shall only be operated maintained or cleaned between the hours of 8 00amto500pmMondaythroughFridayandshallnotoperateondaysclassifiedasholidaysforCollierCountyemployeesaswellasColumbusDay 7 On site diesel fuel storage shall not exceed 500 gallons On site gasoline storage tanksarenotpermittedGasolinestoragecontainersuptofive5gallonsinsizearepermittedforyardworketc 8 Maintenance and repair services to dump trucks roll off containers and the endloadershallbelimitedasfollows a Dispensing of diesel fuel and oils b Servicing of spark plugs batteries distributors and distributor partscRemovingremountingbalancingrepairandinstallationoftiresRecappinglregroovingoftiresandwheelalignmentsarenotpermitteddReplacementofwaterhosesfanbeltsbrakefluidlightbulbsfuses wiper bladesgreaseretainerswheelbearingsshockabsorbersmirrorsexhaustsystemsandsimilaritems e Provision ofwater antifreeze flushing ofthe cooling system and air conditionrecharge f Washing buffing and steam cleaning g Servicing offuel pumps and fuel lines h Minor servicing of carburetors and fuel injection systemsiElectricalwiringrepairs j Providing repair and replacement ofbrake rotors drums and pads 11.D.9 Packet Pg. 2332 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17E k Minor motor adjustments not involving removal of the head or crankcase1Lubricationengineoilchangestransmissionoilchangesandoilairfilter changesmMinorweldingandminorrepaintingbutnotframestraighteningormajorrepaintingnTheremovalofengineerstransmissionsreardifferentialsand4wheeldriveunitsshallnotbepermitted 9 The tub grinder shall be equipped with a dust suppression system which shall beoperatingatalltimesthetubgrinderisoperatingforthepurposesofgrindinghorticulturalwaste 10 The stockpiled horticultural waste and piles of mulch shall be periodically watered downonadailybasisbytheonsitesprinklersysteminordertoreducedust 11 There shall be no other machinery or equipment stored on site which is unrelated to thehorticulturalmulchingoperationandnotusedinthedailyoperationofthebusiness 12 The tub grinder will be equipped and operated with deflectors to minimize flying debris 13 The Planning Services Department Director may approve minor changes in the locationoftheusewithinthebuildingorstructuresandimprovementsauthorizedbytheconditionaluseExpansionoftheusesidentifiedandapprovedwithinthisconditional use application or major changes to the site plan submitted as part ofthis applicationshallrequirethesubmittalofanewconditionaluseapplicationandshallcomplywith allapplicableCountyordinancesineffectatthetimeofsubmittalincludingDivision33SiteDevelopmentPlanReviewandapprovaloftheCollierCountyLandDevelopmentCodeOrdinanceNo91102 14 An appropriate portion of the native vegetation shall be retained on site as required inSection39554oftheCollierCountyLandDevelopmentCodeasamended IS An exotic vegetation removal monitoring and maintenance exotic free plan for the siteshallbesubmittedtoCurrentPlanningenvironmentalstaffforreviewandapprovalpriortofinalsiteplanconstructionplanapproval 16 Permits or letters of exemption from the U S Army Corps ofEngineers ACOE and theSouthFloridaWaterManagementDistrictSFWMDshallbepresentedpriortofinalsiteplanconstructionplanapproval 17 If during the course of site clearing excavation or other construction activity an historicorarchaeologicalartifactorotherindicatorisfoundalldevelopmentwithintheminimumareanecessarytoprotectthediscoveryshallbeimmediatelystoppedandtheCollierCountyCodeEnforcementDepartmentcontacted 11.D.9 Packet Pg. 2333 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17E 18 The existing natural native vegetative buffer along the southern boundary of thesoutheastern5acresofthesiteshallberetainedasitcurrentlyexiststonolessthanaminimumwidthofthetwenty20feetThisvegetationpreservationrequirementshallbeoverandabovetheminimumnativevegetationrequirementsofSection39554oftheLandDevelopmentCodeandshallbemaintainedforthelifeoftheproject 19 The existing six 6 foot high opaque fence and existing landscape trees planted 25 feetoncenteradjacenttothenorthernfive5acresnorthernandeasternpropertyboundaryshallbecontinuedalongthesouthernfive5acreseasternandthewesternfive5acreswesternandnorthernpropertyboundaries 20 There shall be a maximum of 60 dump truck trips per day and 90 medium duty trucktripspermittedperdaytoandfromthesite 21 Primary access to the site for heavy trucks those trucks with three 3 or more axlesshallbefromtheSouthwesterndrivewayentranceThedrivewayentranceslocatedoff ofWashburnAvenueshallbeutilizedassecondaryaccesspointsprimarilyforemployeespersonalvehiclesandaccesstothecaretakersresidenceandadministrativeoffice 11.D.9 Packet Pg. 2334 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RESOLUTION A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SAWMILLS (MULCHING AND HORTICULTURAL . .'''' RECYCLING), CONDITIONAL USE "2" IN THE "A" ,., .,;',f ZONING DISTRICT PURSUANT TO SECTION 2.2.2. 3~~Ht . OF THE COLLIER COUNTY LAND DEVELOPMENT CODE' FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP ::,: 49 SOUTH, RANGE 27 EAST, COLLI ER COUNTY, ';,1.' :p:'\'i' FLORIDA. ..... ;,';' "q~i::;tC: t.,!:"):'i~{~;" 1HEREAS, the Legislature of the State of Florida inChapte 67-12~6, Laws of Florida, and Chapter conferred on Collier County the power to establish, enforce zoning and such business regulations as are protection of the public; and WHEREAS, the County pursuant thereto has Development Code (Ordinance No. 91-102) which Comprehensive Zoning zoning of particular is the granting of Conditional USp.s; and WHEREAS, the Collier County Planning Commission, appointed and constituted affected, has held a regulations made and provided, and has Conditional Use "2" of Section 2.2.2.3 in mulching and horticultural recycling) on described, and has found as satisfactory provision and arrangement have been applicable matters required by said regulations and with Subsection 2.7.4.4 of the Land Development Code County Planning Commission: and WHEREAS, all interested parties have been given be heard by this Board in a public meeting assembled having considered all matters presented.,~ t : NOW, THEREFORE BE IT RESOLVED, Collier County, Florida that: 1- } 11.D.9 Packet Pg. 2335 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) The petition filed by William Shoppe and Beau with respect to be and the same is hereby approved i ',.;' - " 2.2.2.3 of the "A" zoning district for horticultural recycling) in accordance Plan (Exhibit "C") and subject to the B~ IT FURTHER RESOLVED that this Resolution be minutes of this Board. This Resolution adopted after Done thLs O?~day of I' ATTEST: DWIGHT E. BROCK,~Clerk 1:.U~ -...;.~ e. Approved as 'to Form and Legal Sufficiency: A ~.. u:.. ir}1 \/fh Nt tui;, Mar~rie M. Student ssistant County Attorney ttCU-97-24 ~E~OLUTfOH 11.D.9 Packet Pg. 2336 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2337 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) r;"I_,;. i.;l,~. i\ 1: t;'., 0' < Legal Description of Subject Property 11.D.9 Packet Pg. 2338 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) fi'l'~ 8 Ii d. ~ Ii Hi ~ fl 'i~ ~111111 nlCII ~ Tf.Ht:SA Y"IlL V}JI. IU.c.-.a I AECVClMQ t CONDIT10HAL un: WASTER rUN t~; r:f I: st tstI~ f JIIII · IIIi . i j: I 1 '. .'. ... I .'. II I i\ . ~. ~. '~~i11"M"':........,., ..7 ' ~ I till Ii ......................;.:.:.:.:.:.:.:.:" I' ~ 1 :::::::~:::::::::~~:::.:.~~:.:.~;j ~ II I I. 1fl' .... .. .... .... -,s....,... ~,'...'. '.~' t f...,. ..... 41'. m. t :: ::::::::.::::::::::~:::.:.:.:. .:':.: fl' I f""'" .. ................. ,I. ~~, J"""" '.).' ..... .~. .... .'. '.,', 41 ~. I I." . 11.;.~.;}t;: pi II!,' i I :-:. j:~:~:::'::: 'II I tt..,. I I i I I ffif}( .:: I I i I J I I I I I I' .:.:.:<:~:~ 1 ' Ill!1. 1 Ii: <1 rtft I · f I :I!~!jrm:;:;:' ~ II! .. II!~:I~ I I I Ii," ! I II:I I II ·I I Exh1b1 t c ,.Ihulj UnnIi I: Iii; I I 11I'. ._,. IE x *~t, '" Z 8 M I I II I t'.:~ .:.\..11.D.9Packet Pg. 2339Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning J. 2. 3. The tub grinder shall not be operated within 150 feet of any property Jin;.~~:,~";~ l~' :~?rL!:t~,\.~~j~ ...:~..' ~ f'l' 4. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (J 0) feet. S. During maintenance or cleaning, the tub grinder shall only be operated with a tub 'cover , in place. 6, There shall be a maximum of fifteen (15) dump trucks and forty-five (45) roJl-o containers stored on site. , . 7. The tub grinder shall only be operated, maintained or cleaned between the hours or8: a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as.:": holidays for Collier County employees as well as Columbus Day. ,'\t:i. 8. On-site diesel fuel storage shall not exceed 500 gaJJons. On-site gasoline storage tanks are not pennittcd. Gasoline storage containers up to five (5) gaIJons in size are pennittforyardworketc. ..'> i,'3;".".,:~~:i 4i~;.;~t~~l' 9. Maintenance and repair services to dump trucks, rolJ-ofTconwners and the endloader' shall be limited as follows. 11.D.9 Packet Pg. 2340 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2341 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) ‒ 1 ‒ Growth Management Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Nancy Gundlach, AICP, Principal Planner, Zoning Services Section From: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Date: January 9, 2020 Subject: Future Land Use Element (FLUE) Consistency Review of Proposed Conditional Use Modification PETITION NUMBER: PL20190000948 [REV: 1] PETITION NAME: Yahl Mulching & Recycling Conditional Use (CU) Modification REQUEST: To modify a Conditional Use (CU) CU-PL2010-166 for to allow addition of an Air Curtain Incinerator (ACI) for disposal of yard waste (trees & clean lumber/wood but not pressure treated lumber). LOCATION: The subject property contains ±28.7 acres located south and east of Washburn Avenue, and east of the Naples Landfill. The property has approximately 1,029 feet of frontage on an east- west segment of Washburn Avenue and approximately 1,217 feet of frontage on a meandering, north-south segment of Washburn Avenue, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See aerial and zoning maps below) Proposed CU Project Site Proposed CU Project Site 11.D.9 Packet Pg. 2342 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) ‒ 2 ‒ COMPREHENSIVE PLANNING COMMENTS: The subject property’s FLUM designation is RFMUD Sending Lands, as depicted on the Future Land Use Map in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Application materials describe the site as “partially cleared and improved” with “existing mulching and recycling facilities”. The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the “Mulching and Recycling Facility”. County records indicate zoning activity as early as 1991, when a Provisional Use for a “Sawmill” was granted, plus a series of Conditional Uses, beginning in 1998, when the “Sawmill (Mulching and Horticultural Recycling)” use was approved. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single-family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non-residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. The GMP provisions for Sending Lands’ Conditional Uses are found [in part] on page 77 of the FLUE as: 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal. (underlining added for emphasis) Obtained Conditional Uses in 2010 for recycling construction and demolition materials on the property in the A, Rural Agricultural zoning district and a Conditional Use for recycling horticultural materials. FLUE Policy 5.6 requires new development to be compatible with, and complementary to, surrounding land uses, as set forth in the Land Development Code. Comprehensive Planning staff leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. However, the compatibility analysis is encouraged to be comprehensive and include a review of both the subject property and surrounding or nearby properties regarding allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), 11.D.9 Packet Pg. 2343 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) ‒ 3 ‒ building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The County recognizes Smart Growth policies and practices in its consideration of future land use arrangements and choice-making options. FLUE Objective 7 and Policies 7.1 through 7.4 promote Smart Growth policies for new development and redevelopment projects pertaining to access, interconnections, open space, and walkable communities. Given the nature of this petition and the minor changes proposed (no changes in uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. CONCLUSIONS: Based upon the above analysis, this proposed Conditional Use modification may not be deemed consistent with the FLUE. However, the petition may be deemed consistent if and when the companion small-scale GMP amendment petition (PL20190001052/CPSS-2019-7) is adopted and goes into effect (which proposes to amend the Sending Lands text stated above to specifically allow air curtain incineration). The Conditional Use amendment Resolution needs to provide for the effective date consistent with the effective date of the companion small-scale GMP amendment petition. Informational Comments: 1. This petition may only be deemed consistent with the FLUE if the companion small-scale GMP amendment petition (PL20190001052/CPSS-2019-7) is adopted and goes into effect. 2. The Conditional Use amendment Resolution needs to provide for an effective date to be linked to the effective date of the companion small-scale GMP amendment petition. PETITION ON CITYVIEW cc: Ray Bellows, Zoning Manager, Zoning Services Section David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section G: Comp\Consistency Reviews\2019 \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Consistency Reviews\2020\CU\CU-PL2019-948 Yahl CU Mods R1.2_FNL.docx 11.D.9 Packet Pg. 2344 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com February 20, 2020 Ms. Nancy Gundlach, Principal Planner Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Neighbor Requested Conditions and Additional Information Conditional Use Modification Application-CU-PL2010-166, GMPA Yahl Mulching & Recycling, Inc., PL#PL2019000948/PL20190001052 2250 Washburn Ave. Naples, Fl 34117 Dear Ms. Gundlach: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this overview of the results of the Neighborhood Information Meeting (NIM), and subsequent one-on- one neighbor meetings. These meetings were in an effort to develop added conditions of approval to respond to neighbor concerns and applicant’s actions to improve the proposed development of an air curtain incinerator (ACI) on a 3 acre area of the northeastern part of the 28 acre site. Our PowerPoint presentation, video and sign in sheet for the NIM has previously been submitted to you. NIM Comments and Concerns-January 30, 2020. The following list of neighbor comments and concerns that were expressed at the NIM held on this date, based upon the recorded video and transcribed record: 1. Smelling smoke from the ACI and air quality impacts; 2. Current visual impacts of the construction and demolition (C&D) pile, visible from Washburn Ave.; 3. Control burns and accidental fires have threatened the neighborhood in the past, concerned about ACI increasing fire threat; 4. Concerned that there will be poor training and lack of Environmental Agency enforcement, potential to burn other wastes; 5. Did not like wood grinding that has been done in the past on the site, created dust problems; 6. Noise impacts concerns from the ACI engine and fan; 7. ACI smoke air quality impacts; 8. Washburn Ave. is dangerous, trucks speed, and go wide on sharp curves; 9. Added sprinklers along north and east sides good to prevent fire ashes from going off site; 10. ACI is good for hurricane waste disposal; used on 1-75 median; 11. Interested in info on other ACI locations in Florida; 12. Wanted to be noticed when ACI was burning; 13. Concerned about ash disposal, cooling down period; 14. Asked if ACI could be moved to another parcel off site to the south. One-On-One Neighbor Meetings Jeff Ekiss, Manager, Yahl Mulching & Recycling (Yahl), has been conducting one-on-one neighbor meetings for the last 3 weeks since the NIM. The following is an overview of those meetings and additional information sent to them: • Pat & Kathy Landcaster- Neighbors with 100 yards of the property met on 2/10/20, have no issue with the ACI. 11.D.9 Packet Pg. 2345 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 4 • Anthony Medina, close neighbor, - Has no issue with what we are doing. • Russel, directly to north of the site, has no issue 2/10/2020. • Frank & Kelly Yahl- Could not be reached on Friday. Went twice to the location, left business card on 5th wheel trailer where they are living at. Sent information (Air Curtain Burners Explained, Air Burners, Inc., see attached) by mail. • Saloardo Martinez- no issue when we spoke last. • Tracy & Gretchen MacDonald- Sent Air Curtain burner info by email. markleymac@aol.com • Jim Snellgrose- 1925 Irish Ave (Has not been contacted yet lives 1.5 miles from Yahl Mulching & Recycling) ACI info was mailed to this address. • Justin Liddle 1905 Irish Ave (Has not been contacted yet lives 1.5 miles from Yahl Mulching & Recycling). ACI .info was mailed to this address. • Nicole Soubelet/Richard Soubelet/ Richardo Soubelet-have not been able to get in touch with them on Friday. (Dr. Richard Soubelet) ACI .info mailed to this address. • Bill Ragan- Was not able to get ahold of on Friday. ACI info mailed to this address. • John Nebus- was not able to get ahold of on Friday....sent an email, no response. No address to mail to. • Met with Shannon Crawford on 2/10/20 (approx. 600 feet to northeast), she would like-: 1)Wants to see the C&D pile reduced. 2)Wants the Yahl Mulching & Recycling sign on west fence taken down. 3) Wants signs put up that say "Slow Down" on Washburn (which we are in the process of doing) 4) Inform people to slow down. (Customers of Yahl) 5) Not allow people to use the back exit gate to leave the property. • Mr. Martinez- stopped by Thursday with a family to talk about the ACI- Was only interested in selling Yahl Mulching and Recycling 50 acres of property. • Frank & Kelly Yahl- Could not be reach on Friday. Went twice to the location, left business card on 5th wheel trailer where they are living at. • Tracy & Gretchen MacDonald- Tracy is stopping by today to pick up ACI information and ask questions. (Lives more than 1,000 feet from the location, never got a mailer from the list) Yahl Mulching Actions in Response to Neighbor Concerns and Added Conditions of Approval Air Quality Yahl Mulching and Recycling are allowed to operate large wood grinders to create mulch, with no restrictions under their currently approved zoning and conditional use permits. Yahl views the ACI as an improvement to local air quality over the grinder operation. This is supported by the attached Air Burners brochure, that shows that particulate matter generation of ACIs is 25% of a grinder, and less 11.D.9 Packet Pg. 2346 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 3 of 4 that 1% of open burning. Smoke (less that 35% opacity) is only released from an ACI during a brief fire starting period, and small puffs during wood loading during full burning times. A link to a video from Air Burners is attached to show the very clean, heat only release from an operating ACI. Click here to view video. The prevailing wind at the Yahl site, and in Naples area, is from the East-Southeast, see attached wind rose from Naples airport NOAA station. Therefore, what little smoke that will be generated from the ACI will primarily flow to the west, northwest, toward the Naples landfill, and not north or east, toward the residential properties. Dr. Richard Soubelet, who lives approximately 1000 feet east of the site, has sent into the record a complaint in opposition, stating that his daughters’ respiratory health problems will be affected by the ACI smoke. To address his concern. Yahl has agreed to not operate the ACI when the wind is from a western direction, i.e., blowing to the east, towards Dr. Soubelet’s property. This action will be controlled using a weather station that will be installed on the site, in addition to a wind sock to guide the ACI operator’s daily decisions. The following actions are immediately being taken by Yahl to address neighbor concerns : 1. Reduce the C&D storage pile by using a new 1800 Power Screen that will significantly increase recycling production, and allow significant C&D pile size reduction. 2. Install “slow down” signs at the sharp curves along Washburn Ave. 3. Notice all customers that trucks are required to go slow on Washburn Ave.;’ 4. Yahl collection trucks will not leave site before 7:30 a.m., after the school buses have picked up; 5. Remove Yahl Mulching sign on western fence; 6. Install green fence screening on all perimeter fencing. Fire Prevention ACIs have proven to be a very safe way of incinerating clean wood. The burning within an ACI is controlled within a fire-proof container, with a high velocity air stream containing ashes and cinders within the burn box. Again, smoke, and small amounts of particulates are released only during startup and loading. Florida Forest Service (FFS) and FDEP strict regulations on ACIs are focused on fire prevention. Yahl will have to comply with these regulations, during initial testing, and ongoing operations. Attached is Yahl’s extensive Operations Plan for the ACI, with pages 7 thru 14 dealing with fire prevention and control. All Yahl ACI Operators will be required to the trained by Air Burners, manufacturer, and by Yahl Managers, to properly operate the ACI to prevent smoke and fires. Jeff Ekiss, Site Manager, will be certified as an ACI Operator within the next 2-3 weeks. ACI operator, and fire prevention training will be ongoing for all operators. Records will be maintained of this training. Yahl will be required to call the FFS each day to get the ok prior to burning, to ensure that drought or high wind conditions do not prohibit burning that day. Only vegetative debris, and clean wood can be burned in the ACI. ACI ash must be totally cooled for removal into compost pile each morning. The site has many existing fire prevention systems: a 500-gallon water truck, with fire pump; fire extinguishers on all equipment; front-end loaders and soil piles to smother any fire; a 16-inch fire water 11.D.9 Packet Pg. 2347 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 4 of 4 supply well; 2-inch standpipes and sprinkler systems adjacent to wood recycling area, and the proposed ACI. Yahl is open to adding additional sprinklers along the northern and eastern corner of the site, to further prevent dust or ashes from going of-site Noise The operation of the ACI engine and fan will not violate the Collier County Noise ordinance limits for agricultural areas of 75 dB off site, and of 60 dB in residential areas. Attached are Air Burner’s noise testing results from a similar ACI, that show that at a distance of about 100 feet, the closest the ACI will be to the Yahl property line, the noise level will be about 70 dB, or below the 76 dB noise limit in agricultural areas. The closest home is more than 400 feet from the proposed ACI location, so the estimated noise will be far below the 60 dB residential maximum. Truck Traffic Truck traffic at the Yahl facility will not increase from the proposed ACI installation. On the contrary, currently Yahl must use transfer trucks to transport excess yard waste to the landfill. Once the ACI is in operation, this excess yard waste will be disposed of on site, thus removing the transfer trucks from Collier County roadways. Voluntary Conditions of Approval Offered by the Applicant: 1. Yahl will copy Collier County staff on all ACI permits, testing, and annual reports; 2. Prohibit ACI burning during a west wind direction 3. Install a weather station and wind sock on site to document and monitor wind direction and speed; 4. Install a type “C” vegetative buffer along the northern and eastern boundaries of the 3-acre Horticultural Recycling area (see attached revised Site Plan); 5. Signal daily, with a green sign at Washburn Ave. gate, that the ACI is in operation; 6. Offer use of the ACI to Collier County during hurricane clean up. We will continue to meet with and listen to the neighbors, and working with County staff thru the hearing process. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Commissioner McDaniel, Collier Co. Attachments 11.D.9 Packet Pg. 2348 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) AIR CURTAIN BURNERS EXPLAINED Air Burners, Inc. 4390 Cargo Way Palm City, Florida 772‐220‐7303 www.AirBurners.com 11.D.9 Packet Pg. 2349 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 1.0 INTRODUCTION PAGE 3 What is the purpose Why use these machines 2.0 AIR CURTAIN PRINCIPLE PAGE 5 How does the Air Curtain work 3.0 AIR BURNERS EMISSION DATA PAGE 6 Regulatory concerns Emissions data from a variety of tests 4.0 COMPARING TO GRINDERS PAGE 8 What is the total emissions difference PM CO2 NOX 5.0 BIOMASS POWER GENERATION PAGE 13 A revoluƟonary design for Biomass Power 6.0 METHODS OF REGULATION PAGE 14 7.0 SUPPORTING DOCUMENTS AND REFERENCES PAGE 15 TABLE OF CONTENTS © 2018 Air Burners, Inc. All Rights Reserved Rev A v4.0 11.D.9 Packet Pg. 2350 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 This brochure is a comprehensive document concerning Air Curtain Burners designed primarily for our regulatory and environmental communiƟes to help in understanding the principles, use and benefits of air curtain machines. Air Curtain Burners are machines designed as an environmentally friendly alternaƟve to open burning or grinding of wood and other vegetaƟve waste. The purpose of an Air Curtain Burner is to eliminate waste and, in the case of our PGFireBox® to generate electricity from that waste. Air Burners, Inc. is the original designer and the leading manufacturer of air curtain machines. We have been building and shipping these machines around the globe for over 20 years. This brochure will give you an overview of the principles behind the Air Curtain machine, the benefits of using Air Curtain machines and the environmental benefits of Air Curtains. Why Air Curtain Burners? As most environmentally concerned people know, ParƟculate MaƩer, very small airborne parƟcles (including Black Carbon and other dust aerosols) is one of the most significant components of climate change. Most of the scienƟfic community now consider PM/Black Carbon the number two concern behind CO2. (see www.StopBlackCarbon.com for more detailed informaƟon) ParƟculate MaƩer has risen in aƩenƟon for three reasons: 1) The effect on our health ‐ these small parƟcles (PM2.5) are not stopped by our body’s natural defenses. 2) PM can be a component (VOC) of ground level ozone especially from wood grinding or wood smoke. 3) PM is a major contributor to climate change (BC). But the good news is that of all the climate change contributors, these suspended parƟcles are the ones we can correct the quickest. Compared to CO2 and other greenhouse gases that have an atmospheric life of 50 to 100 years, PM/Black Carbon’s life span seldom exceeds 1 year. While some PM occurs naturally from dust storms, wildfires and volcanoes; the vast majority originaƟng from our urban areas is manmade, but there are ways to combat it. In this document we are focused on the emissions generated by the way we as a world community eliminate our vegetaƟve waste because vegetaƟve waste comprises approximately 20 percent of the World’s waste. (Climate InsƟtute/USEPA) and open burning of these types of wastes account for over 40 percent of the PM/Black Carbon in our atmosphere (Climate InsƟtute/USEPA). It is the “easiest” fix we have in front of us to combat climate change. Air Curtain Burners are the only machines available today in the green waste market that were designed specifically to eliminate PM/Black Carbon. 1.0 INTRODUCTION 11.D.9 Packet Pg. 2351 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 Where does our Green Waste Go? Today, the most common method of handling our green waste is to grind the material and haul it to a landfill. The process of grinding wood and other vegetaƟve waste is one of the worst contributors to climate change with large releases of non‐biogenic CO2, Black Carbon and NOx. Grinding is a “process” it is not an “end soluƟon.” Open burning, landfill and Air Curtain Burners are all “end soluƟons,” and of those end soluƟons Air Curtain Burners have the lowest impact on the environment. To help provide prospecƟve with these emissions we have included a comparison of emissions between Air Curtain Burners and the typical Grinding/ hauling operaƟon beginning in secƟon 3.0 of this document. ComposƟng and Mulch You may be familiar with potenƟal usage for ground vegetaƟve waste, commonly known as mulch, for gardens. The markets for these materials is very limited. In wildfire prone areas spreading mulch is inviƟng disaster. Most home owners do not want mixes of vegetaƟve waste going on their gardens. This type of mulch oŌen contains fungi, invasive species, and bug larvae. Piling these grindings at our local landfill is an environmental disaster waiƟng to happen. Methane outgassing is one of the most significant climate change factors, the leachate run‐off is reaching our underground water and the spontaneous combusƟon risk is very high. ComposƟng on the other hand, can support our agricultural community. CommuniƟes that do not have a significant agricultural presence will have a difficult Ɵme finding uses for the compost. Making the compost requires mulƟple grindings, then mulƟple windrow turns and handling. All of these processes result in significant environmental impacts: methane producƟon, VOC, NOx and ParƟculate MaƩer. We have far too much green waste to turn it all into mulch or compost. Biomass Power Biomass power generaƟon is the best hope for vegetaƟve waste. Our green waste is a renewable fuel source. We should be extracƟng the energy to support our world’s energy needs rather than wasƟng energy to make products that have very limited use. If local communiƟes begin adopƟng biomass power generaƟon on smaller scale, like 1 megawaƩ and less, as a means to eliminate their green waste we would accomplish four important goals; 1) we would reduce emissions 2) we would generate low cost energy, 3) we would support a more secure electrical grid with “distributed power” and 4) we would eliminate our green waste. At Air Burners we have developed the most environmentally friendly and cost effecƟve biomass power generaƟng staƟon available today, the PGFireBox®. Our system is available in three power ranges 100kW, 500kW and 1000kW. See www.PGFireBox.com for more informaƟon. Economics Another reason for using an Air Curtain machine is economics. They are the most cost effecƟve “end soluƟon” for wood and vegetaƟve waste. In these Ɵmes of difficult municipal budgets, communiƟes can benefit by reducing their load on the local landfills and at the same Ɵme take one more step forward in the baƩle on climate change. There is not a lower cost method of disposal for wood and vegetaƟve waste. Plus, our machines make energy, the other disposal methods waste energy. The following secƟons will provide you more details on the machines, emissions data and the federal regulaƟons. You can find addiƟon resources at www.AirBurners.com or by calling our offices. Compost site out‐gassing 11.D.9 Packet Pg. 2352 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 OperaƟon You can see in the picture to the right two standard Air Burners FireBoxes completely full and burning while in the background a pile of wood is open burned. This is a photograph taken by BC Hydro in Canada at one of their hy‐ dro‐electric dams. You can see the heavy parƟculate release which is typi‐ cal from the open burning. The wood pile that is open burning con‐ Ɵnued to burn for several days with that parƟculate release conƟnuing 24 hours a day. That open burning pile could have been eliminated with the FireBox in less than 1 hour with significantly less impact on the environment. Principle The purpose of the air curtain is to stall or slow down the smoke parƟcles on their way out of the FireBox. In doing this the parƟcles (PM) are subjected to the highest temperatures in the FireBox. Stalling the smoke parƟcles in this region just under the air curtain causes them to re‐burn, further reducing their size to an acceptable limit. The result is a very clean burn with opaciƟes well under 10% per EPA Method 9 TesƟng (as compared to open burning which typically can run at 80% to 100% opacity). FireBoxes full and burning Open Burning 2.0 AIR CURTAIN PRINCIPLE OF OPERATION Air Curtain Burners were designed principally as a polluƟon control device. The primary objecƟve of an air curtain machine is to reduce the parƟculate maƩer (PM) or smoke, that results from burning clean wood waste. It is someƟmes hard to visualize without seeing a machine in operaƟon (see video at: www.AirBurners.com), but the machines do not burn anything, rather they control the results of something burning. You could look at it as a polluƟon control device for open burning. Clean wood waste is loaded into the FireBox, an accelerant like diesel is poured onto the wood and the pile is ignited. Once the fire is ignited the vegetaƟve waste burns naturally, no addiƟonal fuels are used. Very similar to starƟng a camp‐ fire. Once the fire has reached suitable strength, usually in 15 to 20 minutes, the air curtain is engaged. The air curtain then runs at steady‐state throughout the burning operaƟons and the waste wood is loaded at a rate consistent with the rate of burn. 11.D.9 Packet Pg. 2353 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 Air Curtain Purpose Air Curtain Burners were designed as tools to help move away from other more damaging vegetaƟve waste disposal processes like open burning and grinding. CombusƟon by Air Curtain Burner is a natural process but with the added benefit of parƟculate reducƟon. The purpose of an air curtain burner is to control emissions from the burning of wood waste and they have been proven to be far more effecƟve at protecƟng our environment than grinding, landfill and open burning. Air Burners‘ air curtain burners have been tested on a number of occasions over a couple decade’s span. Tests have been commissioned by Air Burners (Fountainhead), our customers (Air‐Tec BC‐Hydro) and various Government Agencies (USDAFS, US EPA/ Lockheed). The resulƟng data that is available for public use is either presented herein or posted for download on our website; www.AirBurners.com In addiƟon we have posted any videos of the tesƟng that are in the public domain as an example, the US EPA carried out extensive tests in Louisiana for the purpose of studying the use of our machines for the destrucƟon of rouƟne vegetaƟve waste in comparison to disaster recovery debris from Hurricane Katrina (videos are accessible on our website at: hƩps://airburners.com/resource‐center/videos On the following pages we have provided a summary of test data from Air Burners machines. Note this data only applies to Air Burners, Inc. machines. There are companies who have tried to copy our designs but from an emissions stand point if the air curtain is not engineered correctly you can not achieve the results listed herein. There are a few different ways to achieve the correct balance of mass flow and velocity in creaƟng the air curtain. Therefore a manifold “flow” test is not sufficient to determine a correct air curtain. If the flows are incorrect more parƟculate is released and more hot embers will be disbursed. The definiƟve method of insuring correct emissions control is by cerƟfied tesƟng of emission results, as is presented in this document. Air Curtain Burners are “polluƟon control” devices therefore a manufacturer claiming to build air curtain machines should be required to provide the same kind of independent test data as we have provided in this document as proof of parƟculate maƩer control. Regulatory Concerns If you are considering regulaƟons for your state, county and/or town regarding Air Curtain Burners we would suggest you consider two levels of permiƫng: 1) Temporary and 2) StaƟonary. 1) Temporary Use ‐ As an alternaƟve to open burning and to encourage a move away from open burning, allow permits under a similar system as was used for open burning but with more liberal burning allowances. This generally means a local permit easily and quickly obtained from a local authority such as the fire department or the forestry department. Typical applicaƟons would be for land clearing, forest fuels reducƟon, pipeline clearing, roads and parks cleanup, invasive species removal, etc. Typically these machines would not be allowed to operate at the same locaƟon for more than 6 months. 2) StaƟonary Use ‐ These applicaƟons would include county landfills, parks, transfer staƟons, industrial sites, etc. These applicaƟons would require USEPA Title V or Works permiƫng through the State or local air quality office. In the USA the Code of Federal RegulaƟons provides for a simplified system to allow an abbreviated Title V permit for these applicaƟons as Air Curtain Burners are exempt from all performance requirements except opacity (EPA method 9). The combusƟon of clean vegetaƟve waste is considered carbon neutral, therefore the concern in permiƫng a staƟonary unit should be a) parƟculate release and b) local effects or impacts. We recommend that all permanent installaƟons should be biomass power generaƟng. From an economical standpoint the PGFireBox as an example is no more expensive than a 500hp grinder but it is beƩer for the environment and instead of wasƟng energy, it creates it. 3.0 AIR BURNERS, INC. EMISSIONS DATA 11.D.9 Packet Pg. 2354 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 Emission Data The standard test carried out rouƟnely to judge the proper performance of an air curtain burner for Air Source Permit Title V acceptance is a visual emissions (VE) test based on a cerƟfied smoke reader’s observaƟon or by comparing his/her observaƟon to the Ringelmann Scale, a simple tool for judging the density of a smoke plume. The density is expressed in percent (%) opacity. The US EPA sets limits for opacity for various emissions sources, including air curtain burners. The limit for steady‐state operaƟon is 10% opacity. This is determined by recording the opacity 4 Ɵmes a minute and then averaging the 24 readings every six minutes pursuant to USEPA Method 9. None of the averages should exceed 10%, except during the iniƟal 30 minutes of start‐up during which Ɵme the average opacity may reach 35% for air curtain burners as the machine increases its operaƟng temperatures in the combusƟon chamber (FireBox). Opacity is an easy and economical method of regulaƟng but any manufacturer of these machines should be required to provide independent test data to the local air quality office. This will verify that the non‐visible parƟculates like PM10 and PM2.5 are being controlled. Below is a table with results of four independent tests run on various Air Burners machines over a mulƟ‐year span of Ɵme. SupporƟng references and data are provided in the appendix (or available through the factory). Air Burners, Inc. FireBox Emissions Factors for CombusƟon of VegetaƟve Waste Emissions Factors are shown in lbs. of emissions per 1 ton of vegetaƟve waste combusted (except opacity) PM 2.5 PM 10 SO2 NOx CO VOC/NMHC CH4 Opacity CE Air Tec ‐ BC Hydro na 0.13 0.00313 0.03 0.611 0.11 na 5.00% na Missoula ‐ USDA Forest Service 1.1 na na na 2.6 1.1 1.4 na 99% Fountainhead Engineering na 0.10 0.005 0.05 1.050 na na 5.40% 99% Lockheed/EPA Region 1 na na ND na 1.17 (Note 1) 0.005 (Note 2) na na na ND = Not detected; na = Not tested Note 1 = 50 Ō downwind (Puerto Rico) Note 2 = 100 Ō downwind (Puerto Rico); 50FT = ND Contact Air Burners, Inc. for more in‐ 11.D.9 Packet Pg. 2355 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 Air Curtain vs Grinder As part of the environmental informaƟon concerning Air Curtain Burners (ACB) we are presenƟng some of the data in comparison to a wood waste grinder. Currently grinding and hauling of wood waste to landfill is the most common method of disposal. The grinding machines are not typically subjected to any permit requirements like the air curtain machines (although that is now changing in the US). Because the Air Burner involves “burning” many assume it is therefore worse for the environment, but compared to the grinding/ hauling opƟon that is not the case. 1) The ACB FireBox is an “end soluƟon” and actually eliminates the wood waste, while a grinder is just a “handling process” where 100 tons of wood submiƩed to the machine delivers 100 tons of ground wood waste. 2) The FireBox uses the waste as its fuel, where the grinder uses hundreds of gallons of Diesel fuel to grind wood in to mulch. 3) The FireBox creates a small amount of natural clean ash and BioChar that are a natural soil amendment, the grinder creates a huge amount of mulch which is a non‐natural product with almost no use. 4) The FireBox has less impact on the environment; the grinder and associated transportaƟon have a significantly negaƟve impact on the environment. 5) The FireBox can create energy from the waste, the grinder only consumes energy. The Air Curtain FireBox allows wood waste to burn naturally as has been happening on Earth for millions of years, but without the unwanted ParƟculate MaƩer or Black Carbon release. As we concern ourselves with the reducƟon of climate changing impacts on our environment, the FireBox is the best choice for immediate reducƟon in black carbon and non‐biogenic CO2 emissions. The same amount of Biogenic CO2 will be released from the Air Burner and the decaying wood chips from grinding but only the grinder will release large amounts of non biogenic CO2. The following secƟons will present and compare the emissions for some of the most concerning contributors in the baƩle against climate change. Comparison Emissions from Air Curtain Burner and Grinder ‐ PM ‐ CO2 ‐ NOx 1. Air Curtain FireBox The air curtain burner selected for this comparison is a mid‐size Model S‐220. It is equipped with a small Diesel engine (50 hp) that powers the air fan. The wood is burned inside the burn chamber where the wood waste is the only actual “fuel” that is combusted. No supplemental fuels are used to support combusƟon. PM, non‐biogenic CO2 and NOx Emissions from the engine and combusƟon process will be considered. 2. Wood Grinder Grinders are powered by large Diesel engines, some larger than 1000 HP. For this comparison we will compare a 400hp diesel grinder which is the smallest horsepower grinder you can purchase that will sƟll grind “whole logs.” PM, non‐biogenic CO2 and NOx Emissions from the engine exhaust and the wood dust from grinding will be included. SupporƟng data and references are included in the appendix and addiƟonal informaƟon can be provided by calling Air Burners, Inc. 4.0 COMPARING TO GRINDERS 11.D.9 Packet Pg. 2356 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 PM or ParƟculate MaƩer is a significant health concern when it is airborne in very small parƟcles. When the size of the parƟcle is 10 microns or less (PM2.5) then our bodies have liƩle or no protecƟon from inhaling these parƟcles. Once inhaled they can cause severe respiratory and other health issues. These parƟcles gen‐ erally exist in two forms; dust aerosols and black carbon. Dust does occur naturally and there is not much we can do about that, but the dust aerosols that are generated by operaƟons like grinding, crushing, digging, and other industrial operaƟons can someƟmes be controlled with filters, or sprinkler systems. In this brochure we are comparing parƟculate maƩer releases between air curtain machines and wood grinders. In addiƟon to PM from Diesel engine combusƟon, the grinding of wood waste and the subsequent handling, transporƟng and storage result in addiƟonal fugiƟve dust (PM) and these parƟcles are predominantly raw wood aerosols. Raw wood parƟcles are a known carcinogen with obvi‐ ous health implicaƟons, especially to a populaƟon close to the source, such as the site operators. It is obvious that raw wood PM emissions from grinders must be mini‐ mized. The other PM of concern is Black Carbon. A combusƟon process like diesel engines or open burning generate Black Carbon (BC) consisƟng of clusters of carbon molecules measured in microns i.e. 10μ (PM10) which are strictly regulated. Black Carbon emissions consƟtute an aerosol and not a gas, because BC consists of pure carbon suspended in the atmosphere as Ɵny solids. PM tends to gravitate back to earth over Ɵme and is considered one of the most significant contributors to “Global Warming.” While suspended in the atmosphere, the parƟcles absorb sunrays and release infrared rays as heat that raise the temperature of the layers in the atmosphere where they reside thus contribuƟng to the warming of the planet. As they fall back onto earth, the Black Carbon causes reducƟon of “albedo”, the ability of an object or parƟcle, such as snow or ice crystals, to reflect sunlight (heat). When Black Carbon is deposited on snow and ice, it accelerates the melƟng of the snow, ice, or glaciers in areas where typically no appreciable reducƟon of frozen mass occurs naturally. It adversely affects “Global Warming” which is most noƟceable on Earth in the permafrost regions but more significantly, its residence Ɵme in the atmos‐ phere is very short measured in weeks and months. Reducing this PM would have a near immediate posiƟve effect on Global Warming in contrast to CO2 which remains in the at‐ mosphere for 100 years or more, and any current CO2 miƟgaƟon efforts would yield results only for future generaƟons. While we should work diligently towards the reducƟon of CO2, immediate efforts should be made to miƟgate or eliminate BC releases from combusƟon processes, whether from open burning or combusƟon of hydrocarbons in engines, due to the immediate posiƟve impact on the effects of climate change. The Air Burners FireBox was designed specifically for the reducƟon of PM/Black Carbon and it is a proven and effecƟve tool for achieving the goal of PM/Black Carbon reducƟon now. PM Grinder—Significant PM discharge FireBox—No visible PM discharge 11.D.9 Packet Pg. 2357 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 Strong regulaƟons are being put in place to miƟgate the raw wood PM release from grinders, i.e. California requires grinders to meet strict PM regulaƟons now in their Title V permits. In some areas like MarƟn County, Florida, buildings were constructed at great taxpayer expense to house the grinding operaƟons in an effort to control the airborne parƟcles. In many cases the Air Curtain FireBox is a beƩer soluƟon as it meets a much Ɵghter PM standard than Grinders and does not emit raw wood parƟcles. With today's grinder technology it is very difficult to control PM emissions. The state of grinder technology today will only allow US authoriƟes to regulate grinders to a maximum opacity of 20% whereas the limit for PM emissions from the air curtain burner is a maximum of 10% opacity (USEPA). Opacity is a measurement of the density or thickness of a PM emission plume rising up from a staƟonary source. This means that it is recognized by the authoriƟes that a FireBox will release much fewer parƟculate emissions when operated properly than is pracƟcal and achievable for the grinder. The grindings also pose an extreme environmental hazard. There is a very limited market to recycle the wood grindings, first, for the grindings to be useful for gardening and landscaping they must be sorted to eliminate the spread and contaminaƟon of invasive species, second, the grinding will not eliminate any molds, fungi or diseases from destrucƟve insect larvae, like longhorn beetle and third, with almost no recycling market the grindings are being piled at landfills and transfer staƟons across the country significantly increasing the occurrence of spontaneous combusƟon and the devastaƟng long term environmental impact that follows. PM—Mulch Fire in Florida caused by spontaneous combusƟon of wood grinding piles The chart at the leŌ shows a PM2.5 comparison between an Model S220 Air Burner (USDAFS test of Air Burners Model S220) and a 400 hp wood grinder (Sheffield Hallum University study). The totals represent PM2.5 release for 20 tons of wood processed. Pounds per ton release would be 4.39 lbs for the grinder and 1.1 lbs for the Air Burner. The Air Burner’s emissions are measured emissions and include fugiƟve dust from surrounding operaƟons. The grinder’s emissions are measured PM10 and calculated PM2.5 using methods from the “PolluƟon Abatement Handbook” World Bank Group, and South Coast Air Quality District ‐ “Final –Methodology to Calculate ParƟculate MaƩer (PM) 2.5 and PM 2.5 Significance Thresholds “ and does not include fugiƟve dust from operaƟons. 11.D.9 Packet Pg. 2358 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 The gaseous emission of concern emiƩed from both air curtain burners and grinders is the dangerous non‐biogenic CO2. We are using this as the standard for comparison as it is classified as the major undesirable Greenhouse Gas and it tends to be the common denominator when comparing emissions. Other releases from a process of incomplete combusƟon, such as organic gases (CH4 etc.) are not addressed in this review, as their releases follow the same proporƟons as CO2 with regard to this FireBox‐to‐Grinder comparison study. Biogenic CO2 also does not enter the comparison, because Biogenic CO2 from wood is considered carbon neutral by the IPCC and USEPA. The biogenic carbon release ulƟmately is the same for the air curtain burner and the grinder. The following secƟons compare and explain the CO2 emissions. C. Carbon Cycle First we should understand “Biogenic CO2 and the Carbon Cycle, based on which the IPCC and other agencies have determined that the burning of woody biomass is CARBON NEUTRAL, that is the release of biogenic CO2 is not considered a bad Greenhouse Gas in contrast to the carbon dioxide that is released into the atmosphere from the combusƟon of hydrocarbons such as petroleum or Diesel fuel. The carbon that is released in this case was long sequestered deep inside the Earth and it would have remained there forever, were it not harvested by man and combusted in Diesel engines of trucks, grinders, ocean ships, airplanes, etc. The Biogenic CO2 from Biomass burning represents carbon that was absorbed by trees and taken from the surrounding CO2 in the air as the result of nature’s process of photo syntheses by which life is sustained on Earth. The carbon porƟon of the CO2 remains short sequestered in the woody tree or other vegetaƟon and the oxygen is released into the surrounding atmosphere. When the wood waste burns in the air curtain burner, as it would naturally in a wildfire, but at very high combusƟon efficiency in the ACB, the carbon from the woody biomass again combines with oxygen and forms CO2. The cycle is complete. No addiƟonal CO2 was added to the atmosphere. The carbon cycle is depicted in the image to the right. The short sequestered CO2 in the wood will eventually be released whether it is submiƩed to the ACB or the grinder or leŌ to fall in the forest. CO2 11.D.9 Packet Pg. 2359 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 NOx is naturally occurring, but it is the manmade version that is causing us difficulƟes. Most commonly NOx is produced as a result of high temperatures of combusƟon like a diesel or gasoline engine. With trucks, autos, planes and trains so common around the world producƟon of NOx is conƟnuous. NOx combining with VOC’s can create ground ozone (smog). So controlling NOx is important especially for more densely populated areas and non‐ aƩainment zones. The Air Burners machines have been tested for NOx producƟon. The chart below shows the difference in NOx release between the Air Burners machines and the process of grinding and hauling NOx The chart at the leŌ shows the difference between an Air Burners diesel driven FireBox burning clean wood waste and a 400 hp diesel grinder reducing wood waste for transport to landfill. Both are processing 20 tons of clean wood waste. The Air Burners FireBox NOx reading is for both engine and wood burning combined for total NOx. These results are from actual tests. The grinding/hauling process handles the same 20 tons of wood waste. The results include the grinding and one 450 hp truck compleƟng one 50 mile round trip to the landfill to dispose of the waste. 11.D.9 Packet Pg. 2360 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 5.0 BIOMASS POWER GENERATION One of the main advantages of waste eliminaƟon with the Air Burners machine is the opƟon to produce electrical power from the waste. Wood and vegetaƟve waste have liƩle to no marketable value, plus the costs associated with “reforming” this waste into potenƟally marketable products like mulch are very high. The Air Burners PGFireBox® captures waste heat and using an organic Rankine cycle generator converts that heat into electrical energy. The PGFireBox® is the lowest cost and lowest emissions producing method of generaƟng biomass energy (see chart to right). The Air Burners PGFireBox incorporates the latest technology to produce electrical power and eliminate wood and vegetaƟve waste using an all natural process. Air Burners’ PGFireBox® is available in three different power raƟngs; 100kW, 500kW and 1000kW. These machines do not require permanent structures like buildings and smokestacks. Air Burners systems arrive self‐contained and are easily assembled onsite. For the 100kw the set up Ɵme can be less than a one day. For the 1000kW the setup Ɵme is less than two weeks. Lowest emissions Lowest cost Waste eliminaƟon Visit: www.PGFireBox.com 100kW system 1 MegaWaƩ system 11.D.9 Packet Pg. 2361 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 Air Curtain Burners are typically regulated in two ways: 1) under the States authority for control of open burning , 2) by an abbreviated Title V permit in accordance with 40 CFR part 60. 1) AlternaƟve to open burning ‐ Temporary site locaƟon Air Curtain Burners are a “tool” to help regulators move away from hazardous pracƟces such as open burning and grinding. They are a sound alternaƟve to open burning and the process of grinding and hauling of wood and vegetaƟve waste. In both cases Air Curtain Burners are significantly beƩer for the environment, and they offer the user a significant reducƟon in overall cost for waste disposal as well, everyone benefits. The US EPA does not regulate open burning. That responsibility resides with each State. But each State must have an air polluƟon control plan (including open burning ) that demonstrates how that State will comply with the US Clean Air Act (CAA). The Air Curtain machine is an ideal tool to help regulators reduce open burning, reduce parƟculate maƩer and sƟll support industries like agriculture and forestry that have a need to burn waste while meeƟng CAA requirements. In order to encourage the use of these machines and to gain the benefits of PM reducƟon it is important to make the local permit process simple. For most States open burning permits are a simple one page form at your local fire or forestry authority. Therefore the air curtain “temporary” permit should be as simple and the open burning permit should become more difficult. In these instances the air curtain machine will be temporarily located at a site for no more than 6 months and must meet the Federal guidelines for air quality as defined in 40 CFR 60. 2) Title V permit ‐ StaƟonary site locaƟon If an air curtain machine is to be used at a staƟonary site then an abbreviated Title V permit is required in accordance with 40 CFR 60. In the US Federal regulaƟons Air Curtain Burners burning clean wood and vegetaƟve waste as defined by these regulaƟons are “exempt” and required only to meet the EPA Method 9 type opacity test. The reasoning behind this is twofold; first, the contribuƟons to the atmosphere from the burning of clean wood and vegetaƟve wastes are well know as it is a natural process that is part of the Earth’s carbon cycle. As Air curtain machines do not use any supplementary fuels to support combusƟon then the combusƟon in an Air Curtain machine is well understood and is considered “carbon neutral.” Second, the purpose of an Air Curtain machine is to reduce parƟculate maƩer (PM) therefore the most applicable test is a visual opacity test. Air Curtain machines are required to meet a maximum 10 percent opacity reading for steady state operaƟon. This is of course significantly beƩer than any type of open burning which regularly runs 80 to 100 percent opacity. Even whole log grinding operaƟon can’t meet the ten percent opacity limits, most States allow 20% opacity for wood grinders. Wood and vegetaƟve waste retains a significant amount of stored energy (6,300 BTU per pound), wood waste of course was man’s first fuel. Therefore it seems logical that if this “waste” is to be disposed we should make every effort to extract the energy. Our suggesƟon is that “staƟonary” units be required to capture some porƟon of the energy being released and recycle it as either heat energy or electrical energy. Burning Limits We do not recommend limiƟng the amount of waste that can be burned at one site, rather we suggest limiƟng the number of machines that can be permiƩed at one site if there is a necessity for a restricƟon. As a pracƟcal maƩer a single Air Curtain machine can not burn much more than 10 tons per hour. If the goal is to improve air quality over other higher emissions processes then restricƟng an Air Curtain machine will only push waste back towards to other methods. US Federal RegulaƟons Concerning Air Curtain Incinerators CODE of FEDERAL REGULATIONS (CFR) Title 40 – ProtecƟon of the Environment Chapter 1 – Environmental protecƟon Sub Chapter C – Air programs Part 60 – Standards of performance for staƟonary sources Sub Part CCCC (CSWI) and/or Sub part EEEE (OSWI) The following pages provide excepts from 40 CFR 60 Sub Part CCCC (CSWI) Sub part EEEE (OSWI) 6.0 REGULATIONS ‐ Examples and Comments on US Federal RegulaƟons 11.D.9 Packet Pg. 2362 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 7.0 SUPPORTING DOCUMENTS AND REFERENCES 7.1 Engineering reports and tesƟng results The Documents below can be viewed and downloaded from our Cloud Storage at Google Drive . The link will be sent by email upon request to info@AirBurners.com. 1. Excerpts from Air‐Tec BC Hydro Test Report with Conversions, CalculaƟons and Notes on CombusƟon Effi‐ ciency ‐Cloud Storage‐ 2. Air‐Tec BC Hydro Test Report (Complete) ‐Cloud Storage‐ 3. USDA Forest Service Test Report ‐Cloud Storage‐ 4. Fountainhead Engineering Emission Test Report ‐Cloud Storage‐ 5. Lockheed EPA Region 1 Emissions Test Report ‐Cloud Storage‐ 6. Comparing OperaƟng Cost and Emissions of Grinder to FireBox ‐Cloud Storage‐ 7. Woody Debris Disposal By Fire ‐Cloud Storage‐ 8. UK DEFRA Test Report ‐Cloud Storage‐ 7.2 Videos Links to Air Burners Videos: hƩps://airburners.com/resource‐center/videos/ BurnBoss Towable FireBox 11.D.9 Packet Pg. 2363 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 7.3 CHART DATA Data for PM, CO2 and NOx charts on pages 10 thru 12. For addiƟonal explanaƟon or informaƟon please contact Air Burners at; info@AirBurners.com 11.D.9 Packet Pg. 2364 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 The charts used here indicate non‐biogenic CO2. Biogenic CO2 is considered carbon neutral by the USEPA and by the InternaƟonal Panel on Climate Change (IPCC). Biogenic CO2 is short sequestered in wood and vegetaƟve waste and will be released no maƩer how the waste material is handled. This document compares two waste handling methods Air Curtain machines and grinding. Both processes will cause the release of the sequestered CO2. The more important aspect is the release of non biogenic CO2 as this was originally captured for millions of years and would not have been released into our atmosphere but for the intervenƟon of man. 11.D.9 Packet Pg. 2365 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 11.D.9 Packet Pg. 2366 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 7.4 UNITS OF MEASUREMENT AND CONVERSIONS 1. Opacity Opacity determinaƟon by smoke reading is a subjecƟve test. There is no sound method for the conversion of opacity expressed in percent to any other unit of measurement. Any conversion aƩempt would be equally subjecƟve. 2. Canister Sampling Air sampling tests are quite elaborate, as they involve the capturing, sealing and analyzing actual gaseous effluents. They require a sound understanding of the principles of operaƟon of our air curtain burners and are usually connected with recording temperature readings and air flow measurements at various points in and above the burn chamber of the FireBox. RepresentaƟve samples are collected and upon observing strict chain of custody rules are then analyzed in an accredited laboratory. A detailed report is then issued which usually includes all the hand wriƩen and otherwise recorded field test data as an appendix. Regulators who devise air quality regulaƟons or issue air permits for air curtain burners more oŌen than not aƩempt to use exisƟng documentaƟon and applicaƟon forms within their department that were developed for hydrocarbon fueled MSW incinerators. Although our air curtain burner is not an incinerator, as it has no flame burners that are externally fueled to incinerate the waste material (remember: the waste is the fuel in an air curtain burner), regulators seem to prefer to have emissions factors for our air curtain burners expressed in a similar fashion as they are used to with respect to other sources. It is for this reason that we are offering all data shown in the summary table on page 1 in one form: emissions factors in pounds per one ton of waste combusted (except for opacity and combusƟon efficiency, of course). Emissions Factor Pounds per Ton Wood Waste Combusted (lbs/t). Expressing the amount of gaseous effluent in pounds (or kg) is a widely employed method by regulatory compliance agencies for the permiƫng process of air curtain burners. Merely relaƟng emissions factors to the volume of wood waste burned makes a very simple model that is easy to visualize: “what are the emissions from burning one ton of wood waste?” Most permit applicaƟons for Air Burners require the emissions factors provided this way. a. Convert volume to weight: The first conversion must be finding a relaƟonship between the weight of wood waste and its volume. Most frequently the amount of wood that needs to be combusted is measured in cubic yards or m3. Based on wood’s specific gravity, a solid block of wood the size of a cubic yard would be around 760 to 850 lbs . Hardwoods could be above 1000 lbs. On the other end, forest slash or land clearing waste could be piled quite fluffy and a cubic yard would only way 250 lbs. A number of 450 lbs. per cubic yard is a good average for land clearing debris and collected forest slash. b. Convert weight of gaseous emissions measured over Ɵme to weight per ton of wood combusted: All quanƟtaƟve tests require the capturing or sampling of gashouse effluents in a controlled manner. Samples are collected at predetermined posiƟons in the plume above the air curtain burner. Observing a strict chain of custody, the samples are typically analyzed in an accredited laboratory and the results expressed in weight over Ɵme (i.e. mg per hr.). For the conversion we now must know the weight of wood that was combusted over a given period of Ɵme. Most test reports show the recorded charge rate in tons per hour. The weight is recorded oŌen by the built‐in scale of the loading machine. If a range is specified, the average should be used. From here on the conversion is simply a maƩer of mathemaƟcs. The aƩached Air‐Tec Test Report is an example. Emissions Factors reported in kg per hour were converted to lbs. per ton; the way we want to express them. 11.D.9 Packet Pg. 2367 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 c. Convert Parts per Million (ppm) to lbs. of emissions per ton of wood combusted. ScienƟfic units of measurement for the quanƟ‐ taƟve relaƟonship of gases in a given space are expressed in ppm: so many parts of one item in a million parts total. The conversion from ppm to lbs. per ton is fairly complex and requires other data from the air curtain burner combusƟon process. First, we need to know again the charge rate or how much wood is being burned, say in one hour. Then we need to know the air flow rate at the locaƟon where the sampling took place and finally we must look up the molar weight of the gas for which we are calculaƟng the conversion (for which a given emissions factor expressed in ppm is available). Here is an example for CO based on the S‐327 used by Lockheed and the S‐327 that was used for the Fountainhead Engineering Emissions Tests conducted in 2000 in Michigan. We want to convert ppm to lbs. per hour and then lbs. per ton. Charge rate: 19.8 t/hr Lab test result from canister samples: 64 ppm of CO (average) Air flow at FireBox sampling point: 83,493 cubŌ/min Molar weight of CO: 28 Our goal in the first step: what is the weight in lbs. of a given compound (CO) measured in ppm? 64 xx 28x x 83,493x x 1.554E‐07 = 23.25 lbs Finally, relaƟng this to throughput means 23.25 lbs of CO were released for every 19.8 tons of wood combusted; ergo, 1t of wood combusted released 23.25 lbs ÷ 19.8 = 1.17 lbs of CO Waste to Energy Air Burners PGFireBox Electrical Power from 100 kW to 1 MW 11.D.9 Packet Pg. 2368 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator Prepared for Yahl Mulching and Recycling, Inc. 2250 Washburn Avenue Naples, FL 34117 Prepared by Grove Scientific & Engineering Company 6140 Edgewater Drive, Suite F Orlando, Florida 32810 (407) 298-2282 August 2019 www.grovescientific.com 11.D.9 Packet Pg. 2369 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Table of Contents SECTION 1 INTRODUCTION ..................................................................... 3 1.0 Background ..................................................................................... 3 1.1 Current Activities ............................................................................. 3 1.3 Emergency Contacts ....................................................................... 4 SECTION 2 FACILITY MANAGEMENT ...................................................... 4 2.1 Access and Site Control .................................................................. 4 2.2 Operating Hours .............................................................................. 4 2.3 Equipment Available ........................................................................ 5 2.4 Available Staff .................................................................................. 5 2.5 Maximum Storage Volume of Land Clearing Debris ........................ 5 2.6 Inspection and Site Operating Procedures ....................................... 6 2.7 Ash Disposal Procedures................................................................. 7 2.8 Permit Requirements ....................................................................... 8 SECTION 3 FIRE PREVENTION AND CONTROL ................................... 11 3.1 Fire Prevention .............................................................................. 11 3.2 Fire Control Equipment .................................................................. 12 3.4 Fire Training .................................................................................. 13 3.5 Reporting Requirements ................................................................ 14 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY ................................................................................................................. 15 4.1 Registration ................................................................................... 15 4.2 FDEP Rule 62-709.320 F.A.C. ....................................................... 15 11.D.9 Packet Pg. 2370 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 SECTION 5 CLOSURE PLAN .................................................................. 19 5.1 Site Closure with The ACI In Operation ......................................... 19 5.2 Site Closure with the ACI not In Operation ..................................... 20 FIGURES: Site Plan- Figure 1 ATTACHMENTS: -Attachment 1- Air Permit (Example) Attachment 2- Florida Forest Service -ACI Regulations Attachment 3-Annual Yard Trash Registration Renewal Form 11.D.9 Packet Pg. 2371 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 SECTION 1 INTRODUCTION 1.0 Background Yahl Mulching and Recycling, Inc. owns and operates a yard trash and construction and demolition debris recycling operation on 28 acres. This operations plan focuses on the air curtain incinerator (ACI) at the subject facility used for the disposal and volume reduction of yard trash and land clearing vegetation. This plan will outline the proper operation of the ACI and yard trash processing facility in accordance with Collier County and permits issued by the Florida Department of Environmental Protection (FDEP) to operate the ACI pursuant to Rule 62-296, FAC, and other applicable rules. “Yard trash” is defined as vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood. 1.1 Current Activities The facility houses a yard trash and land clearing debris transfer and volume reduction operation using a proposed ACI and wood chipper. The operating conditions required by the yard trash recycling regulations are included in Section 4 of this plan. The operator will follow the conditions set forth in these permits and these conditions become part of the operating procedures of this plan. 11.D.9 Packet Pg. 2372 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 1.3 Emergency Contacts In case of emergency during off-hours, the following contacts should be followed in the order listed below: 1. Jeff Ekiss Cell (239) 471-9803 SECTION 2 FACILITY MANAGEMENT 2.1 Access and Site Control The entrance is located on 2250 Washburn Avenue and is secured by a locked gate, see attached Site Plan. This is the only entrance and exit for the property and the perimeter security fence. During operating hours, trucks delivering debris are directed by the site operator to the staging piles (See inspection procedures below). During non-operating hours, the gate is locked. 2.2 Operating Hours The site accepts debris from 6:30 a.m. – 5:00 p.m., weather permitting, Monday thru Saturday. Operational hours may be extended for a storm event. If the site is accepting waste, the site access is controlled as stated above. The ACI operation hours may vary from 7:00 am to 7:00 pm. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning 11.D.9 Packet Pg. 2373 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 and ending times of charging 2.3 Equipment Available The site currently has available; o An excavator o A front-end loader equipped with rakes and buckets o A 500 Gallon water truck. This equipment is used to manage the debris, load the ACI and remove the ash from the ACI. 2.4 Available Staff The site is operated using between 2 and 5 employees based on daily demands. 2.5 Maximum Storage Volume of Land Clearing Debris The site will store up to 150 loads of vegetative debris at 40 cubic yards per load or approximately 6000 cubic yards. The following materials are not included in this volume: • soil • concrete • aggregate • anything non-vegetative Yard trash received at the facility shall be transferred, size-reduced or incinerated within 12 months, or removed as a recycled product. 11.D.9 Packet Pg. 2374 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 2.6 Inspection and Site Operating Procedures 1. When a load of debris arrives at the facility, the site operator will direct the driver where to dump the load. 2. Once the load is dumped, it is manually and visually checked for unsuitable materials. Unsuitable materials include: treated wood, painted wood, paper, trash, tires, garbage, plastics, liquid waste, biomedical waste, hazardous waste, metal and other similar non- yard trash materials. Unsuitable materials are separated from the debris and immediately stored in a container for removal from the site for proper disposal or recycling. 3. The sorted debris is then stored in drying piles until sufficiently dry to load into the ACI. 4. Soil from the debris piles is separated into piles for future use on or off the site. 5. ACI operators will be trained on the proper operation of the ACI and on the air permit requirements. 6. For the first load of the day, the ACI operator will note the wind speed and direction as well as review the daily weather forecast. If the forecasted conditions are not favorable (high wind or rainstorms), the operator will not load the ACI. 7. If forecasted conditions are favorable, the ACI operator will pre-load the ACI with approximately 5 tons of clean dry debris. Favorable conditions mean the wind is less than 15 mph. Unfavorable conditions are wind over 15 mph. 11.D.9 Packet Pg. 2375 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 8. The ACI operator will start the diesel engine before lighting the fire to assure it will operate. Let the engine idle and warm-up while proceeding with the startup. 9. The ACI operator will use only clean fuel oil (No. 1 or 2) or hot coals from a previous burn to start the fire in the ACI. 10. Once the fire ignites, the ACI operator will increase the engine speed and engage the fan. 11. Dry vegetative debris is loaded into the ACI at a rate not to exceed 11 tons/hr. 12. The ACI operator will maintain a log of the start time of the ACI, each load and estimated weight loaded into the ACI, and the time the last load went into the ACI. The operator will also document approximate wind speed and direction at the start of the day and at the last load of the day. The operator will note in the daily log if the ACI was stopped because of a shift in wind speed and or direction. 13. This log will be maintained at the office and records tabulated on a monthly basis. 2.7 Ash Disposal Procedures 1. Ash will be removed only after it has cooled completely. DO NOT REMOVE HOT EMBERS AS THIS CAN START A FIRE! 2. Place the cool ashes on the soil piles and mix thoroughly with soil to prevent the ash from blowing around the site. 3. Ash is used as a soil amendment and sold as top soil. 11.D.9 Packet Pg. 2376 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 2.8 Permit Requirements The air permit has specific conditions that we must meet as part of our operation of the ACI. Each of these specific conditions must be followed to remain in compliance. The air permit is included in Attachment 1. Some of these operating conditions are summarized below: • The only materials that shall be burned in the air curtain incinerator are 100 percent wood waste, 100 percent clean lumber, and 100 percent mixture of only wood waste, clean lumber, and/or yard waste. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. • In no case, shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. 11.D.9 Packet Pg. 2377 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 • The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator. • The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. • The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. • Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. • An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. • Visible Emissions Standard: The emission limitations for this emission unit are as follows: Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed 2.9 CCA-Treated Wood Segregation The Yahl Mulching and Recycling yard trash facility will recycle or process 11.D.9 Packet Pg. 2378 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 only clean, untreated wood. Painted, treated (preserved), or contaminated wood will not be recycled. Chromated copper arsenate (CCA) pressure treated wood will not be accepted for recycling. CCA-treated wood is defined in DEP Rule 62-701.200(11) as lumber, timber, or plywood treated with chromated copper arsenate. The term does not include utility poles unless they have been ground, chipped, or shredded. The criteria below will be used to identify CCA-treated wood so that it may be separated from other C&D wastes. The spotters will make reasonable efforts to separate the following common CCA-treated wood products from the waste stream: • all C&D wastes that are wood fencing, decking, or pressure treated lumber (such as 4"x4" posts); • wood with a greenish color; and • other known outdoor use wood products. The facility gate attendee will reject known segregated loads of CCA- treated wood wastes. Spotters or operators that identify any CCA-treated wood by the methods above, will remove the wood from the processing area and place it into a reject waste container for proper disposal in a lined landfill. 11.D.9 Packet Pg. 2379 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 SECTION 3 FIRE PREVENTION AND CONTROL 3.1 Fire Prevention As stated in the previous section, when cleaning ash out of the ACI, make sure the ash is cool and has no hot embers that can cause a fire on the site. The site operator should control activities that can cause fire such as, but not limited to, the following: • smoking by the debris piles and disposal of tobacco products • welding, cutting or brazing activities near debris piles, such as equipment repair • use of electrical cords or equipment near debris piles • composting of vegetative matter that can spontaneously combust when piles are disturbed • parking vehicles with hot exhaust pipes on dry vegetation The site operator must be observant of dry conditions that have the potential to cause a spontaneous combustion threat for the debris piles. This includes hot and dry weather conditions and alerts issued by the fire department of forest service, piles of vegetation that are composting due to their age and composition. In the case of old vegetation that has the potential to spontaneously combust, these piles should be burned as a priority in the ACI. 11.D.9 Packet Pg. 2380 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 Operator shall also obtain required approvals from the Greater Naples Fire District, and follow the ACI regulations in the 2014 Florida’s Forest fire Laws and Open Burning Regulations, Florida Forest Service, see Attachment 2. 3.2 Yard Trash Fire Controls The site has the following features to help contain any fires that occur so that they may dealt with quickly and safely. • An all-weather access road at least 20-feet wide is maintained around the perimeter of the yard trash processing facility. • Interior lanes between wood storage piles of at least 20-feet wide will be maintained, see Site Plan. • All parts of the wood material storage areas will be within 50 feet of access by motorized fire fighting equipment. • Yard trash, and processed wood piles will be no higher than 25 feet. 3.2 Fire Control Equipment The following equipment is available on site to fight fires: 1. A 500 Gallon water truck 2. Fire extinguishers 3. A front-end loader equipped with rakes and buckets, 4. Soil piles. 5. 16 -inch diameter water supply well, 6. 2-inch diameter water supply stand pipes close to yard trash piles 11.D.9 Packet Pg. 2381 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 and ACI, see Site Plan. In the event of a fire starting out side of the ACI, the operator should first use a fire-extinguisher to suppress the fire. The operator should communicate the emergency to other site personnel to mobilize the water truck. The water truck should be used to completely extinguish the fire. Soil suppression may also be used. If the fire is not controlled or threatens to spread, immediately call the Collier County Fire Department by: DIAL 911 Site operators should only fight fires that are within their ability. Call 911 first, then fight the fire if it is within your ability. Warning!!! Do not put yourself in danger fighting the fire. Wait for the Fire Department to respond. 3.4 Fire Training The site operators will conduct in-house fire training periodically. The training will include; 1. where the equipment is located, 2. how it works, and 3. what to do in case of a fire. 11.D.9 Packet Pg. 2382 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 4. During this training the equipment will be inspected for operating condition and repaired as needed. Fire training will include a site visit by the local fire department to brief the operators on how to respond to small fires to prevent them from spreading. Large fires caused by lightening, spontaneous combustion or other reasons out of the control of the operator will be handled by the professional fire- fighters. 3.5 Reporting Requirements In case of a fire or other malfunction of the ACI that causes the site to not comply with either the air permit or yard trash registration, you must contact the Florida Department of Environmental Protection (FDEP) at 239-344- 5600. You must also follow up with a malfunction report to include the following information; a. description of and cause of non-compliance; b. the period of non-compliance, including the anticipated time the non- compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. This report should be addressed to; FDEP South District Compliance Section 2295 Victoria Ave. Ft. Myers, Florida 33901 11.D.9 Packet Pg. 2383 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY 4.1 Registration The facility shall be registered as a “Yard Trash Recycling Facility” with the FDEP. As a result of this registration, there are specific facility, operational and record keeping requirements in Rule Chapter 62-709.320 F.A.C. These requirements are summarized below in Section 4.2 and are enforceable permit conditions. 4.2 FDEP Rule 62-709.320 F.A.C. (2) Design and operating requirements. (a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include: 1. An effective barrier to prevent unauthorized entry and dumping into the facility site; (The site is fenced and gated and locked after hours with a tennant living on site.) 2. Dust and litter control methods; (A water truck is used to wet down the haul road and yard to control dust. Litter is collected by hand as needed.) 11.D.9 Packet Pg. 2384 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 3. Fire protection and control provisions to deal with accidental burning of solid waste, including: a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site; (A 20 foot wide all weather access road will be provided.) b. None of the processed or unprocessed material shall be mechanically compacted; and (The facility does not use a compactor.) c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment. (The aisels between the yard trash and wood piles will be designed and constructed to comply with this requriement.) d. The facility shall be operated in a manner to control vectors. (The facility does not collect garbage so vectors have never been a problem.) e. The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. (This is accomplished by only burning wood during favorable weather conditions, no composting.) f. Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded. (Ditches will be maintained to keep water flowing.) 11.D.9 Packet Pg. 2385 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 g. Solid waste received at a registered facility must be processed timely as follows: 1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site. (The facility will maintain the processing, transfer or ACI burn schedule to keep wood waste volumes to less than 12,000 cubic yards.) 2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt. (The facility does not accept any of these materials.) h. If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater. (The facility only accepts yard trash and land clearing material from a limited custormer base. If unacceptable wastes are discovered in a load, the waste will be 11.D.9 Packet Pg. 2386 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 contanerized and removed from the site for proper disposal.) i. When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. (The facility will follow this closure plan , but has no intensions of closing in the foreseeable future. See Section 5.) (3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule. (c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1, see Attachment 3. (d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year. 11.D.9 Packet Pg. 2387 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 (4) Record keeping and reporting. (a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), see Attachment 3. The form can all be obtained from the Department web page at: http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials. SECTION 5 CLOSURE PLAN 5.1 Site Closure with The ACI In Operation In the event the facility needs to shut down the land clearing debris operations the following procedure will be followed: 1. Immediately stop excepting land clearing debris. No more loads will be brought onto the site. Continue transfer, processing or using the 11.D.9 Packet Pg. 2388 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 ACI to burn the stock-piled debris. It is estimated that it would take 4-6 months to burn 6000 cubic yards of vegetation. 5.2 Site Closure with the ACI not In Operation In the event that the site must be closed without the use of the ACI, the owners have trucking contractors that can haul the debris to the County landfill. On-site equipment will be used to load the trucks. 11.D.9 Packet Pg. 2389 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 21 FIGURES 11.D.9 Packet Pg. 2390 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2391Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 22 ATTACHMENT 1 AIR PERMIT 11.D.9 Packet Pg. 2392 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) www.dep.state.fl.us Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary PERMITTEE NSB Recycling, LLC 2932 West Park Avenue Edgewater, Florida 32132 Authorized Representative: Paul Ames, President Air Permit No. 1270223-001-AC Permit Effective: 02/21/2018 Permit Expires: 04/01/2020 Minor Air Construction Permit Edgewater Facility Initial Construction Permit PROJECT This is an initial air construction permit, which authorizes the construction and installation of an air curtain incinerator, a wood tub grinder, a wood mulch screener, and three non-emergency engines. The proposed work will be conducted at the new Edgewater facility, which is a wood recycling plant categorized under Standard Industrial Classification No. 0851. The new facility will be located in Volusia County at 2932 West Park Avenue in Edgewater, Florida. The UTM coordinates are Zone 17, 506.07 km East and 3205.73 km North. This final permit is organized into the following sections: Section 1 (General Information); Section 2 (Administrative Requirements); Section 3 (Emissions Unit Specific Conditions); and Section 4 (Appendices). Because of the technical nature of the project, the permit contains numerous acronyms and abbreviations, which are defined in Appendix A of Section 4 of this permit. STATEMENT OF BASIS This air pollution construction permit is issued under the provisions of: Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, 62-204, 62-210, 62-212, 62-296 and 62-297 of the Florida Administrative Code (F.A.C.). The permittee is authorized to conduct the proposed work in accordance with the conditions of this permit. This project is subject to the general preconstruction review requirements in Rule 62-212.300, F.A.C. and is not subject to the preconstruction review requirements for major stationary sources in Rule 62-212.400, F.A.C. for the Prevention of Significant Deterioration (PSD) of Air Quality. Upon issuance of this final permit, any party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department of Environmental Protection in the Office of General Counsel (Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000) and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice must be filed within 30 days after this order is filed with the clerk of the Department. 11.D.9 Packet Pg. 2393 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DRAFT PERMIT NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 2 of 13 EXECUTION AND CLERKING Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Signature) (DRAFT) _________________________ DATE 2018 Kimberly Rush, P.E. Permitting and Waste Cleanup Program Administrator CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Paul Ames, NSB Recycling, LLC, sitecontractor1@yahoo.com Bruno Ferraro, Grove Scientific & Engineering Company, bruno@grovescientific.com Glen Semanisin, Grove Scientific & Engineering Company, glenn@grovescientific.com FDEP Central District: Kimberly Rush, Wanda Parker-Garvin, Morgan Hampton, Sirena Davila FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (Signature) DATE, 2018 (Clerk) (Date) 11.D.9 Packet Pg. 2394 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 1. GENERAL INFORMATION (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 3 of 13 PROPOSED PROJECT NSB Recycling, LLC proposes to construct and operate a wood recycling facility. This project will add the following emissions units. Facility ID No. 1270223 ID No. Emission Unit Description EU 001 Air Curtain Incinerator EU 002 Wood Tub Grinder EU 003 Screening Operations EU 004 Three Non-Emergency Stationary Compression Ignition (CI) Reciprocating Internal Combustion Engines (RICE) subject to NSPS Subpart IIII FACILITY REGULATORY CLASSIFICATION • The facility is not a major source of hazardous air pollutants (HAP). • The facility does not operate units subject to the acid rain provisions of the Clean Air Act (CAA). • The facility is not a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. • The facility is not a major stationary source in accordance with Rule 62-212.400(PSD), F.A.C. • This facility is a synthetic minor source of air pollution for nitrogen oxides (NOx). PERMIT HISTORY/AFFECTED PERMITS This is the initial Construction Permit for this facility. 11.D.9 Packet Pg. 2395 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 4 of 13 1. Permitting Authority: The permitting authority for this project is the Florida Department of Environmental Protection, Central District Waste Cleanup and Permitting Programs. The Central District’s mailing address and phone number is: Florida Department of Environmental Protection Central District Office 3319 Maguire Boulevard, Suite. 232 Orlando, FL 32803-3767 Telephone: 407-897-4100 Except as otherwise specified in this permit, the required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Department in a digital format via electronic mail, CD or DVD, or through file transfer site, when practicable. The electronic mail address is DEP_CD@dep.state.fl.us. All submittals shall clearly identify the Air Permit No. 1270223-001-AC. 2. Compliance Authority: All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Central District’s Compliance Assurance Program. (Use the above mailing or e-mail address). 3. Appendices: The following Appendices are attached as a part of this permit: Appendix A (Citation Formats and Glossary of Common Terms); Appendix B (General Conditions); Appendix C (Common Conditions); and Appendix D (Common Testing Requirements); Appendix NSPS, Subpart A – General Provisions; Appendix NSPS Subpart CCCC- Standards of Performance for commercial and Industrial Solid Waste Incineration Units; Appendix NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines. 4. Applicable Regulations, Forms and Application Procedures: Unless otherwise specified in this permit, the construction and operation of the subject emissions units shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403, F.S.; and Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296 and 62-297, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. 5. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 6. Modifications: The permittee shall notify the Compliance Authority upon commencement of construction. No new emissions unit shall be constructed and no existing emissions unit shall be modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Rules 62-210.300(1) and 62-212.300(1)(a), F.A.C.] 7. Construction and Expiration: The expiration date shown on the first page of this permit provides time to complete the physical construction activities authorized by this permit, complete any necessary compliance testing, and obtain an operation permit. Notwithstanding this expiration date, all specific emissions limitations and operating requirements established by this permit shall remain in effect until the facility or emissions unit is permanently shut down. For good cause, the permittee may request that that a permit be extended. Pursuant to Rule 62-4.080(3), F.A.C., such a request shall be submitted to the Permitting Authority in writing before the permit expires. [Rules 62-4.070(4), 62-4.080 & 62-210.300(1), F.A.C.] 8. Application for Non-Title V Air Operation Permit: This permit authorizes construction of the permitted emissions units and initial operation to determine compliance with Department rules. A Non-Title V air operation permit is required for regular operation of the permitted emissions unit. The permittee shall apply for a Title V air operation permit at least 90 days prior to expiration of this permit, but no later than 180 days 11.D.9 Packet Pg. 2396 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 5 of 13 after commencing operation. To apply for a Non-Title V air operation permit, the applicant shall submit the following: a. the appropriate permit application form (see current version of Rule 62-210.900, F.A.C. (Forms and Instructions), and/or FDEP Division of Air Resource Management website at: http://www.dep.state.fl.us/air/ ); b. the appropriate operation permit application fee from Rule 62-4.050(4)(a), F.A.C.; c. copies of the most recent compliance test reports required by Specific Condition No. xx, if not previously submitted; (if applicable) d. copies of the most recent two months of records/logs specified in Specific Condition No. A.11, B.5 and C.14. [Rules 62-4.030, 62-4.050, 62-4.070(3), 62-4.090, 62-4.220, 62-210.300(2), and 62-210.900, F.A.C.; Chapter 62-213, F.A.C.] 9. NOx Emission Limitation – The maximum facility-wide NOx emissions from this facility shall not exceed 90 tons per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] {Permitting Note: Compliance with this limitation will be based on the limitation of hours of operation for the Air Curtain Incinerator and its engine, as well as recordkeeping. Refer to Specific Conditions A.2 and C.2.} 11.D.9 Packet Pg. 2397 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 6 of 13 This section of the permit addresses the following emissions unit. EU No. Emission Unit Description 001 Air Curtain Incinerator: The proposed ACI is an Air Burners Model S-327 rated at 6-10 tons per hour of wood waste or equivalent. The skid-mounted fire box dimensions are 27’ x 8’ x 8’. The blower fan is powered by an 85 hp, 4-cynlinder diesel motor that is certified US EPA Tier 3 compliant (contained in Emission Unit 004). Only clean wood waste and clean lumber (non-painted and non-treated) will be burned in this ACI. {Permitting Note: The air curtain incinerator is subject to 40 CFR Part 60, CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is commenced on or after June 1, 2001, which is adopted and incorporated by reference at Rule 62-204.800, F.A.C} EQUIPMENT 1. Equipment Name: The permittee is authorized to install the Air Burners Model S-327 air curtain incinerator or equivalent. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation for the emission unit shall not exceed 3,000 hours per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 3. Restricted Operation: The following operational conditions must be adhered to: 1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply. 2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve (12’) wide, between eight (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill. 3. Except as provided herein and at subparagraph 4, the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tired, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquified petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 4. Notwithstanding the provisions of subparagraph 3, the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 11.D.9 Packet Pg. 2398 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 7 of 13 5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning and ending times of charging. 6. The air curtain incinerator shall be attended at all times while materials are being burned or flame are visible within the incinerator. 7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. 8. The material shall not be loaded into the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 9. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. [Rule 62-296.401(7)(b), F.A.C., 40 CFR 60.2045] EMISSIONS STANDARDS 4. Visible Emissions Standards: The emission limitations for this emission unit are as follows: outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, and during startup periods, which shall not exceed the first thirty-five percent (35%) shall be allowed. [Rule 62-296.401(7), F.A.C. and 40 CFR 60.2050] TESTING REQUIREMENTS 5. Initial Compliance Tests: The emissions unit shall be tested to demonstrate initial compliance with the visible emissions standards contained in condition A.4. The initial tests shall be conducted within 60 days after achieving permitted capacity, but not later than 180 days after initial operation of the unit. The required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that is subject to a multiple-valued opacity standard. The Method 9 opacity observance of the highest six-minute averaging time in accordance with 62-297.310(5)(b) shall be considered as meeting the compliance demonstration of 40 CFR 60.2250(a) and (b) [Rules 62-4.070(3) 62-296(7)(d)1, 62-297.310(5)(b), F.A.C. and 40 CFR 60.2050] 6. Annual Compliance Tests: During each calendar year (January 1st to December 31st), the emissions unit shall be tested to demonstrate compliance with the visible emissions standards contained in condition A.4. [Rules 62-4.070(3), 62-296(7)(d)1, 62-297.310(8)(a)1, F.A.C. and 40 CFR 60.2050] 7. Test Requirements: The permittee shall notify the Compliance Authority in writing at least 15 days prior to any required tests. Tests shall be conducted in accordance with the applicable requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(9), F.A.C.] 8. Test Methods: Required tests shall be performed in accordance with the following reference methods. Method Description of Method and Comments 9 Visual Determination of the Opacity of Emissions from Stationary Sources The above methods are described in Appendix A of 40 CFR 60 and are adopted by reference in Rule 62- 204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; and Appendix A of 40 CFR 60] NOTIFICATION REQUIREMENTS 9. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Air Curtain Incinerator no later than 11.D.9 Packet Pg. 2399 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 8 of 13 five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 10. Test Reports: The permittee shall prepare and submit reports for all required tests in accordance with the requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(10), F.A.C.] 11. Monthly Recordkeeping Requirements: In order to demonstrate compliance with Specific Condition Nos. A.2. and A.3, the permittee shall maintain a log at the facility for a period of at least five (5) years from the date the data is recorded and made available to the Department upon request. The log shall contain the following: a) Facility Name, Facility ID No. (i.e. NSB Recycling, Inc., facility, Facility ID 1270223) b) Designation of the month and year of operation for which the records are being tabulated; c) Monthly and consecutive 12-month rolling total of wood waste burned (tons/consecutive 12- month period); d) Total hours of operation for the month (hours/month); e) Consecutive 12-month rolling total hours of operation (hours/consecutive 12-month period); f) Daily beginning and ending times of charging; The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven (11) months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities that have not been operation for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR Part 60.2260] 12. Additional Recordkeeping Requirements: Records specified in Specific Condition No. A.11. (previous condition) must document the method, calculations, and formulas used in determining the usage rate and the emission rate. All calculations, including those used to derive emissions, must be clearly documented, and may be presented in the form of a template of sample calculations. The records must be made available for review on site by the Department. [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2400 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) B. EU 002 & EU 003 – Wood Tub Grinder and Screening Operations NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 9 of 13 This section of the permit addresses the following emissions units. EU No. Emission Unit Description 002 Wood Tub Grinder: The proposed equipment for the wood tub grinder is a portable Continental Biomass Industries (CBI) Model 6800 portable grinder (or equivalent) powered by a Tier 4 Caterpillar C27 diesel engine providing power (contained in Emission Unit 004). This tub grinder is rated at 150 tons per hour 003 Screening Operations: The proposed equipment for the screening operations include a portable McCloskey R105 Screener (or equivalent) equipped with a 100 hp Caterpillar Tier 3 diesel engine providing power (contained in Emission Unit 004). Ground wood is loaded into a 6-cubic meter hopper (approximately 2 tons of wood) at rate 20 tons per hour where it is screened on a shaker to separate out the fine particles. EQUIPMENT 1. Equipment Name: The permittee is authorized to install a wood tub grinder and a wood mulch screener. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation are not limited (8,760 hours per year. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] EMISSIONS STANDARDS 3. Visible Emissions Standards: Visible emissions from each emissions source are limited to less than 20 percent opacity. [Rule 62-296.320(4)(b)1 F.A.C.] NOTIFICATION REQUIREMENTS 4. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Wood Tub Grinder and Screener no later than five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 5. Monthly Log: In order to demonstrate compliance with the limitations of Specific Conditions No. B.2., the permittee shall maintain a monthly log at the facility for a period of at least five years from the date the data is recorded. The monthly summary of the log, at a minimum, shall contain the following: a. Facility Name, Facility ID No. (i.e., NSB Recycling, Inc., Facility ID 1270223); b. Designation of the month and year of operation for which the records are being tabulated; c. Monthly total and Consecutive 12-month total of hours of operation for both the EU 002 and EU 003 [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2401 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 10 of 13 This section of the permit addresses the following emissions unit. EU No. Brief Description 104 Non-Emergency Stationary CI RICE Subject to NSPS Subpart IIII. This emissions unit is comprised of non-emergency stationary CI RICE manufactured after April 1, 2006, or modified or reconstructed after July 11, 2005, located throughout the site. All of these non-emergency stationary CI RICE are subject to the requirements of the NSPS contained at 40 CFR 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, adopted in Rule 62.204.800(8)(b), F.A.C. The engines are considered to be regulated; they are not insignificant, exempt, or non-regulated. This permit incorporates a non-emergency C27 CAT diesel powered generator, incorporated with the ACI. In addition, a D100-6 diesel drive motor engine and a Kubota 3600 diesel engine are associated with the wood tub grinder and screener. Emissions are based on emission factors provided by Caterpillar for Tier 4 engines. Description Location Make and Model Description, Power Rating (kW) Engine HP Tier Rating Manufactured Year ACI Engine Kubota 3600 (63 Kw) or equivalent 85 Tier 3 2008-2013 Tub Grinder Engine Caterpillar C27 (750 Kw) or equivalent 1020 Tier 4 ≥2014 Screener Engine Caterpillar C100-6 (100 Kw) or equivalent 100 Tier 3 2007-2014 {Permitting Note: These compression ignition reciprocating internal combustion engine (CI RICE) are regulated under 40 CFR 63, Subpart ZZZZ, NESHAP for Stationary RICE and 40 CFR 60, Subpart IIII, NSPS for Stationary Compression Ignition RICE, adopted in Rules 62.204.800(11)(b) and (8)(b), F.A.C., respectively. They are considered “new” stationary non-emergency CI RICE located at an area source of HAP, that have been modified, reconstructed or commenced construction on or after 6/12/2006, and that have a post-2007 model year. In accordance with provisions of 40 CFR 63.6590(c)(6), meeting the requirements of 40 CFR 60, Subpart IIII, satisfies compliance with the requirements of Subpart ZZZZ. As non-emergency use engines located in Volusia County, these CI RICE are not subject to the VOC and NOX RACT requirements contained in Rules 62-296.500 and 570, F.A.C.} EQUIPMENT 1. Equipment Installation: The permittee is authorized to install three non-emergency stationary CI RICE as described above or equivalent. [Application No. 1270223-001-AC, received January 28, 2018, revised Application information received February 14, 2018, and Rule 62-210.200(225), “Potential to Emit,” F.A.C.] 2. Optional Model Year Installation: As an alternative dependent on availability of engine models, the permittee may elect to install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engine [604204(b), 60.4201(a) and 40 CFR 1039.101]. PERFORMANCE RESTRICTIONS 3. Restricted Operation: a. The hours of operation are limited to 3,000 hours per year for the ACI engine (Kubota 3600 (63 kw)) b. The hours of operation not limited (8,760 hours per year) for the Tub Grinder and Screener engines [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 11.D.9 Packet Pg. 2402 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 11 of 13 4. Authorized Fuel: These Stationary Reciprocating Internal Combustion Engines (RICE) must use diesel fuel that meets the following requirements for non-road diesel fuel: a. Sulfur Content. The sulfur content shall not exceed 15 ppm = 0.0015% by weight (ultra-low sulfur) for non-road fuel. b. Cetane and Aromatic. The fuel must have a minimum cetane index of 40 or must have a maximum aromatic content of 35 volume percent. [40 CFR 60.4207(b), 80.510(b)] EMISSION STANDARDS 5. Emissions Standards: Exhaust emissions from these non-emergency CI RICE shall not exceed the levels for each pollutant shown in the table below: ID Engine HP Engine kW Model Year Emissions Limit Rule Reference Emissions Limits, g/kW-hr NOX+ NMHC NOx NM HC CO PM ACI Engine (Kubota) 85 60 2008-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4.7 5.0 0.4 Screener Engine (Caterpillar D100-6) 100 100 2007-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4 5 0.3 Tub Grinder engine (Caterpillar C27) 1000 750 Post 2014 60.4204(b), 60.4201(a) and 40 CFR 1039.101 3.5 0.19 3.5 0.4 {Permitting Note: The Permittee has indicated that as an alternative, dependent on market availability, the permittee may install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engines as referenced in Table 1 of 40 CFR 1039.101.} TESTING REQUIREMENTS 6. Compliance Requirements Due to Loss of Certification: If the owner or operator does not install, configure, operate, and maintain the engine or control device according to the manufacturer's emission-related written instructions, or if the owner or operator changes emission-related settings in a way that is not authorized by the manufacturer, the owner or operator must demonstrate compliance by the following four actions: a. The owner or operator must keep a maintenance plan and records of conducted maintenance. b. The owner or operator must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. c. In addition, the owner or operator must conduct an initial performance test to demonstrate compliance with the applicable emission standards: 1) within 1 year of startup, or 2) within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or 3) within 1 year after you change emission-related settings in a way that is not authorized by the manufacturer. d. The owner or operator must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards in Specific Condition C.5. 7. Testing Requirements: In the event performance tests are required pursuant to Specific Condition C.6., the following requirements shall be met: a. Testing Procedures. The performance test must be conducted according to the in-use testing procedures in 40 CFR Part 1039, Subpart F. 11.D.9 Packet Pg. 2403 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 12 of 13 b. Not to Exceed (NTE) Numerical Requirements. Exhaust emissions from these engines must not exceed the NTE numerical requirements, rounded to the same number of decimal places as the applicable standard in Specific Condition C.4., determined from the following equation: NTE Numerical Requirement for Each Pollutant = (1.25) x (applicable standard from C.5) [40 CFR 60.4212(a) and (c)] 8. Test Requirements: In the event performance tests are required pursuant to Specific Condition C.6., or as otherwise requested by FDEP, tests shall be conducted in accordance with the applicable requirements specified in Specific Condition C.7. and Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310, F.A.C.] MONITORING REQUIREMENTS 9. Operation and Maintenance: The owner or operator must operate and maintain the stationary combustion ignition internal combustion engine according to the manufacturer's written instructions or procedures developed by the owner or operator that are approved by the engine manufacturer. In addition, owners and operators may only change those settings that the manufacturer authorizes to be changed. This engine must be maintained and operated to meet the emissions limits in Specific Conditions C.5. over the entire life of the engine. [40 CFR 60.4206, 4211(a)(1), (2) and (3)] 10. Engine Certification Requirements: The owner or operator complies with the emissions standards specified above by having purchased an engine certified by the manufacturer to meet those limits. The engine must have been installed and configured, as well as, continued to be maintained, according to the manufacturer’s emission-related specifications, except as permitted in Specific Condition C.6 as a result of loss of engine Certification. [40 CFR 60.4211(c)] 11. Hour Meter: The owner or operator must properly maintain the installed non-resettable hour meter. [40 CFR 60.4209(a)] NOTIFICATION REQUIREMENTS 12. Notification of Operation Commencement and Engine Certification: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the each of these CI RICE no later than five (5) business days after that date. The notification shall include a copy of the manufacturer’s certification for each of the CI RICE. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 13. Maintenance Records: To demonstrate conformance with the manufacturer’s written instructions for maintaining the certified engine and to document when compliance testing must be performed pursuant to Specific Condition C.6., the owner or operator must keep the following records: a. Engine manufacturer data indicating compliance with the standards. b. A copy of the manufacturer’s written instructions for operation and maintenance of the certified engine. c. A written maintenance log detailing the date and type of maintenance performed on the engine, as well as any deviations from the manufacturer’s written instructions. The log may be kept and maintained electronically. [Rule 62-213.440(1), F.A.C.] 14. Monthly Recordkeeping Requirement: The permittee shall maintain a monthly log at the facility for a period of at least five (5) years from the date the data are recorded. The log, at a minimum, shall contain the following: a. Date (month/year); b. Type of fuel used; 11.D.9 Packet Pg. 2404 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 13 of 13 c. Certification from the fuel supplier. The fuel certifications shall include the following information for distillate oil: 1) The name of the oil supplier and either 2) and 3), or 4) following. 2) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c of 40CFR 60, Subpart Dc; and 3) The sulfur content or maximum sulfur content of the oil; or 4) Documentation that the fuel is ultra-low sulfur diesel (e.g., fuel delivery receipt). d. Consecutive 12-month total of operational hours for each CI RICE comprising EU 004 The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities or emission units that have not been operating for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR 60.4214] 11.D.9 Packet Pg. 2405 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. APPENDICES Contents American Cement Company, LLC Air Permit No. 1190042-014-AC Permit Modification Air Construction Permit Appendix A. Citation Formats and Glossary of Common Terms Appendix B. General Conditions Appendix C. Common Conditions Appendix D. Common Testing Requirements Appendix E. NSPS, Subpart A – General Provisions Appendix F. 40 CFR 60 Subpart CCCC-Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Appendix G. NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines 11.D.9 Packet Pg. 2406 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 23 ATTACHMENT 2 Florida Forest Service ACI Rules 11.D.9 Packet Pg. 2407 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2408 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2409 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 24 ATTACHMENT 3 FDEP Registration & Annual Report Form 11.D.9 Packet Pg. 2410 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 1 of 2 DEP Form # 62-709.901(3) Appl for Reg. and Ann Rep for a YT Trans Form Title Station or SW Organic Recycling Facility Effective Date February 15, 2010 DEP Facility ID No. (Filled in by DEP) DEP WACS ID No: (Filled in by DEP) This form is adopted by reference in subsection 62- 709.901(3), F.A.C. Application for Registration and Annual Report for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility PART A - GENERAL INFORMATION 1. Type of Application: New Renewal (due July 1) Annual report only for facility operating under permit: 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting 3. Type of Waste Processed: Yard trash Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user) 4. Facility Name: 5. Registrant Name (or Permittee if annual report only): 6. Federal Employer Identification Number: 7. Mailing Address: City State Zip Street Mailing Address (if different): City State Zip 8. Facility Location - Street Address or Property Number: City County 9. Contact Person: Telephone: PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 10. Records required by Rule 62-709.320, F.A.C., will be kept at the facility? Yes No If no, please indicate where these records will be kept and made available upon Department request to review the records: 11. Does the registrant own the facility site? Yes No If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facil ity at this site. 12. Has the organic recycling facility begun operations? Yes No If this facility was operating in the previous calendar year, the annual report in Part C must be completed. 13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental Protection. I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C., and shall comply with the requirements specified in those rules. I also affirm that the information provided in the application is true, accurate, and correct to the best of my knowledge. I have attached all documents and/or authorizations that are required. Print Name and Title of Registrant or Authorized Agent Signature Date Email address (if available): 11.D.9 Packet Pg. 2411 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DEP Form # 62-709.910(3) Page 2 of 2 Effective February 15, 2010 PART C - ANNUAL REPORT 14. Calendar Year (January 1 through December 31) Covered by this Report: 15. Values used in this report are in (SELECT ONE): Tons Cubic Yards 16. For Existing Facilities that have not reported this information in the past, Amount of a. Unprocessed Material On Site at Beginning of Report Year: b. Processed Material On Site at Beginning of Report Year (total): 17. Total Quantity of Material Received During Report Year: 18. Total Quantity of Material Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year: 19. Total Quantity of Material Removed from Site for: a. Use (e.g., landfill cover, fuel, mulch, compost, etc.): b. Disposal: c. Other (transfer stations) 20. Total Quantity On Site at End of Report Year of: a. Unprocessed Material: b. Processed Material: Note that the total sum of items 16 a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20 I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge. Print Name and Title of Registrant/Permittee or Authorized Agent Signature Date Email address (if available): PART D - MAILING INSTRUCTIONS Remember to include the $35.00 fee if this is also a registration application. Mail completed form to: Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 11.D.9 Packet Pg. 2412 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2/19/2020 Grove Scientific & Engineering Company Mail - Noise Level Data https://mail.google.com/mail/u/0?ik=68a9720d33&view=pt&search=all&permthid=thread-f%3A1658908769694226150&simpl=msg-f%3A16589087696…1/2 James Golden <jimgolden@grovescientific.com> Noise Level Data 3 messages Michael Schmitt <mschmitt@airburners.com>Tue, Feb 18, 2020 at 3:45 PM To: "jimgolden@grovescientific.com" <jimgolden@grovescientific.com> Air Burners decibel readings: S-100 Series and S-300 FireBox results Side 10 feet 20 feet 40 feet 80 feet 160 feet Left 91 80 78 72 64 Right 87 83 79 76 66 (Manifold Side) Front 86 83 78 74 64 (Engine Deck) Michael Schmitt Air Burners Inc. North America Sales Manager Cell 772-631-8140 Office 772-220-7303 Fax 772-220-7302 www.airburners.com James Golden <jimgolden@grovescientific.com>Tue, Feb 18, 2020 at 3:50 PM To: Michael Schmitt <mschmitt@airburners.com> Thank you! James Golden, P.G. 11.D.9 Packet Pg. 2413 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Frequency (%)NAPLES MUNI A P (FL) W ind Ros e J an. 1, 20 19 - Dec. 31, 20 19 Sub-Interval: J an. 1 - Dec. 31, 0 - 23 1.3 - 4 4 - 8 8 - 13 13 - 19 19 - 25 2 5 - 32 32 - 39 39 - 47 4 7 - W in d S peed (m ph) N NNE NE ENE E ESE SE SSESSSW SW W SW W WNW NW NNW 0% 5% C l i ck and d r ag t o zoom 11.D.9 Packet Pg. 2414 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2415Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2416Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2417Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2418Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator Prepared for Yahl Mulching and Recycling, Inc. 2250 Washburn Avenue Naples, FL 34117 Prepared by Grove Scientific & Engineering Company 6140 Edgewater Drive, Suite F Orlando, Florida 32810 (407) 298-2282 August 2019 www.grovescientific.com 11.D.9 Packet Pg. 2419 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Table of Contents SECTION 1 INTRODUCTION ..................................................................... 3 1.0 Background ..................................................................................... 3 1.1 Current Activities ............................................................................. 3 1.3 Emergency Contacts ....................................................................... 4 SECTION 2 FACILITY MANAGEMENT ...................................................... 4 2.1 Access and Site Control .................................................................. 4 2.2 Operating Hours .............................................................................. 4 2.3 Equipment Available ........................................................................ 5 2.4 Available Staff .................................................................................. 5 2.5 Maximum Storage Volume of Land Clearing Debris ........................ 5 2.6 Inspection and Site Operating Procedures ....................................... 6 2.7 Ash Disposal Procedures................................................................. 7 2.8 Permit Requirements ....................................................................... 8 SECTION 3 FIRE PREVENTION AND CONTROL ................................... 11 3.1 Fire Prevention .............................................................................. 11 3.2 Fire Control Equipment .................................................................. 12 3.4 Fire Training .................................................................................. 13 3.5 Reporting Requirements ................................................................ 14 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY ................................................................................................................. 15 4.1 Registration ................................................................................... 15 4.2 FDEP Rule 62-709.320 F.A.C. ....................................................... 15 11.D.9 Packet Pg. 2420 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 SECTION 5 CLOSURE PLAN .................................................................. 19 5.1 Site Closure with The ACI In Operation ......................................... 19 5.2 Site Closure with the ACI not In Operation ..................................... 20 FIGURES: Site Plan- Figure 1 ATTACHMENTS: -Attachment 1- Air Permit (Example) Attachment 2- Florida Forest Service -ACI Regulations Attachment 3-Annual Yard Trash Registration Renewal Form 11.D.9 Packet Pg. 2421 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 SECTION 1 INTRODUCTION 1.0 Background Yahl Mulching and Recycling, Inc. owns and operates a yard trash and construction and demolition debris recycling operation on 28 acres. This operations plan focuses on the air curtain incinerator (ACI) at the subject facility used for the disposal and volume reduction of yard trash and land clearing vegetation. This plan will outline the proper operation of the ACI and yard trash processing facility in accordance with Collier County and permits issued by the Florida Department of Environmental Protection (FDEP) to operate the ACI pursuant to Rule 62-296, FAC, and other applicable rules. “Yard trash” is defined as vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood. 1.1 Current Activities The facility houses a yard trash and land clearing debris transfer and volume reduction operation using a proposed ACI and wood chipper. The operating conditions required by the yard trash recycling regulations are included in Section 4 of this plan. The operator will follow the conditions set forth in these permits and these conditions become part of the operating procedures of this plan. 11.D.9 Packet Pg. 2422 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 1.3 Emergency Contacts In case of emergency during off-hours, the following contacts should be followed in the order listed below: 1. Jeff Ekiss Cell (239) 471-9803 SECTION 2 FACILITY MANAGEMENT 2.1 Access and Site Control The entrance is located on 2250 Washburn Avenue and is secured by a locked gate, see attached Site Plan. This is the only entrance and exit for the property and the perimeter security fence. During operating hours, trucks delivering debris are directed by the site operator to the staging piles (See inspection procedures below). During non-operating hours, the gate is locked. 2.2 Operating Hours The site accepts debris from 6:30 a.m. – 5:00 p.m., weather permitting, Monday thru Saturday. Operational hours may be extended for a storm event. If the site is accepting waste, the site access is controlled as stated above. The ACI operation hours may vary from 7:00 am to 7:00 pm. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning 11.D.9 Packet Pg. 2423 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 and ending times of charging 2.3 Equipment Available The site currently has available; o An excavator o A front-end loader equipped with rakes and buckets o A 500 Gallon water truck. This equipment is used to manage the debris, load the ACI and remove the ash from the ACI. 2.4 Available Staff The site is operated using between 2 and 5 employees based on daily demands. 2.5 Maximum Storage Volume of Land Clearing Debris The site will store up to 150 loads of vegetative debris at 40 cubic yards per load or approximately 6000 cubic yards. The following materials are not included in this volume: • soil • concrete • aggregate • anything non-vegetative Yard trash received at the facility shall be transferred, size-reduced or incinerated within 12 months, or removed as a recycled product. 11.D.9 Packet Pg. 2424 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 2.6 Inspection and Site Operating Procedures 1. When a load of debris arrives at the facility, the site operator will direct the driver where to dump the load. 2. Once the load is dumped, it is manually and visually checked for unsuitable materials. Unsuitable materials include: treated wood, painted wood, paper, trash, tires, garbage, plastics, liquid waste, biomedical waste, hazardous waste, metal and other similar non- yard trash materials. Unsuitable materials are separated from the debris and immediately stored in a container for removal from the site for proper disposal or recycling. 3. The sorted debris is then stored in drying piles until sufficiently dry to load into the ACI. 4. Soil from the debris piles is separated into piles for future use on or off the site. 5. ACI operators will be trained on the proper operation of the ACI and on the air permit requirements. 6. For the first load of the day, the ACI operator will note the wind speed and direction as well as review the daily weather forecast. If the forecasted conditions are not favorable (high wind or rainstorms), the operator will not load the ACI. 7. If forecasted conditions are favorable, the ACI operator will pre-load the ACI with approximately 5 tons of clean dry debris. Favorable conditions mean the wind is less than 15 mph. Unfavorable conditions are wind over 15 mph. 11.D.9 Packet Pg. 2425 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 8. The ACI operator will start the diesel engine before lighting the fire to assure it will operate. Let the engine idle and warm-up while proceeding with the startup. 9. The ACI operator will use only clean fuel oil (No. 1 or 2) or hot coals from a previous burn to start the fire in the ACI. 10. Once the fire ignites, the ACI operator will increase the engine speed and engage the fan. 11. Dry vegetative debris is loaded into the ACI at a rate not to exceed 11 tons/hr. 12. The ACI operator will maintain a log of the start time of the ACI, each load and estimated weight loaded into the ACI, and the time the last load went into the ACI. The operator will also document approximate wind speed and direction at the start of the day and at the last load of the day. The operator will note in the daily log if the ACI was stopped because of a shift in wind speed and or direction. 13. This log will be maintained at the office and records tabulated on a monthly basis. 2.7 Ash Disposal Procedures 1. Ash will be removed only after it has cooled completely. DO NOT REMOVE HOT EMBERS AS THIS CAN START A FIRE! 2. Place the cool ashes on the soil piles and mix thoroughly with soil to prevent the ash from blowing around the site. 3. Ash is used as a soil amendment and sold as top soil. 11.D.9 Packet Pg. 2426 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 2.8 Permit Requirements The air permit has specific conditions that we must meet as part of our operation of the ACI. Each of these specific conditions must be followed to remain in compliance. The air permit is included in Attachment 1. Some of these operating conditions are summarized below: • The only materials that shall be burned in the air curtain incinerator are 100 percent wood waste, 100 percent clean lumber, and 100 percent mixture of only wood waste, clean lumber, and/or yard waste. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. • In no case, shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. 11.D.9 Packet Pg. 2427 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 • The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator. • The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. • The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. • Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. • An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. • Visible Emissions Standard: The emission limitations for this emission unit are as follows: Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed 2.9 CCA-Treated Wood Segregation The Yahl Mulching and Recycling yard trash facility will recycle or process 11.D.9 Packet Pg. 2428 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 only clean, untreated wood. Painted, treated (preserved), or contaminated wood will not be recycled. Chromated copper arsenate (CCA) pressure treated wood will not be accepted for recycling. CCA-treated wood is defined in DEP Rule 62-701.200(11) as lumber, timber, or plywood treated with chromated copper arsenate. The term does not include utility poles unless they have been ground, chipped, or shredded. The criteria below will be used to identify CCA-treated wood so that it may be separated from other C&D wastes. The spotters will make reasonable efforts to separate the following common CCA-treated wood products from the waste stream: • all C&D wastes that are wood fencing, decking, or pressure treated lumber (such as 4"x4" posts); • wood with a greenish color; and • other known outdoor use wood products. The facility gate attendee will reject known segregated loads of CCA- treated wood wastes. Spotters or operators that identify any CCA-treated wood by the methods above, will remove the wood from the processing area and place it into a reject waste container for proper disposal in a lined landfill. 11.D.9 Packet Pg. 2429 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 SECTION 3 FIRE PREVENTION AND CONTROL 3.1 Fire Prevention As stated in the previous section, when cleaning ash out of the ACI, make sure the ash is cool and has no hot embers that can cause a fire on the site. The site operator should control activities that can cause fire such as, but not limited to, the following: • smoking by the debris piles and disposal of tobacco products • welding, cutting or brazing activities near debris piles, such as equipment repair • use of electrical cords or equipment near debris piles • composting of vegetative matter that can spontaneously combust when piles are disturbed • parking vehicles with hot exhaust pipes on dry vegetation The site operator must be observant of dry conditions that have the potential to cause a spontaneous combustion threat for the debris piles. This includes hot and dry weather conditions and alerts issued by the fire department of forest service, piles of vegetation that are composting due to their age and composition. In the case of old vegetation that has the potential to spontaneously combust, these piles should be burned as a priority in the ACI. 11.D.9 Packet Pg. 2430 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 Operator shall also obtain required approvals from the Greater Naples Fire District, and follow the ACI regulations in the 2014 Florida’s Forest fire Laws and Open Burning Regulations, Florida Forest Service, see Attachment 2. 3.2 Yard Trash Fire Controls The site has the following features to help contain any fires that occur so that they may dealt with quickly and safely. • An all-weather access road at least 20-feet wide is maintained around the perimeter of the yard trash processing facility. • Interior lanes between wood storage piles of at least 20-feet wide will be maintained, see Site Plan. • All parts of the wood material storage areas will be within 50 feet of access by motorized fire fighting equipment. • Yard trash, and processed wood piles will be no higher than 25 feet. 3.2 Fire Control Equipment The following equipment is available on site to fight fires: 1. A 500 Gallon water truck 2. Fire extinguishers 3. A front-end loader equipped with rakes and buckets, 4. Soil piles. 5. 16 -inch diameter water supply well, 6. 2-inch diameter water supply stand pipes close to yard trash piles 11.D.9 Packet Pg. 2431 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 and ACI, see Site Plan. In the event of a fire starting out side of the ACI, the operator should first use a fire-extinguisher to suppress the fire. The operator should communicate the emergency to other site personnel to mobilize the water truck. The water truck should be used to completely extinguish the fire. Soil suppression may also be used. If the fire is not controlled or threatens to spread, immediately call the Collier County Fire Department by: DIAL 911 Site operators should only fight fires that are within their ability. Call 911 first, then fight the fire if it is within your ability. Warning!!! Do not put yourself in danger fighting the fire. Wait for the Fire Department to respond. 3.4 Fire Training The site operators will conduct in-house fire training periodically. The training will include; 1. where the equipment is located, 2. how it works, and 3. what to do in case of a fire. 11.D.9 Packet Pg. 2432 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 4. During this training the equipment will be inspected for operating condition and repaired as needed. Fire training will include a site visit by the local fire department to brief the operators on how to respond to small fires to prevent them from spreading. Large fires caused by lightening, spontaneous combustion or other reasons out of the control of the operator will be handled by the professional fire- fighters. 3.5 Reporting Requirements In case of a fire or other malfunction of the ACI that causes the site to not comply with either the air permit or yard trash registration, you must contact the Florida Department of Environmental Protection (FDEP) at 239-344- 5600. You must also follow up with a malfunction report to include the following information; a. description of and cause of non-compliance; b. the period of non-compliance, including the anticipated time the non- compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. This report should be addressed to; FDEP South District Compliance Section 2295 Victoria Ave. Ft. Myers, Florida 33901 11.D.9 Packet Pg. 2433 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY 4.1 Registration The facility shall be registered as a “Yard Trash Recycling Facility” with the FDEP. As a result of this registration, there are specific facility, operational and record keeping requirements in Rule Chapter 62-709.320 F.A.C. These requirements are summarized below in Section 4.2 and are enforceable permit conditions. 4.2 FDEP Rule 62-709.320 F.A.C. (2) Design and operating requirements. (a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include: 1. An effective barrier to prevent unauthorized entry and dumping into the facility site; (The site is fenced and gated and locked after hours with a tennant living on site.) 2. Dust and litter control methods; (A water truck is used to wet down the haul road and yard to control dust. Litter is collected by hand as needed.) 11.D.9 Packet Pg. 2434 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 3. Fire protection and control provisions to deal with accidental burning of solid waste, including: a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site; (A 20 foot wide all weather access road will be provided.) b. None of the processed or unprocessed material shall be mechanically compacted; and (The facility does not use a compactor.) c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment. (The aisels between the yard trash and wood piles will be designed and constructed to comply with this requriement.) d. The facility shall be operated in a manner to control vectors. (The facility does not collect garbage so vectors have never been a problem.) e. The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. (This is accomplished by only burning wood during favorable weather conditions, no composting.) f. Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded. (Ditches will be maintained to keep water flowing.) 11.D.9 Packet Pg. 2435 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 g. Solid waste received at a registered facility must be processed timely as follows: 1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site. (The facility will maintain the processing, transfer or ACI burn schedule to keep wood waste volumes to less than 12,000 cubic yards.) 2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt. (The facility does not accept any of these materials.) h. If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater. (The facility only accepts yard trash and land clearing material from a limited custormer base. If unacceptable wastes are discovered in a load, the waste will be 11.D.9 Packet Pg. 2436 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 contanerized and removed from the site for proper disposal.) i. When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. (The facility will follow this closure plan , but has no intensions of closing in the foreseeable future. See Section 5.) (3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule. (c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1, see Attachment 3. (d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year. 11.D.9 Packet Pg. 2437 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 (4) Record keeping and reporting. (a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), see Attachment 3. The form can all be obtained from the Department web page at: http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials. SECTION 5 CLOSURE PLAN 5.1 Site Closure with The ACI In Operation In the event the facility needs to shut down the land clearing debris operations the following procedure will be followed: 1. Immediately stop excepting land clearing debris. No more loads will be brought onto the site. Continue transfer, processing or using the 11.D.9 Packet Pg. 2438 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 ACI to burn the stock-piled debris. It is estimated that it would take 4-6 months to burn 6000 cubic yards of vegetation. 5.2 Site Closure with the ACI not In Operation In the event that the site must be closed without the use of the ACI, the owners have trucking contractors that can haul the debris to the County landfill. On-site equipment will be used to load the trucks. 11.D.9 Packet Pg. 2439 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 21 FIGURES 11.D.9 Packet Pg. 2440 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2441Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 22 ATTACHMENT 1 AIR PERMIT 11.D.9 Packet Pg. 2442 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) www.dep.state.fl.us Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary PERMITTEE NSB Recycling, LLC 2932 West Park Avenue Edgewater, Florida 32132 Authorized Representative: Paul Ames, President Air Permit No. 1270223-001-AC Permit Effective: 02/21/2018 Permit Expires: 04/01/2020 Minor Air Construction Permit Edgewater Facility Initial Construction Permit PROJECT This is an initial air construction permit, which authorizes the construction and installation of an air curtain incinerator, a wood tub grinder, a wood mulch screener, and three non-emergency engines. The proposed work will be conducted at the new Edgewater facility, which is a wood recycling plant categorized under Standard Industrial Classification No. 0851. The new facility will be located in Volusia County at 2932 West Park Avenue in Edgewater, Florida. The UTM coordinates are Zone 17, 506.07 km East and 3205.73 km North. This final permit is organized into the following sections: Section 1 (General Information); Section 2 (Administrative Requirements); Section 3 (Emissions Unit Specific Conditions); and Section 4 (Appendices). Because of the technical nature of the project, the permit contains numerous acronyms and abbreviations, which are defined in Appendix A of Section 4 of this permit. STATEMENT OF BASIS This air pollution construction permit is issued under the provisions of: Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, 62-204, 62-210, 62-212, 62-296 and 62-297 of the Florida Administrative Code (F.A.C.). The permittee is authorized to conduct the proposed work in accordance with the conditions of this permit. This project is subject to the general preconstruction review requirements in Rule 62-212.300, F.A.C. and is not subject to the preconstruction review requirements for major stationary sources in Rule 62-212.400, F.A.C. for the Prevention of Significant Deterioration (PSD) of Air Quality. Upon issuance of this final permit, any party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department of Environmental Protection in the Office of General Counsel (Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000) and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice must be filed within 30 days after this order is filed with the clerk of the Department. 11.D.9 Packet Pg. 2443 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DRAFT PERMIT NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 2 of 13 EXECUTION AND CLERKING Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Signature) (DRAFT) _________________________ DATE 2018 Kimberly Rush, P.E. Permitting and Waste Cleanup Program Administrator CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Paul Ames, NSB Recycling, LLC, sitecontractor1@yahoo.com Bruno Ferraro, Grove Scientific & Engineering Company, bruno@grovescientific.com Glen Semanisin, Grove Scientific & Engineering Company, glenn@grovescientific.com FDEP Central District: Kimberly Rush, Wanda Parker-Garvin, Morgan Hampton, Sirena Davila FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (Signature) DATE, 2018 (Clerk) (Date) 11.D.9 Packet Pg. 2444 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 1. GENERAL INFORMATION (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 3 of 13 PROPOSED PROJECT NSB Recycling, LLC proposes to construct and operate a wood recycling facility. This project will add the following emissions units. Facility ID No. 1270223 ID No. Emission Unit Description EU 001 Air Curtain Incinerator EU 002 Wood Tub Grinder EU 003 Screening Operations EU 004 Three Non-Emergency Stationary Compression Ignition (CI) Reciprocating Internal Combustion Engines (RICE) subject to NSPS Subpart IIII FACILITY REGULATORY CLASSIFICATION • The facility is not a major source of hazardous air pollutants (HAP). • The facility does not operate units subject to the acid rain provisions of the Clean Air Act (CAA). • The facility is not a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. • The facility is not a major stationary source in accordance with Rule 62-212.400(PSD), F.A.C. • This facility is a synthetic minor source of air pollution for nitrogen oxides (NOx). PERMIT HISTORY/AFFECTED PERMITS This is the initial Construction Permit for this facility. 11.D.9 Packet Pg. 2445 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 4 of 13 1. Permitting Authority: The permitting authority for this project is the Florida Department of Environmental Protection, Central District Waste Cleanup and Permitting Programs. The Central District’s mailing address and phone number is: Florida Department of Environmental Protection Central District Office 3319 Maguire Boulevard, Suite. 232 Orlando, FL 32803-3767 Telephone: 407-897-4100 Except as otherwise specified in this permit, the required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Department in a digital format via electronic mail, CD or DVD, or through file transfer site, when practicable. The electronic mail address is DEP_CD@dep.state.fl.us. All submittals shall clearly identify the Air Permit No. 1270223-001-AC. 2. Compliance Authority: All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Central District’s Compliance Assurance Program. (Use the above mailing or e-mail address). 3. Appendices: The following Appendices are attached as a part of this permit: Appendix A (Citation Formats and Glossary of Common Terms); Appendix B (General Conditions); Appendix C (Common Conditions); and Appendix D (Common Testing Requirements); Appendix NSPS, Subpart A – General Provisions; Appendix NSPS Subpart CCCC- Standards of Performance for commercial and Industrial Solid Waste Incineration Units; Appendix NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines. 4. Applicable Regulations, Forms and Application Procedures: Unless otherwise specified in this permit, the construction and operation of the subject emissions units shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403, F.S.; and Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296 and 62-297, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. 5. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 6. Modifications: The permittee shall notify the Compliance Authority upon commencement of construction. No new emissions unit shall be constructed and no existing emissions unit shall be modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Rules 62-210.300(1) and 62-212.300(1)(a), F.A.C.] 7. Construction and Expiration: The expiration date shown on the first page of this permit provides time to complete the physical construction activities authorized by this permit, complete any necessary compliance testing, and obtain an operation permit. Notwithstanding this expiration date, all specific emissions limitations and operating requirements established by this permit shall remain in effect until the facility or emissions unit is permanently shut down. For good cause, the permittee may request that that a permit be extended. Pursuant to Rule 62-4.080(3), F.A.C., such a request shall be submitted to the Permitting Authority in writing before the permit expires. [Rules 62-4.070(4), 62-4.080 & 62-210.300(1), F.A.C.] 8. Application for Non-Title V Air Operation Permit: This permit authorizes construction of the permitted emissions units and initial operation to determine compliance with Department rules. A Non-Title V air operation permit is required for regular operation of the permitted emissions unit. The permittee shall apply for a Title V air operation permit at least 90 days prior to expiration of this permit, but no later than 180 days 11.D.9 Packet Pg. 2446 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 5 of 13 after commencing operation. To apply for a Non-Title V air operation permit, the applicant shall submit the following: a. the appropriate permit application form (see current version of Rule 62-210.900, F.A.C. (Forms and Instructions), and/or FDEP Division of Air Resource Management website at: http://www.dep.state.fl.us/air/ ); b. the appropriate operation permit application fee from Rule 62-4.050(4)(a), F.A.C.; c. copies of the most recent compliance test reports required by Specific Condition No. xx, if not previously submitted; (if applicable) d. copies of the most recent two months of records/logs specified in Specific Condition No. A.11, B.5 and C.14. [Rules 62-4.030, 62-4.050, 62-4.070(3), 62-4.090, 62-4.220, 62-210.300(2), and 62-210.900, F.A.C.; Chapter 62-213, F.A.C.] 9. NOx Emission Limitation – The maximum facility-wide NOx emissions from this facility shall not exceed 90 tons per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] {Permitting Note: Compliance with this limitation will be based on the limitation of hours of operation for the Air Curtain Incinerator and its engine, as well as recordkeeping. Refer to Specific Conditions A.2 and C.2.} 11.D.9 Packet Pg. 2447 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 6 of 13 This section of the permit addresses the following emissions unit. EU No. Emission Unit Description 001 Air Curtain Incinerator: The proposed ACI is an Air Burners Model S-327 rated at 6-10 tons per hour of wood waste or equivalent. The skid-mounted fire box dimensions are 27’ x 8’ x 8’. The blower fan is powered by an 85 hp, 4-cynlinder diesel motor that is certified US EPA Tier 3 compliant (contained in Emission Unit 004). Only clean wood waste and clean lumber (non-painted and non-treated) will be burned in this ACI. {Permitting Note: The air curtain incinerator is subject to 40 CFR Part 60, CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is commenced on or after June 1, 2001, which is adopted and incorporated by reference at Rule 62-204.800, F.A.C} EQUIPMENT 1. Equipment Name: The permittee is authorized to install the Air Burners Model S-327 air curtain incinerator or equivalent. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation for the emission unit shall not exceed 3,000 hours per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 3. Restricted Operation: The following operational conditions must be adhered to: 1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply. 2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve (12’) wide, between eight (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill. 3. Except as provided herein and at subparagraph 4, the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tired, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquified petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 4. Notwithstanding the provisions of subparagraph 3, the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 11.D.9 Packet Pg. 2448 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 7 of 13 5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning and ending times of charging. 6. The air curtain incinerator shall be attended at all times while materials are being burned or flame are visible within the incinerator. 7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. 8. The material shall not be loaded into the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 9. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. [Rule 62-296.401(7)(b), F.A.C., 40 CFR 60.2045] EMISSIONS STANDARDS 4. Visible Emissions Standards: The emission limitations for this emission unit are as follows: outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, and during startup periods, which shall not exceed the first thirty-five percent (35%) shall be allowed. [Rule 62-296.401(7), F.A.C. and 40 CFR 60.2050] TESTING REQUIREMENTS 5. Initial Compliance Tests: The emissions unit shall be tested to demonstrate initial compliance with the visible emissions standards contained in condition A.4. The initial tests shall be conducted within 60 days after achieving permitted capacity, but not later than 180 days after initial operation of the unit. The required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that is subject to a multiple-valued opacity standard. The Method 9 opacity observance of the highest six-minute averaging time in accordance with 62-297.310(5)(b) shall be considered as meeting the compliance demonstration of 40 CFR 60.2250(a) and (b) [Rules 62-4.070(3) 62-296(7)(d)1, 62-297.310(5)(b), F.A.C. and 40 CFR 60.2050] 6. Annual Compliance Tests: During each calendar year (January 1st to December 31st), the emissions unit shall be tested to demonstrate compliance with the visible emissions standards contained in condition A.4. [Rules 62-4.070(3), 62-296(7)(d)1, 62-297.310(8)(a)1, F.A.C. and 40 CFR 60.2050] 7. Test Requirements: The permittee shall notify the Compliance Authority in writing at least 15 days prior to any required tests. Tests shall be conducted in accordance with the applicable requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(9), F.A.C.] 8. Test Methods: Required tests shall be performed in accordance with the following reference methods. Method Description of Method and Comments 9 Visual Determination of the Opacity of Emissions from Stationary Sources The above methods are described in Appendix A of 40 CFR 60 and are adopted by reference in Rule 62- 204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; and Appendix A of 40 CFR 60] NOTIFICATION REQUIREMENTS 9. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Air Curtain Incinerator no later than 11.D.9 Packet Pg. 2449 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 8 of 13 five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 10. Test Reports: The permittee shall prepare and submit reports for all required tests in accordance with the requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(10), F.A.C.] 11. Monthly Recordkeeping Requirements: In order to demonstrate compliance with Specific Condition Nos. A.2. and A.3, the permittee shall maintain a log at the facility for a period of at least five (5) years from the date the data is recorded and made available to the Department upon request. The log shall contain the following: a) Facility Name, Facility ID No. (i.e. NSB Recycling, Inc., facility, Facility ID 1270223) b) Designation of the month and year of operation for which the records are being tabulated; c) Monthly and consecutive 12-month rolling total of wood waste burned (tons/consecutive 12- month period); d) Total hours of operation for the month (hours/month); e) Consecutive 12-month rolling total hours of operation (hours/consecutive 12-month period); f) Daily beginning and ending times of charging; The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven (11) months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities that have not been operation for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR Part 60.2260] 12. Additional Recordkeeping Requirements: Records specified in Specific Condition No. A.11. (previous condition) must document the method, calculations, and formulas used in determining the usage rate and the emission rate. All calculations, including those used to derive emissions, must be clearly documented, and may be presented in the form of a template of sample calculations. The records must be made available for review on site by the Department. [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2450 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) B. EU 002 & EU 003 – Wood Tub Grinder and Screening Operations NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 9 of 13 This section of the permit addresses the following emissions units. EU No. Emission Unit Description 002 Wood Tub Grinder: The proposed equipment for the wood tub grinder is a portable Continental Biomass Industries (CBI) Model 6800 portable grinder (or equivalent) powered by a Tier 4 Caterpillar C27 diesel engine providing power (contained in Emission Unit 004). This tub grinder is rated at 150 tons per hour 003 Screening Operations: The proposed equipment for the screening operations include a portable McCloskey R105 Screener (or equivalent) equipped with a 100 hp Caterpillar Tier 3 diesel engine providing power (contained in Emission Unit 004). Ground wood is loaded into a 6-cubic meter hopper (approximately 2 tons of wood) at rate 20 tons per hour where it is screened on a shaker to separate out the fine particles. EQUIPMENT 1. Equipment Name: The permittee is authorized to install a wood tub grinder and a wood mulch screener. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation are not limited (8,760 hours per year. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] EMISSIONS STANDARDS 3. Visible Emissions Standards: Visible emissions from each emissions source are limited to less than 20 percent opacity. [Rule 62-296.320(4)(b)1 F.A.C.] NOTIFICATION REQUIREMENTS 4. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Wood Tub Grinder and Screener no later than five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 5. Monthly Log: In order to demonstrate compliance with the limitations of Specific Conditions No. B.2., the permittee shall maintain a monthly log at the facility for a period of at least five years from the date the data is recorded. The monthly summary of the log, at a minimum, shall contain the following: a. Facility Name, Facility ID No. (i.e., NSB Recycling, Inc., Facility ID 1270223); b. Designation of the month and year of operation for which the records are being tabulated; c. Monthly total and Consecutive 12-month total of hours of operation for both the EU 002 and EU 003 [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2451 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 10 of 13 This section of the permit addresses the following emissions unit. EU No. Brief Description 104 Non-Emergency Stationary CI RICE Subject to NSPS Subpart IIII. This emissions unit is comprised of non-emergency stationary CI RICE manufactured after April 1, 2006, or modified or reconstructed after July 11, 2005, located throughout the site. All of these non-emergency stationary CI RICE are subject to the requirements of the NSPS contained at 40 CFR 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, adopted in Rule 62.204.800(8)(b), F.A.C. The engines are considered to be regulated; they are not insignificant, exempt, or non-regulated. This permit incorporates a non-emergency C27 CAT diesel powered generator, incorporated with the ACI. In addition, a D100-6 diesel drive motor engine and a Kubota 3600 diesel engine are associated with the wood tub grinder and screener. Emissions are based on emission factors provided by Caterpillar for Tier 4 engines. Description Location Make and Model Description, Power Rating (kW) Engine HP Tier Rating Manufactured Year ACI Engine Kubota 3600 (63 Kw) or equivalent 85 Tier 3 2008-2013 Tub Grinder Engine Caterpillar C27 (750 Kw) or equivalent 1020 Tier 4 ≥2014 Screener Engine Caterpillar C100-6 (100 Kw) or equivalent 100 Tier 3 2007-2014 {Permitting Note: These compression ignition reciprocating internal combustion engine (CI RICE) are regulated under 40 CFR 63, Subpart ZZZZ, NESHAP for Stationary RICE and 40 CFR 60, Subpart IIII, NSPS for Stationary Compression Ignition RICE, adopted in Rules 62.204.800(11)(b) and (8)(b), F.A.C., respectively. They are considered “new” stationary non-emergency CI RICE located at an area source of HAP, that have been modified, reconstructed or commenced construction on or after 6/12/2006, and that have a post-2007 model year. In accordance with provisions of 40 CFR 63.6590(c)(6), meeting the requirements of 40 CFR 60, Subpart IIII, satisfies compliance with the requirements of Subpart ZZZZ. As non-emergency use engines located in Volusia County, these CI RICE are not subject to the VOC and NOX RACT requirements contained in Rules 62-296.500 and 570, F.A.C.} EQUIPMENT 1. Equipment Installation: The permittee is authorized to install three non-emergency stationary CI RICE as described above or equivalent. [Application No. 1270223-001-AC, received January 28, 2018, revised Application information received February 14, 2018, and Rule 62-210.200(225), “Potential to Emit,” F.A.C.] 2. Optional Model Year Installation: As an alternative dependent on availability of engine models, the permittee may elect to install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engine [604204(b), 60.4201(a) and 40 CFR 1039.101]. PERFORMANCE RESTRICTIONS 3. Restricted Operation: a. The hours of operation are limited to 3,000 hours per year for the ACI engine (Kubota 3600 (63 kw)) b. The hours of operation not limited (8,760 hours per year) for the Tub Grinder and Screener engines [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 11.D.9 Packet Pg. 2452 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 11 of 13 4. Authorized Fuel: These Stationary Reciprocating Internal Combustion Engines (RICE) must use diesel fuel that meets the following requirements for non-road diesel fuel: a. Sulfur Content. The sulfur content shall not exceed 15 ppm = 0.0015% by weight (ultra-low sulfur) for non-road fuel. b. Cetane and Aromatic. The fuel must have a minimum cetane index of 40 or must have a maximum aromatic content of 35 volume percent. [40 CFR 60.4207(b), 80.510(b)] EMISSION STANDARDS 5. Emissions Standards: Exhaust emissions from these non-emergency CI RICE shall not exceed the levels for each pollutant shown in the table below: ID Engine HP Engine kW Model Year Emissions Limit Rule Reference Emissions Limits, g/kW-hr NOX+ NMHC NOx NM HC CO PM ACI Engine (Kubota) 85 60 2008-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4.7 5.0 0.4 Screener Engine (Caterpillar D100-6) 100 100 2007-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4 5 0.3 Tub Grinder engine (Caterpillar C27) 1000 750 Post 2014 60.4204(b), 60.4201(a) and 40 CFR 1039.101 3.5 0.19 3.5 0.4 {Permitting Note: The Permittee has indicated that as an alternative, dependent on market availability, the permittee may install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engines as referenced in Table 1 of 40 CFR 1039.101.} TESTING REQUIREMENTS 6. Compliance Requirements Due to Loss of Certification: If the owner or operator does not install, configure, operate, and maintain the engine or control device according to the manufacturer's emission-related written instructions, or if the owner or operator changes emission-related settings in a way that is not authorized by the manufacturer, the owner or operator must demonstrate compliance by the following four actions: a. The owner or operator must keep a maintenance plan and records of conducted maintenance. b. The owner or operator must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. c. In addition, the owner or operator must conduct an initial performance test to demonstrate compliance with the applicable emission standards: 1) within 1 year of startup, or 2) within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or 3) within 1 year after you change emission-related settings in a way that is not authorized by the manufacturer. d. The owner or operator must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards in Specific Condition C.5. 7. Testing Requirements: In the event performance tests are required pursuant to Specific Condition C.6., the following requirements shall be met: a. Testing Procedures. The performance test must be conducted according to the in-use testing procedures in 40 CFR Part 1039, Subpart F. 11.D.9 Packet Pg. 2453 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 12 of 13 b. Not to Exceed (NTE) Numerical Requirements. Exhaust emissions from these engines must not exceed the NTE numerical requirements, rounded to the same number of decimal places as the applicable standard in Specific Condition C.4., determined from the following equation: NTE Numerical Requirement for Each Pollutant = (1.25) x (applicable standard from C.5) [40 CFR 60.4212(a) and (c)] 8. Test Requirements: In the event performance tests are required pursuant to Specific Condition C.6., or as otherwise requested by FDEP, tests shall be conducted in accordance with the applicable requirements specified in Specific Condition C.7. and Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310, F.A.C.] MONITORING REQUIREMENTS 9. Operation and Maintenance: The owner or operator must operate and maintain the stationary combustion ignition internal combustion engine according to the manufacturer's written instructions or procedures developed by the owner or operator that are approved by the engine manufacturer. In addition, owners and operators may only change those settings that the manufacturer authorizes to be changed. This engine must be maintained and operated to meet the emissions limits in Specific Conditions C.5. over the entire life of the engine. [40 CFR 60.4206, 4211(a)(1), (2) and (3)] 10. Engine Certification Requirements: The owner or operator complies with the emissions standards specified above by having purchased an engine certified by the manufacturer to meet those limits. The engine must have been installed and configured, as well as, continued to be maintained, according to the manufacturer’s emission-related specifications, except as permitted in Specific Condition C.6 as a result of loss of engine Certification. [40 CFR 60.4211(c)] 11. Hour Meter: The owner or operator must properly maintain the installed non-resettable hour meter. [40 CFR 60.4209(a)] NOTIFICATION REQUIREMENTS 12. Notification of Operation Commencement and Engine Certification: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the each of these CI RICE no later than five (5) business days after that date. The notification shall include a copy of the manufacturer’s certification for each of the CI RICE. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 13. Maintenance Records: To demonstrate conformance with the manufacturer’s written instructions for maintaining the certified engine and to document when compliance testing must be performed pursuant to Specific Condition C.6., the owner or operator must keep the following records: a. Engine manufacturer data indicating compliance with the standards. b. A copy of the manufacturer’s written instructions for operation and maintenance of the certified engine. c. A written maintenance log detailing the date and type of maintenance performed on the engine, as well as any deviations from the manufacturer’s written instructions. The log may be kept and maintained electronically. [Rule 62-213.440(1), F.A.C.] 14. Monthly Recordkeeping Requirement: The permittee shall maintain a monthly log at the facility for a period of at least five (5) years from the date the data are recorded. The log, at a minimum, shall contain the following: a. Date (month/year); b. Type of fuel used; 11.D.9 Packet Pg. 2454 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 13 of 13 c. Certification from the fuel supplier. The fuel certifications shall include the following information for distillate oil: 1) The name of the oil supplier and either 2) and 3), or 4) following. 2) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c of 40CFR 60, Subpart Dc; and 3) The sulfur content or maximum sulfur content of the oil; or 4) Documentation that the fuel is ultra-low sulfur diesel (e.g., fuel delivery receipt). d. Consecutive 12-month total of operational hours for each CI RICE comprising EU 004 The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities or emission units that have not been operating for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR 60.4214] 11.D.9 Packet Pg. 2455 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. APPENDICES Contents American Cement Company, LLC Air Permit No. 1190042-014-AC Permit Modification Air Construction Permit Appendix A. Citation Formats and Glossary of Common Terms Appendix B. General Conditions Appendix C. Common Conditions Appendix D. Common Testing Requirements Appendix E. NSPS, Subpart A – General Provisions Appendix F. 40 CFR 60 Subpart CCCC-Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Appendix G. NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines 11.D.9 Packet Pg. 2456 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 23 ATTACHMENT 2 Florida Forest Service ACI Rules 11.D.9 Packet Pg. 2457 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2458 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2459 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 24 ATTACHMENT 3 FDEP Registration & Annual Report Form 11.D.9 Packet Pg. 2460 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 1 of 2 DEP Form # 62-709.901(3) Appl for Reg. and Ann Rep for a YT Trans Form Title Station or SW Organic Recycling Facility Effective Date February 15, 2010 DEP Facility ID No. (Filled in by DEP) DEP WACS ID No: (Filled in by DEP) This form is adopted by reference in subsection 62- 709.901(3), F.A.C. Application for Registration and Annual Report for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility PART A - GENERAL INFORMATION 1. Type of Application: New Renewal (due July 1) Annual report only for facility operating under permit: 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting 3. Type of Waste Processed: Yard trash Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user) 4. Facility Name: 5. Registrant Name (or Permittee if annual report only): 6. Federal Employer Identification Number: 7. Mailing Address: City State Zip Street Mailing Address (if different): City State Zip 8. Facility Location - Street Address or Property Number: City County 9. Contact Person: Telephone: PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 10. Records required by Rule 62-709.320, F.A.C., will be kept at the facility? Yes No If no, please indicate where these records will be kept and made available upon Department request to review the records: 11. Does the registrant own the facility site? Yes No If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facil ity at this site. 12. Has the organic recycling facility begun operations? Yes No If this facility was operating in the previous calendar year, the annual report in Part C must be completed. 13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental Protection. I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C., and shall comply with the requirements specified in those rules. I also affirm that the information provided in the application is true, accurate, and correct to the best of my knowledge. I have attached all documents and/or authorizations that are required. Print Name and Title of Registrant or Authorized Agent Signature Date Email address (if available): 11.D.9 Packet Pg. 2461 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DEP Form # 62-709.910(3) Page 2 of 2 Effective February 15, 2010 PART C - ANNUAL REPORT 14. Calendar Year (January 1 through December 31) Covered by this Report: 15. Values used in this report are in (SELECT ONE): Tons Cubic Yards 16. For Existing Facilities that have not reported this information in the past, Amount of a. Unprocessed Material On Site at Beginning of Report Year: b. Processed Material On Site at Beginning of Report Year (total): 17. Total Quantity of Material Received During Report Year: 18. Total Quantity of Material Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year: 19. Total Quantity of Material Removed from Site for: a. Use (e.g., landfill cover, fuel, mulch, compost, etc.): b. Disposal: c. Other (transfer stations) 20. Total Quantity On Site at End of Report Year of: a. Unprocessed Material: b. Processed Material: Note that the total sum of items 16 a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20 I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge. Print Name and Title of Registrant/Permittee or Authorized Agent Signature Date Email address (if available): PART D - MAILING INSTRUCTIONS Remember to include the $35.00 fee if this is also a registration application. Mail completed form to: Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 11.D.9 Packet Pg. 2462 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) CONDITIONS OF APPROVAL FOR CU-PL2010-166 1. This project shall reserve 130 feet along the southern property boundary for future road right- of-way. This future right of way reservation coincides with the current boundary recommended by the County's "WilsonlBenfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C&D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll-off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5 :00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll-off containers and the endloader shall be limited as follows: a) Dispensing of diesel fuel and oils. b) Servicing of spark plugs, batteries, distributors and distributor parts. c) Removing, remounting, balancing repair and installation of tires. Recappinglregrooving of tires and wheel alignments are not permitted. d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. f) Washing, buffing and steam cleaning. g) Servicing of fuel pumps and fuel lines. h) Minor servicing of carburetors and fuel injection systems. Page 1 of2 Rev. 7-22-1] EXHIBIT C 11.D.9 Packet Pg. 2463 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) i) Electrical wiring repairs. G) Providing repair and replacement of brake rotors, drums and pads. k) Minor motor adjustments not involving removal of the head or crankcase. 1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. m) Minor welding and minor repainting but not frame straightening or major repainting. n) The removal of engines, transmissions, rear differentials and 4-wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C&D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C&D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by-product material at all times that the crusher is in operation. Page 2 of2 Rev. 7-22-11 EXHIBIT C 11.D.9 Packet Pg. 2464 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 1 of 12 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent(s): _____________________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff 11.D.9 Packet Pg. 2465 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; • The applicant shall submit 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; and • 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. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ 11.D.9 Packet Pg. 2466 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ 11.D.9 Packet Pg. 2467 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and o ther properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) 11.D.9 Packet Pg. 2468 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ 11.D.9 Packet Pg. 2469 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 11.D.9 Packet Pg. 2470 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 11.D.9 Packet Pg. 2471 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 Cover letter briefly explaining the project 1 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Warranty Deed(s) 1 Boundary Survey 1 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TIS) or waiver 1 Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 11.D.9 Packet Pg. 2472 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 9 of 12 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson GMD Graphics City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Lockheart Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees 11.D.9 Packet Pg. 2473 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2474Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 11.D.9 Packet Pg. 2475 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 5/08/2018 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. 11.D.9 Packet Pg. 2476 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2477 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2478 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2479 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2480 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2481 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2482 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2483 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2484 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2485 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2486 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2487 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2488 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2489 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2490 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2491 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2492 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2493 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2494 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2495 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2496 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2497 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2498 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2499 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2500 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2501 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2502 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2503 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2504 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2505 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2506 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2507 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2508 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2509 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2510 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2511 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2512 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2513 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2514 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 11.D.9 Packet Pg. 2515 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 11.D.9 Packet Pg. 2516 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) LEGAL DESCRIPTION FOR YAHL MULCHING & RECYCLING SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A parcel of land lying in Section 31, Township 49 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter of the Southwest Quarter of Section 31, Township 49 South, Range 27 East; thence, along the North Line of the Southwest Quarter of the Southwest Quarter of said Section 31, S89º59’49”E, a distance of 343.00 Feet to the point beginning of the parcel of land herein described; thence, continuing along the North line of the Southwest Quarter of the Southwest Quarter of said Section 31, South 89º59’49”E, a distance of 1029.30 feet; thence South 02º04’30”E, a distance of 658.93 feet; thence North 89º58’14”W, a distance of 342.85 feet; thence South 02º05’32”E, a distance of 558.99 feet; thence North 89º57’41”W, a distance of 1029.48 feet; thence North 02º07’49”W, a distance of 558.60 feet; thence South 89º58’27”E, a distance of 343.20 feet; thence North 02º03’36”W, a distance of 658.67 feet to the point of beginning. Containing 1,252,915 square feet or 28.763 acres, more or less. 11.D.9 Packet Pg. 2517 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2518 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Section 2 11.D.9 Packet Pg. 2519 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) LETTER QF AUTHORIZATION TO WHOM IT MAY CONCERN ا hereby authorize jme|)lden<;G.,^rove Sc!ent!f!c &Eng!neering Co. (Name of Agent) to serve as my Agent in a request to amend ttie Co!!ier County Growth Management ρ!αη affecting property identified ¡n this App!îcat؛on. Signed: -Yentura Yah!, LLC, - (Name of Owner(s) of Record) Date: ا hereby certify that I have the authority to make the foregoing appücation, and that the appücation istrue, correct and comp!ete to the best of my ى»- Name - Typed or Printed STATE OF ( COUNTY OF ( ) )ailSworn to and subscribed before me this day of .,19. By:MY COMMfSS!ON EXPIRES: Notary Public CHOOSE ONE OF THE FOLLOWING: who is personally known to me, who has produced -as identification and did take an Oath did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.0، - False Official law states that: “Whoever knowingly makes a false statement in writing with ttie Intent to mislead a public servant In the performance of tils official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fi ne to a maximum of %500.00 and/or makmum of a sixty day jail term.” 11.D.9 Packet Pg. 2520 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Cặr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 []PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets If necessa^^. If the property ¡S 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: a. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership b. Ventura Yahl, Lie 10٥ If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address of Ownership Created 9/28/2017 Page 1 of 3 11.D.9 Packet Pg. 2521 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COLLIERCOUNTYGOVERNMENT GROWTHMANAGEMENTDEPARTMENT 2800NORTHHORSESHOEDRIVE NAPLES,FLORIDA34104 (239)252-2400FAX:(239)252-6358WWW.collierRov･net ．IfthepropertyisinthenameofaGEMERALo generaland/orlimitedpartners: listthenameoftherLIMITEDPARTNERSHIP, NameandAddress %ofOwnership ifthereisaCONIRACTFORPURCHASE,withanindividualorindividuaIs,aCorporation,e、 Trustee,oraPartnership,listthenamesofthecontractpurchasersbelowjincludingthe officers,stockholders,beneficiaries,orpartners: NameandAddress %ofOwnership DateofContract: f.|fanycontingencyclauseorcontracttermsinvoIveadditionalparties,Iistall individualsor officerS,ifacorporation,partnership,ortrust: NameandAddress Datesubjectpropertyacquired □Leased:Termoflease_ 9． years/months lf)Petitionerhasoptiontobuy,indicatethefollowing: Created9/28/2017 Page2of3 11.D.9 Packet Pg. 2522 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) sêrcoï^ CoLLIER COUNTY GOVERNMENT GRO١٨^H MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DR!VE NAPLES, FLOR.DA 34104 (239) 252-2400 FAX: (239) 252-6358 Date of option: - Date option terminates:. Anticipated closing date: or [لAFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change In ownership whether individually or with a Trustee, Company or other interest-holdin g party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant 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 necessary submittal information may result in the delay of processing this petition. Ihe completed application, all required submittal materials, and fees shall be submitted to: Growrth Management Department ΑΠΝ: Business Center 2800 North Horseshoe Drive Naples, FL 34104 - لaاme N. Calaf Agent/owner Name (please print) Created 9/28/2017 Page 3 of 3 11.D.9 Packet Pg. 2523 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2524 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2525 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) LEGAL DESCRIPTION FOR YAHL MULCHING & RECYCLING SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A parcel of land lying in Section 31, Township 49 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter of the Southwest Quarter of Section 31, Township 49 South, Range 27 East; thence, along the North Line of the Southwest Quarter of the Southwest Quarter of said Section 31, S89º59’49”E, a distance of 343.00 Feet to the point beginning of the parcel of land herein described; thence, continuing along the North line of the Southwest Quarter of the Southwest Quarter of said Section 31, South 89º59’49”E, a distance of 1029.30 feet; thence South 02º04’30”E, a distance of 658.93 feet; thence North 89º58’14”W, a distance of 342.85 feet; thence South 02º05’32”E, a distance of 558.99 feet; thence North 89º57’41”W, a distance of 1029.48 feet; thence North 02º07’49”W, a distance of 558.60 feet; thence South 89º58’27”E, a distance of 343.20 feet; thence North 02º03’36”W, a distance of 658.67 feet to the point of beginning. Containing 1,252,915 square feet or 28.763 acres, more or less. 11.D.9 Packet Pg. 2526 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2527 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Section 3 11.D.9 Packet Pg. 2528 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Date:8/8/2019 NARRATIVE STATEMENT CONDITIONAL USE MODIFICATION YAHL MULCHING & RECYCLING, INC. The Yahl Mulching & Recycling facility located on Washburn Avenue in Collier County, Florida is presently a horticultural and C&D recycling facility. The addition of an air curtain incinerator (ACI) desired for the property. This narrative is to support that the proposed CU modification will be in harmony with the general intent and purpose of the LDC, will be consistent with the GMP, and will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. It will also show how the site will be in compliance with all local, state and federal regulations and in harmony. Please find the following information to address compatibility issues and concerns for odor, noise, health and safety, fire safety, traffic and hurricane preparation. Previous approved CU The site has had a Provisional Use for excavation since 1991, resolution number 91-747. The site has also had four subsequent Conditional Uses related to mulching and recycling uses. 1. Resolution number 98-27, approved on January 27, 1998 for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2. Resolution number 2000-57, for an additional 5.19 acres, approved on February 22, 2000 for a Sawmill; 3. Resolution number 02-263, to expand to 27.9 acres, approved June 11, 2002 for a mulching and recycling facility. 4. CU-PL2010-166 to allow Construction and Demolition (C&D) recycling. Site Description and Maps The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Figure 1, General Location Map). The subject property is zoned "A", Rural Agricultural District and is vacant (See Figure 2, Aerial Map). The adjacent properties include agricultural land uses to the north and east, Collier County right-of-way to the south, and Collier County Landfill Facility, and a pavers company to the west, (See Figures 3 and 4, Existing Land Use and Zoning). The property is in the Agricultural/Rural Designation; Rural Fringe Mixed Use District (RFMUD); North Belle Meade Overlay (NBMO); Non-Natural Resource Protection Area (Non-NRPA). Sending Lands of the Collier County Growth Management Plan (GMP) Future Land Use Map (FLUM) (See Figure 5, Future Land Use Map). Additional Figures attached include a Soils Map, FLUCCS Map, and FEMA Flood Prone Area Map. 11.D.9 Packet Pg. 2529 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 Date:8/8/2019 The ACI is a safe and efficient method to burn wood debris. The ACI emits only heat, after a brief start-up period emitting smoke. The definition offered for an ACI: “Air curtain incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit, or above ground metal container with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit/container and a recirculating motion of air under the curtain.” The curtain of air prevents the release of smoke, that would otherwise come from an open burning of wood. Section 4 presents a manufactures’ cut sheet of the ACI unit proposed to be used by the facility. ACI Permits and Operation The proposed location of the ACI is depicted on the attached Development Plan, Sheet1, in the existing Horticultural Recycling Area, northeastern corner of the site. This location allows for the required Florida Forest Service (FFS) clearances and setbacks for an ACI, such as 50 feet from vegetation, and 300 feet from residential structures. These setbacks are depicted on Sheet 1. The proposed ACI operation will comply with the required FDEP Air permit, under Rule 62-212, and yard trash processing under Rule 62-709, a typical Air construction permit for an ACI in attached in Section 4. The subject ACI would be required to meet these permit conditions prior to operations. The facility will also comply with the Greater Naples Fire District and FFS ACI operational approvals. The hours of operation for the facility are 6:30 am to 5:00 pm Monday through Saturday. The ACI operation cannot begin before sunrise and must stop before sunset. An Operations Plan for the ACI and yard trash facility is included in Section 4. This is in contrast to open burning of wood, that creates significant smoke, odor, and air pollution. Odor & Noise Control The existing site layout lends itself to protect the neighbors from being exposed to the activities on the site. Setbacks, landscape buffers, and mulch piles all act to reduce noise emanating from the site operations. Other than the composting area to the northeast corner of the site, all other activities are located towards the landfill side of the site to the west. The offices and parking are adjacent to the roadway on the north. This layout minimizes the exposure of the neighbors to the recycling areas. The composting area has operated in this capacity without any complaints from the neighbors. Therefore, odor and noise will be minimized by the distance between them. There is a conservation area that buffers this activity from the neighbors to the east. There is also a large retention pond that is located to the east of the C&D recycling area to also provide a buffer. The operating hours for this site are similar to the landfill, therefore it will be conducted business during daylight hours, from 6:30 am to 5:00 pm, Monday through Saturday. Health & Safety, Fire Safety The portions of the site that are directly accessible to the rights-of-way have fencing installed to prevent the entry to the site which minimizes the probability of someone straying onto the property and getting injured. There is a 16-inch fire well, and three (3) standpipes for fire fighting installed on the property in case of a fire in accordance with the fire codes, see Site Plan, Sheet 1. There are 11.D.9 Packet Pg. 2530 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 Date:8/8/2019 keys provided in a box for emergency personnel to access in the site in case of emergency after normal operating hours. The site is gated and locked at night to secure the site. All of these provide for the health and safety of the neighboring properties. Traffic The owners of the property voluntarily paved and continue to maintain the private roadway named Washburn Avenue. This provides for a safe, durable surface for trucks to be able to enter the site and not cause a hazard to the local traffic in the area. This helps the local area and provides them with a clean, safe surface to drive upon and minimizes the dust that trucks can create on limerock roadways. The proposed ACI sue will not change the current traffic volume to the site. Existing customers waste will be reduced by the ACI method. The ACI operation may actually reduce traffic, since more wood will get burned, and less wood wastes would get transferred to off-site disposal locations. The previous Traffic Study is attached in Section 5, but there is not change from existing conditions. Hurricane Preparedness The site has developed a hurricane preparedness plan that requires all loose debris to be processed and secured prior to the approach of a storm. They have storage areas to group their containers in a manner to minimize storm impact on them. These areas are placed on the westerly side of the property away from the neighbors and towards the landfill. They have under roof storage that allows them to secure their equipment under a roof for protection. Growth Management Plan (GMP) Consistency Future Land Use Element (FLUE) The site is "partially cleared and improved" with "existing recycling facilities". The parcel zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay; and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Excavation" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved, and then the C&D recycling CU-PL2010-166 approved in 2011. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single-family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non-residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. 11.D.9 Packet Pg. 2531 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 Date:8/8/2019 The GMP provisions for Sending Lands' Conditional Uses are found [in part] on page 77 of the FLUE as: 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process (5) Facilities for resource recovery and for the collection, transfer, processing and r eduction of solid waste, for a 29± acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal. A small scale GMPA has been submitted concurrently with this CU mod., the allow the use of the ACI on a 3 acre portion of the site, so as not to be inconsistent with the “incinerating” portion of the FLUE section. Transportation Element The existing CU Traffic Impact Statement (TIS) was determined that this project can be found consistent with policies 5.1 of the Transportation Element of the Growth Management Plan. In order to find the Project consistent with the 'Needs' and 'Financially Feasible' maps found in the County's adopted Long-Range Transportation Plan (Maps 10-2 and 12-1, respectively), the following condition of approval was in the existing CU: 1. This project shall reserve 130 feet along the southern property boundary for future road right ofway. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. Therefore, the proposed Conditional Use for an ACI in the Agricultural/Rural designation should be found consistent with the Future Land Use Element of the Growth Management Plan. Conditional Use Criteria Compliance The following petition supports that the proposed CU modification will comply with: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 11.D.9 Packet Pg. 2532 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 Date:8/8/2019 1. Subsection 2.03.01 A.1.c.12., of the LDC permits Conditional Uses in the Rural Agricultural (A) zoning district. The requested use for an air curtain incinerator is permitted as a conditional use in the Rural Agricultural (A) zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Uses Procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC), see Site Development Plan and Operating Plans. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property is provided by six points along Washburn Avenue street frontage. One ingress and egress is provided along the portion of Washburn Avenue which runs north/south. Five ingress and egress points are provided along the portion of Washburn Avenue that runs east/west. One of these five ingress and egress points serves the scales located on the subject site and another serves as emergency access. Please note, that no new access points are proposed. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously stated, the Mulching and Horticultural Recycling use has been in existence since 1991, and C&D recycling since 2011 It has historically had minimal impact on neighboring properties in relation to glare, economic or noise effects. Furthermore, the proposed ACI operation will be located in the northeastern corner. The fan engine on the ACI is mufflered, and will not exceed County noise limits at the property line. The air curtain of the ACI machine prevents the release of open flames that could glare, or odors from smoke. This ACI use should have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. The subject site is located east of the Collier County Landfill. As previously stated, the recycling facility has been in existence for nearly 13 years. The proposed collection and transfer use for resource recovery (C&D Recycling) should be considered compatible with the adjacent properties in the district. FLUM designation is RFMUD Sending Lands. Agent notified of the need to address, as applicable: 11.D.9 Packet Pg. 2533 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 Date:8/8/2019 • Compliance with the FLUE/FLUM (Rural Fringe Mixed Use District Sending Lands); the proposed CU modification for an ACI use is allowable in this zoning district. • Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (LDC compatibility & complementary clause); the subject CU mod. compliant with this FLUE and LDC sections. • Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better Places – Community Character Plan); The proposed CU mod. is compliant with this GMP section. Traffic and Public Facilities With respect to Traffic and Public facilities, Section 5 provides the reports that supported the existing Conditional use. No added traffic is expected. With respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, Community and Regional Parks and Arteria-l & Collector Roads within the vicinity of the project, the proposed Amendment will not result in any of these facilities falling below the adopted level of service established by and in accordance with the Collier County Growth Management Plan and Section 6.02.01 of the LDC. The Collier County Sheriffs Department will provide police protection/law enforcement services. There is a Sheriff's substation located on Golden Gate Parkway, which is a shared facility housing Collier County EMS. As well, the Golden Gate Fire Department is located on Golden Gate Parkway and will service the area. Environmental, Historical & Archeological Considerations A Preliminary Environmental Assessment on the subject property has been conducted (See Section 5). A FLUCCS Map is presented as Figure 7. No listed species were observed on site. There is presence of jurisdictional wetlands on the subject property which are under a conservation easement, and have been defined and permitted with South Florida Water Management District (SFWMD) Permit No. 11-02649-P dated March 15, 2007. No conservation areas will be affected by this ACI use, see Site Plan Sheet 1. The Department of Environmental Protection has regulations requiring C&D recycling facility operators to obtain a specific permit, which provides groundwater monitoring, and financial assurance and to maintain a program of operator training. The groundwater monitoring required will ensure that the existing environmental conditions are maintained. A letter has been received from the State of Florida Division of Historic Resources with regard to historic, archaeological, or cultural resources that may be present on the site and is provided that no historical and/or archaeological sites will be impacted by development proposed on this site. 11.D.9 Packet Pg. 2534 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 Date:8/8/2019 NEIGHBORHOOD INFORMATION MEETING (NIM) The applicant will duly notice and hold the required NIM. An addressing checklist form is included in Section 1. 11.D.9 Packet Pg. 2535 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Figures 11.D.9 Packet Pg. 2536 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2537 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2538 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2539 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2540 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2541 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2542 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2543 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2544 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2545Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2546Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Section 4 11.D.9 Packet Pg. 2547 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Air Burners, Inc. S-327 Air Curtain Burner with Perkins 1104D.44T or Kubota V3600-TE Engine OPERATING MANUAL Page ii S-327 Front Deck (2017 Model) S-327 (2015/16 Model) 11.D.9 Packet Pg. 2548 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Air Burners, Inc. S-327 Air Curtain Burner with Perkins 1104D.44T or Kubota V3600-TE Engine OPERATING MANUAL Page 1 of 27 (Vers.08.03.17) PRINCIPLE OF AIR CURTAIN INCINERATION OPERATION Air curtain incinerators are designed primarily as a pollution control device. Using a Diesel engine driven fan, these machines generate a curtain of air with a very particu- lar mass flow and velocity. This curtain of air acts as a trap over the top of an earthen trench or thermo ceramic lined firebox. The wood debris is dumped into the trench or firebox and then ignited (usually with a propane torch or with a small amount of Diesel) just as you would light any other pile of wood you intended to burn. Once the fire has gained strength the air curtain is turned on. The air curtain traps most of the smoke particles and causes them to re-burn under the air curtain where the temperatures ex- ceed 1,800º F. These machines do not inject any fuels into the fire, the fire is sustained only by adding more wood waste. The air from the air curtain is not heated. The only fuel used in the continuous operation is that of the Diesel engine driven fan. 11.D.9 Packet Pg. 2549 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator Prepared for Yahl Mulching and Recycling, Inc. 2250 Washburn Avenue Naples, FL 34117 Prepared by Grove Scientific & Engineering Company 6140 Edgewater Drive, Suite F Orlando, Florida 32810 (407) 298-2282 August 2019 www.grovescientific.com 11.D.9 Packet Pg. 2550 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Table of Contents SECTION 1 INTRODUCTION ..................................................................... 3 1.0 Background ..................................................................................... 3 1.1 Current Activities ............................................................................. 3 1.3 Emergency Contacts ....................................................................... 4 SECTION 2 FACILITY MANAGEMENT ...................................................... 4 2.1 Access and Site Control .................................................................. 4 2.2 Operating Hours .............................................................................. 4 2.3 Equipment Available ........................................................................ 5 2.4 Available Staff .................................................................................. 5 2.5 Maximum Storage Volume of Land Clearing Debris ........................ 5 2.6 Inspection and Site Operating Procedures ....................................... 6 2.7 Ash Disposal Procedures................................................................. 7 2.8 Permit Requirements ....................................................................... 8 SECTION 3 FIRE PREVENTION AND CONTROL ................................... 11 3.1 Fire Prevention .............................................................................. 11 3.2 Fire Control Equipment .................................................................. 12 3.4 Fire Training .................................................................................. 13 3.5 Reporting Requirements ................................................................ 14 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY ................................................................................................................. 15 4.1 Registration ................................................................................... 15 4.2 FDEP Rule 62-709.320 F.A.C. ....................................................... 15 11.D.9 Packet Pg. 2551 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 SECTION 5 CLOSURE PLAN .................................................................. 19 5.1 Site Closure with The ACI In Operation ......................................... 19 5.2 Site Closure with the ACI not In Operation ..................................... 20 FIGURES: Site Plan- Figure 1 ATTACHMENTS: -Attachment 1- Air Permit (Example) Attachment 2- Florida Forest Service -ACI Regulations Attachment 3-Annual Yard Trash Registration Renewal Form 11.D.9 Packet Pg. 2552 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 SECTION 1 INTRODUCTION 1.0 Background Yahl Mulching and Recycling, Inc. owns and operates a yard trash and construction and demolition debris recycling operation on 28 acres. This operations plan focuses on the air curtain incinerator (ACI) at the subject facility used for the disposal and volume reduction of yard trash and land clearing vegetation. This plan will outline the proper operation of the ACI and yard trash processing facility in accordance with Collier County and permits issued by the Florida Department of Environmental Protection (FDEP) to operate the ACI pursuant to Rule 62-296, FAC, and other applicable rules. “Yard trash” is defined as vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood. 1.1 Current Activities The facility houses a yard trash and land clearing debris transfer and volume reduction operation using a proposed ACI and wood chipper. The operating conditions required by the yard trash recycling regulations are included in Section 4 of this plan. The operator will follow the conditions set forth in these permits and these conditions become part of the operating procedures of this plan. 11.D.9 Packet Pg. 2553 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 1.3 Emergency Contacts In case of emergency during off-hours, the following contacts should be followed in the order listed below: 1. Jeff Ekiss Cell (239) 471-9803 SECTION 2 FACILITY MANAGEMENT 2.1 Access and Site Control The entrance is located on 2250 Washburn Avenue and is secured by a locked gate, see attached Site Plan. This is the only entrance and exit for the property and the perimeter security fence. During operating hours, trucks delivering debris are directed by the site operator to the staging piles (See inspection procedures below). During non-operating hours, the gate is locked. 2.2 Operating Hours The site accepts debris from 6:30 a.m. – 5:00 p.m., weather permitting, Monday thru Saturday. Operational hours may be extended for a storm event. If the site is accepting waste, the site access is controlled as stated above. The ACI operation hours may vary from 7:00 am to 7:00 pm. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning 11.D.9 Packet Pg. 2554 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 and ending times of charging 2.3 Equipment Available The site currently has available; o An excavator o A front-end loader equipped with rakes and buckets o A 500 Gallon water truck. This equipment is used to manage the debris, load the ACI and remove the ash from the ACI. 2.4 Available Staff The site is operated using between 2 and 5 employees based on daily demands. 2.5 Maximum Storage Volume of Land Clearing Debris The site will store up to 150 loads of vegetative debris at 40 cubic yards per load or approximately 6000 cubic yards. The following materials are not included in this volume: • soil • concrete • aggregate • anything non-vegetative Yard trash received at the facility shall be transferred, size-reduced or incinerated within 12 months, or removed as a recycled product. 11.D.9 Packet Pg. 2555 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 2.6 Inspection and Site Operating Procedures 1. When a load of debris arrives at the facility, the site operator will direct the driver where to dump the load. 2. Once the load is dumped, it is manually and visually checked for unsuitable materials. Unsuitable materials include: treated wood, painted wood, paper, trash, tires, garbage, plastics, liquid waste, biomedical waste, hazardous waste, metal and other similar non- yard trash materials. Unsuitable materials are separated from the debris and immediately stored in a container for removal from the site for proper disposal or recycling. 3. The sorted debris is then stored in drying piles until sufficiently dry to load into the ACI. 4. Soil from the debris piles is separated into piles for future use on or off the site. 5. ACI operators will be trained on the proper operation of the ACI and on the air permit requirements. 6. For the first load of the day, the ACI operator will note the wind speed and direction as well as review the daily weather forecast. If the forecasted conditions are not favorable (high wind or rainstorms), the operator will not load the ACI. 7. If forecasted conditions are favorable, the ACI operator will pre-load the ACI with approximately 5 tons of clean dry debris. Favorable conditions mean the wind is less than 15 mph. Unfavorable conditions are wind over 15 mph. 11.D.9 Packet Pg. 2556 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 8. The ACI operator will start the diesel engine before lighting the fire to assure it will operate. Let the engine idle and warm-up while proceeding with the startup. 9. The ACI operator will use only clean fuel oil (No. 1 or 2) or hot coals from a previous burn to start the fire in the ACI. 10. Once the fire ignites, the ACI operator will increase the engine speed and engage the fan. 11. Dry vegetative debris is loaded into the ACI at a rate not to exceed 11 tons/hr. 12. The ACI operator will maintain a log of the start time of the ACI, each load and estimated weight loaded into the ACI, and the time the last load went into the ACI. The operator will also document approximate wind speed and direction at the start of the day and at the last load of the day. The operator will note in the daily log if the ACI was stopped because of a shift in wind speed and or direction. 13. This log will be maintained at the office and records tabulated on a monthly basis. 2.7 Ash Disposal Procedures 1. Ash will be removed only after it has cooled completely. DO NOT REMOVE HOT EMBERS AS THIS CAN START A FIRE! 2. Place the cool ashes on the soil piles and mix thoroughly with soil to prevent the ash from blowing around the site. 3. Ash is used as a soil amendment and sold as top soil. 11.D.9 Packet Pg. 2557 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 2.8 Permit Requirements The air permit has specific conditions that we must meet as part of our operation of the ACI. Each of these specific conditions must be followed to remain in compliance. The air permit is included in Attachment 1. Some of these operating conditions are summarized below: • The only materials that shall be burned in the air curtain incinerator are 100 percent wood waste, 100 percent clean lumber, and 100 percent mixture of only wood waste, clean lumber, and/or yard waste. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. • In no case, shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. 11.D.9 Packet Pg. 2558 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 • The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator. • The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. • The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. • Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. • An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. • Visible Emissions Standard: The emission limitations for this emission unit are as follows: Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed 2.9 CCA-Treated Wood Segregation The Yahl Mulching and Recycling yard trash facility will recycle or process 11.D.9 Packet Pg. 2559 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 only clean, untreated wood. Painted, treated (preserved), or contaminated wood will not be recycled. Chromated copper arsenate (CCA) pressure treated wood will not be accepted for recycling. CCA-treated wood is defined in DEP Rule 62-701.200(11) as lumber, timber, or plywood treated with chromated copper arsenate. The term does not include utility poles unless they have been ground, chipped, or shredded. The criteria below will be used to identify CCA-treated wood so that it may be separated from other C&D wastes. The spotters will make reasonable efforts to separate the following common CCA-treated wood products from the waste stream: • all C&D wastes that are wood fencing, decking, or pressure treated lumber (such as 4"x4" posts); • wood with a greenish color; and • other known outdoor use wood products. The facility gate attendee will reject known segregated loads of CCA- treated wood wastes. Spotters or operators that identify any CCA-treated wood by the methods above, will remove the wood from the processing area and place it into a reject waste container for proper disposal in a lined landfill. 11.D.9 Packet Pg. 2560 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 SECTION 3 FIRE PREVENTION AND CONTROL 3.1 Fire Prevention As stated in the previous section, when cleaning ash out of the ACI, make sure the ash is cool and has no hot embers that can cause a fire on the site. The site operator should control activities that can cause fire such as, but not limited to, the following: • smoking by the debris piles and disposal of tobacco products • welding, cutting or brazing activities near debris piles, such as equipment repair • use of electrical cords or equipment near debris piles • composting of vegetative matter that can spontaneously combust when piles are disturbed • parking vehicles with hot exhaust pipes on dry vegetation The site operator must be observant of dry conditions that have the potential to cause a spontaneous combustion threat for the debris piles. This includes hot and dry weather conditions and alerts issued by the fire department of forest service, piles of vegetation that are composting due to their age and composition. In the case of old vegetation that has the potential to spontaneously combust, these piles should be burned as a priority in the ACI. 11.D.9 Packet Pg. 2561 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 Operator shall also obtain required approvals from the Greater Naples Fire District, and follow the ACI regulations in the 2014 Florida’s Forest fire Laws and Open Burning Regulations, Florida Forest Service, see Attachment 2. 3.2 Yard Trash Fire Controls The site has the following features to help contain any fires that occur so that they may dealt with quickly and safely. • An all-weather access road at least 20-feet wide is maintained around the perimeter of the yard trash processing facility. • Interior lanes between wood storage piles of at least 20-feet wide will be maintained, see Site Plan. • All parts of the wood material storage areas will be within 50 feet of access by motorized fire fighting equipment. • Yard trash, and processed wood piles will be no higher than 25 feet. 3.2 Fire Control Equipment The following equipment is available on site to fight fires: 1. A 500 Gallon water truck 2. Fire extinguishers 3. A front-end loader equipped with rakes and buckets, 4. Soil piles. 5. 16 -inch diameter water supply well, 6. 2-inch diameter water supply stand pipes close to yard trash piles 11.D.9 Packet Pg. 2562 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 and ACI, see Site Plan. In the event of a fire starting out side of the ACI, the operator should first use a fire-extinguisher to suppress the fire. The operator should communicate the emergency to other site personnel to mobilize the water truck. The water truck should be used to completely extinguish the fire. Soil suppression may also be used. If the fire is not controlled or threatens to spread, immediately call the Collier County Fire Department by: DIAL 911 Site operators should only fight fires that are within their ability. Call 911 first, then fight the fire if it is within your ability. Warning!!! Do not put yourself in danger fighting the fire. Wait for the Fire Department to respond. 3.4 Fire Training The site operators will conduct in-house fire training periodically. The training will include; 1. where the equipment is located, 2. how it works, and 3. what to do in case of a fire. 11.D.9 Packet Pg. 2563 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 4. During this training the equipment will be inspected for operating condition and repaired as needed. Fire training will include a site visit by the local fire department to brief the operators on how to respond to small fires to prevent them from spreading. Large fires caused by lightening, spontaneous combustion or other reasons out of the control of the operator will be handled by the professional fire- fighters. 3.5 Reporting Requirements In case of a fire or other malfunction of the ACI that causes the site to not comply with either the air permit or yard trash registration, you must contact the Florida Department of Environmental Protection (FDEP) at 239-344- 5600. You must also follow up with a malfunction report to include the following information; a. description of and cause of non-compliance; b. the period of non-compliance, including the anticipated time the non- compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. This report should be addressed to; FDEP South District Compliance Section 2295 Victoria Ave. Ft. Myers, Florida 33901 11.D.9 Packet Pg. 2564 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY 4.1 Registration The facility shall be registered as a “Yard Trash Recycling Facility” with the FDEP. As a result of this registration, there are specific facility, operational and record keeping requirements in Rule Chapter 62-709.320 F.A.C. These requirements are summarized below in Section 4.2 and are enforceable permit conditions. 4.2 FDEP Rule 62-709.320 F.A.C. (2) Design and operating requirements. (a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include: 1. An effective barrier to prevent unauthorized entry and dumping into the facility site; (The site is fenced and gated and locked after hours with a tennant living on site.) 2. Dust and litter control methods; (A water truck is used to wet down the haul road and yard to control dust. Litter is collected by hand as needed.) 11.D.9 Packet Pg. 2565 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 3. Fire protection and control provisions to deal with accidental burning of solid waste, including: a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site; (A 20 foot wide all weather access road will be provided.) b. None of the processed or unprocessed material shall be mechanically compacted; and (The facility does not use a compactor.) c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment. (The aisels between the yard trash and wood piles will be designed and constructed to comply with this requriement.) d. The facility shall be operated in a manner to control vectors. (The facility does not collect garbage so vectors have never been a problem.) e. The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. (This is accomplished by only burning wood during favorable weather conditions, no composting.) f. Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded. (Ditches will be maintained to keep water flowing.) 11.D.9 Packet Pg. 2566 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 g. Solid waste received at a registered facility must be processed timely as follows: 1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site. (The facility will maintain the processing, transfer or ACI burn schedule to keep wood waste volumes to less than 12,000 cubic yards.) 2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt. (The facility does not accept any of these materials.) h. If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater. (The facility only accepts yard trash and land clearing material from a limited custormer base. If unacceptable wastes are discovered in a load, the waste will be 11.D.9 Packet Pg. 2567 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 contanerized and removed from the site for proper disposal.) i. When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. (The facility will follow this closure plan , but has no intensions of closing in the foreseeable future. See Section 5.) (3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule. (c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1, see Attachment 3. (d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year. 11.D.9 Packet Pg. 2568 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 (4) Record keeping and reporting. (a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), see Attachment 3. The form can all be obtained from the Department web page at: http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials. SECTION 5 CLOSURE PLAN 5.1 Site Closure with The ACI In Operation In the event the facility needs to shut down the land clearing debris operations the following procedure will be followed: 1. Immediately stop excepting land clearing debris. No more loads will be brought onto the site. Continue transfer, processing or using the 11.D.9 Packet Pg. 2569 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 ACI to burn the stock-piled debris. It is estimated that it would take 4-6 months to burn 6000 cubic yards of vegetation. 5.2 Site Closure with the ACI not In Operation In the event that the site must be closed without the use of the ACI, the owners have trucking contractors that can haul the debris to the County landfill. On-site equipment will be used to load the trucks. 11.D.9 Packet Pg. 2570 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 21 FIGURES 11.D.9 Packet Pg. 2571 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2572Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 22 ATTACHMENT 1 AIR PERMIT 11.D.9 Packet Pg. 2573 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) www.dep.state.fl.us Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary PERMITTEE NSB Recycling, LLC 2932 West Park Avenue Edgewater, Florida 32132 Authorized Representative: Paul Ames, President Air Permit No. 1270223-001-AC Permit Effective: 02/21/2018 Permit Expires: 04/01/2020 Minor Air Construction Permit Edgewater Facility Initial Construction Permit PROJECT This is an initial air construction permit, which authorizes the construction and installation of an air curtain incinerator, a wood tub grinder, a wood mulch screener, and three non-emergency engines. The proposed work will be conducted at the new Edgewater facility, which is a wood recycling plant categorized under Standard Industrial Classification No. 0851. The new facility will be located in Volusia County at 2932 West Park Avenue in Edgewater, Florida. The UTM coordinates are Zone 17, 506.07 km East and 3205.73 km North. This final permit is organized into the following sections: Section 1 (General Information); Section 2 (Administrative Requirements); Section 3 (Emissions Unit Specific Conditions); and Section 4 (Appendices). Because of the technical nature of the project, the permit contains numerous acronyms and abbreviations, which are defined in Appendix A of Section 4 of this permit. STATEMENT OF BASIS This air pollution construction permit is issued under the provisions of: Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, 62-204, 62-210, 62-212, 62-296 and 62-297 of the Florida Administrative Code (F.A.C.). The permittee is authorized to conduct the proposed work in accordance with the conditions of this permit. This project is subject to the general preconstruction review requirements in Rule 62-212.300, F.A.C. and is not subject to the preconstruction review requirements for major stationary sources in Rule 62-212.400, F.A.C. for the Prevention of Significant Deterioration (PSD) of Air Quality. Upon issuance of this final permit, any party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department of Environmental Protection in the Office of General Counsel (Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000) and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice must be filed within 30 days after this order is filed with the clerk of the Department. 11.D.9 Packet Pg. 2574 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DRAFT PERMIT NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 2 of 13 EXECUTION AND CLERKING Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Signature) (DRAFT) _________________________ DATE 2018 Kimberly Rush, P.E. Permitting and Waste Cleanup Program Administrator CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Paul Ames, NSB Recycling, LLC, sitecontractor1@yahoo.com Bruno Ferraro, Grove Scientific & Engineering Company, bruno@grovescientific.com Glen Semanisin, Grove Scientific & Engineering Company, glenn@grovescientific.com FDEP Central District: Kimberly Rush, Wanda Parker-Garvin, Morgan Hampton, Sirena Davila FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (Signature) DATE, 2018 (Clerk) (Date) 11.D.9 Packet Pg. 2575 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 1. GENERAL INFORMATION (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 3 of 13 PROPOSED PROJECT NSB Recycling, LLC proposes to construct and operate a wood recycling facility. This project will add the following emissions units. Facility ID No. 1270223 ID No. Emission Unit Description EU 001 Air Curtain Incinerator EU 002 Wood Tub Grinder EU 003 Screening Operations EU 004 Three Non-Emergency Stationary Compression Ignition (CI) Reciprocating Internal Combustion Engines (RICE) subject to NSPS Subpart IIII FACILITY REGULATORY CLASSIFICATION • The facility is not a major source of hazardous air pollutants (HAP). • The facility does not operate units subject to the acid rain provisions of the Clean Air Act (CAA). • The facility is not a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. • The facility is not a major stationary source in accordance with Rule 62-212.400(PSD), F.A.C. • This facility is a synthetic minor source of air pollution for nitrogen oxides (NOx). PERMIT HISTORY/AFFECTED PERMITS This is the initial Construction Permit for this facility. 11.D.9 Packet Pg. 2576 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 4 of 13 1. Permitting Authority: The permitting authority for this project is the Florida Department of Environmental Protection, Central District Waste Cleanup and Permitting Programs. The Central District’s mailing address and phone number is: Florida Department of Environmental Protection Central District Office 3319 Maguire Boulevard, Suite. 232 Orlando, FL 32803-3767 Telephone: 407-897-4100 Except as otherwise specified in this permit, the required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Department in a digital format via electronic mail, CD or DVD, or through file transfer site, when practicable. The electronic mail address is DEP_CD@dep.state.fl.us. All submittals shall clearly identify the Air Permit No. 1270223-001-AC. 2. Compliance Authority: All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Central District’s Compliance Assurance Program. (Use the above mailing or e-mail address). 3. Appendices: The following Appendices are attached as a part of this permit: Appendix A (Citation Formats and Glossary of Common Terms); Appendix B (General Conditions); Appendix C (Common Conditions); and Appendix D (Common Testing Requirements); Appendix NSPS, Subpart A – General Provisions; Appendix NSPS Subpart CCCC- Standards of Performance for commercial and Industrial Solid Waste Incineration Units; Appendix NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines. 4. Applicable Regulations, Forms and Application Procedures: Unless otherwise specified in this permit, the construction and operation of the subject emissions units shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403, F.S.; and Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296 and 62-297, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. 5. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 6. Modifications: The permittee shall notify the Compliance Authority upon commencement of construction. No new emissions unit shall be constructed and no existing emissions unit shall be modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Rules 62-210.300(1) and 62-212.300(1)(a), F.A.C.] 7. Construction and Expiration: The expiration date shown on the first page of this permit provides time to complete the physical construction activities authorized by this permit, complete any necessary compliance testing, and obtain an operation permit. Notwithstanding this expiration date, all specific emissions limitations and operating requirements established by this permit shall remain in effect until the facility or emissions unit is permanently shut down. For good cause, the permittee may request that that a permit be extended. Pursuant to Rule 62-4.080(3), F.A.C., such a request shall be submitted to the Permitting Authority in writing before the permit expires. [Rules 62-4.070(4), 62-4.080 & 62-210.300(1), F.A.C.] 8. Application for Non-Title V Air Operation Permit: This permit authorizes construction of the permitted emissions units and initial operation to determine compliance with Department rules. A Non-Title V air operation permit is required for regular operation of the permitted emissions unit. The permittee shall apply for a Title V air operation permit at least 90 days prior to expiration of this permit, but no later than 180 days 11.D.9 Packet Pg. 2577 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 5 of 13 after commencing operation. To apply for a Non-Title V air operation permit, the applicant shall submit the following: a. the appropriate permit application form (see current version of Rule 62-210.900, F.A.C. (Forms and Instructions), and/or FDEP Division of Air Resource Management website at: http://www.dep.state.fl.us/air/ ); b. the appropriate operation permit application fee from Rule 62-4.050(4)(a), F.A.C.; c. copies of the most recent compliance test reports required by Specific Condition No. xx, if not previously submitted; (if applicable) d. copies of the most recent two months of records/logs specified in Specific Condition No. A.11, B.5 and C.14. [Rules 62-4.030, 62-4.050, 62-4.070(3), 62-4.090, 62-4.220, 62-210.300(2), and 62-210.900, F.A.C.; Chapter 62-213, F.A.C.] 9. NOx Emission Limitation – The maximum facility-wide NOx emissions from this facility shall not exceed 90 tons per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] {Permitting Note: Compliance with this limitation will be based on the limitation of hours of operation for the Air Curtain Incinerator and its engine, as well as recordkeeping. Refer to Specific Conditions A.2 and C.2.} 11.D.9 Packet Pg. 2578 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 6 of 13 This section of the permit addresses the following emissions unit. EU No. Emission Unit Description 001 Air Curtain Incinerator: The proposed ACI is an Air Burners Model S-327 rated at 6-10 tons per hour of wood waste or equivalent. The skid-mounted fire box dimensions are 27’ x 8’ x 8’. The blower fan is powered by an 85 hp, 4-cynlinder diesel motor that is certified US EPA Tier 3 compliant (contained in Emission Unit 004). Only clean wood waste and clean lumber (non-painted and non-treated) will be burned in this ACI. {Permitting Note: The air curtain incinerator is subject to 40 CFR Part 60, CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is commenced on or after June 1, 2001, which is adopted and incorporated by reference at Rule 62-204.800, F.A.C} EQUIPMENT 1. Equipment Name: The permittee is authorized to install the Air Burners Model S-327 air curtain incinerator or equivalent. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation for the emission unit shall not exceed 3,000 hours per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 3. Restricted Operation: The following operational conditions must be adhered to: 1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply. 2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve (12’) wide, between eight (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill. 3. Except as provided herein and at subparagraph 4, the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tired, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquified petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 4. Notwithstanding the provisions of subparagraph 3, the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 11.D.9 Packet Pg. 2579 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 7 of 13 5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning and ending times of charging. 6. The air curtain incinerator shall be attended at all times while materials are being burned or flame are visible within the incinerator. 7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. 8. The material shall not be loaded into the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 9. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. [Rule 62-296.401(7)(b), F.A.C., 40 CFR 60.2045] EMISSIONS STANDARDS 4. Visible Emissions Standards: The emission limitations for this emission unit are as follows: outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, and during startup periods, which shall not exceed the first thirty-five percent (35%) shall be allowed. [Rule 62-296.401(7), F.A.C. and 40 CFR 60.2050] TESTING REQUIREMENTS 5. Initial Compliance Tests: The emissions unit shall be tested to demonstrate initial compliance with the visible emissions standards contained in condition A.4. The initial tests shall be conducted within 60 days after achieving permitted capacity, but not later than 180 days after initial operation of the unit. The required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that is subject to a multiple-valued opacity standard. The Method 9 opacity observance of the highest six-minute averaging time in accordance with 62-297.310(5)(b) shall be considered as meeting the compliance demonstration of 40 CFR 60.2250(a) and (b) [Rules 62-4.070(3) 62-296(7)(d)1, 62-297.310(5)(b), F.A.C. and 40 CFR 60.2050] 6. Annual Compliance Tests: During each calendar year (January 1st to December 31st), the emissions unit shall be tested to demonstrate compliance with the visible emissions standards contained in condition A.4. [Rules 62-4.070(3), 62-296(7)(d)1, 62-297.310(8)(a)1, F.A.C. and 40 CFR 60.2050] 7. Test Requirements: The permittee shall notify the Compliance Authority in writing at least 15 days prior to any required tests. Tests shall be conducted in accordance with the applicable requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(9), F.A.C.] 8. Test Methods: Required tests shall be performed in accordance with the following reference methods. Method Description of Method and Comments 9 Visual Determination of the Opacity of Emissions from Stationary Sources The above methods are described in Appendix A of 40 CFR 60 and are adopted by reference in Rule 62- 204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; and Appendix A of 40 CFR 60] NOTIFICATION REQUIREMENTS 9. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Air Curtain Incinerator no later than 11.D.9 Packet Pg. 2580 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 8 of 13 five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 10. Test Reports: The permittee shall prepare and submit reports for all required tests in accordance with the requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(10), F.A.C.] 11. Monthly Recordkeeping Requirements: In order to demonstrate compliance with Specific Condition Nos. A.2. and A.3, the permittee shall maintain a log at the facility for a period of at least five (5) years from the date the data is recorded and made available to the Department upon request. The log shall contain the following: a) Facility Name, Facility ID No. (i.e. NSB Recycling, Inc., facility, Facility ID 1270223) b) Designation of the month and year of operation for which the records are being tabulated; c) Monthly and consecutive 12-month rolling total of wood waste burned (tons/consecutive 12- month period); d) Total hours of operation for the month (hours/month); e) Consecutive 12-month rolling total hours of operation (hours/consecutive 12-month period); f) Daily beginning and ending times of charging; The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven (11) months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities that have not been operation for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR Part 60.2260] 12. Additional Recordkeeping Requirements: Records specified in Specific Condition No. A.11. (previous condition) must document the method, calculations, and formulas used in determining the usage rate and the emission rate. All calculations, including those used to derive emissions, must be clearly documented, and may be presented in the form of a template of sample calculations. The records must be made available for review on site by the Department. [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2581 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) B. EU 002 & EU 003 – Wood Tub Grinder and Screening Operations NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 9 of 13 This section of the permit addresses the following emissions units. EU No. Emission Unit Description 002 Wood Tub Grinder: The proposed equipment for the wood tub grinder is a portable Continental Biomass Industries (CBI) Model 6800 portable grinder (or equivalent) powered by a Tier 4 Caterpillar C27 diesel engine providing power (contained in Emission Unit 004). This tub grinder is rated at 150 tons per hour 003 Screening Operations: The proposed equipment for the screening operations include a portable McCloskey R105 Screener (or equivalent) equipped with a 100 hp Caterpillar Tier 3 diesel engine providing power (contained in Emission Unit 004). Ground wood is loaded into a 6-cubic meter hopper (approximately 2 tons of wood) at rate 20 tons per hour where it is screened on a shaker to separate out the fine particles. EQUIPMENT 1. Equipment Name: The permittee is authorized to install a wood tub grinder and a wood mulch screener. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation are not limited (8,760 hours per year. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] EMISSIONS STANDARDS 3. Visible Emissions Standards: Visible emissions from each emissions source are limited to less than 20 percent opacity. [Rule 62-296.320(4)(b)1 F.A.C.] NOTIFICATION REQUIREMENTS 4. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Wood Tub Grinder and Screener no later than five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 5. Monthly Log: In order to demonstrate compliance with the limitations of Specific Conditions No. B.2., the permittee shall maintain a monthly log at the facility for a period of at least five years from the date the data is recorded. The monthly summary of the log, at a minimum, shall contain the following: a. Facility Name, Facility ID No. (i.e., NSB Recycling, Inc., Facility ID 1270223); b. Designation of the month and year of operation for which the records are being tabulated; c. Monthly total and Consecutive 12-month total of hours of operation for both the EU 002 and EU 003 [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2582 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 10 of 13 This section of the permit addresses the following emissions unit. EU No. Brief Description 104 Non-Emergency Stationary CI RICE Subject to NSPS Subpart IIII. This emissions unit is comprised of non-emergency stationary CI RICE manufactured after April 1, 2006, or modified or reconstructed after July 11, 2005, located throughout the site. All of these non-emergency stationary CI RICE are subject to the requirements of the NSPS contained at 40 CFR 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, adopted in Rule 62.204.800(8)(b), F.A.C. The engines are considered to be regulated; they are not insignificant, exempt, or non-regulated. This permit incorporates a non-emergency C27 CAT diesel powered generator, incorporated with the ACI. In addition, a D100-6 diesel drive motor engine and a Kubota 3600 diesel engine are associated with the wood tub grinder and screener. Emissions are based on emission factors provided by Caterpillar for Tier 4 engines. Description Location Make and Model Description, Power Rating (kW) Engine HP Tier Rating Manufactured Year ACI Engine Kubota 3600 (63 Kw) or equivalent 85 Tier 3 2008-2013 Tub Grinder Engine Caterpillar C27 (750 Kw) or equivalent 1020 Tier 4 ≥2014 Screener Engine Caterpillar C100-6 (100 Kw) or equivalent 100 Tier 3 2007-2014 {Permitting Note: These compression ignition reciprocating internal combustion engine (CI RICE) are regulated under 40 CFR 63, Subpart ZZZZ, NESHAP for Stationary RICE and 40 CFR 60, Subpart IIII, NSPS for Stationary Compression Ignition RICE, adopted in Rules 62.204.800(11)(b) and (8)(b), F.A.C., respectively. They are considered “new” stationary non-emergency CI RICE located at an area source of HAP, that have been modified, reconstructed or commenced construction on or after 6/12/2006, and that have a post-2007 model year. In accordance with provisions of 40 CFR 63.6590(c)(6), meeting the requirements of 40 CFR 60, Subpart IIII, satisfies compliance with the requirements of Subpart ZZZZ. As non-emergency use engines located in Volusia County, these CI RICE are not subject to the VOC and NOX RACT requirements contained in Rules 62-296.500 and 570, F.A.C.} EQUIPMENT 1. Equipment Installation: The permittee is authorized to install three non-emergency stationary CI RICE as described above or equivalent. [Application No. 1270223-001-AC, received January 28, 2018, revised Application information received February 14, 2018, and Rule 62-210.200(225), “Potential to Emit,” F.A.C.] 2. Optional Model Year Installation: As an alternative dependent on availability of engine models, the permittee may elect to install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engine [604204(b), 60.4201(a) and 40 CFR 1039.101]. PERFORMANCE RESTRICTIONS 3. Restricted Operation: a. The hours of operation are limited to 3,000 hours per year for the ACI engine (Kubota 3600 (63 kw)) b. The hours of operation not limited (8,760 hours per year) for the Tub Grinder and Screener engines [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 11.D.9 Packet Pg. 2583 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 11 of 13 4. Authorized Fuel: These Stationary Reciprocating Internal Combustion Engines (RICE) must use diesel fuel that meets the following requirements for non-road diesel fuel: a. Sulfur Content. The sulfur content shall not exceed 15 ppm = 0.0015% by weight (ultra-low sulfur) for non-road fuel. b. Cetane and Aromatic. The fuel must have a minimum cetane index of 40 or must have a maximum aromatic content of 35 volume percent. [40 CFR 60.4207(b), 80.510(b)] EMISSION STANDARDS 5. Emissions Standards: Exhaust emissions from these non-emergency CI RICE shall not exceed the levels for each pollutant shown in the table below: ID Engine HP Engine kW Model Year Emissions Limit Rule Reference Emissions Limits, g/kW-hr NOX+ NMHC NOx NM HC CO PM ACI Engine (Kubota) 85 60 2008-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4.7 5.0 0.4 Screener Engine (Caterpillar D100-6) 100 100 2007-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4 5 0.3 Tub Grinder engine (Caterpillar C27) 1000 750 Post 2014 60.4204(b), 60.4201(a) and 40 CFR 1039.101 3.5 0.19 3.5 0.4 {Permitting Note: The Permittee has indicated that as an alternative, dependent on market availability, the permittee may install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engines as referenced in Table 1 of 40 CFR 1039.101.} TESTING REQUIREMENTS 6. Compliance Requirements Due to Loss of Certification: If the owner or operator does not install, configure, operate, and maintain the engine or control device according to the manufacturer's emission-related written instructions, or if the owner or operator changes emission-related settings in a way that is not authorized by the manufacturer, the owner or operator must demonstrate compliance by the following four actions: a. The owner or operator must keep a maintenance plan and records of conducted maintenance. b. The owner or operator must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. c. In addition, the owner or operator must conduct an initial performance test to demonstrate compliance with the applicable emission standards: 1) within 1 year of startup, or 2) within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or 3) within 1 year after you change emission-related settings in a way that is not authorized by the manufacturer. d. The owner or operator must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards in Specific Condition C.5. 7. Testing Requirements: In the event performance tests are required pursuant to Specific Condition C.6., the following requirements shall be met: a. Testing Procedures. The performance test must be conducted according to the in-use testing procedures in 40 CFR Part 1039, Subpart F. 11.D.9 Packet Pg. 2584 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 12 of 13 b. Not to Exceed (NTE) Numerical Requirements. Exhaust emissions from these engines must not exceed the NTE numerical requirements, rounded to the same number of decimal places as the applicable standard in Specific Condition C.4., determined from the following equation: NTE Numerical Requirement for Each Pollutant = (1.25) x (applicable standard from C.5) [40 CFR 60.4212(a) and (c)] 8. Test Requirements: In the event performance tests are required pursuant to Specific Condition C.6., or as otherwise requested by FDEP, tests shall be conducted in accordance with the applicable requirements specified in Specific Condition C.7. and Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310, F.A.C.] MONITORING REQUIREMENTS 9. Operation and Maintenance: The owner or operator must operate and maintain the stationary combustion ignition internal combustion engine according to the manufacturer's written instructions or procedures developed by the owner or operator that are approved by the engine manufacturer. In addition, owners and operators may only change those settings that the manufacturer authorizes to be changed. This engine must be maintained and operated to meet the emissions limits in Specific Conditions C.5. over the entire life of the engine. [40 CFR 60.4206, 4211(a)(1), (2) and (3)] 10. Engine Certification Requirements: The owner or operator complies with the emissions standards specified above by having purchased an engine certified by the manufacturer to meet those limits. The engine must have been installed and configured, as well as, continued to be maintained, according to the manufacturer’s emission-related specifications, except as permitted in Specific Condition C.6 as a result of loss of engine Certification. [40 CFR 60.4211(c)] 11. Hour Meter: The owner or operator must properly maintain the installed non-resettable hour meter. [40 CFR 60.4209(a)] NOTIFICATION REQUIREMENTS 12. Notification of Operation Commencement and Engine Certification: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the each of these CI RICE no later than five (5) business days after that date. The notification shall include a copy of the manufacturer’s certification for each of the CI RICE. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 13. Maintenance Records: To demonstrate conformance with the manufacturer’s written instructions for maintaining the certified engine and to document when compliance testing must be performed pursuant to Specific Condition C.6., the owner or operator must keep the following records: a. Engine manufacturer data indicating compliance with the standards. b. A copy of the manufacturer’s written instructions for operation and maintenance of the certified engine. c. A written maintenance log detailing the date and type of maintenance performed on the engine, as well as any deviations from the manufacturer’s written instructions. The log may be kept and maintained electronically. [Rule 62-213.440(1), F.A.C.] 14. Monthly Recordkeeping Requirement: The permittee shall maintain a monthly log at the facility for a period of at least five (5) years from the date the data are recorded. The log, at a minimum, shall contain the following: a. Date (month/year); b. Type of fuel used; 11.D.9 Packet Pg. 2585 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 13 of 13 c. Certification from the fuel supplier. The fuel certifications shall include the following information for distillate oil: 1) The name of the oil supplier and either 2) and 3), or 4) following. 2) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c of 40CFR 60, Subpart Dc; and 3) The sulfur content or maximum sulfur content of the oil; or 4) Documentation that the fuel is ultra-low sulfur diesel (e.g., fuel delivery receipt). d. Consecutive 12-month total of operational hours for each CI RICE comprising EU 004 The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities or emission units that have not been operating for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR 60.4214] 11.D.9 Packet Pg. 2586 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. APPENDICES Contents American Cement Company, LLC Air Permit No. 1190042-014-AC Permit Modification Air Construction Permit Appendix A. Citation Formats and Glossary of Common Terms Appendix B. General Conditions Appendix C. Common Conditions Appendix D. Common Testing Requirements Appendix E. NSPS, Subpart A – General Provisions Appendix F. 40 CFR 60 Subpart CCCC-Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Appendix G. NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines 11.D.9 Packet Pg. 2587 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 23 ATTACHMENT 2 Florida Forest Service ACI Rules 11.D.9 Packet Pg. 2588 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2589 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2590 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 24 ATTACHMENT 3 FDEP Registration & Annual Report Form 11.D.9 Packet Pg. 2591 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 1 of 2 DEP Form # 62-709.901(3) Appl for Reg. and Ann Rep for a YT Trans Form Title Station or SW Organic Recycling Facility Effective Date February 15, 2010 DEP Facility ID No. (Filled in by DEP) DEP WACS ID No: (Filled in by DEP) This form is adopted by reference in subsection 62- 709.901(3), F.A.C. Application for Registration and Annual Report for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility PART A - GENERAL INFORMATION 1. Type of Application: New Renewal (due July 1) Annual report only for facility operating under permit: 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting 3. Type of Waste Processed: Yard trash Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user) 4. Facility Name: 5. Registrant Name (or Permittee if annual report only): 6. Federal Employer Identification Number: 7. Mailing Address: City State Zip Street Mailing Address (if different): City State Zip 8. Facility Location - Street Address or Property Number: City County 9. Contact Person: Telephone: PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 10. Records required by Rule 62-709.320, F.A.C., will be kept at the facility? Yes No If no, please indicate where these records will be kept and made available upon Department request to review the records: 11. Does the registrant own the facility site? Yes No If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facil ity at this site. 12. Has the organic recycling facility begun operations? Yes No If this facility was operating in the previous calendar year, the annual report in Part C must be completed. 13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental Protection. I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C., and shall comply with the requirements specified in those rules. I also affirm that the information provided in the application is true, accurate, and correct to the best of my knowledge. I have attached all documents and/or authorizations that are required. Print Name and Title of Registrant or Authorized Agent Signature Date Email address (if available): 11.D.9 Packet Pg. 2592 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DEP Form # 62-709.910(3) Page 2 of 2 Effective February 15, 2010 PART C - ANNUAL REPORT 14. Calendar Year (January 1 through December 31) Covered by this Report: 15. Values used in this report are in (SELECT ONE): Tons Cubic Yards 16. For Existing Facilities that have not reported this information in the past, Amount of a. Unprocessed Material On Site at Beginning of Report Year: b. Processed Material On Site at Beginning of Report Year (total): 17. Total Quantity of Material Received During Report Year: 18. Total Quantity of Material Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year: 19. Total Quantity of Material Removed from Site for: a. Use (e.g., landfill cover, fuel, mulch, compost, etc.): b. Disposal: c. Other (transfer stations) 20. Total Quantity On Site at End of Report Year of: a. Unprocessed Material: b. Processed Material: Note that the total sum of items 16 a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20 I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge. Print Name and Title of Registrant/Permittee or Authorized Agent Signature Date Email address (if available): PART D - MAILING INSTRUCTIONS Remember to include the $35.00 fee if this is also a registration application. Mail completed form to: Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 11.D.9 Packet Pg. 2593 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Section 5 11.D.9 Packet Pg. 2594 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3365 Woods Edge Circle, Unit 101, Bonita Springs, Florida 34134 TRAFFIC IMPACT STATEMENT FILLMORE RECYCLING CPA May 2009 White Lake Boulevard Collier County, Florida Prepared For: John & Teresa Fillmore Fillmore LLC C/o Yahl Mulching 2250 Washburn Avenue Naples, FL 34117 Prepared By: Omega Consulting Group, LLC Project # R9005.02 11.D.9 Packet Pg. 2595 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 1 INTRODUCTION AND SUMMARY Omega Consulting Group, LLC is providing this update to the Comprehensive Plan Amendment Traffic Impact Statement (TIS) previously prepared by Vanasse & Daylor, LLP for the Fillmore Recycling. The purpose of this study is to provide Collier County with sufficient information to assure that traffic-related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Fillmore Recycling facility is located northeast of I-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and is currently utilized as recycling facility for yard waste. The site will have one full-movement site access onto White Lake Boulevard. Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link analyses have been prepared for this study. For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2014 planning horizon. CONCLUSIONS, RECOMMENDATIONS AND MITIGATION The analysis indicated that the estimated Fillmore Recycling facility site-generated trips are projected to be de minimus (less than 1%) on Collier Boulevard. All roadway segments are projected to operate within their maximum service volume (SFmax) or Level of Service Standard (LOS). As shown in Table 5, the levels of service for all links in the area of the project are projected to meet the level of service standards computed by the AUIR Tables for PM Peak Hour with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. 11.D.9 Packet Pg. 2596 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 2 PROPOSED DEVELOPMENT EXISTING LAND USE The Fillmore Recycling facility is located northeast of I-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and currently utilized as recycling facility for yard waste. One full-movement access onto White Lake Boulevard is proposed. AREA CONDITIONS SITE ACCESSIBILITY AREA ROAD SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 951) Collier Boulevard (CR 951) in the study area will be a north-south four and eight lane divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). White Lake Boulevard White Lake Boulevard in the study area is an east-west two-lane local roadway that terminates at Collier Boulevard. The roadway alignment is fairly level and tangent. The speed limit is 30 mph. 11.D.9 Packet Pg. 2597 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 3 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed to alleviate current area road deficiencies and to support future area development. For purposes of this study, a “committed” roadway improvement means that the characteristics of the higher-level facility may be used in the reserve capacity estimates. Since this is a Comprehensive Plan Amendment TIS, roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2009 to FY 2011 time frame were considered to be committed improvements. These were identified in the Collier County 2008 Annual Update and Inventory Report (AUIR) • 8-lane expansion of Collier Boulevard near I-75 interchange and 8-lane to 4-lane converge near the main Golden Gate canal is anticipated to be under construction in 2010 TRIP GENERATION Site-generated trips were estimated using the anticipated operational characteristics of the site and the expected daily hours of operation. Approximately 500 weekly and 100 daily truck trips are estimated for the existing yard waste recycling facility entering and exiting the Fillmore Recycling site. Approximately 10% of the trips are estimated to be from private individuals with 90% coming from commercial sources. It is estimated that about 50% of site truck trips are to and from the nearby existing land fill site on White Lake Boulevard. The remaining 50% trips are projected to use Collier Boulevard directly to/from the project site. The proposed construction debris recycling facility is projected to generate an additional 150 daily truck trips. It is anticipated that the distribution between private individuals and commercial sources would be similar. The existing yard waste recycling facility operates with 15 full-time employees. An additional 10 full-time employees will be required to operate the proposed construction debris recycling facility. Operating hours are anticipated to be 7AM to 5PM averaging 10 hours per day. Based on the operational characteristics, 150 daily truck trips are expected to be evenly distributed through 10 working hours. The site-generated trip estimates that were derived as follows: 150 trucks/day = 300 directional truck trips per day = 300 trucks/10 hours = 30 directional truck trips/hour. Based on anticipated estimates of 50% in and 50% out, then 15 trucks are entering and 15 trucks are exiting the site during AM peak hour; and 15 trucks are entering and 15 trucks are exiting the site during PM peak hour. 50% of the truck traffic is anticipated to be to/from the existing County landfill, 50% of the truck traffic will access Collier Boulevard. The recycling facility will have an additional 10 11.D.9 Packet Pg. 2598 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 4 employees so at most, there would be 1 vehicle per employee for 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site-generated trips was converted to passenger car equivalents (PCE’s) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20-9 from the Highway Capacity Manual 2000 (see Appendix of Original Vanasse & Daylor, LLP TIS for copy of the exhibit). The site-generated trip estimate results are shown in Table 1. TABLE 1 LAND USE ADT Total Enter Exit Total Enter Exit Estimated Truck Traffic 300 30 15 15 30 15 15 Passenger Car Equivalent (PCE) multiplier* = 1.7 Truck PCE's 510 52 26 26 52 26 26 Employees 20 10 10 10 10 Total 530 62 36 26 62 26 36 *Per Vanasse & Daylor, LLP TIS AM Peak PM Peak DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 presents the assumed trip distribution and assignment. Exhibit 1 graphically presents the trip distribution. Table 2 Site-generated Trip Distribution and Assignment1 Link From To DIST Total Enter Exit Total Enter Exit Collier Blvd Golden Gate Pkwy Utilities Drive 25% 16 9 7 16 7 9 Collier Blvd Utilities Drive I-75 25% 16 9 7 16 7 9 White Lake Blvd Collier Blvd Land Fill Access 50% 31 18 13 31 13 18 White Lake Blvd Land Fill Access Project Access 100% 62 36 26 62 26 36 1 All site-generated trips are based on PCE values. AM Peak PM Peak 11.D.9 Packet Pg. 2599 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 5 The percentage distributions were applied to the site-generated traffic volumes to determine the site-generated vehicle trip assignments. Exhibit 2 shows the site-generated trip assignments for the PM Peak Hour. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02 and Collier County TIS Final Guide Dated 11-03-2006, “Significantly impacted roadways and intersections are identified based on the following criteria: a. The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. • Trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. • Trips on one link adjacent to the link directly accessed by the project where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard. • Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County’s 2/2/3 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. Table 3 Site PCT of Link From To Sfmax Trips SF max Collier Blvd Golden Gate Pkwy Utilities Drive 3,515 9 0.3% Collier Blvd Utilities Drive I-75 3,515 7 0.2% White Lake Blvd Collier Blvd Land Fill Access 760 13 1.7% White Lake Blvd Land Fill Access Project Access 760 26 3.4% Significance Test Note: SF max for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard PM Peak 11.D.9 Packet Pg. 2600 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 6 The only site-generated trips that were estimated to be significant (>2 percent of the SFmax) were on White Lake Boulevard between the land fill access and the project. The site-generated trip assignments were not projected to be significant on any links of the Collier County roadway network. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included the Collier County Transportation Operations Department 2008 Traffic Count Report , Collier County Concurrency Segments Tables dated April 4,2009 and the 2008 Collier County AUIR . The Appendix contains copies of the applicable data used. Per methodology meeting dated April 22, 2008, proposed 4 to 8-lane improvement of Collier Boulevard near I-75 interchange was confirmed by Collier County Transportation Staff. Maximum capacity SFmax 3515 vph for Collier Boulevard between I-75 and Golden Gate Boulevard was used in the subsequent analysis in this report, per Collier County Transportation Staff’s instruction. Table 4 presents the link-specific background traffic data with the information contained in the Collier County AUIR table for 2007. Table 4 BACKGROUND TRAFFIC VOLUMES Based on 2008 Collier County AUIR Max PK Hr Trip Total Remaining Link From To SF MAX 1 Volume Bank Volume Capacity Collier Blvd Golden Gate Pkwy I-75 3,515 1,384 617 2,001 1,514 1 SFmax pr ovided by Collier County Transportation Staff 11.D.9 Packet Pg. 2601 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 7 Growth trends have been negative so the AUIR Trip Bank was used as the most conservative total volume of background traffic. ANALYSES CAPACITY AND LEVEL OF SERVICE LINK ANALYSES Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The SFmax for different roadway segments were provided by the Collier County Transportation Planning Department or from a similar roadway within Collier County as denoted on the 2008 AUIR Table. Copies of these data are contained in the Appendix. Table 5 presents the link analysis results. Table 5 LINK LEVEL OF SERVICE ANALYSIS RESULTS BKGD Project Total AUIR BKGD Total Road Segments From To Traffic Traffic Traffic SFmax Traffic Traffic Collier Blvd Golden Gate Pkwy Utilities Dr 2,001 9 2,010 3,515 Y Y Collier Blvd Utilities Dr I-75 2,001 7 2,008 3,515 Y Y PM PEAK HOUR W/I Std The studied links are projected to be within the level of service standards for the PM peak hour with buildout year Background and Total Traffic. Based on this analytical result, no further analyses are required. Appropriate turn lanes should be analyzed during the SDP process for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. 11.D.9 Packet Pg. 2602 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Not to Scale41225%25%25%25%25%25%50%0%50%50%50%Washburn AvenueProject SiteUtilities DriveGolden Gate Parkwaylier Collier County Land FillWashburn AvenueWhite Lake Boulevard325%25%100100%Fillmore LLC, C/o Yahl Mulching2250 Washburn Avenue, Naples, FL 34117May 2009 Fillmore Recycling CPASite-Generated Trip Distribution EXHIBIT 1Washburn AvenueProject SiteUtilities DriveGolden Gate ParkwayI-75Collier Davis BoulevardCollier County Land FillWashburn AvenueWhite Lake BoulevardR9005 CPATIS_01.xls11.D.9Packet Pg. 2603Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Not to Scale41297913971818713Washburn AvenueProject SiteUtilities DriveGolden Gate Parkwayier Collier County Land FillWashburn AvenueWhite Lake Boulevard3362679Fillmore LLC, C/o Yahl Mulching2250 Washburn Avenue, Naples, FL 34117May 2009 Fillmore Recycling CPAPM Peak Hour AssignmentEXHIBIT 2Washburn AvenueProject SiteUtilities DriveGolden Gate ParkwayI-75Collier Davis BoulevardCollier County Land FillWashburn AvenueWhite Lake BoulevardLegendPCE TripsR9005 CPATIS_01.xls11.D.9Packet Pg. 2604Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Golden Gate Parkway Mixed Use Subdistrict TIS Appendix APPENDIX • Initial Meeting Checklist – April 22, 2008 • Collier County Annual Update Inventory Report (AUIR), 2008 • Excerpt from Collier County Traffic Count Report • Excerpt from Highway Capacity Manual 2000 11.D.9 Packet Pg. 2605 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) INITIAL MEETING CHECKLIST APRIL 22, 2008 11.D.9 Packet Pg. 2606 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2607 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2608 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2609 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2610 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2611 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2612 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2613Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2614Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2615Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2616Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2617Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2618Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2619Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2620Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning COLLIER COUNTY ANNUAL UPDATE AND INVENTORY REPORT (AUIR) 2008 11.D.9 Packet Pg. 2621 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 Month 2008Peak HourPeak ExpectedPeak DirHourL YearYear of ExistCnt. Min ServicePeak DirTrip Total Remain. O ExpectedAdditional Total Substantial ID# CIE# Proj# Road# Link From To Road Sta. Std Volume Volume Bank Volume Capacity S Deficient Notes Notes FY09 FY10 FY11 FY12 FY13 2009 thru 2013 Completion1 99910 CR31 Airport RoadImmokalee RoadVanderbilt Beach Road 4D 659 D 2,460 1,449 203 1,652 808 C Northwest TCMA2.1 55 62031 CR31 Airport RoadVanderbilt Beach Road Orange Blossom Dr. 6D 599 E 3,970 1,860 376 2,236 1,734 C Northwest TCMA2.2 55 62031 CR31 Airport RoadOrange Blossom Dr. Pine Ridge Rd.6D 503 E 3,970 2,036 302 2,338 1,632 C Northwest TCMA3 39 60121 CR31 Airport RoadPine Ridge RoadGolden Gate Parkway 6D 502 E 3,830 1,757 352 2,109 1,721 C Overpass CST4 99906 CR31 Airport RoadGolden Gate Parkway Radio Road6D 533 E 3,230 2,045 233 2,278 952 C Overpass CST5 3 66031 CR31 Airport RoadRadio RoadDavis Boulevard6D 553 E 4,100 2,258 181 2,439 1,661 C 6 3 66031 CR31 Airport RoadDavis BoulevardUS 416D 552 E 2,580 1,818 181 1,999 581 D TCEA7 99911 Bayshore DriveUS 41Thomasson Drive 4D 521 D 1,950 661 86 747 1,203 B TCEA8 31 60021 CR 865 Bonita Beach Road West of Vanderbilt Dr. 4D 653 D 1,620 1,355 0 1,355 265 D 9Carson RoadLake Trafford Road Immokalee Drive2U 610 D 760 263263 497 B10 33 60101 County Barn Road Davis BoulevardRattlesnake Hammock Road 2U 519 D 860 666 153 819 41 DSanta Barbara Blvd Ext Parallel Relief$703$70311 99912 CR29 CR 29US 41Chokoloskee Island 2U 582 D 875 145 4 149 726 B 12 SR84 Davis BoulevardUS 41Airport Road6D 558 E 3,420 1,691 58 1,749 1,671 C TCEA13 48 60161 SR84 Davis BoulevardAirport RoadLakewood Boulevard 4D 559 D 2,080 1,641 57 1,698 382 D 14 49 60161 SR84 Davis BoulevardLakewood Boulevard County Barn Road 4D 559 D 2,430 1,641 127 1,768 662 D East Central TCMA15 83 60161 SR84 Davis BoulevardCounty Barn Road Santa Barbara Boulevard 4D 538 D 2,575 1,616 259 1,875 700 D East Central TCMA16.1 83 SR84 Davis BoulevardSanta Barbara Boulevard Radio Rd.2U 560 D 1,040 863 207 1,070-30F Existing East Central TCMA16.2 83 SR84 Davis BoulevardRadio Rd.Collier Boulevard 4U 601 D 1,530 1,184 484 1,668-138F Existing East Central TCMABenderson xxxx reserved trips $21,100$21,10017 62 63041 CR876 Golden Gate Boulevard Collier Boulevard Wilson Boulevard 4D 531 D 2,350 1,693 300 1,993 357 DVBR Ext. CST Parallel Relief18 99913 CR886 Golden Gate Parkway US 41Goodlette-Frank Road 6D 530 E 3,180 1,151 63 1,214 1,966 C 19 5 60027C CR886 Golden Gate Parkway Goodlette-Frank Road Airport Road6D 507 E 4,350 2,447 112 2,559 1,791 C Overpass CST38% + open to traffic20.1 74 60006 CR886 Golden Gate Parkway Airport RoadLivingston Rd.6D 508 E 4,370 2,093 150 2,243 2,127 B Northwest TCMA57% + open to traffic20.2 74 60006 CR886 Golden Gate Pwky Livingston Rd.I-756D 691 E 4,370 2,517 150 2,667 1,703 C Northwest TCMA89% + open to traffic21 74 60027 CR886 Golden Gate Parkway I-75Santa Barbara Boulevard 6D 509 E 3,730 2,084 139 2,223 1,507 C East Central TCMA30% + open to traffic22 99916 CR886 Golden Gate Parkway Santa Barbara Boulevard Collier Boulevard 4D 605 D 1,980 1,603 164 1,767 213 DEast Central TCMA23 19 68041 CR851 Goodlette-Frank Road Immokalee RoadVanderbilt Beach Road 2U 594 D 1,190 708 238 946 244 D Northwest TCMA24 65 60134 CR851 Goodlette-Frank Road Vanderbilt Beach Road Pine Ridge Road6/4D 581 D 2,790 1,520 180 1,700 1,090 B Northwest TCMA25 88 60005 CR851 Goodlette-Frank Road Pine Ridge RoadGolden Gate Parkway 6D 506 E 3,420 1,690 90 1,780 1,640 B 26 99917 CR851 Goodlette-Frank Road Golden Gate Parkway US 416D 504 E 3,500 2,087 96 2,183 1,317 B 27 87 68055 Green BoulevardSanta Barbara Boulevard Collier Boulevard 2U 642 D 1,040 659 17 676 364 B East Central TCMA28Green Boulevard Extension Livingston RoadSanta Barbara Boulevard29 66011 Gulfshore Drive111th AvenueVanderbilt Beach Road 2U 583 D 530 205 12 217 313 B 30.1 37 65061 CR951 Collier Boulevard Immokalee RoadVanderbilt Beach Rd. 6D 655 D 2,450 1,120 595 1,715 735 B Under CST no update30.2 37 65061 CR951 Collier Boulevard Vanderbilt Beach Rd. Golden Gate Boulevard 6D 536 D 2,450 1,822 592 2,414 36 E 2010 Under CST 31 85 68056 CR951 Collier Boulevard Golden Gate Boulevard Green Blvd6/4D 536 D 2,180 1,884 311 2,195-15F Existing CST 2011$2,000 $6,715$23,400$32,11532.1 76 65062 CR951 Collier Boulevard Green BoulevardGolden Gate Pwky 4D 584 D 2,360 1,444 553 1,997 363 DEast Central TCMA$2,000 $27,000 $29,00032.2 76 CR951 Collier Boulevard Golden Gate Pwky I-754D 607 D 2,450 1,384 617 2,001 449 D East Central TCMA33 61 60001 SR951 Collier Boulevard I-75Davis Boulevard4D 573 D 3,000 2,483 767 3,250-250F Existing East Central TCMAResv. Per Benderson DCA $10,013 $12,987$23,00034 86 60001 CR951 Collier Boulevard Davis BoulevardRattlesnake Hammock Road 6D 602 E 3,270 1,894 334 2,228 1,042 B 35 86 60001 CR951 Collier Boulevard Rattlesnake Hammock Road US 416D 603 E 3,330 1,658 511 2,169 1,161 B 36.1 12 64041 SR951 SR 951US 41Wal-Mart Driveway 6D 557 D 2,370 1,744 856 2,600-230F Existing State36.2 SR951 SR 951Wal-Mart Driveway Manatee Rd.4D 627 D 1,970 1,384 710 2,094-124F Existing State37 12 64041 SR951 SR 951Manatee RoadMainsail Dr4D 627 D 2,590 1,384 540 1,924 666 C 38 51 64041 SR951 SR 951Mainsail DrMarco Island Bridge 4D 627 D 2,480 1,384 5 1,389 1,091 B State39 64 99901 CR846 111th Avenue N.Gulfshore DriveVanderbilt Drive2U 585 D 760 251 17 268 492 B Northwest TCMA40 1 60031 CR846 111th Avenue N.Vanderbilt DriveUS 412U 613 D 1,040 380 107 487 553 B Northwest TCMA41.1 6 66042 CR846 Immokalee RoadUS 41Goodlette-Frank Rd. 6D 566 E 3,030 1,538 387 1,925 1,105 B TCMA, Under CST, missing 2007 counts41.2 6 66042 CR846 Immokalee RoadGoodlette-Frank Rd. Airport Road6D 625 E 3,030 1,865 475 2,340 690 D Northwest TCMA42.1 6 66042 CR846 Immokalee RoadAirport RoadLivingston Rd.6D 567 E 3,290 2,773 300 3,073 217 ENorthwest TCMA42.2 6 66042 CR846 Immokalee RoadLivingston Rd.I-754D 567 E 2,320 2,773 295 3,068 -748 F Existing Northwest TCMA43.1 8 66045 CR846 Immokalee RoadI-75Logan Boulevard4D 568 E 2,320 1,800 741 2,541 -221 F Existing Under CST43.2 CR846 Immokalee RoadLogan BoulevardCR 9516D 656 D 3,629 1,399 272 1,671 1,958 B 44 71 60018 CR846 Immokalee RoadCollier Boulevard Wilson Boulevard 6D 593 E 3,790 1,401 418 1,819 1,971 B Under CST45 71 60018 CR846 Immokalee RoadWilson Boulevard Oil Well Road6D 675 E 3,670 1,597 312 1,909 1,761 B 46 73 60165 CR846 Immokalee RoadOil Well RoadSR 292U 672 D 860 262 80 342 518 C 47 66 99903 Lake Trafford Road West of SR 29SR 292U 609 D 875 367 73 440 435 C 48 60166 Logan BoulevardVanderbilt Beach Road Pine Ridge Road2U 587 D 990 571 81 652 338 C 49 22 68051 Logan BoulevardPine Ridge RoadGreen Boulevard4D 588 D 2,070 1,141 158 1,299 771 C East Central TCMA50 79 60166 Logan BoulevardVanderbiltImmokalee Rd.2U 644 1,100 355 0 355 745 C Opened Q4 200751 21 65041 CR881 Livingston RoadImperial StreetImmokalee Road6/4D 673 D 3,260 1,039 155 1,194 2,066 B Northwest TCMA52 57 62071 CR881 Livingston RoadImmokalee RoadVanderbilt Beach Road 6D 576 E 3,840 1,551 67 1,618 2,222 B Northwest TCMA53 58 62071 CR881 Livingston RoadVanderbilt Beach Road Pine Ridge Road6D 575 E 3,800 1,300 303 1,603 2,197 B Northwest TCMA54 52 60071 CR881 Livingston RoadPine Ridge RoadGolden Gate Parkway 6D 690 E 3,800 1,351 292 1,643 2,157 B East Central TCMA55 53 60061 CR881 Livingston RoadGolden Gate Parkway Radio Road6D 687 E 3,760 1,742 132 1,874 1,886 B East Central TCMA57 89 60036 E/W Livingston Road Old 41N/S Livingston Rd. 4D 00 0 0 58 67 99904 N. 1st StreetNew Market Road Main Street2U 590 D 1,000 457 15 472 528 C COLLIER COUNTY 2008 ANNUAL UPDATE INVENTORY REPORT (AUIR) - Collier County Transportation Database (Based on Synchro and current traffic volumes)Fiscal Year 2009-2013 Capital Projects (Proposed Dollars shown in Thousands)Attachment "F"11.D.9Packet Pg. 2622Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) EXCERPT FROM COLLIER COUNTY TRAFFIC COUNT REPORT 11.D.9 Packet Pg. 2623 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Collier County Quarterly Traffic Count Report (2005/2006)StationType CntLocationQ1-2006 Q1-2007 Q1-200807-08%Diff.Q2-2006 Q2-2007 Q2-200807-08%Diff.Q3-2006 Q3-2007 Q3-200807-08%Diff.Q4-2006 Q4-2007 Q4-200807-08%Diff.2006 ADT Based on Avail.Counts2007 ADT Based on Avail.Counts2008 ADT Based on Avail.Counts2007 1st Qtr/ADT573 QCollier Blvd (CR 951) north of Davis Blvd (SR 84) 68,008 59,337 49,060-17.32%54,789 45,088 48,77419.89%50,643 46,461 37,80311.06%55,816 47,984 39,610-14.03%57,314 49,718 43,8121.187574 Q Livingston Rd (CR 881) north of Mediterra 19,470 19,902 17,638-11.38%17,107 13,549 17,67220.13%15,526 12,857 14,29118.68%17,192 14,658 15,474-14.74%17,324 15,242 16,2691.124575 Q Livingston Rd (CR 881) north of Pine Ridge Rd (CR 896)29,740 28,267 25,596-9.45%24,195 21,596 25,30810.27%23,481 23,655 20,431-0.85%27,615 25,852 24,097-6.38%26,258 24,843 23,8581.133576 Q Livingston Rd (CR 881) south of Vanderbilt Beach Rd (CR 862)33,677 32,804 29,227-10.90%54,536 23,481 24,078128.98%28,702 26,448 24,3559.25%32,733 27,979 24,952-14.52%37,412 27,678 25,6530.900577 QTamiami Trail (US 41/SR 45) south of 99th Avenue North 58,488 53,199 62,72717.91%45,694 44,201 41,2123.62%47,087 50,825 36,939-10.12%57,860 56,560 52,596-2.25%52,282 51,196 48,3691.119578 QVanderbilt Dr (CR 901) north of 111th Avenue North 14,316 9,353 11,46622.59%7,576 7,190 6,8825.61%7,022 6,309 5,93012.02%9,583 9,935 7,2173.67%9,624 8,197 7,8741.487579 QVanderbilt Beach Rd (CR 862) east of Airport Rd (CR 31) 0 0 31,976 0 24,521 22,985-106.68%0 23,928 21,531-111.13%0 26,645 25,071#DIV/0!0 25,031 33,854580 QVanderbilt Beach Rd (CR 862) west of Collier Blvd (CR 951) 15,958 0 12,757 0 0 11,0220.00%14,032 0 0#DIV/0!0 12,411 9,434#DIV/0!14,995 12,411 16,6071.064581 QGoodlette Rd (CR 851) north of Pine Ridge Rd (CR 896) 29,151 28,030 28,6912.36%22,882 24,319 26,066-5.51%23,094 24,875 21,380-8.33%24,439 25,906 22,5346.00%24,892 25,783 24,6681.171582 ACR 29 south of Tamiami Trail (US 41/SR 90) 3,316 3,160 3,3124.81% 0.00%0#DIV/0! #DIV/0!3,316 3,160 3,312583 AGulfshore Dr south of Bayview Dr4,988 3,964 4,93824.57%0.00%0#DIV/0!#DIV/0!4,9883,964 4,938584 QCollier Blvd (CR 951) north of Golden Gate Blvd21,042 0 019,746 0 00.00%19,410 0 0#DIV/0!000#DIV/0!20,066001.049585 Q111th Avenue North west of Vanderbilt Dr (CR 901)6,994 5,084 6,81534.05%3,470 3,989 3,986-13.02%3,253 2,907 3,5769.68%3,891 4,667 3,94219.94%4,402 4,162 4,5801.589586 QImmokalee Rd (CR 846) south of Oil Well Rd (CR 858)23,268 18,369 19,3455.31%0 15,303 13,316-114.92%0 20,312 15,382-132.05%0 18,703 16,848#DIV/0!23,268 18,172 64,891587 QLogan Blvd north of Pine Ridge Rd (CR 896)10,841 9,469 10,0826.47%10,218 8,783 10,08214.23%9,798 8,872 9,17110.10%10,160 10,634 10,2004.67%10,254 9,440 9,8841.057588 QLogan Blvd/Santa Barbara Blvd south of Pine Ridge Rd (CR 896)31,549 24,849 20,893-15.92%29,858 23,313 22,09029.63%30,112 22,086 19,38841.40%30,510 22,875 21,602-25.02%30,507 23,281 20,9931.034589 QRadio Rd (CR 856) east of Santa Barbara Blvd22,046 19,575 0-100.00%18,891 0 00.00%17,188 0 0#DIV/0!20,365 0 0-100.00%19,623 19,57501.124590 QNorth First St north of Main St (SR 29)9,850 10,053 10,4523.97%9,230 8,238 6,95414.27%9,316 8,248 7,08515.07%10,688 9,274 8,442-13.23%9,771 8,953 8,2331.008591 ASR 29 north of SR 828,275 0 7,5630.00%0#DIV/0!#DIV/0!8,2750 7,563593 QImmokalee Rd (CR 846) east of Collier Blvd (CR 951)28,713 0 10,38124,702 0 25,27397.74%27,358 0 16,204168.83%26,805 24,943 0-6.95%26,895 24,943 12,9651.068594 QGoodlette Rd (CR 851) south of Immokalee Rd (CR 846)16,372 15,294 14,337-6.26%13,207 12,305 14,6176.17%13,000 12,486 11,5344.46%14,486 13,699 12,667-5.43%14,266 13,44613,2891.148595 QGoodlette Rd (CR 851) north of Orange Blossom Dr23,289 21,903 22,0490.67%18,946 18,689 20,9901.22%19,003 20,036 17,109-6.04%19,837 20,422 17,2582.95%20,269 20,263 19,3521.149596 QGoodlette Rd (CR 851) south of Orange Blossom Dr27,437 25,472 25,118-1.39%21,524 21,317 20,7591.00%20,766 23,055 19,183-11.93%22,873 23,539 18,7922.91%23,150 23,346 20,9631.185597 QLivingston Rd (CR 881) south of Immokalee Rd (CR 846)27,882 28,085 25,859-7.93%23,857 19,633 25,65616.46%25,471 20,265 18,54428.07%25,705 22,823 21,074-11.21%25,729 22,702 22,7831.084599 QAirport Rd (CR 31) north of Orange Blossom Dr43,938 37,955 39,6694.52%34,756 33,457 31,0084.19%35,120 33,610 31,0614.86%39,572 39,084 35,665-1.23%38,347 36,027 34,3511.146600 QPine Ridge Rd (CR 896) west of Logan Blvd/Santa Barbara Blvd54,372 33,691 36,7509.08%46,115 40,426 34,38616.54%42,993 41,034 35,4175.53%44,886 39,948 36,704-11.00%47,092 38,775 35,8141.155601 QDavis Blvd (SR 84) west of Collier Blvd (CR 951)28,918 31,210 23,976-23.18%23,840 23,031 22,0083.68%24,341 20,906 19,31817.78%28,663 22,831 20,055-20.35%26,441 24,495 21,3391.094602 QCollier Blvd (CR 951) north of Rattlesnake Ham Rd (CR 864)45,789 44,221 0-100.00%37,996 31,838 00.00%33,584 30,320 0#DIV/0!41,697 0 0-100.00%39,767 35,46001.151603 QCollier Blvd (CR 951) south of Rattlesnake Ham Rd (CR 864)41,832 40,818 0-100.00%32,352 28,400 00.00%28,320 25,351 0#DIV/0!0 27,996 0#DIV/0!34,168 30,64101.224604 QTamiami Trail (US 41/SR 90) east of Airport Rd (CR 31)58,284 44,208 53,19120.32%41,994 41,008 39,4752.50%0 45,310 40,968-110.60%48,647 51,439 47,4075.74%49,642 45,491 60,3471.174605 QGolden Gate Pkwy (CR 886) east of Santa Barbara Blvd30,72730,876 29,313-5.06%27,751 0 00.00%27,354 0 0#DIV/0!28,417 28,184 0-0.82%28,562 29,530 14,6571.076606 QSanta Barbara Blvd north of Radio Rd (CR 856)31,138 31,573 0-100.00%28,569 0 00.00%27,280 0 0#DIV/0!28,848 0 0-100.00%28,959 31,57301.075607 QCollier Blvd (CR 951) south of Golden Gate Pkwy (CR 886)31,920 27,291 25,014-8.34%30,721 26,579 21,43019.33%29,154 23,071 0#DIV/0!28,445 23,824 22,970-16.25%30,060 25,191 17,3541.062608 QTamiami Trail (US 41/SR 90) east of Collier Blvd (CR 951)17,717 0 14,41712,140 0 10,383116.92%0 14,836 10,663-139.14%15,691 13,293 12,965-15.28%15,183 14,065 24,2141.167609 QLake Traffod Rd (CR 890) west of Carson Rd8,713 8,531 8,242-3.39%8,588 6,513 6,00534.55%0 7,649 7,099-107.75%8,078 8,270 7,6272.38%8,460 7,741 9,6581.030610 QCarson Rd north of Lake Trafford Rd (CR 890)6,582 6,238 5,796-7.09%6,968 5,285 4,15340.52%3,510 6,007 4,809-51.92%6,126 6,075 5,785-0.83%5,797 5,901 5,1361.136611 QWestclock Rd west of North 15th St (SR 29)3,727 3,585 3,247-9.43%3,417 2,829 2,49223.60%3,462 3,073 2,95713.16%1,897 3,414 3,36479.97%3,126 3,225 3,0151.192612 QNew Market Rd (CR 29 A) east of Main St (SR 29)8,929 10,172 10,163-0.09%8,431 7,979 6,2617.22%9,026 7,676 6,85119.71%9,636 10,048 8,9264.28%9,006 8,969 8,0500.992613 Q111th Avenue North east of Vanderbilt Dr (CR 901)11,626 8,309 11,11833.81%6,502 6,803 6,870-4.38%5,007 5,743 5,992-12.28%57,481 19,213 7,044-66.57%7,721 7,209 7,7561.506614 AJane's Scenic Dr west of SR 29705 702 661-5.84%0.00%00.00%#DIV/0!705702 661615 ASR 29 north of Tamiami Trail (US 41/SR 90) 0 2,358 2,4122.29%0.00%00.00%#DIV/0!0 2,358 2,412616 ATamiami Trail (US 41/SR 90) east of SR29/CR 293,950 3,897 4,1987.72%0.00%00.00%#DIV/0!3,950 3,897 4,198617 ATamiami Trail (US 41/SR 90) west of SR29/CR 294,971 4,898 5,1915.98%0.00%00.00%#DIV/0!4,971 4,898 5,191618 AChokoloskee Causeway south of Plantation Parkway1,834 1,306 2,14764.40%0.00%00.00%#DIV/0!1,834 1,306 2,147619 QCR 846 east of SR 293,010 4,387 4,6846.77%2,100 2,537 1,916-22.81%3,044 3,031 2,4660.53%4,303 4,617 2,4667.30%3,114 3,643 3,3830.967620 QImmokalee Rd (CR 846) north of Stockade Rd10,470 12,735 10,022-21.30%9,847 9,869 7,543-0.29%10,080 9,478 7,9577.57%10,744 10,509 0-2.19%10,285 10,648 6,9641.018625 QImmokalee Rd (CR 846) east of Goodlette Rd (CR 851)56,140 0 46,15737,569 0 33,667111.59%40,185 0 32,627123.16%43,043 0 32,627-100.00%44,2340 36,8351.269626 ACamp Keais Rd south of Immokalee Rd (CR 846)3,783 0 3,3550.00%0#DIV/0!#DIV/0!3,7830 3,3551.000627 QCollier Blvd (CR 951) south of Capri Blvd (CR 952)34,642 32,450 29,089-10.36%26,201 22,399 28,34313.41%20,419 21,926 21,062-7.16%27,529 24,675 21,387-10.37%27,198 25,363 24,9701.274628 QPine Ridge Rd (CR 896) east of Livingston Rd (CR 881)0 0 54,0050 51,024 52,382-97.41%0 55,056 48,246-114.12%68,366 60,397 54,395-11.66%68,366 55,492 209,028629 QVanderbilt Beach Road (CR 862) west of Livingston Road (CR 881)0 00630 QVanderbilt Beach Rd (CR 862) east of Livingston Rd (CR 881)29,773 0 024,252 0 00.00%24,571 0 0#DIV/0!000#DIV/0!26,199001.136631 QJ & C Blvd west of Airport Rd (CR 31)11,859 10,683 9,986-6.52%11,817 10,046 9,40418.83%11,601 10,1268,30717.76%11,465 10,032 9,413-12.50%11,686 10,222 9,2781.015632 QVanderbilt Dr (CR 901) south of 111th Ave N7,260 5,584 6,38214.29%4,356 4,275 4,1681.94%4,265 3,584 2,89723.51%5,606 4,726 4,038-15.70%5,372 4,542 4,3711.352633 QVanderbilt Dr (CR 901) north of Vanderbilt Bch Rd (CR 862)8,416 6,716 7,51611.91%5,011 4,962 4,6701.05%4,979 4,368 4,17114.65%0 5,979 4,727#DIV/0!6,135 5,506 7,0281.372634 APlantation Parkway east of CR 29613 673 509-24.37%0.00%0#DIV/0!#DIV/0!613 673 509635 SEverglades Blvd north of Oil Well Rd (CR 858)7,202 6,858 6,213-9.41%0.00%7,123 6,377 5,48413.60%0#DIV/0!7,163 6,618 5,8491.006636 SEverglades Blvd north of Golden Gate Blvd (CR 876)8,105 8,039 6,475-19.46%0.00%8,074 6,941 5,64720.06%0#DIV/0!8,090 7,490 6,0611.002637 SEverglades Blvd south of Golden Gate Blvd (CR 876)6,798 5,818 5,561-4.42%0.00%6,732 5,690 6,59615.80%0#DIV/0!6,765 5,754 6,0791.005638 ADesoto Blvd north of Golden Gate Blvd2,207 2,597 2,232-14.05%0.00%00.00%#DIV/0!2,207 2,597 2,232639 ADesoto Blvd south of Golden Gate Blvd2,661 2,543 2,103-17.30%0.00%00.00%#DIV/0!2,661 2,543 2,103640 AVineyards Blvd south of Vanderbilt Beach Rd (CR 862)8,331 6,839 5,418-20.78%0.00%00.00%#DIV/0!8,331 6,839 5,418641 ACounty Barn Rd south of CC R&B Facility17,426 15,273 14,818-2.98%0.00%00.00%#DIV/0!17,426 15,273 14,818642 QGreen Blvd east of Santa Barbara Blvd15,589 11,626 9,001-22.58%12,792 11,566 12,8469.54%11,975 11,701 9,9162.76%12,494 10,382 10,042-16.90%13,213 11,319 10,4511.180All 2005 zero entries are due to construction or hurricane.All 2006 zero entries are due to construction.Page 9 - 11 of 15February, 200711.D.9Packet Pg. 2624Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning EXCERPT FROM HIGHWAY CAPACITY MANUAL 2000 11.D.9 Packet Pg. 2625 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2626 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2627 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2628 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2629 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2630Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2631Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2632Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2633Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 111 #1 2.6 ac 152 #2 3.3 ac 624 #5 6.5 ac 621 #4 1.6 ac 742 #10 3.3 ac 624 #9 4.6 ac 621 #11 2.3 ac 624 / 743 #3 0.5 ac 434 #8 0.3 ac 624 / 8146 #6 0.9 ac 8145 #12 0.5 ac8145 #13 0.5 ac 624 #9 1.1 ac HABITAT LEGEN D 2.6 AC 111 SINGLE FAMILY UNITS 3.3 AC 152 TIMBER PROCESSING 0.3 AC 434 H ARDWOOD CONIFER 1.0 AC 8145 GRADED DRAINED ROADS UPLAND HABITATS 7.2 AC TOTAL UPLAND HABITATS WETLAND HABITATS 3.9 AC 621 CYPRESS 12.2 AC 624 PINE CYPRESS PALM 0.5 AC 624/743 IMPACTED W/SPOIL0.9 AC 624/8146 IMPACTED BY ROAD 17.5 AC TOTAL WETLAND HABITATS 17.5 AC TOTAL WETLAND HABITATS 7.2 AC TOTAL UPLAND HABITATS3.3 AC 742 BORROW PIT 28.0 AC TOTAL PROJECT ACREAGE Figure 3. CONTINUED; Yahl FLUCCS/Habitat map. N EW S 80 0 80 160 Feet 11.D.9 Packet Pg. 2634 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) PROTECTED SPECIES REPORT YAHL MULCHING EXPANSION PROJECT SFWMD ERP, Section E. II. A. Sumitted by: Michael R. Ramsey INTRODUCTION The applicant Yahl Mulching is applying to expand its existing operation of mulching and recycling vegetative material. The following protected species report was done to meet the submission requirements of both Collier Co. Government and the South Florida Water Management District Environmental Resource Permitting application requirements.. METHODS Information concerning locations, densities, status, listings and changes from the Florida Fish & Wildlfie Conservation Commission (FWC) and U.S. Fish and Wildlife Service (USFWS) were reviewed along with other related publications. Last, on site surveys or investigations were conducted on the proposed project site. On site surveys were conducted October 14 through December 30, 2000. Surveys were conducted in the early morning hours or in the late afternoon. RESULTS Plants Beautiful pawpaw. This species was not observed on the site. This low shrub species is usually found in association with pine flatwoods. However, its distribution is limited to those areas in western Lee Co. The proposed development should have little or no impact on this species. Small’s milkpea. This species was not observed on the site. Wunderlin (1996, 1998) listed this species as being in Collier Co. The habitat requirements of solution holes in limerock would favor conditions in lower southeast Collier Co., closer to Dade Co. The proposed project should have little to no impact on this species. Animals American Alligator. Alligators (Alligator mississippiensis) were not observed on the site. This species prefers open water year round. Although there is a borrow pit on the area the pit goes dry annually, there is very little vegetation and prey items are limited. The proposed project should have little to no impact on this species. The implementation of the surface water management system and detention area should have a beneficial impact on this species. Eastern Indigo Snake. No evidence of the Eastern indigo snake (Drymarchon corais couperi) was observed on the site. Habitat requirements for these species are not well known, but generally prefer high, dry well drained soils. In addition prey base species were limited. The proposed activity should have little or no impact on this species. 11.D.9 Packet Pg. 2635 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 2 Gopher Tortoise. No sightings or burrows of this species were observed on site The proposed project should have little or no impact on this species. Florida panther. This species was not observed on the site or detected by indices. In addition FL Fish & Wildlife Conservation Commission panther telemetry records since 1981 has never recorded a panther using this site. The proposed project should have little to no effect on this species. Big Cypress fox squirrel. During surveys no fox squirrels (Sciurus niger avicennia) were observed. The proposed project should have little to no effect on this species. Arctic Peregrine Falcon. This species was not observed on the area. In 1998 it was recommended by the USFWS to delist this species, due to its population numbers increasing. Since this species’ breeding habitat is in the Northern US and Canada and winters in the southern US and South America, it is a seasonal migrant to Florida. In addition to being a seasonal migrant, it is more likely to utilize coastal areas. The proposed project should have little to no effect on this species. Bachman’s Warbler. No evidence of this species was noted on the area. In addition, no sightings of this species has been recorded since 1977 and is thought to be extinct. The proposed project should have little or no effect on this species. Bald Eagle. No evidence of this species was noted as to its presence on the area and no documented evidence indicates any nesting activity. The proposed activities should have little or no effect on this species. Crested Caracara. No indications of this species were noted as to existence or utilization on the project site. This species is more dependent on open areas like wet prairies and pastures with scattered sabal palm trees. This type habitat does not exist on the area. The proposed project should have little to no effect on this species. Everglades Mink. This species was not observed or detected on the area. The preferred habitat of marsh and open water areas do not exist on the project because of the hydroperiod alteration to the wetland. The proposed development should have little to no effect on this species. Florida Black Bear. No black bears were observed, nor indices detected on the area. Although suitable habitat exist, it is not large enough to support an individual bear. Surrounding human residential activity also deters any bear utilization. The proposed development should have little to no impacts on this species. Florida Burrowing Owl. This species was not observed on the area. The preferred habitat of this species also does not exist on the site. The proposed development should have little to no effect on this species. Florida Grasshopper Sparrow. This species was not observed on the site during surveys. Available records indicate that this species is more likely to occur north of this area, from northern Hendry Co. into south central Florida. In addition, this species is more likely to utilize an area of stunted saw palmetto with sparse grasses in between clumps. This type habitat does not exist on the site. The proposed project should have little to no effect on this species. Florida Sandhill Crane. This species was not seen on site during the surveys. However, areas typically used are wetland grass marshes, prairies and pasture areas. This habitat type does not exist on the property. The proposed project should have little to no effect on this species. 11.D.9 Packet Pg. 2636 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 3 Florida Scrub Jay. No indication of this species presence was noted during surveys. In addition, the scrub oak habitat required for this species, does not exist on the area. The proposed project should have little to no impact on this species. Limpkin. This species, nor indications of this species were observed on the area. The preferred habitat for this species has abundant emergent and submergent vegetation with adequate Pomacea paludosa. No Pomacea paludosa remains were observed while on the area. Creation of detention areas has been observed to help provide better quality nesting and feeding habitat for this species. Little or not effects are expected for this species from the proposed development, and may benefit from detention area construction.. Little blue and tri-colored heron. These two herons were not observed on or utilizing the area. The altered hydroperiod of the onsite wetland does not allow water to stand for very long in the wetland. The property does have a borrow pit on the area with standing water, but it is too deep and has little prey for preferred feeding area characteristics. The proposed project should have little to no effect on this species, and may benefit feeding conditions by implementation of the surface water management system and detention area. Osprey. Although the osprey is listed as a species of special concern by the FWC it is applicable only to Monroe County. The proposed development should have little to no effect on this species. Red-cockaded woodpeckers. No evidence of this species was noted on the site. No birds were seen or heard on the area, and no evidence of nest trees was observed. The habitat on the area is dominated by cypress and Melaleuca sp. Which is not considered to be preferred feeding habitat. The proposed project should have little to no impact on this species. Round-Tailed Muskrat. This species was not observed or detected on the area. The preferred habitat of dense stands of pickerel weed (Pontederia cordata) and maidencane (Panicum hemitomon) do not exist on the area and no marsh habitat exists. The planned development should have little to no impact on this species. Sherman’s Fox Squirrel. This species was not observed, nor were any indications noted on the area. This species is more typically found from the mid panhandle to Tampa to Lake Okeechobee. The preferred habitat for this species is very dry pine-oak stands, which do not exist on the area. The proposed g development should have little to no effect on this species. Snail Kite. This species was not observed on the area. Pomacea paludosa also was not observed while on the area. Also, preferred habitat of sloughs and flats vegetated by sawgrass (Cladium jamaicense) and spikerushes with scattered shrubs and tree islands do not exist on the area. The proposed development should have little to no effect on this species. Snowy Egret. This species was not observed on the area. The property does have a borrow pit on the area with standing water, but it is too deep for a preferred feeding area characteristics. The restoration of vegetation and a hydroperiod to the wetland areas will provide more suitable feeding habitat due to suitable depth. The proposed project should have little to no impacts on this species, and may benefit feeding conditions. Southeastern Kestrel. This species was not observed on the area. Preferred habitat for Southeastern Kestrels (Falco sparverius paulus) requires the presence of snags and mature pine forests to provide 11.D.9 Packet Pg. 2637 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 4 nesting areas. These specific types of habitat association was not observed on the area. The proposed project should have little to no impact on this species. West Indian Manatee. This species was not observed on the area, nor does suitable habitat exist. The proposed development should have little or no effect on this species Wood stork. Wood storks were not observed flying over or utilizing the site. The property does have a borrow pit on the area with standing water, but it is too deep for a preferred feeding area characteristics. The proposed project should have little to no impact on this species. Creation of the surface water management system and detention area may benefit this species by creating preferred feeding habitat. CONCLUSIONS The proposed project’s water management structures should have little to no effect on listed species. If the applicant is allowed to construct dikes and impound and restore the borrow pit area multiple benefits are possible. Habitat utilized by wading bird species would be created. A hydroperiod more conducive to normal wetland functions and plant associations would be created. REFERENCES Brown, L.N. 1978. Mangrove fox squirrel. Pages 5-6, in Rare and Endangered Biota of Florida: Vol. 1, Mammals. J.N. Layne, ed. University Presses of Florida, Gainesville. Conner, R.N. and B.A. Locke. 1982. Fungi and red-cockaded woodpecker cavity trees. Wilson Bull. 94:64-70. Cox, J., D. Inkley, and R. Kautz. 1987.Ecology and habitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large-scale development in Florida. Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 4. Tallahassee, FL. 75pp. Duever, M.J., J.E. Carlson, J.F. Meeder, L.C. Duever, L.H. Gunderson, L.A. Riopelle, T.R. Alexander, R.F. Myers and D.P. Spangler. 1986. The Big Cypress National Preserve. National Audubon Society Research Report No. 8, National Audubon Society, New York, NY. 444.pp. Fitzpatric, J.W., G.E. Woolfenden and M.T. Kopeny. 1991. Ecology and development-related habitat requirements of the Florida scrub jay (Aphelocoma coerulescens coerulescens). Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 8. Tallahassee, FL. 49 pp. Hooper, R.G., A.F. Robinson, Jr., and J.A. Jackson. 1980. The red-cockaded woodpecker: notes on life history and management. U.S. Fish and Wildlife Service, Atlanta, GA 8pp. Jackson, J.A. 1977. Red-cockaded woodpeckers and pine red heart disease. Auk. 94:160-163. Jackson, J.A. 1977. Determination of the status of red-cockaded woodpecker colonies. J. Wildl. manage. 41:448-452. 11.D.9 Packet Pg. 2638 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 5 Johnson, K.G., D. Land, and M.A. Lotz. 1996. Annual Performance Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Johnson, K.G., D. Land, and M.A. Lotz. 1997. Annual Performance Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Henry, V.G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the Red- Cockaded Woodpecker. US Fish & Wildlife Service. 13pp. Hillestad, H.O., R.W. Whiteside, J.J. Mayer, J.T. Vermont, J.R. Fudge, IV, A.W. Conger, and B.L Carter. 1989. Wildlife Assessment for Citrus Grove Conversion. Final Report. South Florida Water Management District. West Palm Beach, FL. Hoffman, Mark L.; Collopy, Michael W. 1988. Historical status of the American kestrel (Falco sparverius paulus) in Florida. Wilson Bulletin. 100(1): 91-107. Howell, Arthur H. 1932. Florida bird life. Tallahassee, FL: Florida Department of Game and Fresh Water Fish. 579 p. Kale, H.W. II. 1978. Rare and Endangered Biota of Florida. Vol. 2. Birds. University Presses of Florida, Gainesville. Land, D. 1994. Southwest Florida Black Bear Habitat Use, Distribution Movements, and Conservation Strategy. Final Report. Florida Game and Freshwater Fish Commission. Tallahassee, Florida. Land, D., and S.K. Taylor. 1998. Annual Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Land, D., D. Shindle, D. Singler, and S.K. Taylor. 1999. Annual Report: Florida Panther Genetic Restoration and Management, Study No.7508. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Liudahl, K., D.J. Belz, L.Carey, R.W. Drew, S. Fisher, and R. Pate. 1998. Soil Survey of Collier County, Florida. Natural Resource Conservation Service, U.S. Dept. of Agriculture, 152 pp. Mazzotti, F.J., L.A. Brandt, L.G. Pearlstine, W.M. Kitchens, T.A. Obreza, F.C. Depkin, N.E. Morris, and C.E. Arnold. 1992. An evaluation of the regional effects of new citrus development on the ecological integrity of wildlife resources in southwest Florida. Final Report. South Florida Water Management District. West Palm Beach, FL 188 pp. Stevenson, H.M. 1978. Bachman’s warbler. pp.13-14. In Rare and endangered biota of Florida: Vol. 2, Birds. H.W. Kale II, ed. University Presses of Florida, Gainesville. Thompson, R. L. and W. W. Baker. 1971. A survey of red-cockaded woodpecker nesting habitat requirements. Pp 170-186. Ecol. and mgmt. red-cockaded woodpecker (R.L. Thompson, ed.), Bur. of Sport Fish. and Wildl. and Tall Timbers Res. Stn., Tallahassee. 11.D.9 Packet Pg. 2639 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 6 U.S. Fish and Wildlife Service. 1998. Multi-species recovery plan for the threatened and endangered species of South Florida, Volume 1 of 2, The Ecosystem. Technical/Agency Draft; Atlanta, Georgia. U.S. Fish and Wildlife Service. 1995. Second Revision Florida panther (Felis concolor coryi) recovery plan. Prepared by the Florida Panther Interagency Committee for the USFWS, Atlanta, Georgia 75 pp. U.S. Fish and Wildlife Service. 1986. Florida Panther (Felis concolor coryi) Recovery Plan. Prepared by- the Florida Panther interagency Committee for the U.S. Fish and Wildlife Service, Atlanta, GA 88 pp. U.S. Fish and Wildlife Service. 1986. Florida Snail Kite (Rostrhamus sociabilis plumbeus, Ridgeway) Revised Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. 48 pp. U.S. Fish and Wildlife Service. 1986. Recovery plan for 'the U.S. breeding population of the wood stork. U.S. Fish and Wildlife Service, Atlanta, GA 28 pp. U.S. Fish and Wildlife Service. 1985. Red-cockaded woodpecker recovery plan. U.S.Fish and Wildlife Service, Atlanta, GA. 88 pp. U.S. Fish and Wildlife Service. 1982. Eastern indigo snake recovery plan. U.S. Fish and Wildlife Service. Atlanta, GA. 23 pp. Wunderlin, R. P. 1998. Guide to the Vascular Plants of Florida. University Press of Florida, Gainesville. Wunderlin, R.P. B.F. Hansen, and E.L. Bridges. 1996. Atlas of Florida Vascular Plants. Florida Dept. of State. Tallahassee. Submitted by:Michael R. Ramsey Environmental Consulting PO Box 1261 Immokalee, FL 34143 (239) 657.2601 11.D.9 Packet Pg. 2640 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2641Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RAI 1 11.D.9 Packet Pg. 2642 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com October 2, 2019 Ms. Nancy Gundlach, Principal Planner Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Conditional Use Modification Application-CU-PL2010-166-Review Letter 1 Response Yahl Mulching & Recycling, Inc., PL#PL2019000948 2250 Washburn Ave. Naples, Fl 34117 Dear Ms. Gundlach: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this response to your review letter dated September 27, 2019 for the subject conditional use (CU) modification. Below we restate your comments, and respond accordingly. The following comments shall be addressed as noted: Rejected Review: Zoning Review Reviewed By: Nancy Gundlach Email: nancy.gundlach@colliercountyfl.gov Phone #: (239) 252-2484 Correction Comment 1: Please remove Initial Air Permit as it is related to a different site located in Edgewater, Florida. Response: The permit you refer to was attached as an example of the type of permit the proposed ACI would have from the FDEP. Please disregard the permit and consider it not valid for this proposed use. Correction Comment 2: Please provide hours of operation. These will be added to the current Conditions of Approval. Response: The hours of operation were stated in both Section 3, page 2 of the Narrative Statement, and Section 4, page 4 of the Operations Plan, as 6:30 am to 5:00 pm Monday thru Saturday. Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidi.ashton@colliercountyfl.gov Phone #: (239) 252-8773 Correction Comment 1: Miscellaneous Corrections: County Attorney review will commence with Submittal 2. If all County staff approve Submittal 1, the County Attorney's office will be notified, and submittal 1 will be reviewed. Response: Acknowledged. 11.D.9 Packet Pg. 2643 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 2 Rejected Review: Landscape Review Reviewed By: Jaime Cook Email: Jaime.Cook@colliercountyfl.gov Phone #: Correction Comment 1: Specify type of Landscape buffer on east side of property. Properties abutting Ag Zoning are required to provide a 10-foot wide 'Type A' buffer (Conceptual Plans Sheet 1). Response: A type “A” buffer is provided along the east side of the site. The current CU- PL2010-166 has an approved landscaping plan that has been implemented to buffer the existing wood waste and C&D recycling operations, see plan, and a link to the plans is provided below: https://www.dropbox.com/sh/xc66srtb1jbw74i/AAA7PNwPrEv6-_c5mwhK_IcBa?dl=0 Correction Comment 2: On west side of property, landscape buffer noted as both a '10-foot L.S. Buffer' and a '20-foot Type D Landscape Buffer.' Clarify type of buffer proposed. (Conceptual Plans Sheet 1). Response: A type “D” buffer is in place along the western and northern sides of the site. Correction Comment 3: Include following note on Conceptual Plan: "Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05(F). Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07(H)(1)(e)." Response: The note has been included on revised Sheet 1 attached. A preserve has been used as a landscape buffer along the south side of the site. The General Comments are acceptable. We trust that you will find this review response complete. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Collier Co. Attachments 11.D.9 Packet Pg. 2644 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2645Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05(F). Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07(H)(1)(e)Landscape NotesRevised October 5, 2019 11.D.9Packet Pg. 2646Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RAI 2 11.D.9 Packet Pg. 2647 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com November 18, 2019 Ms. Nancy Gundlach, Principal Planner Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Conditional Use Modification Application-CU-PL2010-166-Review Letter 2 Response Yahl Mulching & Recycling, Inc., PL#PL2019000948 2250 Washburn Ave. Naples, Fl 34117 Dear Ms. Gundlach: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this response to your review letter dated November 5, 2019 for the subject conditional use (CU) modification. Below we restate your comments, and respond accordingly. The following comments shall be addressed as noted: Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidi.ashton@colliercountyfl.gov Phone #: (239) 252-8773 Correction Comment 2: Miscellaneous Corrections: Instead of the GMP form letter of authorization, please complete the zoning form affidavit of authorization for Ventura Yahl, LLC. Response: See attached revised form in Appendix A. Correction Comment 3: Miscellaneous Corrections: Please provide a copy of Resolution No. 91-747 referenced in your Narrative Statement. Response: We searched, and could not find a copy of this Resolution. It should be in the County’s records. Correction Comment 4: Miscellaneous Corrections: Please provide disclosure of ownership of Ventura Yahl, LLC for the CCPC and BCC conflicts checks. Response: See requested form in Appendix A. Correction Comment 5: Miscellaneous Corrections: Please provide disclosure of ownership of Yahl Mulching & Recycling, Inc. for the CCPC and BCC conflicts checks. Response: See requested form in Appendix A. Correction Comment 6: Miscellaneous Corrections: Please provide an affidavit of representation for applicant Yahl Mulching & Recycling, Inc. 11.D.9 Packet Pg. 2648 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 2 Response: See requested form in Appendix A. Correction Comment 7: Miscellaneous Corrections: Please enlarge text on the Site Plan so that it is legible when printed at 8 ½ X 11. Please use additional pages for the tables if needed. Please see my markup dated 11-4-19 on your site plan, a to be provided by the County planner. Response: The attached Site Plan text has been enlarged, green text are the CU mod. revisions. Informational Comments: •For parking area next to new workshop/office: parking lots are required to have terminal islands at ends of rows. Please address at time of SDP. Response: This area was developed under Resolution # CU-PL2010-166, and is complete. Landscape Plan was originally approved per PL20100000166 and buffers are existing. The Site Plan for this petition incorrectly identifies a 20' Type D buffer on northwest portion of Washburn Ave. Follow approved Landscape Plan for PL20100000166. Response: The approved Landscape plan for PL20100000166 has been followed. Informational Comments: •Transportation Planning Staff Note the Following: The additional machine operation proposed with this GMPA-CU is included with the main operational ITE classification as the previous CU-review. Therefore, a new TIS is not required for this GMPA and CU request. Additionally, the ROW Reservation along the southern boundary remains in place until requested as part of an eventual north-south collector roadway currently known as Benfield. Response: Acknowledged. The General Comments are acceptable. We trust that you will find this review response complete. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Collier Co. Attachments 11.D.9 Packet Pg. 2649 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Appendix A 11.D.9 Packet Pg. 2650 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) AFFIDAVITOFAUTHORIZATION FORPETITIONNUMBERS(S)i20190000948 1,OrlandoValdes {printname)､aSPresident {title,if (company,lfapplicable),swearoraffirmWWi!aPPliCable)OfYahMulching&Recycling,mc underoath,thatlamthe(chooseone)ownerr71applicant[~~1contractpurchasel havefullauthoritytosecuretheappmval(s)requestedandtoimposecovenantsandrestrictionson thereferencedpropertyasaresultofanyactionapprovedbytheCountyinaccordancewiththis applicationandtheLandDevelopmentCode; Allanswerstothequestionsinthisapplicationandanysketches,dataorothersupplementarymatter attachedheretoandmadeapartofthisapplicationarehonestandtrue; lhaveauthorizedthesta什ofCollierCountytoenteruponthepropertyduringnormalworkinghours fOrthepurposeofinvestigatingandevaluatingtherequestmadethroughthisapplication;andthat Thepropertywill betransferred,conveyed,soldorsubdividedsublect totheconditionsand restrictionsimposedbytheapprovedaction. We/laUthOriZeJamesGoldenGroveScientiflc&EngineerO9CQ tOaCtaSOUr/myrePreSentatiVe1 inanymattersregardingthispetitionincludinglthrough2above Wofes: o/f"7eapp"canf/sacoﾉpo陶加n,fhen〃jsusualyexecufedbyfhecoﾉp.pﾉes,orvEp/es． 。〃約eapp"ba"〃saL"77"edL/ab"〃Company仏.L､C.ﾉorL伽"edCompany仏Cﾉ,fhenfhedocumenfss/7o"/d typ/ca"ybesbnedbyiheCompanys"ManagjhgMembef" 。/fiheapp"canfjsapaffneﾉws/7",fhentyP/ca"yaParfnercansﾉgnonbeha/foffhepaffners/7". 。/ffheapp"canf/sa/伽"edparfnefsh",fhen肋egenera/pa/fnerm"sfsjgnandbe/den"edas"7e"Pe"era/ pam'er'ofihe"amedparfners/7jp. ・ノfil7eapp"Ca"fjsafrus4fhe"fheymusf"1c/"defheimsieeMsnamea"dfhewoﾉdJasimsfee'l 。/neachmsfance,"sf"ferm/"ef/7eapp"Ca"fssiaiIJs,e.9.,"7dMd"a4coﾉporafe,frusf,pa"neﾉshねa"dｵﾉ7en use"7eappmp"afeわ"刀afmrｵﾉ7afownersh胴． Underpenaltiesofperiury,ldeclarethatlhavereadtheforegoingAffidavitofAuthorizationandthat thefactsstatedinitaretrue. α"忽忽マム"7"吃,<一z'f'im Signature //-/J一一~ノラ Date STATEOFFLORIDA COUNTYOFCOLLIER date)by tion),as脚宏謬り澱e櫟､W泌迦ed)ands淵爵befOre person 産ジム〆pL≦著名と"を_､ヘナー マ ク ー ノ (typeofidentification)asidentificati orwhohasproduced SignamF函手No短W祠頭1icSTAMP/SEAL ､一＝胃ニー ーーエ一ー－－－~~ｰ 可§VpOLGAL.CUNI MYCOMMISSION#GGO70325 EXPIRES:June6,2021 80ndedThIuNotaWPu制にUnde『wnte｢s 凸隆 －一 『二 ■P■■■■一二一.逆世甚一己1里"善毛玩造 CPⅦ8-COA-OO115Ⅶ55 REV3/24/14 11.D.9 Packet Pg. 2651 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) AFFاDAا٧T ٥F AUTHORIZATION F٥R ΡΕΤ!Τ!ΟΝ NUMBERS(S) #20190000948 |أ Orlando ل- Valdes applicable) of Ventura Yahl iLLC unde٢ oath, that I am the (choose one) owne٥^٢ applicant٥contract purchaser I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the land Development Code; 2. All answers to the questions in tills application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true;I have authorized the staff of Collier County to enter upon the property during normal working hoursfor the purpose of investigating and evaluating the request made through this application; and that4. fhe property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5, We/I authorize James Go!den. Grave saenlific & Engineering Co, in any matters regarding this petition including 1 through 2 above. (print name), as Manager (title, if (company, Iţappiicable), swear or affirm and that: 1 3 to act as our/my representative *Notes: * If the applicant is a corporation, then It is usually executed by the corp. pres, or v. pres.* If the applicant is a limited liability Company (lie.) or limited Company (I.C.), then the documents shouldtypically be signed by the Company's “Managing Member.” « If the applicant Is a partnership, then typically a partner can sign on behalf of the partnership.» If the applicant is a limited partnership, then the general partner must sign and be identified as the “general partner” of the named partnership. « If the applicant is a trust, then they must Include the trustee's name and the words “as trustee”. » In each Instance, first determine the applicant's status, e.g.. Individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Oæ/huI) '7 ا4)ا٠ /^Signature //-/j'ا l Date STATE ٥F FLORIDA COUNTY OF COLLIER ^^^ing^n^ume^was ^^^n^o^r affirmed) and subscribed before me on :أ¿[//date) by )؟ affirmation), as ;vfbQ is Dorsenallv kmn t?e or who has produced(type of identific^ion) as STAMP/SEAL Signature of Notary Public - CP\08COA-00115\15S REV 3/24/14 11.D.9 Packet Pg. 2652 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) COL LIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public he aring, it is the responsibil ity of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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: Name and Address % of Ownership b.If the property is owned by a CORPORATION. list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Ventura Yahl, LLC Orlando J. Valdes, Mngr 100% 2651 SW 27th Ave. Miami, FL 33133 c.If the property is in the name of a TRUSTEE. list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 11.D.9 Packet Pg. 2653 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) C|er Count); 2800 NORTH HORSESHOE DR!VE NAPLES, FLORIDA 34104 (239) 252.2400 FAX; (239) 252-6358 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Ifthe property ¡5 ¡n the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: d. Name and Address %of Ownership 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: e. Name and Address %of Ownership Date of Contract: f.If any contingency clause or contract terms involve additional parties, list all individuals or officers. If a corporation, partnership, orUt: Name and Address Date subject property acquired ] leased: Term of lease -years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 11.D.9 Packet Pg. 2654 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) СоШег Cinty 2800 NORTH HORSESHOE DR!VE NAPLES, FLOR.DA 34104 (239) 252-2400 FAX: (239) 252-6358 COLOER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Date of option: - Date option terminates:. Anticipated closing date: or []AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holdin g party, must be disclosed to Collier County immediately If such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, ا attest that all of the information indicated on this checklist Is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ΑπΝ: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ùi/ếil '7 - i/£ال6 /-แ ا 7 Agent/Owner Signature Date Or.ando ل. Valdes) Magr Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 11.D.9 Packet Pg. 2655 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) cjrC^nty C٥LL!ER COUNTY GOVERNMENT GRO١٨^H MANAGEMENT DEPARTMENT www.coHiergov.net 2800 NORTH HORSESHOE DR!VE NAPLES, FLOR.DA 34104 (239) 252-2400 FAX: (239} 252-6358 []PROPERTY OWNERSH.P D.SCLOSURE FORM This ¡S a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes In contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional slieets if necessary. 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: a. Name and Address %of Ownership b.If the property is owned by a CORPORATION, list the officers and stockholders and the p-k owned by each: Name and Address %of Ownership Yahl Mulching & Recycling, Inc. Orlando Valdes, President. 2651 sw 27th Ave. Cocnut Grove, FI 34117 100% Jaime Calaf, VP, 2651 sw 27th Ave. Coconut Grove, FI 33133 0% Cleiton Del Castillo, CFO, 2651 sw 27th Ave, Coconut Grove, FI 33133 0% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 11.D.9 Packet Pg. 2656 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) cjy^ity C٥LL!ER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DR!VE NAPLES, FLOR.DA 34104 (239) 252-2400 FAX: (239) 252-6358 d.St the name of the !؛.fthe property !s !n the name of a GENERAL or L!M!TED PARTNERSH!P! :genera) and/or !Imlted partners Name and Address % of Ownership If there ¡S 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 o؛ficers, stockholders, beneficiaries, or partners: e. Name and Address of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired ไ Leased: Term of lease - g. years/montlis If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2'of 3 11.D.9 Packet Pg. 2657 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) cjy^nty COLLIER COUNTY GOVERNMENT GRO^H MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date of option: . Date option terminates:. Anticipated closing date: or ؛ ]AFFIRM PROPERS OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holdin g party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant 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 necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FI 34104 -Vl\ịsỉ1öai) ا Jalme Calaf, VP Agent/٥wner Name (please print) Created 9/28/2017 Page 3 of 3 11.D.9 Packet Pg. 2658 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Site Plans 11.D.9 Packet Pg. 2659 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2660Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2661Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) RAI 3 11.D.9 Packet Pg. 2662 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com December 23, 2019 Ms. Nancy Gundlach, Principal Planner Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Conditional Use Modification Application-CU-PL2010-166-Review Letter 3 Response Yahl Mulching & Recycling, Inc., PL#PL2019000948 2250 Washburn Ave. Naples, Fl 34117 Dear Ms. Gundlach: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this response to your review letter dated December 19, 2019 for the subject conditional use (CU) modification. Below we restate your comments, and respond accordingly. The following comments shall be addressed as noted: Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidi.ashton@colliercountyfl.gov Phone #: (239) 252-8773 Correction Comment 2: Miscellaneous Corrections: Please provide a copy of Resolution No. 91-747 referenced in your Narrative Statement. UPDATE: Resolution No. 91-747 is a provisional use for communications tower. There is no reference to an excavation. Please update the narrative. Response: The Narrative has been updated to state that Resolution # 91-747 was a provisional use as a communications tower, see attached revised page to insert into application. Correction Comment 6: Miscellaneous Corrections: Please enlarge text on the Site Plan so that it is legible when printed at 8 ½ X 11. Please use additional pages for the tables if needed. Please see my markup dated 11-4-19 on your site plan, to be provided by the County planner. Response: The original 2004 site plans were designed to be 24”x36”. Therefore, it is not possible to keep the same details at a scale of 8 ½”x11”. To provide this detail, the site plans have been cut into 4 sheets (Sheet 1, Parts 1 and2, Sheet 2, Parts 1 and 2), with match points to allow the details to be viewed at the letter size format, see attached. We trust that you will find this review response complete. Please contact us with any questions or comments. 11.D.9 Packet Pg. 2663 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 2 Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Collier Co. Attachments 11.D.9 Packet Pg. 2664 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Date:12/23/2019 NARRATIVE STATEMENT CONDITIONAL USE MODIFICATION YAHL MULCHING & RECYCLING, INC. The Yahl Mulching & Recycling facility located on Washburn Avenue in Collier County, Florida is presently a horticultural and C&D recycling facility. The addition of an air curtain incinerator (ACI) desired for the property. This narrative is to support that the proposed CU modification will be in harmony with the general intent and purpose of the LDC, will be consistent with the GMP, and will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. It will also show how the site will be in compliance with all local, state and federal regulations and in harmony. Please find the following information to address compatibility issues and concerns for odor, noise, health and safety, fire safety, traffic and hurricane preparation. Previous approved CU The site has had a Provisional Use for excavation a communications tower since 1991, resolution number 91-747. The site has also had four subsequent Conditional Uses related to mulching and recycling uses. 1.Resolution number 98-27, approved on January 27, 1998 for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2.Resolution number 2000-57, for an additional 5.19 acres, approved on February 22, 2000 for a Sawmill; 3.Resolution number 02-263, to expand to 27.9 acres, approved June 11, 2002 for a mulching and recycling facility. 4.CU-PL2010-166 to allow Construction and Demolition (C&D) recycling. Site Description and Maps The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Figure 1, General Location Map). The subject property is zoned "A", Rural Agricultural District and is vacant (See Figure 2, Aerial Map). The adjacent properties include agricultural land uses to the north and east, Collier County right-of-way to the south, and Collier County Landfill Facility, and a pavers company to the west, (See Figures 3 and 4, Existing Land Use and Zoning). The property is in the Agricultural/Rural Designation; Rural Fringe Mixed Use District (RFMUD); North Belle Meade Overlay (NBMO); Non-Natural Resource Protection Area (Non-NRPA). Sending Lands of the Collier County Growth Management Plan (GMP) Future Land Use Map (FLUM) (See Figure 5, Future Land Use Map). Additional Figures attached include a Soils Map, FLUCCS Map, and FEMA Flood Prone Area Map. 11.D.9 Packet Pg. 2665 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Part 2 --->Part 2 --->11.D.9Packet Pg. 2666Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) <---- Part 1<--- Part 111.D.9Packet Pg. 2667Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Part 2 --->Part 2 --->11.D.9Packet Pg. 2668Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) <--- Part 1<--- Part 111.D.9Packet Pg. 2669Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Neighborhood Information Meeting 11.D.9 Packet Pg. 2670 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood information meeting held by Grove Scientific & Engineering Co., on behalf of Yahl Mulching & Recycling, Inc. on: Thursday, January 30, 2020 at 5:30 p.m. at SpringHill Suites and Fairfield Inn & Suites by Marriott -3798 White Lake Blvd. Naples, Fl. 34117. Subject Property: Yahl Mulching & Recycling 2250 Washburn Ave., Naples, Fl, see location map. The property owner is petitioning Collier County to modify their existing yard waste recycling facility conditional use permit (#PL2019000948) and to amend the Growth Management Plan (#PL20190001052) to allow establishment and operation of an air curtain incinerator to dispose of yard waste and clean, untreated wood on a portion of the subject property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or email by February 29, 2020 to: James Golden, P.G., Grove Scientific & Engineering Co. 6140 Edgewater Dr. Suite F, Orlando, Fl 32810 P-(407) 298-2282, jimgolden@grovescientific.com 11.D.9 Packet Pg. 2671 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2672Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Neighborhood Information Meeting Collier County Petition Requests: •Existing Conditional Use Permit Modification (#PL2019000948) •Small scale Growth Management Plan Amendment (#PL20190001052) To operate an Air Curtain Incinerator (ACI) for yard waste volume reduction within a 3 acre area in an EXISTING Horticultural recycling area. January 30, 2020 11.D.9 Packet Pg. 2673 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County 2250 Washburn Ave. Naples, Florida 11.D.9 Packet Pg. 2674 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Yahl Mulching & Recycling An Existing 28 acre Yard Waste and Construction & Demolition (C&D) debris recycling facility Collier County Conditional Use Approvals 1.1998 –5 acre –horticultural recycling 2.2000 –5 acre –saw mill 3.2002 –28 acre –yard trash/horticultural recycling 4.2010 –28 acre –C&D Recycling Facility Florida Department of Environmental Protection Permit 1.2012 –28 acre –C&D debris & yard waste processing facility 11.D.9 Packet Pg. 2675 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County SITE PLAN Offices Horticultural Recycling Recycled Materials C&D Recycling SW Pond Conservation Conservation 11.D.9 Packet Pg. 2676 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County PROPOSED SITE PLAN HORTICULTURAL RECYCLING AREA ACI ACI 3 Acre Area 11.D.9 Packet Pg. 2677 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County ZONING MAP 11.D.9 Packet Pg. 2678 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County o A safe and efficient method of clean wood disposal without smoke o Setback 300 feet from residences, Meets Florida Forest Service Setbacks o Wind Speed for ACI use needs to be less that 15 mph o Setback 50 feet from all boundaries and vegetation o Localized in an 3 acre Horticultural Recycling Area o Must have an FDEP Air Construction/Operation permit per Rule 62-212 o Air Curtains prevent the release of smoke once started up o Hours of operation 6:30 am to 5:00 pm Monday through Saturday o Started After sunrise and Stopped before sunset ACI Definition and Operation ACI Definition: Air Curtain Incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit, or above ground metal container with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit/container and a recirculating motion of air under the curtain to contain smoke. Advantages and Operation: 11.D.9 Packet Pg. 2679 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County AIR BURNERS S-327 11.D.9 Packet Pg. 2680 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County ACI Operation & Fire Prevention o Trained spotters and ACI operators o Burn only horticultural waste and clean wood o Initial & Annual Smoke (VE) tests for FDEP permit –daily records o Florida Forest Service burn approvals o Maintain Fire Control Access Roads o 500 gal. Water Truck, 16” dia. Fire well, 2”-dia. stand pipes water supply at wood piles o Soil piles to smother fire o Continued Fire Prevention and Fighting Training o Coordinate with Collier County/Naples Fire Departments 11.D.9 Packet Pg. 2681 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Requested GMP Amendment –Collier County Future Land Use Element (5) Facilities for resource recovery and for the collection, transfer, Processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dry filling, incinerating, except for an air curtain incinerator (ACI),or other method of onsite solid waste disposal. For the purposes of this subsection, the air curtain incinerator (ACI) allowed by this exception shall mean an ACI located within the three ±(3) acre specific description of area in the above described property, as depicted on the Air Curtain Incinerator Facilities map of the FLUM series. An ACI can be defined as:…. 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: 11.D.9 Packet Pg. 2682 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Questions? 11.D.9 Packet Pg. 2683 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com February 20, 2020 Ms. Nancy Gundlach, Principal Planner Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Neighbor Requested Conditions and Additional Information Conditional Use Modification Application-CU-PL2010-166, GMPA Yahl Mulching & Recycling, Inc., PL#PL2019000948/PL20190001052 2250 Washburn Ave. Naples, Fl 34117 Dear Ms. Gundlach: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this overview of the results of the Neighborhood Information Meeting (NIM), and subsequent one-on- one neighbor meetings. These meetings were in an effort to develop added conditions of approval to respond to neighbor concerns and applicant’s actions to improve the proposed development of an air curtain incinerator (ACI) on a 3 acre area of the northeastern part of the 28 acre site. Our PowerPoint presentation, video and sign in sheet for the NIM has previously been submitted to you. NIM Comments and Concerns-January 30, 2020. The following list of neighbor comments and concerns that were expressed at the NIM held on this date, based upon the recorded video and transcribed record: 1. Smelling smoke from the ACI and air quality impacts; 2. Current visual impacts of the construction and demolition (C&D) pile, visible from Washburn Ave.; 3. Control burns and accidental fires have threatened the neighborhood in the past, concerned about ACI increasing fire threat; 4. Concerned that there will be poor training and lack of Environmental Agency enforcement, potential to burn other wastes; 5. Did not like wood grinding that has been done in the past on the site, created dust problems; 6. Noise impacts concerns from the ACI engine and fan; 7. ACI smoke air quality impacts; 8. Washburn Ave. is dangerous, trucks speed, and go wide on sharp curves; 9. Added sprinklers along north and east sides good to prevent fire ashes from going off site; 10. ACI is good for hurricane waste disposal; used on 1-75 median; 11. Interested in info on other ACI locations in Florida; 12. Wanted to be noticed when ACI was burning; 13. Concerned about ash disposal, cooling down period; 14. Asked if ACI could be moved to another parcel off site to the south. One-On-One Neighbor Meetings Jeff Ekiss, Manager, Yahl Mulching & Recycling (Yahl), has been conducting one-on-one neighbor meetings for the last 3 weeks since the NIM. The following is an overview of those meetings and additional information sent to them: • Pat & Kathy Landcaster- Neighbors with 100 yards of the property met on 2/10/20, have no issue with the ACI. 11.D.9 Packet Pg. 2684 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 4 • Anthony Medina, close neighbor, - Has no issue with what we are doing. • Russel, directly to north of the site, has no issue 2/10/2020. • Frank & Kelly Yahl- Could not be reached on Friday. Went twice to the location, left business card on 5th wheel trailer where they are living at. Sent information (Air Curtain Burners Explained, Air Burners, Inc., see attached) by mail. • Saloardo Martinez- no issue when we spoke last. • Tracy & Gretchen MacDonald- Sent Air Curtain burner info by email. markleymac@aol.com • Jim Snellgrose- 1925 Irish Ave (Has not been contacted yet lives 1.5 miles from Yahl Mulching & Recycling) ACI info was mailed to this address. • Justin Liddle 1905 Irish Ave (Has not been contacted yet lives 1.5 miles from Yahl Mulching & Recycling). ACI .info was mailed to this address. • Nicole Soubelet/Richard Soubelet/ Richardo Soubelet-have not been able to get in touch with them on Friday. (Dr. Richard Soubelet) ACI .info mailed to this address. • Bill Ragan- Was not able to get ahold of on Friday. ACI info mailed to this address. • John Nebus- was not able to get ahold of on Friday....sent an email, no response. No address to mail to. • Met with Shannon Crawford on 2/10/20 (approx. 600 feet to northeast), she would like-: 1)Wants to see the C&D pile reduced. 2)Wants the Yahl Mulching & Recycling sign on west fence taken down. 3) Wants signs put up that say "Slow Down" on Washburn (which we are in the process of doing) 4) Inform people to slow down. (Customers of Yahl) 5) Not allow people to use the back exit gate to leave the property. • Mr. Martinez- stopped by Thursday with a family to talk about the ACI- Was only interested in selling Yahl Mulching and Recycling 50 acres of property. • Frank & Kelly Yahl- Could not be reach on Friday. Went twice to the location, left business card on 5th wheel trailer where they are living at. • Tracy & Gretchen MacDonald- Tracy is stopping by today to pick up ACI information and ask questions. (Lives more than 1,000 feet from the location, never got a mailer from the list) Yahl Mulching Actions in Response to Neighbor Concerns and Added Conditions of Approval Air Quality Yahl Mulching and Recycling are allowed to operate large wood grinders to create mulch, with no restrictions under their currently approved zoning and conditional use permits. Yahl views the ACI as an improvement to local air quality over the grinder operation. This is supported by the attached Air Burners brochure, that shows that particulate matter generation of ACIs is 25% of a grinder, and less 11.D.9 Packet Pg. 2685 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 3 of 4 that 1% of open burning. Smoke (less that 35% opacity) is only released from an ACI during a brief fire starting period, and small puffs during wood loading during full burning times. A link to a video from Air Burners is attached to show the very clean, heat only release from an operating ACI. Click here to view video. The prevailing wind at the Yahl site, and in Naples area, is from the East-Southeast, see attached wind rose from Naples airport NOAA station. Therefore, what little smoke that will be generated from the ACI will primarily flow to the west, northwest, toward the Naples landfill, and not north or east, toward the residential properties. Dr. Richard Soubelet, who lives approximately 1000 feet east of the site, has sent into the record a complaint in opposition, stating that his daughters’ respiratory health problems will be affected by the ACI smoke. To address his concern. Yahl has agreed to not operate the ACI when the wind is from a western direction, i.e., blowing to the east, towards Dr. Soubelet’s property. This action will be controlled using a weather station that will be installed on the site, in addition to a wind sock to guide the ACI operator’s daily decisions. The following actions are immediately being taken by Yahl to address neighbor concerns : 1. Reduce the C&D storage pile by using a new 1800 Power Screen that will significantly increase recycling production, and allow significant C&D pile size reduction. 2. Install “slow down” signs at the sharp curves along Washburn Ave. 3. Notice all customers that trucks are required to go slow on Washburn Ave.;’ 4. Yahl collection trucks will not leave site before 7:30 a.m., after the school buses have picked up; 5. Remove Yahl Mulching sign on western fence; 6. Install green fence screening on all perimeter fencing. Fire Prevention ACIs have proven to be a very safe way of incinerating clean wood. The burning within an ACI is controlled within a fire-proof container, with a high velocity air stream containing ashes and cinders within the burn box. Again, smoke, and small amounts of particulates are released only during startup and loading. Florida Forest Service (FFS) and FDEP strict regulations on ACIs are focused on fire prevention. Yahl will have to comply with these regulations, during initial testing, and ongoing operations. Attached is Yahl’s extensive Operations Plan for the ACI, with pages 7 thru 14 dealing with fire prevention and control. All Yahl ACI Operators will be required to the trained by Air Burners, manufacturer, and by Yahl Managers, to properly operate the ACI to prevent smoke and fires. Jeff Ekiss, Site Manager, will be certified as an ACI Operator within the next 2-3 weeks. ACI operator, and fire prevention training will be ongoing for all operators. Records will be maintained of this training. Yahl will be required to call the FFS each day to get the ok prior to burning, to ensure that drought or high wind conditions do not prohibit burning that day. Only vegetative debris, and clean wood can be burned in the ACI. ACI ash must be totally cooled for removal into compost pile each morning. The site has many existing fire prevention systems: a 500-gallon water truck, with fire pump; fire extinguishers on all equipment; front-end loaders and soil piles to smother any fire; a 16-inch fire water 11.D.9 Packet Pg. 2686 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 4 of 4 supply well; 2-inch standpipes and sprinkler systems adjacent to wood recycling area, and the proposed ACI. Yahl is open to adding additional sprinklers along the northern and eastern corner of the site, to further prevent dust or ashes from going of-site Noise The operation of the ACI engine and fan will not violate the Collier County Noise ordinance limits for agricultural areas of 75 dB off site, and of 60 dB in residential areas. Attached are Air Burner’s noise testing results from a similar ACI, that show that at a distance of about 100 feet, the closest the ACI will be to the Yahl property line, the noise level will be about 70 dB, or below the 76 dB noise limit in agricultural areas. The closest home is more than 400 feet from the proposed ACI location, so the estimated noise will be far below the 60 dB residential maximum. Truck Traffic Truck traffic at the Yahl facility will not increase from the proposed ACI installation. On the contrary, currently Yahl must use transfer trucks to transport excess yard waste to the landfill. Once the ACI is in operation, this excess yard waste will be disposed of on site, thus removing the transfer trucks from Collier County roadways. Voluntary Conditions of Approval Offered by the Applicant: 1. Yahl will copy Collier County staff on all ACI permits, testing, and annual reports; 2. Prohibit ACI burning during a west wind direction 3. Install a weather station and wind sock on site to document and monitor wind direction and speed; 4. Install a type “C” vegetative buffer along the northern and eastern boundaries of the 3-acre Horticultural Recycling area (see attached revised Site Plan); 5. Signal daily, with a green sign at Washburn Ave. gate, that the ACI is in operation; 6. Offer use of the ACI to Collier County during hurricane clean up. We will continue to meet with and listen to the neighbors, and working with County staff thru the hearing process. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Commissioner McDaniel, Collier Co. Attachments 11.D.9 Packet Pg. 2687 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) AIR CURTAIN BURNERS EXPLAINED Air Burners, Inc. 4390 Cargo Way Palm City, Florida 772‐220‐7303 www.AirBurners.com 11.D.9 Packet Pg. 2688 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 1.0 INTRODUCTION PAGE 3 What is the purpose Why use these machines 2.0 AIR CURTAIN PRINCIPLE PAGE 5 How does the Air Curtain work 3.0 AIR BURNERS EMISSION DATA PAGE 6 Regulatory concerns Emissions data from a variety of tests 4.0 COMPARING TO GRINDERS PAGE 8 What is the total emissions difference PM CO2 NOX 5.0 BIOMASS POWER GENERATION PAGE 13 A revoluƟonary design for Biomass Power 6.0 METHODS OF REGULATION PAGE 14 7.0 SUPPORTING DOCUMENTS AND REFERENCES PAGE 15 TABLE OF CONTENTS © 2018 Air Burners, Inc. All Rights Reserved Rev A v4.0 11.D.9 Packet Pg. 2689 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 This brochure is a comprehensive document concerning Air Curtain Burners designed primarily for our regulatory and environmental communiƟes to help in understanding the principles, use and benefits of air curtain machines. Air Curtain Burners are machines designed as an environmentally friendly alternaƟve to open burning or grinding of wood and other vegetaƟve waste. The purpose of an Air Curtain Burner is to eliminate waste and, in the case of our PGFireBox® to generate electricity from that waste. Air Burners, Inc. is the original designer and the leading manufacturer of air curtain machines. We have been building and shipping these machines around the globe for over 20 years. This brochure will give you an overview of the principles behind the Air Curtain machine, the benefits of using Air Curtain machines and the environmental benefits of Air Curtains. Why Air Curtain Burners? As most environmentally concerned people know, ParƟculate MaƩer, very small airborne parƟcles (including Black Carbon and other dust aerosols) is one of the most significant components of climate change. Most of the scienƟfic community now consider PM/Black Carbon the number two concern behind CO2. (see www.StopBlackCarbon.com for more detailed informaƟon) ParƟculate MaƩer has risen in aƩenƟon for three reasons: 1) The effect on our health ‐ these small parƟcles (PM2.5) are not stopped by our body’s natural defenses. 2) PM can be a component (VOC) of ground level ozone especially from wood grinding or wood smoke. 3) PM is a major contributor to climate change (BC). But the good news is that of all the climate change contributors, these suspended parƟcles are the ones we can correct the quickest. Compared to CO2 and other greenhouse gases that have an atmospheric life of 50 to 100 years, PM/Black Carbon’s life span seldom exceeds 1 year. While some PM occurs naturally from dust storms, wildfires and volcanoes; the vast majority originaƟng from our urban areas is manmade, but there are ways to combat it. In this document we are focused on the emissions generated by the way we as a world community eliminate our vegetaƟve waste because vegetaƟve waste comprises approximately 20 percent of the World’s waste. (Climate InsƟtute/USEPA) and open burning of these types of wastes account for over 40 percent of the PM/Black Carbon in our atmosphere (Climate InsƟtute/USEPA). It is the “easiest” fix we have in front of us to combat climate change. Air Curtain Burners are the only machines available today in the green waste market that were designed specifically to eliminate PM/Black Carbon. 1.0 INTRODUCTION 11.D.9 Packet Pg. 2690 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 Where does our Green Waste Go? Today, the most common method of handling our green waste is to grind the material and haul it to a landfill. The process of grinding wood and other vegetaƟve waste is one of the worst contributors to climate change with large releases of non‐biogenic CO2, Black Carbon and NOx. Grinding is a “process” it is not an “end soluƟon.” Open burning, landfill and Air Curtain Burners are all “end soluƟons,” and of those end soluƟons Air Curtain Burners have the lowest impact on the environment. To help provide prospecƟve with these emissions we have included a comparison of emissions between Air Curtain Burners and the typical Grinding/ hauling operaƟon beginning in secƟon 3.0 of this document. ComposƟng and Mulch You may be familiar with potenƟal usage for ground vegetaƟve waste, commonly known as mulch, for gardens. The markets for these materials is very limited. In wildfire prone areas spreading mulch is inviƟng disaster. Most home owners do not want mixes of vegetaƟve waste going on their gardens. This type of mulch oŌen contains fungi, invasive species, and bug larvae. Piling these grindings at our local landfill is an environmental disaster waiƟng to happen. Methane outgassing is one of the most significant climate change factors, the leachate run‐off is reaching our underground water and the spontaneous combusƟon risk is very high. ComposƟng on the other hand, can support our agricultural community. CommuniƟes that do not have a significant agricultural presence will have a difficult Ɵme finding uses for the compost. Making the compost requires mulƟple grindings, then mulƟple windrow turns and handling. All of these processes result in significant environmental impacts: methane producƟon, VOC, NOx and ParƟculate MaƩer. We have far too much green waste to turn it all into mulch or compost. Biomass Power Biomass power generaƟon is the best hope for vegetaƟve waste. Our green waste is a renewable fuel source. We should be extracƟng the energy to support our world’s energy needs rather than wasƟng energy to make products that have very limited use. If local communiƟes begin adopƟng biomass power generaƟon on smaller scale, like 1 megawaƩ and less, as a means to eliminate their green waste we would accomplish four important goals; 1) we would reduce emissions 2) we would generate low cost energy, 3) we would support a more secure electrical grid with “distributed power” and 4) we would eliminate our green waste. At Air Burners we have developed the most environmentally friendly and cost effecƟve biomass power generaƟng staƟon available today, the PGFireBox®. Our system is available in three power ranges 100kW, 500kW and 1000kW. See www.PGFireBox.com for more informaƟon. Economics Another reason for using an Air Curtain machine is economics. They are the most cost effecƟve “end soluƟon” for wood and vegetaƟve waste. In these Ɵmes of difficult municipal budgets, communiƟes can benefit by reducing their load on the local landfills and at the same Ɵme take one more step forward in the baƩle on climate change. There is not a lower cost method of disposal for wood and vegetaƟve waste. Plus, our machines make energy, the other disposal methods waste energy. The following secƟons will provide you more details on the machines, emissions data and the federal regulaƟons. You can find addiƟon resources at www.AirBurners.com or by calling our offices. Compost site out‐gassing 11.D.9 Packet Pg. 2691 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 OperaƟon You can see in the picture to the right two standard Air Burners FireBoxes completely full and burning while in the background a pile of wood is open burned. This is a photograph taken by BC Hydro in Canada at one of their hy‐ dro‐electric dams. You can see the heavy parƟculate release which is typi‐ cal from the open burning. The wood pile that is open burning con‐ Ɵnued to burn for several days with that parƟculate release conƟnuing 24 hours a day. That open burning pile could have been eliminated with the FireBox in less than 1 hour with significantly less impact on the environment. Principle The purpose of the air curtain is to stall or slow down the smoke parƟcles on their way out of the FireBox. In doing this the parƟcles (PM) are subjected to the highest temperatures in the FireBox. Stalling the smoke parƟcles in this region just under the air curtain causes them to re‐burn, further reducing their size to an acceptable limit. The result is a very clean burn with opaciƟes well under 10% per EPA Method 9 TesƟng (as compared to open burning which typically can run at 80% to 100% opacity). FireBoxes full and burning Open Burning 2.0 AIR CURTAIN PRINCIPLE OF OPERATION Air Curtain Burners were designed principally as a polluƟon control device. The primary objecƟve of an air curtain machine is to reduce the parƟculate maƩer (PM) or smoke, that results from burning clean wood waste. It is someƟmes hard to visualize without seeing a machine in operaƟon (see video at: www.AirBurners.com), but the machines do not burn anything, rather they control the results of something burning. You could look at it as a polluƟon control device for open burning. Clean wood waste is loaded into the FireBox, an accelerant like diesel is poured onto the wood and the pile is ignited. Once the fire is ignited the vegetaƟve waste burns naturally, no addiƟonal fuels are used. Very similar to starƟng a camp‐ fire. Once the fire has reached suitable strength, usually in 15 to 20 minutes, the air curtain is engaged. The air curtain then runs at steady‐state throughout the burning operaƟons and the waste wood is loaded at a rate consistent with the rate of burn. 11.D.9 Packet Pg. 2692 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 Air Curtain Purpose Air Curtain Burners were designed as tools to help move away from other more damaging vegetaƟve waste disposal processes like open burning and grinding. CombusƟon by Air Curtain Burner is a natural process but with the added benefit of parƟculate reducƟon. The purpose of an air curtain burner is to control emissions from the burning of wood waste and they have been proven to be far more effecƟve at protecƟng our environment than grinding, landfill and open burning. Air Burners‘ air curtain burners have been tested on a number of occasions over a couple decade’s span. Tests have been commissioned by Air Burners (Fountainhead), our customers (Air‐Tec BC‐Hydro) and various Government Agencies (USDAFS, US EPA/ Lockheed). The resulƟng data that is available for public use is either presented herein or posted for download on our website; www.AirBurners.com In addiƟon we have posted any videos of the tesƟng that are in the public domain as an example, the US EPA carried out extensive tests in Louisiana for the purpose of studying the use of our machines for the destrucƟon of rouƟne vegetaƟve waste in comparison to disaster recovery debris from Hurricane Katrina (videos are accessible on our website at: hƩps://airburners.com/resource‐center/videos On the following pages we have provided a summary of test data from Air Burners machines. Note this data only applies to Air Burners, Inc. machines. There are companies who have tried to copy our designs but from an emissions stand point if the air curtain is not engineered correctly you can not achieve the results listed herein. There are a few different ways to achieve the correct balance of mass flow and velocity in creaƟng the air curtain. Therefore a manifold “flow” test is not sufficient to determine a correct air curtain. If the flows are incorrect more parƟculate is released and more hot embers will be disbursed. The definiƟve method of insuring correct emissions control is by cerƟfied tesƟng of emission results, as is presented in this document. Air Curtain Burners are “polluƟon control” devices therefore a manufacturer claiming to build air curtain machines should be required to provide the same kind of independent test data as we have provided in this document as proof of parƟculate maƩer control. Regulatory Concerns If you are considering regulaƟons for your state, county and/or town regarding Air Curtain Burners we would suggest you consider two levels of permiƫng: 1) Temporary and 2) StaƟonary. 1) Temporary Use ‐ As an alternaƟve to open burning and to encourage a move away from open burning, allow permits under a similar system as was used for open burning but with more liberal burning allowances. This generally means a local permit easily and quickly obtained from a local authority such as the fire department or the forestry department. Typical applicaƟons would be for land clearing, forest fuels reducƟon, pipeline clearing, roads and parks cleanup, invasive species removal, etc. Typically these machines would not be allowed to operate at the same locaƟon for more than 6 months. 2) StaƟonary Use ‐ These applicaƟons would include county landfills, parks, transfer staƟons, industrial sites, etc. These applicaƟons would require USEPA Title V or Works permiƫng through the State or local air quality office. In the USA the Code of Federal RegulaƟons provides for a simplified system to allow an abbreviated Title V permit for these applicaƟons as Air Curtain Burners are exempt from all performance requirements except opacity (EPA method 9). The combusƟon of clean vegetaƟve waste is considered carbon neutral, therefore the concern in permiƫng a staƟonary unit should be a) parƟculate release and b) local effects or impacts. We recommend that all permanent installaƟons should be biomass power generaƟng. From an economical standpoint the PGFireBox as an example is no more expensive than a 500hp grinder but it is beƩer for the environment and instead of wasƟng energy, it creates it. 3.0 AIR BURNERS, INC. EMISSIONS DATA 11.D.9 Packet Pg. 2693 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 Emission Data The standard test carried out rouƟnely to judge the proper performance of an air curtain burner for Air Source Permit Title V acceptance is a visual emissions (VE) test based on a cerƟfied smoke reader’s observaƟon or by comparing his/her observaƟon to the Ringelmann Scale, a simple tool for judging the density of a smoke plume. The density is expressed in percent (%) opacity. The US EPA sets limits for opacity for various emissions sources, including air curtain burners. The limit for steady‐state operaƟon is 10% opacity. This is determined by recording the opacity 4 Ɵmes a minute and then averaging the 24 readings every six minutes pursuant to USEPA Method 9. None of the averages should exceed 10%, except during the iniƟal 30 minutes of start‐up during which Ɵme the average opacity may reach 35% for air curtain burners as the machine increases its operaƟng temperatures in the combusƟon chamber (FireBox). Opacity is an easy and economical method of regulaƟng but any manufacturer of these machines should be required to provide independent test data to the local air quality office. This will verify that the non‐visible parƟculates like PM10 and PM2.5 are being controlled. Below is a table with results of four independent tests run on various Air Burners machines over a mulƟ‐year span of Ɵme. SupporƟng references and data are provided in the appendix (or available through the factory). Air Burners, Inc. FireBox Emissions Factors for CombusƟon of VegetaƟve Waste Emissions Factors are shown in lbs. of emissions per 1 ton of vegetaƟve waste combusted (except opacity) PM 2.5 PM 10 SO2 NOx CO VOC/NMHC CH4 Opacity CE Air Tec ‐ BC Hydro na 0.13 0.00313 0.03 0.611 0.11 na 5.00% na Missoula ‐ USDA Forest Service 1.1 na na na 2.6 1.1 1.4 na 99% Fountainhead Engineering na 0.10 0.005 0.05 1.050 na na 5.40% 99% Lockheed/EPA Region 1 na na ND na 1.17 (Note 1) 0.005 (Note 2) na na na ND = Not detected; na = Not tested Note 1 = 50 Ō downwind (Puerto Rico) Note 2 = 100 Ō downwind (Puerto Rico); 50FT = ND Contact Air Burners, Inc. for more in‐ 11.D.9 Packet Pg. 2694 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 Air Curtain vs Grinder As part of the environmental informaƟon concerning Air Curtain Burners (ACB) we are presenƟng some of the data in comparison to a wood waste grinder. Currently grinding and hauling of wood waste to landfill is the most common method of disposal. The grinding machines are not typically subjected to any permit requirements like the air curtain machines (although that is now changing in the US). Because the Air Burner involves “burning” many assume it is therefore worse for the environment, but compared to the grinding/ hauling opƟon that is not the case. 1) The ACB FireBox is an “end soluƟon” and actually eliminates the wood waste, while a grinder is just a “handling process” where 100 tons of wood submiƩed to the machine delivers 100 tons of ground wood waste. 2) The FireBox uses the waste as its fuel, where the grinder uses hundreds of gallons of Diesel fuel to grind wood in to mulch. 3) The FireBox creates a small amount of natural clean ash and BioChar that are a natural soil amendment, the grinder creates a huge amount of mulch which is a non‐natural product with almost no use. 4) The FireBox has less impact on the environment; the grinder and associated transportaƟon have a significantly negaƟve impact on the environment. 5) The FireBox can create energy from the waste, the grinder only consumes energy. The Air Curtain FireBox allows wood waste to burn naturally as has been happening on Earth for millions of years, but without the unwanted ParƟculate MaƩer or Black Carbon release. As we concern ourselves with the reducƟon of climate changing impacts on our environment, the FireBox is the best choice for immediate reducƟon in black carbon and non‐biogenic CO2 emissions. The same amount of Biogenic CO2 will be released from the Air Burner and the decaying wood chips from grinding but only the grinder will release large amounts of non biogenic CO2. The following secƟons will present and compare the emissions for some of the most concerning contributors in the baƩle against climate change. Comparison Emissions from Air Curtain Burner and Grinder ‐ PM ‐ CO2 ‐ NOx 1. Air Curtain FireBox The air curtain burner selected for this comparison is a mid‐size Model S‐220. It is equipped with a small Diesel engine (50 hp) that powers the air fan. The wood is burned inside the burn chamber where the wood waste is the only actual “fuel” that is combusted. No supplemental fuels are used to support combusƟon. PM, non‐biogenic CO2 and NOx Emissions from the engine and combusƟon process will be considered. 2. Wood Grinder Grinders are powered by large Diesel engines, some larger than 1000 HP. For this comparison we will compare a 400hp diesel grinder which is the smallest horsepower grinder you can purchase that will sƟll grind “whole logs.” PM, non‐biogenic CO2 and NOx Emissions from the engine exhaust and the wood dust from grinding will be included. SupporƟng data and references are included in the appendix and addiƟonal informaƟon can be provided by calling Air Burners, Inc. 4.0 COMPARING TO GRINDERS 11.D.9 Packet Pg. 2695 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 PM or ParƟculate MaƩer is a significant health concern when it is airborne in very small parƟcles. When the size of the parƟcle is 10 microns or less (PM2.5) then our bodies have liƩle or no protecƟon from inhaling these parƟcles. Once inhaled they can cause severe respiratory and other health issues. These parƟcles gen‐ erally exist in two forms; dust aerosols and black carbon. Dust does occur naturally and there is not much we can do about that, but the dust aerosols that are generated by operaƟons like grinding, crushing, digging, and other industrial operaƟons can someƟmes be controlled with filters, or sprinkler systems. In this brochure we are comparing parƟculate maƩer releases between air curtain machines and wood grinders. In addiƟon to PM from Diesel engine combusƟon, the grinding of wood waste and the subsequent handling, transporƟng and storage result in addiƟonal fugiƟve dust (PM) and these parƟcles are predominantly raw wood aerosols. Raw wood parƟcles are a known carcinogen with obvi‐ ous health implicaƟons, especially to a populaƟon close to the source, such as the site operators. It is obvious that raw wood PM emissions from grinders must be mini‐ mized. The other PM of concern is Black Carbon. A combusƟon process like diesel engines or open burning generate Black Carbon (BC) consisƟng of clusters of carbon molecules measured in microns i.e. 10μ (PM10) which are strictly regulated. Black Carbon emissions consƟtute an aerosol and not a gas, because BC consists of pure carbon suspended in the atmosphere as Ɵny solids. PM tends to gravitate back to earth over Ɵme and is considered one of the most significant contributors to “Global Warming.” While suspended in the atmosphere, the parƟcles absorb sunrays and release infrared rays as heat that raise the temperature of the layers in the atmosphere where they reside thus contribuƟng to the warming of the planet. As they fall back onto earth, the Black Carbon causes reducƟon of “albedo”, the ability of an object or parƟcle, such as snow or ice crystals, to reflect sunlight (heat). When Black Carbon is deposited on snow and ice, it accelerates the melƟng of the snow, ice, or glaciers in areas where typically no appreciable reducƟon of frozen mass occurs naturally. It adversely affects “Global Warming” which is most noƟceable on Earth in the permafrost regions but more significantly, its residence Ɵme in the atmos‐ phere is very short measured in weeks and months. Reducing this PM would have a near immediate posiƟve effect on Global Warming in contrast to CO2 which remains in the at‐ mosphere for 100 years or more, and any current CO2 miƟgaƟon efforts would yield results only for future generaƟons. While we should work diligently towards the reducƟon of CO2, immediate efforts should be made to miƟgate or eliminate BC releases from combusƟon processes, whether from open burning or combusƟon of hydrocarbons in engines, due to the immediate posiƟve impact on the effects of climate change. The Air Burners FireBox was designed specifically for the reducƟon of PM/Black Carbon and it is a proven and effecƟve tool for achieving the goal of PM/Black Carbon reducƟon now. PM Grinder—Significant PM discharge FireBox—No visible PM discharge 11.D.9 Packet Pg. 2696 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 Strong regulaƟons are being put in place to miƟgate the raw wood PM release from grinders, i.e. California requires grinders to meet strict PM regulaƟons now in their Title V permits. In some areas like MarƟn County, Florida, buildings were constructed at great taxpayer expense to house the grinding operaƟons in an effort to control the airborne parƟcles. In many cases the Air Curtain FireBox is a beƩer soluƟon as it meets a much Ɵghter PM standard than Grinders and does not emit raw wood parƟcles. With today's grinder technology it is very difficult to control PM emissions. The state of grinder technology today will only allow US authoriƟes to regulate grinders to a maximum opacity of 20% whereas the limit for PM emissions from the air curtain burner is a maximum of 10% opacity (USEPA). Opacity is a measurement of the density or thickness of a PM emission plume rising up from a staƟonary source. This means that it is recognized by the authoriƟes that a FireBox will release much fewer parƟculate emissions when operated properly than is pracƟcal and achievable for the grinder. The grindings also pose an extreme environmental hazard. There is a very limited market to recycle the wood grindings, first, for the grindings to be useful for gardening and landscaping they must be sorted to eliminate the spread and contaminaƟon of invasive species, second, the grinding will not eliminate any molds, fungi or diseases from destrucƟve insect larvae, like longhorn beetle and third, with almost no recycling market the grindings are being piled at landfills and transfer staƟons across the country significantly increasing the occurrence of spontaneous combusƟon and the devastaƟng long term environmental impact that follows. PM—Mulch Fire in Florida caused by spontaneous combusƟon of wood grinding piles The chart at the leŌ shows a PM2.5 comparison between an Model S220 Air Burner (USDAFS test of Air Burners Model S220) and a 400 hp wood grinder (Sheffield Hallum University study). The totals represent PM2.5 release for 20 tons of wood processed. Pounds per ton release would be 4.39 lbs for the grinder and 1.1 lbs for the Air Burner. The Air Burner’s emissions are measured emissions and include fugiƟve dust from surrounding operaƟons. The grinder’s emissions are measured PM10 and calculated PM2.5 using methods from the “PolluƟon Abatement Handbook” World Bank Group, and South Coast Air Quality District ‐ “Final –Methodology to Calculate ParƟculate MaƩer (PM) 2.5 and PM 2.5 Significance Thresholds “ and does not include fugiƟve dust from operaƟons. 11.D.9 Packet Pg. 2697 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 The gaseous emission of concern emiƩed from both air curtain burners and grinders is the dangerous non‐biogenic CO2. We are using this as the standard for comparison as it is classified as the major undesirable Greenhouse Gas and it tends to be the common denominator when comparing emissions. Other releases from a process of incomplete combusƟon, such as organic gases (CH4 etc.) are not addressed in this review, as their releases follow the same proporƟons as CO2 with regard to this FireBox‐to‐Grinder comparison study. Biogenic CO2 also does not enter the comparison, because Biogenic CO2 from wood is considered carbon neutral by the IPCC and USEPA. The biogenic carbon release ulƟmately is the same for the air curtain burner and the grinder. The following secƟons compare and explain the CO2 emissions. C. Carbon Cycle First we should understand “Biogenic CO2 and the Carbon Cycle, based on which the IPCC and other agencies have determined that the burning of woody biomass is CARBON NEUTRAL, that is the release of biogenic CO2 is not considered a bad Greenhouse Gas in contrast to the carbon dioxide that is released into the atmosphere from the combusƟon of hydrocarbons such as petroleum or Diesel fuel. The carbon that is released in this case was long sequestered deep inside the Earth and it would have remained there forever, were it not harvested by man and combusted in Diesel engines of trucks, grinders, ocean ships, airplanes, etc. The Biogenic CO2 from Biomass burning represents carbon that was absorbed by trees and taken from the surrounding CO2 in the air as the result of nature’s process of photo syntheses by which life is sustained on Earth. The carbon porƟon of the CO2 remains short sequestered in the woody tree or other vegetaƟon and the oxygen is released into the surrounding atmosphere. When the wood waste burns in the air curtain burner, as it would naturally in a wildfire, but at very high combusƟon efficiency in the ACB, the carbon from the woody biomass again combines with oxygen and forms CO2. The cycle is complete. No addiƟonal CO2 was added to the atmosphere. The carbon cycle is depicted in the image to the right. The short sequestered CO2 in the wood will eventually be released whether it is submiƩed to the ACB or the grinder or leŌ to fall in the forest. CO2 11.D.9 Packet Pg. 2698 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 NOx is naturally occurring, but it is the manmade version that is causing us difficulƟes. Most commonly NOx is produced as a result of high temperatures of combusƟon like a diesel or gasoline engine. With trucks, autos, planes and trains so common around the world producƟon of NOx is conƟnuous. NOx combining with VOC’s can create ground ozone (smog). So controlling NOx is important especially for more densely populated areas and non‐ aƩainment zones. The Air Burners machines have been tested for NOx producƟon. The chart below shows the difference in NOx release between the Air Burners machines and the process of grinding and hauling NOx The chart at the leŌ shows the difference between an Air Burners diesel driven FireBox burning clean wood waste and a 400 hp diesel grinder reducing wood waste for transport to landfill. Both are processing 20 tons of clean wood waste. The Air Burners FireBox NOx reading is for both engine and wood burning combined for total NOx. These results are from actual tests. The grinding/hauling process handles the same 20 tons of wood waste. The results include the grinding and one 450 hp truck compleƟng one 50 mile round trip to the landfill to dispose of the waste. 11.D.9 Packet Pg. 2699 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 5.0 BIOMASS POWER GENERATION One of the main advantages of waste eliminaƟon with the Air Burners machine is the opƟon to produce electrical power from the waste. Wood and vegetaƟve waste have liƩle to no marketable value, plus the costs associated with “reforming” this waste into potenƟally marketable products like mulch are very high. The Air Burners PGFireBox® captures waste heat and using an organic Rankine cycle generator converts that heat into electrical energy. The PGFireBox® is the lowest cost and lowest emissions producing method of generaƟng biomass energy (see chart to right). The Air Burners PGFireBox incorporates the latest technology to produce electrical power and eliminate wood and vegetaƟve waste using an all natural process. Air Burners’ PGFireBox® is available in three different power raƟngs; 100kW, 500kW and 1000kW. These machines do not require permanent structures like buildings and smokestacks. Air Burners systems arrive self‐contained and are easily assembled onsite. For the 100kw the set up Ɵme can be less than a one day. For the 1000kW the setup Ɵme is less than two weeks. Lowest emissions Lowest cost Waste eliminaƟon Visit: www.PGFireBox.com 100kW system 1 MegaWaƩ system 11.D.9 Packet Pg. 2700 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 Air Curtain Burners are typically regulated in two ways: 1) under the States authority for control of open burning , 2) by an abbreviated Title V permit in accordance with 40 CFR part 60. 1) AlternaƟve to open burning ‐ Temporary site locaƟon Air Curtain Burners are a “tool” to help regulators move away from hazardous pracƟces such as open burning and grinding. They are a sound alternaƟve to open burning and the process of grinding and hauling of wood and vegetaƟve waste. In both cases Air Curtain Burners are significantly beƩer for the environment, and they offer the user a significant reducƟon in overall cost for waste disposal as well, everyone benefits. The US EPA does not regulate open burning. That responsibility resides with each State. But each State must have an air polluƟon control plan (including open burning ) that demonstrates how that State will comply with the US Clean Air Act (CAA). The Air Curtain machine is an ideal tool to help regulators reduce open burning, reduce parƟculate maƩer and sƟll support industries like agriculture and forestry that have a need to burn waste while meeƟng CAA requirements. In order to encourage the use of these machines and to gain the benefits of PM reducƟon it is important to make the local permit process simple. For most States open burning permits are a simple one page form at your local fire or forestry authority. Therefore the air curtain “temporary” permit should be as simple and the open burning permit should become more difficult. In these instances the air curtain machine will be temporarily located at a site for no more than 6 months and must meet the Federal guidelines for air quality as defined in 40 CFR 60. 2) Title V permit ‐ StaƟonary site locaƟon If an air curtain machine is to be used at a staƟonary site then an abbreviated Title V permit is required in accordance with 40 CFR 60. In the US Federal regulaƟons Air Curtain Burners burning clean wood and vegetaƟve waste as defined by these regulaƟons are “exempt” and required only to meet the EPA Method 9 type opacity test. The reasoning behind this is twofold; first, the contribuƟons to the atmosphere from the burning of clean wood and vegetaƟve wastes are well know as it is a natural process that is part of the Earth’s carbon cycle. As Air curtain machines do not use any supplementary fuels to support combusƟon then the combusƟon in an Air Curtain machine is well understood and is considered “carbon neutral.” Second, the purpose of an Air Curtain machine is to reduce parƟculate maƩer (PM) therefore the most applicable test is a visual opacity test. Air Curtain machines are required to meet a maximum 10 percent opacity reading for steady state operaƟon. This is of course significantly beƩer than any type of open burning which regularly runs 80 to 100 percent opacity. Even whole log grinding operaƟon can’t meet the ten percent opacity limits, most States allow 20% opacity for wood grinders. Wood and vegetaƟve waste retains a significant amount of stored energy (6,300 BTU per pound), wood waste of course was man’s first fuel. Therefore it seems logical that if this “waste” is to be disposed we should make every effort to extract the energy. Our suggesƟon is that “staƟonary” units be required to capture some porƟon of the energy being released and recycle it as either heat energy or electrical energy. Burning Limits We do not recommend limiƟng the amount of waste that can be burned at one site, rather we suggest limiƟng the number of machines that can be permiƩed at one site if there is a necessity for a restricƟon. As a pracƟcal maƩer a single Air Curtain machine can not burn much more than 10 tons per hour. If the goal is to improve air quality over other higher emissions processes then restricƟng an Air Curtain machine will only push waste back towards to other methods. US Federal RegulaƟons Concerning Air Curtain Incinerators CODE of FEDERAL REGULATIONS (CFR) Title 40 – ProtecƟon of the Environment Chapter 1 – Environmental protecƟon Sub Chapter C – Air programs Part 60 – Standards of performance for staƟonary sources Sub Part CCCC (CSWI) and/or Sub part EEEE (OSWI) The following pages provide excepts from 40 CFR 60 Sub Part CCCC (CSWI) Sub part EEEE (OSWI) 6.0 REGULATIONS ‐ Examples and Comments on US Federal RegulaƟons 11.D.9 Packet Pg. 2701 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 7.0 SUPPORTING DOCUMENTS AND REFERENCES 7.1 Engineering reports and tesƟng results The Documents below can be viewed and downloaded from our Cloud Storage at Google Drive . The link will be sent by email upon request to info@AirBurners.com. 1. Excerpts from Air‐Tec BC Hydro Test Report with Conversions, CalculaƟons and Notes on CombusƟon Effi‐ ciency ‐Cloud Storage‐ 2. Air‐Tec BC Hydro Test Report (Complete) ‐Cloud Storage‐ 3. USDA Forest Service Test Report ‐Cloud Storage‐ 4. Fountainhead Engineering Emission Test Report ‐Cloud Storage‐ 5. Lockheed EPA Region 1 Emissions Test Report ‐Cloud Storage‐ 6. Comparing OperaƟng Cost and Emissions of Grinder to FireBox ‐Cloud Storage‐ 7. Woody Debris Disposal By Fire ‐Cloud Storage‐ 8. UK DEFRA Test Report ‐Cloud Storage‐ 7.2 Videos Links to Air Burners Videos: hƩps://airburners.com/resource‐center/videos/ BurnBoss Towable FireBox 11.D.9 Packet Pg. 2702 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 7.3 CHART DATA Data for PM, CO2 and NOx charts on pages 10 thru 12. For addiƟonal explanaƟon or informaƟon please contact Air Burners at; info@AirBurners.com 11.D.9 Packet Pg. 2703 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 The charts used here indicate non‐biogenic CO2. Biogenic CO2 is considered carbon neutral by the USEPA and by the InternaƟonal Panel on Climate Change (IPCC). Biogenic CO2 is short sequestered in wood and vegetaƟve waste and will be released no maƩer how the waste material is handled. This document compares two waste handling methods Air Curtain machines and grinding. Both processes will cause the release of the sequestered CO2. The more important aspect is the release of non biogenic CO2 as this was originally captured for millions of years and would not have been released into our atmosphere but for the intervenƟon of man. 11.D.9 Packet Pg. 2704 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 11.D.9 Packet Pg. 2705 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 7.4 UNITS OF MEASUREMENT AND CONVERSIONS 1. Opacity Opacity determinaƟon by smoke reading is a subjecƟve test. There is no sound method for the conversion of opacity expressed in percent to any other unit of measurement. Any conversion aƩempt would be equally subjecƟve. 2. Canister Sampling Air sampling tests are quite elaborate, as they involve the capturing, sealing and analyzing actual gaseous effluents. They require a sound understanding of the principles of operaƟon of our air curtain burners and are usually connected with recording temperature readings and air flow measurements at various points in and above the burn chamber of the FireBox. RepresentaƟve samples are collected and upon observing strict chain of custody rules are then analyzed in an accredited laboratory. A detailed report is then issued which usually includes all the hand wriƩen and otherwise recorded field test data as an appendix. Regulators who devise air quality regulaƟons or issue air permits for air curtain burners more oŌen than not aƩempt to use exisƟng documentaƟon and applicaƟon forms within their department that were developed for hydrocarbon fueled MSW incinerators. Although our air curtain burner is not an incinerator, as it has no flame burners that are externally fueled to incinerate the waste material (remember: the waste is the fuel in an air curtain burner), regulators seem to prefer to have emissions factors for our air curtain burners expressed in a similar fashion as they are used to with respect to other sources. It is for this reason that we are offering all data shown in the summary table on page 1 in one form: emissions factors in pounds per one ton of waste combusted (except for opacity and combusƟon efficiency, of course). Emissions Factor Pounds per Ton Wood Waste Combusted (lbs/t). Expressing the amount of gaseous effluent in pounds (or kg) is a widely employed method by regulatory compliance agencies for the permiƫng process of air curtain burners. Merely relaƟng emissions factors to the volume of wood waste burned makes a very simple model that is easy to visualize: “what are the emissions from burning one ton of wood waste?” Most permit applicaƟons for Air Burners require the emissions factors provided this way. a. Convert volume to weight: The first conversion must be finding a relaƟonship between the weight of wood waste and its volume. Most frequently the amount of wood that needs to be combusted is measured in cubic yards or m3. Based on wood’s specific gravity, a solid block of wood the size of a cubic yard would be around 760 to 850 lbs . Hardwoods could be above 1000 lbs. On the other end, forest slash or land clearing waste could be piled quite fluffy and a cubic yard would only way 250 lbs. A number of 450 lbs. per cubic yard is a good average for land clearing debris and collected forest slash. b. Convert weight of gaseous emissions measured over Ɵme to weight per ton of wood combusted: All quanƟtaƟve tests require the capturing or sampling of gashouse effluents in a controlled manner. Samples are collected at predetermined posiƟons in the plume above the air curtain burner. Observing a strict chain of custody, the samples are typically analyzed in an accredited laboratory and the results expressed in weight over Ɵme (i.e. mg per hr.). For the conversion we now must know the weight of wood that was combusted over a given period of Ɵme. Most test reports show the recorded charge rate in tons per hour. The weight is recorded oŌen by the built‐in scale of the loading machine. If a range is specified, the average should be used. From here on the conversion is simply a maƩer of mathemaƟcs. The aƩached Air‐Tec Test Report is an example. Emissions Factors reported in kg per hour were converted to lbs. per ton; the way we want to express them. 11.D.9 Packet Pg. 2706 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 c. Convert Parts per Million (ppm) to lbs. of emissions per ton of wood combusted. ScienƟfic units of measurement for the quanƟ‐ taƟve relaƟonship of gases in a given space are expressed in ppm: so many parts of one item in a million parts total. The conversion from ppm to lbs. per ton is fairly complex and requires other data from the air curtain burner combusƟon process. First, we need to know again the charge rate or how much wood is being burned, say in one hour. Then we need to know the air flow rate at the locaƟon where the sampling took place and finally we must look up the molar weight of the gas for which we are calculaƟng the conversion (for which a given emissions factor expressed in ppm is available). Here is an example for CO based on the S‐327 used by Lockheed and the S‐327 that was used for the Fountainhead Engineering Emissions Tests conducted in 2000 in Michigan. We want to convert ppm to lbs. per hour and then lbs. per ton. Charge rate: 19.8 t/hr Lab test result from canister samples: 64 ppm of CO (average) Air flow at FireBox sampling point: 83,493 cubŌ/min Molar weight of CO: 28 Our goal in the first step: what is the weight in lbs. of a given compound (CO) measured in ppm? 64 xx 28x x 83,493x x 1.554E‐07 = 23.25 lbs Finally, relaƟng this to throughput means 23.25 lbs of CO were released for every 19.8 tons of wood combusted; ergo, 1t of wood combusted released 23.25 lbs ÷ 19.8 = 1.17 lbs of CO Waste to Energy Air Burners PGFireBox Electrical Power from 100 kW to 1 MW 11.D.9 Packet Pg. 2707 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator Prepared for Yahl Mulching and Recycling, Inc. 2250 Washburn Avenue Naples, FL 34117 Prepared by Grove Scientific & Engineering Company 6140 Edgewater Drive, Suite F Orlando, Florida 32810 (407) 298-2282 August 2019 www.grovescientific.com 11.D.9 Packet Pg. 2708 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 Table of Contents SECTION 1 INTRODUCTION ..................................................................... 3 1.0 Background ..................................................................................... 3 1.1 Current Activities ............................................................................. 3 1.3 Emergency Contacts ....................................................................... 4 SECTION 2 FACILITY MANAGEMENT ...................................................... 4 2.1 Access and Site Control .................................................................. 4 2.2 Operating Hours .............................................................................. 4 2.3 Equipment Available ........................................................................ 5 2.4 Available Staff .................................................................................. 5 2.5 Maximum Storage Volume of Land Clearing Debris ........................ 5 2.6 Inspection and Site Operating Procedures ....................................... 6 2.7 Ash Disposal Procedures................................................................. 7 2.8 Permit Requirements ....................................................................... 8 SECTION 3 FIRE PREVENTION AND CONTROL ................................... 11 3.1 Fire Prevention .............................................................................. 11 3.2 Fire Control Equipment .................................................................. 12 3.4 Fire Training .................................................................................. 13 3.5 Reporting Requirements ................................................................ 14 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY ................................................................................................................. 15 4.1 Registration ................................................................................... 15 4.2 FDEP Rule 62-709.320 F.A.C. ....................................................... 15 11.D.9 Packet Pg. 2709 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 SECTION 5 CLOSURE PLAN .................................................................. 19 5.1 Site Closure with The ACI In Operation ......................................... 19 5.2 Site Closure with the ACI not In Operation ..................................... 20 FIGURES: Site Plan- Figure 1 ATTACHMENTS: -Attachment 1- Air Permit (Example) Attachment 2- Florida Forest Service -ACI Regulations Attachment 3-Annual Yard Trash Registration Renewal Form 11.D.9 Packet Pg. 2710 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 3 SECTION 1 INTRODUCTION 1.0 Background Yahl Mulching and Recycling, Inc. owns and operates a yard trash and construction and demolition debris recycling operation on 28 acres. This operations plan focuses on the air curtain incinerator (ACI) at the subject facility used for the disposal and volume reduction of yard trash and land clearing vegetation. This plan will outline the proper operation of the ACI and yard trash processing facility in accordance with Collier County and permits issued by the Florida Department of Environmental Protection (FDEP) to operate the ACI pursuant to Rule 62-296, FAC, and other applicable rules. “Yard trash” is defined as vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood. 1.1 Current Activities The facility houses a yard trash and land clearing debris transfer and volume reduction operation using a proposed ACI and wood chipper. The operating conditions required by the yard trash recycling regulations are included in Section 4 of this plan. The operator will follow the conditions set forth in these permits and these conditions become part of the operating procedures of this plan. 11.D.9 Packet Pg. 2711 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 4 1.3 Emergency Contacts In case of emergency during off-hours, the following contacts should be followed in the order listed below: 1. Jeff Ekiss Cell (239) 471-9803 SECTION 2 FACILITY MANAGEMENT 2.1 Access and Site Control The entrance is located on 2250 Washburn Avenue and is secured by a locked gate, see attached Site Plan. This is the only entrance and exit for the property and the perimeter security fence. During operating hours, trucks delivering debris are directed by the site operator to the staging piles (See inspection procedures below). During non-operating hours, the gate is locked. 2.2 Operating Hours The site accepts debris from 6:30 a.m. – 5:00 p.m., weather permitting, Monday thru Saturday. Operational hours may be extended for a storm event. If the site is accepting waste, the site access is controlled as stated above. The ACI operation hours may vary from 7:00 am to 7:00 pm. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning 11.D.9 Packet Pg. 2712 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 5 and ending times of charging 2.3 Equipment Available The site currently has available; o An excavator o A front-end loader equipped with rakes and buckets o A 500 Gallon water truck. This equipment is used to manage the debris, load the ACI and remove the ash from the ACI. 2.4 Available Staff The site is operated using between 2 and 5 employees based on daily demands. 2.5 Maximum Storage Volume of Land Clearing Debris The site will store up to 150 loads of vegetative debris at 40 cubic yards per load or approximately 6000 cubic yards. The following materials are not included in this volume: • soil • concrete • aggregate • anything non-vegetative Yard trash received at the facility shall be transferred, size-reduced or incinerated within 12 months, or removed as a recycled product. 11.D.9 Packet Pg. 2713 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 6 2.6 Inspection and Site Operating Procedures 1. When a load of debris arrives at the facility, the site operator will direct the driver where to dump the load. 2. Once the load is dumped, it is manually and visually checked for unsuitable materials. Unsuitable materials include: treated wood, painted wood, paper, trash, tires, garbage, plastics, liquid waste, biomedical waste, hazardous waste, metal and other similar non- yard trash materials. Unsuitable materials are separated from the debris and immediately stored in a container for removal from the site for proper disposal or recycling. 3. The sorted debris is then stored in drying piles until sufficiently dry to load into the ACI. 4. Soil from the debris piles is separated into piles for future use on or off the site. 5. ACI operators will be trained on the proper operation of the ACI and on the air permit requirements. 6. For the first load of the day, the ACI operator will note the wind speed and direction as well as review the daily weather forecast. If the forecasted conditions are not favorable (high wind or rainstorms), the operator will not load the ACI. 7. If forecasted conditions are favorable, the ACI operator will pre-load the ACI with approximately 5 tons of clean dry debris. Favorable conditions mean the wind is less than 15 mph. Unfavorable conditions are wind over 15 mph. 11.D.9 Packet Pg. 2714 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 7 8. The ACI operator will start the diesel engine before lighting the fire to assure it will operate. Let the engine idle and warm-up while proceeding with the startup. 9. The ACI operator will use only clean fuel oil (No. 1 or 2) or hot coals from a previous burn to start the fire in the ACI. 10. Once the fire ignites, the ACI operator will increase the engine speed and engage the fan. 11. Dry vegetative debris is loaded into the ACI at a rate not to exceed 11 tons/hr. 12. The ACI operator will maintain a log of the start time of the ACI, each load and estimated weight loaded into the ACI, and the time the last load went into the ACI. The operator will also document approximate wind speed and direction at the start of the day and at the last load of the day. The operator will note in the daily log if the ACI was stopped because of a shift in wind speed and or direction. 13. This log will be maintained at the office and records tabulated on a monthly basis. 2.7 Ash Disposal Procedures 1. Ash will be removed only after it has cooled completely. DO NOT REMOVE HOT EMBERS AS THIS CAN START A FIRE! 2. Place the cool ashes on the soil piles and mix thoroughly with soil to prevent the ash from blowing around the site. 3. Ash is used as a soil amendment and sold as top soil. 11.D.9 Packet Pg. 2715 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 8 2.8 Permit Requirements The air permit has specific conditions that we must meet as part of our operation of the ACI. Each of these specific conditions must be followed to remain in compliance. The air permit is included in Attachment 1. Some of these operating conditions are summarized below: • The only materials that shall be burned in the air curtain incinerator are 100 percent wood waste, 100 percent clean lumber, and 100 percent mixture of only wood waste, clean lumber, and/or yard waste. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. • In no case, shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. 11.D.9 Packet Pg. 2716 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 9 • The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator. • The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. • The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. • Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. • An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. • Visible Emissions Standard: The emission limitations for this emission unit are as follows: Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed 2.9 CCA-Treated Wood Segregation The Yahl Mulching and Recycling yard trash facility will recycle or process 11.D.9 Packet Pg. 2717 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 10 only clean, untreated wood. Painted, treated (preserved), or contaminated wood will not be recycled. Chromated copper arsenate (CCA) pressure treated wood will not be accepted for recycling. CCA-treated wood is defined in DEP Rule 62-701.200(11) as lumber, timber, or plywood treated with chromated copper arsenate. The term does not include utility poles unless they have been ground, chipped, or shredded. The criteria below will be used to identify CCA-treated wood so that it may be separated from other C&D wastes. The spotters will make reasonable efforts to separate the following common CCA-treated wood products from the waste stream: • all C&D wastes that are wood fencing, decking, or pressure treated lumber (such as 4"x4" posts); • wood with a greenish color; and • other known outdoor use wood products. The facility gate attendee will reject known segregated loads of CCA- treated wood wastes. Spotters or operators that identify any CCA-treated wood by the methods above, will remove the wood from the processing area and place it into a reject waste container for proper disposal in a lined landfill. 11.D.9 Packet Pg. 2718 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11 SECTION 3 FIRE PREVENTION AND CONTROL 3.1 Fire Prevention As stated in the previous section, when cleaning ash out of the ACI, make sure the ash is cool and has no hot embers that can cause a fire on the site. The site operator should control activities that can cause fire such as, but not limited to, the following: • smoking by the debris piles and disposal of tobacco products • welding, cutting or brazing activities near debris piles, such as equipment repair • use of electrical cords or equipment near debris piles • composting of vegetative matter that can spontaneously combust when piles are disturbed • parking vehicles with hot exhaust pipes on dry vegetation The site operator must be observant of dry conditions that have the potential to cause a spontaneous combustion threat for the debris piles. This includes hot and dry weather conditions and alerts issued by the fire department of forest service, piles of vegetation that are composting due to their age and composition. In the case of old vegetation that has the potential to spontaneously combust, these piles should be burned as a priority in the ACI. 11.D.9 Packet Pg. 2719 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 12 Operator shall also obtain required approvals from the Greater Naples Fire District, and follow the ACI regulations in the 2014 Florida’s Forest fire Laws and Open Burning Regulations, Florida Forest Service, see Attachment 2. 3.2 Yard Trash Fire Controls The site has the following features to help contain any fires that occur so that they may dealt with quickly and safely. • An all-weather access road at least 20-feet wide is maintained around the perimeter of the yard trash processing facility. • Interior lanes between wood storage piles of at least 20-feet wide will be maintained, see Site Plan. • All parts of the wood material storage areas will be within 50 feet of access by motorized fire fighting equipment. • Yard trash, and processed wood piles will be no higher than 25 feet. 3.2 Fire Control Equipment The following equipment is available on site to fight fires: 1. A 500 Gallon water truck 2. Fire extinguishers 3. A front-end loader equipped with rakes and buckets, 4. Soil piles. 5. 16 -inch diameter water supply well, 6. 2-inch diameter water supply stand pipes close to yard trash piles 11.D.9 Packet Pg. 2720 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 13 and ACI, see Site Plan. In the event of a fire starting out side of the ACI, the operator should first use a fire-extinguisher to suppress the fire. The operator should communicate the emergency to other site personnel to mobilize the water truck. The water truck should be used to completely extinguish the fire. Soil suppression may also be used. If the fire is not controlled or threatens to spread, immediately call the Collier County Fire Department by: DIAL 911 Site operators should only fight fires that are within their ability. Call 911 first, then fight the fire if it is within your ability. Warning!!! Do not put yourself in danger fighting the fire. Wait for the Fire Department to respond. 3.4 Fire Training The site operators will conduct in-house fire training periodically. The training will include; 1. where the equipment is located, 2. how it works, and 3. what to do in case of a fire. 11.D.9 Packet Pg. 2721 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 14 4. During this training the equipment will be inspected for operating condition and repaired as needed. Fire training will include a site visit by the local fire department to brief the operators on how to respond to small fires to prevent them from spreading. Large fires caused by lightening, spontaneous combustion or other reasons out of the control of the operator will be handled by the professional fire- fighters. 3.5 Reporting Requirements In case of a fire or other malfunction of the ACI that causes the site to not comply with either the air permit or yard trash registration, you must contact the Florida Department of Environmental Protection (FDEP) at 239-344- 5600. You must also follow up with a malfunction report to include the following information; a. description of and cause of non-compliance; b. the period of non-compliance, including the anticipated time the non- compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. This report should be addressed to; FDEP South District Compliance Section 2295 Victoria Ave. Ft. Myers, Florida 33901 11.D.9 Packet Pg. 2722 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 15 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY 4.1 Registration The facility shall be registered as a “Yard Trash Recycling Facility” with the FDEP. As a result of this registration, there are specific facility, operational and record keeping requirements in Rule Chapter 62-709.320 F.A.C. These requirements are summarized below in Section 4.2 and are enforceable permit conditions. 4.2 FDEP Rule 62-709.320 F.A.C. (2) Design and operating requirements. (a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include: 1. An effective barrier to prevent unauthorized entry and dumping into the facility site; (The site is fenced and gated and locked after hours with a tennant living on site.) 2. Dust and litter control methods; (A water truck is used to wet down the haul road and yard to control dust. Litter is collected by hand as needed.) 11.D.9 Packet Pg. 2723 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 16 3. Fire protection and control provisions to deal with accidental burning of solid waste, including: a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site; (A 20 foot wide all weather access road will be provided.) b. None of the processed or unprocessed material shall be mechanically compacted; and (The facility does not use a compactor.) c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment. (The aisels between the yard trash and wood piles will be designed and constructed to comply with this requriement.) d. The facility shall be operated in a manner to control vectors. (The facility does not collect garbage so vectors have never been a problem.) e. The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. (This is accomplished by only burning wood during favorable weather conditions, no composting.) f. Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded. (Ditches will be maintained to keep water flowing.) 11.D.9 Packet Pg. 2724 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 17 g. Solid waste received at a registered facility must be processed timely as follows: 1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site. (The facility will maintain the processing, transfer or ACI burn schedule to keep wood waste volumes to less than 12,000 cubic yards.) 2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt. (The facility does not accept any of these materials.) h. If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater. (The facility only accepts yard trash and land clearing material from a limited custormer base. If unacceptable wastes are discovered in a load, the waste will be 11.D.9 Packet Pg. 2725 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 18 contanerized and removed from the site for proper disposal.) i. When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. (The facility will follow this closure plan , but has no intensions of closing in the foreseeable future. See Section 5.) (3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule. (c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1, see Attachment 3. (d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year. 11.D.9 Packet Pg. 2726 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 19 (4) Record keeping and reporting. (a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), see Attachment 3. The form can all be obtained from the Department web page at: http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials. SECTION 5 CLOSURE PLAN 5.1 Site Closure with The ACI In Operation In the event the facility needs to shut down the land clearing debris operations the following procedure will be followed: 1. Immediately stop excepting land clearing debris. No more loads will be brought onto the site. Continue transfer, processing or using the 11.D.9 Packet Pg. 2727 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 20 ACI to burn the stock-piled debris. It is estimated that it would take 4-6 months to burn 6000 cubic yards of vegetation. 5.2 Site Closure with the ACI not In Operation In the event that the site must be closed without the use of the ACI, the owners have trucking contractors that can haul the debris to the County landfill. On-site equipment will be used to load the trucks. 11.D.9 Packet Pg. 2728 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 21 FIGURES 11.D.9 Packet Pg. 2729 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2730Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 22 ATTACHMENT 1 AIR PERMIT 11.D.9 Packet Pg. 2731 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) www.dep.state.fl.us Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary PERMITTEE NSB Recycling, LLC 2932 West Park Avenue Edgewater, Florida 32132 Authorized Representative: Paul Ames, President Air Permit No. 1270223-001-AC Permit Effective: 02/21/2018 Permit Expires: 04/01/2020 Minor Air Construction Permit Edgewater Facility Initial Construction Permit PROJECT This is an initial air construction permit, which authorizes the construction and installation of an air curtain incinerator, a wood tub grinder, a wood mulch screener, and three non-emergency engines. The proposed work will be conducted at the new Edgewater facility, which is a wood recycling plant categorized under Standard Industrial Classification No. 0851. The new facility will be located in Volusia County at 2932 West Park Avenue in Edgewater, Florida. The UTM coordinates are Zone 17, 506.07 km East and 3205.73 km North. This final permit is organized into the following sections: Section 1 (General Information); Section 2 (Administrative Requirements); Section 3 (Emissions Unit Specific Conditions); and Section 4 (Appendices). Because of the technical nature of the project, the permit contains numerous acronyms and abbreviations, which are defined in Appendix A of Section 4 of this permit. STATEMENT OF BASIS This air pollution construction permit is issued under the provisions of: Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, 62-204, 62-210, 62-212, 62-296 and 62-297 of the Florida Administrative Code (F.A.C.). The permittee is authorized to conduct the proposed work in accordance with the conditions of this permit. This project is subject to the general preconstruction review requirements in Rule 62-212.300, F.A.C. and is not subject to the preconstruction review requirements for major stationary sources in Rule 62-212.400, F.A.C. for the Prevention of Significant Deterioration (PSD) of Air Quality. Upon issuance of this final permit, any party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department of Environmental Protection in the Office of General Counsel (Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000) and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice must be filed within 30 days after this order is filed with the clerk of the Department. 11.D.9 Packet Pg. 2732 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DRAFT PERMIT NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 2 of 13 EXECUTION AND CLERKING Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Signature) (DRAFT) _________________________ DATE 2018 Kimberly Rush, P.E. Permitting and Waste Cleanup Program Administrator CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Paul Ames, NSB Recycling, LLC, sitecontractor1@yahoo.com Bruno Ferraro, Grove Scientific & Engineering Company, bruno@grovescientific.com Glen Semanisin, Grove Scientific & Engineering Company, glenn@grovescientific.com FDEP Central District: Kimberly Rush, Wanda Parker-Garvin, Morgan Hampton, Sirena Davila FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (Signature) DATE, 2018 (Clerk) (Date) 11.D.9 Packet Pg. 2733 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 1. GENERAL INFORMATION (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 3 of 13 PROPOSED PROJECT NSB Recycling, LLC proposes to construct and operate a wood recycling facility. This project will add the following emissions units. Facility ID No. 1270223 ID No. Emission Unit Description EU 001 Air Curtain Incinerator EU 002 Wood Tub Grinder EU 003 Screening Operations EU 004 Three Non-Emergency Stationary Compression Ignition (CI) Reciprocating Internal Combustion Engines (RICE) subject to NSPS Subpart IIII FACILITY REGULATORY CLASSIFICATION • The facility is not a major source of hazardous air pollutants (HAP). • The facility does not operate units subject to the acid rain provisions of the Clean Air Act (CAA). • The facility is not a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. • The facility is not a major stationary source in accordance with Rule 62-212.400(PSD), F.A.C. • This facility is a synthetic minor source of air pollution for nitrogen oxides (NOx). PERMIT HISTORY/AFFECTED PERMITS This is the initial Construction Permit for this facility. 11.D.9 Packet Pg. 2734 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 4 of 13 1. Permitting Authority: The permitting authority for this project is the Florida Department of Environmental Protection, Central District Waste Cleanup and Permitting Programs. The Central District’s mailing address and phone number is: Florida Department of Environmental Protection Central District Office 3319 Maguire Boulevard, Suite. 232 Orlando, FL 32803-3767 Telephone: 407-897-4100 Except as otherwise specified in this permit, the required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Department in a digital format via electronic mail, CD or DVD, or through file transfer site, when practicable. The electronic mail address is DEP_CD@dep.state.fl.us. All submittals shall clearly identify the Air Permit No. 1270223-001-AC. 2. Compliance Authority: All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Central District’s Compliance Assurance Program. (Use the above mailing or e-mail address). 3. Appendices: The following Appendices are attached as a part of this permit: Appendix A (Citation Formats and Glossary of Common Terms); Appendix B (General Conditions); Appendix C (Common Conditions); and Appendix D (Common Testing Requirements); Appendix NSPS, Subpart A – General Provisions; Appendix NSPS Subpart CCCC- Standards of Performance for commercial and Industrial Solid Waste Incineration Units; Appendix NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines. 4. Applicable Regulations, Forms and Application Procedures: Unless otherwise specified in this permit, the construction and operation of the subject emissions units shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403, F.S.; and Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296 and 62-297, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. 5. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 6. Modifications: The permittee shall notify the Compliance Authority upon commencement of construction. No new emissions unit shall be constructed and no existing emissions unit shall be modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Rules 62-210.300(1) and 62-212.300(1)(a), F.A.C.] 7. Construction and Expiration: The expiration date shown on the first page of this permit provides time to complete the physical construction activities authorized by this permit, complete any necessary compliance testing, and obtain an operation permit. Notwithstanding this expiration date, all specific emissions limitations and operating requirements established by this permit shall remain in effect until the facility or emissions unit is permanently shut down. For good cause, the permittee may request that that a permit be extended. Pursuant to Rule 62-4.080(3), F.A.C., such a request shall be submitted to the Permitting Authority in writing before the permit expires. [Rules 62-4.070(4), 62-4.080 & 62-210.300(1), F.A.C.] 8. Application for Non-Title V Air Operation Permit: This permit authorizes construction of the permitted emissions units and initial operation to determine compliance with Department rules. A Non-Title V air operation permit is required for regular operation of the permitted emissions unit. The permittee shall apply for a Title V air operation permit at least 90 days prior to expiration of this permit, but no later than 180 days 11.D.9 Packet Pg. 2735 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 5 of 13 after commencing operation. To apply for a Non-Title V air operation permit, the applicant shall submit the following: a. the appropriate permit application form (see current version of Rule 62-210.900, F.A.C. (Forms and Instructions), and/or FDEP Division of Air Resource Management website at: http://www.dep.state.fl.us/air/ ); b. the appropriate operation permit application fee from Rule 62-4.050(4)(a), F.A.C.; c. copies of the most recent compliance test reports required by Specific Condition No. xx, if not previously submitted; (if applicable) d. copies of the most recent two months of records/logs specified in Specific Condition No. A.11, B.5 and C.14. [Rules 62-4.030, 62-4.050, 62-4.070(3), 62-4.090, 62-4.220, 62-210.300(2), and 62-210.900, F.A.C.; Chapter 62-213, F.A.C.] 9. NOx Emission Limitation – The maximum facility-wide NOx emissions from this facility shall not exceed 90 tons per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] {Permitting Note: Compliance with this limitation will be based on the limitation of hours of operation for the Air Curtain Incinerator and its engine, as well as recordkeeping. Refer to Specific Conditions A.2 and C.2.} 11.D.9 Packet Pg. 2736 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 6 of 13 This section of the permit addresses the following emissions unit. EU No. Emission Unit Description 001 Air Curtain Incinerator: The proposed ACI is an Air Burners Model S-327 rated at 6-10 tons per hour of wood waste or equivalent. The skid-mounted fire box dimensions are 27’ x 8’ x 8’. The blower fan is powered by an 85 hp, 4-cynlinder diesel motor that is certified US EPA Tier 3 compliant (contained in Emission Unit 004). Only clean wood waste and clean lumber (non-painted and non-treated) will be burned in this ACI. {Permitting Note: The air curtain incinerator is subject to 40 CFR Part 60, CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is commenced on or after June 1, 2001, which is adopted and incorporated by reference at Rule 62-204.800, F.A.C} EQUIPMENT 1. Equipment Name: The permittee is authorized to install the Air Burners Model S-327 air curtain incinerator or equivalent. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation for the emission unit shall not exceed 3,000 hours per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 3. Restricted Operation: The following operational conditions must be adhered to: 1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply. 2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve (12’) wide, between eight (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill. 3. Except as provided herein and at subparagraph 4, the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tired, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquified petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 4. Notwithstanding the provisions of subparagraph 3, the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 11.D.9 Packet Pg. 2737 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 7 of 13 5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning and ending times of charging. 6. The air curtain incinerator shall be attended at all times while materials are being burned or flame are visible within the incinerator. 7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. 8. The material shall not be loaded into the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 9. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. [Rule 62-296.401(7)(b), F.A.C., 40 CFR 60.2045] EMISSIONS STANDARDS 4. Visible Emissions Standards: The emission limitations for this emission unit are as follows: outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, and during startup periods, which shall not exceed the first thirty-five percent (35%) shall be allowed. [Rule 62-296.401(7), F.A.C. and 40 CFR 60.2050] TESTING REQUIREMENTS 5. Initial Compliance Tests: The emissions unit shall be tested to demonstrate initial compliance with the visible emissions standards contained in condition A.4. The initial tests shall be conducted within 60 days after achieving permitted capacity, but not later than 180 days after initial operation of the unit. The required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that is subject to a multiple-valued opacity standard. The Method 9 opacity observance of the highest six-minute averaging time in accordance with 62-297.310(5)(b) shall be considered as meeting the compliance demonstration of 40 CFR 60.2250(a) and (b) [Rules 62-4.070(3) 62-296(7)(d)1, 62-297.310(5)(b), F.A.C. and 40 CFR 60.2050] 6. Annual Compliance Tests: During each calendar year (January 1st to December 31st), the emissions unit shall be tested to demonstrate compliance with the visible emissions standards contained in condition A.4. [Rules 62-4.070(3), 62-296(7)(d)1, 62-297.310(8)(a)1, F.A.C. and 40 CFR 60.2050] 7. Test Requirements: The permittee shall notify the Compliance Authority in writing at least 15 days prior to any required tests. Tests shall be conducted in accordance with the applicable requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(9), F.A.C.] 8. Test Methods: Required tests shall be performed in accordance with the following reference methods. Method Description of Method and Comments 9 Visual Determination of the Opacity of Emissions from Stationary Sources The above methods are described in Appendix A of 40 CFR 60 and are adopted by reference in Rule 62- 204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; and Appendix A of 40 CFR 60] NOTIFICATION REQUIREMENTS 9. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Air Curtain Incinerator no later than 11.D.9 Packet Pg. 2738 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 8 of 13 five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 10. Test Reports: The permittee shall prepare and submit reports for all required tests in accordance with the requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(10), F.A.C.] 11. Monthly Recordkeeping Requirements: In order to demonstrate compliance with Specific Condition Nos. A.2. and A.3, the permittee shall maintain a log at the facility for a period of at least five (5) years from the date the data is recorded and made available to the Department upon request. The log shall contain the following: a) Facility Name, Facility ID No. (i.e. NSB Recycling, Inc., facility, Facility ID 1270223) b) Designation of the month and year of operation for which the records are being tabulated; c) Monthly and consecutive 12-month rolling total of wood waste burned (tons/consecutive 12- month period); d) Total hours of operation for the month (hours/month); e) Consecutive 12-month rolling total hours of operation (hours/consecutive 12-month period); f) Daily beginning and ending times of charging; The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven (11) months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities that have not been operation for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR Part 60.2260] 12. Additional Recordkeeping Requirements: Records specified in Specific Condition No. A.11. (previous condition) must document the method, calculations, and formulas used in determining the usage rate and the emission rate. All calculations, including those used to derive emissions, must be clearly documented, and may be presented in the form of a template of sample calculations. The records must be made available for review on site by the Department. [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2739 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) B. EU 002 & EU 003 – Wood Tub Grinder and Screening Operations NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 9 of 13 This section of the permit addresses the following emissions units. EU No. Emission Unit Description 002 Wood Tub Grinder: The proposed equipment for the wood tub grinder is a portable Continental Biomass Industries (CBI) Model 6800 portable grinder (or equivalent) powered by a Tier 4 Caterpillar C27 diesel engine providing power (contained in Emission Unit 004). This tub grinder is rated at 150 tons per hour 003 Screening Operations: The proposed equipment for the screening operations include a portable McCloskey R105 Screener (or equivalent) equipped with a 100 hp Caterpillar Tier 3 diesel engine providing power (contained in Emission Unit 004). Ground wood is loaded into a 6-cubic meter hopper (approximately 2 tons of wood) at rate 20 tons per hour where it is screened on a shaker to separate out the fine particles. EQUIPMENT 1. Equipment Name: The permittee is authorized to install a wood tub grinder and a wood mulch screener. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation are not limited (8,760 hours per year. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] EMISSIONS STANDARDS 3. Visible Emissions Standards: Visible emissions from each emissions source are limited to less than 20 percent opacity. [Rule 62-296.320(4)(b)1 F.A.C.] NOTIFICATION REQUIREMENTS 4. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Wood Tub Grinder and Screener no later than five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 5. Monthly Log: In order to demonstrate compliance with the limitations of Specific Conditions No. B.2., the permittee shall maintain a monthly log at the facility for a period of at least five years from the date the data is recorded. The monthly summary of the log, at a minimum, shall contain the following: a. Facility Name, Facility ID No. (i.e., NSB Recycling, Inc., Facility ID 1270223); b. Designation of the month and year of operation for which the records are being tabulated; c. Monthly total and Consecutive 12-month total of hours of operation for both the EU 002 and EU 003 [Rule 62-4.070(3), F.A.C.] 11.D.9 Packet Pg. 2740 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 10 of 13 This section of the permit addresses the following emissions unit. EU No. Brief Description 104 Non-Emergency Stationary CI RICE Subject to NSPS Subpart IIII. This emissions unit is comprised of non-emergency stationary CI RICE manufactured after April 1, 2006, or modified or reconstructed after July 11, 2005, located throughout the site. All of these non-emergency stationary CI RICE are subject to the requirements of the NSPS contained at 40 CFR 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, adopted in Rule 62.204.800(8)(b), F.A.C. The engines are considered to be regulated; they are not insignificant, exempt, or non-regulated. This permit incorporates a non-emergency C27 CAT diesel powered generator, incorporated with the ACI. In addition, a D100-6 diesel drive motor engine and a Kubota 3600 diesel engine are associated with the wood tub grinder and screener. Emissions are based on emission factors provided by Caterpillar for Tier 4 engines. Description Location Make and Model Description, Power Rating (kW) Engine HP Tier Rating Manufactured Year ACI Engine Kubota 3600 (63 Kw) or equivalent 85 Tier 3 2008-2013 Tub Grinder Engine Caterpillar C27 (750 Kw) or equivalent 1020 Tier 4 ≥2014 Screener Engine Caterpillar C100-6 (100 Kw) or equivalent 100 Tier 3 2007-2014 {Permitting Note: These compression ignition reciprocating internal combustion engine (CI RICE) are regulated under 40 CFR 63, Subpart ZZZZ, NESHAP for Stationary RICE and 40 CFR 60, Subpart IIII, NSPS for Stationary Compression Ignition RICE, adopted in Rules 62.204.800(11)(b) and (8)(b), F.A.C., respectively. They are considered “new” stationary non-emergency CI RICE located at an area source of HAP, that have been modified, reconstructed or commenced construction on or after 6/12/2006, and that have a post-2007 model year. In accordance with provisions of 40 CFR 63.6590(c)(6), meeting the requirements of 40 CFR 60, Subpart IIII, satisfies compliance with the requirements of Subpart ZZZZ. As non-emergency use engines located in Volusia County, these CI RICE are not subject to the VOC and NOX RACT requirements contained in Rules 62-296.500 and 570, F.A.C.} EQUIPMENT 1. Equipment Installation: The permittee is authorized to install three non-emergency stationary CI RICE as described above or equivalent. [Application No. 1270223-001-AC, received January 28, 2018, revised Application information received February 14, 2018, and Rule 62-210.200(225), “Potential to Emit,” F.A.C.] 2. Optional Model Year Installation: As an alternative dependent on availability of engine models, the permittee may elect to install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engine [604204(b), 60.4201(a) and 40 CFR 1039.101]. PERFORMANCE RESTRICTIONS 3. Restricted Operation: a. The hours of operation are limited to 3,000 hours per year for the ACI engine (Kubota 3600 (63 kw)) b. The hours of operation not limited (8,760 hours per year) for the Tub Grinder and Screener engines [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 11.D.9 Packet Pg. 2741 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 11 of 13 4. Authorized Fuel: These Stationary Reciprocating Internal Combustion Engines (RICE) must use diesel fuel that meets the following requirements for non-road diesel fuel: a. Sulfur Content. The sulfur content shall not exceed 15 ppm = 0.0015% by weight (ultra-low sulfur) for non-road fuel. b. Cetane and Aromatic. The fuel must have a minimum cetane index of 40 or must have a maximum aromatic content of 35 volume percent. [40 CFR 60.4207(b), 80.510(b)] EMISSION STANDARDS 5. Emissions Standards: Exhaust emissions from these non-emergency CI RICE shall not exceed the levels for each pollutant shown in the table below: ID Engine HP Engine kW Model Year Emissions Limit Rule Reference Emissions Limits, g/kW-hr NOX+ NMHC NOx NM HC CO PM ACI Engine (Kubota) 85 60 2008-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4.7 5.0 0.4 Screener Engine (Caterpillar D100-6) 100 100 2007-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4 5 0.3 Tub Grinder engine (Caterpillar C27) 1000 750 Post 2014 60.4204(b), 60.4201(a) and 40 CFR 1039.101 3.5 0.19 3.5 0.4 {Permitting Note: The Permittee has indicated that as an alternative, dependent on market availability, the permittee may install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engines as referenced in Table 1 of 40 CFR 1039.101.} TESTING REQUIREMENTS 6. Compliance Requirements Due to Loss of Certification: If the owner or operator does not install, configure, operate, and maintain the engine or control device according to the manufacturer's emission-related written instructions, or if the owner or operator changes emission-related settings in a way that is not authorized by the manufacturer, the owner or operator must demonstrate compliance by the following four actions: a. The owner or operator must keep a maintenance plan and records of conducted maintenance. b. The owner or operator must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. c. In addition, the owner or operator must conduct an initial performance test to demonstrate compliance with the applicable emission standards: 1) within 1 year of startup, or 2) within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or 3) within 1 year after you change emission-related settings in a way that is not authorized by the manufacturer. d. The owner or operator must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards in Specific Condition C.5. 7. Testing Requirements: In the event performance tests are required pursuant to Specific Condition C.6., the following requirements shall be met: a. Testing Procedures. The performance test must be conducted according to the in-use testing procedures in 40 CFR Part 1039, Subpart F. 11.D.9 Packet Pg. 2742 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 12 of 13 b. Not to Exceed (NTE) Numerical Requirements. Exhaust emissions from these engines must not exceed the NTE numerical requirements, rounded to the same number of decimal places as the applicable standard in Specific Condition C.4., determined from the following equation: NTE Numerical Requirement for Each Pollutant = (1.25) x (applicable standard from C.5) [40 CFR 60.4212(a) and (c)] 8. Test Requirements: In the event performance tests are required pursuant to Specific Condition C.6., or as otherwise requested by FDEP, tests shall be conducted in accordance with the applicable requirements specified in Specific Condition C.7. and Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310, F.A.C.] MONITORING REQUIREMENTS 9. Operation and Maintenance: The owner or operator must operate and maintain the stationary combustion ignition internal combustion engine according to the manufacturer's written instructions or procedures developed by the owner or operator that are approved by the engine manufacturer. In addition, owners and operators may only change those settings that the manufacturer authorizes to be changed. This engine must be maintained and operated to meet the emissions limits in Specific Conditions C.5. over the entire life of the engine. [40 CFR 60.4206, 4211(a)(1), (2) and (3)] 10. Engine Certification Requirements: The owner or operator complies with the emissions standards specified above by having purchased an engine certified by the manufacturer to meet those limits. The engine must have been installed and configured, as well as, continued to be maintained, according to the manufacturer’s emission-related specifications, except as permitted in Specific Condition C.6 as a result of loss of engine Certification. [40 CFR 60.4211(c)] 11. Hour Meter: The owner or operator must properly maintain the installed non-resettable hour meter. [40 CFR 60.4209(a)] NOTIFICATION REQUIREMENTS 12. Notification of Operation Commencement and Engine Certification: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the each of these CI RICE no later than five (5) business days after that date. The notification shall include a copy of the manufacturer’s certification for each of the CI RICE. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 13. Maintenance Records: To demonstrate conformance with the manufacturer’s written instructions for maintaining the certified engine and to document when compliance testing must be performed pursuant to Specific Condition C.6., the owner or operator must keep the following records: a. Engine manufacturer data indicating compliance with the standards. b. A copy of the manufacturer’s written instructions for operation and maintenance of the certified engine. c. A written maintenance log detailing the date and type of maintenance performed on the engine, as well as any deviations from the manufacturer’s written instructions. The log may be kept and maintained electronically. [Rule 62-213.440(1), F.A.C.] 14. Monthly Recordkeeping Requirement: The permittee shall maintain a monthly log at the facility for a period of at least five (5) years from the date the data are recorded. The log, at a minimum, shall contain the following: a. Date (month/year); b. Type of fuel used; 11.D.9 Packet Pg. 2743 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 13 of 13 c. Certification from the fuel supplier. The fuel certifications shall include the following information for distillate oil: 1) The name of the oil supplier and either 2) and 3), or 4) following. 2) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c of 40CFR 60, Subpart Dc; and 3) The sulfur content or maximum sulfur content of the oil; or 4) Documentation that the fuel is ultra-low sulfur diesel (e.g., fuel delivery receipt). d. Consecutive 12-month total of operational hours for each CI RICE comprising EU 004 The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities or emission units that have not been operating for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR 60.4214] 11.D.9 Packet Pg. 2744 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. APPENDICES Contents American Cement Company, LLC Air Permit No. 1190042-014-AC Permit Modification Air Construction Permit Appendix A. Citation Formats and Glossary of Common Terms Appendix B. General Conditions Appendix C. Common Conditions Appendix D. Common Testing Requirements Appendix E. NSPS, Subpart A – General Provisions Appendix F. 40 CFR 60 Subpart CCCC-Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Appendix G. NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines 11.D.9 Packet Pg. 2745 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 23 ATTACHMENT 2 Florida Forest Service ACI Rules 11.D.9 Packet Pg. 2746 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2747 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9 Packet Pg. 2748 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 24 ATTACHMENT 3 FDEP Registration & Annual Report Form 11.D.9 Packet Pg. 2749 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Page 1 of 2 DEP Form # 62-709.901(3) Appl for Reg. and Ann Rep for a YT Trans Form Title Station or SW Organic Recycling Facility Effective Date February 15, 2010 DEP Facility ID No. (Filled in by DEP) DEP WACS ID No: (Filled in by DEP) This form is adopted by reference in subsection 62- 709.901(3), F.A.C. Application for Registration and Annual Report for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility PART A - GENERAL INFORMATION 1. Type of Application: New Renewal (due July 1) Annual report only for facility operating under permit: 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting 3. Type of Waste Processed: Yard trash Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user) 4. Facility Name: 5. Registrant Name (or Permittee if annual report only): 6. Federal Employer Identification Number: 7. Mailing Address: City State Zip Street Mailing Address (if different): City State Zip 8. Facility Location - Street Address or Property Number: City County 9. Contact Person: Telephone: PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 10. Records required by Rule 62-709.320, F.A.C., will be kept at the facility? Yes No If no, please indicate where these records will be kept and made available upon Department request to review the records: 11. Does the registrant own the facility site? Yes No If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facil ity at this site. 12. Has the organic recycling facility begun operations? Yes No If this facility was operating in the previous calendar year, the annual report in Part C must be completed. 13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental Protection. I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C., and shall comply with the requirements specified in those rules. I also affirm that the information provided in the application is true, accurate, and correct to the best of my knowledge. I have attached all documents and/or authorizations that are required. Print Name and Title of Registrant or Authorized Agent Signature Date Email address (if available): 11.D.9 Packet Pg. 2750 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) DEP Form # 62-709.910(3) Page 2 of 2 Effective February 15, 2010 PART C - ANNUAL REPORT 14. Calendar Year (January 1 through December 31) Covered by this Report: 15. Values used in this report are in (SELECT ONE): Tons Cubic Yards 16. For Existing Facilities that have not reported this information in the past, Amount of a. Unprocessed Material On Site at Beginning of Report Year: b. Processed Material On Site at Beginning of Report Year (total): 17. Total Quantity of Material Received During Report Year: 18. Total Quantity of Material Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year: 19. Total Quantity of Material Removed from Site for: a. Use (e.g., landfill cover, fuel, mulch, compost, etc.): b. Disposal: c. Other (transfer stations) 20. Total Quantity On Site at End of Report Year of: a. Unprocessed Material: b. Processed Material: Note that the total sum of items 16 a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20 I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge. Print Name and Title of Registrant/Permittee or Authorized Agent Signature Date Email address (if available): PART D - MAILING INSTRUCTIONS Remember to include the $35.00 fee if this is also a registration application. Mail completed form to: Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 11.D.9 Packet Pg. 2751 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2/19/2020 Grove Scientific & Engineering Company Mail - Noise Level Data https://mail.google.com/mail/u/0?ik=68a9720d33&view=pt&search=all&permthid=thread-f%3A1658908769694226150&simpl=msg-f%3A16589087696…1/2 James Golden <jimgolden@grovescientific.com> Noise Level Data 3 messages Michael Schmitt <mschmitt@airburners.com>Tue, Feb 18, 2020 at 3:45 PM To: "jimgolden@grovescientific.com" <jimgolden@grovescientific.com> Air Burners decibel readings: S-100 Series and S-300 FireBox results Side 10 feet 20 feet 40 feet 80 feet 160 feet Left 91 80 78 72 64 Right 87 83 79 76 66 (Manifold Side) Front 86 83 78 74 64 (Engine Deck) Michael Schmitt Air Burners Inc. North America Sales Manager Cell 772-631-8140 Office 772-220-7303 Fax 772-220-7302 www.airburners.com James Golden <jimgolden@grovescientific.com>Tue, Feb 18, 2020 at 3:50 PM To: Michael Schmitt <mschmitt@airburners.com> Thank you! James Golden, P.G. 11.D.9 Packet Pg. 2752 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Frequency (%)NAPLES MUNI AP (FL) Wind Rose Jan. 1, 2019 - Dec. 31, 2019 Sub-Interval: Jan. 1 - Dec. 31, 0 - 23 1.3 - 4 4 - 8 8 - 13 13 - 19 19 - 25 25 - 32 32 - 39 39 - 47 47 - Wind Speed (mph) N NNE NE ENE E ESE SE SSESSSW SW WSW W WNW NW NNW 0% 5% Click and drag to zoom 11.D.9 Packet Pg. 2753 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2754Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2755Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ACCURATE ENTERPISES OF NAPLES 3630 BONITA BEACH RD BONITA SPRINGS, FL 34134---0 00337800009 CARTER FENCE CO INC 3490 SHEARWATER ST NAPLES, FL 34117---0 00341000002 COLLIER CNTY BOARD OF COUNTY COMMISSIONERS NAPLES, FL 34112---0 00298520004 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 00342000001 COLLIER COUNTY 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112---0 00341400000 ELIGIO SANTOS SR REV TRUST 3890 21ST AVE SW NAPLES, FL 34117---0 00450720008 GARRY, JOHN ALBERT 30 PEBBLE HOLLOW COURT SPRING, TX 77381---0 00337960004 HOWELL, DONNA K CARLOS R CARCAMO 2126 CRAWFORD AVE NAPLES, FL 34117---4050 00341160007 J & J WHOLESALE NURSERY INC 183 PRICE ST NAPLES, FL 34113---8436 00341480004 JESELLA, JAMES J SUSAN LASKY JESELLA 2826 COUNTY BARN RD NAPLES, FL 34112---5436 00338640006 JESELLA, JAMES J SUSAN LASKY JESELLA 2828 COUNTY BARN RD NAPLES, FL 34112---5436 00338680008 JOHNSON, MICHAEL & LORI R 2220 CRAWFORD AVE NAPLES, FL 34117---4020 00340800009 JOHNSON, MICHAEL T LORI R JOHNSON 2220 CRAWFORD AVE NAPLES, FL 34117---4020 00341440002 JORGE, MERCEDES MONTERO 2065 WASHBURN AVE NAPLES, FL 34117---4025 00340960004 LANCASTER, RICHARD P KATHERINE LANCASTER 2170 WASHBURN AVE NAPLES, FL 34117---4032 00340880003 MARTINEZ, ABELARDO 1714 KINGS LAKE BLVD 2-103 NAPLES, FL 34112---0 00340840001 MARTINEZ, MANUEL 6610 SW 132ND AVE MIAMI, FL 33183---2333 00338480004 NATELLI, VINCENT % HELEN C DODICK ESQ - GD % OFFICE OF THE PUBLIC GD PO B0X 812 TRENTON, NJ 08625---0 00341120005 PALMITER, RICHARD C 4916 KINGSDALE DR MINNEAPOLIS, MN 55437---1833 00341320009 RAGAN, FRANK R WILLIAM S RAGAN 6204 PARKERS HAMMOCK ROAD NAPLES, FL 34112---0 00337160008 RUSSELL, JERRY L 2251 WASHBURN AVE NAPLES, FL 34117---4033 00341920001 SOUBELET, RICHARD 2112 WASHBURN AVE NAPLES, FL 34117---0 00341280000 SOUBELET, RICHARD MIGUEL 18011 BISCAYNE BLVD #504 MIAMI, FL 33160---0 00338160007 SOUBELET, RICHARD MIGUEL 18011 BISCAYNE BLVD #504 MIAMI, FL 33160---0 00340920002 TIITF /BOARD OF COUNTY COMM 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00450680009 TIITF /ST OF FL % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00451240008 TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00398760007 TIITF /ST OF FL 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399---6575 00398760308 VENTURA YAHL LLC 2651 SW 27 AVENUE MIAMI, FL 33133---0 00341920409 YAHL, FRANK & JUANITA 2221 WASHBURN AVE NAPLES, FL 34117---4033 00341080006 Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20190001052 | Buffer: 1000' | Date: 12/30/2019 | Site Location: 00341920409 POList_1000 11.D.9 Packet Pg. 2756 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning 11.D.9Packet Pg. 2757Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2758 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2759 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2760 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2761 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2762 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2763 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2764 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2765 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2766 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2767 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2768 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2769 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2770 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2771 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2772 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2773 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2774 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2775 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2776 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2777 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2778 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2779 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2780 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2781 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2782 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Supplemental Information 11.D.9 Packet Pg. 2783 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) Part 2 ---> Part 2 ---> 11.D.9 Packet Pg. 2784 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) AVE DIAMETER WELL WATER TANK �01'-:.J;:\l:ll (' WILii: tll:-<M tl 13 C ll)tl:>L0"t3 31 r,1i'..X 1C � '" 112 LU '-' z LU 0 8 ill ,� 0:: A-ZONING 111061/£ HOIJ£ (5 AC. IRACI] CfXT£R UN£ OF 20' ASPHAI. T ROAD 2" STAND PIPE 51 A-ZONING & HORTICULTURAL RECYCLING £X1S71NG RECYCUNG AREA R!crlACE �XISTlt.0 e· FE�CE '.'.'IT°" 6' Ct-AINLIN;<; FENCE TOf>f' ;;.o •.-.,11-1 .". S'NCLE STRANO OF E:'AASEC �IR AREA I I / l-'><lJl-'()�ULt.1L'ttlti-(Mtt. 1;.,.,ty 1 H GH. SI SL�F'ES J 1 MAX 300' , RESIDENC, ?ROrOS:D 12'',\10E jfl,1/E',W,Y ijl:"™1:L 1JO' \ \ SIUl::$1.014.SJ IM.\X •·'NG AREA� -f -----✓, • ) I ):,. � ):,. ):,. • ):,. � ):,. Cl) . • . . ,f ,o· • .. 11.1 . . lC·.9 :�>>()., • .. • ' ,<>· ,o· 2· STA�D PIPE w :>ROPOSl:D 2' WIDC 0[ru.t r.1.. 12 J' '' -11']t, sic: SL0'l_5 3:1 MAX . . . . &. li).7 • CONSERVATION EASEMENT. . . . . . . ,.,,.,,o· . PRESERVE AREA (WETLAND). . • 11.73 ACRES . . • .. ... • . . . 1-'" ,o· '\,� O· •" •'. , .. . • • " LINE LEGEND SILT FENCE ------EX. IMPROVEMENTS . 1H1 • • . ""' ;,c· . . 10.5 . • • • -----CENTERLINE OF ROADS, SWALES. ETC. CONDITIONAL USE/ GMPA AREA . • SEE SHEET 7 LEGEND • • Landscape Notes Prese,ves m.ay be used ro sat'sly tn& JandsciJ{}e buffM 1ec;u.remen1s aflerex.otic: v��tclatio,-i ,em•va: in accordanc� w.lf: lOG Sffr:l:M.� 4 0602 ;,nd4 08.0Mr) SiJJlP,9'Tlllril1tl r,iant,',101' wi1h na•,v") P'anr matAmi•s MJ/1 "6 m ;ir.cord1mr.Fi with LDC Sccti::m 3051)7(H)(11(c) ADD CODE TYPE "C" BUFFER & 6-FOOT HEIGHT GREEN FABRIC SCRE[::N ON 1:ENCE SITE SUMMARY WATEr� MANAGEMENT AREA & BUILDING AREA OG/\C. 2.1% PAVEDNEHICULAR AREA 1.Q3 AC. 6.7�<-TOTAL IMPERVIOUS AREA 253 AC PU�% WATER MANAGEMENT LAKE /SWALES 298AC 10-4% MULCHING OR PERVIOUS /\REA 8.87 AC. 30.8% LANDSCAPE AAEA.IBERMS 1.1LAC 4% TOTAL WATER MANAGEMENT AREA 1552AC 5'1o/, �����r:: ��;�:r����i� & 1.21 AC. 4.2% PRESERVE AREA 11 73 ACRES • 40. 7% OPEN SPACE NOT TO OC CLEARED 0.31\C 1.0% TOTAL SITE /\REA· 28.76AC. 100% TOTAL WETLAND PRESERVE 11 73 AC �TOTAL AREA INCLUDES EASEMENTS OF RECORD I\T PERIWETEROFOWNERSHIP IO 9. l)' ESMT AT NORTH PROPERTY LINE FOR WASHBURN AVENUE, EASEMENTS FOR M'.J ANO CANAL ADJACENTTOt-75) FOR WHICH CONSERVATleN EASEMENTS CAN NOT BE 'NHITTEN OVER ANO ARE OUTSIDE Tl IE IMPROVEMENT AREA PARKING REQUIREMENTS: lanCli I The minimum requiremenl is2 sp;ic.es per Amplcyee. & BASEDON25 EMPLOYEES 2 SPACES I EMPLOYEE -50-SP�Ct:S, SFAC[S PROVIOCD "'i'SO SPACCSfA) l.___..,.._., __ �,_,.-.,,' HM,OIC1�P=>EO SPACES REeU1REO~ 1 HANOICi\P=>EO SPACES PROVIDED= 2 , .. DRY PRETREATMENT IN OFFICE AREA· TOTAL AREA• 3.71 ACRES BUILDIN GS: 0.11 ACRES PARKING/GRAVEL: 0.78 ACRES DETENTION AREA: 0.44 ACRES STORAGE FROM EL 11.5' TO 13.0' = 0.44 AC. X43560 SFIAC. X 1.5' = 28,750 Cf;, PROJECT DATA TABLE �v-v .. ..__......_,..-",-..... -'V"" ...... � DATA_(.ZONED�TUA[.� ZONING AGR1£tlt:TWRE·-'\._ ... _,.._ _...., _,,._ .,-·' SETBI\Ci-':S FRONT SIDE REAR PRESERVE BLDG SEPARATION BLDG HGT f,,'IN. FLOOR AREA ACC. SETBACKS UTILiTY SLOGS FRONT SIDE -0:�� SEPARATION 50' 30' 50' 25' 1•)8' 536.3' 1•JOO'+ 170' NONE 23.5' 35· ,&17' 550 sq ft 1 700 sq ft $PS SP$ 10' 10' 1!W 4•31' 1•JOO'+ 1Z PRESFRVE AR[A. 7,2 AC 11.73AC 0.3AC OPENSPI\CENOTT03EC.E�.;.E) O.OAC PROPOSED AIR CURTAIN INCINERATOR o' SPRINKLER HEAD =tt: I- (_) 0 � a.. FEBRUARY 2020 0 I-U') 'Sj-w .... I0) N Cl) z c:l'. _J a.. w l- <--- Part 1 <--- Part 1 11.D.9 Packet Pg. 2785 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9Packet Pg. 2786Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 11.D.9 Packet Pg. 2787 Attachment: 9.A.4 11.D.9 Packet Pg. 2788 Attachment: 9.A.4 Reviewers previously approved this item for 3-19 CCPC. 11.D.9 Packet Pg. 2789 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) NOTICE OF PUBLIC HEARING Notice is hereby given that the ColUer County Planning Commission will hold a Public meeting on June 16, 2O2O commencing at 9:OO A-M. ln the Board of County Cornmissione6 Chamber, Third Floor, County Goverffnent Center, 3299 East Tamiarnl Trdl, NaPles, FL The purpose of the hea.ing is to considerl AN ORDINA.IICE OF TIIE BOARD OF COI]NTY COMMISSIONERS OF COIIIEX COUNTY, TLORIDA AMENDING ORDINANCE NO. 89.05, AS AMDNDED, TIIf, COLIIER COTINTY GROWTII MANAGEMENT PIJTN FOR THE I'MNCORFOR]ITED AREA OF COLLIER COT'NTY, FII)ruDAs SPECIHCALLY AMENDING THD TUTTJNX I.IIND USE EI,EIIENT AND TUTUR.E I,,IU\TD USE MAP A.ITTD MAP SEruES To AIIOW AN AIR CIJRTAIN INCINER]TIOR A.s A CONDITIONAI, USE IN THE RUNA TRINGE MD'}D USE DISTRICT.SENDING I.A.NDS. TI{E ST,IBIECT PROPERTY IS I,OCATED EAST OT THf, NAPI,ES I.ANDFILL, NORTH OF I-7' IN SECTI-ON 'T, TOWNSHIP 49 SOUTH, NANGE 27 EA-ST, COLIIER COUN:TY, FLORIDA, CONSISTING OTA IISSTIIAII 3 ACRE PORTION OFTHE ENTIRX 24,76t ACRE PROPERTY; AND FI'RTHERMORE, DIN.ECTING TNANSMIMAI- OF THD ADOPTED AMENDMENT TO TIIE FLOruDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVENABILITY A.IID PROVIDING FOR AN ETFECTIVE DATE. TPL2O19OOO1O'2I & A RESOLUTION OF THE BOARD OF ZOMNG APPEALS OF COIIIDR COIJNTY, FLORIDA, AMENDING N.ESOLUTTON NO. 1 1-149 WHICH PROVIDED FOR TIIE ESTAELISHMf,NT OF A CONDITIONAL USD TO AIIOW A COLI,ECTION AND TBANSFEf, SITE FOR RESOIJRCE RECOVERY VTTHIN AN AGRICIIIIT'RAI (A) ZOT\IING DISTRICT, AND WTTHINTHE RURAL FRINGE MIXXD USE DISTRTCT SENDING r.1\r\IDS ZOMNG OVERI.J\Y AND VTnlIN THE NORTH BELLE MEADE ZONING OVERLAY, PURSUANT TO SUBSECTION 2.Or.O1.A.1'c.12 OF THE COLLIEN COI'NTY I.JIND DEVELOPMENT CODE, TO AILOV AN AIR CIJRTAIN INCINENAIOR AS AN ACCESSORY USE TO THE COIITCTION AND TNANSFER SIIT FOR REAOI]RCE RECOYERY USE ()N '1 ACRES OF THE 24.76I ACN.E PROPERTY LOCATED EAST OF THD NAPI,ES LANDrIII, NORTH OF I.7' IN SECTION 'I,TOWNSHIP 49 SOUIII, nANGE 27 DAST, COIlIf,f, COIJNTY, TLORIDA. [PLlOr9(XX)O9'$l Project Location rawford AVE BLVDWhite A[ interesled partiei ate inr'tted to app€ar and be heard. Copies ofthe proposed ORDINANCE & nrsoltmoi *ltt U. made.ratl2bie for tnspection .t the GMD zoninS Dillslon. c,mPrehensiv€ Planninc S€ction, 28OO N. Horseshoe Dr', Nrples, b€tween the hours of 8:00 A.M. and 5:0o PM 'u."a""'trlD"of, faarv. Furthennore, the mitetialg s'il be rnade available for inspec-tiofl at the Col.lie.'Countv"Clerk's ffice, Fourth Floor, Collier county Government Center, 3299 East Temiafid Trail, Suite 40'f Naptes, one week Prior to the scheduled heartng. Any questioos pertainlng to the doco-.rrts should be ditected to the GMD zoning Division, ComPrehen tve Planning &ction- vrinen comments filed with the Cterk to the Board s office Prlor to Juae 15, 2O2o, will be read and considered at the public hearing. As part of an ongoing initiative to Promote socid distaodnS durinS the COvtDl9 pandemic' the'public wil hai€ rh]e opponunity to Prot'lde Public @rnments remotely as well as ifl person. durihc this oroceedlnq. _lhai"iduAs who would like to perticipate remotely. should re8ister ,nr ti?re aftir the arei& is posted on the County er'ebsite u'hich is 6 days b€fore the meeting through the unk pri'vided on $e front page of the crunty website at w*'s/ cgllercoultdl {ov' i"-afri?"ai *h" tlgitt t will receive an e-malil in advance olthe public heerinS.detailinS how-they can oarticioate reriotelv in this meeting. For additional inforEration about the meef'ng. please caU'ihomas Clarke at ( i39) 252-2526 ot an],ail to ccPcRemoteParticioation@ColiercountyFl Sov Anv D€rson who decide! to appeal .ny decision of the Colli€' Coorty PLnntng CoEmttslon wili ieed a record of the go<taxn8r ffiaininS thercto and ther.efore, inay need to ensure that a vetbaom rccord of thc p'roceedtngF 6 fiade, wlfch rccord includes dr€ testimony and evidence upon which the appeal is based. If lou are a Derson with a dtsability who needs any accommodadon in order to particiPate in Gii oro...diiro. rou * entitled. at no cost to you, to the p{ovision of certain assistance' Please contict the co]iier counw Faclllties Management Division, Iocaled at 33J5 Tamjami Trail Easr' iui- iot, Naptes, rl yli2-53r6,1239\ 25r's.]8o' at least rwo davs prior-ro the meeting Assisled listening de!,ices for the hearing imPaircd are al'ailable in the Board of county commissioners Office. Ir!.rk P. Str.in, Chairman Colli€r Crunty Plan rlng comndtrion 5/29/ t.A I FRIDAY, MAY 29,2020 I XAPLES DAILY I{EW3 o 11.D.9 Packet Pg. 2790 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 1 LynchDiane From:James Golden <jimgolden@grovescientific.com> Sent:Friday, May 29, 2020 2:46 PM To:GundlachNancy Cc:SchmidtCorby; Jeff Subject:Yahl Mulching- Sign Posting Affidavit Attachments:Yahl Sigh Affidavit 5-29-20.pdf EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Nancy, As required, see attached sign photos and affidavit of sign posting notice..Jim 11.D.9 Packet Pg. 2791 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 2 James Golden, P.G. Vice President Grove Scientific & Engineering 6140 Edgewater Drive Suite F Orlando, FL 32810 P: 407-298-2282, ext. 107 C: 407-353-3674 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Virus-free. www.avg.com 11.D.9 Packet Pg. 2792 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) YAHl MULCHING AND RECYCLING, INC Nancy Gundlach, Collier County As Applicant and Agent on behalf of Ventura Yahl, Lie, and Yahl Mulching and Recycling, Inc., for applications Ρ12٥190001052 and p120190000948, I elect to proceed during the declared emergency with a hybrid virtual meeting of the Collier County Planning Commissioners/Board of County Commissioners, and I waive my right to contest any procedural irregularity that may be caused by this type of hybrid meeting. The applicant shall retain all other rights afforded to them by the State of Florida under guasi judicial hearing proceedings. dổime N. Calaf Yahl Mulching and Recycling, Inc. ة1آل1ة٠ 11.D.9 Packet Pg. 2793 Attachment: 9.A.4 PL20190000948 Yahl Mulching Recycling CU (12706 : Collier County Planning Commission - June 16, 2020) 06/16/2020 COLLIER COUNTY Collier County Planning Commission Item Number: Item Summary: PL20190001052: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series to allow an air curtain incinerator as a conditional use in the Rural Fringe Mixed Use District-Receiving Lands. The subject property is located east of the Naples Landfill, north of I-75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida, consisting of 3 acres of the 28.76± acre property; and furthermore, directing transmittal of the adopted amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date. (Companion to PL20190000948) [Coordinator: Corby Schmidt, AICP, Principal Planner] Meeting Date: 06/16/2020 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 05/19/2020 6:54 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 05/19/2020 6:54 AM Approved By: Review: Road Maintenance Diane Lynch Review item Completed 05/19/2020 9:33 AM Zoning Diane Lynch Additional Reviewer Skipped 05/19/2020 9:37 AM Zoning Diane Lynch Review Item Skipped 05/19/2020 9:37 AM Zoning Diane Lynch Additional Reviewer Skipped 05/19/2020 9:37 AM Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped 05/19/2020 9:38 AM Growth Management Department Diane Lynch Review Item Skipped 05/19/2020 9:38 AM Zoning Diane Lynch Review Item Skipped 05/19/2020 9:38 AM Planning Commission Mark Strain Meeting Pending 06/16/2020 9:00 AM 11.D.10 Packet Pg. 2794 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT PL20180001052/CPSS-2019-7 (ADOPTION HEARING) CCPC: June 16, 2020 BCC: September 22, 2020 [Continued from CCPC March 19, 2020 ] 11.D.10 Packet Pg. 2795 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) TABLE OF CONTENTS GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT PL20190001052/CPSS-2019-7 CCPC June 16, 2020 (continued from March 19, 2020) [ADOPTION HEARINGS] 1) TAB: Adoption Staff Report DOCUMENT: CCPC Staff Report: 2) TAB: Adoption Resolution DOCUMENT: Resolution with Exhibit “A” text (and/or maps): 3) TAB: Project PL20190001052/ DOCUMENT: Application/Petition Petition CPSS-2019-7 4) TAB: Legal Advertisement DOCUMENT: CCPC Advertisement 11.D.10 Packet Pg. 2796 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 1 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility S TAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: June 4, 2020 (continued from: Ma rch 19, 2020) SUBJECT: PETITION PL20190001052/CPSS-2019-7, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] (Companion to PL20190000948, Yahl Mulching & Recycling Conditional Use Modification) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) PETITIONER/OWNER/AGENT: Petitioner/Owner: Yahl Mulching and Recycling, Inc. James Calaf, of Ventura Yahl, LLC 2250 Washburn Avenue 2651 SW 27th Avenue Naples, Florida 34117 Miami, FL 33133 Agent: James Golden, P.G. Grove Scientific & Engineering Co. 6140 Edgewater Drive, Suite F Orlando, Florida 32810 GEOGRAPHIC LOCATION The subject property contains approximately 2.71 acres located south and east of Washburn Avenue, and east of the Naples Landfill. The property has approximately 460 feet of frontage on an east-west segment of Washburn Avenue , in the north east area of the ±28.7 acre parent property, in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See aerial and zoning maps below) Proposed ACI Project Site Proposed ACI Project Site 11.D.10 Packet Pg. 2797 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 2 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility REQUESTED ACTION This petitioner seeks to amend Rural Fringe Mixed Use District, Sending Lands provisions in the FLUE, and Future Land Use Map Series of the Growth Management Plan (GMP), affecting ten (10) or fewer acres, by introducing the: 1) FLUM inset map for Air Curtain Incinerator Facilities, to depict the effected 2.7-acre area, and 2) Sending Lands, Conditional Uses text to revise provisions regarding the uses allowed within the affected area. Both the new map and revised language proposed by this amendment are found in Ordinance Exhibit A, and will allow modification to the companion Conditional Use to allow the addition of an Air Curtain Incinerator (ACI) for disposal of yard waste (trees & clean lumber/wood) on 2.7 acres of the total site, along with the already-allowed recycling of horticultural, construction and demolition materials on the entire +28-acre subject property in the A, Rural Agricultural zoning within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. PURPOSE AND DESCRIPTION OF AMENDMENT The petitioner proposes amended provisions that allow the ACI as a Conditional Use, at a Sending Lands location where “facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal” are not now allowed. STAFF ANALYSIS FUTURE LAND USE DESIGNATION, ZONING AND LAND USE: Subject Property: The subject property, which comprises approximately 2.7 acres, is currently designated Rural Fringe Mixed Use District, Sending Lands, North Belle Meade Overlay (NBMO), which generally provides participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single -family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non -residential uses (e.g. passive recreation, essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. It is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the “Mulching and Recycling Facility”. County records indicate zoning activity as early as 1991, when a Provisional Use for a “Sawmill” was granted, plus a series of Conditional Uses, beginning in 1998, when the “Sawmill (Mulching and Horticultural Recycling)” use was approved ; the land uses on the property are horticultural mulching and construction & demolition materials recycling, with no on - site incineration. Surrounding Lands: North: The Future Land Use Map designates land north, across Washburn Ave., as Rural Fringe Mixed Use District, NBMO Sending Lands. Land is zoned A, Rural Agricultural, RFMU Sending Lands Overlay, and within the North Belle Meade Overlay, and developed with residences. East: The Future Land Use Map designates land east of the subject property as Rural Fringe Mixed Use District, NBMO Sending Lands. Land is zoned A, Rural Agricultural, RFMU Sending Lands Overlay, and within the North Belle Meade Overlay, and developed with residences. South: The Future Land Use Map designates land lying south of the subject property, across I-75, as Rural Fringe Mixed Use District, NRPA Sending Lands. These areas lie within the Picayune Strand State Forest. These areas are zoned A, Rural Agricultural, RFMU Sending Lands Overlay, and within the Natural Resource Protection Area , and are undeveloped. 11.D.10 Packet Pg. 2798 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 3 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility West: The Future Land Use Map designates land immediately west of the subject property as Rural Fringe Mixed Use District, NBMO Sending Lands. These areas are zoned A, Rural Agricultural, RFMU Sending Lands Overlay, and within the North Belle Meade Overlay, and are developed residentially. A property across Washburn Ave., is zoned A, Rural Agricultural with a Provisional Use (PU), RFMU Sending Lands Overlay, and within the North Belle Meade Overlay, and developed with a communication tower. Criteria for GMP Amendments in Florida Statutes The data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Identification and Analysis of the Pertinent Criteria in Florida Statutes, Chapter 163.3187, to Qualify as a Small-Scale Comprehensive Plan (GMP) Amendment: The process for adoption of small-scale comprehensive plan amendment requires (in pa rt) the following statutory standards be met, [followed by staff analysis in bracketed text]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The amendment pertains to a 2.7-acre property.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment involves text changes that relate directly to site -specific Future Land Use Map changes.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meetin g the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1 ). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the intern al consistency of the plan pursuant to s. 163.3177. [The amendment preserves the internal consistency between and among GMP elements.] Section 163.3177(1)(f), Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon relevant and appropriate data and an analysis by the local government, (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary ind icated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan u nless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made 11.D.10 Packet Pg. 2799 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 4 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation ma y not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10 -year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growt h, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2. Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon surveys, studies and data regarding the area, 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: The process for adoption of a comprehensive plan map amendment [which this is] requires (in part) that plan amendments shall be based analyses of the availability of facilities and services, the suitability of the plan amendment for its proposed uses, and of the minimum amount of land needed to achieve the 11.D.10 Packet Pg. 2800 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 5 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility goals and requirements of the existing subdistricts, Sending Lands and special designations, within which land use programs and activities are ultimately directed. (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs a nd activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the pe titioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. BACKGROUND, CONSIDERATIONS AND ANALYSIS COMPREHENSIVE PLANNING COMMENTS: Application materials describe the site as “partially cleared and improved” with “existing mulching and recycling facilities”. The parcel is zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands , and within the North Belle Meade Overlay. It is approved with a Conditional Use allowing for the “Mulching and Recycling Facility”. The GMP provisions for Sending Lands’ Conditional Uses are found [in part] in the FLUE as: 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the south west quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal. Staff cannot clearly determine the reasons for disallowing these specificall y identified methods of “solid waste disposal.” In this instance however, it appears that landfilling, dryfilling and incinerating were considered to be similar practices, or methods of solid waste disposal – with potentially similar impacts on the surrounding land uses and neighbors. The advent of the Air Curtain Incinerator (ACI) introduced an enclosed technology; one which the petitioner asks the County to consider as acceptable for this location. Informational materials provided by the petitioner have included an ACI Operating Manual, and a Startup, Shutdown and Operating Plan for Yard Trash Processing (prepared by the engineering firm, Grove Scientific & Engineering). The “Operating Plan” appears to cover nearly every aspect of ACI operations on the Yahl property. It covers how operators are trained before operating the ACI, and how the Greater Naples Fire District, Florida Forest Service and Department of Environmental 11.D.10 Packet Pg. 2801 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 6 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility Protection are involved. This “Operating Plan”, in itself may be a valuab le resource when considerations are given to the companion Conditional Use modification. Environmental Impacts: The entire Conditional Use subject property is 28.7 acres. The acreage of native vegetation on site was field verified by staff during review o f the Conditional Use (CU) for the project. The project is located within the Rural Fringe Mixed Use District (RFMUD) overlay. The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on site will be retained in accordance with the requirements of CCME Policy 6.1.1 and section 3.05.07 of the LDC. Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: Transportation Planning staff has reviewed the application and found this project consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The proposed Air Curtain Incinerator machine addition to the existing facility will according to the application not cause additional trips and potentially reduce the current trips experience at this facility. The ITE traffic impacts generated by the facility does not change with the addition of this machine (an Air Curtain Incinera tor is not a stand-alone ITE trip generator and is considered accessory to the principal use for traffic impact). There are no other changes proposed with this Conditional Use; therefore, there are no additional transportation impacts beyond the previous findings of approval. [Michael Sawyer, Principal Planner Growth Management Department, Transportation Planning] Public Facilities Impacts: This petition proposes no increase in density or changes in permitted uses and would therefore have no impact on public utility facilities adequacy. [Eric Fey, P.E., Senior Project Manager Public Utilities Department] Emergency Medical (EMS) and Fire Rescue Services: The subject property is located within the Greater Naples Fire and Rescue District, who’s collocated EMS/fire station 72 is located at 3820 Beck Boulevard, approximately 3 miles to the west. No adverse impacts to these safety services result from the proposed use. Changes in permitted uses do not impact other public utility facilities adequacy. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F. was [duly advertised, noticed and] held, jointly for this small-scale Growth Management Plan amendment petition and companion CU modification petition, on January 30, 5:30 p.m. at the Springhill & Fairfield Inn & Suites meeting facilities, located at 3798 White Lake Boulevard, Naples. Approximately 22 people other than the application team and County staff attended. James Golden, of Grove Scientific & Engineering Company (agent representing the applications), introduced other principals present, including Jeff Ekiss, the applicant. Mr. Golden used a Power Point presentation to describe the existing characteristics of the property, located southwest of Washburn Road. He explained how together, the small-scale GMPA and Conditional Use modification requests will allow for the operation of the ACI, on an area of the property where horticultural recycling already takes place. He displayed a site plan showing the proposed arrangement of uses. 11.D.10 Packet Pg. 2802 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 7 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility He went on to explain how the ACI functions, how its operators are trained, and the State agency that monitors its operation. Neighbors in attendance expressed their concerns o ver traffic, ash, smoke, heat, fumes, and how this existing operation’s traffic in particular, already creates dangerous traffic situations on the narrow roadway. Concerns regarding a history of mulching and recycling activities and their related problems were discussed, including the unexpected height of the C&D (construction and demolition) mound [higher than the Conditional Use allows], the nuisance wood-chipping and concrete crushing, and increasing unsightliness that seems to accompany the growing business. Additional details were discussed about operating the incinerator, its potential impacts, and the protections neighbors have to their properties from it operation. Jeff Ekiss agreed to post some type of sign or other roadside notification on days when the ACI would be active. Neighbors asked about the public hearing proces s before the Planning Commission and County Board, and the anticipated schedule these two companion petitions are on. Mr. Golden and County staff present explained how this happens. The Information Meeting was ended at approximately 7:0 5 p.m. This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site is currently zoned with a Conditional Use, and used for the recycling of horticultural, construction and demolition materials on the parent, ±28-acre subject property in the A, Rural Agricultural zoning. • Informational materials provided by the petitioner have included an ACI Operating Manual, and a Startup, Shutdown and Operating Plan for Yard Trash Processing (prepared by the engineering firm, Grove Scientific & Engineering). The “Operating Plan” appears to cover nearly every aspect of ACI operations on the Yahl property, and may be a valuable resource when considerations are given to the companion Conditional Use modification. • The County found this project consistent with Policy 5.1 of the Transportation Element of the GMP. • No issues regarding impacts upon potable water, wastewater collection and treatment or solid waste collection and disposal services have been identified, nor concerns fo r impacts upon other public infrastructure. • People attending the Neighborhood Information Meeting expressed a strong consensus that operating the incinerator, its potential impacts, and the protections neighbors have to their properties from it operation are important considerations. The applicant agreed to a Conditional Use commitment to post some type of sign or other roadside notification on days when the ACI would be active. • A companion Conditional Use modification petition has been submitted concurrent with this GMPA petition to permit an air curtain incinerator (ACI), as a method of onsite solid waste disposal. 11.D.10 Packet Pg. 2803 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 8 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility LEGAL CONSIDERATIONS The Office of the County Attorney reviewed this report on _________, 2019. In addition to pertinent small-scale (GMP) amendment criteria in Florida Statutes, Section 163.3187 addressed above, the criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION Staff recommends that the Collier County Planning Commission forward Petition PL20190001052/CPSS-2019-7 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. [Remainder of page intentionally left blank] 11.D.10 Packet Pg. 2804 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Agenda Item 9. ‒ 9 ‒ CPSS-2019-7 / PL20190001052 Yahl Mulching & Recycling ı Washburn Avenue Air Curtain Incinerator Facility G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-7 Yahl Mulching\CCPC\CPSS-19- 7 Yahl stff rprt_FNL.docx 11.D.10 Packet Pg. 2805 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Exhibit PL20190001052/CPSS-2019-7 1 Words underlined are added; words struck-through are deleted. EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** II.AGRICULTURAL/RURAL DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** B.Rural Fringe Mixed Use District [Page 56] *** *** *** *** *** Text break *** *** *** *** *** 1.Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: *** *** *** *** *** Text break *** *** *** *** *** A)Receiving Lands:[Beginning Page 75] *** *** *** *** *** Text break *** *** *** *** *** 8.Conditional Uses: a)The following uses are conditionally permitted subject to approval through a public hearing process: *** *** *** *** *** Text break *** *** *** *** *** (5)Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, except for an air curtain incinerator (ACI), or other method of onsite solid waste disposal. For the purposes of this subsection, the air curtain incinerator (ACI) allowed by this exception shall mean an ACI located within the three +-(3) acre specific description of area in the above described property, as depicted on the attached Air Curtain Incinerator Facilities Map of the FLUM series. An ACI can be defined as: Air curtain incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit, or above ground metal container with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit/container and a recirculating motion of air under the curtain. An ACI is a volume reduction plant used to dispose of yard trash and untreated wood, and is not considered open burning. 11.D.10 Packet Pg. 2806 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Exhibit PL20190001052/CPSS-2019-7 2 Words underlined are added; words struck-through are deleted. *** *** *** *** text break *** *** *** *** FUTURE LAND USE MAP SERIES [Page 147] *** *** *** *** text break *** *** *** *** Logan Boulevard/Immokalee Road Commercial Infill Subdistrict Map Mini Triangle Mixed Use Subdistrict Map East Tamiami Trail Commercial Infill Subdistrict Map Seed to Table Commercial Subdistrict Map Air Curtain Incinerator Facilities Map G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19- 7 Yahl Mulching\Exhbt A txt & maps\Yahl ACI Facilities exhbt A txt_drft.docx 11.D.10 Packet Pg. 2807 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) I-75 S I-75 NSmith RDEverly AVE Washburn AVE Crawford AVE White Lake BLVD EXHIBIT A PL20190001052/CPSS-2019-7 YAHL MULCHING & RECYCLING, INC. COLLIER COUNTY, FLORIDA º0 500 1,000250 Feet DRAFT PROPOSEDPROPERTY LEGEND PROPOSED PROPERTY ADOPTED - XXXX, XXXX(Ord. No. XXXX-X) 11.D.10 Packet Pg. 2808 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIERCOUNTYGOVERNMENT GROWTHMANAGEMENTDEPARTMENT 2200NORTHHORSESHOEDRIVE NAPLES,FLORIDA34104 (239)252-2400FAX:(239)252-6358www･colliergov.net ■,PROPERTYOWNERSHIPDISCLOSUREFORM Thisisarequiredformwithalilandusepetitions,exceptforAppealsandZoningVerification LetterS. ShouldanVchangesofownershiporchangesincontractsforpurchaseoccursubsequenttothe dateofapplication,butpriortothedateofthefinalpublichearing,itistheresponsibilityofthe appl icant,oragentonhisbehalf,tosubmitasupplementaldiscIosureofinterestform. PIeasecompletethefollowing,useadditionalsheetsifnecessary. |fthepropertyisownedfeesimplebyanlNDIVIDUAL,tenancybytheentirety,tenancyin common,or jointtenancy,listall partieswithanownershipinterestaswell asthe percentageofsuchinterest: a． NameandAddress %ofOwnership lfthepropertyisownedbyaCOR四RAIPN,listtheofficersandstockholdersandthe percentageofstockownedbyeach: b、 NameandAddress %ofOwnership VenturaYalh,LLC OrlandoJ.Vaides,Mngr 100％ 2651SW27thAve.Miami,FL33133 lfthepropertyis inthenameofaTRUSTEE｡listthebeneficiariesofthetrustwiththe percentageofinterest:CNameandAddress %ofOwnership Created9/28/2017 Pagelof3 11.D.10 Packet Pg. 2809 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) C|er Count); 2800 NORTH HORSESHOE DR!VE NAPLES, FLORIDA 34104 (239) 252.2400 FAX; (239) 252-6358 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Ifthe property ¡5 ¡n the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: d. Name and Address %of Ownership 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: e. Name and Address %of Ownership Date of Contract: f.If any contingency clause or contract terms involve additional parties, list all individuals or officers. If a corporation, partnership, orUt: Name and Address Date subject property acquired ] leased: Term of lease -years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 11.D.10 Packet Pg. 2810 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 Date of option: ------------ Date option terminates: ________ _, or Anticipated closing date: ______ _ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be acce pted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant 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 necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Agent/Owner Signature Orlando J. Valdes, Mngr Agent/Owner Name (please print) Created 9/28/2017 Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 I /-11--i; Date Page 3 of 3 PL20190001052 11.D.10 Packet Pg. 2811 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2812 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com August 9, 2019 Mr. David Weeks, AICP Comprehensive Planning Manager Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Small Scale Growth Management Plan Amendment Application Yahl Mulching & Recycling, Inc., PL#PL20190001052 2250 Washburn Ave. Naples, Fl 34117 Dear Mr. Weeks: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting the enclosed application and supporting materials requesting a Small Scale Amendment to the Collier County Growth Management Plan (GMP). Specifically, the GMPA is requested to remove the prohibition of “incinerating” from the Future Land Use Element (FLUE), RFMUD subsection, C) Sending Lands: 8. Conditional Uses: a) (5) for the subject facility. The facility has an existing approved conditional use, CU- PL2010-166, to allow for yard waste and construction and demolition (C&D) debris recycling on the 28 acres site. This GMPA, if approved, will allow the operation of an air curtain incinerator (ACI) to dispose of yard waste on an approximate 3-acre portion of the facility. A companion application to modify the existing CU has been submitted concurrently to your Department. A pre-application meeting was held on May21, 2019, see Section 1 for meeting notes. This GMPA application is organized as follows: 1. Section 1-GMPA application Form, and Pre-Application Meeting Notes 2. Section 2-Ownership disclosure and authorization Forms, deed, survey and legal description; 3. Section 3- Narrative, Sec.V.-Required Information, Development Plan, NBM Overlay Map; 4. Section 4-ACI Information, Operations Plan 5. Section 5- Previous Traffic and Envt. Studies. A check for the required $9,000.00 application fee, and additional advertising fees is enclosed. We trust that you will find this application complete. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura, Corby Schmidt, Collier GMD 11.D.10 Packet Pg. 2813 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 1 APPLICATION NUMBER: ___________________ DATE RECEIVED: ______________________________ PRE-APPLICATION CONFERENCE DATE: ____May 21, 2019___________________________________ DATE SUFFICIENT: ______________________________________________________________________ This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252- 2400. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A.Name of Applicant: _Yahl Mulching and Recycling, Inc.__________________________ Company: _______________________________________________________________________ Address: 2250 Washburn Ave.____________________________________ City: __Naples____________________________ State: _Fl____________________ Zip Code: __34117_ Phone Number: ___239-352-7888_________ Fax Number: _239-352-4649_________________ B.Name of Agent* James Golden, P.G._______________________________________________________ *THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: __Grove Scientific & Engineering Co.__________________________________________ Address: __6140 Edgewater Drive, Suite F________________________________________________ City: _Orlando________________________ State: _____Florida_______________ Zip Code: _32810 Phone Number: _407-298-2282___________________ Fax Number: ___________________________ C.Name of Owner (s) of Record: __Ventura Yahl, LLC__, Jaime Calaf_______________________ Address: __2651 SW 27th Ave.__________________________________________________________ City: __Miami_________________________ State: _FL__________________ Zip Code: _33133___ Phone Number: _239-352-7888____ Fax Number: 305-850-6050______________________________ 11.D.10 Packet Pg. 2814 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 2 D.Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. na II. Disclosure of Interest Information: A.If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership __na________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ B.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock ___na_______________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ C.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest ___na_______________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ 11.D.10 Packet Pg. 2815 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 3 D.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general Percentage of Ownership ______100_______________ _________________________ _________________________ and/or limited partners. Name and Address Ventura Yahl, LLC____________________ 2651 SW 27th Ave. Miami, FL 33133 _________________________________________ _ _________________________________________ _ __________________________________________ _________________________ E.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership __na________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ 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 __na______________________________________________________ _________________________________ _______________________ ________________________________________________________ ________________________________________________________ G.Date subject property acquired ( x ) leased ( ):_2/22/2019____Term of lease: ______yrs./mos. If, Petitioner has option to buy, indicate date of option: ______________ and date option terminates: ______________, or anticipated closing: _______________________. H.Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 11.D.10 Packet Pg. 2816 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 4 III. DESCRIPTION OF PROPERTY: A.LEGAL DESCRIPTION: __See attached survey, Section 2____________________________ _________________________________________________________________________________ _________________________________________________________________________________ _Tax I.D. # 00341920409___________________________________________________________ B.GENERAL LOCATION: _2250 Washburn Ave., north of I-75, east of 951, Naples Landfill___ __________________________________________________________________________________ C. PLANNING COMMUNITY: ___Estates_____________ D. TAZ: __228 & 230__________ E.SIZE IN ACRES: ____28.7 acres,( +- 3 acres overlay)___ F. ZONING: __A, w/ CU________ G.SURROUNDING LAND USE PATTERN: Rural Agricultural, landfill, nursery, rural residences___ H.FUTURE LAND USE MAP DESIGNATION(S): Agricultural/rural, Rural Fringe Mixed Use District, Sending Lands, North Belle Mead Overlay. IV.TYPE OF REQUEST: A.GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: ______ Housing Element ______ Recreation/Open Space ______ Traffic Circulation Sub-Element ______ Mass Transit Sub-Element ______ Aviation Sub-Element ______ Potable Water Sub-Element ______ Sanitary Sewer Sub-Element ______ NGWAR Sub-Element ______ Solid Waste Sub-Element ______ Drainage Sub-Element ______ Capital Improvement Element ______ CCME Element ___X___ Future Land Use Element ______ Golden Gate Master Plan ______ Immokalee Master Plan B.AMEND PAGE (S): _RFMUD, Sending Lands_OF THE: __FLUE_____________________________ELEMENT AS FOLLOWS: (Use Strike-through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: ____________________________________________________________________ _________________________________________________________________________ 11.D.10 Packet Pg. 2817 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 5 _________________________________________________________________________ C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM ______________________________ TO ___NBM Overlay Map attached, Section 3_____________________________________________ D.AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) ______na__________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ E. DESCRIBE ADDITINAL CHANGES REQUESTED: _A small scale GMPA to remove prohibition of “incinerating” for an air curtain incinerator, from FLUE, RFMUD subsection C) Sending lands: 8. Conditional uses: a) (5). __ Future Land Use Element as of Ordinance No. 2018-48 adopted September 25, 2018 8. Conditional Uses: a)The following uses are conditionally permitted subject to approval through a public hearing process: (2)Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (3)(5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, except for an air curtain incinerator (ACI), or other method of onsite solid waste disposal. •___________ For the purposes of this subsection, the air curtain incinerator (ACI) allowed by this exception shall mean an ACI located within the three +- 3 acre specific description of area in of the above described property, as depicted on the attached NBM Overlay Map of the FLUM series. An ACI can be defined as: .Air curtain incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit, or above ground metal container with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit/container and a recirculating motion of air under the curtain. _(ACI def. per Florida Forest Service, Chp 51-2, except for addition of “container”)___________ __________________________________________________________________________________ 11.D.10 Packet Pg. 2818 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 6 V.REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I”=400’. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A.LAND USE _Figure 1_ Provide general location map showing surrounding developments (PUD, DRI’s, existing zoning) with subject property outlined. Figure 2 Provide most recent aerial of site showing subject boundaries, source, and date. _Figures 3 and 4_ Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B.FUTURE LAND USE AND DESIGNATION __Figure 5_ Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C.ENVIRONMENTAL ___Figure 7_ Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN “A” ABOVE. See Figure 7-FLUCCS Map, Section 5 Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.).Identify historic and/or archaeological sites on the subject property. D.GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County’s Capital Improvements Element Policy 1.1.2 (Copies attached). 1.INSERT “Y” FOR YES OR “N” FOR NO IN RESPONSE TO THE FOLLOWING: ____NC_____ Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. _____NC___ Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference 9J-11.006(1)(a)7.a, F.A.C.) _____NC____ Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the 11.D.10 Packet Pg. 2819 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 7 proposed amendment. ____NC____ Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) E.PUBLIC FACILITIES 1.See Section 3 Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: ___NC_____ Potable Water ___NC____ Sanitary Sewer ___NC____ Arterial & Collector Roads; Name specific road and LOS ____________________________ ____________________________ ____________________________ ____________________________ ____NC_____ Drainage ____NC_____ Solid Waste ____NC_____ Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. __NC____ Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. __NC___ Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F.OTHER Identify the following areas relating to the subject property: Figure 8- Flood zone based on Flood Insurance Rate Map data (FIRM). _na__ Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) _na__ Traffic Congestion Boundary, if applicable __na Coastal Management Boundary, if applicable __na_ High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if 11.D.10 Packet Pg. 2820 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 8 applicable (identified on Collier County Zoning Maps). G.SUPPLEMENTAL INFORMATION _____ $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) __X__ $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Section 2___ Proof of ownership (copy of deed) Section 2___ Notarized Letter of Authorization if Agent is not the Owner (See attached form) Attached___ Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * If you have held a pre-application meeting and paid the pre-application fee of $250.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre-application fees are included in the total application submittal fee. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1”=400’ or at a scale as determined during the pre-application meeting. 11.D.10 Packet Pg. 2821 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize _Jomes Goldec{·G., Grove Scientific & Engineering Co.:Totlm.f & g/'otrf (Nome of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Pion affecting property identified in this Application. Signed: _Ventura Yahl, LLC, ______________ Dote : _________ _ (Nome of Owner(s) of Record) I hereby certify that I hove the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledg Signature of Applic Jq,'ffl-1! Al G kr/' Nome -Typed or Printed STATE OF ) COUNTY OF ) Sworn to and subscribed before me this _:ZO ____ doy of �,19_·_ By: Notary Public MY COMMISSION EXPIRES: 07-_{)�c2/ CHOOSE ONE OF THE FOLLOWING: �ho is personally known to me, who hos produced ___________ as identification and did toke an Oath did not toke and Oath NOTICE -BE AWARE THAT: Florida Statute Section 837.06 -False Official Law states that: •• ,��'s:,,',f;:, OLGA L. CUNI /-f:£,·�:·\ MY COMMISSION# GG 070325 \;.�_:jj EXPIRES: June 6, 2021 . ··•::;�;;, ,:..o.,<;:•" Bonded Toru Notary Public Unde1V1nters ,,,,,.,,,, "Whoever knowingly makes a false statement in writing with the Intent to mislead a public servant In the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of %500.00 and/or maximum of a sixty day jail term." 8 June 20, 2019 xx2019 11.D.10 Packet Pg. 2822 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 10 11.D.10 Packet Pg. 2823 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11 11.D.10 Packet Pg. 2824 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 12 11.D.10 Packet Pg. 2825 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 1 Pre-Application Meeting Notes Petition Type: GMPA (companion to previous CU modification) Date and Time: May 21, 2019 3:00 PM Assigned Planner: Corby Schmidt Engineering Manager (for PPL’s and FP’s): n/a Project Information Project Name: Yahl Mulching & Recycling, Inc. PL #: PL20190001052 Property ID #: 00341920409 Current Zoning: A-RFMUO Sending Lands, w/ CU Project Address S. & E. sides of Washburn Ave., at E. terminus of White Lake Blvd., +2 mi. E. of Collier Blvd. (CR 951), in 31-49-27 City Naples Applicant: Agent Name: James Golden Phone: Agent/Firm Address: Grove Scientific & Engineering City State: Zip: Property Owner: Ventura Yahl, LLC Please provide the following, if applicable: i.Total Acreage: +/- 28 ii.Proposed # of Residential Units: n/a iii.Proposed Commercial Square Footage: n/a iv.For Amendments, indicate the original petition number: v.If there is an Ordinance or Resolution associated with this project, please indicate the type and number: Existing approved CU-PL2010-166 vi.If the project is within a Plat, provide the name and AR#/PL#: n/a Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note – link is https://www.colliergov.net/Home/ShowDocument?id=75093 . Project Description: A small scale GMPA to remove prohibition of “incinerating” from FLUE, RFMUD subsection, C) Sending Lands: 8. Conditional Uses: a) (5); and, if necessary: the Conditional Uses restriction that reads “…provided previously cleared or disturbed areas are utilize d so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses” from the same subsection. This may include, as necessary: all of subsection 8. Conditional Uses: b). 11.D.10 Packet Pg. 2826 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 2 Existing approved CU-PL2010-166. [per PAO GIS, 27.72 acres] Existing Application Name: Yahl Mulching & Recycling Applicant Proposal & Attendee Discussions: This conference was held to follow -up the earlier CU modification pre-application conference of April 30, with new and different people in attendance. These people contributed to understanding more about the proposed incineration use, and how the use is regulated by their, or other, agencies. Included were the Florida Forest Service (Jeff Pilotto, Sean Allen), Collier County Solid & Hazardous Waste Management Division (Kari Hodgson, PE, Al Sanchez), Collier County Building Dept. (Thomas Mastroberto), Collier County Emergency Management (Rick Zyvoloski), Collier County Environmental Review (Jaime Cook), and Growth Management Division Client Services (Alma Sern a Brita), in addition to the applicant Jeff Ekiss of Yahl Mulching, and agent James Golden of Grove Scientific. Applicant identified northeasterly location on the property where ACI unit is expected to be positioned. Florida Forest Service (FFS) representatives discussed clearances and setbacks required for an ACI, especially the 50 ft. from vegetation, and 300 ft. from residential structures. Applicants indicated that the proposed location would meet these minimum distances. Discussion surrounded the permitting process, and those agencies involved. The hours of operation are imposed, typically through the DEP (long-term) or the FFS (less than 6 months). A ‘fire compliance permit’ is required through the County building permit process to ensure onsite operations are up to code. Local regulation and monitoring occurs with the Greater Naples Fire District. Each of these agencies may have require ments or limitations that affect the CU. Applicant explained that the materials to be incinerated are those “clean wood” yard waste materials that are already brought onto the property from off site , as allowed by the present CU. The incineration of these materials, reduced to ash, with some being mixed back into their mulch after cooling, makes for another kind of compost to offer their customers. Those present asked about emissions from the ACI, such as flame, heat, smoke, odor – and how these are monitored? Applicants explained, by design, an ACI emits only heat after a short start -up period emitting smoke. The “curtain” of air that circulates/recirculates at high operating temperatures burns too hot to emit burning debris or smoke into the air. Those present asked about the materials to be incinerated, and about how incineration would not include regular solid waste materials. Conditional Use limitations may be refined to ensure only the permitted materials are processed. POST PRE-APP COMMENTS: The $500 pre-application fee was not paid. The pre-application fee is to be paid at the time of application submittal. 11.D.10 Packet Pg. 2827 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 3 FLUM designation is RFMUD Sending Lands. Agent notified of the need to address, as applicable: • Compliance with the FLUE/FLUM (Rural Fringe Mixed Use District Sending Lands); [CU] [GMPA] • Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP consistency clause; LDC compatibility & complementary clause); [CU] • Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better Places – Community Character Plan); [CU] • Current restriction from utilizing previously cleared or disturbed areas so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses; [GMPA] and, • How the above restriction is not to be interpreted to allow for the establishment or ex pansion of facilities for landfilling, dryfilling, incinerating, or other method of onsite solid waste disposal; [GMPA] Submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation and Coastal Management Element. [CU] Prepare a separate project narrative/justification document to address all impacts to the surrounding area [one each, to accompany both GMPA & CU application materials]. Details in the GMPA narrative should include explain how the ACI operates and contrast that with open burning/incineration; Indicate the materials that will & will not be burned (trees & clean lumber/wood but not pressure treated lumber); Indicate the anticipated frequency of use ( all day or part -day, daily, twice/week, weekly, etc.); List the State requirements applicable to the proposed activity/operation, and note all that are/will be met, etc. Map suggestion: Consider depicting subject site in Section 31 on FLUE’s Future Land Use Map series’ NBM Overlay Map (or create your own inset map). Text suggestion: 8.a)(5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid 11.D.10 Packet Pg. 2828 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 4 impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, except for an air curtain incinerator (ACI), or other method of onsite solid waste disposal. For the purposes of this subsection, the air curtain incinerator (ACI) allowed by this exception shall mean an ACI located within the (provide specific description of area less than / equal to 10 acres in size) of the above described property, comprising approximately (give specific number) acres, as depicted on the NBM Overlay Map (or, identify your inset map) of the FLUM series. (provide a definition of ACI). * The above suggestions are only suggestions; the applicant may have another map/text combination that better serves their purposes. [[[Post Pre-App Comments from Companion CU Modification included for informational purposes: Pre-App PL20190000948 - Yahl Mulching & Recycling, Inc (CU) – xxxxx, agent; J. Kelly, now N. Gundlach, planner. CORBY (Sue covered) Tuesday, April 30, 2019 10:30 AM-11:30 AM. Conf. Rm. C. Requested by: xxx of xxxxx Phone: xxxxx; Email: xxx Representing: xxxxx [per PAO GIS, owner: Ventura Yahl LLC] Folio #: 00341920409; Zoning: A -RFMUO Sending Lands Location: S. & E. sides of Washburn Ave., at E. terminus of White Lake Blvd., +2 mi. E. of Collier Blvd. (CR 951), in 31-49-27 Project Description: CU modification to allow addition of an air curtain incinerator (ACI) for disposal of clean wood, etc. Existing approved CU-PL2010-166. [per PAO GIS, 27.72 acres] Existing Application Name: Yahl Mulching & Recycling POST PRE-APP COMMENTS: FLUM designation is RFMUD Sending Lands. This project is going to need a small scale GMPA (will be PL20190001052) for the 3 acres where this new AIR CURTAIN INCINERATOR use will be located. The FLUE add resses the site for the current activities in Section 31, Township 49S, and Range 27E. The FLUE will need to be amended under section for RFMUD, C) Sending Lands: 8. Conditional Uses: a) (5). The text specifically does not “allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of onsite solid waste disposal.” Sue let the applicant know at the meeting and sent an email on 5-1-19 to Jeff Ekiss at Yahl Mulching & Recycling and Jim Golden at Grove S cientific & Engineering requesting they work with Corby and David to schedule a phone pre-app::: update: phone pre- app not opted; in-person GMPA pre-app being scheduled, as of May 13::: YES, COMP PLANNING CONCERNS RE: CONDITIONAL USES RESTRICTION THAT READS “…PROVIDED PREVIOUSLY CLEARED OR DISTURBED AREAS ARE UTILIZED SO AS TO AVOID IMPACTS TO NATIVE HABITATS AND TO PROTECT EXISTING 11.D.10 Packet Pg. 2829 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 5 CONSERVATION EASEMENT AREAS FROM NEW OR EXPANDING USES.” This includes all of subsection 8. Conditional Uses: b). ]]] Pre-Application Meeting Sign-In Sheet PL20190000948 11.D.10 Packet Pg. 2830 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 6 :::End of Pre-Application Meeting Sign-In Sheet from PL20190000948::: 11.D.10 Packet Pg. 2831 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 7 Staff notes: The $500 pre-application fee was not paid. The pre-application fee is to be paid at the time of application submittal. This GMPA may be a small-scale plan amendment. The amendment procedure requires an Adoption phase only per Florida Statute, while the procedure required of the companion CU modification places it in the same schedule.** For a submitted petition, after the sufficiency review process is complete [outside CityView] and the petition package is deemed sufficient, an electronic version of the entire submittal is needed, preferably in PDF format, preferably on a CD; The County has instituted an electronic (paper less) agenda process for the Board of County Commissioners’ hearings. All Neighborhood Information Meeting (NIM) activities and reviews are arranged directly with the Comprehensive Planning staff/the assigned Project Coordinator; these activities include: reviewing/approving the draft notification to surrounding property owners; reviewing/approving the draft newspaper advertisement; reviewing/approving/ coordinating proposed NIM meeting dates, times and locations; the draft NIM notification to surrounding property owners; accepting/filing applicant- prepared Affidavit of Notification (from NDN), posted Public Hearing sign photograph, and, NIM transcript/minutes/notes and clearly audible in its entirety, an audio/video recording, PLUS, BEGINNING DECEMBER 2017: 3 flash drives containing the full, clear NIM audio recording.** The GMPA fee is $500.00, $9,000.00 for a small-scale petition, which is non-refundable, plus a proportionate share of the legal advertising costs; for small-scale petitions, there are only two (2) hearings – one (1) each conducted in front of the Collier County Planning Commission (CCPC) and Board of County Commissioners (BCC); one (1), one-quarter page ad is placed in the Naples Daily News prior to CCPC hearing, and two (2) prior to BCC he aring. At present, the total cost for the 3 ads is approximately $3,700.00; The estimated legal advertising costs will be provided to each applicant and payment will be required prior to advertising for any hearings. A small-scale plan amendment may be submitted and processed at any time; are limited to parcels less than or equal to 10 acres in size; further, the map amendment cannot result in a conflict between the map and text – there can be no internal inconsistency in the GMP; All studies and analyses include the raw data used to support their conclusions, as copies from source documents, attachments or appendices thereto, to facilitate a thorough substantive review. Be sure of consistency/conformity/harmony with other Goals, Objectives, Policies (GOPs) and provisions in the Element being amended and any other Element of the GMP relevant to the petition, as well as any other applicable regulations (e.g. Coastal High Hazard Area (CHHA), specific LDC provisions); fully explain furtherance of existing GOPs relevant to the petition, and of any other plans or designations 11.D.10 Packet Pg. 2832 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 8 which are applicable or relevant to the petition (e.g. a redevelopment plan, corridor management plan, etc.)** It is important to carefully organize the amendment package; be sure all exhibits are consistently labeled, are in the proper order, and are correctly referenced on the pages of the application; For site - specific amendments, be sure all mapping clearly identifies the subject site, includes North arrow and scale, and source; A petition narrative is often helpful; For corporate ownership, it is not acceptable to only list the corporation name; In some instances, property is owned by a corporation that in turn is comprised of other corporations; It is necessary to provide a list of individuals as officers or stockholders of the corporation(s) for purposes of full disclosure; The objective of disclosure is to reveal the individuals with an interest in the property (including seeing if any staff or public officials are included).** For a submitted petition, after the sufficiency review process is complete [outside CityView] and the petition package is deemed sufficient, an electronic version of the entire submittal is needed, preferably in PDF format, preferably on a CD. The County has instituted an electronic (paperless) agenda process for the Board of County Commissioners’ hearings. Note: ** denotes staff information / clarification provided post-pre-application conference. The expectation of staff support for these applications or recommendations for approval are not implied or expressed by comments made during this conference. Disclaimer: Information provided by staff to applicant s during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant’s responsibility to provide all required data. Notes from this mtg. will be/have been scanned & will be/are folde red in: G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2019 Cycles & Smalls\pre-app meetings in 2019\5-21-19 Yahl Mulching SSGMPA. These notes will also be/have also been uploaded into CityView and will be/are visible there. 11.D.10 Packet Pg. 2833 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 9 Pre-Application Meeting Sign-In Sheet PL20190001052 11.D.10 Packet Pg. 2834 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Updated 5/22 /201 9 Page | 10 \\bcc.colliergov.net\data\GMD-LDS\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\pre- app meetings in 2019\5-21-19 Yahl Mulching SSGMPA\Pre-App Yahl Mulching GMPA of 21 May.docx 11.D.10 Packet Pg. 2835 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Section 2 11.D.10 Packet Pg. 2836 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) LETTER QF AUTHORIZATION TO WHOM IT MAY CONCERN ا hereby authorize jme|)lden<;G.,^rove Sc!ent!f!c &Eng!neering Co. (Name of Agent) to serve as my Agent in a request to amend ttie Co!!ier County Growth Management ρ!αη affecting property identified ¡n this App!îcat؛on. Signed: -Yentura Yah!, LLC, - (Name of Owner(s) of Record) Date: ا hereby certify that I have the authority to make the foregoing appücation, and that the appücation is true, correct and comp!ete to the best of my ى»- Name - Typed or Printed STATE OF ( COUNTY OF ( ) )ailSworn to and subscribed before me this day of .,19. By:MY COMMfSS!ON EXPIRES: Notary Public CHOOSE ONE OF THE FOLLOWING: who is personally known to me, who has produced -as identification and did take an Oath did not take and Oath NOTICE-BE AWARE THAT: Florida Statute Section 837.0، - False Official law states that: “Whoever knowingly makes a false statement in writing with ttie Intent to mislead a public servant In the performance of tils official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fi ne to a maximum of %500.00 and/or makmum of a sixty day jail term.” 11.D.10 Packet Pg. 2837 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Cặr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 []PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets If necessa^^. If the property ¡S 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: a. Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership b. Ventura Yahl, Lie 10٥ If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address of Ownership Created 9/28/2017 Page 1 of 3 11.D.10 Packet Pg. 2838 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) COLLIERCOUNTYGOVERNMENT GROWTHMANAGEMENTDEPARTMENT 2800NORTHHORSESHOEDRIVE NAPLES,FLORIDA34104 (239)252-2400FAX:(239)252-6358WWW.collierRov･net ．IfthepropertyisinthenameofaGEMERALo generaland/orlimitedpartners: listthenameoftherLIMITEDPARTNERSHIP, NameandAddress %ofOwnership ifthereisaCONIRACTFORPURCHASE,withanindividualorindividuaIs,aCorporation,e、 Trustee,oraPartnership,listthenamesofthecontractpurchasersbelowjincludingthe officers,stockholders,beneficiaries,orpartners: NameandAddress %ofOwnership DateofContract: f.|fanycontingencyclauseorcontracttermsinvoIveadditionalparties,Iistall individualsor officerS,ifacorporation,partnership,ortrust: NameandAddress Datesubjectpropertyacquired □Leased:Termoflease_ 9． years/months lf)Petitionerhasoptiontobuy,indicatethefollowing: Created9/28/2017 Page2of3 11.D.10 Packet Pg. 2839 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) sêrcoï^ CoLLIER COUNTY GOVERNMENT GRO١٨^H MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DR!VE NAPLES, FLOR.DA 34104 (239) 252-2400 FAX: (239) 252-6358 Date of option: - Date option terminates:. Anticipated closing date: or [لAFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change In ownership whether individually or with a Trustee, Company or other interest-holdin g party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant 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 necessary submittal information may result in the delay of processing this petition. Ihe completed application, all required submittal materials, and fees shall be submitted to: Growrth Management Department ΑΠΝ: Business Center 2800 North Horseshoe Drive Naples, FL 34104 - لaاme N. Calaf Agent/owner Name (please print) Created 9/28/2017 Page 3 of 3 11.D.10 Packet Pg. 2840 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2841 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2842 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) LEGAL DESCRIPTION FOR YAHL MULCHING & RECYCLING SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA A parcel of land lying in Section 31, Township 49 South, Range 27 East, Collier County, Florida, being more particularly described as follows: Commencing at the Northwest Corner of the Southwest Quarter of the Southwest Quarter of Section 31, Township 49 South, Range 27 East; thence, along the North Line of the Southwest Quarter of the Southwest Quarter of said Section 31, S89º59’49”E, a distance of 343.00 Feet to the point beginning of the parcel of land herein described; thence, continuing along the North line of the Southwest Quarter of the Southwest Quarter of said Section 31, South 89º59’49”E, a distance of 1029.30 feet; thence South 02º04’30”E, a distance of 658.93 feet; thence North 89º58’14”W, a distance of 342.85 feet; thence South 02º05’32”E, a distance of 558.99 feet; thence North 89º57’41”W, a distance of 1029.48 feet; thence North 02º07’49”W, a distance of 558.60 feet; thence South 89º58’27”E, a distance of 343.20 feet; thence North 02º03’36”W, a distance of 658.67 feet to the point of beginning. Containing 1,252,915 square feet or 28.763 acres, more or less. 11.D.10 Packet Pg. 2843 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2844 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 1 Date: 8/8/2019 Narrative Statement for Yahl Mulching & Recycling GMP Amendment The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Figure 1, General Location Map). The subject property is zoned "A", Rural Agricultural District and is vacant (See Figure 2, Aerial Map). The adjacent properties include agricultural land uses to the north and east, Collier County right-of-way to the south, and Collier County Landfill Facility, and a pavers company to the west, (See Figures 3 and 4, Existing Land Use and Zoning). The property is in the Agricultural/Rural Designation; Rural Fringe Mixed Use District (RFMUD); North Belle Meade Overlay (NBMO); Non- Natural Resource Protection Area (Non-NRPA). Sending Lands of the Collier County Growth Management Plan (GMP) Future Land Use Map (FLUM) (See Figure 5, Future Land Use Map). Additional Figures attached include a Soils Map, FLUCCS Map, and FEMA Flood Prone Area Map. Proposed Growth Management Plan Amendment The proposed small scale Growth Management Plan Amendment provides for the modification of the FLUE to remove prohibition of “incinerating” from FLUE, RFMUD subsection, C) Sending Lands: 8. Conditional Uses: a) (5); and, if necessary: the Conditional Uses restriction that reads “…provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses” from the same subsection. This may include, as necessary: all of subsection 8. Conditional Uses: a)(5)“Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of onsite solid waste disposal.” The proposed text changes to this FLUE code are presented in the GMPA application form. Specifically, the proposed amendment would allow the use of an air curtain incinerator (ACI) for volume reduction of yard waste, or clean wood, that is already approved to be brought to the site. The ACI is a safe and efficient method to burn wood debris. The ACI emits only heat, after a brief start-up period emitting smoke. The definition offered for an ACI: “Air curtain incinerator means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit, or above ground metal container with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit/container and a recirculating motion of air under the curtain.” The curtain of air prevents the release of smoke, that would otherwise come from an open burning of wood. Section 4 presents a manufactures’ cut sheet of the ACI unit proposed to be used by the facility. Compliance With FLUE Sections The FLUM designation of the subject site is RFMUD Sending Lands. 1. Compliance with the FLUE/FLUM (Rural Fringe Mixed Use District Sending Lands): the proposed GMPA will be in compliance with this land use designation, as it does not change the existing approved uses. 2. Current restriction from utilizing previously cleared or disturbed areas so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses: This GMPA will comply with this restriction. 3. How the above restriction is not to be interpreted to allow for the establishment or expansion of 11.D.10 Packet Pg. 2845 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 2 Date: 8/8/2019 facilities for landfilling, dryfilling, incinerating, or other method of onsite solid waste disposal: the proposed GMPA will be specific to an approved resource recovery facility, and only for the operation of an ACI on 3 acres of the facility. Therefore, this GMPA should not be interpreted as establishing or expanding “incinerating”. ACI Permits and Operation The proposed location of the ACI is depicted on the attached Development Plan, Sheet1, in the existing Horticultural Recycling Area, northeastern corner of the site. This location allows for the required Florida Forest Service (FFS) clearances and setbacks for an ACI, such as 50 feet from vegetation, and 300 feet from residential structures. These setbacks are depicted on Sheet 1. The proposed ACI operation will comply with the required FDEP Air permit, under Rule 62-212, and yard trash processing under Rule 62-709, a typical Air construction permit for an ACI in attached in Section 4. The subject ACI would be required to meet these permit conditions prior to operations. The facility will also comply with the Greater Naples Fire District and FFS ACI operational approvals. The hours of operation for the facility are 6:30 am to 5:00 pm Monday through Saturday. The ACI operation cannot begin before sunrise and must stop before sunset. An Operations Plan for the ACI and yard trash facility is included in Section 4. This is in contrast to open burning of wood, that creates significant smoke, odor, and air pollution. NBM Overlay Map To allow the requested GMPA, and FLUE map revision, a proposed NBM Overlay Map is attached in Section 3. This map can be used to modify the FLUE’s Future Land Use Map series. Compatibility with Surrounding Land Uses The subject property has direct access to Washburn Avenue and White Lake Boulevard. The adjacent properties consist of Agricultural land uses and single family homes on large parcels. The proposed ACI use on the subject property will be compatible with the existing Collier County Landfill operations located west of the subject property. The existing recycling operation provides adequate buffering provisions as set forth in the County's Land Development Code. and as may be necessary, buffer areas may be increased to enhance compatibility as a result of the site planning. Further, separation distances from surrounding properties, and the proposed location of the ACI within the 28.7 +/- acre subject property, ameliorate potential air quality, and noise impacts from facility operations to neighboring properties. The current recycling facility has maintained positive relations with neighboring property owners and no complaints in regards to operations onsite, noise, etc. have been received. Preservation and open space areas will also act as a buffer between residential uses on surrounding lands adjacent to, or neighboring, the subject property. The existing conservation area on the site is 16 +/- acres. Traffic and Public Facilities With respect to Traffic and Public facilities, Section 5 provides the reports that supported the existing Conditional Use. With respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, Community and Regional Parks and Arteria-l & Collector Roads within the vicinity of the project, the proposed Amendment will not result in any of these facilities falling below the adopted level of service established by and in accordance with the Collier County Growth Management Plan and Section 6.02.01 of the LDC. 11.D.10 Packet Pg. 2846 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 3 Date: 8/8/2019 The Collier County Sheriffs Department will provide police protection/law enforcement services. There is a Sheriff's substation located on Golden Gate Parkway, which is a shared facility housing Collier County EMS. As well, the Golden Gate Fire Department is located on Golden Gate Parkway and will service the area. Environmental, Historical & Archeological Considerations A Preliminary Environmental Assessment on the subject property has been conducted (See Section 5). A FLUCCS Map is presented as Figure 7, Section 3. No listed species were observed on site. There is presence of jurisdictional wetlands on the subject property which are under a conservation easement, and have been defined and permitted with South Florida Water Management District (SFWMD) Permit No. 11-02649-P dated March 15, 2007. A Conservation Easement has been applied to all existing wetlands on the site, see Site Plan, Section 3, Sheet 1. This project will not affect those easements. The Department of Environmental Protection has regulations requiring C&D recycling facility operators to obtain a specific permit, which provides groundwater monitoring, and financial assurance and to maintain a program of operator training. The groundwater monitoring required will ensure that the existing environmental conditions are maintained. A letter has been received from the State of Florida Division of Historic Resources with regard to historic, archaeological, or cultural resources that may be present on the site and is provided that no historical and/or archaeological sites will be impacted by development proposed on this site. Closing Approval of this proposed GMPA will provide for the improvement of the existing yard waste recycling operations on lands adjacent to existing landfill operation for Collier County. The use is comparable and compatible with surrounding land uses and should not result in any degradation of environmental value. The property is proximate to more than adequate existing or planned public facilities. in; 11.D.10 Packet Pg. 2847 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Figures 11.D.10 Packet Pg. 2848 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2849 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2850 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2851 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2852 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2853 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2854 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2855 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2856 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2857Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2858Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Air Burners, Inc. S-327 Air Curtain Burner with Perkins 1104D.44T or Kubota V3600-TE Engine OPERATING MANUAL Page ii S-327 Front Deck (2017 Model) S-327 (2015/16 Model) 11.D.10 Packet Pg. 2859 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Air Burners, Inc. S-327 Air Curtain Burner with Perkins 1104D.44T or Kubota V3600-TE Engine OPERATING MANUAL Page 1 of 27 (Vers.08.03.17) PRINCIPLE OF AIR CURTAIN INCINERATION OPERATION Air curtain incinerators are designed primarily as a pollution control device. Using a Diesel engine driven fan, these machines generate a curtain of air with a very particu- lar mass flow and velocity. This curtain of air acts as a trap over the top of an earthen trench or thermo ceramic lined firebox. The wood debris is dumped into the trench or firebox and then ignited (usually with a propane torch or with a small amount of Diesel) just as you would light any other pile of wood you intended to burn. Once the fire has gained strength the air curtain is turned on. The air curtain traps most of the smoke particles and causes them to re-burn under the air curtain where the temperatures ex- ceed 1,800º F. These machines do not inject any fuels into the fire, the fire is sustained only by adding more wood waste. The air from the air curtain is not heated. The only fuel used in the continuous operation is that of the Diesel engine driven fan. 11.D.10 Packet Pg. 2860 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Startup, Shutdown and Operating Plan for Yard Trash Processing Facility and Air Curtain Incinerator Prepared for Yahl Mulching and Recycling, Inc. 2250 Washburn Avenue Naples, FL 34117 Prepared by Grove Scientific & Engineering Company 6140 Edgewater Drive, Suite F Orlando, Florida 32810 (407) 298-2282 August 2019 www.grovescientific.com 11.D.10 Packet Pg. 2861 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 1 Table of Contents SECTION 1 INTRODUCTION ..................................................................... 3 1.0 Background ..................................................................................... 3 1.1 Current Activities ............................................................................. 3 1.3 Emergency Contacts ....................................................................... 4 SECTION 2 FACILITY MANAGEMENT ...................................................... 4 2.1 Access and Site Control .................................................................. 4 2.2 Operating Hours .............................................................................. 4 2.3 Equipment Available ........................................................................ 5 2.4 Available Staff .................................................................................. 5 2.5 Maximum Storage Volume of Land Clearing Debris ........................ 5 2.6 Inspection and Site Operating Procedures ....................................... 6 2.7 Ash Disposal Procedures................................................................. 7 2.8 Permit Requirements ....................................................................... 8 SECTION 3 FIRE PREVENTION AND CONTROL ................................... 11 3.1 Fire Prevention .............................................................................. 11 3.2 Fire Control Equipment .................................................................. 12 3.4 Fire Training .................................................................................. 13 3.5 Reporting Requirements ................................................................ 14 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY ................................................................................................................. 15 4.1 Registration ................................................................................... 15 4.2 FDEP Rule 62-709.320 F.A.C. ....................................................... 15 11.D.10 Packet Pg. 2862 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 2 SECTION 5 CLOSURE PLAN .................................................................. 19 5.1 Site Closure with The ACI In Operation ......................................... 19 5.2 Site Closure with the ACI not In Operation ..................................... 20 FIGURES: Site Plan- Figure 1 ATTACHMENTS: -Attachment 1- Air Permit (Example) Attachment 2- Florida Forest Service -ACI Regulations Attachment 3-Annual Yard Trash Registration Renewal Form 11.D.10 Packet Pg. 2863 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 3 SECTION 1 INTRODUCTION 1.0 Background Yahl Mulching and Recycling, Inc. owns and operates a yard trash and construction and demolition debris recycling operation on 28 acres. This operations plan focuses on the air curtain incinerator (ACI) at the subject facility used for the disposal and volume reduction of yard trash and land clearing vegetation. This plan will outline the proper operation of the ACI and yard trash processing facility in accordance with Collier County and permits issued by the Florida Department of Environmental Protection (FDEP) to operate the ACI pursuant to Rule 62-296, FAC, and other applicable rules. “Yard trash” is defined as vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood. 1.1 Current Activities The facility houses a yard trash and land clearing debris transfer and volume reduction operation using a proposed ACI and wood chipper. The operating conditions required by the yard trash recycling regulations are included in Section 4 of this plan. The operator will follow the conditions set forth in these permits and these conditions become part of the operating procedures of this plan. 11.D.10 Packet Pg. 2864 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 4 1.3 Emergency Contacts In case of emergency during off-hours, the following contacts should be followed in the order listed below: 1. Jeff Ekiss Cell (239) 471-9803 SECTION 2 FACILITY MANAGEMENT 2.1 Access and Site Control The entrance is located on 2250 Washburn Avenue and is secured by a locked gate, see attached Site Plan. This is the only entrance and exit for the property and the perimeter security fence. During operating hours, trucks delivering debris are directed by the site operator to the staging piles (See inspection procedures below). During non-operating hours, the gate is locked. 2.2 Operating Hours The site accepts debris from 6:30 a.m. – 5:00 p.m., weather permitting, Monday thru Saturday. Operational hours may be extended for a storm event. If the site is accepting waste, the site access is controlled as stated above. The ACI operation hours may vary from 7:00 am to 7:00 pm. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning 11.D.10 Packet Pg. 2865 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 5 and ending times of charging 2.3 Equipment Available The site currently has available; o An excavator o A front-end loader equipped with rakes and buckets o A 500 Gallon water truck. This equipment is used to manage the debris, load the ACI and remove the ash from the ACI. 2.4 Available Staff The site is operated using between 2 and 5 employees based on daily demands. 2.5 Maximum Storage Volume of Land Clearing Debris The site will store up to 150 loads of vegetative debris at 40 cubic yards per load or approximately 6000 cubic yards. The following materials are not included in this volume: • soil • concrete • aggregate • anything non-vegetative Yard trash received at the facility shall be transferred, size-reduced or incinerated within 12 months, or removed as a recycled product. 11.D.10 Packet Pg. 2866 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 6 2.6 Inspection and Site Operating Procedures 1. When a load of debris arrives at the facility, the site operator will direct the driver where to dump the load. 2. Once the load is dumped, it is manually and visually checked for unsuitable materials. Unsuitable materials include: treated wood, painted wood, paper, trash, tires, garbage, plastics, liquid waste, biomedical waste, hazardous waste, metal and other similar non- yard trash materials. Unsuitable materials are separated from the debris and immediately stored in a container for removal from the site for proper disposal or recycling. 3. The sorted debris is then stored in drying piles until sufficiently dry to load into the ACI. 4. Soil from the debris piles is separated into piles for future use on or off the site. 5. ACI operators will be trained on the proper operation of the ACI and on the air permit requirements. 6. For the first load of the day, the ACI operator will note the wind speed and direction as well as review the daily weather forecast. If the forecasted conditions are not favorable (high wind or rainstorms), the operator will not load the ACI. 7. If forecasted conditions are favorable, the ACI operator will pre-load the ACI with approximately 5 tons of clean dry debris. Favorable conditions mean the wind is less than 15 mph. Unfavorable conditions are wind over 15 mph. 11.D.10 Packet Pg. 2867 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 7 8. The ACI operator will start the diesel engine before lighting the fire to assure it will operate. Let the engine idle and warm-up while proceeding with the startup. 9. The ACI operator will use only clean fuel oil (No. 1 or 2) or hot coals from a previous burn to start the fire in the ACI. 10. Once the fire ignites, the ACI operator will increase the engine speed and engage the fan. 11. Dry vegetative debris is loaded into the ACI at a rate not to exceed 11 tons/hr. 12. The ACI operator will maintain a log of the start time of the ACI, each load and estimated weight loaded into the ACI, and the time the last load went into the ACI. The operator will also document approximate wind speed and direction at the start of the day and at the last load of the day. The operator will note in the daily log if the ACI was stopped because of a shift in wind speed and or direction. 13. This log will be maintained at the office and records tabulated on a monthly basis. 2.7 Ash Disposal Procedures 1. Ash will be removed only after it has cooled completely. DO NOT REMOVE HOT EMBERS AS THIS CAN START A FIRE! 2. Place the cool ashes on the soil piles and mix thoroughly with soil to prevent the ash from blowing around the site. 3. Ash is used as a soil amendment and sold as top soil. 11.D.10 Packet Pg. 2868 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 8 2.8 Permit Requirements The air permit has specific conditions that we must meet as part of our operation of the ACI. Each of these specific conditions must be followed to remain in compliance. The air permit is included in Attachment 1. Some of these operating conditions are summarized below: • The only materials that shall be burned in the air curtain incinerator are 100 percent wood waste, 100 percent clean lumber, and 100 percent mixture of only wood waste, clean lumber, and/or yard waste. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. • In no case, shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging. 11.D.10 Packet Pg. 2869 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 9 • The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator. • The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. • The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain. • Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. • An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. • Visible Emissions Standard: The emission limitations for this emission unit are as follows: Outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, six (6) minute average. During startup periods, which shall not exceed the first thirty (30) minutes of operation, an opacity of up to thirty-five percent (35%), averaged over a six (6) minute period, shall be allowed 2.9 CCA-Treated Wood Segregation The Yahl Mulching and Recycling yard trash facility will recycle or process 11.D.10 Packet Pg. 2870 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 10 only clean, untreated wood. Painted, treated (preserved), or contaminated wood will not be recycled. Chromated copper arsenate (CCA) pressure treated wood will not be accepted for recycling. CCA-treated wood is defined in DEP Rule 62-701.200(11) as lumber, timber, or plywood treated with chromated copper arsenate. The term does not include utility poles unless they have been ground, chipped, or shredded. The criteria below will be used to identify CCA-treated wood so that it may be separated from other C&D wastes. The spotters will make reasonable efforts to separate the following common CCA-treated wood products from the waste stream: • all C&D wastes that are wood fencing, decking, or pressure treated lumber (such as 4"x4" posts); • wood with a greenish color; and • other known outdoor use wood products. The facility gate attendee will reject known segregated loads of CCA- treated wood wastes. Spotters or operators that identify any CCA-treated wood by the methods above, will remove the wood from the processing area and place it into a reject waste container for proper disposal in a lined landfill. 11.D.10 Packet Pg. 2871 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11 SECTION 3 FIRE PREVENTION AND CONTROL 3.1 Fire Prevention As stated in the previous section, when cleaning ash out of the ACI, make sure the ash is cool and has no hot embers that can cause a fire on the site. The site operator should control activities that can cause fire such as, but not limited to, the following: • smoking by the debris piles and disposal of tobacco products • welding, cutting or brazing activities near debris piles, such as equipment repair • use of electrical cords or equipment near debris piles • composting of vegetative matter that can spontaneously combust when piles are disturbed • parking vehicles with hot exhaust pipes on dry vegetation The site operator must be observant of dry conditions that have the potential to cause a spontaneous combustion threat for the debris piles. This includes hot and dry weather conditions and alerts issued by the fire department of forest service, piles of vegetation that are composting due to their age and composition. In the case of old vegetation that has the potential to spontaneously combust, these piles should be burned as a priority in the ACI. 11.D.10 Packet Pg. 2872 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 12 Operator shall also obtain required approvals from the Greater Naples Fire District, and follow the ACI regulations in the 2014 Florida’s Forest fire Laws and Open Burning Regulations, Florida Forest Service, see Attachment 2. 3.2 Yard Trash Fire Controls The site has the following features to help contain any fires that occur so that they may dealt with quickly and safely. • An all-weather access road at least 20-feet wide is maintained around the perimeter of the yard trash processing facility. • Interior lanes between wood storage piles of at least 20-feet wide will be maintained, see Site Plan. • All parts of the wood material storage areas will be within 50 feet of access by motorized fire fighting equipment. • Yard trash, and processed wood piles will be no higher than 25 feet. 3.2 Fire Control Equipment The following equipment is available on site to fight fires: 1. A 500 Gallon water truck 2. Fire extinguishers 3. A front-end loader equipped with rakes and buckets, 4. Soil piles. 5. 16 -inch diameter water supply well, 6. 2-inch diameter water supply stand pipes close to yard trash piles 11.D.10 Packet Pg. 2873 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 13 and ACI, see Site Plan. In the event of a fire starting out side of the ACI, the operator should first use a fire-extinguisher to suppress the fire. The operator should communicate the emergency to other site personnel to mobilize the water truck. The water truck should be used to completely extinguish the fire. Soil suppression may also be used. If the fire is not controlled or threatens to spread, immediately call the Collier County Fire Department by: DIAL 911 Site operators should only fight fires that are within their ability. Call 911 first, then fight the fire if it is within your ability. Warning!!! Do not put yourself in danger fighting the fire. Wait for the Fire Department to respond. 3.4 Fire Training The site operators will conduct in-house fire training periodically. The training will include; 1. where the equipment is located, 2. how it works, and 3. what to do in case of a fire. 11.D.10 Packet Pg. 2874 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 14 4. During this training the equipment will be inspected for operating condition and repaired as needed. Fire training will include a site visit by the local fire department to brief the operators on how to respond to small fires to prevent them from spreading. Large fires caused by lightening, spontaneous combustion or other reasons out of the control of the operator will be handled by the professional fire- fighters. 3.5 Reporting Requirements In case of a fire or other malfunction of the ACI that causes the site to not comply with either the air permit or yard trash registration, you must contact the Florida Department of Environmental Protection (FDEP) at 239-344- 5600. You must also follow up with a malfunction report to include the following information; a. description of and cause of non-compliance; b. the period of non-compliance, including the anticipated time the non- compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. This report should be addressed to; FDEP South District Compliance Section 2295 Victoria Ave. Ft. Myers, Florida 33901 11.D.10 Packet Pg. 2875 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 15 SECTION 4 REGISTRATION AS A YARD TRASH RECYCLING FACILITY 4.1 Registration The facility shall be registered as a “Yard Trash Recycling Facility” with the FDEP. As a result of this registration, there are specific facility, operational and record keeping requirements in Rule Chapter 62-709.320 F.A.C. These requirements are summarized below in Section 4.2 and are enforceable permit conditions. 4.2 FDEP Rule 62-709.320 F.A.C. (2) Design and operating requirements. (a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include: 1. An effective barrier to prevent unauthorized entry and dumping into the facility site; (The site is fenced and gated and locked after hours with a tennant living on site.) 2. Dust and litter control methods; (A water truck is used to wet down the haul road and yard to control dust. Litter is collected by hand as needed.) 11.D.10 Packet Pg. 2876 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 16 3. Fire protection and control provisions to deal with accidental burning of solid waste, including: a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site; (A 20 foot wide all weather access road will be provided.) b. None of the processed or unprocessed material shall be mechanically compacted; and (The facility does not use a compactor.) c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment. (The aisels between the yard trash and wood piles will be designed and constructed to comply with this requriement.) d. The facility shall be operated in a manner to control vectors. (The facility does not collect garbage so vectors have never been a problem.) e. The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. (This is accomplished by only burning wood during favorable weather conditions, no composting.) f. Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded. (Ditches will be maintained to keep water flowing.) 11.D.10 Packet Pg. 2877 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 17 g. Solid waste received at a registered facility must be processed timely as follows: 1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials on site. (The facility will maintain the processing, transfer or ACI burn schedule to keep wood waste volumes to less than 12,000 cubic yards.) 2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt. (The facility does not accept any of these materials.) h. If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater. (The facility only accepts yard trash and land clearing material from a limited custormer base. If unacceptable wastes are discovered in a load, the waste will be 11.D.10 Packet Pg. 2878 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 18 contanerized and removed from the site for proper disposal.) i. When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. (The facility will follow this closure plan , but has no intensions of closing in the foreseeable future. See Section 5.) (3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule. (c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1, see Attachment 3. (d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year. 11.D.10 Packet Pg. 2879 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 19 (4) Record keeping and reporting. (a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), see Attachment 3. The form can all be obtained from the Department web page at: http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials. SECTION 5 CLOSURE PLAN 5.1 Site Closure with The ACI In Operation In the event the facility needs to shut down the land clearing debris operations the following procedure will be followed: 1. Immediately stop excepting land clearing debris. No more loads will be brought onto the site. Continue transfer, processing or using the 11.D.10 Packet Pg. 2880 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 20 ACI to burn the stock-piled debris. It is estimated that it would take 4-6 months to burn 6000 cubic yards of vegetation. 5.2 Site Closure with the ACI not In Operation In the event that the site must be closed without the use of the ACI, the owners have trucking contractors that can haul the debris to the County landfill. On-site equipment will be used to load the trucks. 11.D.10 Packet Pg. 2881 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 21 FIGURES 11.D.10 Packet Pg. 2882 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2883Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 22 ATTACHMENT 1 AIR PERMIT 11.D.10 Packet Pg. 2884 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) www.dep.state.fl.us Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary PERMITTEE NSB Recycling, LLC 2932 West Park Avenue Edgewater, Florida 32132 Authorized Representative: Paul Ames, President Air Permit No. 1270223-001-AC Permit Effective: 02/21/2018 Permit Expires: 04/01/2020 Minor Air Construction Permit Edgewater Facility Initial Construction Permit PROJECT This is an initial air construction permit, which authorizes the construction and installation of an air curtain incinerator, a wood tub grinder, a wood mulch screener, and three non-emergency engines. The proposed work will be conducted at the new Edgewater facility, which is a wood recycling plant categorized under Standard Industrial Classification No. 0851. The new facility will be located in Volusia County at 2932 West Park Avenue in Edgewater, Florida. The UTM coordinates are Zone 17, 506.07 km East and 3205.73 km North. This final permit is organized into the following sections: Section 1 (General Information); Section 2 (Administrative Requirements); Section 3 (Emissions Unit Specific Conditions); and Section 4 (Appendices). Because of the technical nature of the project, the permit contains numerous acronyms and abbreviations, which are defined in Appendix A of Section 4 of this permit. STATEMENT OF BASIS This air pollution construction permit is issued under the provisions of: Chapter 403 of the Florida Statutes (F.S.) and Chapters 62-4, 62-204, 62-210, 62-212, 62-296 and 62-297 of the Florida Administrative Code (F.A.C.). The permittee is authorized to conduct the proposed work in accordance with the conditions of this permit. This project is subject to the general preconstruction review requirements in Rule 62-212.300, F.A.C. and is not subject to the preconstruction review requirements for major stationary sources in Rule 62-212.400, F.A.C. for the Prevention of Significant Deterioration (PSD) of Air Quality. Upon issuance of this final permit, any party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department of Environmental Protection in the Office of General Counsel (Mail Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida, 32399-3000) and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice must be filed within 30 days after this order is filed with the clerk of the Department. 11.D.10 Packet Pg. 2885 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) DRAFT PERMIT NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 2 of 13 EXECUTION AND CLERKING Executed in Orlando, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Signature) (DRAFT) _________________________ DATE 2018 Kimberly Rush, P.E. Permitting and Waste Cleanup Program Administrator CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Paul Ames, NSB Recycling, LLC, sitecontractor1@yahoo.com Bruno Ferraro, Grove Scientific & Engineering Company, bruno@grovescientific.com Glen Semanisin, Grove Scientific & Engineering Company, glenn@grovescientific.com FDEP Central District: Kimberly Rush, Wanda Parker-Garvin, Morgan Hampton, Sirena Davila FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (Signature) DATE, 2018 (Clerk) (Date) 11.D.10 Packet Pg. 2886 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 1. GENERAL INFORMATION (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 3 of 13 PROPOSED PROJECT NSB Recycling, LLC proposes to construct and operate a wood recycling facility. This project will add the following emissions units. Facility ID No. 1270223 ID No. Emission Unit Description EU 001 Air Curtain Incinerator EU 002 Wood Tub Grinder EU 003 Screening Operations EU 004 Three Non-Emergency Stationary Compression Ignition (CI) Reciprocating Internal Combustion Engines (RICE) subject to NSPS Subpart IIII FACILITY REGULATORY CLASSIFICATION • The facility is not a major source of hazardous air pollutants (HAP). • The facility does not operate units subject to the acid rain provisions of the Clean Air Act (CAA). • The facility is not a Title V major source of air pollution in accordance with Chapter 62-213, F.A.C. • The facility is not a major stationary source in accordance with Rule 62-212.400(PSD), F.A.C. • This facility is a synthetic minor source of air pollution for nitrogen oxides (NOx). PERMIT HISTORY/AFFECTED PERMITS This is the initial Construction Permit for this facility. 11.D.10 Packet Pg. 2887 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 4 of 13 1. Permitting Authority: The permitting authority for this project is the Florida Department of Environmental Protection, Central District Waste Cleanup and Permitting Programs. The Central District’s mailing address and phone number is: Florida Department of Environmental Protection Central District Office 3319 Maguire Boulevard, Suite. 232 Orlando, FL 32803-3767 Telephone: 407-897-4100 Except as otherwise specified in this permit, the required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Department in a digital format via electronic mail, CD or DVD, or through file transfer site, when practicable. The electronic mail address is DEP_CD@dep.state.fl.us. All submittals shall clearly identify the Air Permit No. 1270223-001-AC. 2. Compliance Authority: All documents related to compliance activities such as reports, tests, and notifications shall be submitted to the Central District’s Compliance Assurance Program. (Use the above mailing or e-mail address). 3. Appendices: The following Appendices are attached as a part of this permit: Appendix A (Citation Formats and Glossary of Common Terms); Appendix B (General Conditions); Appendix C (Common Conditions); and Appendix D (Common Testing Requirements); Appendix NSPS, Subpart A – General Provisions; Appendix NSPS Subpart CCCC- Standards of Performance for commercial and Industrial Solid Waste Incineration Units; Appendix NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines. 4. Applicable Regulations, Forms and Application Procedures: Unless otherwise specified in this permit, the construction and operation of the subject emissions units shall be in accordance with the capacities and specifications stated in the application. The facility is subject to all applicable provisions of: Chapter 403, F.S.; and Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-296 and 62-297, F.A.C. Issuance of this permit does not relieve the permittee from compliance with any applicable federal, state, or local permitting or regulations. 5. New or Additional Conditions: For good cause shown and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions, and on application of the permittee, the Department may grant additional time. [Rule 62-4.080, F.A.C.] 6. Modifications: The permittee shall notify the Compliance Authority upon commencement of construction. No new emissions unit shall be constructed and no existing emissions unit shall be modified without obtaining an air construction permit from the Department. Such permit shall be obtained prior to beginning construction or modification. [Rules 62-210.300(1) and 62-212.300(1)(a), F.A.C.] 7. Construction and Expiration: The expiration date shown on the first page of this permit provides time to complete the physical construction activities authorized by this permit, complete any necessary compliance testing, and obtain an operation permit. Notwithstanding this expiration date, all specific emissions limitations and operating requirements established by this permit shall remain in effect until the facility or emissions unit is permanently shut down. For good cause, the permittee may request that that a permit be extended. Pursuant to Rule 62-4.080(3), F.A.C., such a request shall be submitted to the Permitting Authority in writing before the permit expires. [Rules 62-4.070(4), 62-4.080 & 62-210.300(1), F.A.C.] 8. Application for Non-Title V Air Operation Permit: This permit authorizes construction of the permitted emissions units and initial operation to determine compliance with Department rules. A Non-Title V air operation permit is required for regular operation of the permitted emissions unit. The permittee shall apply for a Title V air operation permit at least 90 days prior to expiration of this permit, but no later than 180 days 11.D.10 Packet Pg. 2888 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 2. ADMINISTRATIVE REQUIREMENTS (DRAFT) NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 5 of 13 after commencing operation. To apply for a Non-Title V air operation permit, the applicant shall submit the following: a. the appropriate permit application form (see current version of Rule 62-210.900, F.A.C. (Forms and Instructions), and/or FDEP Division of Air Resource Management website at: http://www.dep.state.fl.us/air/ ); b. the appropriate operation permit application fee from Rule 62-4.050(4)(a), F.A.C.; c. copies of the most recent compliance test reports required by Specific Condition No. xx, if not previously submitted; (if applicable) d. copies of the most recent two months of records/logs specified in Specific Condition No. A.11, B.5 and C.14. [Rules 62-4.030, 62-4.050, 62-4.070(3), 62-4.090, 62-4.220, 62-210.300(2), and 62-210.900, F.A.C.; Chapter 62-213, F.A.C.] 9. NOx Emission Limitation – The maximum facility-wide NOx emissions from this facility shall not exceed 90 tons per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] {Permitting Note: Compliance with this limitation will be based on the limitation of hours of operation for the Air Curtain Incinerator and its engine, as well as recordkeeping. Refer to Specific Conditions A.2 and C.2.} 11.D.10 Packet Pg. 2889 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 6 of 13 This section of the permit addresses the following emissions unit. EU No. Emission Unit Description 001 Air Curtain Incinerator: The proposed ACI is an Air Burners Model S-327 rated at 6-10 tons per hour of wood waste or equivalent. The skid-mounted fire box dimensions are 27’ x 8’ x 8’. The blower fan is powered by an 85 hp, 4-cynlinder diesel motor that is certified US EPA Tier 3 compliant (contained in Emission Unit 004). Only clean wood waste and clean lumber (non-painted and non-treated) will be burned in this ACI. {Permitting Note: The air curtain incinerator is subject to 40 CFR Part 60, CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is commenced on or after June 1, 2001, which is adopted and incorporated by reference at Rule 62-204.800, F.A.C} EQUIPMENT 1. Equipment Name: The permittee is authorized to install the Air Burners Model S-327 air curtain incinerator or equivalent. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, and rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation for the emission unit shall not exceed 3,000 hours per consecutive 12-month period. [Application No. 1270223-001-AC, received January 29, 2018, revised Application information received February 14, 2018, Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 3. Restricted Operation: The following operational conditions must be adhered to: 1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply. 2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve (12’) wide, between eight (8’) and fifteen (15’) feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill. 3. Except as provided herein and at subparagraph 4, the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tired, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquified petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited. 4. Notwithstanding the provisions of subparagraph 3, the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. 11.D.10 Packet Pg. 2890 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 7 of 13 5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained onsite that documents daily beginning and ending times of charging. 6. The air curtain incinerator shall be attended at all times while materials are being burned or flame are visible within the incinerator. 7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway. 8. The material shall not be loaded into the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first. 9. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request. [Rule 62-296.401(7)(b), F.A.C., 40 CFR 60.2045] EMISSIONS STANDARDS 4. Visible Emissions Standards: The emission limitations for this emission unit are as follows: outside of startup periods, visible emissions shall not exceed ten percent (10%) opacity, and during startup periods, which shall not exceed the first thirty-five percent (35%) shall be allowed. [Rule 62-296.401(7), F.A.C. and 40 CFR 60.2050] TESTING REQUIREMENTS 5. Initial Compliance Tests: The emissions unit shall be tested to demonstrate initial compliance with the visible emissions standards contained in condition A.4. The initial tests shall be conducted within 60 days after achieving permitted capacity, but not later than 180 days after initial operation of the unit. The required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that is subject to a multiple-valued opacity standard. The Method 9 opacity observance of the highest six-minute averaging time in accordance with 62-297.310(5)(b) shall be considered as meeting the compliance demonstration of 40 CFR 60.2250(a) and (b) [Rules 62-4.070(3) 62-296(7)(d)1, 62-297.310(5)(b), F.A.C. and 40 CFR 60.2050] 6. Annual Compliance Tests: During each calendar year (January 1st to December 31st), the emissions unit shall be tested to demonstrate compliance with the visible emissions standards contained in condition A.4. [Rules 62-4.070(3), 62-296(7)(d)1, 62-297.310(8)(a)1, F.A.C. and 40 CFR 60.2050] 7. Test Requirements: The permittee shall notify the Compliance Authority in writing at least 15 days prior to any required tests. Tests shall be conducted in accordance with the applicable requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(9), F.A.C.] 8. Test Methods: Required tests shall be performed in accordance with the following reference methods. Method Description of Method and Comments 9 Visual Determination of the Opacity of Emissions from Stationary Sources The above methods are described in Appendix A of 40 CFR 60 and are adopted by reference in Rule 62- 204.800, F.A.C. No other methods may be used unless prior written approval is received from the Department. [Rules 62-204.800, F.A.C.; and Appendix A of 40 CFR 60] NOTIFICATION REQUIREMENTS 9. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Air Curtain Incinerator no later than 11.D.10 Packet Pg. 2891 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) A. EU 001 – Air Curtain Incinerator NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 8 of 13 five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 10. Test Reports: The permittee shall prepare and submit reports for all required tests in accordance with the requirements specified in Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310(10), F.A.C.] 11. Monthly Recordkeeping Requirements: In order to demonstrate compliance with Specific Condition Nos. A.2. and A.3, the permittee shall maintain a log at the facility for a period of at least five (5) years from the date the data is recorded and made available to the Department upon request. The log shall contain the following: a) Facility Name, Facility ID No. (i.e. NSB Recycling, Inc., facility, Facility ID 1270223) b) Designation of the month and year of operation for which the records are being tabulated; c) Monthly and consecutive 12-month rolling total of wood waste burned (tons/consecutive 12- month period); d) Total hours of operation for the month (hours/month); e) Consecutive 12-month rolling total hours of operation (hours/consecutive 12-month period); f) Daily beginning and ending times of charging; The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven (11) months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities that have not been operation for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR Part 60.2260] 12. Additional Recordkeeping Requirements: Records specified in Specific Condition No. A.11. (previous condition) must document the method, calculations, and formulas used in determining the usage rate and the emission rate. All calculations, including those used to derive emissions, must be clearly documented, and may be presented in the form of a template of sample calculations. The records must be made available for review on site by the Department. [Rule 62-4.070(3), F.A.C.] 11.D.10 Packet Pg. 2892 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 3. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) B. EU 002 & EU 003 – Wood Tub Grinder and Screening Operations NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 9 of 13 This section of the permit addresses the following emissions units. EU No. Emission Unit Description 002 Wood Tub Grinder: The proposed equipment for the wood tub grinder is a portable Continental Biomass Industries (CBI) Model 6800 portable grinder (or equivalent) powered by a Tier 4 Caterpillar C27 diesel engine providing power (contained in Emission Unit 004). This tub grinder is rated at 150 tons per hour 003 Screening Operations: The proposed equipment for the screening operations include a portable McCloskey R105 Screener (or equivalent) equipped with a 100 hp Caterpillar Tier 3 diesel engine providing power (contained in Emission Unit 004). Ground wood is loaded into a 6-cubic meter hopper (approximately 2 tons of wood) at rate 20 tons per hour where it is screened on a shaker to separate out the fine particles. EQUIPMENT 1. Equipment Name: The permittee is authorized to install a wood tub grinder and a wood mulch screener. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rule 62-210.220(223), “Potential to Emit”, F.A.C.] PERFORMANCE RESTRICTIONS 2. Restricted Operation: The hours of operation are not limited (8,760 hours per year. [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] EMISSIONS STANDARDS 3. Visible Emissions Standards: Visible emissions from each emissions source are limited to less than 20 percent opacity. [Rule 62-296.320(4)(b)1 F.A.C.] NOTIFICATION REQUIREMENTS 4. Notification of Operation Commencement: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the Wood Tub Grinder and Screener no later than five (5) business days after that date. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 5. Monthly Log: In order to demonstrate compliance with the limitations of Specific Conditions No. B.2., the permittee shall maintain a monthly log at the facility for a period of at least five years from the date the data is recorded. The monthly summary of the log, at a minimum, shall contain the following: a. Facility Name, Facility ID No. (i.e., NSB Recycling, Inc., Facility ID 1270223); b. Designation of the month and year of operation for which the records are being tabulated; c. Monthly total and Consecutive 12-month total of hours of operation for both the EU 002 and EU 003 [Rule 62-4.070(3), F.A.C.] 11.D.10 Packet Pg. 2893 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 10 of 13 This section of the permit addresses the following emissions unit. EU No. Brief Description 104 Non-Emergency Stationary CI RICE Subject to NSPS Subpart IIII. This emissions unit is comprised of non-emergency stationary CI RICE manufactured after April 1, 2006, or modified or reconstructed after July 11, 2005, located throughout the site. All of these non-emergency stationary CI RICE are subject to the requirements of the NSPS contained at 40 CFR 60, Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines, adopted in Rule 62.204.800(8)(b), F.A.C. The engines are considered to be regulated; they are not insignificant, exempt, or non-regulated. This permit incorporates a non-emergency C27 CAT diesel powered generator, incorporated with the ACI. In addition, a D100-6 diesel drive motor engine and a Kubota 3600 diesel engine are associated with the wood tub grinder and screener. Emissions are based on emission factors provided by Caterpillar for Tier 4 engines. Description Location Make and Model Description, Power Rating (kW) Engine HP Tier Rating Manufactured Year ACI Engine Kubota 3600 (63 Kw) or equivalent 85 Tier 3 2008-2013 Tub Grinder Engine Caterpillar C27 (750 Kw) or equivalent 1020 Tier 4 ≥2014 Screener Engine Caterpillar C100-6 (100 Kw) or equivalent 100 Tier 3 2007-2014 {Permitting Note: These compression ignition reciprocating internal combustion engine (CI RICE) are regulated under 40 CFR 63, Subpart ZZZZ, NESHAP for Stationary RICE and 40 CFR 60, Subpart IIII, NSPS for Stationary Compression Ignition RICE, adopted in Rules 62.204.800(11)(b) and (8)(b), F.A.C., respectively. They are considered “new” stationary non-emergency CI RICE located at an area source of HAP, that have been modified, reconstructed or commenced construction on or after 6/12/2006, and that have a post-2007 model year. In accordance with provisions of 40 CFR 63.6590(c)(6), meeting the requirements of 40 CFR 60, Subpart IIII, satisfies compliance with the requirements of Subpart ZZZZ. As non-emergency use engines located in Volusia County, these CI RICE are not subject to the VOC and NOX RACT requirements contained in Rules 62-296.500 and 570, F.A.C.} EQUIPMENT 1. Equipment Installation: The permittee is authorized to install three non-emergency stationary CI RICE as described above or equivalent. [Application No. 1270223-001-AC, received January 28, 2018, revised Application information received February 14, 2018, and Rule 62-210.200(225), “Potential to Emit,” F.A.C.] 2. Optional Model Year Installation: As an alternative dependent on availability of engine models, the permittee may elect to install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engine [604204(b), 60.4201(a) and 40 CFR 1039.101]. PERFORMANCE RESTRICTIONS 3. Restricted Operation: a. The hours of operation are limited to 3,000 hours per year for the ACI engine (Kubota 3600 (63 kw)) b. The hours of operation not limited (8,760 hours per year) for the Tub Grinder and Screener engines [Application No. 1270223-001-AC received January 29, 2018, revised Application information received February 14, 2018, and Rules 62-4.070(3) and 62-210.200(223), “Potential to Emit,” F.A.C.] 11.D.10 Packet Pg. 2894 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 11 of 13 4. Authorized Fuel: These Stationary Reciprocating Internal Combustion Engines (RICE) must use diesel fuel that meets the following requirements for non-road diesel fuel: a. Sulfur Content. The sulfur content shall not exceed 15 ppm = 0.0015% by weight (ultra-low sulfur) for non-road fuel. b. Cetane and Aromatic. The fuel must have a minimum cetane index of 40 or must have a maximum aromatic content of 35 volume percent. [40 CFR 60.4207(b), 80.510(b)] EMISSION STANDARDS 5. Emissions Standards: Exhaust emissions from these non-emergency CI RICE shall not exceed the levels for each pollutant shown in the table below: ID Engine HP Engine kW Model Year Emissions Limit Rule Reference Emissions Limits, g/kW-hr NOX+ NMHC NOx NM HC CO PM ACI Engine (Kubota) 85 60 2008-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4.7 5.0 0.4 Screener Engine (Caterpillar D100-6) 100 100 2007-2014 60.4204(b), 60.4201(a) and 40 CFR 89.112- Table 1 4 5 0.3 Tub Grinder engine (Caterpillar C27) 1000 750 Post 2014 60.4204(b), 60.4201(a) and 40 CFR 1039.101 3.5 0.19 3.5 0.4 {Permitting Note: The Permittee has indicated that as an alternative, dependent on market availability, the permittee may install equivalent engines for the ACI and Screener which meet the emission certification of a 2014 Manufactured year or newer engines as referenced in Table 1 of 40 CFR 1039.101.} TESTING REQUIREMENTS 6. Compliance Requirements Due to Loss of Certification: If the owner or operator does not install, configure, operate, and maintain the engine or control device according to the manufacturer's emission-related written instructions, or if the owner or operator changes emission-related settings in a way that is not authorized by the manufacturer, the owner or operator must demonstrate compliance by the following four actions: a. The owner or operator must keep a maintenance plan and records of conducted maintenance. b. The owner or operator must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. c. In addition, the owner or operator must conduct an initial performance test to demonstrate compliance with the applicable emission standards: 1) within 1 year of startup, or 2) within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or 3) within 1 year after you change emission-related settings in a way that is not authorized by the manufacturer. d. The owner or operator must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards in Specific Condition C.5. 7. Testing Requirements: In the event performance tests are required pursuant to Specific Condition C.6., the following requirements shall be met: a. Testing Procedures. The performance test must be conducted according to the in-use testing procedures in 40 CFR Part 1039, Subpart F. 11.D.10 Packet Pg. 2895 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 12 of 13 b. Not to Exceed (NTE) Numerical Requirements. Exhaust emissions from these engines must not exceed the NTE numerical requirements, rounded to the same number of decimal places as the applicable standard in Specific Condition C.4., determined from the following equation: NTE Numerical Requirement for Each Pollutant = (1.25) x (applicable standard from C.5) [40 CFR 60.4212(a) and (c)] 8. Test Requirements: In the event performance tests are required pursuant to Specific Condition C.6., or as otherwise requested by FDEP, tests shall be conducted in accordance with the applicable requirements specified in Specific Condition C.7. and Appendix D (Common Testing Requirements) of this permit. [Rule 62-297.310, F.A.C.] MONITORING REQUIREMENTS 9. Operation and Maintenance: The owner or operator must operate and maintain the stationary combustion ignition internal combustion engine according to the manufacturer's written instructions or procedures developed by the owner or operator that are approved by the engine manufacturer. In addition, owners and operators may only change those settings that the manufacturer authorizes to be changed. This engine must be maintained and operated to meet the emissions limits in Specific Conditions C.5. over the entire life of the engine. [40 CFR 60.4206, 4211(a)(1), (2) and (3)] 10. Engine Certification Requirements: The owner or operator complies with the emissions standards specified above by having purchased an engine certified by the manufacturer to meet those limits. The engine must have been installed and configured, as well as, continued to be maintained, according to the manufacturer’s emission-related specifications, except as permitted in Specific Condition C.6 as a result of loss of engine Certification. [40 CFR 60.4211(c)] 11. Hour Meter: The owner or operator must properly maintain the installed non-resettable hour meter. [40 CFR 60.4209(a)] NOTIFICATION REQUIREMENTS 12. Notification of Operation Commencement and Engine Certification: The permittee shall notify the Compliance Authority (DEP_CD@dep.state.fl.us) of the date of commencing operation of the each of these CI RICE no later than five (5) business days after that date. The notification shall include a copy of the manufacturer’s certification for each of the CI RICE. Commencing operation is defined as setting any emissions unit into operation for any purpose. [Rule 62-4.070, F.A.C., and Rule 62-210.200(80), (“Commence Operation”)] RECORDS AND REPORTS 13. Maintenance Records: To demonstrate conformance with the manufacturer’s written instructions for maintaining the certified engine and to document when compliance testing must be performed pursuant to Specific Condition C.6., the owner or operator must keep the following records: a. Engine manufacturer data indicating compliance with the standards. b. A copy of the manufacturer’s written instructions for operation and maintenance of the certified engine. c. A written maintenance log detailing the date and type of maintenance performed on the engine, as well as any deviations from the manufacturer’s written instructions. The log may be kept and maintained electronically. [Rule 62-213.440(1), F.A.C.] 14. Monthly Recordkeeping Requirement: The permittee shall maintain a monthly log at the facility for a period of at least five (5) years from the date the data are recorded. The log, at a minimum, shall contain the following: a. Date (month/year); b. Type of fuel used; 11.D.10 Packet Pg. 2896 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. EMISSIONS UNIT SPECIFIC CONDITIONS (DRAFT) C. EU 004 – Non-Emergency CI RICE Subject to NSPS IIII NSB Recycling, LLC Air Permit No. 1270223-001-AC Edgewater Facility Minor Air Construction Permit Page 13 of 13 c. Certification from the fuel supplier. The fuel certifications shall include the following information for distillate oil: 1) The name of the oil supplier and either 2) and 3), or 4) following. 2) A statement from the oil supplier that the oil complies with the specifications under the definition of distillate oil in §60.41c of 40CFR 60, Subpart Dc; and 3) The sulfur content or maximum sulfur content of the oil; or 4) Documentation that the fuel is ultra-low sulfur diesel (e.g., fuel delivery receipt). d. Consecutive 12-month total of operational hours for each CI RICE comprising EU 004 The monthly logs shall be completed by the end of the following month. Note: A consecutive 12-month total is equal to the total for the month in question plus the totals for the eleven months previous to the month in question. A consecutive 12-month total treats each month of the year as the end of a 12-month period. A 12-month total is not a year-to-date total. Facilities or emission units that have not been operating for 12 months should retain 12-month totals using whatever number of months of data are available until such a time as a consecutive 12-month total can be maintained each month. [Rule 62-4.070(3), F.A.C. and 40 CFR 60.4214] 11.D.10 Packet Pg. 2897 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) SECTION 4. APPENDICES Contents American Cement Company, LLC Air Permit No. 1190042-014-AC Permit Modification Air Construction Permit Appendix A. Citation Formats and Glossary of Common Terms Appendix B. General Conditions Appendix C. Common Conditions Appendix D. Common Testing Requirements Appendix E. NSPS, Subpart A – General Provisions Appendix F. 40 CFR 60 Subpart CCCC-Standards of Performance for Commercial and Industrial Solid Waste Incineration Units Appendix G. NSPS Subpart IIII- Stationary Compression Ignition (CI) Internal Combustion Engines 11.D.10 Packet Pg. 2898 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 23 ATTACHMENT 2 Florida Forest Service ACI Rules 11.D.10 Packet Pg. 2899 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2900Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2901Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 24 ATTACHMENT 3 FDEP Registration & Annual Report Form 11.D.10 Packet Pg. 2902 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Page 1 of 2 DEP Form # 62-709.901(3) Appl for Reg. and Ann Rep for a YT Trans Form Title Station or SW Organic Recycling Facility Effective Date February 15, 2010 DEP Facility ID No. (Filled in by DEP) DEP WACS ID No: (Filled in by DEP) This form is adopted by reference in subsection 62- 709.901(3), F.A.C. Application for Registration and Annual Report for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility PART A - GENERAL INFORMATION 1. Type of Application: New Renewal (due July 1) Annual report only for facility operating under permit: 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting 3. Type of Waste Processed: Yard trash Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user) 4. Facility Name: 5. Registrant Name (or Permittee if annual report only): 6. Federal Employer Identification Number: 7. Mailing Address: City State Zip Street Mailing Address (if different): City State Zip 8. Facility Location - Street Address or Property Number: City County 9. Contact Person: Telephone: PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION 10. Records required by Rule 62-709.320, F.A.C., will be kept at the facility? Yes No If no, please indicate where these records will be kept and made available upon Department request to review the records: 11. Does the registrant own the facility site? Yes No If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facil ity at this site. 12. Has the organic recycling facility begun operations? Yes No If this facility was operating in the previous calendar year, the annual report in Part C must be completed. 13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental Protection. I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C., and shall comply with the requirements specified in those rules. I also affirm that the information provided in the application is true, accurate, and correct to the best of my knowledge. I have attached all documents and/or authorizations that are required. Print Name and Title of Registrant or Authorized Agent Signature Date Email address (if available): 11.D.10 Packet Pg. 2903 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) DEP Form # 62-709.910(3) Page 2 of 2 Effective February 15, 2010 PART C - ANNUAL REPORT 14. Calendar Year (January 1 through December 31) Covered by this Report: 15. Values used in this report are in (SELECT ONE): Tons Cubic Yards 16. For Existing Facilities that have not reported this information in the past, Amount of a. Unprocessed Material On Site at Beginning of Report Year: b. Processed Material On Site at Beginning of Report Year (total): 17. Total Quantity of Material Received During Report Year: 18. Total Quantity of Material Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year: 19. Total Quantity of Material Removed from Site for: a. Use (e.g., landfill cover, fuel, mulch, compost, etc.): b. Disposal: c. Other (transfer stations) 20. Total Quantity On Site at End of Report Year of: a. Unprocessed Material: b. Processed Material: Note that the total sum of items 16 a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20 I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge. Print Name and Title of Registrant/Permittee or Authorized Agent Signature Date Email address (if available): PART D - MAILING INSTRUCTIONS Remember to include the $35.00 fee if this is also a registration application. Mail completed form to: Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 11.D.10 Packet Pg. 2904 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Section 5 11.D.10 Packet Pg. 2905 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 3365 Woods Edge Circle, Unit 101, Bonita Springs, Florida 34134 TRAFFIC IMPACT STATEMENT FILLMORE RECYCLING CPA May 2009 White Lake Boulevard Collier County, Florida Prepared For: John & Teresa Fillmore Fillmore LLC C/o Yahl Mulching 2250 Washburn Avenue Naples, FL 34117 Prepared By: Omega Consulting Group, LLC Project # R9005.02 11.D.10 Packet Pg. 2906 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 1 INTRODUCTION AND SUMMARY Omega Consulting Group, LLC is providing this update to the Comprehensive Plan Amendment Traffic Impact Statement (TIS) previously prepared by Vanasse & Daylor, LLP for the Fillmore Recycling. The purpose of this study is to provide Collier County with sufficient information to assure that traffic-related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Fillmore Recycling facility is located northeast of I-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and is currently utilized as recycling facility for yard waste. The site will have one full-movement site access onto White Lake Boulevard. Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link analyses have been prepared for this study. For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2014 planning horizon. CONCLUSIONS, RECOMMENDATIONS AND MITIGATION The analysis indicated that the estimated Fillmore Recycling facility site-generated trips are projected to be de minimus (less than 1%) on Collier Boulevard. All roadway segments are projected to operate within their maximum service volume (SFmax) or Level of Service Standard (LOS). As shown in Table 5, the levels of service for all links in the area of the project are projected to meet the level of service standards computed by the AUIR Tables for PM Peak Hour with Buildout Year Total Traffic. Therefore, no off-site improvements are projected to be required for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. 11.D.10 Packet Pg. 2907 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 2 PROPOSED DEVELOPMENT EXISTING LAND USE The Fillmore Recycling facility is located northeast of I-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and currently utilized as recycling facility for yard waste. One full-movement access onto White Lake Boulevard is proposed. AREA CONDITIONS SITE ACCESSIBILITY AREA ROAD SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 951) Collier Boulevard (CR 951) in the study area will be a north-south four and eight lane divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). White Lake Boulevard White Lake Boulevard in the study area is an east-west two-lane local roadway that terminates at Collier Boulevard. The roadway alignment is fairly level and tangent. The speed limit is 30 mph. 11.D.10 Packet Pg. 2908 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 3 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed to alleviate current area road deficiencies and to support future area development. For purposes of this study, a “committed” roadway improvement means that the characteristics of the higher-level facility may be used in the reserve capacity estimates. Since this is a Comprehensive Plan Amendment TIS, roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2009 to FY 2011 time frame were considered to be committed improvements. These were identified in the Collier County 2008 Annual Update and Inventory Report (AUIR) • 8-lane expansion of Collier Boulevard near I-75 interchange and 8-lane to 4-lane converge near the main Golden Gate canal is anticipated to be under construction in 2010 TRIP GENERATION Site-generated trips were estimated using the anticipated operational characteristics of the site and the expected daily hours of operation. Approximately 500 weekly and 100 daily truck trips are estimated for the existing yard waste recycling facility entering and exiting the Fillmore Recycling site. Approximately 10% of the trips are estimated to be from private individuals with 90% coming from commercial sources. It is estimated that about 50% of site truck trips are to and from the nearby existing land fill site on White Lake Boulevard. The remaining 50% trips are projected to use Collier Boulevard directly to/from the project site. The proposed construction debris recycling facility is projected to generate an additional 150 daily truck trips. It is anticipated that the distribution between private individuals and commercial sources would be similar. The existing yard waste recycling facility operates with 15 full-time employees. An additional 10 full-time employees will be required to operate the proposed construction debris recycling facility. Operating hours are anticipated to be 7AM to 5PM averaging 10 hours per day. Based on the operational characteristics, 150 daily truck trips are expected to be evenly distributed through 10 working hours. The site-generated trip estimates that were derived as follows: 150 trucks/day = 300 directional truck trips per day = 300 trucks/10 hours = 30 directional truck trips/hour. Based on anticipated estimates of 50% in and 50% out, then 15 trucks are entering and 15 trucks are exiting the site during AM peak hour; and 15 trucks are entering and 15 trucks are exiting the site during PM peak hour. 50% of the truck traffic is anticipated to be to/from the existing County landfill, 50% of the truck traffic will access Collier Boulevard. The recycling facility will have an additional 10 11.D.10 Packet Pg. 2909 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 4 employees so at most, there would be 1 vehicle per employee for 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site-generated trips was converted to passenger car equivalents (PCE’s) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20-9 from the Highway Capacity Manual 2000 (see Appendix of Original Vanasse & Daylor, LLP TIS for copy of the exhibit). The site-generated trip estimate results are shown in Table 1. TABLE 1 LAND USE ADT Total Enter Exit Total Enter Exit Estimated Truck Traffic 300 30 15 15 30 15 15 Passenger Car Equivalent (PCE) multiplier* = 1.7 Truck PCE's 510 52 26 26 52 26 26 Employees 20 10 10 10 10 Total 530 62 36 26 62 26 36 *Per Vanasse & Daylor, LLP TIS AM Peak PM Peak DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 presents the assumed trip distribution and assignment. Exhibit 1 graphically presents the trip distribution. Table 2 Site-generated Trip Distribution and Assignment1 Link From To DIST Total Enter Exit Total Enter Exit Collier Blvd Golden Gate Pkwy Utilities Drive 25% 16 9 7 16 7 9 Collier Blvd Utilities Drive I-75 25% 16 9 7 16 7 9 White Lake Blvd Collier Blvd Land Fill Access 50% 31 18 13 31 13 18 White Lake Blvd Land Fill Access Project Access 100% 62 36 26 62 26 36 1 All site-generated trips are based on PCE values. AM Peak PM Peak 11.D.10 Packet Pg. 2910 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 5 The percentage distributions were applied to the site-generated traffic volumes to determine the site-generated vehicle trip assignments. Exhibit 2 shows the site-generated trip assignments for the PM Peak Hour. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02 and Collier County TIS Final Guide Dated 11-03-2006, “Significantly impacted roadways and intersections are identified based on the following criteria: a. The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. • Trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. • Trips on one link adjacent to the link directly accessed by the project where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard. • Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County’s 2/2/3 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. Table 3 Site PCT of Link From To Sfmax Trips SF max Collier Blvd Golden Gate Pkwy Utilities Drive 3,515 9 0.3% Collier Blvd Utilities Drive I-75 3,515 7 0.2% White Lake Blvd Collier Blvd Land Fill Access 760 13 1.7% White Lake Blvd Land Fill Access Project Access 760 26 3.4% Significance Test Note: SF max for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard PM Peak 11.D.10 Packet Pg. 2911 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 6 The only site-generated trips that were estimated to be significant (>2 percent of the SFmax) were on White Lake Boulevard between the land fill access and the project. The site-generated trip assignments were not projected to be significant on any links of the Collier County roadway network. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included the Collier County Transportation Operations Department 2008 Traffic Count Report , Collier County Concurrency Segments Tables dated April 4,2009 and the 2008 Collier County AUIR . The Appendix contains copies of the applicable data used. Per methodology meeting dated April 22, 2008, proposed 4 to 8-lane improvement of Collier Boulevard near I-75 interchange was confirmed by Collier County Transportation Staff. Maximum capacity SFmax 3515 vph for Collier Boulevard between I-75 and Golden Gate Boulevard was used in the subsequent analysis in this report, per Collier County Transportation Staff’s instruction. Table 4 presents the link-specific background traffic data with the information contained in the Collier County AUIR table for 2007. Table 4 BACKGROUND TRAFFIC VOLUMES Based on 2008 Collier County AUIR Max PK Hr Trip Total Remaining Link From To SF MAX 1 Volume Bank Volume Capacity Collier Blvd Golden Gate Pkwy I-75 3,515 1,384 617 2,001 1,514 1 SFmax pr ovided by Collier County Transportation Staff 11.D.10 Packet Pg. 2912 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) R9005 CPA TIS-OO1.doc 7 Growth trends have been negative so the AUIR Trip Bank was used as the most conservative total volume of background traffic. ANALYSES CAPACITY AND LEVEL OF SERVICE LINK ANALYSES Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The SFmax for different roadway segments were provided by the Collier County Transportation Planning Department or from a similar roadway within Collier County as denoted on the 2008 AUIR Table. Copies of these data are contained in the Appendix. Table 5 presents the link analysis results. Table 5 LINK LEVEL OF SERVICE ANALYSIS RESULTS BKGD Project Total AUIR BKGD Total Road Segments From To Traffic Traffic Traffic SFmax Traffic Traffic Collier Blvd Golden Gate Pkwy Utilities Dr 2,001 9 2,010 3,515 Y Y Collier Blvd Utilities Dr I-75 2,001 7 2,008 3,515 Y Y PM PEAK HOUR W/I Std The studied links are projected to be within the level of service standards for the PM peak hour with buildout year Background and Total Traffic. Based on this analytical result, no further analyses are required. Appropriate turn lanes should be analyzed during the SDP process for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. 11.D.10 Packet Pg. 2913 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Not to Scale41225% 25%25% 25%25%25%50%0%50%50%50%Washburn AvenueProject SiteUtilities DriveGolden Gate Parkwaylier Collier County Land FillWashburn AvenueWhite Lake Boulevard325%25%100100%Fillmore LLC, C/o Yahl Mulching2250 Washburn Avenue, Naples, FL 34117May 2009 Fillmore Recycling CPASite-Generated Trip Distribution EXHIBIT 1Washburn AvenueProject SiteUtilities DriveGolden Gate ParkwayI-75Collier Davis BoulevardCollier County Land FillWashburn AvenueWhite Lake BoulevardR9005 CPATIS_01.xls11.D.10Packet Pg. 2914Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - Not to Scale41297913971818713Washburn AvenueProject SiteUtilities DriveGolden Gate Parkwayier Collier County Land FillWashburn AvenueWhite Lake Boulevard3362679Fillmore LLC, C/o Yahl Mulching2250 Washburn Avenue, Naples, FL 34117May 2009 Fillmore Recycling CPAPM Peak Hour AssignmentEXHIBIT 2Washburn AvenueProject SiteUtilities DriveGolden Gate ParkwayI-75Collier Davis BoulevardCollier County Land FillWashburn AvenueWhite Lake BoulevardLegendPCE TripsR9005 CPATIS_01.xls11.D.10Packet Pg. 2915Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - Golden Gate Parkway Mixed Use Subdistrict TIS Appendix APPENDIX • Initial Meeting Checklist – April 22, 2008 • Collier County Annual Update Inventory Report (AUIR), 2008 • Excerpt from Collier County Traffic Count Report • Excerpt from Highway Capacity Manual 2000 11.D.10 Packet Pg. 2916 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) INITIAL MEETING CHECKLIST APRIL 22, 2008 11.D.10 Packet Pg. 2917 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2918 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2919 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2920 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2921 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2922 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2923 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2924Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2925Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2926Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2927Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2928Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2929Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2930Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2931Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - COLLIER COUNTY ANNUAL UPDATE AND INVENTORY REPORT (AUIR) 2008 11.D.10 Packet Pg. 2932 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 10 Month 2008Peak HourPeak ExpectedPeak DirHour L YearYear of ExistCnt. Min ServicePeak DirTrip Total Remain. O ExpectedAdditional Total Substantial ID# CIE# Proj# Road# Link From To Road Sta. Std Volume Volume Bank Volume Capacity S Deficient Notes Notes FY09 FY10 FY11 FY12 FY13 2009 thru 2013 Completion1 99910 CR31 Airport Road Immokalee Road Vanderbilt Beach Road 4D 659 D 2,460 1,449 203 1,652 808 C Northwest TCMA2.1 55 62031 CR31 Airport Road Vanderbilt Beach Road Orange Blossom Dr. 6D 599 E 3,970 1,860 376 2,236 1,734 C Northwest TCMA2.2 55 62031 CR31 Airport Road Orange Blossom Dr. Pine Ridge Rd. 6D 503 E 3,970 2,036 302 2,338 1,632 C Northwest TCMA3 39 60121 CR31 Airport Road Pine Ridge Road Golden Gate Parkway 6D 502 E 3,830 1,757 352 2,109 1,721 C Overpass CST4 99906 CR31 Airport Road Golden Gate Parkway Radio Road 6D 533 E 3,230 2,045 233 2,278 952 C Overpass CST5 3 66031 CR31 Airport Road Radio Road Davis Boulevard 6D 553 E 4,100 2,258 181 2,439 1,661 C 6 3 66031 CR31 Airport Road Davis Boulevard US 41 6D 552 E 2,580 1,818 181 1,999 581 D TCEA7 99911 Bayshore Drive US 41 Thomasson Drive 4D 521 D 1,950 661 86 747 1,203 B TCEA8 31 60021 CR 865 Bonita Beach Road West of Vanderbilt Dr. 4D 653 D 1,620 1,355 0 1,355 265 D 9 Carson Road Lake Trafford Road Immokalee Drive 2U 610 D 760 263 263 497 B10 33 60101 County Barn Road Davis Boulevard Rattlesnake Hammock Road 2U 519 D 860 666 153 819 41 D Santa Barbara Blvd Ext Parallel Relief $703 $70311 99912 CR29 CR 29 US 41 Chokoloskee Island 2U 582 D 875 145 4 149 726 B 12 SR84 Davis Boulevard US 41 Airport Road 6D 558 E 3,420 1,691 58 1,749 1,671 C TCEA13 48 60161 SR84 Davis Boulevard Airport Road Lakewood Boulevard 4D 559 D 2,080 1,641 57 1,698 382 D 14 49 60161 SR84 Davis Boulevard Lakewood Boulevard County Barn Road 4D 559 D 2,430 1,641 127 1,768 662 D East Central TCMA15 83 60161 SR84 Davis Boulevard County Barn Road Santa Barbara Boulevard 4D 538 D 2,575 1,616 259 1,875 700 D East Central TCMA16.1 83 SR84 Davis Boulevard Santa Barbara Boulevard Radio Rd. 2U 560 D 1,040 863 207 1,070-30F Existing East Central TCMA16.2 83 SR84 Davis Boulevard Radio Rd. Collier Boulevard 4U 601 D 1,530 1,184 484 1,668-138F Existing East Central TCMA Benderson xxxx reserved trips $21,100 $21,10017 62 63041 CR876 Golden Gate Boulevard Collier Boulevard Wilson Boulevard 4D 531 D 2,350 1,693 300 1,993 357 D VBR Ext. CST Parallel Relief18 99913 CR886 Golden Gate Parkway US 41 Goodlette-Frank Road 6D 530 E 3,180 1,151 63 1,214 1,966 C 19 5 60027C CR886 Golden Gate Parkway Goodlette-Frank Road Airport Road 6D 507 E 4,350 2,447 112 2,559 1,791 C Overpass CST 38% + open to traffic20.1 74 60006 CR886 Golden Gate Parkway Airport Road Livingston Rd. 6D 508 E 4,370 2,093 150 2,243 2,127 B Northwest TCMA 57% + open to traffic20.2 74 60006 CR886 Golden Gate Pwky Livingston Rd. I-75 6D 691 E 4,370 2,517 150 2,667 1,703 C Northwest TCMA 89% + open to traffic21 74 60027 CR886 Golden Gate Parkway I-75 Santa Barbara Boulevard 6D 509 E 3,730 2,084 139 2,223 1,507 C East Central TCMA 30% + open to traffic22 99916 CR886 Golden Gate Parkway Santa Barbara Boulevard Collier Boulevard 4D 605 D 1,980 1,603 164 1,767 213 D East Central TCMA23 19 68041 CR851 Goodlette-Frank Road Immokalee Road Vanderbilt Beach Road 2U 594 D 1,190 708 238 946 244 D Northwest TCMA24 65 60134 CR851 Goodlette-Frank Road Vanderbilt Beach Road Pine Ridge Road 6/4D 581 D 2,790 1,520 180 1,700 1,090 B Northwest TCMA25 88 60005 CR851 Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway 6D 506 E 3,420 1,690 90 1,780 1,640 B 26 99917 CR851 Goodlette-Frank Road Golden Gate Parkway US 41 6D 504 E 3,500 2,087 96 2,183 1,317 B 27 87 68055 Green Boulevard Santa Barbara Boulevard Collier Boulevard 2U 642 D 1,040 659 17 676 364 B East Central TCMA28Green Boulevard Extension Livingston Road Santa Barbara Boulevard29 66011 Gulfshore Drive 111th Avenue Vanderbilt Beach Road 2U 583 D 530 205 12 217 313 B 30.1 37 65061 CR951 Collier Boulevard Immokalee Road Vanderbilt Beach Rd. 6D 655 D 2,450 1,120 595 1,715 735 B Under CST no update30.2 37 65061 CR951 Collier Boulevard Vanderbilt Beach Rd. Golden Gate Boulevard 6D 536 D 2,450 1,822 592 2,414 36 E 2010 Under CST 31 85 68056 CR951 Collier Boulevard Golden Gate Boulevard Green Blvd 6/4D 536 D 2,180 1,884 311 2,195-15F Existing CST 2011 $2,000 $6,715 $23,400 $32,11532.1 76 65062 CR951 Collier Boulevard Green Boulevard Golden Gate Pwky 4D 584 D 2,360 1,444 553 1,997 363 D East Central TCMA$2,000 $27,000 $29,00032.2 76 CR951 Collier Boulevard Golden Gate Pwky I-75 4D 607 D 2,450 1,384 617 2,001 449 D East Central TCMA33 61 60001 SR951 Collier Boulevard I-75 Davis Boulevard 4D 573 D 3,000 2,483 767 3,250-250F Existing East Central TCMA Resv. Per Benderson DCA $10,013 $12,987 $23,00034 86 60001 CR951 Collier Boulevard Davis Boulevard Rattlesnake Hammock Road 6D 602 E 3,270 1,894 334 2,228 1,042 B 35 86 60001 CR951 Collier Boulevard Rattlesnake Hammock Road US 41 6D 603 E 3,330 1,658 511 2,169 1,161 B 36.1 12 64041 SR951 SR 951 US 41 Wal-Mart Driveway 6D 557 D 2,370 1,744 856 2,600-230F Existing State36.2 SR951 SR 951 Wal-Mart Driveway Manatee Rd. 4D 627 D 1,970 1,384 710 2,094-124F Existing State37 12 64041 SR951 SR 951 Manatee Road Mainsail Dr 4D 627 D 2,590 1,384 540 1,924 666 C 38 51 64041 SR951 SR 951 Mainsail Dr Marco Island Bridge 4D 627 D 2,480 1,384 5 1,389 1,091 B State39 64 99901 CR846 111th Avenue N. Gulfshore Drive Vanderbilt Drive 2U 585 D 760 251 17 268 492 B Northwest TCMA40 1 60031 CR846 111th Avenue N. Vanderbilt Drive US 41 2U 613 D 1,040 380 107 487 553 B Northwest TCMA41.1 6 66042 CR846 Immokalee Road US 41 Goodlette-Frank Rd. 6D 566 E 3,030 1,538 387 1,925 1,105 B TCMA, Under CST, missing 2007 counts41.2 6 66042 CR846 Immokalee Road Goodlette-Frank Rd. Airport Road 6D 625 E 3,030 1,865 475 2,340 690 D Northwest TCMA42.1 6 66042 CR846 Immokalee Road Airport Road Livingston Rd. 6D 567 E 3,290 2,773 300 3,073 217 E Northwest TCMA42.2 6 66042 CR846 Immokalee Road Livingston Rd. I-75 4D 567 E 2,320 2,773 295 3,068 -748 F Existing Northwest TCMA43.1 8 66045 CR846 Immokalee Road I-75 Logan Boulevard 4D 568 E 2,320 1,800 741 2,541 -221 F Existing Under CST43.2 CR846 Immokalee Road Logan Boulevard CR 951 6D 656 D 3,629 1,399 272 1,671 1,958 B 44 71 60018 CR846 Immokalee Road Collier Boulevard Wilson Boulevard 6D 593 E 3,790 1,401 418 1,819 1,971 B Under CST45 71 60018 CR846 Immokalee Road Wilson Boulevard Oil Well Road 6D 675 E 3,670 1,597 312 1,909 1,761 B 46 73 60165 CR846 Immokalee Road Oil Well Road SR 29 2U 672 D 860 262 80 342 518 C 47 66 99903 Lake Trafford Road West of SR 29 SR 29 2U 609 D 875 367 73 440 435 C 48 60166 Logan Boulevard Vanderbilt Beach Road Pine Ridge Road 2U 587 D 990 571 81 652 338 C 49 22 68051 Logan Boulevard Pine Ridge Road Green Boulevard 4D 588 D 2,070 1,141 158 1,299 771 C East Central TCMA50 79 60166 Logan Boulevard Vanderbilt Immokalee Rd. 2U 644 1,100 355 0 355 745 C Opened Q4 200751 21 65041 CR881 Livingston Road Imperial Street Immokalee Road 6/4D 673 D 3,260 1,039 155 1,194 2,066 B Northwest TCMA52 57 62071 CR881 Livingston Road Immokalee Road Vanderbilt Beach Road 6D 576 E 3,840 1,551 67 1,618 2,222 B Northwest TCMA53 58 62071 CR881 Livingston Road Vanderbilt Beach Road Pine Ridge Road 6D 575 E 3,800 1,300 303 1,603 2,197 B Northwest TCMA54 52 60071 CR881 Livingston Road Pine Ridge Road Golden Gate Parkway 6D 690 E 3,800 1,351 292 1,643 2,157 B East Central TCMA55 53 60061 CR881 Livingston Road Golden Gate Parkway Radio Road 6D 687 E 3,760 1,742 132 1,874 1,886 B East Central TCMA57 89 60036 E/W Livingston Road Old 41 N/S Livingston Rd. 4D 0 0 0 0 58 67 99904 N. 1st Street New Market Road Main Street 2U 590 D 1,000 457 15 472 528 C COLLIER COUNTY 2008 ANNUAL UPDATE INVENTORY REPORT (AUIR) - Collier County Transportation Database (Based on Synchro and current traffic volumes)Fiscal Year 2009-2013 Capital Projects (Proposed Dollars shown in Thousands)Attachment "F"11.D.10Packet Pg. 2933Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) EXCERPT FROM COLLIER COUNTY TRAFFIC COUNT REPORT 11.D.10 Packet Pg. 2934 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Collier County Quarterly Traffic Count Report (2005/2006)StationType CntLocation Q1-2006 Q1-2007 Q1-200807-08%Diff.Q2-2006 Q2-2007 Q2-200807-08%Diff.Q3-2006 Q3-2007 Q3-200807-08%Diff.Q4-2006 Q4-2007 Q4-200807-08%Diff.2006 ADT Based on Avail.Counts2007 ADT Based on Avail.Counts2008 ADT Based on Avail.Counts2007 1st Qtr/ADT573 QCollier Blvd (CR 951) north of Davis Blvd (SR 84) 68,008 59,337 49,060-17.32%54,789 45,088 48,77419.89%50,643 46,461 37,80311.06%55,816 47,984 39,610-14.03%57,314 49,718 43,8121.187574 Q Livingston Rd (CR 881) north of Mediterra 19,470 19,902 17,638-11.38%17,107 13,549 17,67220.13%15,526 12,857 14,29118.68%17,192 14,658 15,474-14.74%17,324 15,242 16,2691.124575 Q Livingston Rd (CR 881) north of Pine Ridge Rd (CR 896)29,740 28,267 25,596-9.45%24,195 21,596 25,30810.27%23,481 23,655 20,431-0.85%27,615 25,852 24,097-6.38%26,258 24,843 23,8581.133576 Q Livingston Rd (CR 881) south of Vanderbilt Beach Rd (CR 862)33,677 32,804 29,227-10.90%54,536 23,481 24,078128.98%28,702 26,448 24,3559.25%32,733 27,979 24,952-14.52%37,412 27,678 25,6530.900577 QTamiami Trail (US 41/SR 45) south of 99th Avenue North 58,488 53,199 62,72717.91%45,694 44,201 41,2123.62%47,087 50,825 36,939-10.12%57,860 56,560 52,596-2.25%52,282 51,196 48,3691.119578 QVanderbilt Dr (CR 901) north of 111th Avenue North 14,316 9,353 11,46622.59%7,576 7,190 6,8825.61%7,022 6,309 5,93012.02%9,583 9,935 7,2173.67%9,624 8,197 7,8741.487579 QVanderbilt Beach Rd (CR 862) east of Airport Rd (CR 31) 0 0 31,976 0 24,521 22,985-106.68%0 23,928 21,531-111.13%0 26,645 25,071#DIV/0!0 25,031 33,854580 QVanderbilt Beach Rd (CR 862) west of Collier Blvd (CR 951) 15,958 0 12,757 0 0 11,0220.00%14,032 0 0#DIV/0!0 12,411 9,434#DIV/0!14,995 12,411 16,6071.064581 QGoodlette Rd (CR 851) north of Pine Ridge Rd (CR 896) 29,151 28,030 28,6912.36%22,882 24,319 26,066-5.51%23,094 24,875 21,380-8.33%24,439 25,906 22,5346.00%24,892 25,783 24,6681.171582 ACR 29 south of Tamiami Trail (US 41/SR 90) 3,316 3,160 3,3124.81% 0.00%0#DIV/0! #DIV/0!3,316 3,160 3,312583 AGulfshore Dr south of Bayview Dr 4,988 3,964 4,93824.57% 0.00%0#DIV/0! #DIV/0!4,988 3,964 4,938584 QCollier Blvd (CR 951) north of Golden Gate Blvd 21,042 0 0 19,746 0 00.00%19,410 0 0#DIV/0!000#DIV/0!20,066 0 01.049585 Q111th Avenue North west of Vanderbilt Dr (CR 901) 6,994 5,084 6,81534.05%3,470 3,989 3,986-13.02%3,253 2,907 3,5769.68%3,891 4,667 3,94219.94%4,402 4,162 4,5801.589586 QImmokalee Rd (CR 846) south of Oil Well Rd (CR 858) 23,268 18,369 19,3455.31%0 15,303 13,316-114.92%0 20,312 15,382-132.05%0 18,703 16,848#DIV/0!23,268 18,172 64,891587 QLogan Blvd north of Pine Ridge Rd (CR 896) 10,841 9,469 10,0826.47%10,218 8,783 10,08214.23%9,798 8,872 9,17110.10%10,160 10,634 10,2004.67%10,254 9,440 9,8841.057588 QLogan Blvd/Santa Barbara Blvd south of Pine Ridge Rd (CR 896) 31,549 24,849 20,893-15.92%29,858 23,313 22,09029.63%30,112 22,086 19,38841.40%30,510 22,875 21,602-25.02%30,507 23,281 20,9931.034589 QRadio Rd (CR 856) east of Santa Barbara Blvd 22,046 19,575 0-100.00%18,891 0 00.00%17,188 0 0#DIV/0!20,365 0 0-100.00%19,623 19,575 01.124590 QNorth First St north of Main St (SR 29) 9,850 10,053 10,4523.97%9,230 8,238 6,95414.27%9,316 8,248 7,08515.07%10,688 9,274 8,442-13.23%9,771 8,953 8,2331.008591 ASR 29 north of SR 82 8,275 0 7,5630.00%0#DIV/0! #DIV/0!8,275 0 7,563593 QImmokalee Rd (CR 846) east of Collier Blvd (CR 951) 28,713 0 10,381 24,702 0 25,27397.74%27,358 0 16,204168.83%26,805 24,943 0-6.95%26,895 24,943 12,9651.068594 QGoodlette Rd (CR 851) south of Immokalee Rd (CR 846) 16,372 15,294 14,337-6.26%13,207 12,305 14,6176.17%13,000 12,486 11,5344.46%14,486 13,699 12,667-5.43%14,266 13,446 13,2891.148595 QGoodlette Rd (CR 851) north of Orange Blossom Dr 23,289 21,903 22,0490.67%18,946 18,689 20,9901.22%19,003 20,036 17,109-6.04%19,837 20,422 17,2582.95%20,269 20,263 19,3521.149596 QGoodlette Rd (CR 851) south of Orange Blossom Dr 27,437 25,472 25,118-1.39%21,524 21,317 20,7591.00%20,766 23,055 19,183-11.93%22,873 23,539 18,7922.91%23,150 23,346 20,9631.185597 QLivingston Rd (CR 881) south of Immokalee Rd (CR 846) 27,882 28,085 25,859-7.93%23,857 19,633 25,65616.46%25,471 20,265 18,54428.07%25,705 22,823 21,074-11.21%25,729 22,702 22,7831.084599 QAirport Rd (CR 31) north of Orange Blossom Dr 43,938 37,955 39,6694.52%34,756 33,457 31,0084.19%35,120 33,610 31,0614.86%39,572 39,084 35,665-1.23%38,347 36,027 34,3511.146600 QPine Ridge Rd (CR 896) west of Logan Blvd/Santa Barbara Blvd 54,372 33,691 36,7509.08%46,115 40,426 34,38616.54%42,993 41,034 35,4175.53%44,886 39,948 36,704-11.00%47,092 38,775 35,8141.155601 QDavis Blvd (SR 84) west of Collier Blvd (CR 951) 28,918 31,210 23,976-23.18%23,840 23,031 22,0083.68%24,341 20,906 19,31817.78%28,663 22,831 20,055-20.35%26,441 24,495 21,3391.094602 QCollier Blvd (CR 951) north of Rattlesnake Ham Rd (CR 864) 45,789 44,221 0-100.00%37,996 31,838 00.00%33,584 30,320 0#DIV/0!41,697 0 0-100.00%39,767 35,460 01.151603 QCollier Blvd (CR 951) south of Rattlesnake Ham Rd (CR 864) 41,832 40,818 0-100.00%32,352 28,400 00.00%28,320 25,351 0#DIV/0!0 27,996 0#DIV/0!34,168 30,641 01.224604 QTamiami Trail (US 41/SR 90) east of Airport Rd (CR 31) 58,284 44,208 53,19120.32%41,994 41,008 39,4752.50%0 45,310 40,968-110.60%48,647 51,439 47,4075.74%49,642 45,491 60,3471.174605 QGolden Gate Pkwy (CR 886) east of Santa Barbara Blvd 30,727 30,876 29,313-5.06%27,751 0 00.00%27,354 0 0#DIV/0!28,417 28,184 0-0.82%28,562 29,530 14,6571.076606 QSanta Barbara Blvd north of Radio Rd (CR 856) 31,138 31,573 0-100.00%28,569 0 00.00%27,280 0 0#DIV/0!28,848 0 0-100.00%28,959 31,573 01.075607 QCollier Blvd (CR 951) south of Golden Gate Pkwy (CR 886) 31,920 27,291 25,014-8.34%30,721 26,579 21,43019.33%29,154 23,071 0#DIV/0!28,445 23,824 22,970-16.25%30,060 25,191 17,3541.062608 QTamiami Trail (US 41/SR 90) east of Collier Blvd (CR 951) 17,717 0 14,417 12,140 0 10,383116.92%0 14,836 10,663-139.14%15,691 13,293 12,965-15.28%15,183 14,065 24,2141.167609 QLake Traffod Rd (CR 890) west of Carson Rd 8,713 8,531 8,242-3.39%8,588 6,513 6,00534.55%0 7,649 7,099-107.75%8,078 8,270 7,6272.38%8,460 7,741 9,6581.030610 QCarson Rd north of Lake Trafford Rd (CR 890) 6,582 6,238 5,796-7.09%6,968 5,285 4,15340.52%3,510 6,007 4,809-51.92%6,126 6,075 5,785-0.83%5,797 5,901 5,1361.136611 QWestclock Rd west of North 15th St (SR 29) 3,727 3,585 3,247-9.43%3,417 2,829 2,49223.60%3,462 3,073 2,95713.16%1,897 3,414 3,36479.97%3,126 3,225 3,0151.192612 QNew Market Rd (CR 29 A) east of Main St (SR 29) 8,929 10,172 10,163-0.09%8,431 7,979 6,2617.22%9,026 7,676 6,85119.71%9,636 10,048 8,9264.28%9,006 8,969 8,0500.992613 Q111th Avenue North east of Vanderbilt Dr (CR 901) 11,626 8,309 11,11833.81%6,502 6,803 6,870-4.38%5,007 5,743 5,992-12.28%57,481 19,213 7,044-66.57%7,721 7,209 7,7561.506614 AJane's Scenic Dr west of SR 29 705 702 661-5.84% 0.00%00.00% #DIV/0!705 702 661615 ASR 29 north of Tamiami Trail (US 41/SR 90) 0 2,358 2,4122.29% 0.00%00.00% #DIV/0!0 2,358 2,412616 ATamiami Trail (US 41/SR 90) east of SR29/CR 29 3,950 3,897 4,1987.72% 0.00%00.00% #DIV/0!3,950 3,897 4,198617 ATamiami Trail (US 41/SR 90) west of SR29/CR 29 4,971 4,898 5,1915.98% 0.00%00.00% #DIV/0!4,971 4,898 5,191618 AChokoloskee Causeway south of Plantation Parkway 1,834 1,306 2,14764.40% 0.00%00.00% #DIV/0!1,834 1,306 2,147619 QCR 846 east of SR 29 3,010 4,387 4,6846.77%2,100 2,537 1,916-22.81%3,044 3,031 2,4660.53%4,303 4,617 2,4667.30%3,114 3,643 3,3830.967620 QImmokalee Rd (CR 846) north of Stockade Rd 10,470 12,735 10,022-21.30%9,847 9,869 7,543-0.29%10,080 9,478 7,9577.57%10,744 10,509 0-2.19%10,285 10,648 6,9641.018625 QImmokalee Rd (CR 846) east of Goodlette Rd (CR 851) 56,140 0 46,157 37,569 0 33,667111.59%40,185 0 32,627123.16%43,043 0 32,627-100.00%44,234 0 36,8351.269626 ACamp Keais Rd south of Immokalee Rd (CR 846) 3,783 0 3,3550.00%0#DIV/0! #DIV/0!3,783 0 3,3551.000627 QCollier Blvd (CR 951) south of Capri Blvd (CR 952) 34,642 32,450 29,089-10.36%26,201 22,399 28,34313.41%20,419 21,926 21,062-7.16%27,529 24,675 21,387-10.37%27,198 25,363 24,9701.274628 QPine Ridge Rd (CR 896) east of Livingston Rd (CR 881) 0 0 54,005 0 51,024 52,382-97.41%0 55,056 48,246-114.12%68,366 60,397 54,395-11.66%68,366 55,492 209,028629 QVanderbilt Beach Road (CR 862) west of Livingston Road (CR 881) 0 00630 QVanderbilt Beach Rd (CR 862) east of Livingston Rd (CR 881) 29,773 0 0 24,252 0 00.00%24,571 0 0#DIV/0!000#DIV/0!26,199 0 01.136631 QJ & C Blvd west of Airport Rd (CR 31) 11,859 10,683 9,986-6.52%11,817 10,046 9,40418.83%11,601 10,126 8,30717.76%11,465 10,032 9,413-12.50%11,686 10,222 9,2781.015632 QVanderbilt Dr (CR 901) south of 111th Ave N 7,260 5,584 6,38214.29%4,356 4,275 4,1681.94%4,265 3,584 2,89723.51%5,606 4,726 4,038-15.70%5,372 4,542 4,3711.352633 QVanderbilt Dr (CR 901) north of Vanderbilt Bch Rd (CR 862) 8,416 6,716 7,51611.91%5,011 4,962 4,6701.05%4,979 4,368 4,17114.65%0 5,979 4,727#DIV/0!6,135 5,506 7,0281.372634 APlantation Parkway east of CR 29 613 673 509-24.37% 0.00%0#DIV/0! #DIV/0!613 673 509635 SEverglades Blvd north of Oil Well Rd (CR 858) 7,202 6,858 6,213-9.41% 0.00%7,123 6,377 5,48413.60%0#DIV/0!7,163 6,618 5,8491.006636 SEverglades Blvd north of Golden Gate Blvd (CR 876) 8,105 8,039 6,475-19.46% 0.00%8,074 6,941 5,64720.06%0#DIV/0!8,090 7,490 6,0611.002637 SEverglades Blvd south of Golden Gate Blvd (CR 876) 6,798 5,818 5,561-4.42% 0.00%6,732 5,690 6,59615.80%0#DIV/0!6,765 5,754 6,0791.005638 ADesoto Blvd north of Golden Gate Blvd 2,207 2,597 2,232-14.05% 0.00%00.00% #DIV/0!2,207 2,597 2,232639 ADesoto Blvd south of Golden Gate Blvd 2,661 2,543 2,103-17.30% 0.00%00.00% #DIV/0!2,661 2,543 2,103640 AVineyards Blvd south of Vanderbilt Beach Rd (CR 862) 8,331 6,839 5,418-20.78% 0.00%00.00% #DIV/0!8,331 6,839 5,418641 ACounty Barn Rd south of CC R&B Facility 17,426 15,273 14,818-2.98% 0.00%00.00% #DIV/0!17,426 15,273 14,818642 QGreen Blvd east of Santa Barbara Blvd 15,589 11,626 9,001-22.58%12,792 11,566 12,8469.54%11,975 11,701 9,9162.76%12,494 10,382 10,042-16.90%13,213 11,319 10,4511.180All 2005 zero entries are due to construction or hurricane.All 2006 zero entries are due to construction.Page 9 - 11 of 15February, 200711.D.10Packet Pg. 2935Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - EXCERPT FROM HIGHWAY CAPACITY MANUAL 2000 11.D.10 Packet Pg. 2936 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2937 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2938 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2939 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2940 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - 11.D.10Packet Pg. 2941Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2942Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2943Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2944Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 111 #1 2.6 ac 152 #2 3.3 ac 624 #5 6.5 ac 621 #4 1.6 ac 742 #10 3.3 ac 624 #9 4.6 ac 621 #11 2.3 ac 624 / 743 #3 0.5 ac 434 #8 0.3 ac 624 / 8146 #6 0.9 ac 8145 #12 0.5 ac8145 #13 0.5 ac 624 #9 1.1 ac HABITAT LEGEN D 2.6 AC 111 SINGLE FAMILY UNITS 3.3 AC 152 TIMBER PROCESSING 0.3 AC 434 HARDWOOD CONIFER 1.0 AC 8145 GRADED DRAINED ROADS UPLAND HABITATS 7.2 AC TOTAL UPLAND HABITATS WETLAND HABITATS 3.9 AC 621 CYPRESS 12.2 AC 624 PINE CYPRESS PALM 0.5 AC 624/743 IMPACTED W/SPOIL0.9 AC 624/8146 IMPACTED BY ROAD 17.5 AC TOTAL WETLAND HABITATS 17.5 AC TOTAL WETLAND HABITATS 7.2 AC TOTAL UPLAND HABITATS3.3 AC 742 BORROW PIT 28.0 AC TOTAL PROJECT ACREAGE Figure 3. CONTINUED; Yahl FLUCCS/Habitat map. N EW S 80 0 80 160 Feet 11.D.10 Packet Pg. 2945 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) PROTECTED SPECIES REPORT YAHL MULCHING EXPANSION PROJECT SFWMD ERP, Section E. II. A. Sumitted by: Michael R. Ramsey INTRODUCTION The applicant Yahl Mulching is applying to expand its existing operation of mulching and recycling vegetative material. The following protected species report was done to meet the submission requirements of both Collier Co. Government and the South Florida Water Management District Environmental Resource Permitting application requirements.. METHODS Information concerning locations, densities, status, listings and changes from the Florida Fish & Wildlfie Conservation Commission (FWC) and U.S. Fish and Wildlife Service (USFWS) were reviewed along with other related publications. Last, on site surveys or investigations were conducted on the proposed project site. On site surveys were conducted October 14 through December 30, 2000. Surveys were conducted in the early morning hours or in the late afternoon. RESULTS Plants Beautiful pawpaw. This species was not observed on the site. This low shrub species is usually found in association with pine flatwoods. However, its distribution is limited to those areas in western Lee Co. The proposed development should have little or no impact on this species. Small’s milkpea. This species was not observed on the site. Wunderlin (1996, 1998) listed this species as being in Collier Co. The habitat requirements of solution holes in limerock would favor conditions in lower southeast Collier Co., closer to Dade Co. The proposed project should have little to no impact on this species. Animals American Alligator. Alligators (Alligator mississippiensis) were not observed on the site. This species prefers open water year round. Although there is a borrow pit on the area the pit goes dry annually, there is very little vegetation and prey items are limited. The proposed project should have little to no impact on this species. The implementation of the surface water management system and detention area should have a beneficial impact on this species. Eastern Indigo Snake. No evidence of the Eastern indigo snake (Drymarchon corais couperi) was observed on the site. Habitat requirements for these species are not well known, but generally prefer high, dry well drained soils. In addition prey base species were limited. The proposed activity should have little or no impact on this species. 11.D.10 Packet Pg. 2946 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 2 Gopher Tortoise. No sightings or burrows of this species were observed on site The proposed project should have little or no impact on this species. Florida panther. This species was not observed on the site or detected by indices. In addition FL Fish & Wildlife Conservation Commission panther telemetry records since 1981 has never recorded a panther using this site. The proposed project should have little to no effect on this species. Big Cypress fox squirrel. During surveys no fox squirrels (Sciurus niger avicennia) were observed. The proposed project should have little to no effect on this species. Arctic Peregrine Falcon. This species was not observed on the area. In 1998 it was recommended by the USFWS to delist this species, due to its population numbers increasing. Since this species’ breeding habitat is in the Northern US and Canada and winters in the southern US and South America, it is a seasonal migrant to Florida. In addition to being a seasonal migrant, it is more likely to utilize coastal areas. The proposed project should have little to no effect on this species. Bachman’s Warbler. No evidence of this species was noted on the area. In addition, no sightings of this species has been recorded since 1977 and is thought to be extinct. The proposed project should have little or no effect on this species. Bald Eagle. No evidence of this species was noted as to its presence on the area and no documented evidence indicates any nesting activity. The proposed activities should have little or no effect on this species. Crested Caracara. No indications of this species were noted as to existence or utilization on the project site. This species is more dependent on open areas like wet prairies and pastures with scattered sabal palm trees. This type habitat does not exist on the area. The proposed project should have little to no effect on this species. Everglades Mink. This species was not observed or detected on the area. The preferred habitat of marsh and open water areas do not exist on the project because of the hydroperiod alteration to the wetland. The proposed development should have little to no effect on this species. Florida Black Bear. No black bears were observed, nor indices detected on the area. Although suitable habitat exist, it is not large enough to support an individual bear. Surrounding human residential activity also deters any bear utilization. The proposed development should have little to no impacts on this species. Florida Burrowing Owl. This species was not observed on the area. The preferred habitat of this species also does not exist on the site. The proposed development should have little to no effect on this species. Florida Grasshopper Sparrow. This species was not observed on the site during surveys. Available records indicate that this species is more likely to occur north of this area, from northern Hendry Co. into south central Florida. In addition, this species is more likely to utilize an area of stunted saw palmetto with sparse grasses in between clumps. This type habitat does not exist on the site. The proposed project should have little to no effect on this species. Florida Sandhill Crane. This species was not seen on site during the surveys. However, areas typically used are wetland grass marshes, prairies and pasture areas. This habitat type does not exist on the property. The proposed project should have little to no effect on this species. 11.D.10 Packet Pg. 2947 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 3 Florida Scrub Jay. No indication of this species presence was noted during surveys. In addition, the scrub oak habitat required for this species, does not exist on the area. The proposed project should have little to no impact on this species. Limpkin. This species, nor indications of this species were observed on the area. The preferred habitat for this species has abundant emergent and submergent vegetation with adequate Pomacea paludosa. No Pomacea paludosa remains were observed while on the area. Creation of detention areas has been observed to help provide better quality nesting and feeding habitat for this species. Little or not effects are expected for this species from the proposed development, and may benefit from detention area construction.. Little blue and tri-colored heron. These two herons were not observed on or utilizing the area. The altered hydroperiod of the onsite wetland does not allow water to stand for very long in the wetland. The property does have a borrow pit on the area with standing water, but it is too deep and has little prey for preferred feeding area characteristics. The proposed project should have little to no effect on this species, and may benefit feeding conditions by implementation of the surface water management system and detention area. Osprey. Although the osprey is listed as a species of special concern by the FWC it is applicable only to Monroe County. The proposed development should have little to no effect on this species. Red-cockaded woodpeckers. No evidence of this species was noted on the site. No birds were seen or heard on the area, and no evidence of nest trees was observed. The habitat on the area is dominated by cypress and Melaleuca sp. Which is not considered to be preferred feeding habitat. The proposed project should have little to no impact on this species. Round-Tailed Muskrat. This species was not observed or detected on the area. The preferred habitat of dense stands of pickerel weed (Pontederia cordata) and maidencane (Panicum hemitomon) do not exist on the area and no marsh habitat exists. The planned development should have little to no impact on this species. Sherman’s Fox Squirrel. This species was not observed, nor were any indications noted on the area. This species is more typically found from the mid panhandle to Tampa to Lake Okeechobee. The preferred habitat for this species is very dry pine-oak stands, which do not exist on the area. The proposed g development should have little to no effect on this species. Snail Kite. This species was not observed on the area. Pomacea paludosa also was not observed while on the area. Also, preferred habitat of sloughs and flats vegetated by sawgrass (Cladium jamaicense) and spikerushes with scattered shrubs and tree islands do not exist on the area. The proposed development should have little to no effect on this species. Snowy Egret. This species was not observed on the area. The property does have a borrow pit on the area with standing water, but it is too deep for a preferred feeding area characteristics. The restoration of vegetation and a hydroperiod to the wetland areas will provide more suitable feeding habitat due to suitable depth. The proposed project should have little to no impacts on this species, and may benefit feeding conditions. Southeastern Kestrel. This species was not observed on the area. Preferred habitat for Southeastern Kestrels (Falco sparverius paulus) requires the presence of snags and mature pine forests to provide 11.D.10 Packet Pg. 2948 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 4 nesting areas. These specific types of habitat association was not observed on the area. The proposed project should have little to no impact on this species. West Indian Manatee. This species was not observed on the area, nor does suitable habitat exist. The proposed development should have little or no effect on this species Wood stork. Wood storks were not observed flying over or utilizing the site. The property does have a borrow pit on the area with standing water, but it is too deep for a preferred feeding area characteristics. The proposed project should have little to no impact on this species. Creation of the surface water management system and detention area may benefit this species by creating preferred feeding habitat. CONCLUSIONS The proposed project’s water management structures should have little to no effect on listed species. If the applicant is allowed to construct dikes and impound and restore the borrow pit area multiple benefits are possible. Habitat utilized by wading bird species would be created. A hydroperiod more conducive to normal wetland functions and plant associations would be created. REFERENCES Brown, L.N. 1978. Mangrove fox squirrel. Pages 5-6, in Rare and Endangered Biota of Florida: Vol. 1, Mammals. J.N. Layne, ed. University Presses of Florida, Gainesville. Conner, R.N. and B.A. Locke. 1982. Fungi and red-cockaded woodpecker cavity trees. Wilson Bull. 94:64-70. Cox, J., D. Inkley, and R. Kautz. 1987.Ecology and habitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large-scale development in Florida. Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 4. Tallahassee, FL. 75pp. Duever, M.J., J.E. Carlson, J.F. Meeder, L.C. Duever, L.H. Gunderson, L.A. Riopelle, T.R. Alexander, R.F. Myers and D.P. Spangler. 1986. The Big Cypress National Preserve. National Audubon Society Research Report No. 8, National Audubon Society, New York, NY. 444.pp. Fitzpatric, J.W., G.E. Woolfenden and M.T. Kopeny. 1991. Ecology and development-related habitat requirements of the Florida scrub jay (Aphelocoma coerulescens coerulescens). Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No. 8. Tallahassee, FL. 49 pp. Hooper, R.G., A.F. Robinson, Jr., and J.A. Jackson. 1980. The red-cockaded woodpecker: notes on life history and management. U.S. Fish and Wildlife Service, Atlanta, GA 8pp. Jackson, J.A. 1977. Red-cockaded woodpeckers and pine red heart disease. Auk. 94:160-163. Jackson, J.A. 1977. Determination of the status of red-cockaded woodpecker colonies. J. Wildl. manage. 41:448-452. 11.D.10 Packet Pg. 2949 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 5 Johnson, K.G., D. Land, and M.A. Lotz. 1996. Annual Performance Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Johnson, K.G., D. Land, and M.A. Lotz. 1997. Annual Performance Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Henry, V.G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the Red- Cockaded Woodpecker. US Fish & Wildlife Service. 13pp. Hillestad, H.O., R.W. Whiteside, J.J. Mayer, J.T. Vermont, J.R. Fudge, IV, A.W. Conger, and B.L Carter. 1989. Wildlife Assessment for Citrus Grove Conversion. Final Report. South Florida Water Management District. West Palm Beach, FL. Hoffman, Mark L.; Collopy, Michael W. 1988. Historical status of the American kestrel (Falco sparverius paulus) in Florida. Wilson Bulletin. 100(1): 91-107. Howell, Arthur H. 1932. Florida bird life. Tallahassee, FL: Florida Department of Game and Fresh Water Fish. 579 p. Kale, H.W. II. 1978. Rare and Endangered Biota of Florida. Vol. 2. Birds. University Presses of Florida, Gainesville. Land, D. 1994. Southwest Florida Black Bear Habitat Use, Distribution Movements, and Conservation Strategy. Final Report. Florida Game and Freshwater Fish Commission. Tallahassee, Florida. Land, D., and S.K. Taylor. 1998. Annual Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Land, D., D. Shindle, D. Singler, and S.K. Taylor. 1999. Annual Report: Florida Panther Genetic Restoration and Management, Study No.7508. Florida Game and Fresh Water Fish Commission. Tallahassee, FL. Liudahl, K., D.J. Belz, L.Carey, R.W. Drew, S. Fisher, and R. Pate. 1998. Soil Survey of Collier County, Florida. Natural Resource Conservation Service, U.S. Dept. of Agriculture, 152 pp. Mazzotti, F.J., L.A. Brandt, L.G. Pearlstine, W.M. Kitchens, T.A. Obreza, F.C. Depkin, N.E. Morris, and C.E. Arnold. 1992. An evaluation of the regional effects of new citrus development on the ecological integrity of wildlife resources in southwest Florida. Final Report. South Florida Water Management District. West Palm Beach, FL 188 pp. Stevenson, H.M. 1978. Bachman’s warbler. pp.13-14. In Rare and endangered biota of Florida: Vol. 2, Birds. H.W. Kale II, ed. University Presses of Florida, Gainesville. Thompson, R. L. and W. W. Baker. 1971. A survey of red-cockaded woodpecker nesting habitat requirements. Pp 170-186. Ecol. and mgmt. red-cockaded woodpecker (R.L. Thompson, ed.), Bur. of Sport Fish. and Wildl. and Tall Timbers Res. Stn., Tallahassee. 11.D.10 Packet Pg. 2950 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Yahl Mulching SFWMD, ERP Application Section E. II. A. Oct. 2002 6 U.S. Fish and Wildlife Service. 1998. Multi-species recovery plan for the threatened and endangered species of South Florida, Volume 1 of 2, The Ecosystem. Technical/Agency Draft; Atlanta, Georgia. U.S. Fish and Wildlife Service. 1995. Second Revision Florida panther (Felis concolor coryi) recovery plan. Prepared by the Florida Panther Interagency Committee for the USFWS, Atlanta, Georgia 75 pp. U.S. Fish and Wildlife Service. 1986. Florida Panther (Felis concolor coryi) Recovery Plan. Prepared by- the Florida Panther interagency Committee for the U.S. Fish and Wildlife Service, Atlanta, GA 88 pp. U.S. Fish and Wildlife Service. 1986. Florida Snail Kite (Rostrhamus sociabilis plumbeus, Ridgeway) Revised Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. 48 pp. U.S. Fish and Wildlife Service. 1986. Recovery plan for 'the U.S. breeding population of the wood stork. U.S. Fish and Wildlife Service, Atlanta, GA 28 pp. U.S. Fish and Wildlife Service. 1985. Red-cockaded woodpecker recovery plan. U.S.Fish and Wildlife Service, Atlanta, GA. 88 pp. U.S. Fish and Wildlife Service. 1982. Eastern indigo snake recovery plan. U.S. Fish and Wildlife Service. Atlanta, GA. 23 pp. Wunderlin, R. P. 1998. Guide to the Vascular Plants of Florida. University Press of Florida, Gainesville. Wunderlin, R.P. B.F. Hansen, and E.L. Bridges. 1996. Atlas of Florida Vascular Plants. Florida Dept. of State. Tallahassee. Submitted by:Michael R. Ramsey Environmental Consulting PO Box 1261 Immokalee, FL 34143 (239) 657.2601 11.D.10 Packet Pg. 2951 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10Packet Pg. 2952Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) PL20190001052/CPSS-2019-7 Sufficiency Review Letter January 9, 2020 provided via email James Golden, P.G. Grove Scientific & Engineering Co. 6140 Edgewater Drive, Suite F Orlando, Florida 32810 Subject: Sufficiency Review of Small-Scale Growth Management Plan Amendment Petition PL20190001052/CPSS-2019-7, proposed to affect uses in the RFMUD Sending Lands Mr. Golden, Pursuant to Resolution No. 12-234, this letter serves to inform you that the above-referenced application has been deemed sufficient to enable Comprehensive Planning staff to conduct their formal reviews. There have been no changes in application materials that have been since (re)submitted to change this determination. This letter advises you only of this sufficiency determination but does not comment or advise on issues or concerns pertaining to the requested amendment. A substantive review is underway and when completed, a formal Staff Report will be prepared. Nothing in this letter is to be construed as advance recommendation supporting approval from reviewing staff, or as approval by the County, of the changes contemplated. Staff will coordinate with you to set dates for a hearing schedule. Once set, please submit, to my attention – eleven (11) complete, assembled GMP amendment petitions ‒ for paper copies, the petition packages need only be banded, 3-hole punched, with no clips or staples, and one (1) CD with all the documents as one large document (not individual documents). A specific deadline to submit these materials will be provided at a later date. [Please note that the Zoning Services Section will notify you separately regarding similar requirements for the companion CU modification petition PL20190000948.] Please be reminded the CCPC and BCC public hearings for this petition have not yet been scheduled. The CCPC and BCC hearings typically begin at 9:00 a.m., and both are held in the BCC Chambers on the 3rd Floor of the W. Harmon Turner Administration Building (Building F), Collier County Government Center, 3299 Tamiami Trail East, Naples. Thank you for your attention to these matters. Sincerely, (signed) Corby Schmidt, AICP Principal Planner cc: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section Nancy Gundlach, AICP, Principal Planner, Zoning Services Section Ray Bellows, Zoning Manager, Zoning Services Section Heidi Ashton-Cicko, Managing Assistant County Attorney PL20190001052, CPSS-2019-7 file G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-7 Yahl Mulching\Suff Rvws\CPSS-19-7 Yahl suff rev lttr3_FNL.docx 11.D.10 Packet Pg. 2953 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 6140 EDGEWATER DRIVE ● SUITE F ● ORLANDO, FLORIDA 32810-4810 PHONE (407)298-2282 ● FAX (407)290-9038 ● www.grovescientific.com December 6, 2019 Mr. Corby Schmidt, AICP Comprehensive Planning Collier County Government Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 Subject: Small Scale Growth Management Plan Amendment Application-Rev. letter Response Yahl Mulching & Recycling, Inc., PL#PL20190001052 2250 Washburn Ave. Naples, Fl 34117 Dear Mr. Schmidt: On behalf of Yahl Mulching & Recycling, Inc., Grove Scientific & Engineering Co. (GSE) is submitting this response to your review letter dated November 20, 2019. Hereafter, we restate your staff comments and respond accordingly. The following comments need to be addressed as noted: Rejected Review: County Attorney Review Reviewed By: Heidi Ashton-Cicko Email: heidi.ashton@colliercountyfl.gov Phone #: (239) 252-8773 Correction Comment 2: Miscellaneous Corrections: Please send to me for approval the final version of staff-approved GMPA text for the resolution/ordinance. Response: The proposed GMPA ordinance language was sent to Corby on Wednesday November 20, 2019, based on the County’s recommended language, see attached draft, Comment 2. Correction Comment 3: Miscellaneous Corrections: Please provide disclosure of ownership of Ventura Yahl, LLC for the CCPC and BCC conflicts checks. Response: A revised ownership disclosure form for Venture is attached, Comment 3. Correction Comment 4: Miscellaneous Corrections: Letter of Authorization: Please state under Jaime Calaf’s signature: “managing member of Ventura Yahl, LLC” Response: Since Mr. Calaf is not an officer of Ventura Yahl, Mr. Orlando Valdes has signed the attached subject form, see Comment 4. 11.D.10 Packet Pg. 2954 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) Page 2 of 2 The following comments are informational and/or may include stipulations: When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Should the applicant desire to schedule a Post Review Project Meeting to help facilitate resolution of any outstanding issues, please schedule through the assigned Planner. Pursuant to FS 125.022, should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re-submittal must be made within 270 days of this letter. Response: Acknowledged. Informational Comments: Transportation Planning Staff Note the Following: The additional machine operation proposed with this GMPA-CU is included with the main operational ITE classification as the previous CU-review. Therefore, a new TIS is not required for this GMPA and CU request. Additionally, the ROW Reservation along the southern boundary remains in-place until requested as part of an eventual north-south collector roadway currently known as Benfield. Response: Acknowledged. We trust that these responses will allow the project review to continue. Please contact us with any questions or comments. Sincerely, Grove Scientific & Engineering Co. James Golden, P.G. V.P., Sr. Project Manager Cc: Jeff Ekiss, Yahl, Jaime Calaf, Ventura; Heidi Ashton-Cicko, Collier Attorney Attachments 11.D.10 Packet Pg. 2955 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) [19-CMP-01060/1538544/1]96 Yahl Recycling GMPA/ PL20190001052 5/4/20 Words underlined are added, words struck through have been deleted. 1 of 3 ORDINANCE NO. 2020-___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES TO ALLOW AN AIR CURTAIN INCINERATOR AS A CONDITIONAL USE IN THE RURAL FRINGE MIXED USE DISTRICT-SENDING LANDS. THE SUBJECT PROPERTY IS LOCATED EAST OF THE NAPLES LANDFILL, NORTH OF I-75 IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF A LESS THAN 3 ACRE PORTION OF THE ENTIRE 28.76± ACRE PROPERTY; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20190001052] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Yahl Mulching and Recycling, Inc. requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series to allow an air curtain incinerator as a conditional use in the Rural Fringe Mixed Use District-Receiving Lands; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and WHEREAS, the Collier County Planning Commission (CCPC) on _______________ considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and CAO 11.D.10 Packet Pg. 2956 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) [19-CMP-01060/1538544/1]96 Yahl Recycling GMPA/ PL20190001052 5/4/20 Words underlined are added, words struck through have been deleted. 2 of 3 WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on ___________________; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text and map amendment are attached hereto as Exhibit “A” and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. CAO 11.D.10 Packet Pg. 2957 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) [19-CMP-01060/1538544/1]96 Yahl Recycling GMPA/ PL20190001052 5/4/20 Words underlined are added, words struck through have been deleted. 3 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _______ day of _________________, 2020. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: _________________________________ Burt L. Saunders, Chairman ATTEST: CRYSTAL K. KINZEL, CLERK ________________________ Deputy Clerk Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Proposed Text Amendment & Map Amendment HFAC 5-4-20 CAO 11.D.10 Packet Pg. 2958 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.10 Packet Pg. 2959 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.10 Packet Pg. 2960 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.10 Packet Pg. 2961 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) CAO 11.D.10 Packet Pg. 2962 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2963 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 11.D.10 Packet Pg. 2964 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) NOTICE OF PUBLIC HEARING Notice is hereby given that the ColUer County Planning Commission will hold a Public meeting on June 16, 2O2O commencing at 9:OO A-M. ln the Board of County Cornmissione6 Chamber, Third Floor, County Goverffnent Center, 3299 East Tamiarnl Trdl, NaPles, FL The purpose of the hea.ing is to considerl AN ORDINA.IICE OF TIIE BOARD OF COI]NTY COMMISSIONERS OF COIIIEX COUNTY, TLORIDA AMENDING ORDINANCE NO. 89.05, AS AMDNDED, TIIf, COLIIER COTINTY GROWTII MANAGEMENT PIJTN FOR THE I'MNCORFOR]ITED AREA OF COLLIER COT'NTY, FII)ruDAs SPECIHCALLY AMENDING THD TUTTJNX I.IIND USE EI,EIIENT AND TUTUR.E I,,IU\TD USE MAP A.ITTD MAP SEruES To AIIOW AN AIR CIJRTAIN INCINER]TIOR A.s A CONDITIONAI, USE IN THE RUNA TRINGE MD'}D USE DISTRICT.SENDING I.A.NDS. TI{E ST,IBIECT PROPERTY IS I,OCATED EAST OT THf, NAPI,ES I.ANDFILL, NORTH OF I-7' IN SECTI-ON 'T, TOWNSHIP 49 SOUTH, NANGE 27 EA-ST, COLIIER COUN:TY, FLORIDA, CONSISTING OTA IISSTIIAII 3 ACRE PORTION OFTHE ENTIRX 24,76t ACRE PROPERTY; AND FI'RTHERMORE, DIN.ECTING TNANSMIMAI- OF THD ADOPTED AMENDMENT TO TIIE FLOruDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVENABILITY A.IID PROVIDING FOR AN ETFECTIVE DATE. TPL2O19OOO1O'2I & A RESOLUTION OF THE BOARD OF ZOMNG APPEALS OF COIIIDR COIJNTY, FLORIDA, AMENDING N.ESOLUTTON NO. 1 1-149 WHICH PROVIDED FOR TIIE ESTAELISHMf,NT OF A CONDITIONAL USD TO AIIOW A COLI,ECTION AND TBANSFEf, SITE FOR RESOIJRCE RECOVERY VTTHIN AN AGRICIIIIT'RAI (A) ZOT\IING DISTRICT, AND WTTHINTHE RURAL FRINGE MIXXD USE DISTRTCT SENDING r.1\r\IDS ZOMNG OVERI.J\Y AND VTnlIN THE NORTH BELLE MEADE ZONING OVERLAY, PURSUANT TO SUBSECTION 2.Or.O1.A.1'c.12 OF THE COLLIEN COI'NTY I.JIND DEVELOPMENT CODE, TO AILOV AN AIR CIJRTAIN INCINENAIOR AS AN ACCESSORY USE TO THE COIITCTION AND TNANSFER SIIT FOR REAOI]RCE RECOYERY USE ()N '1 ACRES OF THE 24.76I ACN.E PROPERTY LOCATED EAST OF THD NAPI,ES LANDrIII, NORTH OF I.7' IN SECTION 'I,TOWNSHIP 49 SOUIII, nANGE 27 DAST, COIlIf,f, COIJNTY, TLORIDA. [PLlOr9(XX)O9'$l Project Location rawford AVE BLVDWhite A[ interesled partiei ate inr'tted to app€ar and be heard. Copies ofthe proposed ORDINANCE & nrsoltmoi *ltt U. made.ratl2bie for tnspection .t the GMD zoninS Dillslon. c,mPrehensiv€ Planninc S€ction, 28OO N. Horseshoe Dr', Nrples, b€tween the hours of 8:00 A.M. and 5:0o PM 'u."a""'trlD"of, faarv. Furthennore, the mitetialg s'il be rnade available for inspec-tiofl at the Col.lie.'Countv"Clerk's ffice, Fourth Floor, Collier county Government Center, 3299 East Temiafid Trail, Suite 40'f Naptes, one week Prior to the scheduled heartng. Any questioos pertainlng to the doco-.rrts should be ditected to the GMD zoning Division, ComPrehen tve Planning &ction- vrinen comments filed with the Cterk to the Board s office Prlor to Juae 15, 2O2o, will be read and considered at the public hearing. As part of an ongoing initiative to Promote socid distaodnS durinS the COvtDl9 pandemic' the'public wil hai€ rh]e opponunity to Prot'lde Public @rnments remotely as well as ifl person. durihc this oroceedlnq. _lhai"iduAs who would like to perticipate remotely. should re8ister ,nr ti?re aftir the arei& is posted on the County er'ebsite u'hich is 6 days b€fore the meeting through the unk pri'vided on $e front page of the crunty website at w*'s/ cgllercoultdl {ov' i"-afri?"ai *h" tlgitt t will receive an e-malil in advance olthe public heerinS.detailinS how-they can oarticioate reriotelv in this meeting. For additional inforEration about the meef'ng. please caU'ihomas Clarke at ( i39) 252-2526 ot an],ail to ccPcRemoteParticioation@ColiercountyFl Sov Anv D€rson who decide! to appeal .ny decision of the Colli€' Coorty PLnntng CoEmttslon wili ieed a record of the go<taxn8r ffiaininS thercto and ther.efore, inay need to ensure that a vetbaom rccord of thc p'roceedtngF 6 fiade, wlfch rccord includes dr€ testimony and evidence upon which the appeal is based. If lou are a Derson with a dtsability who needs any accommodadon in order to particiPate in Gii oro...diiro. rou * entitled. at no cost to you, to the p{ovision of certain assistance' Please contict the co]iier counw Faclllties Management Division, Iocaled at 33J5 Tamjami Trail Easr' iui- iot, Naptes, rl yli2-53r6,1239\ 25r's.]8o' at least rwo davs prior-ro the meeting Assisled listening de!,ices for the hearing imPaircd are al'ailable in the Board of county commissioners Office. Ir!.rk P. Str.in, Chairman Colli€r Crunty Plan rlng comndtrion 5/29/ t.A I FRIDAY, MAY 29,2020 I XAPLES DAILY I{EW3 o 11.D.10 Packet Pg. 2965 Attachment: 9.A.5 PL20190001052 Yahl Recycling GMPA (12706 : Collier County Planning Commission - June 16, 2020) 06/16/2020 COLLIER COUNTY Collier County Planning Commission Item Number: Item Summary: PL20190002545 - An Ordinance of the Board of County Commissioners of Collier County, Florida, Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida; to eliminate the seating limitations and extend the hours of operation for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two – Zoning Districts and Uses, including Section 2.03.09 Open Space Zoning Districts; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy Fra ntz, AICP, LDC Manager] Meeting Date: 06/16/2020 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 06/03/2020 11:22 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 06/03/2020 11:22 AM Approved By: Review: Zoning Ray Bellows Review Item Completed 06/04/2020 10:53 AM Road Maintenance Diane Lynch Review item Completed 06/05/2020 4:04 PM Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 06/05/2020 4:07 PM Growth Management Department James C French Review Item Completed 06/05/2020 4:09 PM Zoning Ray Bellows Review Item Completed 06/05/2020 4:22 PM Planning Commission Mark Strain Meeting Pending 06/16/2020 9:00 AM 11.D.11 Packet Pg. 2966 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) 1 Memorandum To: Collier County Planning Commission (CCPC) From: Jeremy Frantz, LDC Manager Date: May 14, 2020 Re: Amendment to LDC Section 2.03.09 –Restaurant Seating in GC District The attached LDC amendment was previously reviewed by the CCPC on December 3, 2019, and recommended denial of the amendment. At the December 10, 2019, Board meeting, the item was continued, and staff was directed to schedule another hearing with the Planning Commission after a proposal for the Golden Gate Golf Course had been selected. At the January 14, 2020, Board meeting, a proposal for a Public Private Partnership to provide a golf entertainment component at the Golden Gate Golf Course was considered and the vendor proposal selected included a redesign of the existing golf course and the development of Big Shots Golf venue. In the response to the Invitation to Negotiate (No. 20-7689), and during the presentation to the Board, Club Corp representatives identified several key features of the proposed Big Shots Golf venue and design elements including a two-story design, potential site layout, and a potential redesign of the Golden Gate Golf Course were also presented. The presentation made to the Board is included the materials for review. Staff is requesting the Planning Commission’s reconsideration of this LDC amendment with the additional information afforded by the Board’s selection of the proposal to develop a Big Shots Golf venue. 11.D.11 Packet Pg. 2967 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) CUTTING -EDGE GOLF AND ENTERTAINMENT + FOOD & BEVERAGE 11.D.11 Packet Pg. 2968 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2 GOLDEN GATE GOLF COURSE + + 11.D.11 Packet Pg. 2969 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 3 CLUBCORP: THREE INTEGRATED DIVISIONS GOLF & COUNTRY CLUBS BUSINESS, SPORTS AND ALUMNI CLUBS BIGSHOTS GOLF 11.D.11 Packet Pg. 2970 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 4 CLUBCORP: WHO WE ARE »ClubCorp is a leading owner-operator of private golf and country clubs and city clubs in North America. »ClubCorp owns or operates a portfolio of over 200 properties including golf and country clubs, city clubs, sports clubs, and stadium clubs in 27 states, the District of Columbia and two foreign countries. »Iconic clubs include Firestone Country Club, Mission Hills Country Club, Indian Wells Country Club and The Woodlands Country Club. »Host events associated with the PGA Tour, LPGA Tour and Champions Tour. 11.D.11 Packet Pg. 2971 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 5 CLUBCORP: TIMELINE »ClubCorp founded by Robert H. Dedman Sr. on November 11, and construction begins on Brookhaven Country Club 1957 »KSL acquires ClubCorp2006 »ClubCorp Holdings, Inc. becomes a publicly traded company on the New York Stock Exchange (NYSE: MYCC) 2013 »ClubCorp is acquired by Apollo Global Management2017 »ClubCorp acquires majority interest in BigShots Golf2018 11.D.11 Packet Pg. 2972 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 6 BIGSHOTS GOLF: WHO WE ARE »BigShots Golf is a high tech, high touch golf and entertainment company powered by proprietary technology and owned by ClubCorp. »Venues feature indoor and outdoor lounge seating, bar areas and private event spaces, providing the ideal atmosphere to host games, gatherings and neighborhood outings. »BigShots Golf brings golf, fun and games to everyone. »BigShots Vero Beach opened Q4 2018. Six additional sites anticipated under construction in 2020 11.D.11 Packet Pg. 2973 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 7 BIGSHOTS GOLF AT GOLDEN GATE GOLF COURSE ClubCorp has proposed building a state-of-the-art BigShots Golf venue and redesigning Golden Gate Golf Course Key features include: GOLDEN GATE GOLF COURSE »12-hole golf course incorporating portions of the original Gold Gate Golf Course »Reduced greens fees to residents – premium pricing for non-residents »Preferred access and partnership with The First Tee »Land use redesigned to accommodate workforce housing or a veterans nursing home BIGSHOTS GOLF »52 hitting bays »200+ TVs »200+ full-service dining seats, two F&B areas, private event space and patio »Friendly, high-tech design »Private dining on first floor and flexible private event space on second floor »Food and beverage service in the bays »Putting course around patio and outdoor space 11.D.11 Packet Pg. 2974 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 8 BIGSHOTS GOLF: GOLDEN GATE GC REDESIGN 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 ORIGINAL 18 1 2 3 4 5 6 7 8 9 10 11 12 REROUTED 12 11.D.11 Packet Pg. 2975 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 9 BIGSHOTS GOLF: TWO STORY DESIGN 11.D.11 Packet Pg. 2976 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 10 BIGSHOTS GOLF: TWO STORY DESIGN 11.D.11 Packet Pg. 2977 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 11 BIGSHOTS GOLF: TWO STORY DESIGN 11.D.11 Packet Pg. 2978 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 12 BIGSHOTS GOLF: THE BAY EXPERIENCE ADJUSTABLE TVs AUTOMATIC BALL DISPENSER SOCIAL SEATING GAMING TERMINAL DOPPLER TRACKERCLUB STORAGE CLIMATE ADJUSTED 11.D.11 Packet Pg. 2979 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 13 BIGSHOTS GOLF: GAMING + SOCIAL IN-BAY DINING AND DRINK SERVICE FULL-SERVICE BAR AND RESTAURANTPINBALL KNOCKOUT ISLANDS 11.D.11 Packet Pg. 2980 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 14 BIGSHOTS GOLF: VERO BEACH 11.D.11 Packet Pg. 2981 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 15 BIGSHOTS GOLF: VERO BEACH 11.D.11 Packet Pg. 2982 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 16 BIGSHOTS GOLF: VERO BEACH 11.D.11 Packet Pg. 2983 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 17 RANDALL COUSINS Senior Vice President, BigShots Golf | ClubCorp Office: 972.888.6267 Email: randall.cousins@clubcorp.com PATTY JERDE Communications Manager, ClubCorp Office: 972.888.7790 Email: patty.jerde@clubcorp.com Main: 972.243.6191 Websites: www.clubcorp.com | www.bigshotsgolf.com 11.D.11 Packet Pg. 2984 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, PLAY ON 11.D.11 Packet Pg. 2985 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 1 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20190002545 SUMMARY OF AMENDMENT This amendment eliminates seating limitations and expands the hours of operations for restaurants within the Golf Course and Recreational Use District (GC), when located within the Golden Gate City Economic Development Zone. LDC SECTION TO BE AMENDED 2.03.09 Open Space Zoning Districts ORIGIN Board of County Commissioners HEARING DATES BCC 07/14/2020 12/10/2019 CCPC 06/11/2020 12/03/2019 DSAC 12/04/2019 DSAC-LDR N/A ADVISORY BOARD RECOMMENDATIONS DSAC-LDR N/A DSAC Denial CCPC Denial BACKGROUND During a discussion regarding a proposed public private partnership (P3) to provide golf and other complimentary experiential opportunities on the Golden Gate Golf Course property on October 22, 2019, the Board of County Commissioners (Board) directed staff to draft an ordinance to eliminate the seating limitations on restaurants in the Golf Course Zoning District within the Golden Gate City area. Then, during commissioner communications on November 12, 2019, the Board also acknowledged the need to extend the hours of operation. Some of the goals included in the Invitation to Negotiate for the proposed P3 include the development of “complimentary experiential opportunities such as miniature golf, modern driving range, quality food and beverage services, and community space” (See Agenda Item 11.C). Golf courses operations have undergone changes in recent years in response to declines in participation in the sport, especially among younger generations. This has led to innovation in the industry so that the modern golf experience includes a variety of family-oriented golf experiences, such as community spaces open to more of the public, driving ranges, and food service at restaurants that are larger than have historically been associated with golf courses (See examples of regional or national modern golf experiences in Exhibit A). Additionally, several restaurants associated with golf courses throughout Collier County have opened to the public, rather than limiting their service to club members. The proposed amendment removes the 150-seat limitation and extends the hours of operations from 10:00 p.m. to 12:00 a.m. for restaurants that are accessory to a permitted use in the Golf Course and Recreational Use District “GC” within the Golden Gate City Economic Development Zone (See Exhibit B). The seating limitation and hours of operation were originally added to the LDC in Ordinance 92-73. This amendment does not make any changes to the site design or development standards applicable to the GC district. Additionally, LDC section 5.05.15 B states that, “where a permitted, accessory, or conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC),” the standards in LDC section 5.05.15 H would also apply. See Exhibit C for development standards applicable in the GC Zoning District. 11.D.11 Packet Pg. 2986 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) 2 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx The Golden Gate City Economic Development Zone was established in Ordinance 2018-56 when the Board designated the Golden Gate City area as a target for economic development. Expanding the allowance for larger restaurants that are accessory to a golf course will support both the operation of the golf course as well as the larger economic development and redevelopment goals for the Golden Gate City Area. Public Information Meeting On October 31, 2019, while discussing the CCPC’s review schedule for this amendment, the CCPC requested that staff reach out to the community surrounding the Golden Gate Golf Course to alert the community to the change. As a result, a Public Information Meeting was held on Monday, November 18, 2019 at 5:30 p.m., in the Golden Gate Community Center. See Exhibit D for a summary of the meeting. Planning Commission Recommendation The Planning Commission reviewed the amendment on December 3, 2019, and unanimously recommended denial. The Planning Commission stated that the LDC amendment is not the appropriate process to identify new uses for the Golden Gate Golf Course property and that a master planning process or Planned Unit Development process should be used instead. Furthermore, the Planning Commission recommended that the Board of County Commissioners instead utilize the advisory board that was called for by the Golden Gate City Economic Development Zone Ordinance (Ord. 2018-56) to vet future development plans for the Golden Gate Golf Course. FISCAL & OPERATIONAL IMPACTS There are no anticipated fiscal or operational impacts associated with this amendment. This amendment will support the Board’s goal of continued operation of the Golden Gate Golf Course through the ITN process and redevelopment in the area. GMP CONSISTENCY The proposed LDC amendment has been reviewed by Comprehensive Planning staff and may be deemed consistent with the GMP. EXHIBITS: A) Modern Golf Experience Examples, B) Ordinance 2018-56, C) Development Standards in GC Zoning, D) Public Information Meeting Summary 11.D.11 Packet Pg. 2987 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Amend the LDC as follows: 2.03.09 - Open Space Zoning Districts 1 2 A. Golf Course and Recreational Use District "GC". The purpose and intent of "GC" district 3 is to provide lands for golf courses, recreational uses, and normal accessory uses, 4 including certain uses of a commercial nature. Recreational uses should be compatible in 5 scale and manner with residential land uses. The GC district shall be in accordance with 6 the urban mixed use district and the agricultural/rural mixed use district of the future land 7 use element of the Collier County GMP. All uses shall be subject to design standards 8 established in LDC section 5.05.15 H, and other applicable LDC standards. 9 10 1. The following subsections identify the uses that are permissible by right and the 11 uses that are allowable as accessory or conditional uses in the GC district. 12 13 a. Permitted uses. 14 15 1. Golf courses. 16 17 2. Hiking trails, walkways, multi-use paths and observation decks. 18 19 3. Passive recreation areas. 20 21 4. Disc golf. 22 23 b. Accessory uses. 24 25 1. Uses and structures that are accessory and incidental to uses 26 permitted as of right in the GC district. 27 28 2. Recreational facilities that serve as an integral part of a golf course 29 use, including but not limited to clubhouse, community center 30 building, practice driving range, shuffleboard courts, swimming 31 pools and tennis facilities, snack shops and restrooms. 32 33 3. Pro shops with equipment sales, no greater than 1,000 square feet, 34 associated with a golf course. 35 36 4. Restaurants, associated with a golf course, with a seating capacity 37 of 150 seats or less, provided that the hours of operation are no 38 later than 10:00 p.m. However, the seating capacity shall not apply, 39 and the hours of operation may be extended to 12:00 a.m., within 40 the Golden Gate City Economic Development Zone. 41 42 5. A maximum of two residential dwellings units for use by golf course 43 employees in conjunction with the operation of the golf course. 44 45 6. Maintenance buildings. 46 47 11.D.11 Packet Pg. 2988 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx c. Conditional uses. The following uses are permissible as conditional uses 1 in the GC district, subject to the standards and provisions established in 2 LDC section 10.08.00. 3 4 1. Commercial establishments oriented to the golf course including gift 5 shops; pro shops with equipment sales in excess of 1,000 square 6 feet; restaurants with seating capacity of greater than 150 seats 7 outside the Golden Gate City Economic Development Zone; 8 cocktail lounges, and similar uses, primarily intended to serve 9 patrons of the golf course. 10 11 2. Cemeteries and memorial gardens. 12 13 3. Equestrian facilities, including any trails, no closer than 500 feet to 14 residential uses. 15 16 4. Museums. 17 18 5. Water related activities, including non-motorized boating, boat 19 ramps, docks, and fishing piers. 20 21 6. Courts, including bocce ball, basketball, handball, pickle ball, 22 tennis, and racquetball. 23 24 7. Neighborhood fitness and community centers. 25 26 8. Parks and playgrounds. 27 28 9. Pools, indoor or outdoor. 29 30 10. Botanical gardens. 31 32 11. Any other recreational use which is compatible in nature with the 33 foregoing uses as determined by the Hearing Examiner or Board of 34 Zoning Appeals, as applicable. 35 36 # # # # # # # # # # # # # 37 11.D.11 Packet Pg. 2989 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit A – Modern Golf Experience Examples 5 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Top Golf: Source: Screen captures from www.swingsuite.topgolf.com and https://cdn.topgolf.com/assets/galleries/50934/5500_edison-Single-Bay-01.jpg 11.D.11 Packet Pg. 2990 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit A – Modern Golf Experience Examples 6 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Pop Stroke Source: Screen captures from www.popstroke.com 11.D.11 Packet Pg. 2991 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit A – Modern Golf Experience Examples 7 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Big Shots Golf Screen captures from: www.bigshotsgolf.com 11.D.11 Packet Pg. 2992 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit B – Ordinance 2018-56 8 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 11.D.11 Packet Pg. 2993 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit B – Ordinance 2018-56 9 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 11.D.11 Packet Pg. 2994 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit B – Ordinance 2018-56 10 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 11.D.11 Packet Pg. 2995 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit B – Ordinance 2018-56 11 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 11.D.11 Packet Pg. 2996 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit B – Ordinance 2018-56 12 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 11.D.11Packet Pg. 2997Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, Exhibit C – Development Standards in GC Zoning 13 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 4.02.01 – Dimensional Standards for Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. Zoning District Minimum Lot Area (square feet) Minimum Lot Width (linear feet) Maximum Building Coverage (%) GC None None None * * * * * * * * * * * * * Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. Zoning District Maximum Building Height (feet) Minimum Distance Between Buildings Minimum Floor Area of Buildings (square feet) Floor Area Ratio (%) GC 35 None None None * * * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. Zoning district Minimum Front Yard (feet) Minimum Side Yard (feet) Minimum Rear Yard (feet) Public School Requirements GC None None None # # # # # # # # # # # # # 4.02.03 - Specific Standards for Location of Accessory Buildings and Structures A. For the purposes of this section, in order to determine yard requirements, the term " accessory structure " shall include detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or building containing the accessory use to the principal use structure or building. Accessory buildings and structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the following setbacks and building separations. B. Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all residential zoning districts, or occupy an area greater than forty (40) percent of any building envelope (i.e., area of lot remaining for building purposes after accounting for required setbacks), whichever is the lesser, provided the total maximum coverage provision of this ordinance for all principal and accessory buildings is not exceeded. Nothing herein contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square feet provided all yard and building spacing requirements can be met. C. All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts mus t meet principal structure setbacks. For accessory structures related to the keeping of animals and livestock in these districts, see LDC section 4.02.07. 11.D.11 Packet Pg. 2998 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit C – Development Standards in GC Zoning 14 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx D. Table of dimensional standards for accessory buildings and structures in zoning districts other t han Rural Agricultural (A) and Estates (E): Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Non-Waterfront Lots and Non- Golf Course Lots Attached porch SPS 10 feet SPS N/A Carports (commercial, industrial, and multi-family) 1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS 10 feet SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet One-story and multi-story parking structures SPS SPS SPS 1/1 2 with a minimum of 10 feet Parking garage (one- and two-family) SPS 10 feet SPS 10 feet Permanent emergency generators 1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two-family) SPS 10 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (one- and two-family) SPS 15 feet SPS 10 feet Tennis courts (multi-family, and commercial) SPS 20 feet 15 feet 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS 10 feet SPS 10 feet 11.D.11 Packet Pg. 2999 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit C – Development Standards in GC Zoning 15 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Waterfront Lots and Golf Course Lots 3 Attached porch where floor or deck of porch are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS SPS Attached porch where floor or deck of porch are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS SPS Boat slips and ramps (private) N/A N/A 7.5 feet N/A Boathouses and boat shelters (private) SPS N/A See LDC sections 5.03.06 E and F 10 feet Carports (commercial, industrial, and multi-family) 1 SPS SPS SPS 10 feet Carports (one- and two-family) SPS SPS SPS 10 feet Chickee, barbecue areas SPS 10 feet SPS 10 feet Davits, hoists, and lifts N/A N/A See LDC sections 5.03.06 E and F None Docks, decks, and mooring pilings N/A N/A See LDC sections 5.03.06 E and F N/A Golf clubhouse and maintenance buildings 4 50 feet 50 feet 50 feet N/A One-story and multi-story parking structures SPS SPS SPS 1/1 2 with a minimum of 10 feet Parking garage (one- and two-family) SPS SPS SPS 10 feet 11.D.11 Packet Pg. 3000 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit C – Development Standards in GC Zoning 16 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Location Accessory Building/Structure Setbacks Front Rear Side Structure to Structure (If Detached) Permanent emergency generators 1 Not permitted in front of building 10 feet SPS N/A Satellite dish antennas Not permitted in front of building 15 feet SPS 10 feet Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: Seven feet in height or less above the top of seawall with a maximum of four feet of stem wall exposure • In all other areas: Four feet in height or less above top of seawall or top of bank SPS 10 feet SPS None Swimming pool and/or screen enclosure (one- and two-family) where swimming pool decks are: • In Isles of Capri: More than seven feet in height above the top of seawall or with more than four feet of stem wall exposure • In all other areas: More than four feet in height above top of seawall or top of bank SPS 20 feet SPS None Swimming pool (multi-family and commercial) SPS 20 feet 15 feet None Tennis courts (private) (one- and two- family) SPS 15 feet SPS 10 feet Tennis courts (multi-family and commercial) SPS 35 feet SPS 20 feet Trellises, arbors, and similar structures that do not exceed the maximum fence height in LDC section 5.03.02 None None None None Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02 SPS 10 feet SPS None Unlisted accessory SPS SPS SPS 10 feet Utility buildings SPS SPS 10 feet 10 feet Notes: SPS = Calculated same as principal structure for the zoning district. 1 See LDC section 4.02.01 D for exemptions and exclusions from required yards. 11.D.11 Packet Pg. 3001 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit C – Development Standards in GC Zoning 17 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx 2 1 foot of accessory height = 1 foot of building separation. 3 In those cases where the coastal construction control line is involved, the coastal construction control line will apply. 4 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of separately platted buffer tracts. # # # # # # # # # # # # # 4.02.08 – Outside Lighting Requirements A. Lights on golf courses shall be located and designed so that no light is aimed directly toward property designated residential, which is located within 200 feet of the source of the light. B. Specific height requirements in zoning districts. 1. GC—Twenty-five (25) feet 2. C-1—Twenty-five (25) feet 3. CF—Twenty-five (25) feet # # # # # # # # # # # # # 5.05.15 – Conversion of Golf Courses * * * * * * * * * * * * * H. Design standards for lands converted from a golf course or for a permitted use within the GC zoning district shall be subject to the following design standards. 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the SOMs and the public hearings, as applicable. 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a minimum average50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location. 11.D.11 Packet Pg. 3002 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit D – Public Information Meeting Summary 18 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx Public Information Meeting Date & Time: Monday, November 18, 2019 - 5:30 p.m. Location: Golden Gate Community Center. The County provided notice of the public meeting through the placement of Variable Message Signs on Golden Gate Boulevard and mailed notice to property owners within 1,000 feet of the GC zoning district within the Golden Gate City Economic Development Zone. A copy of the letter is attached. County staff counted more than 125 members of the public in attendance, however, not all signed the attendance sheet. Sign-in sheets are attached. At the meeting, County Staff provided a summary of the proposed LDC amendment, distributed comment cards, responded to questions and comments, and provided a schedule of the upcoming public meeting dates. A copy of the PowerPoint presentation is attached. The following comments, concerns, or suggestions were made by those in attendance: • The desire to see the golf course maintained and continue to operate for the community’s benefit. • Requests to have a more complete understanding of the County’s ultimate plans for the golf course. • Concerns about the addition of new commercial uses on the Golf Course property. • Concerns about the compatibility of new experiential or modern golf experiences with the established neighborhood. • Concerns about increases in traffic, noise, and lights, and the impact on infrastructure and surrounding property values. • Concerns about existing commercial businesses in the area. • The suggestion to include a maximum number of seats for restaurants. • The suggestion that the amendment is premature and should be addressed at the time when there is a complete plan for the property. • Questions regarding impacts to water and sewer systems. • Questions about whether other uses would now be open until midnight. • Objections to potential noise and lighting from new uses. Comment cards were passed out during the meeting to allow for additional written comments and the ability to indicate support, opposition, or no opinion about the proposed amendment to eliminate seating limitations and expand hours of operation for restaurants that are accessory to a golf course. Copies of the comment cards that were returned are provided by separate attachment. Of 100 comment cards that were passed out, 65 were returned. The written comments were as follows: • 57 indicated opposition to the amendment (when additional comments were provided, the following comments were registered): o Vendors would have the ability to request changes later (through the conditional use process), making this change unnecessary. o The golf course should remain as green space. o Increased congestion and noise. o Impacts to privacy and safety. o Impacts from lights or noise from music outside the building. o The desire to see the golf course continue to operate. o Impacts to water quality. o The need for more information about future plans for the golf course. 11.D.11 Packet Pg. 3003 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020) Exhibit D – Public Information Meeting Summary 19 L:\LDC Amendments\Current Work\Restaurant Seating in GC District (PL20190002545)\Drafts\2.03.09 Open Space Zoning District 6-3-20.docx o Incompatibility with the surrounding development and way of life. o Misunderstandings about the reason for the meeting. o The proposed change would be incompatible with surrounding senior living. o Concerns about density and the compatibility of adding a bar or restaurant to the area. o Concerns about impacts to property values. o Concerns about impacts to infrastructure such as water, roads, schools, and traffic. o The desire for a maximum number of seats. o Expectations for the golf course when homeowners purchased their homes. o The absence of a need for this type of development. o The need for more information to make a decision. o The suggestion to refurbish the course, and manage it as a golf course. • Five comment cards indicated support for the amendment: o All of which indicate that support was predicated on continuing to use the property for a golf course. • Three comment cards indicated no opinion: o Two indicated there was insufficient information about what is planned for the property. o One indicated the desire to see golf first. The meeting concluded with a review of the upcoming public hearing dates. Attachments: Letter to Property Owners Sign-in Sheets Staff presentation Comment Cards 11.D.11 Packet Pg. 3004 Attachment: 9.A.6 Restaurant Seating GC District (12706 : Collier County Planning Commission - June 16, 2020)