Agenda 11/17/2022
Collier County Planning Commission Page 1 Printed 11/10/2022
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
November 17, 2022
9: 00 AM
Edwin Fryer- Chairman
Joseph Schmitt, Environmental - Vice-Chair
Paul Shea, Environmental - Secretary
Christopher Vernon
Robert Klucik, Jr.
Randy Sparrazza
Commission District 3 - Vacant
Amy Lockhart, Collier County School Board
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.
November 2022
Collier County Planning Commission Page 2 Printed 11/10/2022
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Planning Commission Absences
5. Approval of Minutes
A. October 20, 2022 Meeting Minutes
6. BCC Report - Recaps
7. Chairman's Report
8. Consent Agenda
9. Public Hearings
A. Advertised
1. *** This Item was Continued from the 10/6/2022 CCPC Meeting to the 10/20/2022
CCPC Meeting, further continued to the 11/3/2022 CCPC Meeting and has now
been continued to the 11/17/2022 CCPC Meeting*** PL20220002807 - Growth
Management Plan Amendment (GMPA) - Collier County Behavioral Health Center
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 Urban Golden Gate Estates Sub-Element of the Golden
Gate Area Master Plan Element to allow planned unit development rezoning and
certain preservation requirements in the Golden Gate Parkway Institutional
Subdistrict, an aggregate of 16.3± acres located on the north side of Golden Gate
Parkway approximately ½ mile west of Santa Barbara Boulevard in Section 29,
Township 49 South, Range 26 East, Collier County, Florida; 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 Item PL20220002221] [Coordinator: Parker Klopf, Senior
Planner]
November 2022
Collier County Planning Commission Page 3 Printed 11/10/2022
2. *** This Item was Continued from the 10/6/2022 CCPC Meeting to the 10/20/2022
CCPC Meeting, further continued to the 11/3/2022 CCPC Meeting and has now
been continued to the 11/17/22 CCPC Meeting*** PL20220002221 - Collier County
Behavioral Health Center CFPUD (PUDZ) - 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 an Estates (E)
Zoning District within the Corridor Management Overlay District (CMO) to a
Community Facilities Planned Unit Development (CFPUD) within the Corridor
Management Overlay District (CMO) for a project to be known as Collier County
Behavioral Health Center Community Facilities Planned Unit Development to allow
a 64,000 square foot maximum group care facility with up to 102 patient beds on
property located on the north side of Golden Gate Parkway and 1/2 mile west of
Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier
County, Florida, consisting of 5.15+/- acres; and by providing an effective date.
(Companion item PL20220002807) [Coordinator: Timothy Finn, AICP, Principal
Planner]
3. PL20210001253 - ShadowWood (PUDA) - Wing South Air Park - An Ordinance of
the Board of County Commissioners of Collier County, Florida amending
Ordinance Number 82-49, as amended, the Shadowwood Planned Unit Development
(PUD), by amending the master plan to add a potential roadway interconnection
from Tract E to the proposed Sandy Lane Residential Planned Unit Development to
the north which if approved, will replace the roadway connection to Polly Avenue;
by adding roadway, signage and model home deviations and by revising developer
commitments. The subject property consisting of 77.99± acres is part of the 168.10±
acre PUD located at the Wing South Air Park, east of Santa Barbara Boulevard
between Davis Boulevard and Rattlesnake-Hammock Road, in Section 16, Township
50 South, Range 26 East, Collier County, Florida. (Companion item
PL20200001208) [Coordinator: Timothy Finn, AICP, Principal Planner]
4. PL20200001208 - Sandy Lane RPUD (PUDZ) -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 an
Agricultural (A) Zoning District to a Residential Planned Unit Development
(RPUD) Zoning District for the project to be known as Sandy Lane RPUD, to allow
construction of up to 640 dwelling units on property located east of Santa Barbara
Boulevard approximately one-half mile south of Davis Boulevard between
Seychelles Drive and Polly Avenue, in Section 9, Township 50 South, Range 26 East,
consisting of 113.97± acres; and by providing an effective date. (Companion item
PL20210001253) [Coordinator: Timothy Finn, AICP, Principal Planner]
B. Noticed
10. Old Business
11. New Business
November 2022
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12. Public Comment
13. Adjourn
11/17/2022
COLLIER COUNTY
Collier County Planning Commission
Item Number: 5.A
Doc ID: 23878
Item Summary: October 20, 2022 Meeting Minutes
Meeting Date: 11/17/2022
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
11/08/2022 3:55 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/08/2022 3:55 PM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 11/08/2022 3:56 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed
11/08/2022 4:24 PM
Zoning Ray Bellows Review Item Completed 11/09/2022 11:36 AM
Zoning Diane Lynch Review Item Skipped 11/09/2022 11:38 AM
Zoning Mike Bosi Division Director Completed 11/09/2022 1:02 PM
Growth Management Department James C French GMD Deputy Dept Head Completed 11/09/2022 11:52 PM
Planning Commission Ray Bellows Meeting Pending 11/17/2022 9:00 AM
5.A
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
October 20, 2022
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:
Edwin Fryer, Chairman
Joe Schmitt
Paul Shea
Robert L. Klucik, Jr.
Christopher T. Vernon
Randy Sparrazza
Amy Lockhart, Collier County School Board Representative
ALSO PRESENT:
Raymond V. Bellows, Zoning Manager
Mike Bosi, Planning and Zoning Director
Heidi Ashton-Cicko, Managing Assistant County Attorney
Derek Perry, County Attorney's Office
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P R O C E E D I N G S
MR. BOSI: Chair, you have a live mic.
CHAIRMAN FRYER: Thank you, Mr. Bosi.
Good morning, everyone.
Will the October 20, 2022, meeting of the Collier County Planning Commission
please come to order.
I ask that everyone please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FRYER: Warm welcome on behalf of the Planning Commission to our
newest member, Randy Sparrazza. I've asked Randy to sit next to me so that I can help with
orientation, but already I don't think that's going to be necessary. I think Randy's going to do
a great job.
COMMISSIONER SPARRAZZA: Thank you, sir.
CHAIRMAN FRYER: And I've asked him to say just a word or two about himself.
Randy, please. You might have to pull that mic a little close.
COMMISSIONER SPARRAZZA: All right.
Good morning. Thank you. It is a pleasure and an honor to be nominated to this
board. I have been coming to Naples for about 30 years, full-time resident for the last five.
I'm looking forward to being part of this community and helping in any way that I can.
Thank you, Chairman.
CHAIRMAN FRYER: Warm welcome to you, sir. Thank you.
In the absence of a secretary, I'll call the roll starting with Ms. Lockhart.
MS. LOCKHART: Here.
CHAIRMAN FRYER: Thank you.
Commissioner Shea?
COMMISSIONER SHEA: Here.
CHAIRMAN FRYER: Commissioner Vernon?
COMMISSIONER VERNON: Here.
CHAIRMAN FRYER: I'm up here.
Commissioner Sparrazza?
COMMISSIONER SPARRAZZA: Present.
CHAIRMAN FRYER: Commissioner Schmitt?
COMMISSIONER SCHMITT: Here.
CHAIRMAN FRYER: And, Commissioner Klucik?
COMMISSIONER KLUCIK: Present.
CHAIRMAN FRYER: We have a quorum of six.
Addenda to the agenda, Mr. Bellows, if any.
MR. BELLOWS: Good morning, Mr. Chairman.
We don't have any changes to the agenda today.
CHAIRMAN FRYER: Thank you.
Planning Commission absences. Our next meeting is going to be on November 3rd,
2022. Does anyone know if he or she cannot be in attendance at that meeting?
COMMISSIONER SCHMITT: I will not be in attendance. I'm traveling that day.
CHAIRMAN FRYER: Okay, Commissioner. Noted. Of course, that will be
excused.
So we'll have a quorum, and we may --
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COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: Yes.
COMMISSIONER KLUCIK: I will probably be attending remotely, you know, with
the permission -- or with the approval of my colleagues. We have a wedding that Saturday,
so our house is full, and we're going a million miles an hour trying to get ready for it, so...
CHAIRMAN FRYER: Okay, good. Thank you for letting us know.
COMMISSIONER VERNON: And I have a hearing that morning. I may not be
able to be here till noon. I'll try to be in --
CHAIRMAN FRYER: That takes us down to four.
COMMISSIONER SHEA: We don't have a quorum.
CHAIRMAN FRYER: We're not going to have a quorum.
COMMISSIONER KLUCIK: Well, I'm happy to come in if I would have to create a
quorum.
CHAIRMAN FRYER: Well, I think we're going to need you to come in
Commissioner Klucik, because we'd need four people physically present.
COMMISSIONER KLUCIK: Okay.
COMMISSIONER VERNON: And maybe we can touch base, because my hearing
may get -- we may resolve it pre-hearing.
CHAIRMAN FRYER: Well, if you do, let Mr. Bosi know, and then Mr. Bosi will let
Mr. Klucik know.
COMMISSIONER VERNON: So you don't have to come in.
COMMISSIONER SCHMITT: What's on the agenda for that meeting?
CHAIRMAN FRYER: There's a lot.
COMMISSIONER SCHMITT: A lot? Because all this was --
MR. BOSI: It's a full day.
CHAIRMAN FRYER: It's everything that was moved back.
MR. BOSI: We have a small-scale GMP amendment as well as a CPUD related to
Everglades Equipment Group. We have a pretty controversial rezone of -- Maple Lane
rezone. The AUIR is on the agenda as well as Mediterra PUD. It's a full day.
COMMISSIONER KLUCIK: And I certainly wouldn't want to get in the way of that.
If it means that I would need to be present, I certainly understand why.
CHAIRMAN FRYER: Thank you. I appreciate your flexibility on that.
Unfortunately, as I mentioned, we do have to have four commissioners physically present in
order to have a --
COMMISSIONER SHEA: So is the quorum based on the seven total?
CHAIRMAN FRYER: Yeah.
COMMISSIONER SHEA: Are we close to getting a seventh?
CHAIRMAN FRYER: Well, I don't know.
COMMISSIONER SHEA: Because we're having a -- we're automatically down one.
CHAIRMAN FRYER: I answered too quickly. The quorum right now for action is
six because we're a commission of six.
COMMISSIONER SHEA: Okay. You sure?
CHAIRMAN FRYER: Well, yeah.
MS. ASHTON: No.
COMMISSIONER SHEA: Because on the Housing Commission, it's based on the
total number. If you're down four, you still have to get a quorum of the 11.
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MS. ASHTON: Yeah, it's a quorum of four.
CHAIRMAN FRYER: Yeah, a physical quorum of four.
MS. ASHTON: Correct.
CHAIRMAN FRYER: I think that's what I was saying.
COMMISSIONER KLUCIK: Regardless of whether we have a vacancy?
CHAIRMAN FRYER: Yeah.
COMMISSIONER SHEA: Exactly.
CHAIRMAN FRYER: Right. Now, you know, if we're -- if we're running at only
four people, we would need all four people to carry the matter because, you know, three
doesn't carry it. It's not a majority of the quorum. It has to be a majority of what would be
full Planning Commission.
Okay. I'll ask the same question -- and I'll ask Mr. Bosi to keep me posted.
COMMISSIONER KLUCIK: Mr. Chairman, just -- are you saying that if we only
have five people present and a matter passes 3-2, that doesn't count as passing?
CHAIRMAN FRYER: That's correct. If it's an LDC amendment, it would not pass.
COMMISSIONER KLUCIK: Is that -- I mean, is the attorney -- is that accurate?
MS. ASHTON: If the vote was 2-2, we would tell them what your recommendation
was, what the motion was but that it passed. So, essentially, you know, there's not really a
recommendation.
COMMISSIONER KLUCIK: No. I'm saying if it passes 3-2. The Chairman said
we have to have four for anything to be --
MS. ASHTON: Okay. This body makes recommendations, so it's the Board that has
the heightened vote. It's not for the Planning Commission.
COMMISSIONER KLUCIK: Oh, okay.
MS. ASHTON: So it would just be majority vote of the quorum.
CHAIRMAN FRYER: Okay. All right. But if we have -- like, for instance, in One
Naples, we had 3-3, and that was considered no recommendation.
MS. ASHTON: Yes, but I believe that the executive summary set forth what the
votes were and what the discussion was and then indicated that the vote failed. So they did
have some information on what transpired.
CHAIRMAN FRYER: Yeah. I think we're all saying the same thing.
All right. I'll ask the same question about future meetings with respect to the one
following November 3rd, and that's November 17. Does anyone know if he or she will not
be able to attend that one?
COMMISSIONER VERNON: I will be out of state.
CHAIRMAN FRYER: Okay. Thank you. Anyone else?
(No response.)
CHAIRMAN FRYER: Your absence, of course, will be excused.
Do we have a status report on Commissioner Saunders' progress toward appointing a
new planning commissioner?
MR. BOSI: I reviewed the agenda for the 25th of October, next Tuesday's meeting,
and the item was not on, so it has not been -- a member has not been selected, I guess, from
Commissioner Saunders' office yet.
CHAIRMAN FRYER: Now, in the case of Commissioner LoCastro's appointment,
that was put on at the last minute so it didn't show up within a week, and so maybe
Commissioner Saunders could do the same thing.
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MR. BOSI: And like I said, I'll have to check, and I will most certainly let the
Planning Commission know.
CHAIRMAN FRYER: Yeah. Okay, good. Well, we'd like to get up to full
strength if we can.
All right. So we come to approval of minutes, and we have four sets of minutes in
front of us. We have those of our August 18, 2022, first and second sessions. Those were
separate minutes, and then those of our September 1, 2022, first and second sessions, so a
total of four sets of minutes. Do we need to act upon them separately?
(No response.)
CHAIRMAN FRYER: If not, I'd entertain a motion of approval.
COMMISSIONER SCHMITT: I make a motion to approve.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor of approving all four of those sets of
minutes, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously. Thank you.
BCC report and recaps, Mr. Bellows.
MR. BELLOWS: On October 11th, the Board of County Commissioners approved
the PUD rezone for Ariva -- Ariva Plaza, and that was on their summary agenda.
CHAIRMAN FRYER: Okay. Thank you very much.
Chairman's report, I have none today.
Consent agenda, there is nothing before us on consent for today, so we go right into
public hearings.
Advertised -- oh, yes, Commissioner, go ahead.
COMMISSIONER SCHMITT: Mr. Chairman, for the record, I just want to make a
statement regarding the petition that came before us and the minutes that were posted, that
was the Isles of Capri, and the vote. It was my understanding -- it was brought to my
attention that there was some residents of Isles of Capri who raised an issue about basically
questioning whether I should have recused myself from voting.
I noted clear for the record that I am a resident of Fiddler's Creek. Fiddler's Creek is a
4,000-acre community zoned for 6,000 units. There's approximately 3,000 homesites on
Fiddler's Creek, one of which I live in.
I made it clear on the record that I have nothing to do with the Foundation. I have
nothing to do with the Tarpon Club, the yacht club, whatever you want to call it, or anything
to do with regards to the petition.
I didn't see any reason for me to recuse myself simply because I was a resident of the
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community. I had nothing to do, again, with the management of the company or the petition
in itself, and I just wanted to make that, again, clear. I made that clear on the record during
the vote but, again, there were some folks who questioned my integrity and questioned
whether I should have recused myself. I didn't believe it was even necessary simply because
I live in the community that had a petition.
So, for the record, I wanted to make that clear.
CHAIRMAN FRYER: Thank you. And for what it's worth, I certainly don't see
either the appearance or an actual conflict of interest. I think you handled it exactly right,
and I think your integrity is beyond reproach.
COMMISSIONER VERNON: I lit up to say what you just said.
CHAIRMAN FRYER: Thank you.
And, Commissioner Shea, have you lit up as well?
COMMISSIONER SHEA: No.
CHAIRMAN FRYER: Okay. We've got these two switched then. So when I see
Commissioner Shea, I'm going to call on Commissioner Vernon.
COMMISSIONER SHEA: What happens when you see Commissioner Vernon?
CHAIRMAN FRYER: Then I'm going to ignore it.
COMMISSIONER KLUCIK: And I'll just talk even if I don't light up. And I ditto
that, you know, I think Joe is perfectly -- what he did was absolutely the right thing and the
right way to go about it; no need to recuse.
CHAIRMAN FRYER: I think we all agree on that.
Mr. Bosi?
MR. BOSI: And, Chair, I just want to remind the Planning Commission, at the end of
our petitions, under 11, I believe it is, new business, we're going to ask the Planning
Commission to elect the officers to serve for the coming year. So you guys can start thinking
who you want to nominate for chair, vice chair, and secretary.
CHAIRMAN FRYER: Thank you.
***Okay. The advertised matter, the first matter coming before us is
PL20210001067. It is the proposed Brightshore Village Stewardship Receiving Area, SRA.
All those persons wishing to testify in this matter, please rise to be sworn in by the
court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Thank you. Planning Commission disclosures starting with
Ms. Lockhart.
MS. LOCKHART: Staff materials and emails from the community members.
CHAIRMAN FRYER: Thank you.
COMMISSIONER SHEA: Staff materials and emails from the community members.
CHAIRMAN FRYER: Thank you.
COMMISSIONER VERNON: No disclosures.
CHAIRMAN FRYER: Thank you.
In my case, public materials and a meeting with staff.
COMMISSIONER SPARRAZZA: I had a meeting with staff and did receive emails
from the community.
CHAIRMAN FRYER: Thank you.
COMMISSIONER KLUCIK: Oh, sorry.
COMMISSIONER SCHMITT: Staff materials, but I did have a brief conversation
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with Mr. Yovanovich as we came up the elevator in regards to my concern that I'm going to
raise as part of this petition.
CHAIRMAN FRYER: Thank you.
Commissioner Klucik.
COMMISSIONER KLUCIK: Staff materials, and what I will say is I will be
participating in the discussion, but I am going to recuse myself based on a conflict.
CHAIRMAN FRYER: Okay. Have you had a conversation with our counsel? I'm
not saying that what you're proposing to do is not the right way.
COMMISSIONER KLUCIK: No. But I have previously for a similar conflict, yes.
CHAIRMAN FRYER: Okay.
MS. ASHTON: There are some forms to fill out and give to the court reporter, so
you're aware of that, correct?
COMMISSIONER KLUCIK: Oh, that's right. Well, thank you for reminding me.
Do I need to do that now, or can I do it during the meeting?
MS. ASHTON: I think you can do it before the meeting concludes.
COMMISSIONER KLUCIK: Okay, great.
CHAIRMAN FRYER: Okay. Very good. Anything further before we proceed?
(No response.)
CHAIRMAN FRYER: All right. Mr. Yovanovich, you have the floor.
MR. YOVANOVICH: Thank you. For the record, Rich Yovanovich on behalf of
the petitioner.
You have before you today a petition to establish a village within the Rural Lands
Stewardship Area program versus the Rural Fringe Mixed-Use District program. And I'll
take Mr. Sparrazza through the difference between those petitions just so he understands the
RLSA program, and I'll do my best not to speak in acronyms and say everything --
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. We might want to get Troy in here or
somebody, because it's not showing up on our screens. It is showing up on Robb's, because
he needs help but, otherwise, the rest of us have no screen.
CHAIRMAN FRYER: Mr. Miller, if you would, please, sir. Thank you.
Go ahead, Mr. Yovanovich.
COMMISSIONER KLUCIK: Thank you, Mike, for hooking me up.
MR. YOUNGBLOOD: Mr. Chairman, back here.
COMMISSIONER SCHMITT: Is there -- what switch did you push? I know he has
the secret switch.
MR. YOUNGBLOOD: Troy is actually out today. We are going to get Tom. He'll
be --
COMMISSIONER VERNON: HDMI switch.
COMMISSIONER SPARRAZZA: Oh, for an input?
CHAIRMAN FRYER: I don't care. I've got it here.
MR. YOVANOVICH: I'm telling you, we should go back to flip charts. Do it the
old way.
COMMISSIONER SCHMITT: Oh, you've got the secret sauce there. There you go.
We're good.
CHAIRMAN FRYER: Coming up on our midmorning break here. Only kidding,
only kidding. Go ahead, sir.
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MR. YOVANOVICH: You ready?
All right. The applicant is Barron Collier Companies. Mr. Genson is on his way to
the meeting. The consulting team is Peninsula Engineering. We have John English, who's
the engineer for the project; Chris Scott, who's in charge of planning for Peninsula
Engineering; and Bruce Layman, who will answer any environmental questions you may
have.
I'm the land-use attorney on this matter. Bob Mulhere is the planner who will be
making the presentation, and Ellen Summers is also a planner with Hole Montes who's part of
the team.
Lucy Gallo will be participating mobile by -- mobiley or to answer any questions
regarding the economic analysis, and Norm Trebilcock is here to answer any transportation
related questions.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yes. I have another disclosure. I did receive an
email from the neighborhood association, and I wanted to disclose that, and I also spoke with
a member of the association.
CHAIRMAN FRYER: Thank you very much.
MR. YOVANOVICH: I'm going to do a brief overview of the petition in the Rural
Lands Stewardship program, and then Mr. Mulhere will do the bulk of the presentation
regarding the planning, environmental, and transportation conclusions and the economic
conclusions, but the professionals who prepared those analyses that are in your backup
materials are here to answer any questions that you may have that Mr. Mulhere or I cannot
answer.
The program itself is -- the project is a roughly 681-acre site that's located within a
Rural Lands Stewardship Area, which is an overlay created in the Growth Management Plan
and your Land Development Code. It's located -- for those of you who were here for the
Immokalee Road Rural Village, I'll show you a map here in a second -- north of Immokalee
and bounded on the west by Red Hawk.
The request is for a village, which is primarily a residential development in the Rural
Lands Stewardship program. It does include commercial, because that's the purpose of a
commercial village. And I'll get through for Mr. Sparrazza a little bit more into the details of
what the details are, and Mr. Mulhere will show you how we meet those requirements.
So it includes 2,000 residential units, a minimum of 106,000 square feet of
neighborhood scaled retail with a maximum of another 14,000 square feet of retail and office.
So the maximum would be 120,000 square feet, and we have a minimum of 20,000 square
feet of civic, governmental, and institution uses, and we also have the ability to do indoor
self-storage as part of the project.
The location of the property is on the visualizer. You can see we're north of
Immokalee Road. This is where Mr. Youngblood usually comes to help me. This is Red
Hawk right here, Immokalee Road, and we're near the intersection of Everglades Boulevard.
MR. YOUNGBLOOD: Ask and you shall receive.
MR. YOVANOVICH: Right click.
All right. So that's the location of the property. It's approximately 681 acres.
The Rural Lands Stewardship program was established in the early 2000s. It came
about based upon a challenge to the Growth Management Plan in effect at the time where
there was questions about whether or not we were protecting environmentally sensitive
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resources in Collier County.
And as part of that challenge, we came up with two different types of regulation in the
eastern lands. We have, for the far east lands, the Rural Lands Stewardship program, which
we're under today, and in the nearer eastern lands, basically right around Golden Gate Estates,
we have the Rural Fringe Mixed-Use District program. Both of those programs are intended
to preserve environmentally sensitive lands and focus development on the less
environmentally sensitive lands, and that's done through -- in the Rural Land Stewardship
program by the creation of Stewardship Sending Areas, where, basically, all development
rights are stripped from the property, and those development rights are transferred to
Stewardship Receiving Areas. What we're going through today is the designation of a
village, which is a form of a Stewardship Receiving Area, and that development is to occur in
the pink areas on this map.
So all this pink area is designated open. That's where development is encouraged to
happen.
Where you see the blue and the green areas and the light blue areas, those are the more
environmentally sensitive areas, and that's where Stewardship Sending Areas are to be created
and the development rights taken away. So you can see there are several SSAs, Stewardship
Sending Areas, already established to create kind of these flowways and areas for wildlife to
move back and forth.
So the purpose of this program is to create environmentally sensitive lands, no land
development; less sensitive lands, development. And what you'll see is most of the lands that
go through this program are --
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yeah. So you're saying the pink is the preferred area
of development?
MR. YOVANOVICH: Yes, sir.
COMMISSIONER KLUCIK: All right.
MR. YOVANOVICH: Yes.
COMMISSIONER KLUCIK: It's really, like -- the summary of your graphic is
that -- I'm assuming your project is in the pink, then?
MR. YOVANOVICH: Next slide.
COMMISSIONER KLUCIK: All right.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. Rich, just for clarity -- and if you would like
to expound on it, we are not here to approve the zoning. The zoning has already been
approved.
MR. YOVANOVICH: Next slide.
COMMISSIONER SCHMITT: Oh, see?
MR. YOVANOVICH: Yes.
COMMISSIONER SCHMITT: Go ahead.
MR. YOVANOVICH: The difference between the stewardship -- I'm sorry -- the
Rural Lands Stewardship Area and the other areas of the county is the zoning already exists
on the property, so we're designating a Stewardship Receiving Area through this process.
The important distinction for that is the voting requirements when we get to the Board of
County Commissioners.
Rezones in Collier County and Growth Management Plan amendments require a
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supermajority vote of the Board. So you've got to get four out of five. So through this
designation process, since the zoning already exists, it's a simple majority to establish and
designate a Stewardship Receiving Area. So that's the difference in the process.
So far the program out east, the Rural Lands Stewardship program, is -- it's coming
into its own finally. We're starting to see Stewardship Receiving Areas approved, and we're
seeing Stewardship Sending Areas established. And you've got roughly 47,000 acres so far
in Stewardship Sending Areas or in escrow pending approval of Stewardship Receiving
Areas.
There have been, I think it's five: Bellmar Village, Rivergrass Village, Hyde Park
Village, Longwater Village, and the Town of Ave Maria are the SRAs that have been
established to date. This would be the sixth one if we get through the process and get it
established.
The property right here is what we're talking about. This is pink underneath the blue.
So this is where development is intended to occur under this program. If you go back a slide
or maybe -- I'm sorry, it's probably the next slide. No, it's not.
This is really on the edge of what is the Rural Fringe Mixed-Use District. This area
right here is part of the Rural Fringe Mixed-Use District. Not to confuse you, but that's part
of the other program I was telling you about where they set up receiving areas, sending areas,
and neutral areas. The concept for both programs is sending areas, preserve; receiving areas
you develop, so you transfer the development rights.
So you will at some point see a village or a development under the Rural Fringe
Mixed-Use District, similar concepts, but slightly different in the application of the code.
In our particular case, we're here, again, to designate this property a village. There
are specific criteria that are required in the Growth Management Plan of villages. I'll go
through them briefly, and Mr. Mulhere will go through in detail how we meet each of those
criteria. Blow it up for you a little bit so you can actually see it.
They have to be a minimum of 300 acres and a maximum of 1,500 acres. The density
is between one to four units. We have to have a diversity of housing. In our particular case,
we are actually 681 acres, so we meet the first criteria. Our density is a little -- it's almost
three. And you have to have a diversity of housing types, and you'll see that we have
single-family attached, single-family detached, and then we also have multifamily as part of
the project.
We're required to have 53 square feet of retail and office uses per dwelling unit.
That's where -- we're asking for 2,000; that's where the 106,000 comes in. We're required to
have centralized water and sewer, which we have.
Parks and open space, we meet that requirement. We exceed that requirement.
Mr. Mulhere will go through that, and Mr. Schmitt will ask his questions at that time
regarding the parks.
We have to have 10 square feet of civic uses per dwelling unit. We meet that
requirement. And we meet the transportation requirements as part of this proposal.
That's all within the Growth Management Plan, and there are similar criteria in the
Land Development Code. I don't think it's been updated yet to meet these criteria, but that's
coming in the future. But these are the requirements for villages, and we'll show you how we
meet each of those requirements.
Just for -- you know, the base density out in the Rural Lands Stewardship program is a
base density of one per five acres. That would be basically double the size of the lots out in
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Golden Gate Estates. And the intention is to focus development in a smaller footprint,
instead of developing the Eastern Lands in a format similar to Golden Gate Estates, so you
can better preserve and protect the environmental uses.
One of the other goals of the Rural Lands Stewardship Area program is to
develop -- to have developments large enough, either individually or in combination, to where
you have retail, office, civic uses provided out east to have these property owners stay out east
for those purposes, jobs, you know, have medical facilities, all that, to relieve pressure that's
happening in the urban area with regard to traffic coming from the east to the west in the
urban area. And the intention is to change the traffic patterns to keep people out east.
Commissioner Klucik lives out in Ave Maria. That's the very first SRA that was
approved. That's a town. The traffic studies support that the town is providing enough of
those activities within itself that the amount -- there's still traffic coming to the west, but the
amount of traffic coming west is far less now that those types of services are being provided
in the eastern part of Collier County.
So that was one of the primary focuses of the program. And through this program, in
establishing the SRAs we have so far and hopefully with the approval of this one, that will
further the program with keeping traffic from the eastern development out east.
That's an overview of the program, a brief overview of the petition. I'm going to have
Bob come up here and get into the details of our petition. Ask questions whenever you want,
but if you'll allow us to complete the presentation, most of the times we anticipate the
questions in the slides in our presentation. We don't always do it, but hopefully we'll answer
most of your questions, and then -- but, again, feel free to ask questions whenever you like.
But I'm going to turn it over to Mr. Mulhere at this point.
MR. MULHERE: Good morning. For the record, Bob Mulhere with Hole Montes
here on behalf of Barron Collier Companies for this application.
As Rich indicated -- I'll try not to be repetitive here. But, yeah, the project is
681.5 acres in size. We are utilizing 5,198.4 stewardship sending credits from SSA No. 6 to
entitle this, and that's what's required. So this project requires that amount of credits and puts
that land into protection.
The proposed Stewardship Receiving Area does not include any lands designated as a
Flowway Stewardship Area, an FSA; a Habitat Stewardship Area, an HSA; or a Water
Retention Area, a WRA. Those environmentally sensitive habitat-related areas were mapped
back when this program was created, and the idea was to protect those areas and not to impact
those areas. Although, obviously Water Retention Areas are used for stormwater purposes.
We don't have any lands within the Area of Critical State Concern, which is a State of
Florida designation that falls over portions of Eastern Collier County. None of this proposed
SRA fall within the Area of Critical State Concern.
We're required to provide 35 percent open space. That would equate to 238.5 acres.
We actually provide 274.7, which is 40 percent. So we exceed the minimum requirement of
35 percent by 36.2 acres.
And the site is -- as is required, is designed to encourage pedestrian and bicycle
circulation, allows for the use of golf carts by including an interconnected sidewalk system
and a multiuse pathway system, and I'll have more specific information on that as we go
through these slides.
This is the SRA master plan. So these are the primary points of ingress off of
Immokalee Road here and here. This is the village center here in pink. This master plan
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shows the primary roadway system and then the secondary roadway system within the
development tracts.
There are a requirement to have two types of designations within the SRA. At a
minimum you have to have neighborhood general and village center, and we do have both of
those, as you can see from the master plan.
I'll point out just a few things. There is a perimeter lake system around the majority
of the development, particularly where it abuts the HSA here and WRAs, and that serves a
dual purpose; stormwater, obviously. Maybe a triple purpose. It's certainly an amenity. It
serves a stormwater purpose, and it also acts as a deterrent for wildlife from entering into the
development areas.
There is a linear park system, which will be open to the public, that also runs around
the perimeter of the project.
So as I said, there's two -- yes.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Bob, if you could go back to the linear park.
MR. MULHERE: Sure.
COMMISSIONER SCHMITT: I'll be frank with you. I really find this as kind of a
double dipping from a standpoint you've got a park around the lake, it's serving as a buffer,
and now you're attempting to call that a park. Explain to me -- you've got access points.
What is the intent of the park? Is it a passive recreation? Are they pathways, or is this
nothing more than a pretty buffer along the lake that allegedly somebody can walk and
participate in some kind of recreational activity?
MR. MULHERE: Well, Mr. Schmitt, we're actually going to provide for access and
parking for the public, open to the public, and then I don't know what the actual length of this
perimeter park, but it's pretty significant. Perhaps -- well, it's pretty significant. I don't
know what the -- you know, it's a couple of miles.
COMMISSIONER SCHMITT: As we do when we -- Conservation Collier, and we
purchase lands for the public -- is typically we provide public access, but you also have to
provide ADA -- meet ADA requirements for access for disabled, at least a certain portion. Is
this going to be raised boardwalks, or is this nothing more than a dirt pathway?
MR. MULHERE: Oh, it will be --
COMMISSIONER SCHMITT: What's the intent here?
MR. MULHERE: It's going to meet ADA requirements. It's going to meet all the
requirements, because it's open to the public. There will be access right here. There will be
exercise stations along the way. There is a proposed -- for example, if you look right here,
there is an example of a nature trail that, you know, would allow folks to access a view
corridor into this HSA and, beyond that, this FSA.
COMMISSIONER SCHMITT: Bottom line, this -- now this acreage counts as your
parks for this community?
MR. MULHERE: We also have an amenity center, and we also have another park.
We exceed the 1 percent requirement significantly.
COMMISSIONER SCHMITT: I have to defer to staff. Is this accessible to staff, or
is this -- again, I look at this as sort of a slight of hand here. You know, it's a buffer on the
lake.
MR. BOSI: In my conversation with the Chair yesterday regarding the plan, it was
one of the areas I highlighted as an amenity that I think is going to be one of the more
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welcomed amenities, because when -- speaking with Mr. Scott [sic] prior, it's going to be a
linear pathway that's going to have exercise stations. I think it's going to give an opportunity
for people to interact with nature in a way that they're not quite immersed with it but they get
to see the surrounding, and it's going to promote a healthy lifestyle. To me, it's -- to me, it is
a creative design.
COMMISSIONER SCHMITT: Well, based on -- and I interrupted. But based on
your explanation, I have no problem with it.
MR. BOSI: Yeah.
COMMISSIONER SCHMITT: My issue is I want to make sure that it is a park and
not nothing more than a vegetation buffer along the lake.
MR. BOSI: Sure.
COMMISSIONER SCHMITT: So it's up to staff to in the SDP process to make sure
that it's clearly identified what amenities are going to be put in this area and whether we
specify it in our recommendation to the Board or at least depend on staff during the review
process to make sure that there is, in fact, ADA access, recreational activities, and other things
that are going to be done. I mean, I love the idea of the nature park all the way through the
Habitat Stewardship Area into the flowway stewardship. I mean, it's great. I just want to
make sure that it isn't just a wink and a nod, and five years from now it's just vegetation along
the lake.
CHAIRMAN FRYER: I'd have to say that I agree with Commissioner Schmitt.
It's not that someone is going to intentionally mislead and do something different, but
just people sometimes have memories that are less than meticulously perfect. And so I think
when the time comes, it might be a good idea to put this into our recommendation.
MR. MULHERE: So if I might.
COMMISSIONER SCHMITT: Yeah.
COMMISSIONER KLUCIK: Mr. Chairman.
MR. MULHERE: On Page 15 --
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yeah. I guess I was just going to say that I did bring
this up as well with staff about, you know, what the plan was. And I would say that in Ave
Maria, for instance, we have, you know, some nice walkways around a lake, and it's not -- you
know, it's not exactly the same, but it's similar, and it's a very popular thing. And I would
say, though, that it's very important that it be -- you know, that it be specified exactly what it
is and when it would be, you know, put in place.
And I'll just say, you know, we're still waiting out in Ave Maria after 15 years, you
know, for some of what was -- you know, what is planned, which is frustrating, and one of
them is, you know, more nature trails, you know, that we're hoping for.
And all I would say is I think it's a great idea, but I also think it's good to make sure
that it's -- this one particular item is -- there's some way to, you know, make sure that it
happens. And, you know, for all we know, the developer is keen on, you know, making
that -- you know, like they did with our water park, for instance, in Ave Maria, that was the
first thing they built to entice everybody. And that might be their plan is, oh, yeah, that's the
first thing we're building. Everyone wants a trail like this so, you know, that will be there
before the houses are finished, you know. And I just don't know, but I think it's good to have
the discussion.
CHAIRMAN FRYER: Mr. Mulhere, I think you're hearing the evolution of a
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consensus from the Planning Commission on this.
MR. MULHERE: I did. I wanted to add, on Page 15 of 17 under development
commitments, Paragraph B under 9.4, Parks and Recreation, specifically states the following:
The SRA shall provide 31.7 acres of passive community park along the perimeter of the SRA
that shall be open to the public in perpetuity at no cost to the county for maintenance or
anything else. And wait -- and which will be considered a public benefit use. The park will
include restrooms, fitness stations, and a recreation trail system along the east, north, and west
perimeter. By the way, it's 2.75 miles.
So it will be open to the public. Includes two parks with parking that will serve as
trailheads, which are here and here (indicating). And the owner/developer shall not request
impact fee credits for the community park and shall be responsible for maintenance of the
community park.
So if there's something more specific than that, obviously that's up to the Planning
Commission, but I did want you to note that there was a developer commitment that was quite
specific.
CHAIRMAN FRYER: Commissioners, do you -- did that touch the points that you --
COMMISSIONER SCHMITT: I mean, I just wanted to make it clear. And what
Mr. Bosi said, I feel confident that -- with staff, they reviewed this and provided the -- based
on the information from the petitioner as well, I'm satisfied. I just want to make sure it's
codified in the final agreement what you stated is.
MR. MULHERE: Yeah. And Parks and Recreation reviewed it as well.
CHAIRMAN FRYER: Commissioner Klucik, are you satisfied with that?
COMMISSIONER KLUCIK: Yes. And I just want to make sure I'm seeing the
right -- you said that's Page 15?
MR. MULHERE: Well, I'm --
COMMISSIONER SCHMITT: The development agreement.
MR. MULHERE: Fifteen of 17 of the SRA document under developer commitments.
Page 267 of yours.
CHAIRMAN FRYER: Commissioner, I think one of the concerns you expressed had
to do with delay.
COMMISSIONER KLUCIK: Right, yeah. What is the timing on it as far as
when -- you know, when you'll plan to do that? Like I said, I mean, is it going to be
something that you, you know, put forward, you know, to lure people in, or, you know, as an
enticement, or is it going to be something that happens later on?
MR. ENGLISH: Commissioners, for the record, John English, licensed professional
engineer with Peninsula Engineering.
Yeah, the -- there's a couple -- in regards to timing, there's a couple factors at play.
And, number one, the developer does want to have it in early. They do see it as a benefit to
the community. It's located in an area that is part of the perimeter berm. So, in other words,
it is the containment system for that perimeter lake, so it will be required to be done as the
lake is excavated. The lake needs to be excavated. It's the biggest part of the water
management system, so it's a very important infrastructure component. So it would happen
sooner than later. There's a lot of lake in this plan. It takes -- it will take a lot of time to get
it all excavated and spread and everything completed.
Some areas of the perimeter might be used -- for some period of time it might be
needed for construction hauling, but it is -- I can tell you it's intended to be -- the earthwork
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will be done very early, and the path is intended to go in as soon as is practical.
CHAIRMAN FRYER: Mr. English, could you live with some more specific
language with respect to time frames? Sooner rather than later.
MR. ENGLISH: As long as it's reasonable. There's things that's very hard at the
time of zoning to predict with -- precisely, so...
CHAIRMAN FRYER: Well, can you propose something for us to think about?
MR. YOVANOVICH: Let us -- if you will, I will text Mr. Genson and see if we can
come up with a specific number of COs.
CHAIRMAN FRYER: That's fine. Thank you.
Commissioner Shea.
COMMISSIONER SHEA: Bob, just a quick question. You might have already
answered it. Is this a gated community?
MR. MULHERE: Well, portions of it may be gated.
COMMISSIONER SHEA: That was my next question. Where are the gates
proposed?
MR. MULHERE: Well, I don't know that we know specifically yet. But, for
example, let me just give you some examples. Obviously, the village center is going to be
open. And so right here -- is that it? One, just one?
MR. ENGLISH: Yes.
MR. MULHERE: Okay. That's it. That's the location right there.
COMMISSIONER SHEA: So the neighborhood general amenity and neighborhood
multifamily, okay --
MR. MULHERE: Yeah. Go ahead.
COMMISSIONER SHEA: -- is not available to the public?
MR. ENGLISH: That's correct. For the record, John English again.
The residential components are intended to be behind a gate. So on the main drive in,
which is this road, there's a gatehouse here. So you have residential here, here, and here.
Then there's also going to be a gate here, on this secondary entrance, and then likely will be a
gate here such that all the residential pods back here will be behind a gate.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I'll wait.
CHAIRMAN FRYER: Okay. Commissioner Vernon.
COMMISSIONER KLUCIK: You didn't expect me to say that, did you?
COMMISSIONER SHEA: How'd he know?
COMMISSIONER VERNON: This is, I guess, a question out of ignorance, but I
thought villages had a way to get through the village so you didn't have to go around it. I
thought that was one of the basic concepts of a village as opposed to what I'd call just a
subdivision, and maybe the reason it doesn't is because of what's on the other side of it.
MR. MULHERE: Exactly.
COMMISSIONER VERNON: So it that --
MR. MULHERE: There isn't really a requirement; however, there are circumstances
where it makes sense. Again, if you think about the project that you looked at is not in the
RLSA. It's in the Rural Fringe Mixed-Use District, but the Immokalee Road Rural Village,
the staff had requested a connecting road through that project. Not required, requested. And
in this case, there's nowhere to go.
COMMISSIONER VERNON: Okay.
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MR. MULHERE: So as long as we have the access and appropriate access to the
village center for the public and to the park, which we do have, then there's no reason to have
any -- you know, it would just be bringing traffic through this project for no valid or no good
reason.
COMMISSIONER VERNON: And how many parking spaces for the public will be
in the park?
MR. MULHERE: We haven't -- we haven't designed it yet.
COMMISSIONER VERNON: Okay. And so what happens if the public is on the
park or walkway, or whatever we're calling it, they're going to be blocked from walking
across the bridge; the bridge is going to be a one-way?
MR. MULHERE: Yes. And you'll be able to get -- so the residents will be able to
get to this perimeter park as well but, you know, you have this lake here that would
discourage people from walking in, and then you do have these connection points, which
would be intended for residents.
MR. YOVANOVICH: Mr. Vernon, if you're familiar with Pelican Bay and their
berm, you know, there's several condominiums and other projects; they have their own gate to
prevent people from going off the berm into the development. That similar concept is going
to be here.
COMMISSIONER VERNON: Okay.
MR. MULHERE: I'm just checking to see what we haven't gone over. I think I was
talking about context zones. And as Rich indicated, there's a max of 2,000 units, which
translate to 2.94 dwelling units per acre, meeting the requirements. There's a
minimum -- and in terms of a mixture of housing types, there's a minimum of 10 percent or
200 units, which will be multifamily; 10 percent or 200 units which will be single-family
attached -- these are minimums; and 10 percent or 200 units shall be single-family attached or
villas.
Within the village center, which is intended to be mixed use, there is a minimum
requirement of 200 multifamily dwelling units. The 106,000 is based on the formula that the
GMP requires and, ultimately, the LDC will require 53 square feet per dwelling unit.
We allow for self-storage because we felt that was an appropriate use here. And
we're required to provide a minimum of 20,000 square feet of civic, governmental, or
institution uses, and that's also based on a formula.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yeah. And that's make it available. That's not -- you
know, obviously, you're not going to use it that way if the government or whatever
doesn't -- you don't have to have it that way. You have enough uses that it might not end up
being, for instance, a government building.
MR. MULHERE: Correct. It could be any of those. It could be civic,
governmental, or institutional. So, you know, a post office would qualify, but -- a library
would qualify. Fire station would qualify.
COMMISSIONER KLUCIK: Is there an expectation that there will be a bond
district?
MR. MULHERE: A CDD, Community Development District.
COMMISSIONER KLUCIK: Yeah. And will that be funding the roads, or what
will that be funding?
MR. MULHERE: CDDs are used to fund infrastructure.
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COMMISSIONER KLUCIK: I guess -- the only reason I ask is if the roads were
funded by the CDD, then I guess the public would have access through those bridges.
MR. YOVANOVICH: And, Mr. Klucik, I don't think we've made those decisions
but, as you know, there are -- CDD -- CDD-funded projects are public, so --
COMMISSIONER KLUCIK: Right.
MR. YOVANOVICH: -- if the roads are funded by the CDD, then they would be
public roads.
COMMISSIONER KLUCIK: Okay, thank you.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. Like any gated community, though, they
don't have the right to stop someone, ask for a license or otherwise at the gate, even if they're
public --
MR. YOVANOVICH: Yes.
COMMISSIONER SCHMITT: -- if it's a CDD.
MR. YOVANOVICH: You're right, but, theoretically and technically --
COMMISSIONER SCHMITT: Yeah, I know, theoretically.
MR. YOVANOVICH: -- they can't stop anybody from going in.
COMMISSIONER SCHMITT: Yeah, correct.
CHAIRMAN FRYER: It's a little known fact, by the way.
COMMISSIONER SCHMITT: Little known fact. Very familiar with it, though.
MR. MULHERE: So the Brightshore Village SRA includes 46.7 acres of active and
passive parks, community green space. This includes the neighborhood and general amenity
center; 31.7, as discussed, would be in the form of a community park; 15 acres of amenity
center sites.
The requirement is 1 percent or 6.8 acres, so we significantly exceed that. There's
121.2 acres of lakes located internal to the development along the perimeter. The linear park
will include -- and, Mr. Schmitt, you had asked this question -- will include a 12-foot
pathway, so, yeah.
COMMISSIONER SCHMITT: Okay.
MR. MULHERE: So the village is served by Collier County Water and Sewer, has
direct access to Immokalee Road, and will be Dark Sky compliant, the outdoor lighting,
designed to protect nighttime environment, conserve energy, enhance safety and security.
This exhibit shows the -- again, the linear park, the pedestrian connections. There's
actually, I think, a slightly better exhibit to show you the interconnection and multimodal
transportation design on this project, and I'll get to that in just a second.
These are just some elements from the NRI assessment. The entire project is located,
as Rich said, within the pink area or the open land. It's been in agricultural use for over 50
years. We don't encroach on any WRAs, HSAs, or FSAs. It's not located within the Area of
Critical State Concern. There were no panther telemetry points within the SRA.
And this is probably the most significant; there are no NRI scores under the baseline
conditions, which were established when this program was developed, exceeding 1.2, but we
are also required through the NRI process to revisit that. And while the NRI score, at least in
one location, increased through this more recent environmental assessment, it increased to
0.6. There still are no current NRI scores exceeding 1.2. 1.2 is the baseline. If you were
exceeding 1.2, that land has to be protected within the SRA. If below that, it's not
significant.
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Also, the perimeter lake, as I mentioned briefly, is proposed to be a buffer between the
SRA and the adjacent natural areas and a deterrent to wildlife.
As part of our human/wildlife coexistence plan, we'll be providing educational
materials to commercial tenants, residents, guests. We'll be using bear-resistant trash cans
throughout the SRA. As I said, we'll have full cutoff lighting incorporated into the project
design. And there are management plans for the Eastern Indigo snake, American alligator,
crested caracara, listed wading birds, of which there are several, Southeastern American
kestrel, the Florida bonneted bat, the Florida black bear, and the Florida panther.
CHAIRMAN FRYER: Mr. Mulhere, where did these bullets points show up in the
ordinance documents or the agreement?
MR. MULHERE: I will look here and --
MR. YOVANOVICH: It's all within the environmental assessment that was provided
to the county as part of the petition.
MR. MULHERE: And which is part of the ordinance.
CHAIRMAN FRYER: That's what I wanted to hear. Which part of it is it, just for
the record?
MR. MULHERE: It's an attachment -- the NRI -- the NRI is attached to the
ordinance, the Natural Resource Index.
CHAIRMAN FRYER: One of the exhibits to the ordinance?
MR. MULHERE: Yes.
CHAIRMAN FRYER: Do we know which one, staff?
MR. MULHERE: I'd have to look it up.
MR. YOVANOVICH: I'll look it up in the meantime. Some of it also is in -- on
Page 14 of 17 of the SRA document as well. But I'll look at the resolution to get you the
exact attachment.
CHAIRMAN FRYER: Thank you.
COMMISSIONER SCHMITT: For clarity as well, all those management plans will
be clearly defined as part of the permitting process, the federal permitting process, whether
you go through Section 404 of the Clean Water Act, 401, water-quality certification through
the South Florida Water Management District, they're still going to have opinions from U.S.
Fish and Wildlife and all these specifications as far as management plans will be clearly
articulated in the permit, the approved permit, when you go through the permit process.
CHAIRMAN FRYER: And it may be more restrictive, too.
COMMISSIONER SCHMITT: It may be more restrictive, yes.
Now, for the Florida bonneted bat, there's a statewide study that is in force through the
Fish and Wildlife, so it's -- but all this will be clearly articulated.
MR. MULHERE: Under transportation, I do want to put on the record that the SRA
document identifies a slightly different number. The trip cap -- and I confirmed this with
Norm -- the trip cap shall not exceed 1,761 two-way p.m. peak-hour net trips. The document
identifies 1,764. So this is actually lower than what the document -- by three trips. We will
correct that in the document. But the trip count is 1,761 two-way p.m. peak-hour net trips.
CHAIRMAN FRYER: And that will be in the developer commitments?
MR. MULHERE: It is, yes.
CHAIRMAN FRYER: The correct number is --
MR. MULHERE: It's just that I've got to correct it from 1,764 to 1,761, three fewer
trips.
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CHAIRMAN FRYER: The developer commitments that are going to be before us
this afternoon have the 61 number or the 64 number?
MR. MULHERE: They have 64. It's got to be corrected to the 61. I'm sorry.
CHAIRMAN FRYER: Okay, all right.
MR. MULHERE: As I mentioned, there are 5-foot sidewalks on both sides of the
road or a 12-foot multiuse pathway on one side. We have the perimeter linear park, which
includes a 12-foot pathway. There are pedestrian connections to the perimeter park. There
will be a transit or park-and-ride area located within the village center. As we work through
this process, we'll coordinate with transportation staff for that. At SDP, the connections will
be made between modes of transportation, which are identified on the master plan, for
connectivity, inter-connectivity. Golf carts are permitted on the multiuse pathways except in
the perimeter park.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Concerning golf carts -- and I've flagged that also in
the staff report -- typically, in the past, the Board has been very restrictive, in public roads,
use of golf carts. If these are golf carts, these are golf carts that are fully compliant with
being able to drive on the road, meaning they have the lights, they're fully insured, licensed
golf carts. These are not simply just electric carts that you can hop in and drive around the
community. They have to be typically -- unless this is a private community with private golf
cart paths, if these are -- you're going to be using golf carts on the roadway, don't they have to
be licensed, headlights, taillights, mirror, and insured?
CHAIRMAN FRYER: Street legal.
COMMISSIONER SCHMITT: Street legal.
MR. TREBILCOCK: For the record, Norm Trebilcock.
COMMISSIONER SCHMITT: Yeah.
MR. TREBILCOCK: Professional engineer, certified planner.
So the -- and I was involved in the Ave Maria designation.
COMMISSIONER SCHMITT: Sure.
MR. TREBILCOCK: But you're correct, so the Board can designate golf cart usage.
But in that case it can be regular golf carts in those instances that it can be designated, as long
as it's under a certain speed, those kind of things, in traffic -- traffic conditions, so it can be.
But otherwise, as you stated is correct, the street legal golf carts are street legal and can be
used on any street under 35 miles per hour as such.
COMMISSIONER SCHMITT: So when you have the bullet here, golf carts
permitted on 12-foot multiuse paths, there will be paths that you can use a standard
non-street-legal golf cart.
MR. TREBILCOCK: Yes, sir; yes, sir.
COMMISSIONER SCHMITT: But they will not -- it's not going to be shared with
public roads or street traffic. These are paths; these are separate golf cart paths?
MR. TREBILCOCK: Right. Anything that would be on a public street would need
to have a Board approval for such, you're right, yes.
COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: Yes, Commissioner Klucik.
COMMISSIONER KLUCIK: So on that issue, I'm a little confused, and so I guess
I'll do what I always do: I'll ask a bunch of questions until I feel like I understand, even if
you've already said it. So I apologize.
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So the streets are going to allow the golf carts; that's your proposal?
MR. MULHERE: They may.
MR. TREBILCOCK: Yes, sir, that would be --
COMMISSIONER KLUCIK: I mean, because logically -- logically, these people are
going to be parking in the garage and traversing the roads to go to the path or wherever.
MR. TREBILCOCK: Exactly, yes, sir.
COMMISSIONER KLUCIK: Okay. That's the plan?
MR. TREBILCOCK: Yes, sir.
COMMISSIONER KLUCIK: And those have to be street legal. They don't have to
be licensed, correct?
CHAIRMAN FRYER: No. Street legal means being --
MR. TREBILCOCK: Street legal is licensed.
COMMISSIONER KLUCIK: Well, in Ave Maria none of the golf carts are licensed.
MR. TREBILCOCK: Correct. So the Board -- the Board made a designation to
allow golf carts that are not LS -- you know, the street-legal-type golf carts to be used on any
of the streets within Ave Maria.
COMMISSIONER KLUCIK: Okay. So, then, that's a distinction.
MR. TREBILCOCK: By ordinance.
COMMISSIONER KLUCIK: Okay. So that's why I asked. And then do the
operators also, to operate that, do you have to have a license?
MR. TREBILCOCK: Technically, no. There's a certain minimum age, and in the
case of, like, Ave Maria, I believe the Board designated a slightly higher age. And I think
they may have designated, I believe, potentially a learner's permit, but that's just a higher
standard. But per state statute, I believe it's age 14 which, you know, you can't get a driver's
permit.
COMMISSIONER KLUCIK: And is that anything that can be changed, or is
that -- you know, the state statute restricts? The only reason I say that is because it's kind of
craziness in Ave Maria with people driving all over that shouldn't be driving, excluding [sic]
children.
CHAIRMAN FRYER: Further to that question, when you say "Board," are you
talking about the BCC?
MR. TREBILCOCK: Yes, sir; yes, sir. So the Board can make a designation and
make, basically, higher standards is what --
COMMISSIONER KLUCIK: Right. So the Board could impose a requirement that
they have a license?
MR. TREBILCOCK: Yes, sir; yes, sir.
COMMISSIONER KLUCIK: Or at least -- or at least a permit?
MR. TREBILCOCK: Correct, a separate action, but yes, sir, exactly.
COMMISSIONER KLUCIK: And all I would say is I'm not -- obviously, I'm not
voting on this, but that continues. It's a vexing -- vexatious problem in Ave Maria, the fact
that there's just golf carts everywhere. And even if you could get adults to be reasonable on
them, you know, certainly you can't expect 13- and 14-year-olds -- now, I'm sure I think
there's a minimum age, but people who aren't the minimum age, because there's no licensing
requirement, it's very easy for no one to really care, and then the law enforcement doesn't
come in because they're not really concerned about it, and then there's really no mechanism to
crack down on, you know, violations. And that's all I'm saying is is it's a huge problem.
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And if we were going to address it, now would be the time.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER KLUCIK: I would just ask if you -- do you not agree that it
continues to be a problem in Ave Maria?
CHAIRMAN FRYER: If you know.
COMMISSIONER KLUCIK: I'm asking you, Norm.
COMMISSIONER SCHMITT: He will not commit.
MR. TREBILCOCK: I mean, it's --
COMMISSIONER KLUCIK: Have you heard lots of complaints that that continues
to be a problem whether you agree or not?
MR. TREBILCOCK: It can be an issue.
COMMISSIONER KLUCIK: No, no. I asked a real specific question. Are you
aware of repeated and numerous complaints over the years from residents that that continues
to be a problem? And if you can't answer that with a yes, then I don't give much credibility
to anything you say.
MR. TREBILCOCK: Boy, that doesn't put me in a corner, does it?
COMMISSIONER KLUCIK: Well, it does, because you either aren't paying
attention or, you know -- or you're just going to say whatever you think will, you know, help
the petition. And, obviously, I'm a little annoyed now, and I apologize. I understand.
That's not fair. So I'll back down.
I would appreciate -- it seems as though it would be very difficult to not acknowledge
that there are always complaints about this, and it continues to be an issue.
MR. TREBILCOCK: The golf carts are a challenge. They're a challenge in Ave
Maria. They're a challenge in any community. The community that I live in the golf carts
are a challenge with people. But it isn't necessarily because of lack of regulation.
Sometimes it's a lack of enforcement. You know, that's the big thing with traffic calming in
general. You know, engineering enforcement.
And so in the case of Ave, you know, there was a reasonable designation. It was
elevated to a higher standard, I believe, to have a requirement for driver's permit. So then it
really just becomes an enforcement of the driver's permit or whether the folks look the other
way.
(Simultaneous crosstalk.)
MR. TREBILCOCK: I'm just not the person receiving the calls every day. So that's
why I couldn't answer that question to your --
COMMISSIONER KLUCIK: There's not a mechanism to enforce it, which is what I
said; that the people responsible or that could enforce it, which is the law enforcement, aren't
willing to because, you know, they don't have the resources. So it continues to be a problem.
MR. TREBILCOCK: Sure.
COMMISSIONER KLUCIK: And I think you are aware of that, right? You know,
the idea that we put a plan in place and that they were hopeful that it could work, no one
doubts that. The issue is is that as a practical matter it becomes very difficult because there is
not an enforcement mechanism.
MR. YOVANOVICH: Just to be fair to Mr. Trebilcock, he's not the person who
receives complaints about that issue. That's why he's not -- he can't answer your question.
Others may, Mr. Klucik, be hearing those, but Mr. Trebilcock himself can only tell you about
his professional experience. He can't talk specifically about Ave Maria.
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COMMISSIONER KLUCIK: Well, yeah. No, but I do think his name gets
mentioned a lot during our board meetings, you know, as I sit on the board out there, as you
know, and I'm assuming they're not mentioning his name -- that they're mentioning his name
because they've consulted him and that, you know -- or certainly his team, and so he does
become aware of these issues.
And I obviously apologized for my tone. But I certainly don't apologize for the
essence of my question and the essence of the idea that it's -- you know, it seems as
though -- obviously, I've made my point. I've overstated my point. I apologize to my
colleagues as well --
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER KLUCIK: -- and to Joe, who I cut off, and --
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. Norm, you probably don't know, but I'll ask
John English.
John, are the roadways going to be marked for cart paths and for vehicular traffic?
I'm thinking the carts on the major thoroughfares through the community. So will there be
pavement markings to indicate cart --
MR. ENGLISH: Sure, sure. The general layout is we're going to have 12-foot-wide
pathways up front outside the gates, and then we're going to -- the 12-foot path will take you
back to the entrance to the residential pods. And I believe there will be golf cart striping
designations throughout.
COMMISSIONER SCHMITT: Well, I'm going to propose, then, that we identify,
because CDD cannot enforce traffic. That's not their -- that's not their job. They -- CDD
basically is a -- even if you have a CDD board, they're responsible for maintaining the
infrastructure.
But you can have a master association. You can have a master foundation. And the
rules and regulations of those associations can clearly identify the requirements for licensing
of carts and, technically, they can even have a fining committee to render fines to persons
identified as violating the foundation rules. That is legal.
And I would propose that we have clear language to stipulate that it's up to the
foundation or master association, or whatever they're going to have out there, that they are
responsible for enforcing the rules and regulations and restrictions as identified by the
community, because I would expect that the foundation is going to develop the rules and
regulations, that they would have to enforce it.
And I leave it up to Mr. Yovanovich, legally, if you're going to prepare language, but I
believe we need to specify that the enforcement of the rules and regulations, if there are going
to be golf carts and there's going to be shared paths, that it's clearly identified who will be the
enforcement arm to make sure that we don't have, I think, what I'm hearing is chaos out in
Ave Maria.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yes. And I guess I would ask, you know, whoever
wants to speak on behalf of this, but, you know, could you speak to this issue? Because it is
a vexing issue in Ave Maria, and it seems as though, you know, now is the time to fix it, to
address it, and it doesn't seem as though that's in place right now. And I understand I might
be totally misunderstanding, you know, what you're -- the design is, or it might be too early,
but I don't think -- if we're going to nip it in the bud, it would be now. It wouldn't be after the
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fact. And so what do you think works? Do you think there's not an issue? You know, I
just want to hear a response.
MR. YOVANOVICH: I personally don't know about Ave Maria. I'm more focused
on this project right now. And if there's a concern about --
COMMISSIONER KLUCIK: This isn't -- my question has nothing to do with Ave
Maria except as an example of very similar circumstances.
MR. YOVANOVICH: I understand, Mr. Klucik. I understand your perspective
about golf carts. I live in a neighborhood, too, where people drive golf carts, and I question
why some parents would allow their young children to do that, but I can't stop them from
making what I think are bad decisions.
I'm not prepared to propose who right now will be responsible for enforcing age
restrictions should age restrictions be placed on the use of golf carts. I'm just not ready to
answer that question. I have to think about it.
COMMISSIONER KLUCIK: How about insurance?
MR. YOVANOVICH: Insurance?
COMMISSIONER KLUCIK: Yeah, because we have the HOAs require insurance, I
believe, but then they don't have a mechanism by which to enforce it.
MR. YOVANOVICH: I'm just saying, I'm not in a position right now to address that
issue. I'll have to think about it. And, you know, we'll respond appropriately back to the
Board of County Commissioners.
I think there are regulations in place that already govern this. The question becomes,
how do we make sure it's enforced, and I'm not prepared to give it to the foundation. I'm not
prepared to answer that question, the enforcement question, today. I think it's a good concept
to allow people to use golf carts instead of driving in their cars. So we just need to -- maybe
it's through education, that we be required to provide education to everybody in the
community that this is the minimum age that you have to be to operate the cart. And,
otherwise, personally, if there's an age requirement and your son or daughter is under that age
and they hurt someone in my family, I'm coming after you, okay. So I think there's an
enforcement mechanism through the fact that if someone gets hurt, there's enough personal
injury lawyers out there to make it very expensive for people. I don't know --
CHAIRMAN FRYER: Why don't we say this: Mr. Yovanovich, perhaps consult
with your client and see if there's something that you could give on and, whether you do or
you don't, this may turn into a condition that is brought up at the end. Is that reasonable?
MR. YOVANOVICH: Sure. I'll try to figure out if I can solve that problem in the
next five minutes.
CHAIRMAN FRYER: Well, you may or may not. We'll see.
Commissioner Sparrazza?
COMMISSIONER SPARRAZZA: Thank you.
Looking at it from strictly a safety point, going to my own personal experience in
Naples Reserve, golf carts can be questioned as far as, do I drive on the sidewalk? Do I drive
on the street? And I believe if I understood correctly in the previous slides, or two back,
there were both opportunities that could just turn a mountain into a molehill as far as a -- a
molehill into a mountain, sorry about that, to where can I drive? Is it okay in this part of the
community to drive on the street, on the 12-foot pathway, whatever? If there is a way to look
at other similar communities and what has worked well for them, what hasn't, and possibly
make it legalized street-legal golf carts are only allowed and required on the streets so there's
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no confusion that may end up putting all of this into an easier digestible plan. Safety,
obviously, being first.
MR. TREBILCOCK: Yeah. So to your point, yes, exactly. That's -- you know,
there are differences in a community such as Ave Maria that does have some what I call
higher-speed roadways and has higher speeds, and that caused, in the analysis, to have
different locations for the golf carts and stuff; whereas, this really is a preplanning based on a
lower-speed environment and, as such, then the design will be to have these designated areas
and then other areas where you'll do on street. As John mentioned, what they do is then
they'll designate it in the design and reflect that. And so it will be clearer, more up front to
folks.
Ave, you know, is a well preplanned community, but it does have higher-speed streets.
It has these 45-mile-per-hour-speed streets. And we did speed studies, and they actually, in
fact, have higher speeds than that on those streets, and that was the key reason to say, hey, the
golf carts really can't belong on these streets anymore. They need to be separated for that
reason, because you have that differential speed that creates a safety issue between a
lower-speed golf cart and a high-speed vehicle.
But to your point, exactly, this can be preplanned and designed to have those
designated areas so that they can both work harmoniously. But you need the rules, as you
said, and then Rich said, to be able to enforce those.
COMMISSIONER SPARRAZZA: Correct. And if at all possible, maybe those
rules are started from the get-go by the current board of directors at this community, because
once those rules are set in place by the governing board from the developer before it goes into
turnover, those rules, then, are adhered to by the folks moving in, and it just makes it easier.
So start off the right way with the localized board of directors setting up those procedures, and
it could be much safer for everybody. Maybe that's a recommendation --
MR. TREBILCOCK: Yes, sir.
COMMISSIONER SPARRAZZA: -- by the developer.
MR. TREBILCOCK: Exactly. And, again, it can be preplanned where you do have,
then, the public streets have to have Board approval of those as well, just per state statute.
COMMISSIONER SPARRAZZA: Right.
MR. TREBILCOCK: And it is -- the state statutes do designate certain minimum
widths of sidewalks before a golf cart can be on it. I believe a minimum of seven foot before
you can have a golf cart on it. And then it's to really, then, educate the folks on that as well
because, you know, again, in my own community, I see violations of that as well, just like
you're talking about in Naples Reserve where you get that. And the key is it's education as
well.
COMMISSIONER SPARRAZZA: Wonderful. Thank you for your time.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. I was just going to bring an example. In
Fiddler's Creek, pervasive problem with speeding and people running stop signs. I guess
they're just a suggestion. I don't know. I find it amazing.
But we used to have the county sheriff or the Sheriff's Department, a deputy sheriff
come in and enforce it but, quite honestly, they're stretched. Made it very clear in the
foundation rules, and they developed a fining committee, and then that finding committee is
legally authorized to issue fines, the committee. It's a committee made of citizens of the
community to fine residents who are in violation of the rules of the foundation. So there are
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mechanisms to do that. It was challenged and, basically, found to be legally upheld that the
foundation does have the authority to enforce the rules.
CHAIRMAN FRYER: It becomes a covenant in the declaration.
COMMISSIONER SCHMITT: It becomes a covenant in the declaration, correct.
CHAIRMAN FRYER: Thank you, Commissioner Klucik.
COMMISSIONER KLUCIK: And I would just say I certainly say golf carts benefit a
community like this, and so I -- but I also am keenly aware of, you know, the failure, you
know, in the planning of -- not in, you know, having good ideas, but the failure in figuring out
how the -- you know, the mechanism of enforcement. That's what I'm stressing.
Again, I will apologize again, because I do feel bad that I was so assertive or
aggressive in my --
COMMISSIONER SCHMITT: They brought up golf carts.
COMMISSIONER KLUCIK: -- phrasing. But what I would say is, it's not -- it's not
easy, and so I -- but it also isn't -- I don't think it's terribly difficult. You just need to
prioritize it and figure out, you know, what you could propose. And I certainly don't want to
dictate, you know, measures to you, but I don't want you to overlook it either. And since this
is a -- you know, this is something that can be -- you know, that can be made -- included at
this stage, I just -- I can't imagine why you wouldn't want to do it to make it easier for the
people that are going to live there to keep their streets from being annoying and dangerous
sometimes.
MR. TREBILCOCK: Yes, sir. It makes sense.
CHAIRMAN FRYER: Thank you.
Mr. Mulhere?
MR. MULHERE: This was just a typical cross-section of a local street, and you can
see that it shows the one example on the left of the 5-foot sidewalk. I think, notably, there is
a green space that is landscaped between the travel lanes and the sidewalk on both examples,
on the left and on the right where we have a 12-foot pathway. But you can see there is a
green space here and here which separates the travel lanes from the -- from the sidewalks or
pathways.
We're required to do an economic assessment, and the county reviews that, and they
also have a third-party reviewer. And the net fiscal impact of the economic assessment is
that we are fiscally neutral. And this slide lists the areas -- the specific areas within which
that special assessment was both conducted, and then the neutral determination, including
Collier County schools, general funding for capital, water, wastewater, stormwater, irrigation,
solid waste.
And I'm going to turn it over to Rich now.
CHAIRMAN FRYER: Well, before you do that, I've got some questions about the
economic analysis.
MR. MULHERE: Okay.
CHAIRMAN FRYER: Do you want to be the one, or do you want Mr. Yovanovich
to?
MR. MULHERE: I think we also have Lucy.
MR. YOVANOVICH: Lucy's on the line, too.
CHAIRMAN FRYER: These questions are, in my mind, of long standing. They go
back to previous villages and the calculations that have been used, and I remain concerned
about them.
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It seems as though the persons-per-household figure is derived from a 2016 Collier
County EMS impact fee study going back, as I say, to 2016, which is six years ago, and those
numbers were really quite low, if memory serves. For everything but single-family detached
it was 1.05 persons per household, and then single-family attached it was 2.21, I believe, with
higher numbers showing for in season. However, the United States Census published its
numbers in April of 2021, and those numbers were subscribed and endorsed by the University
of Florida Bureau of Economic and Business Research, BEBR, and that number comes in at
2.35.
Now, in Table 20 of the economic analysis, which is found on Page 22 of that
document, for single-family detached, a so-called functional population coefficient of 1.81
was used. I did not find an explanation of what that amounts to. But in my conversations
with staff about this yesterday, it seemed to us all that that is the equivalent of persons per
household. And I find that -- I find that difficult to accept and to subscribe to in view of the
more recent numbers.
Now, I understand that an argument can be made that the EMS numbers remain in
effect even though I think most people acknowledge that they are stale, but they do remain a
standard which is acceptable to the county, at least to county staff. But we are planners, and
we need to look at reality, I think, rather than relying on stale numbers.
And so in my judgment, you've got a PPH that is really quite low and, as you know,
the consequences of a low PPH means an underestimation of the extent to which
infrastructure and services are going to be consumed. In other words, more persons per
household, that household is going to provide, potentially, a greater demand on infrastructure.
So in order to arrive at fiscal neutrality, what we have seen is consultants coming in
under the numbers that have been offered by BEBR and by the U.S. Census. And
interestingly, other consultants, when they are arguing in favor of commercial developments,
in order to justify more square footage of commercial activity, come in with higher numbers
which, to me, is challenging, because I think persons per household is what it is whether
you're advocating for a commercial or residential development. So that is a concern I have.
Now, before I ask for the consultant to reply, I want to say that I had a very good and
informative -- at least I was well informed -- meeting with staff yesterday, and primarily with
Mr. Bosi, who makes a strong case that this is a very good development; that this village is
very good. And I would agree with him in many ways because, compared to other
developments in the past, other villages, this one really does seem to embrace smart growth.
It's more tightly configured. There's more walkability. It just -- it looks so much
better to me on those -- on those criteria. And I think -- I think staff is coming to the point of
view that perhaps other factors that haven't even been addressed in the economic analysis
managed to carry this over the goal line. And at the proper time when staff is called upon to
speak, I'm going to ask Mr. Bosi to give a bit of a redux of the presentation that he gave me
yesterday, because it helped me get over this.
But at this point I am concerned, and I do believe that the PPH numbers are
understated, and I don't think there's been an adequate explanation of why there was no
account given to BEBR and to the U.S. Census, and so that's my concern.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, sir, Commissioner Klucik.
COMMISSIONER KLUCIK: Regarding that, then what do you think is the -- you
know, if, in fact, that is an accurate assessment, what is the impact on the petition and, you
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know, what is it that your concern is, if that's the case?
CHAIRMAN FRYER: Yeah. My concern is is that if persons per household has
been underestimated, then you can get to the fiscal neutrality conclusion by saying that there's
going to be less of a demand upon infrastructure and services because there are fewer people
in each household. Conversely, if you acknowledge -- and even the county EMS study says
it's 2.65 persons per household for single-family detached in season.
COMMISSIONER KLUCIK: If they plugged in the number that you think is more
accurate, would the fiscal neutrality, then, not be achieved?
CHAIRMAN FRYER: Well, I don't know, but the problem is is that we can't allow
ourselves to be in a position of not knowing, because the applicant has the burden of proving
by competent substantial evidence the essential points of this, including fiscal neutrality. So
the fact that I don't know is --
COMMISSIONER KLUCIK: Yeah. No, no. I'm just trying to figure out if there's
a way that we could plug in the numbers that you think are accurate, and maybe we can find
out right away that it either is or is not. You know, because if it's -- if you plug those
numbers in and it meets the fiscal neutrality, then it's an issue that we should deal with, but it
doesn't necessarily impact this petition negatively.
CHAIRMAN FRYER: Very good point. Let me -- let me respond to it.
This goes back to a time before you were on the Planning Commission when Mark
Strain was the chairman, and he and I and perhaps others on the Planning Commission at that
time asked DPFG, this consultant, if they would open up the spreadsheets so that we could
plug in our own numbers and see how that changed resulting -- how that affected fiscal
neutrality, and we were informed that that was not going to be permitted because it was
proprietary, and so the matter died with that.
MR. YOVANOVICH: Let me -- when is it my turn?
CHAIRMAN FRYER: Right now.
MR. YOVANOVICH: I'll deal with that point first and then work my way
backwards, and then I'll let Lucy actually talk about the actual study.
What we said to Mr. Strain at the time was we'll sit down with you. Tell us what
numbers you want to put in. We'll plug them in, and we'll run them. We will not give you a
model that you could jump in and plug in whatever you want to come up with whatever result
you may want to come up with. We wanted to control how the model was actually being
used with the numbers that Mr. Strain wanted to put in. He didn't want to live with that
constraint, so that's how that issue resolved itself. We never said you cannot plug numbers
into the model.
Second of all -- and I'm trying to find the actual LDC provision. But the county has
to review and approve our methodology before we even go forward with doing the economic
analysis. The methodology was reviewed and approved, and it was reviewed by Jacobs
Group -- I think that's their correct name. I know he's Jacob, so I don't know if it's Jacobs
Group -- as a peer review, and they found that the assumptions in our analysis were
appropriate.
There's probably a bunch of different ways to look at economic analyses. But the
analysis that we went through has been used for several villages, has been reviewed and
approved by county staff, and that's the requirement in the code, and that's what we've done.
So the analysis has come back to say we are fiscally neutral, and that's the requirement. We
have to get approval by county staff.
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But I'll let Lucy get into the questions you have about what impact, if any, changing
the persons per household may have on the conclusion, but we followed the prescribed rules
for the economic analysis, and until the county adopts a different methodology, we can't be
subjected to someone else's on this board's desires to look at it a different way, with no
disrespect. But there's a methodology, it was approved, and we applied it, and it's been
applied and tested by an independent review on multiple occasions.
And with that, I'll turn it over to Lucy, because I don't know the specifics about
persons per households and all the different studies, but it's used from an impact fee analysis
that is determined to -- that is used to determine impact on infrastructure.
CHAIRMAN FRYER: Okay. Before you do that, I'm going to call on
Commissioner Vernon.
COMMISSIONER VERNON: Yeah. And this may not be the appropriate time to
sort of raise this. Maybe we should hear from Lucy first, because I don't want to cut off your
ability to address what I think is a great point you're making, Mr. Chairman.
That even though, as Mr. Yovanovich stated, he's doing it legally and correctly, the
underlying premise for doing it is what you believe to be, and it probably is, outdated data
that still happens to be in the system, and eventually we need to get away from that. But my
feeling is, the question you're raising is more of a going-forward big-picture issue that's going
to come up again and again, and maybe there's some way we could address it rather than it
being an issue for today.
Again, I don't want to cut off whoever wants to explore it on the Board for as long
as -- but I'm saying, I'm not sure it's -- I think it's a super important issue, and my solution
would be to see if -- whether we can use it as a determinative thing -- in other words, it's not
what we legally rely on to make our decisions, but I would think that we could make some
kind of a rule or protocol that we ask either staff to come up with the procedure you're using
with -- and hopefully not -- without a lot of work, because I know you guys are busy, or
there's probably a legal way we can ask applicants to do this in the manner -- we come up
with a protocol we think is more appropriate, and we don't necessarily legally rely on it, but I
think it would be helpful in our decision making, especially if I said -- you know, at some
point they're probably going to recognize that what's being relied on right now is obsolete.
So I think we ought to explore that at some point, whether today or at another point, to
come up with a system so that you don't have to do those yourself, and either the staff is doing
that analysis using your presumptions based on what sounds like a lot of research, or if we can
legally do it, require the applicant to present that.
CHAIRMAN FRYER: Thank you.
And before we go to Ms. Gallo, just a quick question for Mr. Bosi following the
discussion we had yesterday.
And a short answer is sufficient unless you believe a longer one is necessary. But it's
true, is it not, that the higher the persons-per-household figure that is used, the more of a drain
there is -- more utilization there is of infrastructure?
MR. BOSI: That follows basic logic, yes.
CHAIRMAN FRYER: Okay. Thank you.
MR. BOSI: The more people would be the more taxation upon an infrastructure that
would be experienced at a local level.
CHAIRMAN FRYER: Thank you, all right.
Mr. Yovanovich.
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MR. YOVANOVICH: Well, I'll -- you know, again, the actual language in the
code -- because I agree with Mr. Vernon, if you want to change the rules going forward, that's
fine. Let's come up with a model that everybody agrees is the right way to measure fiscal
neutrality. But what it says in the code, it says, if Collier County has not adopted a fiscal
impact model as indicated, which it has not, the applicant may develop an alternative fiscal
impact model using a methodology approved by Collier County.
That is exactly what we've done, and we've done it on every village to this point, a
methodology approved by the county. If the county wants to come up with its
methodology -- and I'm not saying it shouldn't, but that's perspective. We can't be asked to
try to figure out what is it that might make one planning commissioner feel that it's an
appropriate analysis versus another. But it's got to be going forward. Because we've met the
code; it's a methodology approved by the county. I don't know if there's any significant
impact. That's for Lucy to talk about. I had a brief conversation with Mr. Bosi about she
used a number assuming there were no vacancies, so maybe her number actually is closer to
the other number that assumes a portion of vacancies. But I'll let --
Lucy, are you on the line?
MS. GALLO: I sure am.
MR. YOVANOVICH: I'll let you take over on the specifics at this point.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Commissioner Klucik.
COMMISSIONER KLUCIK: I guess I would just say that I think this issue has come
up. You know, I think it came up, you know, since I've been on the Board as well, and I
don't think it's fair for us out of our -- you know, anyone's dissatisfaction on this Board to not
allow the, you know, petitioners to come forward based on the standard that exists. I just
don't -- I don't understand how we can think that's a fair way to proceed, and I don't think it's
on the petitioner. It's not the petitioner's burden to get around our concerns.
We have the -- you know, us and then, obviously, the County Commissioners, if they
want to impose some other standard, that's what needs to be done. And to have us make it
seem like we're not quite sure what the standard is, and we'll tell you what we think the
standard is now because we like this source, I don't think that's how government works, and I
don't think that's how government should work. And if it does work that way, I think that's a
real problem, because I don't think that provides due process and fairness to petitioners.
CHAIRMAN FRYER: I don't disagree with everything you said.
Some of what you said I agree with, but by -- I'll finish up, and then I'm going to call
on the people who are waiting.
My concern is to have made this record, perhaps for the future, because I believe that
if we represent anybody at all up here, other than just ourselves, it's the taxpayers and
residents of Collier County. And if you allow a project to go forward on the grounds that it
has been claimed to be fiscally neutral and it's really not fiscally neutral, it's the taxpayers
who are going to end up footing the bill for the difference.
COMMISSIONER KLUCIK: And I'm certainly not opposed at all to establishing
some other standard. I just think we can't do it in the midst of the petition. I just don't think
that's appropriate. And I think you've already agreed on principle that that's a good point to
make, and I don't know what the solution looks like, but...
CHAIRMAN FRYER: Okay. Commissioner Shea.
COMMISSIONER SHEA: So just to be clear -- because I have the same concern that
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you're raising -- impact fees are based on dwelling units, right, not number of people? But
the impact on the system is based on the number of people. To me, this is -- and that's the
point everybody's making is a huge difference if it's one or two in the analysis. So to me, it's
not the model; it's the assumptions that we've put in the model and the accuracy of the data.
What -- I'm more worried, as you are, is that we're using the right data. We're not necessarily
saying it's the wrong model. We're just saying it's got the wrong assumptions in it.
CHAIRMAN FRYER: Commissioner Vernon.
COMMISSIONER VERNON: Yeah. As a matter of a legal analysis, I don't think
that -- and I agree with what Robb said about this has come up before, and that's the reason I
talked as much as I did about this. If it keeps coming up, it's something we need to solve as a
recurring problem.
I also agree with Robb that I think it's more forward thinking. It's not really dealing
with the application today. But just to clarify, from what you said, Robb, I am not suggesting
as a lawyer -- as a trained lawyer I'm not suggesting we change the legal standard. The legal
standard is the legal standard. I think, in the future, they'll present exactly as they're required
to, which they are doing today.
What I'm saying is I think the more information you have, typically -- not always, but
typically the more information you have, the better decisions you make. And as a
quasi-judicial entity, I think it would be super helpful if we had the type of analysis that our
chairman just did before us to consider along with all the other evidence, and that does not
become the standard we rely on but, rather, becomes additional information, and I think that
information should be provided to us once we agree on what it is by the applicant or the staff,
depending on the burdens and the legalities of that. So that's -- I just wanted to clarify what
I'm suggesting.
CHAIRMAN FRYER: Thank you. I'm looking at the clock -- quickly, yeah.
COMMISSIONER SHEA: Can I? When you say "legal standard," using 1 person
or 1.05 person, that's not part of the legal standard. The legal standard is an approved model.
It's an assumption that we have to get into with staff as to what is representative of the number
of people per household we want to use in the neutrality analysis.
MR. YOVANOVICH: I think -- if I may. Over here.
CHAIRMAN FRYER: I'm going to have to cut you off, because we need to have a
court reporter break, and we'll resume this discussion as soon as we return.
COMMISSIONER VERNON: Can I say one more --
CHAIRMAN FRYER: Quickly.
COMMISSIONER VERNON: Completely off point. But I believe in the break
you're going to take a look at CO level for completing the park walkway, and during the
break, I assume you're going to attempt to address our multiple concerns about the golf cart
problem, and I would also like you to see if you can come up with a minimum parking spaces
for the park, public parking spaces, so that the park, which is open to the public, is public
friendly. You understand what I'm asking?
MR. YOVANOVICH: I do.
COMMISSIONER VERNON: Okay. Thank you.
CHAIRMAN FRYER: Okay, good. And with that, we will take -- and since we're
asking the applicant to check with his client on some things, we'll give a little bit more time
than we usually do. We'll go to 15 minutes. Fifteen and 35 is 50, so we'll stand in recess
until 10:50.
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(A brief recess was had from 10:35 a.m. to 10:50 a.m.)
CHAIRMAN FRYER: Ladies and gentlemen, let's return.
Mr. Yovanovich, go ahead.
MR. YOVANOVICH: Do you want to hear from Ms. Gallo, or are we -- have we
come to the consensus that this is something that needs to be dealt with prospectively or
currently with this petition?
CHAIRMAN FRYER: Well, let me -- let me say this: Why don't we reserve -- why
don't you reserve the right to bring her back on rebuttal, because I had a very good
conversation with staff yesterday, and I am not necessarily leaning against this project.
So why don't you hold onto her in the interest of time, and if you want to bring her
back, you can.
COMMISSIONER SHEA: Is staff going to talk about this more, because I'm not --
CHAIRMAN FRYER: Yeah, I'm going to --
COMMISSIONER SHEA: Okay.
CHAIRMAN FRYER: I'm going to encourage Mr. Bosi to outline some -- frankly,
some benefits that he finds in this project, not only as compared to previous villages that have
been before us, but also things that didn't necessarily make their way into the economic
analysis. And I place a lot of faith in our staff and Mr. Bosi and his team, and so I want all of
us to hear that. And then if it seems as though we want to hear from Ms. Gallo again -- I feel
like I've made the record I wanted to make.
COMMISSIONER SHEA: But we're making a lot of assumptions based on a number
that we see, and we're getting upset, but nobody's calming us down with an answer. That's
what I'm looking for.
CHAIRMAN FRYER: Well -- and for that reason we very well may want to hear
from Ms. Gallo and -- would you like to hear from her now, or do you want to --
COMMISSIONER SHEA: Well, the issue that you initially brought up is the 1.05. I
mean, I look at single-family homes. I don't care whether -- I mean, impact on the
community is based on the size of the house. It's not based on whether it's occupied all the
time. That's what the actual impact is. But when you said an impact analysis can do that, to
me an impact fee rate should be based on the impact of the number of people in the home, and
that's a very critical number in the neutrality calculation.
CHAIRMAN FRYER: Absolutely and, also, attention needs to be given to the U.S.
Census and the BEBR number. But I think what we're going to hear again from
Mr. Yovanovich and Ms. Gallo, and correct me if I'm wrong, but their point is that they've
done it along the lines as has been prescribed by the county.
COMMISSIONER SHEA: But the county doesn't prescribe the assumptions. They
provide the model. The county has accepted the 1.05?
MR. YOVANOVICH: They have accepted our study and the assumptions in our
study.
COMMISSIONER SHEA: Okay. So we can wait for Mr. Bosi.
CHAIRMAN FRYER: Yeah. Let's hear from Mr. Bosi, and then we can decide,
you know, whether we want to bring Ms. Gallo in, if that is all right with you, applicant?
MR. YOVANOVICH: That's fine with me.
CHAIRMAN FRYER: Okay. All right.
MR. YOVANOVICH: Do you want to hear from him now, or do you want to --
CHAIRMAN FRYER: Well, let's wait until you've finished your presentation.
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MR. YOVANOVICH: Because I was going to answer the three questions I was
tasked with.
CHAIRMAN FRYER: Oh, yeah, do that. Go with that, please.
MR. YOVANOVICH: Because I'm just happy I remembered all three.
The first one regarding when we will complete the linear park, we propose that it be
completed by the 750th CO, which is a little over 30 -- a third of the project. So that's what
we propose.
CHAIRMAN FRYER: Okay.
MR. YOVANOVICH: At each -- each trailhead or park, as we showed you, we'll
have a minimum of 20 parking spaces at each of those, minimum.
COMMISSIONER SCHMITT: How many?
MR. YOVANOVICH: Twenty. Minimum of 20. And then --
COMMISSIONER VERNON: So that's 40 total?
MR. YOVANOVICH: Well, it will be 20 at each. It could be more, but --
COMMISSIONER VERNON: Minimum of 40.
MR. YOVANOVICH: Yeah. Minimum of 20 at each.
COMMISSIONER VERNON: Got it.
CHAIRMAN FRYER: I was having trouble writing. Would you tell me the first
point again; 30 percent of the COs.
MR. YOVANOVICH: No. We said 750 COs, which is 33 percent of the project.
CHAIRMAN FRYER: Seven fifty COs.
MR. YOVANOVICH: Right.
CHAIRMAN FRYER: Okay. Got it.
MR. YOVANOVICH: And then a minimum of 20 parking spaces at each of those
two parks that are at the trailhead of the --
CHAIRMAN FRYER: Each of the trailheads?
MR. YOVANOVICH: Yeah. And then it gets a little trickier on the golf carts.
What we propose is that we will -- we will develop an informational sheet to the residents to
tell them how to properly operate the golf carts and how they will -- where they can actually
drive them and where they can't drive them. That's the easy part. We'll do that. Now, the
enforcement gets a little trickier. Obviously, on the -- you know what, let me go to -- on the
HOA roads, we can have the HOAs be responsible for the enforcement of the rules and
regulations. How seriously they take that, I don't know.
COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: Yes, go ahead.
COMMISSIONER KLUCIK: Okay. So the HOA roads, I understand, would be
within the HOA boundaries, but if they're funded by the district, they get deeded over to
the -- your district.
MR. YOVANOVICH: The HOA roads will be enforced by the HOA.
COMMISSIONER KLUCIK: Well, no. But if they get deeded over to the district
that funds them, then they don't have a method by which they -- they cease to, then, control
the street because it becomes owned by the district.
COMMISSIONER SCHMITT: That's not correct.
MR. YOVANOVICH: And that's where it gets tricky.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: There still is a -- there are provisions in the law for
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the foundation to enforce foundation rules. So whether you call it the foundation, the
association, or other, they can, as I said, form a fining committee, and they can enforce the
rules and assess a fine. Now, if the people who get fined want to take it to court, there's
enough legal precedence to defend the action of the community to take action against those
who violate the foundation rules. It's --
MR. YOVANOVICH: Since you know more about this area of the law than I do, I
say to the extent permitted by law --
COMMISSIONER SCHMITT: Yeah.
MR. YOVANOVICH: -- the HOA will enforce rules on CDD roads if they're
allowed to, but I've got to caveat it by "to the extent permitted by law."
COMMISSIONER SCHMITT: Okay.
MR. YOVANOVICH: Now -- on the main CDD roads -- and I think that's probably
your major issues in Ave Maria -- we're all subject to the time that the Sheriff's Office has to
enforce that. I can't -- I don't have another methodology to fix it. I'm sure it's not a high
priority, but we just have to hope that people who have these golf carts realize that they're not
only putting themselves in jeopardy but people who are driving cars, and they need to
just -- we have to trust that people will do the right thing.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Vernon, and then Commissioner Klucik.
COMMISSIONER VERNON: Getting a little lawyerly, but how about, to address
Jeff's certain, "to the extent not prohibited by law" --
COMMISSIONER SCHMITT: Yeah.
COMMISSIONER VERNON: -- rather than "permitted by law."
MR. YOVANOVICH: Okay. If you'll tell me why you want to change "permitted"
to "prohibited."
COMMISSIONER VERNON: Because I think you ought to exercise your discretion
in favor of enforcing the rules unless you're aware of some law that prohibits it as opposed to
you reading five cases, three of which rule against you, two which rule in your favor and say,
well, I don't think it's permitted. I think that we take away a little bit of your discretion and
we say, you do it unless you can cite us some statute or clear case law that prohibits it. So I
think it gives you a little more power to do it.
MR. YOVANOVICH: Or on the contrary, it makes me take more risk.
COMMISSIONER VERNON: Correct.
MR. YOVANOVICH: It doesn't give me any power. The law is the law.
COMMISSIONER VERNON: Well, it gives you power to enforce it. And if you're
following that rule, I think you'll be more inclined to enforce it.
CHAIRMAN FRYER: I think what we're talking about is not ordinance type laws
but covenants that find themselves in declarations, and I think it's pretty plain vanilla. For
instance, in our condo association, the trustees have the authority to levy fines on people who
do not pay their dues on time, and it's enforceable as a covenant that runs with the land.
COMMISSIONER KLUCIK: Well, I think the problem is is someone can -- you can
fine them if they're in their driveway, but you can't fine them when they're on the road. So if
they violate -- you know, if the violation is, hey, you're operating that on the road that's now
owned by the district, then you can't impose a fine for whatever violation you think there is.
You know, you have to -- it has to be on something that is -- the jurisdiction. And the road is
no longer the jurisdiction of the HOA at that point. That's all. But --
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CHAIRMAN FRYER: You may very well be right. I just don't know.
COMMISSIONER KLUCIK: And I guess I'll say, I think -- and this is the last I'm
going to say anything about the golf carts. It's very frustrating to be on a board that can
weigh in on these things and influence these things -- and I'm certain it's probably very
frustrating for a developer to develop a community and not to be able to figure out how to
resolve this more perfectly because it's -- you're right, it is a problem in probably every
community that has golf carts.
And so that's the basis of my frustration. Here I am on the Planning Commission, and
I don't really think that we have a good solution, and that's frustrating.
MR. YOVANOVICH: I'm not disagreeing.
COMMISSIONER KLUCIK: And it has nothing to do with your petition in
particular. It's just that's an explanation for why I've been saying the things that I've been
saying.
MR. YOVANOVICH: Sure.
COMMISSIONER KLUCIK: And I think everybody probably is a little frustrated
and --
CHAIRMAN FRYER: No one is signaling, so, Mr. Yovanovich, you have the floor.
MR. YOVANOVICH: Did I answer all three? Which one did I miss?
CHAIRMAN FRYER: I think so, yes.
COMMISSIONER VERNON: And, you know, maybe my fellow board members
don't agree with me, but I think we're better able to achieve our purposes with the nuance
change in the wording I requested. So if everybody agrees with me, or most people agree
with me on the Board that I put it to you, can you live with that, "to the extent not prohibited
by law"?
MR. YOVANOVICH: I'm sure we've got several more minutes in this presentation.
Can I think about that while staff's making their presentation? My reluctance is it's hard for
me to tell a client to get into a gray area and accept some risk that if they're wrong, I don't
know what the ramifications to my client are if they lose that lawsuit. Because someone's
going to challenge it if it's gray. I can only give legal advice as a lawyer. I read the cases
that say you can't do it. You're telling me unless there's an absolute clear case right on point,
you want me to tell my client to take the risk, and I just need to think about that.
COMMISSIONER VERNON: So you'll get back to us?
MR. YOVANOVICH: Yeah.
CHAIRMAN FRYER: Okay. That's fine.
MR. YOVANOVICH: So I think we left off -- I can't remember. Do you want to
hear from Lucy or not? I think you said you did, or no?
COMMISSIONER SHEA: I thought we wanted to --
MR. YOVANOVICH: You want to do it with staff, okay.
CHAIRMAN FRYER: Not at this time. You can reserve the right to bring her in.
MR. YOVANOVICH: Hopefully, Mr. Bosi will allay your fears.
There are two -- two agreements that are part of the project and the fiscal neutrality
analysis. One deals with roads, and one deals with utilities. And I've got some bullet points
for what each of these agreements address.
We have a commitment to reserve 100 feet of right-of-way along Immokalee Road for
the county as part of this agreement, and that will allow the county to get to a 200-foot-wide
right-of-way should the -- when they're ready to expand Immokalee Road.
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We've agreed to reserve 4.2 acres for -- within the project to address right-of-way
stormwater attenuation issues.
This bullet point needs to -- we've agreed to pave Red Hawk Lane from Immokalee
Road to a minimum of 200 feet beyond the village access point on Red Hawk with up to
20 feet of asphalt, but that caveat is if we have the legal right to do that. There's a question as
to who owns Red Hawk. The county says they don't own it. We can't find any easements
that say we even have the right to use it. So if we're not allowed to pave it because we don't
have the right to pave it, then, obviously, we can't pave it. So we're going to have to -- so
that's conditioned upon finding the authority for us to go in and make those improvements to
Red Hawk.
We've agreed that if a final design of intersection improvements at Red Hawk Lane
and Immokalee Road are complete at the time of the subdivision plat, we will reserve a corner
clip at the northeast corner of that intersection for future intersection improvements should
they be deemed necessary.
If a traffic signal or other control device is required within the public right-of-way at
the project entrances, we will design, permit, and construct those at our expense.
Mr. Trebilcock did an analysis of potential intersection improvements that need to
occur because of the project, and the analysis came to a payment of $555,660 to be paid to the
county to address intersection improvements, and we'll do that within 90 days of the effective
date of the agreement.
This is not even -- this is an offsite, faraway improvement that we agreed to help the
county on, although really not technically related to our project. If they want to -- if the
county wants to realign the intersection of Camp Keais Road and Immokalee Road and build
a roundabout, we will work with the county to exchange right-of-way to make that occur.
And then, finally, we'll provide notice to our residents/tenants of the commercial use,
that there will be no sound wall or other barrier of any kind to reduce impact built by the
county. And if there ever is a need for that road -- I mean, if we ever agree to build a wall, it
will be at our expense to address noise impacts. So that's the road DCA.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Rich, you brought up the issue about traffic -- or the
road improvements. We all received, I believe, yesterday email from Corkscrew Island
Neighborhood Association, CINA as it's abbreviated. Now that issue is resolved, and you
consent to the -- I guess the issues that they were raising? Some kind of resolution. But it
says, basically, that -- require that Brightshore Village to reserve their commitment to
recognize and study the Red Hawk/Immokalee intersection as warranted, which you stated,
correct?
MR. YOVANOVICH: Right.
COMMISSIONER SCHMITT: Does that include the 550 -- $550,600 improvement
that Norm came up with? Is that -- or is that separate?
MR. TREBILCOCK: That's separate.
MR. YOVANOVICH: That's -- yeah, that's not -- I didn't think that was included in
the $555,660.
COMMISSIONER SCHMITT: That issue was resolved as far as Corkscrew --
MR. YOVANOVICH: Well, we're going to look at Red Hawk Lane but, again, we
don't own it.
COMMISSIONER SCHMITT: Yeah, I understand.
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MR. YOVANOVICH: So we have to figure that out. But our commitment is to do
200 feet of pavement beyond our village entrance. And if that -- if you see in the master
plan --
COMMISSIONER SCHMITT: Because they stipulate -- I'm reading this
again -- that it's a private road. I asked Mike Sawyer. But you don't know. As you stated
you didn't know who was --
MR. YOVANOVICH: Yeah, this is -- whoops, I'm sorry. We are going to provide
the residents of Red Hawk -- we're going to stub out, you know, an interconnection. Whether
or not we can ever make that occur, we don't know because we don't know that we have the
legal right to make that connection and do those improvements.
COMMISSIONER SCHMITT: All right.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yes. And as that same resolution from the Corkscrew
Island Neighborhood Association, they also are asking that the developers of Brightshore
Village share expenses with the IRV for study, design, and construction of the intersection
improvements at no expense to the county or adjacent property owners.
MR. YOVANOVICH: To where? I'm sorry. I don't have the email in front of me,
so I --
COMMISSIONER SCHMITT: Oh, okay.
COMMISSIONER KLUCIK: Can staff make sure that they have a copy and make
sure that's entered into the record as well?
COMMISSIONER SCHMITT: We got that yesterday from --
COMMISSIONER KLUCIK: It's a resolution dated October 18th, 2022.
MR. YOVANOVICH: Do we have that? I don't remember seeing that. Today's the
20th, so...
COMMISSIONER SPARRAZZA: Would you like a paper copy temporarily?
MR. YOVANOVICH: Yes. Thank you.
COMMISSIONER SCHMITT: Staff did not forward that to the petitioner?
Andrew? You, I guess, forwarded that to us, but --
COMMISSIONER KLUCIK: Mr. Chairman, I'd like to move that into the record just
as something that we're discussing so we know how to reference it.
CHAIRMAN FRYER: Without objection, it's in the record.
COMMISSIONER KLUCIK: And if staff could make sure that that's -- you know
what we're talking about, Mike?
MR. BOSI: Yep.
MR. YOVANOVICH: I'm going to give this to somebody smarter than me to look at.
CHAIRMAN FRYER: All right. And when you're finished looking at it, please
give it to the court reporter.
COMMISSIONER KLUCIK: I already have a copy.
MR. YOVANOVICH: So I'm not -- thank you. I'm not in the -- I can't respond to it
yet. I'll have to look at that, and we'll deal with that on rebuttal.
CHAIRMAN FRYER: Okay.
MR. YOVANOVICH: Anything else on the road?
CHAIRMAN FRYER: No one else is signaling at this point.
COMMISSIONER SCHMITT: I have --
CHAIRMAN FRYER: Oh, Commissioner Schmitt.
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COMMISSIONER SCHMITT: -- three other areas I want to address. I just don't
know if you're done yet.
MR. YOVANOVICH: The last thing I had to talk about was the utility agreement,
and there are some points with that. And that, I believe, was in your backup information, the
utility agreement. Was it? Was the utility agreement in your backup? If it was, I'm not
going to go over the points. But if I need to, I'll go over it quickly.
CHAIRMAN FRYER: Commissioner Klucik, did you want to be heard now?
COMMISSIONER KLUCIK: No, I can wait until after Commissioner Schmitt.
CHAIRMAN FRYER: Okay.
MR. YOVANOVICH: We've agreed, basically, to use irrigation water from the
county, so we've made some commitments with regard to that to construct separate irrigation
lines and accept irrigation water from the county.
The county -- the county is going to extend their water and sewer lines to an
agreed-upon point of connection, and the county will do that by January 6th, 2024. We're
also reserving five acres for the Collier County Water/Sewer District within the project.
We will require all developers to install internal irrigation quality water, as I
previously mentioned. And then we've agreed to prepay for 250 ERCs or, basically, units for
both water and sewer and then use them -- we'll prepay them, and then we'll only use
50 percent of that amount towards the payment of actual connections. So we're basically
upfront funding some of the utilities expenses related to providing service to the project.
We had a NIM on April 27th, 2022. There was only one comment made by the
public, and it was "where's the fire station?" and the fire station -- the response was, it's across
the street. But that's -- that was the only comment we received at the neighborhood
information meeting.
Your staff is recommending approval with two conditions. We are fine with both
conditions. And we are requesting that the Planning Commission recommend to the Board
of County Commissioners the designation of the Brightshore Village SRA.
That completes our presentation.
CHAIRMAN FRYER: Thank you.
Commissioner Klucik.
COMMISSIONER KLUCIK: I think Commissioner Schmitt wanted to say
something.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Well, first -- and this is both to staff and to the
petitioner. The villages are primarily residential communities with a diversity in housing
types. We've been over this issue of what is a diversity in housing type. And as far as -- I'm
looking at Heidi, from a legal perspective, and staff, has the issue been met? Because we
debated this before about diversity. What did it mean, "diversity of housing"?
Initially, as I recall my time on staff, it was types of housing, single-family,
multifamily, that type, and then we got into a debate about whether this should include
affordable housing or some other types of issues. But as far as the SRA application -- and
this is under the zoning services review analysis -- staff is comfortable with the fact they have
met this, quote, diversity of housing?
MR. BOSI: Mike Bosi, Zoning director.
Yes, staff is satisfied. They have a variety of housing types that are being proposed.
They have minimums related to multifamily and single-family and single-family attached as
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well as group care facility potentials.
One of the things that staff was surprised that the applicant did not mention, which we
find is significant within the application, is the provision of affordable housing.
COMMISSIONER SCHMITT: Yeah.
MR. BOSI: This -- one of the things that I was speaking to the Chair about, the
RLSA program is unique to this county. It's the -- other than the Rural Fringe Mixed-Use
District villages, which we haven't had one proposed yet, they are the only developments
within this county that are required to provide for affordable housing. They are proposing
170 units being provided within -- within the village or that equivalent at an off-site location
that will be identified before a CO can be issued for the -- for the village to be made available
to the county, and one of the provisions that we have been talking internally is the Affordable
Housing Trust Fund and the money that's associated with that, the acquisition of these
properties so the county can take control of these affordable housing sites in perpetuity, not
for the 30-year commitment that would be required if they had it on site. But if the -- if they
chose the offsite location, the county would be made available as a -- to acquire that site at a
set price, and we would have control of that in perpetuity.
And I think that's one of the -- and when we talk about economic assessments, that
doesn't get incorporated withinto the economic assessment. That's not part of the method
rules and methodology that we have. I think that's a significant aspect that needs to be at
least recognized that this project, unlike any other project within the urbanized area, is
required to provide for affordable housing to meet some of the needs that are created by the
houses -- by the dwelling units that are being proposed within this village.
CHAIRMAN FRYER: This is one of the points that was raised in my meeting with
staff yesterday. And, Commissioner Schmitt, I certainly want you to finish, if you wish,
but --
COMMISSIONER SCHMITT: Go ahead. No, I want to stay on this topic.
CHAIRMAN FRYER: Yeah. This may be a perfect point -- because I think
Mr. Yovanovich had completed his presentation -- for you to just outline the things that we
talked about. That was one that is a significant benefit and maybe, if you could, unless
Commissioner Schmitt wants to say something first, you should --
COMMISSIONER KLUCIK: I do have questions for the petitioner, but I don't care
when --
CHAIRMAN FRYER: We can come back in.
COMMISSIONER KLUCIK: -- I pose them -- okay.
CHAIRMAN FRYER: We can come back in.
Go ahead, Mr. Bosi.
MR. BOSI: One of the other factors that is not part of the methodology -- and Bob
mentioned that there was, you know, over 5,400-some credits that were being utilized to
entitle. And one of the reasons why it only -- the zoning, as Rich, Mr. Yovanovich has said,
was in place -- this was just a designation of the SRA -- is because they have one foot in the
game. When they created the SSAs, they set aside land at, basically, almost a 4-1 -- a four
acre for every acre of development that they're entitling. They set aside land from
development, and 47,000 acres, roughly, has been set aside, no cost to the taxpayer, and that's
in perpetuity, that development will not be allowed within these environmentally sensitive
areas.
That's an economic benefit to the county, and at no -- as I said, at no cost to the
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taxpayers. That's not a component of the individual economic assessment. It's not by their
choosing. It's -- our methodology just doesn't recognize it. We want to focus strictly upon
the SRA and the impacts that the SRA is going to provide for. But from a 10,000 -- a
100,000-foot level, these villages, these towns in the RLSA are -- to me are one -- the greatest
regulatory strategies that we have within our GMP for the county to be able to provide for
land-use budgeting.
Now, this village here is not proposing any light industrial R&D space. But an
upcoming Town of Big Cypress that you will be reviewing an SRA provides for opportunities
for industrial type of development for an economic -- for economic advancement of a land use
that we know is in short commodity.
A good example of what that land-use budgeting provides for is contained in Ave
Maria. Along Oil Well Road, Arthrex has developed a manufacturing facility. They're also
developing apartment complexes in close proximity to that. We were facing a crisis of
potentially losing that facility to Lee County because they have an abundance of industrial
zoning. But the SRA provided for that opportunity to add an industrial component in a
preplanned master plan arrangement towards where that land can be set aside before
individuals and houses are developed so there can't be opposition or NIMBYism of not
wanting that in their backyard, and they can space it and they can buffer it appropriately
towards where it functions within the overall town or village, and that's another benefit that
this project has.
Every one of our infrastructure providers gets a seat at the table when they first come
in and say they're proposing X number of units and this number of commercial land, this
number of institutional square footage, and all of our -- all of our infrastructure components,
the school district, law enforcement, the fire districts all get to say if we need -- if they need a
space, if there's a reservation. And it's accommodated.
So the way that I view the RLSA -- and the last thing I'll talk about will be the
economic assessment. But the way that I view these SRAs and the scrutiny and the questions
are most certainly that the Planning Commission and the Board of County Commissioners
provides is appropriate, but at the end of the day this is one of the most demanding and
innovative review processes that the county has and, frankly, that I know in the State of
Florida of what's demanded. And it's akin to what the old DRI process used to be for larger
developments, but it goes even further, and it's much more localized with all the individual
utility providers and service providers sitting at the table.
Finally, on the economic development -- or not the economic development, but the
economic assessment -- and since Ave -- Ave Maria's first submittal, we have spent a
tremendous amount of time trying to make a determination is the economic assessment
correct?
And, Commissioner Shea, you hit the nail on the head. It's the assumptions that are
provided for within -- within the modeling that is a key component. But what we're trying to
do is look out 30 years and evaluate the economic impact and the costs and the revenues that
the county's going to expend, the county's going to receive based upon a set of assumptions
that we know in 30 years are going to be much different than what they are today. And we
asked them to not only provide an economic assessment. We asked them to also pay the
appropriate impact fees that are designed to address the impacts of an individual dwelling
unit.
We also asked them to establish developer contribution agreements towards where
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they have to pay their proportionate fair share of any operational impacts from a
transportation standpoint, but anything above that we know from an infrastructure capacity
that they're going to create with their development, they have to provide for additional
monies -- their proportionate share to do so.
At the end of the day, it's -- the questions of fiscal neutrality are difficult because
everyone, I think, has a unique perspective in terms of what they think is appropriate. What I
would say is one of the reasons why they utilized the 2016 EMS impact fee is because it was
countywide, and it studied the population trends countywide. BEBR and the census bureau
recognizes average persons per household about 2.35 countywide, but what it also recognizes
is that we have about a 24 percent vacancy rate, units that are vacant 24 percent -- 24 percent
of the time. That has to be incorporated withinto that functional population. That functional
population is about .51 percentage points lower than what BEBR says. That's roughly about
28 percent -- that's roughly about 28 percent of that total 2.35.
So if you take the vacancy rate and you wash that against -- you wash that against the
higher census identified persons per household, it ends up to right around 1 point -- 1.8, 1.85.
So the functional population -- and it's -- and impact fees are also not only dwelling units and
population, but there's other aspects that are utilized within the calculation.
In speaking with the County Manager, she did say that any suggestions that the
Planning Commission would want to have moving forward, that we as a staff would be
willing to work with the Planning Commission, work with the development community
moving forward. But what she also did mention to me is that as -- because we're getting
ready to commission impact fee studies on the majority of our impact fees. The trends that
we are seeing -- the persons per households within this county continue to go down, and it has
everything to do with the population that we're attracting in terms of our full-time residents.
There just -- they're not childbearing age, for the most part, and the numbers, quite
frankly, are somewhat -- I think would be somewhat surprising to people, but what -- the
trends that we're seeing are -- our persons per households continues to have more of a
downward pressure than an upward pressure.
COMMISSIONER SHEA: But they're not at one.
MR. BOSI: No.
COMMISSIONER SHEA: Nobody's going to buy a single-family home by
themselves. Even if they have no kids, they're still at two. That's where we're struggling.
It just seems like it's so nonrepresentative. You know, arguing over 2.3 or 2.1, that's an
argument, but 1 versus --
MR. BOSI: Well -- and I think that's where you get -- when you get a 50 percent,
25 percent vacancy rate for your units, that's means 25 percent of your units are not exerting
any demand upon any of your infrastructure.
COMMISSIONER SHEA: But you've got a capital component and you've got an
operating component. The impact fees should address the capital. You have to put the pipe
in the ground big enough to fit the unit whether it's occupied or not. And so you're spending
the cost. I guess I struggle with impact fees -- doing that is just addressing whether the
plant's going to get eight million gallons a day or 10 million gallons a day from those homes
because 20 percent is vacant. But the -- you still have to have the capacity at the plant, and
you have to pay for that.
So I get confused between impact fees, operating, and capital, because the capital is a
function of what you're -- what you're reserving for that dwelling unit.
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COMMISSIONER SCHMITT: Impact fees go through a rigorous dual rational
nexus.
COMMISSIONER SHEA: They do.
COMMISSIONER SCHMITT: It's not part of the economic assessment. It's a
separate complete study based on the incremental impact of a home or a business on the
community, and it's a dual rational nexus, and that's how they come up with -- and the impact
fees are recommended to the Board as the maximum that can be legally defensible to assess.
Now, whether the Board chooses to assign that is a different matter. Impact fees have
been a point of debate on this committee for -- I've been here 20 years, and it's been from the
day one, impact fees, because we are the highest in the State of Florida. And what do we
have now, 14? I can't remember. Twelve, 14 impact fees?
MR. BOSI: I believe 12. But, Commissioner Schmitt, you do raise a good point.
And that's another reason why that 2016 study has been relied upon, because it was one of the
last that was updated that used the countywide population and has been deemed legally
defensible, and that is the point.
We're doing an economic assessment. We're utilizing numbers that have been already
scrutinized from an outside -- from an outside legal firm that says that this is defendable; we
could defend this in court. And that's -- that's part of the basis of what our fiscal analysis is
centered upon, things that we can defend in court, that these are the -- these are the
expectations from a cost, and these are the expectations from a revenue standpoint.
COMMISSIONER SCHMITT: And it's based on the capital costs. For water/sewer,
it's based on what it takes to provide it to the house, not how much they consume; it's the
capital investment.
COMMISSIONER SHEA: So where does the percent vacancy come into the
calculation?
COMMISSIONER SCHMITT: That is -- that is --
COMMISSIONER SHEA: I don't see that in there at all. It should be in there at all
[sic], but --
COMMISSIONER SCHMITT: That's in the -- that's not in impact fees. That's
in -- that's in the model. And the model's been debated since we've initiated this Rural Land
Stewardship Program. It goes back 20 years. When Ave Maria first proposed it, everybody
agreed to it, and then Oil Well Road -- and the cost of Oil Well Road everybody said, wow,
Ave Maria will never be able to pay for this. That's been a debate for 20 years.
MR. BOSI: And let me add also, the state adopted the Hank Fishkind fiscal analysis
model.
COMMISSIONER SCHMITT: Correct.
MR. BOSI: And then the state, through practice, abandoned that fiscal analysis
model because too many discussions, I believe, as we're having here and have had in every
one of our SRA discussions, resulted in terms of ambiguity as to whether that fiscal analysis
was accurate or was not accurate.
CHAIRMAN FRYER: I'm going to interject, if I may. I know --
COMMISSIONER SCHMITT: I've got another question, but go ahead. We're
talking about this aspect.
CHAIRMAN FRYER: Signal, and then I'll get to you, because I've got
Commissioner Klucik first. I just -- since I sort of started all of this, I'd like to tell you, for
what it may be worth or not, where I believe I am on this.
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First of all, I accept the point of view -- the legal principle that this should be
something -- was it a fortiori? I believe that's the term that looks to the future rather than
dealing with the rules of the road as they exist today, all be they flawed. And I think the fact
that they're flawed is rather hard to debate, particularly in light of the census in BEBR.
Now, having said that, the -- probably the premier acknowledged expert on this
subject is our own esteemed County Manager who was kind enough to come down and offer
to speak on this and still would be willing to do so if we wish. But what she said to me is the
same thing I think that she said to you, Mr. Bosi, that accepting that it's time to rework this
approach and bring it up to date, she is willing to work with the Planning Commission and
staff to see if we can't identify other factors that may be very relevant such as vacancy rates,
but right now we're just doing -- guessing the number -- the functional population coefficient
of 1.81 on single-family detached may well have been designed to take account of the
vacancy situation, but that needs to be explicated for us. It needs to be laid out, and there
need to be clear rules of the road of how you evaluate that, how you calculate it, and then
what number you end up with. I'd have no objection to factoring those variables into this, but
the materials that we have in front of us just really didn't do that.
Now, the final thing I want to say is that, once again, Mr. Bosi made a very -- in my
opinion, impressive and persuasive analysis a lot of the good things about this project that
didn't find their way into this economic analysis. And, frankly, at this point I am leaning
toward yes on it because of those good things and also in view of the fact that, thanks to the
County Manager's offer, we'll be able to take a look at this going forward in the future and see
if we can't come up with something that is more up to date and more fair to the -- clearly fair
to the taxpayers.
So with that, I'm going to call on Commissioner Klucik.
COMMISSIONER KLUCIK: Yes, thank you, Mr. Chairman.
I wanted to just commend -- or just, you know, I guess, point out my agreement that it
seems like a good plan to -- that ring park, that seems like a good barrier to the bears with the
mote, so to speak, and I think that's good, because that is an issue -- right now it's a big issue
in Ave Maria, again. And people might recall a bear actually had to be shot because it
attacked one of the residents in her driveway, like, five or six years ago.
So it seems like it's a -- we can all just coexist, and then you remember that things like
that happen. And I think that's good forward planning, and I think it covers a lot of -- that
aspect of that park that rings the community seems to do all sorts of good things, in my view.
I did want to ask, you're familiar with -- because you're the one that I think presented
it. You're familiar with the change to the RLSA some years ago that modified the street tree
requirement under certain limited conditions, correct?
MR. YOVANOVICH: The answer is I probably did present it. Can I tell you right
now do I remember the specifics? No.
COMMISSIONER KLUCIK: Okay. So the idea was, very reasonable: Hey, there
are some situations where there's not a lot of room, and it makes sense that we can count the
trees in the front yard.
MR. YOVANOVICH: Okay.
COMMISSIONER KLUCIK: Okay? And, you know, that passed. It made sense.
I wasn't on the Commission. I was a nobody. I was just, you know, Joe Citizen who was
kind of whining about it. As you can imagine what kind of Joe Citizen, because you can see
how I am up here.
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MR. YOVANOVICH: I don't have to imagine it. I experienced it.
COMMISSIONER KLUCIK: Yes, yes. You don't have to imagine, I know. I'm
talking about everybody else.
COMMISSIONER VERNON: You didn't call him Mr. Klucik back then, did you?
COMMISSIONER KLUCIK: Not privately.
And I've come a long way, baby, as the ad used to say.
No -- and so, you know, at the time even I thought, oh, that makes sense. You know,
that's a -- what's to argue about that? The net result, though, was the implementation
immediately -- you know, the reason for which that was asked for and granted was a
neighborhood called Coquina, which was trying to shove a neighborhood on a
preexisting -- you know, it was platted and kind of set -- laid out for townhouses, and then
they decided to do a -- you know, a different project with individual homes. And I realize it
was -- you know, it was hard to fit it in there and all of that. And so you ended up where, oh,
gosh, look at this, we have this exception. And on every single lot the exception applied.
And so the whole basis for that community -- for the RLSA kind of, you know -- and
having this requirement for street trees was undermined, and you actually have a very
aesthetically different neighborhood, you know, there that doesn't have street trees.
And my question is: Do you know whether or not this -- you know, the neighbor's
plan will be taking advantage of that so that there will be no street trees, and it will be, you
know, aesthetically, you know, similar, that there won't -- you know, there be these nice paths
to walk on that are covered with shade?
MR. MULHERE: For the record, Bob Mulhere.
We have a requirement under the developer commitments which reads as follows:
Street trees will be provided throughout the village. Within the village center context zone,
they'll be spaced 40 feet on center. Within neighborhood general, they'll be 60 feet on center,
average lot size. Street trees shall have a minimum average mature canopy of 20 feet, so on
and so forth. So we're -- we are required --
COMMISSIONER KLUCIK: Right. So is that above and beyond what the code
requires?
MR. MULHERE: That --
COMMISSIONER KLUCIK: Because the code --
MR. MULHERE: So originally the code only required street trees in the village
center.
COMMISSIONER KLUCIK: Okay.
MR. MULHERE: I don't know if it presently requires them also in neighborhood
general, but we have a specific condition that says we will do --
COMMISSIONER KLUCIK: No, the neighborhood general is -- there is a very, you
know, strict requirement for street trees. The issue is there's exception, and my question is
very specific. Is the exception expected to apply so that we would have no street trees just as
we did in Coquina, which I think is an unfortunate situation?
MR. MULHERE: I don't believe so.
CHAIRMAN FRYER: This is a time when I need to remind everyone not to talk
over one another because the court reporter can only follow one person at a time.
MR. MULHERE: I'm just looking in the deviations to make sure there isn't one in
there.
COMMISSIONER KLUCIK: Sure.
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MR. MULHERE: No, we don't have a deviation -- we don't have a deviation that
relates to street trees.
COMMISSIONER KLUCIK: Well, it wouldn't be a deviation. It would be a code
exception that you don't need a deviation for. You just say, oh, wow, look, there's an
exception here that says, under these circumstances you don't have to have street trees
because the trees in the front of the yard count. My question -- I'll say it again -- and I
understand I'm asking a very pointed, specific question that you might not understand.
My question is: Are you expecting that, you know, the development you're going to
do here is going to be able to take advantage of that exception universally like Coquina where
there are zero actual street trees?
MR. ENGLISH: For the record, John English. I think the simple answer is, we
intend to put the street trees in. And I understand what you're saying is there is an exception.
But I lived through that, because I've done a lot at Ave Maria. I thought that particular
exception was an amendment to the Ave Maria SRA only. I didn't --
COMMISSIONER KLUCIK: Well, maybe it was.
MR. ENGLISH: I don't believe that was an exception made to the broader Land
Development Code.
COMMISSIONER KLUCIK: Okay.
MR. ENGLISH: But we do have cross-sections of our proposed neighborhood and
village center streets in our SRA document, and they provide for street trees. So we are not
looking for -- to do a Coquina type thing.
COMMISSIONER KLUCIK: Yeah. And, obviously, you know, you can do
whatever you want and have whatever trees you want. The issue is is I just, you know, want
to know up front what the plan is, and if you're expecting that that -- so what you're saying is
is you don't believe -- can we clarify that, whether or not that amendment that, you know,
applies in Ave Maria was just for Ave Maria or whether it was --
MR. YOVANOVICH: It is -- I'm sorry. I talked over you. It is just for Ave Maria.
COMMISSIONER KLUCIK: It's just the SRA?
MR. YOVANOVICH: It's just for Ave Maria.
COMMISSIONER KLUCIK: Okay. Got it. Just the Ave Maria. Sorry, yeah.
MR. ENGLISH: That was a unique situation, as you alluded to.
COMMISSIONER KLUCIK: Right.
MR. ENGLISH: There were previously developed streets with only 100 -- 90- to
100-foot-deep lots. It was really trying to --
COMMISSIONER KLUCIK: I will say that I think you've taken advantage of that
exception in your further neighbors but -- that are similar.
MR. ENGLISH: I don't believe so. There are -- there were some other amendments
to Ave Maria SRA that allowed, in certain cases, to put the trees outside the sidewalks, and
that has been used.
COMMISSIONER KLUCIK: Okay. Thank you.
MR. ENGLISH: And we provide our proposed cross-sections, and we do provide
option alternatives for locations of the street trees. We intend to do them. But there are
pluses -- there are pros and cons of where they're located, and so we put forward alternatives
for ourselves.
Thank you.
COMMISSIONER KLUCIK: And since I'm not voting on this, I am going to
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just -- now at this point I'm just going to say that my general impression here is that what
you're proposing is the perfect fit for the RLSA program, and, you know, I think it's a good
proposal. I do think we have some issues to discuss, though, with this resolution that the
neighborhood association has asked us to take a look at, you know.
And I would also -- just for the record, Mr. Chairman, I want to say that I have
submitted my Form 8B to Mr. Bosi, and if you can make sure that maybe -- I don't know who
has to get it, but I did send it to you and Ray.
CHAIRMAN FRYER: Thank you. So noted.
Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. I reviewed all the deviations. I think most
of the questions and issues have been covered. I have one statement regarding Deviation 3,
which seeks relief from the LDC Section 4.03.8.C, portable water systems, which states,
separate potable water and reuse water lines shall be provided by the applicant at no cost to
the county for all subdivisions and developments. Clearly understand that.
Reuse water lines, pumps, and other appurtenances will not be maintained by the
county. But you want to change the language to say -- to instead allow for the facilities and
appurtenances to be conveyed and maintained by the county. I would only stipulate that they
would be maintained -- conveyed and maintained to the county if you are tied to the reuse
system.
And, as I understand it, the capacity is not there to meet the demand. So if you
provide -- and you stated for the record, all -- you will install irrigation systems. Well, that's
required by the LDC regardless of whether it's private or conveyed to the county.
But my understanding is -- have you got concurrence that the capacity is available
from the county to provide reuse water out there? I guess John's going to answer that.
MR. ENGLISH: Sure. Again, John English, for the record.
These topics are covered in our developer agreement on utilities that Rich went over
earlier. To your question about the availability of reuse, the county has committed that for
the period which they do not have reuse, they're going to install these irrigation, what they
call, IQ water mains. And the long-term goal is that will be reuse water. Short term they're
going to provide that -- meet that commitment through potable water.
COMMISSIONER SCHMITT: Do you have consumptive-use permits that allow you
to take water from the ground and have your own irrigation system?
MR. ENGLISH: No. The county -- by our agreement with the county, the county
wants us -- they want to provide not only potable water but irrigation-quality water as well.
COMMISSIONER SCHMITT: All right. I'm going to go back to -- so there will be
no privately operated irrigation system?
MR. ENGLISH: Correct.
COMMISSIONER SCHMITT: Whatever you got is going to be conveyed to the
county both for water -- reuse water or potable water. It will be through that irrigation
system. You're not going to be taking water from the lakes or a consumptive-use permit that
may be available on site where you can take well water and provide your own -- your own
irrigation system?
MR. ENGLISH: I believe that's correct. I believe that's what our agreement requires
us to do.
COMMISSIONER SCHMITT: Okay. I'm fine, as long as --
MR. ENGLISH: I mean, the county will only own it -- per their standards, will only
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own it up to the meters, but yes.
COMMISSIONER SCHMITT: But I would -- yeah, my point is it would only be
conveyed and maintained by the county if the county provides the reuse water. If you're
providing your own reuse -- your own irrigation water, then it's your responsibility to
maintain that system, not the county.
MR. ENGLISH: Correct. The county -- we have an agreement with the county.
They're going to provide all three of those: Water, wastewater, and irrigation-quality water
to us. And we intend to use it.
COMMISSIONER SCHMITT: All right. Well, that answers the question, because
it's -- some communities have their own systems.
MR. YOVANOVICH: And just as an aside, that's actually a deviation requested by
the county.
COMMISSIONER SCHMITT: Yeah. Okay.
Deviation 1 was another one I wanted to ask. And your -- it has to do with the
setback of the signs, typically 10 feet to allow for five feet, and I want to make sure from
Transportation -- I guess they concurred with that. But Mike Sawyer -- I don't know. Is
Mike in the room? I don't see him.
CHAIRMAN FRYER: Here he comes.
COMMISSIONER SCHMITT: He stated that it's an approval by staff, but I just want
to make sure, because five feet seems to be rather close to the right-of-way for a sign but,
apparently -- I did not realize this, but apparently it's pretty widely accepted throughout the
county as a deviation.
MR. SAWYER: Yeah. For the record, Mike Sawyer, Transportation Planning.
Yeah, that is a reduction that we have recognized within communities.
COMMISSIONER SCHMITT: And it meets all the DOT standards, safety standards
and otherwise. Instead of 10 foot from the right-of-way, it's five foot from the right-of-way.
MR. SAWYER: Yeah. Again, we've accepted that.
COMMISSIONER SCHMITT: Okay.
CHAIRMAN FRYER: Thank you.
Commissioner Shea.
COMMISSIONER SHEA: Mike, a couple questions just -- I want to get the numbers
straight, so it will be easy ones. So how many acres are we actually putting into conservation
for the 5,200 transfer credits?
MR. BOSI: Well, the exact number of acres I will have to get back to you. They're
utilizing SSA No. 6, which is 9,911 acres. It's created about 20,000 credits. They're
utilizing a quarter of that. So roughly around 2,500.
COMMISSIONER SHEA: Acres?
MR. BOSI: Yeah.
COMMISSIONER SHEA: Wow. Also, clarification. Can we talk a little bit more
about the affordable housing component? You said it real quick, and I think it's great and
everything.
MR. BOSI: Okay.
COMMISSIONER SHEA: But you're saying they're setting aside 170 units, but if it's
off site, it's really acres they're setting aside, right?
MR. BOSI: They set aside acres with -- that results in the equivalent of 10 units per
acre, 170 overall units, because what they're required to provide for is a total of 170
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affordable housing units either on site or off site.
COMMISSIONER SHEA: So they're -- we're buying the land for that, the county is,
or are they donating that land?
MR. BOSI: The arrangement isn't for a donation. The arrangement that has
been -- that would be proposed would be we would acquire it for a specific dollar amount.
CHAIRMAN FRYER: Twenty-two thousand five, is that --
MR. YOVANOVICH: Yes.
CHAIRMAN FRYER: That's it? Yeah.
COMMISSIONER SHEA: And the last question is: Is that a -- so they don't need to
be concerned what level of development we have and what AMA that we service. That's
really up to us. So that's not a fair question for them, then. That's our question.
MR. BOSI: That's one of the things that I look at as a true benefit in terms of the
county being able to, in perpetuity, have affordable housing, that we could design what
income levels we want -- that we think is appropriate to serve, so yes.
COMMISSIONER SHEA: Thank you. That's what -- I just wanted to make sure I
understood it.
CHAIRMAN FRYER: Ms. Cook, did you want to be heard?
MS. COOK: I'm good.
CHAIRMAN FRYER: Okay. Thank you. I believe where we are is we're still
hearing from staff. Does anybody else have questions for staff at this point, comments?
COMMISSIONER KLUCIK: The only question I would have for staff is to hear
their reaction and what they would suggest regarding that resolution that we all received, if
they have any opinion onto the requests that are in that.
COMMISSIONER VERNON: Can I just add onto that? I agree, but probably -- if
he's had a chance to read it, we probably ought to also hear from the applicant on the same
issue.
COMMISSIONER KLUCIK: Yeah. So maybe after the break we discuss that?
MR. YOVANOVICH: I'm prepared to do it right now.
CHAIRMAN FRYER: Yeah. Let's quickly talk about our day. We've got a
time-certain coming up at 1:00. My thought and hope had been that we could have a
one-hour lunch, 45 minutes at the least, which would presuppose that we finish this up before
lunch. Does that --
COMMISSIONER VERNON: Do we have any public speakers?
CHAIRMAN FRYER: Well, are there any persons -- okay. We're going to have
one public speaker. Have you registered, ma'am?
MS. KANTOR: Yes.
CHAIRMAN FRYER: Okay. Any other public speakers? There's a second, all
right. So --
COMMISSIONER SHEA: We have more questions, too, maybe. I mean --
CHAIRMAN FRYER: All right.
COMMISSIONER SHEA: -- I have more.
CHAIRMAN FRYER: Okay.
COMMISSIONER SHEA: I wanted to talk to Mike.
CHAIRMAN FRYER: Okay. Well, my question for Mr. Bosi, then, is, is the
1:00 -- is that a time-certain or not-later-than time?
MR. YOVANOVICH: Not sooner than.
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CHAIRMAN FRYER: Not sooner than.
MR. BOSI: It would be not sooner than.
CHAIRMAN FRYER: Okay. So we could continue with this after lunch. Okay.
Thank you. All right.
Anything further from staff?
MR. BOSI: Nothing at the time. I mean, I will say that from staff's perspective, you
know, all of our Transportation, Utilities, all of our reviewing departments have reviewed it,
have added the appropriate specific conditions whether it be through a DCA or whether it be
through commitments within the SRA document, and all -- and all divisions and departments
have signed off, and staff is recommending approval with the conditions.
CHAIRMAN FRYER: Thank you.
Any further questions or comments for staff?
COMMISSIONER SHEA: Yes.
CHAIRMAN FRYER: Go ahead, Commissioner Shea.
COMMISSIONER SHEA: I don't want to beat a dead horse, but I still never
understand these traffic impacts and proportionate share and all that. I guess I struggle with
the fact if there's an existing problem with the level of service that the applicant isn't
responsible for, how do we know that what is being done by the county is going to correct
that problem? I still struggle with that. It just seems like we have all these intersections that
are below the level of service, and we're -- nobody's shown us that we're doing something to
correct that, and then we're going to pile on with all these developments.
CHAIRMAN FRYER: And the problem is is that the state has largely preempted that
and limited our ability -- limited the county's ability to decline developments on that basis,
and that's just --
COMMISSIONER SHEA: But to me you still should know what the impact is. I
mean, you can't --
CHAIRMAN FRYER: Yeah.
COMMISSIONER SHEA: -- keep piling on and expect it's going to get better.
CHAIRMAN FRYER: And when you look at the AUIR, you see when we're on a
collision course with respect to traffic. But as I say, we are constrained in what we can do.
When I first came on this commission, I -- before I realized what had happened in
Tallahassee, I made a point -- you know, I was the traffic guy up here. You know, I was
trying to argue for limitation of developments based upon what the roads could bear at the
time.
But, you know, it's a rather complicated formula. It has to do with the situation on
the roads before the development even comes in, and the development is not responsible for
that, and the proportionate share is calculated a certain way. It's -- frankly, it's alchemy, and
it's designed to be favorable to developers, and that's a decision that the Florida State
Legislature made, and our hands are tied.
COMMISSIONER SHEA: But at some point -- forget the laws. We're a planning
agency. And at some point we should be, in our own minds, comfortable that whatever is
going on in the county right now with the AUIR and capital projects is going to correct that
problem before we keep adding to it. That's the part -- nobody's ever shown me where we
have a plan that's going to take a lot of these level-of-service failures out, on Immokalee Road
in particular, because that's where most of our problems are.
CHAIRMAN FRYER: Let's ask Ms. Scott to respond.
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MS. SCOTT: Good morning.
COMMISSIONER SHEA: Good morning.
MS. SCOTT: Trinity Scott, department head, Transportation Management Services.
So we're talking about a village today that's not going to have a buildout within the
five-year AUIR period. It will have a buildout over a much larger period of time, and we do
have another planning process that's done through the Metropolitan Planning Organization
called the Collier County Long-Range Transportation Plan that right now goes out to 2045
where we do assess and look at what we anticipate for growth, particularly out in the eastern
part of Collier County. Those growth assumptions are based on the county's Comprehensive
Plan and the Interactive Growth Model.
So we do have a long-range perspective that feeds into our five-year AUIR. And,
quite frankly, it's actually done a pretty decent job of marrying up of where we anticipate.
With regard, specifically, to Immokalee Road, we have let a contract for Vanderbilt Beach
Road extension. That will take it out to 16th. I believe the notice to proceed was issued on
September 16th. It is a three-year project. So that is on the horizon. Within our five-year,
you guys are going to be hearing --
COMMISSIONER SHEA: What is that three-year predicted to do in terms of the
level of service?
MS. SCOTT: So our modeling estimates of it reduce the traffic on Immokalee Road
by about 20 percent. So that is a --
COMMISSIONER SHEA: Twenty percent.
MS. SCOTT: -- very good -- it provides an alternative route.
As part of the AUIR -- which you'll see me again in a couple weeks -- we're looking at
extending those limits out to Everglades Boulevard and then also bringing on parts of
Everglades Boulevard. So we're really starting to penetrate deeper east with our roadway
improvements until these villages get up and going and get some level of commercial out
there where we can start seeing that reverse commute.
I hope that answered your question.
COMMISSIONER SHEA: Well, it's still a lot of smoke and mirrors. But as an
engineer, it would be nice to say I'm doing this project, and that's going to add 150
peak-hour -- or take 150 off, and we're going to add this project, so we can take another 300
off, and now we're down to the level of service we want, and then we can start superimposing
what's not there yet. But it's smoke and mirrors to me still, and I'm an engineer.
MS. SCOTT: You should spend some time with our Planning staff.
CHAIRMAN FRYER: Thank you, Ms. Scott.
MS. SCOTT: Thank you.
CHAIRMAN FRYER: Commissioner Vernon.
COMMISSIONER VERNON: Yeah. I guess the way I look at it is this project is
going to help in some ways with affordable housing. This project, through a bigger umbrella,
is going to help in some ways with the environment by setting aside lands. And so within
that context, just the way I look at it is -- conceptually, is this project -- it's -- obviously, as
you add houses and people, you're going to add cars. But within that context, this village
design seems to be the concept of keeping people in the area, which Ave Maria's proven, and
that that is better than the alternative, assuming there's going to be some development.
So that's -- this seems to be, conceptually, without speaking to the project specifically
until the speakers finished, everybody's finished, but conceptually kind of a good concept to
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deal with more traffic.
CHAIRMAN FRYER: Thank you.
Anything further from staff?
(No response.)
CHAIRMAN FRYER: If not, I think we're ready for public speakers.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Commissioner.
COMMISSIONER KLUCIK: Well, no. I actually wanted to discuss this proposal
from the neighborhood association.
CHAIRMAN FRYER: Please go ahead.
COMMISSIONER KLUCIK: Oh, okay. So we have the proposal there, and
it's -- you have your copy of it?
MR. YOVANOVICH: Yes, sir.
COMMISSIONER KLUCIK: Okay. So they're asking that you split the cost, your
petitioner split the cost with the project I think we recently heard just south of Immokalee
Road. That's not -- you know, it's not in the Rural Lands Stewardship Area. The Immokalee
Rural --
MR. YOVANOVICH: Immokalee Road Rural Village.
COMMISSIONER KLUCIK: Immokalee Rural Road [sic] Village. That you would
split the cost of that -- any intersection change at Red Hawk and Immokalee Road, if there
needs to be a traffic circle there or et cetera.
MR. YOVANOVICH: Right. And our agreement with the county says you're pay
our fair share, which is exactly how it's supposed to work.
COMMISSIONER KLUCIK: Okay.
MR. YOVANOVICH: You cannot -- you cannot charge a project for more than its
impact. And so, no, we will not agree -- I can't commit IRRV at this point anyway. They're
not here. So the answer is, we've already addressed it in the agreement. We will pay our
fair share.
COMMISSIONER KLUCIK: If they're smart, they'll hire you.
MR. YOVANOVICH: They already have.
COMMISSIONER KLUCIK: Okay.
MR. YOVANOVICH: It hurt that you forgot that I was here for that petition.
COMMISSIONER KLUCIK: I should have remembered that, yeah.
CHAIRMAN FRYER: Commissioner -- oh sorry, go ahead.
COMMISSIONER KLUCIK: And then the next item is they're asking the county,
you know, the Commissioners, to require, you know, your client, the petitioner, to improve
turn lanes on Immokalee Road at Friendship and Lilac which are, you know, just down the
street from where you're at in this neighborhood -- in the Corkscrew Island Neighborhood
Association. Do you have any response to that?
MR. YOVANOVICH: Sure. The response is that is not -- those improvements are
not related to the impact of our project, so we will -- we will not agree to pay for those turn
lanes.
COMMISSIONER KLUCIK: Okay.
CHAIRMAN FRYER: There's a legal overlay, and I'm sure you're aware of it, called
exactions, and we have to be careful on that.
Commissioner Sparrazza.
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COMMISSIONER KLUCIK: Well, I just want to clarify that all I'm doing is
discussing what -- you know, what -- a resolution that a neighborhood association asked us to
consider. I'm not saying this is what I want. I'm asking their opinion about what they think
of those requests.
CHAIRMAN FRYER: And I think that's very fair for you to have done. So thank
you.
COMMISSIONER KLUCIK: Okay.
CHAIRMAN FRYER: Commissioner Sparrazza.
COMMISSIONER SPARRAZZA: Thank you.
I am not sure whether my fellow board members had also received a letter from a
Ms. Jean McCullum. I may not have pronounced that correctly; I apologize. If you have,
great. If not, if I'm the only one, maybe because I'm the new guy on the block, she is also
voicing a concern very, very similar regarding the traffic, in detail, turning left onto
Immokalee from Sanctuary Road. And I didn't know whether it was appropriate to tag that
onto the information that we've already shared with you so that at least you have it on record
in a document.
CHAIRMAN FRYER: Thank you. I have seen that.
COMMISSIONER SPARRAZZA: You have?
CHAIRMAN FRYER: Yeah.
COMMISSIONER SPARRAZZA: Okay. All right. So we've all at least seen it.
And I know we can't discuss whether or not we have seen it before the meeting, but that's
great. So we can enter this into the record if need be.
CHAIRMAN FRYER: Of course, certainly.
COMMISSIONER SPARRAZZA: Great. Thank you.
CHAIRMAN FRYER: Please provide it to the court reporter. Has the applicant
seen it?
MR. YOVANOVICH: I personally have not seen it.
CHAIRMAN FRYER: Do you want to see it?
MR. YOVANOVICH: Yes, I'll see it, but I'm assuming it's a similar situation; they
would like us to address the intersection that's beyond our impact, so...
(Simultaneous crosstalk.)
COMMISSIONER SPARRAZZA: Thank you.
CHAIRMAN FRYER: Okay. Well, it needs to be provided to the court reporter
after the applicant's had an opportunity to look at it, if he wishes, and at that point, without
objection, it will be received into evidence.
Okay. Thank you.
MR. YOVANOVICH: Quite a bit of help today. Thank you.
COMMISSIONER SPARRAZZA: You're welcome, sir.
CHAIRMAN FRYER: Commissioner Klucik, anything further, sir?
COMMISSIONER KLUCIK: No, thank you.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. Regarding this issue concerning Bright -- the
turn lane at Immokalee Road and Friendship Lane -- Mike Sawyer. I'm just going to ask
staff the question, because if you want to be specific -- and I'm looking for affirmation from
Mike -- the impact fees that are paid as Brightshore is developed, technically, will go towards
any improvements that the county sees fit to make as far as any improvements at Immokalee
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Road and Friendship Lane; is that correct?
So, technically, as the Brightstar is -- Brightshore is developed, they, in essence, will
be through impact fees being assessed contributing to improvements; is that correct?
MR. SAWYER: For the record, Mike Sawyer, Transportation Planning.
Actually, it's not.
COMMISSIONER SCHMITT: No? Okay.
MR. SAWYER: Impact fees only pay for increases in capacity --
COMMISSIONER SCHMITT: All right.
MR. SAWYER: -- not operational impacts. That's why we've got a two-part
fair-share document that came with the SRA application itself which showed that -- how
much of the impact fees were going to be covered on a link-by-link basis of their impacts.
COMMISSIONER SCHMITT: Okay.
MR. SAWYER: And then, besides that, we have an operational fair share which is
what is actually going into the developer agreement because those costs are not qualifiable
with impact fees. Impact fees have to go towards capacity increases.
COMMISSIONER SCHMITT: Okay. Then my following question. Is the county
looking at this issue being raised by CINA in regards to Immokalee Road and Friendship
Lane?
MR. SAWYER: Specifically, I do not have any -- any information at this point --
COMMISSIONER SCHMITT: Okay.
MR. SAWYER: -- that that is a problem. When it becomes a problem, yes, then we
do. We look at problems throughout the county on an operational basis when we're aware of
issues, and we look at -- along with the traffic counts that we take on our major roadways on a
quarterly basis to see where transportation increases are occurring and also just by knowing
what is happening out in the system itself.
COMMISSIONER SCHMITT: Okay. So, in conclusion, then, if this becomes an
issue, the county will have to address it somehow. But based on the petition from this
community, it is not deemed the requirement. It would be, as you stated, an exaction if we
tried to force the developer to make these improvements off site.
MR. SAWYER: Correct. What we've done with the operational analysis that was
done is looked at what the impacts of the development were going to be at those key
intersections.
COMMISSIONER SCHMITT: All right. Thanks.
CHAIRMAN FRYER: Thank you.
Anything further from the Planning Commission?
(No response.)
CHAIRMAN FRYER: All right. I think we're ready now for our registered
speakers, Mr. Youngblood.
MR. YOUNGBLOOD: Mr. Chairman, we have four registered speakers with us in
the room and three online. We will start with Maureen Bonness followed by Bebe Kanter.
CHAIRMAN FRYER: Thank you. And before we start, actually. I looked up at
the clock. It's 12 o'clock. What is the -- what's the wish of the Planning Commission for
lunch? And it seems that our 1:00 p.m. meeting is not-earlier-than rather than time-certain,
so...
COMMISSIONER VERNON: I'm very flexible whatever anybody wants to do, but
I'd just as well see if we can button this up and vote on it before we go to lunch.
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COMMISSIONER SHEA: Same thing here. Like he says, button it up.
CHAIRMAN FRYER: All right. That seems to be the sentiment, then. We'll
continue on. So, yes, ma'am, please -- I didn't catch your name. Again, please.
MS. BONNESS: Maureen Bonness.
CHAIRMAN FRYER: Spell the last name.
MS. BONNESS: B-o-n-n-e-s-s.
CHAIRMAN FRYER: Thank you very much. Please go ahead. You have three
minutes.
MS. BONNESS: I represent the Corkscrew Island Neighborhood Association. It is
a six-square-mile area with a rather rural character and, up until recently, has been considered
rather remote; until now we've got two large developments right on our doorstep. That is
Immokalee Road Rural Village and Brightshore Village.
Our primary concern with Brightshore is the amount of traffic it generates on
Immokalee Road. Our neighborhood is on both sides of Immokalee Road, so all of our local
roads intersect with Immokalee Road.
The intersection at Red Hawk Lane and Immokalee Road should be improved due to
two developments that are both using that as an entrance road. That road is no -- it currently
has two residents that use the road. It's a dirt road. And so improvements at that
intersection should be held by -- the burden should be on those two developing communities
that are putting entrances onto that road, not the county.
And so the fair-share description of what is Brightshore's fair share is -- our
description is different. We say it should not be county expense, and it should be on
Brightshore and Immokalee Road Rural Village. And we believe that there should be a
commitment set forward that there is a need for a study to be done, and the study, design,
construction -- construction of the improvements should be done by a certain deadline. At
this point they're saying if in the future it might be needed, and we say it is warranted.
The other request was, as you mentioned, turn lanes on two of the roads within our
neighborhood. There's a two-mile stretch of Immokalee Road that goes through our
neighborhood. It's 55 miles an hour, two lanes, and there are actually seven intersections
with local roads. According to Brightshore's traffic impact study, the p.m. peak hour
eastbound traffic is currently 500 vehicles per hour. Brightshore is going to add 510 vehicles
to that number. A total of over a thousand.
The level of service on that road fails at 900, so we are very concerned about safety
for our residents trying to access Immokalee Road, and we consider it an operational
improvement rather than otherwise. So that's our request. Also --
COMMISSIONER KLUCIK: Can you help me? What is it that you're actually
asking for?
MS. BONNESS: As we said in the resolution, we're asking for a stronger
commitment from Brightshore as to their commitments at Red Hawk Lane, that there is
improvements warranted there, and that they will commit to their fair share sharing that with
IRRV. And the other request was turn lanes at Friendship Lane and Lilac Lane.
COMMISSIONER KLUCIK: So you said that you wanted to ensure access to
Immokalee Road. That seems to be the other way, though. That would be -- that would be
ensuring you access to get off of Immokalee Road without tying up traffic?
MS. BONNESS: Both directions --
COMMISSIONER KLUCIK: The turn lanes.
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MS. BONNESS: -- turning onto -- as Jean mentioned in her email, turning onto
Immokalee Road and off of Immokalee Road from the seven intersections that access our
neighborhood residences.
COMMISSIONER KLUCIK: I guess I'm just trying to figure out. I guess "turn
lane" seems vague to me. I'm trying to figure out how exactly -- you know, a turn lane seems
to help you get off. It doesn't seem to help you get on.
MS. BONNESS: Correct.
COMMISSIONER KLUCIK: Okay, yeah. That's what it is. You don't want there
to be a lot of congestion there. When someone just wants to turn onto the road, we don't
want to be backing up Immokalee Road.
MS. BONNESS: It's a safety concern.
COMMISSIONER KLUCIK: Yeah, okay.
CHAIRMAN FRYER: Thank you, ma'am.
And I'll ask the court reporter to nod if we're okay going to, like, 12:45.
THE COURT REPORTER: (Nods head.)
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Commissioner.
COMMISSIONER KLUCIK: May I speak?
CHAIRMAN FRYER: Please.
COMMISSIONER KLUCIK: Two minutes ago, may I speak? I forgot to ask your
permission.
CHAIRMAN FRYER: Go right ahead, sir.
COMMISSIONER KLUCIK: I'm sorry.
CHAIRMAN FRYER: Oh, this was --
COMMISSIONER KLUCIK: Retroactive.
CHAIRMAN FRYER: Retroactively, yes, you may.
COMMISSIONER KLUCIK: I apologize.
CHAIRMAN FRYER: You may have spoken.
COMMISSIONER KLUCIK: I apologize.
CHAIRMAN FRYER: Not a problem. Thank you.
MR. YOUNGBLOOD: Our next speaker is going to be Bebe Kanter, followed by
Garrett Beyrent.
CHAIRMAN FRYER: Ms. Kanter, you have three minutes, ma'am.
MS. KANTER: Pardon me?
CHAIRMAN FRYER: You have three minutes.
MS. KANTER: Okay. Could you mention -- could you give me some time as I run
out?
CHAIRMAN FRYER: Sure. Yeah. I'll tell you.
MS. KANTER: Thank you.
CHAIRMAN FRYER: It's 12:06. I'll tell you when it's 12:08.
MS. KANTER: Okay. I'll try to make this really short and not talk too fast.
CHAIRMAN FRYER: All right. The court reporter appreciates that.
MS. KANTER: So my motivation for coming here is that our community is rack
[sic]. We'll all agree that we really have a lot of different factors to take into account for any
development, and I believe that we should, for the time being, maybe six months to a year,
just focus on how we're going to recover from Ian. That's No. 2 [sic].
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So we should just -- and then I also like this idea about nipping it in the bud. So
as -- okay. So as I've -- what I was going to say -- I've kind of changed my speech as I've
listened to what everybody has to say. But I do believe that we should just nip this whole
discussion about the RSLA [sic] in the bud for at least six months, maybe for five years, until
the first project or the first village actually goes through successfully, because I don't think it's
going to make it.
Number 2, as I understand it, all these discussions about traffic are irrelevant; that
really the only argument against these villages would be fiscal neutrality; is that true?
CHAIRMAN FRYER: Well, that's a debatable issue.
MS. KANTER: Okay.
CHAIRMAN FRYER: Certainly fiscal neutrality is one issue, and traffic is another
issue.
MS. KANTER: Well, I agree that it's an issue, but if we have no jurisdiction about
that, then why talk about it? I'm not saying that I don't agree with what you're saying.
CHAIRMAN FRYER: Let me engage with you on that, then.
MS. KANTER: Okay. Is that okay?
CHAIRMAN FRYER: My purpose in bringing it up was to try to inspire evolution
of a new standard that is up to date and takes account in a scientific fashion of things like
vacancy rates.
MS. KANTER: I agree, but that would be in the fiscal -- I mean, that would be in the
fiscal neutrality section, not traffic; is that correct?
CHAIRMAN FRYER: Yeah, that's the one that I brought.
MS. KANTER: I mean, I agree with you that we need a dynamic model, that these
static models are, like, five or 10 years out of date and that -- this is to
Mr. Bosi -- nowadays -- do you know what machine learning and artificial intelligence
means?
CHAIRMAN FRYER: Ma'am, we're here to listen to your statements, not to answer
questions.
MS. KANTER: Okay. So, anyways, I think that the models that the department are
using are just technically obsolete.
So then I also want to take issue with Mr. Yovanovich's contention that these are
established villages. These are far from established villages. Pretty much everybody in the
county -- every special interest group is opposed to these villages, and it seems unlikely to me
that they're going to be approved. That's my opinion. But until one is approved, why
discuss all the others? Because any assumptions we make are going to be irrelevant. So
we're just wasting time.
CHAIRMAN FRYER: You have one minute, ma'am, and I've given you credit for
when you were interrupted.
MS. KANTER: Thank you. So let's halt all discussion of villages for six months
until we've figured out how the county is going to deal with this. And the other thing is is
there is a growing movement to require new construction to put aside 50 percent of land for
affordable housing, not just 10 percent as this one does, and that there's growing clammer for
that.
So I just think that we're talking about things that aren't going to happen, and we really
need to focus on how we're going to deal with the aftereffects of Hurricane Ian.
CHAIRMAN FRYER: Thank you very much.
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Next speaker, please.
MR. YOUNGBLOOD: Our next speaker is Garrett Beyrent, followed by Meredith
Budd, and then we will go online.
CHAIRMAN FRYER: And your last name again, sir?
MR. BEYRENT: For the record -- is that working? For the record --
CHAIRMAN FRYER: Yeah.
MR. BEYRENT: -- Garrett Beyrent. I've been a developer in Collier County for 52
years. I actually came in this building the year it was built. And I've watched all the
developments, because my family and I developed just a little under 5,000 condominium
dwelling units outside the building. The 750 acres that surrounds this actually was purchased
by my father-in-law in 1962. When he found out he was buying property on the wrong side
of town, he put it for sale the following year with great terms. Nobody bought it. So we
developed all this stuff, and all the way out -- Falling Waters, three different projects out
there.
And long and short is, I've been watching Mike Bosi put this plan together for years.
When I say "watching," I'm sitting next to him watching him put it -- this is the perfect plan.
You can't do better than this plan.
The only problem in the plan was the golf carts, and that I learned the hard way. I
developed roads that were -- I kept the ownership of Palm Drive, Glades Boulevard. Those
were all held by us. Dumbest thing I ever did, really. The bottom line was, the only person
that almost died on that road was me. I got, actually, hit. A guy that was nodding out on
heroin on the wrong side of the road hit me head on, and as I jumped out of the cart,
okay -- my leg was still in the cart.
The cart was designed to carry eight people. It was just me chatting in the middle of
the road. I was on the right side of the road; he was on the wrong side of the road. He was
one of my own employees who was on drugs, doing tile work.
So I can tell you something. The whole issue relative to bicycles and golf carts and
roadways, it has to be reconfigured by Mike Bosi. I blame it on Mike. He's done a great
job. And you should just okay this. And whatever you need to do, changing golf cart and
bicycle issues, that's a safety issue. You should just put it somewhere in the plan whenever it
comes up, when this place actually starts building, and that may never happen because of the
hurricane.
So that's all I have to say. Oh, go ahead. Thank you very much.
CHAIRMAN FRYER: Thank you. Thank you, sir.
Next speaker, please.
MR. YOUNGBLOOD: Our next speaker is Meredith Budd, and then we will go
online to Shanta Ramlakhan.
CHAIRMAN FRYER: Ms. Budd, you're representing an organization. You can
have more time, a little bit.
MS. BUDD: Thank you so much. I appreciate that. Good afternoon, Meredith
Budd, on behalf of the Florida Wildlife Federation.
I've been in communication with the applicant over the last year or so regarding this
project, and the fact that the applicant has invited the Florida Wildlife Federation and our
experts to provide insight into the application process, I just want to note that that's very much
appreciated.
As you all probably know, the Florida panther is a wide-ranging species across
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Southwest Florida. They're an endangered species. Our public lands, state, federal lands are
simply just not enough to support a growing panther population. And biologists have long
recognized that large private landowners in this region are very much so critical in protecting
the Florida panther population and expanding the Florida panther population as well as other
native wildlife.
As habitat continues to shrink because of increasing development, more projects, more
roads -- and we know that people continue to come to Southwest Florida. We all live here.
We all know why people continue to come to Southwest Florida, but that means we need to
be smart about how we develop and where we put development and, unfortunately, as more
people come and more development and more roads come, we lose habitat and less chance for
them to find prey, less places for them to den, and loss of habitat will -- contributes to the
biggest problems for the panthers, which is interest-specific aggression and road mortality,
getting hit and killed on our roadways.
Collier County's not immune to this population growth. And of the lands rounding
Immokalee, over 90 percent of them are privately held. That's all within the Rural Lands
Stewardship Area.
So we, the Federation, recognizes the vested rights that these landowners do have for
potential development across the region that's not within the RLSA overlay, but their
underlying rights for development.
And since growth and development will continue to occur, the future of our
charismatic Florida panther really depends on the land-use decisions that we're making here
today.
If we look at Golden Gate Estates predevelopment, it was predominantly wetlands.
In fact, it resembled natural areas that we see delineated in the Rural Lands Stewardship Area.
And it's evident that our federal policies that we have in place, our Clean Water Act, our
Endangered Species Act, they're clearly not really doing everything they're supposed to do.
And we think about the Clean Water Act. We're not supposed to have a net loss of wetlands.
Well, last time I spoke with Mr. Mike Dover, who has been working in this region for
quite some time, I believe he had said that we used to be around 83 percent wet here in the
county. That's certainly not true here today. And that's operating under the Clean Water Act
and the stipulation that we don't have a net loss of wetlands.
I think there's a statistic from NOAA that since 1996 that we had lost over
30,000 acres of wetlands between Lee and Collier County.
Same thing goes for endangered species. We have federal protections. We have the
Endangered Species Act, but there's holes in coverage --
CHAIRMAN FRYER: Slow down just a little bit.
MS. BUDD: So sorry. I go too fast.
There are holes in that coverage, and we see loss of really critical habitat, really
important habitat despite having federal regulations in place. So the county can play a really
important role in their local land-use decisions in order to protect species and to protect,
excuse me, our water resources.
And that's really why RLSA is so critical. This overlay ensures that natural resource
protection and wildlife movement is set aside. Those areas are set aside. The most
environmentally sensitive areas are protected, and the ones that are of lesser environmental
value are the ones that are targeted for development. And that's why the Florida Wildlife
Federation is so supportive of the RLSA program.
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And this is how the program works. We get conservation by approving Stewardship
Receiving Areas. You only really get the Stewardship Sending Areas protected in perpetuity
by approving the Stewardship Receiving Areas. And so while -- if I was queen, I would love
to see the entire eastern part of Collier County protected and no more development, but that is
just not the world that I live in. And the Stewardship Sending Areas that are being utilized
were set aside, and the credits are available to make -- or to exchange for development to
create an SRA, and that is how the RLSA program works. And we are supportive of the
RLSA program and that large landscape connectivity that it provides for both water and
wildlife resources.
CHAIRMAN FRYER: Ms. Budd, you're at five minutes. Please wrap it up.
MR. BURGESS: Yes. With that being said, I do want to mention that in my
conversations with the applicant over the last year or so we have requested several items, and
I want to put them -- make sure you're aware of them and see if the applicant is willing to put
on the record and commit to these things.
One is bear-proof trash cans; those are critical. The other developments in the Rural
Lands Stewardship Area that have been approved have committed to putting in bear-proof
trash cans throughout the commercial and residential areas.
CHAIRMAN FRYER: They've already made that commitment.
MS. BUDD: Awesome. Dark Sky lighting.
CHAIRMAN FRYER: Made that commitment.
MS. BUDD: Perfect. And I apologize, I had a meeting this morning, so I missed the
beginning of the presentation.
CHAIRMAN FRYER: That's all right.
MS. BUDD: And then also there is road mortality along Immokalee Road. Both the
north/south segment before you get to the curve where this village is and then on the east/west
segment once -- right south of the village.
So for the county to understand and consider as road projects move forward and
there's widening projects, to consider implementing a crossing to minimize the amount of
wildlife mortality.
And I did see that staff recommended the Wildlife Management Plan. I request the
opportunity from the applicant to be engaged in that and make sure the Florida Wildlife
Federation can provide expertise where we can. So I appreciate the time.
CHAIRMAN FRYER: Thank you very much.
Next speaker.
COMMISSIONER VERNON: I had a quick question.
CHAIRMAN FRYER: Go ahead, Commissioner.
MS. BUDD: Me?
COMMISSIONER VERNON: Yes. Assuming this project goes forward, assuming
the density, just conceptually, with the park on the outside, that what I would call almost like
a mote, what do you think about that as a concept from a conservationist?
MS. BUDD: So water barriers and water buffers are great. Any sort of buffer that
you can have to try to minimize the amount of wildlife conflict that will be coming into the
community is a benefit. But I will note that bears do swim. They are -- I mean, much more
likely than a panther, a bear will swim. So -- which is why it's so critical where we talk
about those bear-proof trash cans so we don't have an attractant that is really attracting those
bears into the community. While the buffer is great, it will certainly limit some potential
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exposure to conflict, they will -- they will swim through those buffers.
COMMISSIONER VERNON: Thank you.
CHAIRMAN FRYER: Thank you.
Mr. Youngblood.
MR. YOUNGBLOOD: Mr. Chairman, we're going to go online now to two speakers
online. Shanta Ramlakhan will be our first one --
COMMISSIONER KLUCIK: Mr. Chair?
MR. YOUNGBLOOD: -- followed by Matthew Schwartz.
CHAIRMAN FRYER: Okay. Commissioner Klucik.
COMMISSIONER KLUCIK: Yeah. I just want to thank you for coming. And,
I -- you know, I live out in Ave Maria, and, you know, that's been a focus of a lot of the
environmental concerns of the RLSA because, obviously, that's the first project in the RLSA.
And I just admire that you do work together, and I admire our developer's commitment to
making sure that they do work, you know, with the environmental organizations. And it
seems like cooperation helps move the ball forward so that it's more acceptable to everybody,
and I just want to applaud you for doing that.
CHAIRMAN FRYER: Thank you.
Mr. Youngblood, will you announce the first telephonic speaker again.
MR. YOUNGBLOOD: Sure. Shanta Ramlakhan.
MS. RAMLAKHAN: Hello.
MR. YOUNGBLOOD: After that we will have Matthew Schwartz.
Go ahead, speaker. You have five minutes -- or three minutes.
MS. RAMLAKHAN: Thank you. Thank you very much.
My questions are -- and I'm opposed to this project because I came to this county
around 20 years to live in a rural environment, and it looks like you're building the city around
us even though we want a rural space. And what I'm not hearing is the discussion about the
traffic on the road. While these developments are self-contained and are trying to be
self-contained, regardless, those people have to come onto the road and -- onto Immokalee
Road.
Where I live, which is on 40th -- and I'm not represented by any of these associations
because I live on -- off of 40th.
What happens is that section of road is a two-lane highway. And I can personally tell
you that even in the last year, I have nearly been run off the road three times by people trying
to do a high speed pass, and I have personally witnessed two accidents where people
miscalculated that high speed pass and has caused accidents where cars are flipping into trees.
Where do -- if you add an additional 5,000 cars to the road or however many cars,
where are all those cars going to go? And, again, I'm off of 40th, which is a little further up.
But we still have to be able to access Immokalee Road, and this is just adding to that traffic.
And where those additional cars are going to go if they're trying to avoid traffic, they're going
to go down Everglades Boulevard where there's kids waiting to go to school, they're walking
to school, they're biking to school. There's an actual school off of Everglades Boulevard; it's
an elementary school. So you're -- this additional traffic issue puts them at risk.
And I don't hear anything about the access for those residents off of 40th.
Where -- do they get some sort of turn lane? Is that being accommodated in the plan? I'm
not hearing that.
So, also, I'm still not convinced about the environmental conservation part. I think
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with the additional traffic you also still have -- you're forcing those human/wildlife
interactions, and you're going to kill a lot more animals because of that additional traffic.
You're displacing the animals that traverse there, that are living there, and you're destroying
the rural flavor of this area that draws people to live here.
CHAIRMAN FRYER: Okay. Thank you, ma'am, very much. You're at three
minutes now. Thank you.
MS. RAMLAKHAN: Thank you.
CHAIRMAN FRYER: Next speaker.
MR. YOUNGBLOOD: Our final speaker is Matthew Schwartz. Mr. Schwartz,
you're being prompted to unmute your microphone. Sir, can you hear us?
MR. SCHWARTZ: I did so. Can you hear me?
CHAIRMAN FRYER: Yes.
MR. YOUNGBLOOD: Loud and clear, sir. You have three minutes.
MR. SCHWARTZ: Okay, great, thank you, and good afternoon. It's been an
interesting discussion.
The first thing I want to talk about -- and, by the way, I am representing the South
Florida Wildlife Association. I will try to stay within three minutes, but I think I might have
to bleed over a little bit, if that would be okay.
CHAIRMAN FRYER: We'll let you bleed over a little bit.
MR. SCHWARTZ: Okay. I'll try to keep it short.
First thing I want to point out about this issue, in the beginning I heard about maybe
one minute, two minutes at most of discussion about wildlife impacts from the developer. It
was sort of written off as the area's not next to or not in the critical -- an Area of Critical State
Concern. It's all agricultural lands, et cetera. We've heard this kind of thing before.
The area is part of the core habitat of the Florida panther and many, many other
species, as was being analyzed in the Eastern Collier Habitat Conservation Plan. We'll come
back to that.
The property is inside and surrounded by a nexus of public lands. It's a stone's throw
from Audubon's Corkscrew Swamp Sanctuary. The last --
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Just a moment, Mr. Speaker. We have a question from
Commissioner Klucik.
COMMISSIONER KLUCIK: Yeah. I mean, are you not aware that this has been
vetted for the last, like, 15 years, and these are the lands -- no, no, no, no.
MR. SCHWARTZ: Go ahead.
COMMISSIONER KLUCIK: These are the lands that are set aside for this kind of
development, period. Full stop.
All the environmental concerns that you're going to bring up and that anyone ever
brings up have already been factored in at length over the public process.
Now, I'm happy to hear what you have to say, but, you know, you can -- and you can
take the -- you know, take up our time. That's -- you know, we have the public speaking time
so that we can hear what you have to say. But all of this -- these issues, the environmental
issues have been dealt with at length and have had more than a -- you know, a fair hearing,
and it just -- it's frustrating to hear people come and say the same things over and over again
that smear and ignore the good work that's been done. And the developer didn't go at length
about that issue because it's not an issue. It's already been covered, and there's nothing else
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to say about it that's going to impact our decision.
Thank you. Carry on.
CHAIRMAN FRYER: Go ahead, sir. You have an extra minute.
MR. SCHWARTZ: Okay. And thank you very much, because what that allows me
to do is jump over my first four bullet points, and I don't have to reiterate all the threats to
wildlife and the environment from the RLSA in general, which this project is a part to -- part
of.
So I'm going to bring up something that has not been discussed, I think, by this
commission, because it really only came out in August when the Eastern Collier Property
Owners got together, wrote a letter to the Fish and Wildlife Service, and said, hey, you know
what, we're quitting the Habitat Conservation Plan for this project for the RLSA.
Now, the Fish and Wildlife Service spent 10 years reviewing your RLSA. This has
not been discussed on the Commission. What they found was jeopardy for the Florida
panther. They said that based on the cumulative impacts of 45,000 acres of
development -- not the 600 acres of this project, which it's a part of, but the 45,000 acres that
are anticipated, the habitat loss, loss of prey, but especially roadkill, and at least an additional
10 panthers killed on roads per year, this project will cause jeopardy for the Florida panther.
CHAIRMAN FRYER: Mr. Schwartz, Commissioner Schmitt has a question or
comment.
COMMISSIONER SCHMITT: I want him to finish, because I'm going to make a
comment.
CHAIRMAN FRYER: Okay. Sorry, go ahead.
MR. SCHWARTZ: Yeah. I'm going to make sure, by the way, after this -- when I
get back to my laptop, I'll make sure that each of you get a copy of the draft biological
opinion which was never finished because the Eastern Collier Property Owners dropped out.
So you need to be aware that the feds have already reviewed this. The fact that the
Collier Property Owners have quit the project will not lead to a final report. But the research
has been done. It's been written. And you folks who are brushing off the wildlife impacts,
say, well, the fed's going to handle that, they've handled it. They said that you cannot build
this much out there in eastern Collier without leading to the extinction of the Florida panther.
So what I'm asking you to do -- I don't want to go too long on this -- is you really need
to workshop this. You need to workshop this, not with me. I have advanced degrees of
social sciences. I'm not a biologist nor did I work on the biological opinion for this project
that we're reviewing today. Bring in the federal scientists who did the review, let them share
their information for you, let them explain to you carefully why they feel the RLSA will lead
to the jeopardy of our state animal, not that -- jeopardy means the likelihood of extinction.
And I can explain to you -- we could get into the legal aspects of this, why this project and the
entire RLSA cannot go on or not continue as written.
CHAIRMAN FRYER: You have another thirty seconds, sir.
MR. SCHWARTZ: So I'd like to hear what you have to say about that, because that
has not been discussed here.
CHAIRMAN FRYER: Thank you very much.
Any further speakers?
COMMISSIONER SCHMITT: Can I bring up point?
CHAIRMAN FRYER: Yes, of course.
COMMISSIONER SCHMITT: Just for a matter of fact, this RLSA was developed,
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as it was brought out at the beginning of today's session, in the year 2000 after extensive
study, probably two years of review. I was the administrator for community development at
that time. It was under my purview, but folks like Ray and Mike and others and members of
the staff here today all were participants in this analysis.
The RLSA, I think folks fail to understand, it was to consolidate development to avoid
the one unit per five acres that's already authorized out there to develop. It was -- it
was -- this is not an approval of existing zoning. The zoning already exists. This is -- this
was vetted for almost 20 years. And, Mike, what was it, three years ago we had the
five-year, 10-year, and 15-year review? We went through reviews. One was delayed, but
we went through extensive review of the RLSA. And I can go back to the Florida Wildlife
Federation and also Nancy Payton's organization. Yes, same.
Just heavily involved in this. We were directed by the state to develop a plan. And
this -- the plan was put in place to protect sensitive lands. And as was stated, we would love
to put the whole thing into preserve, but we can't. People own this property. They have the
right to develop it, and the RLSA was the solution to try and consolidate into less sensitive
areas development so that more sensitive areas, Habitat Stewardship Areas, Waterway
Stewardship Areas, even considering panther traffic and panther, well, areas. It was all
developed, and that was the RLSA in general.
So I encourage you, if you would like to submit and participate in the next review,
whenever that it going to be -- I'm not sure when it's scheduled, but there will be another
review of the RLSA. And we'll review both the codifying LDC amendments that implement
the RLSA, but I would welcome your participation. If there's things that need to be adjusted
and done to the RLSA program, it would have to be done through the public-hearing process
and the amendment process to the -- both the Growth Management Plan and our Land
Development Code.
CHAIRMAN FRYER: Thank you, sir.
Commissioner Klucik.
COMMISSIONER KLUCIK: Thank you, Mr. Chairman, and thank you,
Commissioner Schmitt, for saying that.
I also would just like to say that in the very beginning of the petitioner's presentation
one of the first things that I asked -- inquired about was the map -- and if you could put that
map back up. I was extremely specific in asking about the sensitivity of the land and, in fact,
the land that this project is going to be on is the least sensitive area in the RLSA, which is
exactly the goal. This is the perfect project regarding the environment. It couldn't be more
perfect.
And so it's just frustrating to hear people come and to actually state that it was given
short shrift. It was not given short shrift. As a matter of fact, it was the very first thing that
I, you know, asked about, and the very first thing that the petitioner -- one of the first things
that the petitioner told us about, because we all are very concerned about the environment.
And that's kind of why I decided to jump in as soon as the petitioner and our panel was
impugned by -- at least my impression was that he had impugned this process as not being
concerned about the environment, and I think the record needs to reflect that that's absolutely
not the case.
CHAIRMAN FRYER: Thank you, sir.
Mr. Youngblood, any further speakers?
MR. YOUNGBLOOD: I don't have any other speakers for this item, sir.
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CHAIRMAN FRYER: All right. Anybody in the room who has not registered but
yet would like to be heard in this matter, please raise your hand.
(No response.)
CHAIRMAN FRYER: Seeing none, with that, we will close the public comment
portion of this hearing and ask Mr. Yovanovich if he has rebuttal.
MR. YOVANOVICH: Other than I think I owe Mr. Vernon a response on whether
we'll agree to change -- I think my phraseology was "to the extent permitted by law" to "to the
extent prohibited by law." I spoke to my client. They're not comfortable -- they would like
to be able to rely on their attorney's advice as to whether or not there's a good-faith basis to
bring forward fining people. So we would prefer to stick with the phraseology "to the extent
permitted by law."
And then other than -- other than, you know, Mr. Klucik summarized, you know, the
project properly, this is exactly where designation of SRAs is supposed to occur. The
testimony from your staff, the testimony from our experts, the documentation we've provided
in support of the petition addressed every one of the concerns that people brought up
regarding traffic. We did the traffic analysis. We've done the proper environmental analysis
on that property -- on this property.
And all of the recommendations from the experts and their particular fields is
recommendation of approval of this project. And we're requesting that the Planning
Commission recommend to the Board of County Commissioners that the Brightshore Village
SRA be designated on this roughly 681 acres. And we're available to answer any questions
that you may have regarding our -- further questions you may have regarding our project.
CHAIRMAN FRYER: Thank you.
Commissioner Shea.
COMMISSIONER SHEA: I don't have a question for Rich.
I just want to pile on with Commissioner Klucik. I get a lot of comments about how
we shouldn't be developing in these pink areas. That's not the role of this commission.
That's the Growth Management Plan and the RLSA. Our role is to ensure compliance.
If there's a problem with what the pink areas are, that's -- that has to be addressed
separately with the Commissioners in terms of changing the plan.
So we can't change the plan. And to us, according to the plan, this looks very ideal,
one of the best projects that we've seen. But sometimes we get a -- our role is to ensure that
plan is followed, not to change it. So I just wanted to say that more for the public who think
that we have the right to override it and say, now all of a sudden that's an environmentally
sensitive area. It's already been decided that it's not, and it's been decided by powers beyond
us.
CHAIRMAN FRYER: Thank you.
Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah, did we close the public hearing? Because I'm
ready to make a nomination.
MR. YOVANOVICH: Nomination?
COMMISSIONER SCHMITT: Okay. Based on the criteria established
under -- where the County Attorney stipulated the criteria for creation of the SRA, there are
14 points, I've considered all 14 points as proposed. I believe it's consistent with the plan. I
would recommend approval based on the stipulations as imposed by staff. There were two
stipulations.
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I would also request it be added to the stipulation the enforcement of the golf course
[sic] rules. Based on that, that the developer develop a plan. They stipulated or they stated
on the record that the developer would provide an information sheet to the homeowners,
which seems to be appropriate, because -- and to develop some sort of program where the
HOA would have to enforce the rules and regulations of the HOA. So I want to put the
burden on the community. It should not be on the county sheriff, and it should not be on the
county. It belongs in the community.
I want to agree -- I propose that we agree with the stipulation that the linear park be
completed by the 750th CO, certificate of occupancy, and that the minimum of 20 parking
spaces per public trailhead parking area -- and there are two -- that the minimum of 20
parking spaces for each. So I would make that as a recommendation of approval of this
SRA.
CHAIRMAN FRYER: Thank you.
And Commissioner Vernon's going to want to speak on it, but let's see if we can get a
second to that first.
COMMISSIONER VERNON: That was -- that's part of what I'll do, if -- yeah.
CHAIRMAN FRYER: Is that a second?
COMMISSIONER VERNON: That's a second.
CHAIRMAN FRYER: All right. Do you want to be heard on it?
COMMISSIONER VERNON: I was just going to give some general comments. If
you want to wait, that's fine.
CHAIRMAN FRYER: No, now's the time. It's been moved and seconded.
COMMISSIONER VERNON: Yeah. No, I think it's a good project, you know, and
I think they've made the changes that we want to make. I do want to say, Mike, your
technical analysis and your 10,000-foot view of the big picture of this is extremely valuable to
me and, I suspect, all of us, so I really appreciate your great work. That's it. Joe covered
everything I was going to --
COMMISSIONER SCHMITT: And I just want to follow up what Paul said. I think
the public needs to understand this is a Rural Lands Stewardship program. It's already zoned.
The pink areas are the areas that are identified for development. We cannot change that.
That is a review process under the Growth Management Plan and the SRA approval process.
Typically, it was every five years, and whatever it's going to be, I don't know. But those
were identified as Sending Lands and Receiving Lands. We don't have the authority to say,
well, these are environmentally sensitive lands, and we don't agree with what was in the SRA.
We don't have that purview. So I stand again with my recommendation for approval.
CHAIRMAN FRYER: Okay. There's one -- you caught all the conditions.
COMMISSIONER SCHMITT: Did I miss one?
CHAIRMAN FRYER: I think so, and that's just that the peak p.m. trips will be
changed from 1,764 to 1,761.
COMMISSIONER SCHMITT: Thank you. That was on the record, yes, thank you.
CHAIRMAN FRYER: Does the seconder accept that?
COMMISSIONER VERNON: Oh, yes.
CHAIRMAN FRYER: Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor of the --
COMMISSIONER KLUCIK: Mr. Chairman?
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CHAIRMAN FRYER: Yes, I'm sorry.
COMMISSIONER KLUCIK: I wanted to make sure with our counsel, did you
receive my Form F8 or B8 -- 8B -- 8B?
MS. ASHTON: Yes, I did, and the clerk has it. I've given it to Terri, for the record.
COMMISSIONER KLUCIK: And I won't be voting.
CHAIRMAN FRYER: Thank you. Okay. Understood.
Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, it's been moved and seconded with the conditions that
have been announced. All those in favor, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: (Abstains.)
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you, applicant and team. Thank you, members of the public. Thank you,
staff.
Now, it's 12:39. We obviously have some people who are interested in the
subsequent matters; they've arrived. But we haven't had lunch yet, so I'm going to propose
that we take a shorter lunch break, if possible, and try to reconvene as soon as we can. It's
going to be a little later than 1:00 p.m. And so I want to find out from the Planning
Commission how much time they believe they need for lunch.
COMMISSIONER KLUCIK: Doesn't matter to me.
COMMISSIONER SHEA: How fast can they make sandwiches?
COMMISSIONER SCHMITT: 1:05 is fine; 1:10 is fine.
CHAIRMAN FRYER: Okay. Well, let's say -- is 1:10 -- anybody object to that?
(No response.)
CHAIRMAN FRYER: All right. We'll stand in recess for lunch until 12 -- excuse
me -- until 1310, 1:10.
(A luncheon recess was had from 12:40 p.m. to 1:10 p.m.)
MR. BOSI: Chair, you have a live mic.
CHAIRMAN FRYER: Thank you, sir.
All right. With respect to our agenda, I have been informed that there may be a
motion from the Planning Commission, an alteration to it. I'd entertain such a motion at this
time.
COMMISSIONER SCHMITT: ***Mr. Chairman, we have had a petitioner sitting
here all morning, and this is a very easy petition. I think we can move it in a matter of about
a minute and a half. This is the commercial excavation permit for San Marino. It has to
come to us sitting as the EAC to approve.
It's simply just 10 acres of excavation. It's in two areas that we've already approved
as part of PUDs recently both at San Marino, and the other PUD there is Willow Run. Thank
you. It was Willow Run.
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But sitting as EAC, I would recommend approval of this petition subject to -- clearly,
they're subject to any of the requirements of the LDC. Specifically, if they're going to use
blasting, they have to comply with all the requirements as defined in the LDC for notifying
nearby residents and for the monitoring of the county. So I'd recommend approval of this
petition -- of this petition of the excavation permit.
CHAIRMAN FRYER: Okay. So -- but your motion is to readjust the order and take
it right now?
COMMISSIONER SCHMITT: Yes.
COMMISSIONER VERNON: I'll second the motion to reorder.
CHAIRMAN FRYER: Further discussion on that?
(No response.)
CHAIRMAN FRYER: And I'm trusting that that's going to be okay with the other
applicants, because I really do believe this is going to go very, very quickly, and it seems to
be the fair thing to do. Thank you.
So without objection, we're going to adjust the agenda so as to hear the San Marino
matter right now. And so, therefore, I will call it. It is PL20210003121, the SD San Marino,
LLC, excavation permit. This requires our action as -- in our capacity as the EAC only.
All those wishing to testify in this matter, please rise to be sworn in by the court
reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Ex parte disclosures starting -- ma'am?
COMMISSIONER VERNON: Amy.
MS. LOCKHART: Just staff materials only.
CHAIRMAN FRYER: Thank you.
COMMISSIONER SHEA: Staff materials only.
COMMISSIONER VERNON: No disclosures.
CHAIRMAN FRYER: Thank you.
Public materials and meetings with staff in my case.
COMMISSIONER SPARRAZZA: Staff meeting.
COMMISSIONER SCHMITT: No disclosures other than previously discussed and
to move this forward in the agenda.
COMMISSIONER KLUCIK: Staff meeting.
CHAIRMAN FRYER: Thank you very much.
Ma'am, you may proceed.
MS. LAROCQUE: Thank you very much, Commissioners. For the record,
Jacqueline Larocque, professional engineer with the Atwells Group.
This is the portion of Willow Run. The original excavation permit allowed for 8.9
million cubic yards of material. To date, they've excavated about 4.8 million. We're not
asking for an increase in additional material. We're just asking for these 10 acres to be
brought in. No additional truck trips; no additional anything. We're still operating under the
same requirements from the same -- the original excavation permit.
CHAIRMAN FRYER: Thank you. Let's see if -- well, you can also come back if
you have questions.
Staff, what's your report on this?
MS. COOK: Good afternoon.
CHAIRMAN FRYER: Ms. Cook.
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MS. COOK: Good afternoon, Commissioners. Jaime Cook, your director of
Development Review.
As Commissioner Schmitt and Commissioner Fryer both stated earlier, the Code of
Laws requires you, sitting as the Environmental Advisory Council, to review commercial
excavation permits and provide a recommendation to the Board of County Commissioners.
Staff has reviewed this application pursuant to our Growth Management Plan, our
Code of Laws, and the LDC, and we recommend that you, acting as the EAC, forward this
application to the Board with a recommendation of approval. If you have any questions, I'm
happy to answer them.
CHAIRMAN FRYER: Thank you, Ms. Cook. Any questions?
(No response.)
CHAIRMAN FRYER: Apparently not.
Commissioner Schmitt, did you want to state your --
COMMISSIONER SCHMITT: I would just -- as stated, I would recommend
approval as proposed in the submittal, PL2021003121, and this is a -- as stated, we're
approving it sitting as the EAC. But I don't know if we have any public speakers on it.
CHAIRMAN FRYER: Thank you. I was just reminded of that. Are there any
public speakers, Mr. Youngblood?
MR. YOUNGBLOOD: Give me just one second, Commissioner.
CHAIRMAN FRYER: Okay.
MR. YOUNGBLOOD: I seem to be having some technical difficulties here. Just
another moment, please.
CHAIRMAN FRYER: All right. Commissioner Schmitt, if there are public
speakers, I'll just ask you to make that motion for continuance again, if you don't mind, sir.
MR. YOUNGBLOOD: I don't have any registered public speakers for this item.
CHAIRMAN FRYER: Okay. Thank you. Anyone in the room wish to be heard on
this who has not registered?
(No response.)
CHAIRMAN FRYER: If not, thank you. The public portion of this hearing is
closed. It's now time for Planning Commission discussion, if any, or the motion.
COMMISSIONER VERNON: I'll second the motion.
CHAIRMAN FRYER: Motion has been made and seconded to approve the
excavation permit.
Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you, applicant. Thank you, staff. Thank you, Planning Commission.
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COMMISSIONER SCHMITT: And those here for the other petition, thank you for
the indulgence because this one was quick. We had that petitioner sitting here all morning.
Thank you.
CHAIRMAN FRYER: Yeah. And thank you, Commissioner Schmitt, for bringing
that to our attention. All right.
***So the next one in order would be the proposed County Behavioral Health Center
Small-Scale Amendment. We had not earlier than 1:00 p.m. on that, and that is
PL20220002807, the proposed Collier County Behavioral Health Center Small-Scale
Amendment to the urban Golden Gate Estates Sub-Element of the Golden Gate Area Master
Plan Element of the Growth Management Plan and its companion, PL20220002221, the
Collier County Behavioral Health CPUDZ.
All persons wishing to testify in this matter, please rise to be sworn in by the court
reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Thank you.
Disclosures, please, from the Planning Commission, starting with Ms. Lockhart.
MS. LOCKHART: None.
CHAIRMAN FRYER: Thank you.
COMMISSIONER SHEA: Staff materials only.
COMMISSIONER VERNON: No disclosures, but I'd like to -- once we go through
it, I'd like to speak before we start.
CHAIRMAN FRYER: Very good. In my case, it's public materials, a meeting with
staff, a site visit, and conversation with applicant's agent.
COMMISSIONER SPARRAZZA: Brief meeting with staff.
COMMISSIONER SCHMITT: No disclosures other than the staff material presented
in the report.
CHAIRMAN FRYER: Thank you.
COMMISSIONER KLUCIK: I spoke with staff, and I also spoke with
Commissioner McDaniel.
CHAIRMAN FRYER: Thank you.
Commissioner Vernon.
COMMISSIONER VERNON: Thank you, Mr. Chairman.
I'm going to recuse myself. I am a member of the board of directors of the DLC. I'm
also chairman of the Nominating and Governance Committee for the DLC, been on the board
for a few years. I would very much like to not recuse myself, but I discussed it with counsel,
County Attorney Jeff Klatzkow, and he recommended, and I tend to follow his
recommendations, that I recuse myself from the vote. And then I asked him about the
discussion part. He recommended that I recuse myself from the discussion part, so I'm going
to recuse myself from discussing it and sit here silently, and please don't read anything into
that one way or the other.
CHAIRMAN FRYER: Thank you, Commissioner Vernon. And you've been given
the paperwork.
COMMISSIONER VERNON: I have not signed the paperwork. I was not aware of
it till today, but it's been emailed to me, and I will get it done. I think I have 15 days to do it.
CHAIRMAN FRYER: All right, perfect. Very good. All right. Mr. Yovanovich,
you may proceed, sir.
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MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf
of the -- is this on? -- on behalf of the applicant and also -- which is the county, and David
Lawrence Center.
There's a large team of people here to speak about the proposed Collier County
Behavioral Health Center. You have -- and I'm going to butcher some names, and I
apologize. Claudia Roncoroni, who is with the county, and she's the project manager for this
project. Scott Burgess from the David Lawrence Center will be speaking.
And just to -- by way of introduction, this -- Collier County Behavioral Center
has -- is a product of a surtax related to Collier County taxes and is to be -- specifically to
fund this type of facility. The location of the facility, as you'll hear, has been determined to
be within a subdistrict that was specifically established for these types of facilities, and we'll
get into that a little earlier [sic]. But just to let you know how we got here, this is a Collier
County surtax for this specific facility. Collier County facilities will manage the building.
It's on -- it will be property conveyed to the county from the David Lawrence Center.
David Lawrence Center, as you are all aware, has been serving the mental health
needs of residents of Collier County for over 50 years and has been at this location since
1975. So 47 years they've been providing these types of services on this -- an adjacent piece
of property.
And the consultant who's been hired by the county is experienced in healthcare
projects, including these types of facilities, and has designed over 25 million square feet of
these types of facilities.
So you have in front of you a team of people who have been doing this for a long time
and have been doing this successfully and have spent a lot of time and care in coming forward
with the proposed Growth Management Plan amendment as well as the PUD, which got me
out of -- which got me out of my order of what I was going to say.
But the prime consultant is Ryan Richards, who I've worked with on multiple projects;
the healthcare consultant is -- I hope I say this right -- Mauritzio Masso (phonetic); the civil
engineer and planning firm is Peninsula Engineering, both Jessica Harrelson and Josh Fruth;
and Norm Trebilcock is our traffic consultant.
What you have before you today are two petitions. One is a Small-Scale Growth
Management Plan amendment to make some very minor tweaks to what already exists in this
subdistrict, and also a PUD to implement the proposed project, which will be 102 patient beds
and 64,000 square -- I'm sorry -- and 64,000 square feet.
There already is established the Golden Gate Parkway Institutional Subdistrict, and I
had the pleasure of doing that petition in 2007 on behalf of the David Lawrence Center. And
it's important to know that this particular subdistrict and these actual acres was specifically
approved for the uses that are before you today, specifically group care facilities, churches,
nursing homes, essential services. All of these uses were contemplated to be on this property
since 2007.
In 2007, this was a large-scale amendment, so it went through four public hearings:
The transmittal hearing in front of the Planning Commission, the transmittal hearing in front
of the Board of County Commissioners, the adoption hearing in front of the Planning
Commission, and the adoption hearing in front of the Board of County Commissioners.
So since 2007, this piece of property has been identified as an expansion of the David
Lawrence Center services, and that's exactly what's happening. The only difference is you
now have a county surtax that's going to construct the building. The building will be owned
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by the county. The land will be owned by the county. But what was contemplated to
happen on this property is exactly what was contemplated to happen since 2007.
We have a very detailed presentation to go over, the strategic plan to address mental
health issues, the relationship between the county and this particular project, how this facility
will operate.
We will show you both that this is the right location for these services and that this is
very much needed and will be done in a very safe and respectful manner not only to the
people who will receive the services from the David Lawrence Center but for the residents
around this specific piece of property as was always contemplated through this process.
So I'm going to turn it over to Scott. He's going to come up and talk about, you
know, the strategic plan. And then he'll turn it over to the county and so on and so on. If
you'll bear with us, allow us to do our entire presentation, hopefully we'll address most if not
all of your questions. Of course, you have the ability to interrupt us at any time. But if
you'll allow us to do our presentation, we would appreciate it.
And with that, I'm going to turn it over to Scott.
CHAIRMAN FRYER: Before you go, Mr. Yovanovich, I just want to set the table
procedurally for us because I didn't earlier. In addition to the GMP and PUD votes, we also
have to vote on it EAC. Thank you.
MR. YOVANOVICH: All right. I'll turn it over to Scott.
MR. BURGESS: Thank you, Commissioners. It's a pleasure to be before you. And
before I get started, I just want to say thank you for your public service. It's an important job
that you do, and I thank you for it as a resident of Collier County.
CHAIRMAN FRYER: Thank you, sir. If you wouldn't mind stating your full name
so that we can fully appreciate the compliment you've given us.
MR. BURGESS: I'm Scott Burgess. I'm the CEO of the David Lawrence Center for
behavioral health.
CHAIRMAN FRYER: Thank you very much.
MR. BURGESS: Absolutely, thank you.
As Rich mentioned, since 2007, DLC and the county have identified this specific site
for enhanced behavioral healthcare and services to meet the growing needs of the Collier
community. There's been an extensive process --
CHAIRMAN FRYER: Okay. I'm going to ask the folks in the room to please mute
your phones and other electronic devices. Thank you.
MR. BURGESS: Sure. There's been an extensive process across many years
bringing key stakeholders and subject-matter experts together culminating in the first Board
of County Commissioners strategic plan to effectively address these vitally needed services.
Some of the dates associated with this timeline subsequent to the 2007 that we've mentioned
that was significant in the county, there's been a number of different activities that have been
part of this process. We just listed a few of them that we thought were very noteworthy for
you to be aware of.
The first is in 2010, the Criminal Justice Mental Health and Substance Abuse Planning
Council was established which was required by a grant that we received from the Florida
Department of Children and Family Services, and that was to bring together Collier
stakeholders to develop coordinated mental health and substance use services across entities
in our county.
In 2016, Commissioner Solis began hosting regular informal behavioral health work
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group meetings to discuss the current status of behavioral health services in our community.
The successes that we were experiencing, the challenges that we were experiencing, where
were the gaps, and where are the opportunities for us to further enhance our local system of
care for adults.
In June of 2017, the first community workshop was held and hosted by the Board of
County Commissioners. The purpose of that work group, which had a broad community
attendance, was to elicit community-wide input regarding the urgent and growing needs for
expanded behavioral health services in our community.
In November of 2017, we had the first facilitated strategic planning session that was
facilitated by Mark Engelhardt, who's the director of the CM -- CJMHSA Technical
Assistance Center at the University of South Florida at the Florida's Mental Health Institute.
Subsequent to that, in May of 2018, Mark Engelhardt facilitated a second strategic
planning work group which had over 40 stakeholders and professionals that were involved in
the formulation of an initial planning material for that strategic plan development.
In June of 2018, the Commissioners hosted the second community input workshop,
and that was to review the outcomes of the strategic planning process and to establish the
priorities for a draft of the strategic plan for our community.
In December of 2018, the Board of County Commissioners adopted Resolution
2018-232 which established the Collier County Mental Health and Addiction Advisory
Committee. Across calendar year 2019, this 19-person committee, all of whom were selected
by the Board of County Commissioners, met a total of 18 times, conducted three half-day
workshops, and this culminated in the mental health and addiction strategic plan that was then
formally recommended to the Board of County Commissioners.
The five-year strategic plan was presented in detail to the Board of County
Commissioners on December 10th of 2019 and was unanimously approved.
As I mentioned, across this process, this very lengthy process across many, many
years, there was a lot of input from the community, and there was a lot of input from key
stakeholders and subject-matter experts. This slide depicts some of those individuals that
were members of the advisory committee as well as organizations that were actively involved
in the development of the strategic plan and are also involved in the mobilization of that
strategic plan. And I think you will recognize many of those logos, including NCH, Lee
Health, Wounded Warriors, Collier County Sheriff's Office, and many, many others.
CHAIRMAN FRYER: Excuse me, Mr. Burgess, but Commissioner Klucik has a
question or comment.
COMMISSIONER KLUCIK: Sir, were there any -- among the groups that were
involved, you said stakeholders. Were any of them neighboring, you know, homeowners and
community members?
MR. BURGESS: We did -- to be honest, I'm not 100 percent sure whether there were
neighbors that were involved in the committee or involved in the meetings that we held or
not. It was open to the public, and it was, as I mentioned in all of these different bullet
points, we were talking about this commission. We were having workshops.
(Simultaneous crosstalk.)
MR. BURGESS: Yeah, I don't know. We'd have to look at the membership of those
who signed in when they came to those meetings. We held them publicly at the county
museum. So it was --
COMMISSIONER KLUCIK: None of the people in the picture are on the -- all of
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the logos, none of those are homeowner groups?
MR. BURGESS: They are not homeowner groups, no. But amongst the key
stakeholders are individuals and organizations that represent consumers or those that would
be utilizing the facility.
COMMISSIONER KLUCIK: Sure. Thank you.
MR. BURGESS: Sure.
In relationship to the strategic plan that was unanimously adopted, we took very
seriously the importance of ensuring that whatever we did in this process and every
recommendation that we made was evidence-based informed. So the best place to go to for
that information is the National Substance Abuse and Mental Health Services Administration.
That has evidence-based toolkits for services. And that was -- that has a lot of driving force
behind what we recommend and what we recommended.
So some frameworks associated with that are four dimensions of support in recovery
that include health, home, purpose, and community, and the 10 guiding principles of recovery.
Those guiding principles are listed here and have driven not only the strategic plan but the
mobilization of the strategic plan, and they include emerging from hope; is person-driven and,
again, reinforcing what I mentioned about how we've actively engaged the consumer or client
community related to their preference in what we do and how we do it; occurs via many
pathways; is holistic, which you'll hear us describe a little bit more about integration of care,
coordination of care, continuity of care, and we'll describe some of that a little bit later; is
supported by peers and families. Again, that input from the end-user, if you will; is
supported through relationships and social networks; is culturally based and influenced; is
supported by addressing trauma; involves individual and families. Again, the folks that are
going to be utilizing the service; and community strengths and responsibility. And related to
community strengths, as I mentioned before, I've had many stakeholders involved in this
process, the clients, the family, the active participants that will be utilizing the services and
support, and the subject-matter experts.
And then this last bullet point is based on respect. The dignity of those who are going
to receive this care. That's critically important to this process. Not to be further stigmatized
by the process, but to have dignity and respect that they deserve, like everyone that has any
type of healthcare concern.
The strategic plan that was unanimously adopted by the Commission identified key
community priorities. They were rank ordered. The number one priority in the strategic
plan is what we're here to discuss today, which is to build and operate a central receiving
facility system to serve persons experiencing an acute mental health or substance-use crisis.
You also have additional bullet points related to the other priorities. I won't go into
those in depth, but you have those there for reference because we're here really to talk about
that first one.
COMMISSIONER KLUCIK: Mr. Chairman.
CHAIRMAN FRYER: Commissioner -- yes, Commissioner Klucik.
COMMISSIONER KLUCIK: Yes. Okay. So that first item, you mentioned the
plan, and -- you know, and this comprehensive process that the county was involved with and
the idea of the central receiving facility or system. Is that -- was a location part of all of that,
you know, discussion? Like, at that point -- at what point was location talked, or was it not
location specific and it was more generic, the need for a facility generally rather than a
specific location?
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MR. BURGESS: There was not a -- I wouldn't say a specific location necessarily
discussed other than those principles and wanting it to be community based.
COMMISSIONER KLUCIK: Right.
MR. BURGESS: Wanting it to be convenient for --
COMMISSIONER KLUCIK: No, because initially I was thinking that this idea of
where it was going to be and basically what it was going to be was already preapproved, and
this was just the formal, you know, application, and it sounds like what you're going to do is,
but where it was was never settled on. And I just -- that's why I want to know. Like, was
it --
MR. BURGESS: Well, I don't want to -- I don't want to misinterpret your question.
COMMISSIONER KLUCIK: Yeah.
MR. BURGESS: At this point when the strategic plan was being built and we
identified that we -- that that number one priority was the number one priority, that -- the site
was not selected at that point. But after that point there's been a series of other public
hearings that have gone on. And you'll hear more about that process related to the specific
site selection that was unanimously supported by the Board of County Commissioners as
well. That went through a whole separate process just specifically on site.
COMMISSIONER KLUCIK: Can you just give me a rough idea, like, what year that
was or what month?
MR. BURGESS: It's in our slide show.
COMMISSIONER KLUCIK: You're getting to it?
MR. BURGESS: We're getting to it.
COMMISSIONER KLUCIK: I always anticipate. I'm sorry.
MR. BURGESS: Yes, yes, you are one step ahead of us.
We've got, I believe, maybe one additional slide, and then we're going to get right to
that.
And with that, I'm actually going to hand it over to Leslie with the Collier County
Sheriff's Office.
LIEUTENANT WEIDENHAMMER: Good afternoon, Commissioners. My name
is Leslie Weidenhammer. I'm the lieutenant with the Collier County Sheriff's Office
Behavioral Health Bureau.
What I have up here for you to see has been presented before, was part of the decision
by the Commissioners to have a strategic plan for the county for mental health and addiction
that resulted in the priorities which Scott has already presented. And with this you can see
that there's been an increase over the years just from the Collier County Sheriff's Office of
Baker Acts coming to the facility which helped inform and recognize the need to expand and
grow.
With that, too, making sure everybody realized with Baker Acts -- and, again, these
are just the Sheriff's Office numbers. They are not coming from Marco Island. They're not
coming from Naples Police and the transfers that may be coming to them from other areas
such as the hospital. But realize that this is a civil commitment, not a criminal commitment
for folks. They're taken into protective custody for care.
And Collier County recognized a need for expansion and growth and anticipated this
many, many years ago. As you can see, it's been since 2008. We've seen it go up almost
300 percent in that and being aware of increasing that capacity.
We also know, and you will be informed on some of the safety measures and other
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items that are going to go on with a new facility that's being built.
But, again, expanding, improving those current operations, we have known for many
years that that was something that was going to have to be done soon for the care and
treatment of our loved ones and folks that we know in our community.
CHAIRMAN FRYER: Lieutenant Weidenhammer, it may well be that everyone
knows what the Baker Act is and how it works, but would you say a word or two just in case
not.
LIEUTENANT WEIDENHAMMER: Yes, I will.
CHAIRMAN FRYER: Thank you.
LIEUTENANT WEIDENHAMMER: Thank you for that.
A Baker Act is a state statute that law enforcement, doctors, some nurses, mental
health professionals are able to determine that an individual needs some care and is in crisis,
and we can take them into protective custody, which is a civil action, not a criminal action, in
order to have that assessment/evaluation done at a facility by mental health professionals.
CHAIRMAN FRYER: Thank you.
LIEUTENANT WEIDENHAMMER: Thank you.
MS. RONCORONI: Good afternoon, Commissioners. My name is Claudia
Roncoroni, for the record. I am with Collier County Facilities Management
Department -- Division.
Following up on our presentation, Priority No. 1, as determined in the five-year
strategic plan, is to build and operate a central receiving facility system to serve persons
experiencing an acute mental health and/or substance-use crisis.
The timeline for this Priority No. 1 started on December 10, 2019. The top priority of
the unanimously adopted strategic plan was to build and operate a central receiving -- thank
you -- a central receiving system to serve persons experiencing an acute mental health or
substance-use crisis.
On February 23rd of 2021, the Board of County Commissioners unanimously selected
for the project location a site near the David Lawrence Center on Golden Gate Parkway. The
selected location was one of five proposed sites. These were analyzed by Jacobs Engineering
Group in their feasibility study produced to specifically evaluate pros and cons of each
proposed location.
On May 25, 2022, the Board of County Commissioners unanimously approved an
agreement to operate and lease the Collier County Mental Health Facility with the David
Lawrence Mental Health Center, Inc., approve the purchase and sale agreement for the land
the facility will be located on, and authorize staff to move forward with the request for
proposal to design the facility.
CHAIRMAN FRYER: Commissioner Schmitt, did you wish to be heard at this time?
COMMISSIONER SCHMITT: Yes. Can you go back a slide. At the February 23
meeting, that was a Board of County Commissioners meeting, publicly advertised --
MS. RONCORONI: Yes.
COMMISSIONER SCHMITT: -- as far as the agenda item --
MS. RONCORONI: Yes, sir.
COMMISSIONER SCHMITT: -- and the discussion that took place in regards to the
location?
MS. RONCORONI: Yes, not --
(Simultaneous crosstalk.)
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COMMISSIONER SCHMITT: Was there any opposition -- was there any opposition
at that meeting?
MS. RONCORONI: The record shows that it was unanimously approved.
COMMISSIONER SCHMITT: Unanimously approved by the Board?
MS. RONCORONI: Correct.
COMMISSIONER SCHMITT: But were there any public speakers in opposition to
the location?
MS. RONCORONI: We would have to go back to the record. I personally do not
recall it, but we would have to go to the minutes and verify the specific information.
COMMISSIONER SCHMITT: Okay. Rich?
MR. YOVANOVICH: I was there.
COMMISSIONER SCHMITT: Okay.
MR. YOVANOVICH: There was no opposition.
COMMISSIONER SCHMITT: No opposition. It was presented. It was clearly
identified as the location as being presented today that this would be the future location of this
facility?
MR. YOVANOVICH: All five option were --
COMMISSIONER SCHMITT: All five options.
MR. YOVANOVICH: -- were within the executive summary.
COMMISSIONER SCHMITT: And then the Board selected the one?
MR. YOVANOVICH: Correct.
COMMISSIONER SCHMITT: Okay. Thank you.
MS. RONCORONI: So in going back to --
COMMISSIONER KLUCIK: Can I ask a related question?
CHAIRMAN FRYER: Go ahead, Commissioner Klucik.
COMMISSIONER KLUCIK: Just -- and maybe, Rich, you would know the answer
to this. Was -- would the residents have been -- you know, who would have been affected
by -- or would be, you know, near by, were they all notified that that was on the agenda, or is
that just, you know --
MR. YOVANOVICH: I don't know --
COMMISSIONER KLUCIK: Unlike -- you know, unlike this petition which I think
people would be notified, at that stage did the neighbors have reason to know that this was
going to be on the schedule?
MR. YOVANOVICH: I don't know what outreach Collier County did other than
putting it on a regular agenda item to discuss this process. But again --
COMMISSIONER KLUCIK: Yeah. Staff can let us know if there was any other
outreach to the --
MR. YOVANOVICH: Right. But, again, this has been a long public-participation
process.
COMMISSIONER KLUCIK: I just know, like, unless I knew it was going to be near
me, I probably wouldn't pay much attention to it other than, like, oh, they're going to build a
center that we need somewhere. You know what I'm saying?
MR. YOVANOVICH: I understand. I understand.
COMMISSIONER KLUCIK: That's my point. My point is, I'm just trying to figure
out if we're going to be concerned about whether people were there, a lot of -- you don't go
unless you understand that you're impacted by it directly.
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MR. YOVANOVICH: I understand, yes.
COMMISSIONER KLUCIK: Okay.
MS. RONCORONI: Going back to the timeline of Priority No. 1, on June 23rd,
2021, the Surtax Committee unanimously validated the proposed expenditure of 25 million
for the design and construction of the Collier County Mental Health Facility.
On August 12th, 2021, the design solicitation was closed. Design solicitation
ranking, with RG Architects ranked as number one, was approved by the Board on
October 26th, 2021. RG Architects' contract was awarded on March 8th, 2022, and the
notice to proceed to RG was issued -- was issued on March 14 of this year.
On September 9, 2021, the CMAR solicitation, contractual manager at risk, was
closed -- excuse me. Oops, sorry -- was closed. CMAR solicitation ranking with DeAngelis
Diamond ranked as No. 1 was approved by the Board on November 9, 2021. The contract
with DeAngelis is scheduled to be presented to the Board of County Commissioners for
approval following the completion of the entitlement process.
COMMISSIONER KLUCIK: The entitlement process is what we're doing now?
MS. RONCORONI: Excuse me, sir?
COMMISSIONER KLUCIK: The entitlement process is --
MS. RONCORONI: Yes.
COMMISSIONER KLUCIK: -- what we're doing and what the County
Commissioners are doing --
MS. RONCORONI: Yes.
COMMISSIONER KLUCIK: -- with this item?
MS. RONCORONI: Correct.
COMMISSIONER KLUCIK: Okay.
MS. RONCORONI: I'm going to read you some of the statements that were made
during the site selection hearing that took place on February 23, 2021. You can see the
statement made by Commissioner Andy Solis. He had, from my perspective, there's not
really much of an issue as to whether or not it would be better for the people that need
services to locate it next to the existing mental health facility.
During the same hearing, Commissioner Rick LoCastro stated, I can tell you, as a
former healthcare administrator, when it comes to future grants -- when it comes to future
grants, philanthropic possibilities, and especially just efficiency of operation, having it next to
the David Lawrence Center is going to be a real strength for this community showing that we
have a major footprint that is totally focused on mental health and not fragmented in lots of
different places. So I think when it comes to the site, it's a no-brainer. The David Lawrence
Center site is the winner by far.
During the same site selection hearing, Linda McKinnon, president and CEO of
Central Florida Behavioral Health Network, stated, our network subcontracts require that our
providers and our services be provided in a manner that reduce the stigma of reaching out to
mental health care. Because of that, I can't support placing the centralized receiving facility
on government property adjacent to the jail complex as it will increase the perception that
mental illness means criminal illness.
And with this, I'll go to the next presenter, Scott.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Commissioner Klucik.
COMMISSIONER KLUCIK: Could you remind me again of what the five sites
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were? Because obviously that one was near a jail, one was the current proposal. What were
the other three?
MR. BURGESS: There were -- the five were -- three were proposed here on this
Collier County complex campus, and two were over by the DLC campus. One was the
parcel that we're talking about now that was selected, and then there was a parcel next to that
which is the Parkway Life Church five acres.
COMMISSIONER KLUCIK: So it's roughly two general locations with five
different -- five specific proposals within those two general areas?
MR. BURGESS: Correct.
COMMISSIONER KLUCIK: Okay. Thank you.
CHAIRMAN FRYER: And, for the record, that was Mr. Scott Burgess.
MR. BURGESS: Oh, my apologies. I didn't know that I had to redo that. Scott
Burgess, for the record, CEO of the David Lawrence Center.
CHAIRMAN FRYER: Thank you, Mr. Burgess.
MR. BURGESS: Thank you.
Our community desperately needs to increase capacity and care through this top
priority in the strategic plan. Some of the Collier County Behavioral Health Center
community benefits will include that it will assist those with acute behavioral healthcare
needs; mental health and/or substance-use disorder needs and challenges.
It will assist with the growing demand that we have in Collier County, and that's only
been exacerbated by the recent closure of the Naples Community Hospital Mental Health and
Detox Unit. It will provide important linkages to community resources upon discharge, that
critical aftercare that's necessary for folks. It will expand crisis stabilization capacity for
adults and those that have Medicare and need Medicare in-patient support, which we are right
now having to send out of county for that support; and it will expand emergency services in
our assessment area.
This site was always intended to be an expansion of these types of support services,
and the Collier County -- the site that's been selected here offers -- this site specifically offers
clinical and operational best practice. And we've got independent individuals that are
subject-matter experts that will speak to this later in the public comments section, so I'm not
going to go into much detail about how this is the standard of care and best practice.
But just from a couple of very high-level points on that, I mentioned before some of
these bullets. But continuity of care. Having in-patient acute care supports located close to
the outpatient supports that people need is really important in order for them to have
expeditious next step in their treatment. The goal is to have same-day appointment. So
when somebody leaves in-patient acute, they have an outpatient support service that same
day. Obviously, having it right next to the current campus allows for that.
Integration of care. In addition to linking with those outpatient supports, we also
have a pharmacy on campus through Genoa Pharmacy, and we know how important it is to
get folks linked up with medication that's necessary for them to continue in the community if
they've been prescribed such.
Coordination of care, again, getting back at this linkage from in-patient into outpatient
care, ensuring that people have effective discharge planning and linking folks to that
outpatient support or also the community-based support that we provide. One seamless
system of care is best practice.
Efficiency of care. I won't go into much detail, but you can imagine what it means
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from a business and operations standpoint for -- to have efficiencies in your care and your
treatment as well, having things located closely to one another.
This is a centralized location. Not only centralized in the services that are provided
that people need to have access to, but we're centralized in the county. We're pretty much in
the middle of the county, and we're very closely located to 75, which is a major thoroughfare
and helps out with access for our clients and their families. So it enhances that client care
and engagement, and it also is very helpful from a staff recruitment and retention standpoint
to have close proximity to 75.
I'm going to hand this next slide over to Beth Hatch.
MS. HATCH: Thank you, Scott.
Good afternoon. Beth Hatch, CEO of NAMI Collier. Thank you all for allowing us
this afternoon.
For those who may not know, NAMI is a national alliance -- is the organization for the
National Alliance on Mental Illness. It's the largest grassroots mental health organization
dedicated to building better lives for millions of Americans affected by mental illness with
over 600 affiliates throughout our nation and 26 just in Florida.
As you see on the first portion of the slide, it says "members," and that is something at
NAMI that we strive as a part of our daily routines to ensure in our environment and their
time with us at NAMI that they're people first. So many are considered patients and are
recognized by their diagnosis and not their name.
Although I wasn't with NAMI during the survey and the focus groups that happened,
that occurred, in preparation for today I reinterviewed the staff that were there and also went
thoroughly through the notes of the think tank that they called themselves on those interviews
of our members at our drop-in center off of Trail Boulevard in North Naples.
And some of -- as it was shared, the result, they were very proud to be part of this.
And I commend the whole group and this coalition for including them, because they
definitely have -- should have a voice, and they gave them that voice, and these are just some
of the comments --
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Could I just ask you a simple question. Are you an
administrator or a mental health professional or both?
MS. HATCH: I am the new CEO of NAMI Collier.
COMMISSIONER KLUCIK: Okay.
MS. HATCH: So don't have a clinical background.
COMMISSIONER KLUCIK: Thank you.
MS. HATCH: Okay, yep.
Their answers were, of the think tank, were they need -- they recommended a
welcoming, secure environment, a therapeutic and not a clinical environment, a calm, tranquil
in colors and atmosphere, an opportunity for art therapy and music, outside space, nature, a
place to go for help and healing and hope without the constant focus on why one is just there.
As we go further, the portion on integrated centralized in the best practice. Whether
we're experiencing a mental illness for the first time, a caregiver of someone struggling, or
just a concerned friend or family member, we need to be able to show that there's a whole
community of people who care about what we're going through and providing that guidance
and community support on mental health journey; most importantly, we're ensuring that
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person knows that they are not alone.
One in five live with a mental illness, and those one in five are our family members,
our parents, our siblings, our children, our relatives, our neighbors, our coworkers and friends.
And those one out of five deserve to have an inclusive environment in our community and a
familiar environment rather than an institution or government setting. DLC's campus is one
of familiarity to many of our members and does not reflect that institutional setting.
We have looked at many options outside of -- hold on. I apologize. I have a
personal story. I apologize; excuse me.
The next three portions of bullets I'm going to kind of sum up in a personal story, and
the common question that we hear too often is when someone of one of those five come to a
crisis time, the common question is, where and what do we do? I share that many -- we have
to look for options outside Southwest Florida. Recently -- the circumstance that I was
recently part of was just after Hurricane Ian, and someone came to me and said, where do I go
and what do I do?
And I said, well, I've been in meetings, and DLC is taking other clients and patients
and helping others in our community with organizations that had complete loss, as in Lee
County.
So that dear friend and close family member that's like family to mine, we decided that
the East Coast was probably the best place for him to go. And on day three of his detox, he
was sent to the hospital just to do -- because his blood pressure was low. His wife jumped in
the car, leaving Collier County, and she got to the hospital to make sure he was fine.
And she asked him -- she was asked when she approached, how long had he been
detoxing from drugs?
She asked, what drugs?
And the exact word from that staff member was -- and why he looked so puzzled,
well, he's such a -- inappropriate to say today, but he's a crack addict. And needless to say,
this man has never done that. He just recently finished his round of cancer treatment, which
is part of his mental health decline and acknowledgment that he has been given another
chance and his alcoholism is something that he does need to deal with, and now we have to
get him to a place that can help him with that process. Although he's very skinny from all his
treatment, he will make it through now with DLC's help.
When we talked about the continuing of care, he was able to get into DLC, come back
to Collier County, which is his home, a local business owner, a local contractor for over 35
years. He only had to detox for three days because he was individualized, per him. And
when he went into the 28-day program at Crossroads at DLC, it wasn't a transition; it was
right there on campus, which made the process much easier. When he was on the East Coast,
he was going to leave detox and then have to go to another facility for his 28-day treatment.
So the continuing of care, the follow-through, the one-stop shop, all together we
guarantee better outcomes and avoiding having to start again. That integration of services is
what people have success on.
DLC, as Scott said, almost 50 years of those one-in-five people already knowing
where and what DLC does for the community. The dignity -- and the last portion -- is
individualize care and avoid re-traumatizing not only the member, the person, and also the
family.
I leave you with this today. If we were asking to build a heart institute or a cancer
institute, would we be in question today if this is the right setting? One in five people, our
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friends and our family, deserve no difference for their recovery in their healing. If anything
we know from storms and disasters, our community here in Collier County is exceptional at
pulling the experts together. And I would think that the county and the community would
want the level of experts that DLC has to make this recovery in process for those we serve.
Thank you.
CHAIRMAN FRYER: Thank you.
MR. YOVANOVICH: The next portion of our presentation is going to focus
specifically on this site and why it's the appropriate site and how it has already functioned for
47 years as --
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: Actually, since you're changing the topic, I wanted to ask
Scott, can you describe what goes on in there? In other words, I walk into the facility. How
long can I stay there? Weeks? Months? When I leave the facility, where do I go?
Because, myself, I don't have a good -- make believe I'm coming in there with a problem.
Walk me through what happens in the facility.
MR. BURGESS: Sure, thank you.
For the record, Scott Burgess, David Lawrence Center CEO.
CHAIRMAN FRYER: Thank you.
MR. BURGESS: So when one comes over to David Lawrence Center's
campus -- and do you want me to speak to kind of current or what we're envisioning?
COMMISSIONER SHEA: What you're envisioning in this facility.
MR. BURGESS: Got it.
COMMISSIONER SHEA: Yeah. More in the existing -- more in this facility.
MR. BURGESS: Sure. Understood. So in the facility that we're describing here,
it's a central receiving facility and, essentially, what that means is we will act as the
behavioral health emergency room for the community. When somebody has a challenge,
mental health or addiction-related challenge, they will be brought to the centralized facility.
We have an emergency assessment center that a person checks into first. That's where they
will receive a clinical assessment by a trained professional and likely, in addition to that, a
medical doctor.
That assessment leads to the determination as to whether or not that individual is
better assisted through an outpatient or community-based type of service that we might also
provide, and then we can link them directly into that care. That might be on our current
campus, or it may also be something that we provide in the community, because we provide a
lot of support for children, families, adults right in their homes.
If the person meets a certain threshold dependent upon, you know, what the law
stipulates in that regard, they may need to go on our unit. We have a mental health unit, and
that would be an individual that would struggle primarily as a danger to self, having
depression and maybe some suicidal thinking. That's the most common situation.
COMMISSIONER SHEA: Is that unit in the new facility?
MR. BURGESS: It is.
COMMISSIONER SHEA: Not in the existing facility?
MR. BURGESS: It is. It's in the new facility. We also will have the capacity and
capability to provide support for those that are -- that's under the Baker Act process. There is
a very similar process called the Marchman Act that kind of has similar criteria, but that's for
individuals that are struggling with a substance use issue, and we will be able to service those
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individuals in this facility as well. So Baker Act and Marchman Act services.
We will be able to assist those that have mental health challenges and have Medicare
that requires an in-patient hospital license, and we don't currently have that. It will be in this
new facility. And data that we had suggested that -- the last data that we had was about, I
think, 6- or 700 residents of Collier County were having to go outside of Collier County to
receive support because we didn't have capacity, and some of that capacity was related to not
having the Medicare capability.
So those are really the primary --
COMMISSIONER SHEA: So it serves as kind of an emergency room triage. But
can somebody be held in that facility for two months to go through treatment, or two days?
MR. BURGESS: So once they're on the unit, that's determined based on clinical
need. So the doctors will be consistently assessing what is an appropriate time to stay in our
unit. Typically, that's anywhere between four to five, six days, so it's a relatively short-term
process, though we do have some individuals that may stay with us for two months. If that's
what's required for them to become well, we have had individuals on our unit for that period
of time.
COMMISSIONER SHEA: Okay. Thank you.
CHAIRMAN FRYER: Thank you.
MR. BURGESS: Absolutely.
MR. YOVANOVICH: So as I started the presentation with this site, which
is -- collectively, this is the subdistrict that currently exists as of 2007. We basically added
this five-acre piece to the subdistrict because the David Lawrence Center, which I'll get to in
another slide -- there was an order of taking that resulted in the David Lawrence Center losing
a significant portion of what their campus was and was going to expand, so they acquired this
piece of property to address their original expansion needs. So we formed the subdistrict.
So we're talking about 5.15 acres for this specific rezone on this specific property to talk
about the behavioral health center.
And I'm -- we've had a lot of petitions that deal with public health issues come before
this Planning Commission and the Board of County Commissioners. Not all of the
development activity is for residential or commercial development. The vast majority of
those petitions, the response back has been "We love the mission. We hate the location."
To me -- it's troubling to me personally to hear that and have to respond to that
because I think we lose a little bit of our humanity when I hear that, and it bothers me. This
facility has been in this neighborhood for 47 years. It has been a good neighbor. It has been
a vital community asset. Probably -- I know I know people who have used these services and
have to -- have had mental health issues and needed this care.
And it was real easy for me to say the David Lawrence Center is where you've got to
go and here's the exact location of where the David Lawrence Center is. And, personally,
they've helped friends of mine.
The location is a perfect location. You can see how close we are to I-75, as Scott
mentioned earlier. It's basically adjacent to where these services have been provided for all
these years and has been a good neighbor.
The district was set up for all of these specific uses I mentioned earlier. The only real
change that's being made to the subdistrict is instead of going through the conditional-use
process, it's going to be a rezone process to PUD. From a practical standpoint, what does
that mean? You've still got to get four out of five votes from the Board of County
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Commissioners, and you've still got to go to the Planning Commission to get a
recommendation.
Other than that, frankly, the conditional-use process has less criteria to go through and
would be an easier process. You'll hear from Jessica that we're really doing the PUD to have
some flexibility on the height, to make sure we can accommodate the uses in height versus
what can occur through the conditional-use process.
So what you have in front of you is a facility that has always been planned to be on
this property. I know I keep saying that. But I think it's important for those of you who
weren't around in 2007 when we went through the subdistrict process that this is what was
always anticipated to occur. It's just being funded with a different owner of the building, but
the services have always been intended to be here.
What is around the building -- around David Lawrence Center today is you have the
David Lawrence Center -- I've lost the cursor -- there it is. You've got the Parkway church,
and then you have, basically, the county behavioral services building or receiving center that
will be operated by the David Lawrence Center. You've got the bridge club near by, you've
got a host of other nonresidential uses.
And when Jessica takes you through the process, you will see how there's adequate
buffers to address neighborhood concerns, and you will hear how the facility will operate.
Commissioner Klucik, you asked the question about public notice about, you know,
what was going to happen on this piece of property. 2007 we did the subdistrict. Public
notice required that the immediate neighbors receive a mailed notice. It also required that the
property be posted, and it also required that there be an ad in the newspaper.
So in 2007 --
COMMISSIONER KLUCIK: That this district could be used for this purpose?
MR. YOVANOVICH: This exact purpose.
So as I said, was the public -- when was the public noticed? 2007 the neighborhood
knew we were going through this process. Some people here may not have been around in
2007, and they're going to come to you and say we didn't know.
COMMISSIONER KLUCIK: At that time, was there opposition voiced?
MR. YOVANOVICH: I don't remember a whole lot of opposition. I will confess,
2007's 15 years ago, but I don't remember a lot of opposition to this particular expansion.
But there were four public hearings, and I said that earlier. I'm going to say it again. Four
public hearings. They were publicly notified for the neighborhood to understand exactly
what was being proposed on this site.
And I recall, I think it was unanimously approved by the Board of County
Commissioners to establish that subdistrict within the Growth Management Plan.
So since 2007, the record has been clear that this property was going to be used for
this exact purpose that we're here before you today.
Again, I mentioned that there was an order of taking that required this facility to
expand on this five acres instead of where it was currently located. And Commissioner
Coletta, you know, said, if I may, I've been following this with the greatest of interest for
some time. It's a needed facility out there. It's got the support of just about everyone and his
brother from one end of the community to the other. I make the motion for approval.
It was approved because everybody knows this facility is needed. These services are
needed, and it's in a location that has historically been where these services have been
provided. I don't -- I struggle with the argument that we're somehow a bad neighbor because
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we want to do what we've always said we wanted to do on this piece of property since 2007.
You will hear the input we received from the neighbors in the neighborhood
information meeting and how we've incorporated that into the proposal. It has actually
resulted in our asking for deviations to build taller fences, taller barriers to address those
concerns.
COMMISSIONER KLUCIK: Can you go through that, because I know --
MR. YOVANOVICH: I'm going to let Jessica do that.
COMMISSIONER KLUCIK: I know the staff let me know that you did some things
that went beyond the requirements.
MR. YOVANOVICH: Right. I'm going to let Jessica do that. We do have those
slides. So bear with us. It won't be that much longer, Mr. Klucik, for her to go through that.
But I just want to, again, show you what was approved in 2007. What was the intent is to
provide the continued operation of existing uses and the development and redevelopment of
institutional and related uses, and you can see in the yellow what we're proposing to do on the
site was always intended to be on this site. The group care facilities was always intended to
be on this site. It was always intended to be an expansion of the operations of the David
Lawrence Center. And you can see that many of those uses that were listed there were
required to be in coordination with the David Lawrence Center on this site.
Jessica is going to take you through, specifically, the PUD and how it works and how
it works with the community. And I will turn it over to her now and let her take you through
and answer your questions, Mr. Klucik, regarding changes that were made.
COMMISSIONER KLUCIK: Thank you.
MS. HARRELSON: Good afternoon. For the record, Jessica Harrelson, certified
planner with Peninsula Engineering.
As you can see on the screen, this is the proposed amended subdistrict text with
changes underlined and struck through. The PUD rezone process has been added to the
language to permit the existing list of uses. This provides for greater flexibility and design of
the site.
Also, text has been added to the subdistrict -- to the subdistrict text for the subject
property to satisfy preserve requirements by retaining 10 percent native vegetation on site.
Of properties that are with -- outside of the Coastal High Hazard Area that are five to 20 acres
in size are typically required to provide 15 percent, but there are exceptions from the standard
when right-of-way acquisitions occur. And the property is encumbered by 83 feet of
right-of-way easements, which equates to just over a half acre of land. So once you deduct
that from the total site area, the site would be required to retain 10 percent.
Following the site feasibility study that evaluated five separate locations for this use,
the Board unanimously selected the subject property for the proposed facility. That occurred
in February 2021. The proximity of the existing David Lawrence Center to the subject site
will allow synergy between the two facilities, and the proximity to Interstate 75 is also a great
advantage to EMS and the Collier County Sheriff's Office.
In May of '21, the Board approved a long-term lease and operating agreement with the
David Lawrence Center. Within that agreement, it states the Board has determined that it is
in the best interest of the public to enter into the agreement with the David Lawrence Center
based on the terms and conditions within.
Two public meetings were held to discuss the project. We had a courtesy
informational meeting on May 4th followed by the required neighborhood information
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meeting on July 26th. Both meetings were advertised. Mailed notices went to properties
within a one-mile radius. The meetings were held at the Golden Gate Community Center and
were also offered virtually. And from those public meetings, we incorporated elements to
address some of the public's concerns, which include an increase in wall height from the
code-required six to eight feet to a maximum of 10 feet. We added enhanced landscape
buffers. The location of retained native vegetation on site was strategically planned to
provide additional buffering and screening from adjacent residential development.
The orientation of the building is being designed to be less impactful on residential
neighbors, and windows within patient rooms will be treated to impede clear visibility from
and into those patient rooms.
I don't know what's going on here.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: When you had these meetings, were there -- was there
much participation from the neighbors?
MS. HARRELSON: I believe at our required neighborhood information meeting we
had roughly 30 individuals participate.
COMMISSIONER KLUCIK: And what was their -- you know, what concerns or
what was their opinion when -- or reaction to what you were proposing?
MS. HARRELSON: The use on the property in proximity to their residential homes.
COMMISSIONER KLUCIK: They did express concerns?
MS. HARRELSON: Yes, they did.
COMMISSIONER KLUCIK: And that's one of the reasons that you made some of
these changes?
MS. HARRELSON: Correct.
To review the PUD master plan, again, the request is for a maximum of 64,000 square
feet including up to 102 patient beds. Setbacks are 108 feet from the southern PUD
boundary here. We have 75 feet required on the north and 30 feet on the sides. These
setbacks are consistent with the Estates zoning district.
The development will have a maximum zoned height of 45 feet and an actual height of
53 feet limited to two stories.
Access will be one direct connection from Golden Gate Parkway, and there are two
potential interconnects that were added for future planning purposes with the adjacent
property to the west. That's the Parkway Life Church.
To discuss landscape buffers, a Type A buffer will be provided along the west
adjacent to the Parkway Life Church. This is a 10-foot-wide buffer and will consist of trees
spaced at 30 feet on center.
Where the property abuts residential to the north and to the east is an enhanced 15-foot
Type B buffer. This will include a 10-foot wall, a row of canopy trees planted a minimum of
12 to 14 feet in height and spaced 25 feet on center, also a row of understory trees planted at a
minimum of eight feet in height and also spaced 25 feet on center, a continuous hedge six feet
in height, and all plant material will be installed on the external side of the wall so it's visible
from the residential development.
Along this --
MR. YOUNGBLOOD: Mr. Chairman, I apologize. Zoom cut out on us. I just
need to reconnect.
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CHAIRMAN FRYER: Oh, okay. Thank you.
Do you need a recess?
MR. YOVANOVICH: Just a couple -- just a few seconds.
CHAIRMAN FRYER: Okay. We're going to be coming up on our midafternoon
recess anyway. I see it's 2:23.
Ms. Harrelson, about how long do you have?
MS. HARRELSON: I think we have probably 20 minutes.
CHAIRMAN FRYER: Okay. Would you mind if we interrupted it for a 10-minute
break?
MS. HARRELSON: Sure.
CHAIRMAN FRYER: Okay. Thank you. Well, the consensus of the room is is
that we're on break, so I'm going to follow up on that and say that we return at 2:40, please.
(A brief recess was had from 2:24 p.m. to 2:40 p.m.)
MR. BOSI: Chair, you have a live mic.
CHAIRMAN FRYER: Let's return to session, please.
Ms Harrelson, you have the floor.
MS. HARRELSON: We ended with the details on the southern buffer. The
southern buffer will also be an enhanced 15-foot Type B with the same plant materials that I
described for the north and east buffers. There will be no wall adjacent to the right-of-way.
We will also be installing Pond Cypress and Dahoon Hollies within the water management
area that is planned in this location. That is to aid in the rural character of the
site -- maintaining the rural character, sorry.
There are three deviations from the Land Development Code being requested. The
first is an increase in the wall height from six to eight feet to a maximum of 10. That will
further address compatibility with the neighborhood.
The second is to request a deviation from the 500-foot separation between group
housing facilities. There's going to be a total of 330 feet between the existing David
Lawrence Center and the Collier County facility.
And the third deviation is to reduce a setback for the proposed wall from preserve
boundaries from five feet to two feet. This is being requested so that 100 percent of the
plantings within the enhanced buffers can be installed on the external side of the wall and still
have the ability to meet the required preserve.
Developer commitments have been added to the PUD. We'll go through the first
couple general for the requirement for annual PUD monitoring. Also, the requirement for
state or federal permits being obtained prior to the commencement of construction.
For transportation, the site will be limited to 139 two-way p.m. peak-hour trips.
Environmental: The required preserve is outlined in that necessary management
plans for listed species will be provided as necessary at the time of SDP.
Lighting will be Dark Skies compliant to protect neighboring residential properties
from light pollution.
For utilities, this commitment language outlines that necessary improvements to
infrastructure will be made to accommodate the project as necessary.
Commitments have also been added outlining the details of the enhanced landscape
buffers I previously discussed, and we do have renderings of those landscape buffers further
on down the presentation.
And, lastly, the last commitment made is architectural commitment to ensure the
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windows within the patient rooms abutting residential properties will be treated to impede
clear visibility from and into those rooms.
Per the Traffic Impact Statement, the proposed project will not create any significant
impacts to the adjacent roadway network, and the subject roadway segment will operate at an
acceptable level of service with the project's proposed traffic. We do have Norm Trebilcock
here if there are any questions related to traffic.
An environmental assessment was conducted, and from the exhibit you can see on this
screen, the meandering pedestrian transects that were completed with the environmental
survey, which is the standard for surveys conducted to support local, state, and federal
environmental permitting.
There were no state or federally listed species observed on site. The site does not
contain any federally designated critical habitats. There were no rare or less rare plants
found on site that meet the LDC criteria to be preserved.
The property is outside of the panther consultation area, and any on-site wetlands are
not anticipated but will be verified during the state environmental permitting process. And
Bruce Laymen is here if there are any specific environmental-related questions.
And Ryan Richards is going to come up. Thank you.
MR. RICHARDS: Good afternoon. For the record, Ryan Richards. I'm a design
partner with RG Architects, the principal design consultant for this project.
We have gone through two parts of the presentation talking about why the need is
there, where it's going. This part is, you know, how it's being done and the visioning to date
at this point.
So we started off thinking real big picture design drivers, and we have some reference
images and some keywords up there. And we did design charrettes with both staff at the
David Lawrence Center, the staff at the county, the Sheriff's Office, but then also the
members of the NAMI community.
So when we put those over -- against each other, they overlaid quite nicely. People
really have the same visions. They really want to see the same outcomes for these projects.
Whether they're on the staffing side or on the membership side, they're really kind of -- their
visions line quite well.
So we did it in a different series. Some are words, and then some are pictures. We
have them kind of here together as a collage. So things like safety and security keep popping
up. Dignity, healing, family-focused care. I mean -- and these all came from both ends of
the same spectrum. So it kind of outlines that the mission has really kind of gotten through
to the membership in question.
And when we look at the referenced images, these aren't, you know, specific to this
project in any way. This is what people like to see. It's what they want to have included.
There's parts and pieces that touch them; that they feel that best belongs in this type of
environment, whether it's some greenery, whether it's, you know, natural lighting, warm
textural tones. Even though this might not be exactly the project in any way, shape, or form,
and it won't be, we start to understand what the clients and the memberships want to see at the
end of the day.
So with these in mind, we print this out full size and have it on the wall in all of our
meetings reminding why we're here, what we're trying to do, and what the project's mission
truly is.
So with that, we have come to a schematic point. This is the schematic design of how
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the building could look. There's some options still on the table of, you know, treatments on
walls, windows, ceilings. And this is the view from Golden Gate Parkway. It's the
southwest corner going in that main access drive.
As Jessica alluded to earlier, when it comes to building placement, we placed it
primarily along thin building facing north and south trying to buffer the parking lot from the
adjacent residential areas with the building itself to block things like headlights or any other
light concerns that may come through, shield it a little bit naturally in that way.
And then as you go back towards, like, the center of that lawn facade, you see it will
be, essentially, the main entrance. So once you pull into the parking lot, you have a very
clear visual of where your next step is going, whether you're a walk-in or a visitor, or it would
be at that point, and then even further back towards the rear of the site we'll have a secure
sallyport so that the transition from the Sheriff's Office or any vehicles that come to drop off
an end user is done under cover with acoustical treatments that will, like, mitigate the sound
that is sometimes associated with that, but it will be a much more secure environment than
what they currently have in place.
So as we look into some design options of what the front of the building could look
like, you start to see a little back to those reference images where you have warm textual
tones. Kind of trying to bring in a little greenery to it, make it inviting, and more of a
hospitality type of an environment as opposed to a clinical or hospital -- institutional type of
environment. So these are just some ideas -- and, again, this is very early -- that we're
bouncing around and kind of leaning towards to see how the facades of this building should
really be treated.
So we've got a series of views. And this is going to go around from Golden Gate
Parkway. We'll swing around the east side from the residential property and then end up on
the north. And as much as I like to do renderings and show cool buildings, this is all about
buffers. It's trees. It's not the most exciting stuff.
So this is that Type A buffer that Jessica was alluding to facing Golden Gate Parkway.
You can see some taller trees in the back. Those are the pond cypress. Those are shown at
75 percent maturity, which typically takes between three to five years to reach this level.
So once you get back down Golden Gate away [sic], we're really doing our best to try
to screen those views.
And then as you look from the southeast corner, looking back towards the north, this
is the Type A buffer with the pond hollies and then a straight Type A buffer down the other
side. This is where the 10-foot wall would start to come into play.
As you -- this is from the center of the property, I think -- Type B, thank you. Type
A, I clarify -- thanks for clarifying that, Rich.
Type A is against the church. The other three are Type Bs.
This is from the immediately adjacent property. You can see the car in the driveway
there looking back towards the south. Again, it's pretty much just a buffered area with a wall
in behind it. You can see the building does poke up somewhat. And as you turn back
towards the south, this is what happens when the two-story inversion is incorporated. So you
start to see little bit more of a height popping through. This would be at the max height
allowance that is shown, and this is primarily the driving force for the architectural
consideration of having windows that are obscured and allow people to see canopy treetops
and sky but not horizontally out and not horizontally into the building. So when you see
concerns like this, that is really the driving force behind that concession. That's in one of
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those deviations.
And then as we swing around to the north side and look back, this is a showing of
quite a bit more growth. That's primarily because the preserve trees are older and
established. They would remain, so you just have to see the height there. That would screen
some of that building. And then this is the Type A buffer from the -- from their screen wall
to the right is against Parkway Life Church, so this is kind of from the northwest corner
looking back towards the main building again.
So with that, I think we have reached the end of our presentation, finally. Are there
any questions?
CHAIRMAN FRYER: Yes. Commissioner Schmitt has a question.
MR. YOVANOVICH: Before we get to that, a couple things I wanted to kind of
clarify through some of the questions and make sure we got it right.
Mr. Shea asked about, you know, what are we basically doing on the site now and
how all that's treated. One of Scott's answers confused me as to whether or not we're
currently doing Baker Act on the site. We are currently doing Baker Act on the site. I
wasn't sure if that came across clearly to -- in his response to what are the current services
being provided. So that is, in fact, happening on site.
What we'll be doing is, through this, it will be, as Ryan was saying, is it will be a
quieter, more secure area for receiving people to the facility than currently exists. So it's an
improvement over the level of services that are currently being provided on site.
Also -- and Scott or Josh will correct me if I say this wrong -- we'll be able to
better -- well, we'll be able to separate adults from nonadults because right now they're being
serviced together in one facility. So by building this facility, we can keep adults away from
nonadults.
COMMISSIONER SHEA: Smaller adults.
MR. YOVANOVICH: I just don't -- I didn't want to say pediatrics, because I know
that's the wrong word. But, anyway, that's one of the other benefits of this proposed facility.
And with that, I do -- you know, I just want to reemphasize that this is not a new
service to this neighborhood. This is services that are currently being provided, and they're
going on a location that was always advertised and anticipated to occur since 2007.
And with that, I think we're done with our presentation, and we'll be happy to answer
any questions.
CHAIRMAN FRYER: Commissioner Schmitt.
COMMISSIONER SCHMITT: I have a question for probably either Rich or Scott.
Obviously, by members in the audience, there's going to be opposition to this --
MR. YOVANOVICH: Yes.
COMMISSIONER SCHMITT: -- so it's clear.
Historically, from a standpoint of the neighbors and good neighbors -- this facility in
the past -- let's say the past five years, how many police reports have been filed because of
noise? How many issues have been over escaped patients or any other type of issue that
would be deemed this -- render this site as being perceived as a nuisance to the community?
Are there any?
MR. YOVANOVICH: I'll have to turn that over either to Leslie or to Scott.
MR. BURGESS: Well, I'm certainly going to defer to formal complaints. We have
Leslie here from the Sheriff's Office, and she'll be able to speak more specifically to that.
As the executive director or the CEO of the organization for almost nine years now, I
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would say that I've not personally had -- at the neighborhood meeting, there were some
conversations regarding some comments that were made by neighbors. Some of those -- and
they'll -- they're here to speak. So some of those, as I was asking them about that, were
many, many years ago.
So I can't say historically that there were never any circumstances where there was
somebody that had a challenge that maybe was in the neighborhood in some way, shape, or
form having some struggles.
I would say that I believe the data demonstrates, in my personal opinion and what I'm
aware of, is that it will indicate that we're a very good neighbor, and there's nothing else going
on at David Lawrence Center that is not happening in other neighborhoods across our entire
community, other neighborhoods that are across our entire county.
I've been doing this for 31 years, exactly this type of work. And people say to me,
because of the misperception and the myth that's really out there, discriminatory, stigmatizing
myth that individuals that have mental illness are more dangerous than others, and aren't you
afraid of what you do?
And I say, I'm not afraid of people that are coming to my campus or my treatment
center, because they're receiving treatment. I'm a little bit worried about the folks that are out
there in the community and all other places that aren't receiving treatment.
CHAIRMAN FRYER: Mr. Burgess, I'm going to see if we can get to the best
evidence here on this with Lieutenant Weidenhammer.
LIEUTENANT WEIDENHAMMER: Thank you.
For the record, Leslie Weidenhammer, a lieutenant with the Collier County Sheriff's
Office Behavioral Health Bureau.
I can tell you in the recent past we have no reports of escaped or eloped individuals
from the facility. Obviously, the time and scope of that would have to be identified in
say -- in the recent past we have no reports of that.
COMMISSIONER SCHMITT: Noise complaints, other types of things that are
going on in the buildings or neighbors filing complaints with the Sheriff's Department or the
county code enforcement, for that matter, regarding any type of registered complaints on this
facility, in the operation in the facility?
LIEUTENANT WEIDENHAMMER: Obviously, I couldn't speak to code
enforcement.
COMMISSIONER SCHMITT: I understand.
LIEUTENANT WEIDENHAMMER: With that, I'm not knowledgeable of noise
complaints or anything of such on that.
COMMISSIONER SCHMITT: Okay. Thank you.
CHAIRMAN FRYER: Lieutenant, when you said within the recent past, can you just
give us kind of a ballpark time frame that you're talking about?
LIEUTENANT WEIDENHAMMER: Looking at the last year, last two years,
somewhere around that time frame, we have no reports of that.
CHAIRMAN FRYER: Okay. Thank you.
I'm also -- I'm curious about the church that is in between the two properties. Is there
someone from the church who's going to speak on that?
MR. BURGESS: Unfortunately, Pastor Randy Holdman, who is the pastor of that
church, is out of town and not able to be here today. He did author a letter that he wants to
have read into the public comment.
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CHAIRMAN FRYER: All right. Thank you.
MR. YOVANOVICH: And if I can, the church was a partner in the creation of the
original subdistrict.
COMMISSIONER SCHMITT: That's what I thought.
MR. YOVANOVICH: So the church was part of the original subdistrict.
CHAIRMAN FRYER: I take it, then, that the cleric supports this application?
MR. YOVANOVICH: I'm not aware of any opposition, so I would think, yes, they
support the applicants.
CHAIRMAN FRYER: Okay. Thank you. Other questions or comments, Planning
Commission, for the applicant?
(No response.)
CHAIRMAN FRYER: No one is signaling.
MR. YOVANOVICH: Thank you.
CHAIRMAN FRYER: So with that -- thank you -- we'll hear from staff.
MR. BOSI: Mike Bosi, Planning and Zoning director.
From a Comprehensive Planning standpoint, the Growth Management Plan has
recognized this subdistrict and the allowance of this type of a facility through a conditional
use since 2007, as has been stated before.
So the subdistrict modification to allow for the PUD, to me, is consistent with
that -- with that 2007 approval and was designed specifically to be more compatible and be
more flexible to meet the needs of compatibility with the adjoining properties and the
residential properties that sit to the north.
And then from a zoning standpoint, staff feels that enough compatibility measures
have been -- have been added to the PUD to ensure compatibility and safety for the general
area. Staff is recommending approval of both the GMP as well as the rezone petition.
We'll answer any questions specifically that you may have.
CHAIRMAN FRYER: Thank you.
Questions or comments from the Planning Commission, for staff?
(No response.)
CHAIRMAN FRYER: With that, we'll turn to public comment. And just as a
preface to that, I want to say this: I'm given to understand that there are 19 registered
speakers present and perhaps two on the telephone. It seems to me that the issues here are
pretty clearly defined. I don't want to second guess what objections or points that people
want to make might be made, but -- we'll start going with three minutes, but if it gets
repetitious, I'm going to do you a favor and cut you down to two minutes, because sometimes
that comes across better to the people who are trying to make a judgment not to hear the same
thing over and over and over again. But we'll start with three minutes and see how it goes.
Oh, and one thing you can do is if you want to stand up and say "I agree with the
previous named speaker," we will give that every bit as much weight as if you stood up there
for the full three minutes.
Having said that, Mr. Youngblood.
MR. YOUNGBLOOD: Our first speaker is going to be --
COMMISSIONER SCHMITT: Mr. Chairman, could I --
CHAIRMAN FRYER: I'm sorry. Commissioner Schmitt.
COMMISSIONER SCHMITT: -- that as we announce the speakers, you're going to
announce the principal speaker and then the backup, they could each be at the podium so we
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can -- we don't waste your time, and it gives us the time to hear what you have to say. Thank
you.
CHAIRMAN FRYER: Thank you. That's a good idea. Thank you.
Mr. Youngblood.
MR. YOUNGBLOOD: Our first speaker is going to be Christine Fawcett, followed
by Debra Landberg.
CHAIRMAN FRYER: Thank you.
MS. HAYES: Christine Fawcett had to leave.
CHAIRMAN FRYER: All right.
MS. HAYES: As did Debra.
CHAIRMAN FRYER: Okay. Who's the next speaker?
MR. YOUNGBLOOD: Gloria Moreno is our next -- is our first speaker, followed by
Garrett Beyrent.
MS. HAYES: Gloria had to leave also, but she's given me her statement.
CHAIRMAN FRYER: Okay.
MS. HAYES: This is on behalf of Gloria Moreno, and she's the director of Kiddie
Korral. This is the daycare directly across the street from the existing David Lawrence.
CHAIRMAN FRYER: We'd like to know who you are, ma'am, if you don't mind.
MS. HAYES: My name is Penelope Hayes. I'm a resident whose property backs
onto this.
CHAIRMAN FRYER: Thank you.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I just might want to let you know that -- is she given
extra time to read this other statement? I don't want her to not be able to --
MS. HAYES: I'm taking Gloria's time right now, and I'm also signed up to speak, if
that helps.
CHAIRMAN FRYER: Well, all right, but we're going to -- we're going to continue
to assess how much time we give. Sometimes we do allow people to aggregate time with
other people who don't want to speak but they happen to be present. I hope that doesn't
become necessary. But we want everybody to have the feeling and the substance that they
are being heard.
MS. HAYES: We would like that, too.
CHAIRMAN FRYER: All right. But I just -- I just want to caution you that
sometimes -- sometimes less is more, but go ahead.
MS. HAYES: We just had to witness a commercial of colors for the new David
Lawrence. So if you could just let us speak. We're talking about life safety issues. We're
not talking about not wanting something in our backyard because of aesthetics. We're talking
about life safety issues. And each person has an individual story of occurrences/events
which should be in the record at the police department. So we'll start with that. I'm just
going to read Gloria's, then I'll speak when it's my turn.
CHAIRMAN FRYER: Go ahead.
MS. HAYES: Again, important to know that Gloria is the director of Kiddie Korral.
That is the daycare directly across the street from the existing David Lawrence. This is her
direct letter, and she had to leave.
I'm concerned about this building being next to my business which is located at 3060
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62th Street South North [sic], Naples, Florida, Kiddie Corral on the Parkway.
I'm Gloria Moreno, director of the Kiddie Korral. I have been director for four years.
I do not open the -- I open the business at 6:30 a.m., and I have to have my husband go with
me every single morning to accompany me because of the people from David Lawrence
Center around the business doing drugs and drinking, and I am concerned about something
happening to me.
Our dumpster is always full of alcohol cans, needles, and garbage from the DLC
patients. Some of the patients from David Lawrence Center have come to the childcare
asking for money.
I'm afraid of something bad happening to my workers, the children, or myself because
of those patients on medications, and they don't act normal.
Having this, now a huge building, also here will create a worse problem. Please
decline.
CHAIRMAN FRYER: Thank you very much.
Next speaker, please.
MR. YOUNGBLOOD: Next speaker is Garrett Beyrent, followed by Bebe Kanter.
MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I spoke earlier, only
relative to something I wasn't here for. I'm actually here for this. I call this Mission DLC.
I was in the military. We had missions to do. They were important to us, and this is my
mission mostly because I was actually Baker Acted three times and put in DLC. It didn't
exist until I actually put up the money to create it.
So my -- what happened was a typical example of families today. I was riding on the
East Trail. I saw a piece of land, and a piece of land was for sale, and I thought, boy, that's
an old sign. That's a big billboard. It's falling down. I wonder why nobody wants to buy
that property.
Well, that property was right next to Naples -- not Naples Park. The south tract of
land next to Lely. And the property I was interested in was 134 acres, and I was going to
build 1,340 two-bedroom, two-bath entry-level condominium houses for people. It was
going to house -- and it was named -- Nights Bridge was the name of the project. It's now
Donna Fiala Park. That wasn't my original intention.
I was buying the property that you know as the original David Lawrence property
from Douglas and Mercy Bathey. They questioned me. They wanted to talk to me about
who I was and why I was buying their property on the East Trail that's now the park.
And they said, come over to our house and we'll sit down, and we'll have a glass of
iced tea, and we're going to talk about whether you can afford to buy this piece of property.
It's $1,650,000, and I want $650,000 cash, like, next week.
So I said, well, I can probably work with that. And I gave them a financial statement,
and I said, why do you need this money right now? You're -- this guy's got a mansion on the
beach. I mean, a big mansion. It has, like, Frank Lloyd low ceilings. He's a giant guy, and
then he walks you through, all of a sudden it opens up. It's all glass facing the Gulf of
Mexico. I don't know if it's there today. I haven't been down there in a week.
Across the street he had a steel yacht. He had his own yacht dock across the street
60 feet away.
The only problem with his house was he had had a 16-year-old son, and his name was
David Lawrence Bathey. That's where DLC comes from.
Well, Douglas and Mercy, she gave me a glass of iced tea, and we chatted. And I
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said, well, what happened?
And he said, well, I was an overbearing father. I'm a big industrial guy. I made
millions of dollars in business, and I couldn't get that kid to want to be like me. I
wanted -- he wanted to be an artist like my kids, except I have several -- I have three kids.
They're great kids. I'm lucky. One of them was, last year, in David Lawrence. I've been
there, like, five times. They would Baker Act me. They said, this guy's probably crazy.
Who knows? And I went to graduate school and counseling psychology at Nova trying to
figure out whether I was crazy or not.
CHAIRMAN FRYER: You're at three minutes, sir.
MR. BEYRENT: Do I have one minute?
CHAIRMAN FRYER: You're at -- I'm asking you to wrap it up.
MR. BEYRENT: Oh, okay, good. You just slowed me down.
CHAIRMAN FRYER: I'll give you 15 seconds.
MR. BEYRENT: Okay. So wrap it up.
Here's what happened, okay. Douglas said, okay, give me $650,000. I'm going to go
buy this piece of property, the original site, and I'm going to start something in the name of
my son because I'm responsible for his death. And that was -- his 16-year-old son committed
suicide, of course. That's where this whole thing's going.
And bottom line is I've had family members -- everybody in this room has been
plagued by mental illness and everything else. But, really, by 5:00 tonight when this place is
over, another 18.2 kids will die of drug and alcohol and suicide, and that's basically it.
This -- in Florida. I'm not talking the United States. Florida alone, we're going to lose kids
today.
CHAIRMAN FRYER: All right, sir, thank you. Thank you for that background.
MR. BEYRENT: My pleasure.
MR. YOUNGBLOOD: Our next speaker is Bebe Kanter.
CHAIRMAN FRYER: Commissioner Klucik, did you want to --
COMMISSIONER KLUCIK: Yes. I just wanted to thank you, sir, for sharing
something so personal and with that passion. It means a lot to everybody, I'm sure.
CHAIRMAN FRYER: Thank you.
Next speaker.
MR. YOVANOVICH: Our next speaker is Bebe Kanter, followed by Elizabeth
Bloch. Is Bebe still here?
(No response.)
CHAIRMAN FRYER: No. Who's next?
MR. YOUNGBLOOD: Elizabeth Bloch is our next speaker, followed by Kate Balsik
[sic].
CHAIRMAN FRYER: Thank you.
MS. BLOCH: Good afternoon. I'm Elizabeth Bloch. I live at 5920 Golden Gate
Parkway, directly across the street from the proposed new building site.
The 2007 meeting that they talk about -- I bought my property in 1998. Never heard
about it. I knew the prior owner to this property that we're talking about, Captain Mike
Aleva (phonetic).
I realize David Lawrence Center bought it, and I was told the project was stalled. I
never heard another thing until the second meeting for the public that happened a couple
months ago. So you wonder why you didn't have opposition; that's why. The public wasn't
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informed. None of my neighbors knew about this meeting until I talked to them yesterday.
At my property -- when someone is Baker Acted at David Lawrence Center, that's
only the beginning of the process for that person. When that person passes the criteria that
they're no longer a danger to self or others or they can't prove that they're a danger to self or
others, the door's open, and they're let out.
When that person is let out the door, where do they go? They don't have money.
What they have is a clear plastic bag with toiletries, and they're wearing a pair of cheap
flip-flops. How do I know that? Because I've had three of them on my property. I'm not
across from the current David Lawrence Center. They've had to come across Golden Gate
Parkway and come up the way and walk pretty deep into my property to talk to me.
I have not reported it to the police each time or the Sheriff's Office because I didn't
think it made a difference to anybody. I didn't know this was coming, or I would have tried
to put more of a track record out there.
One of those people came to my front door, left the property. I went to a meeting.
When I came home, he had come back to the property while I was gone, gone into my
recycling bin, taken out a pizza box and written a dissertation on why I should let him live in
my barn; because my property hadn't been mowed and, clearly, I needed help, and he needed
help, and we could help each other.
I was so frightened that I couldn't go out to the barn to feed my horse that night alone
because I thought that this guy that was this big by this big (indicating) was probably still
hiding on the property or sleeping in one of the stalls in my barn.
So I called the Sheriff's Office. A deputy came out. We walked the property
together with a flashlight. Both of us were so concerned about our safety that he had
the -- that he had the -- I forget what it's called -- Helicopter 1 or whatever it is -- the
helicopter from the Sheriff's Office used flur (phonetic) and infrared to try to detect whether
or not there was a person hiding in the bushes on the property, because he'd just come out of
David Lawrence Center with a clear plastic bag and the cheap flip-flops.
For me, this is a real safety concern. This is one of the three people that's come right
out of David Lawrence Center.
Another one -- my barn is behind my property. My house is at least a third back from
the road. One of these guys was actually undoing the second fence on my property, the
chain, to come talk to me at the barn when I was taking care of my horse.
I told him, stop. My dog is dangerous. I will come talk to you at the gate.
He was convinced that I should let him come onto my property whenever he was
going for his med visit once a week because he missed the six horses he took care of in
Georgia. I was not wearing a gun. I was not prepared to defend myself. And he was
between me and my house.
So when I leave my house to take care of a horse in the evening, how do you think I
feel knowing that the people that are getting treated at David Lawrence Center have to be
released by law when they no longer are a danger to self or others, but that they can walk right
onto my property? Because addicts and mentally ill folks don't respect the same boundaries
that normal people do for property and personal safety.
I understand mental illness. My mother was paranoid schizophrenic. Every three
years she was taken to a mental hospital, and then the judge gave my brother and me back to
her. And then we went through the cycle again. It's a year of decompensation.
CHAIRMAN FRYER: You're at four minutes. I'm going to ask you to wrap it up.
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MS. BLOCH: Okay. For me, all of the presentations here come down to one issue:
This is a residential neighborhood. I bought a property in a residential neighborhood. This
is a safety issue. When you increase the intensity of the population that goes to and from
David Lawrence Center, you're increasing the risk and the danger to all of us.
Thank you for your time.
CHAIRMAN FRYER: Thank you. And when we get to rebuttal, I'm going to ask
the applicant about the procedures used for discharge and whether something can be done to
mitigate this type of occurrence from happening. So we'll get some answers when the
applicant has time for rebuttal.
Thank you, ma'am.
MR. YOUNGBLOOD: Our next speaker is Kate Balsik, followed by Nathan Balsik.
MS. BALZER: Hi. I am Kate Balzer. Thank you all for your time. I know this is
a lot today, so I do appreciate your full attention when you hear us on this.
I currently live at 5895 Golden Gate Parkway. My property in particular is the major
bordering property to the new facility to be put in. My husband and I, which he'll be
speaking next, purchased this property July of last year.
I am a bit baffled today to hear that this was always a projected site for this property.
I'm 41 years old. My husband and I have worked very hard, moved our family here to
Florida. We have two children. I have a teenage daughter that I had taken out of school
today even to be here because this is such an important issue for our family. My son is in
high school.
We bought this property. We spent a lot of money for the property that is right next
to this. We spent $910,000 to purchase a property that we feel is our home. This is our safe
haven. I want my kids and anyone, my friends, family, anyone, our neighbors that come to
us to realize this is our home. I do think facilities like this are important. Mental health is
important. But this is right next to my house.
When you're seeing these plans they're showing, this is three to five years that that's
going to look like that. We didn't purchase a home to have this facility right next door to our
beautiful tropical oasis.
Also, very surprisingly to hear from David Lawrence -- the gentleman Andy that's
here, which I know he hasn't spoken. I have personally walked over from an incident that
has occurred at my home. We were trying to eat dinner. I look out my front window.
There's somebody coming onto my property trying to get into my home that is from the David
Lawrence Center.
I walked over there. I did do a formal complaint with them. The gentleman that
works there is very, very nice. And they were aware of that. So to hear that you haven't
heard of anything, that's not fair. I've definitely been over there, and they also have spoken
to me about that.
It's concerning for me. My daughter's bus stop is outside of where this is going to be
going. I am already nervous now, and I have to stand out there with my daughter. Luckily
my son's driving now.
And it doesn't also -- for property value, that's a huge concern for me. Who's going to
buy my house if I don't want to live next to this? I've asked them, would any of you buy my
house with this coming next door?
I think it's needed for a facility, but the problem is, Mr. Shea, you said, well, what's the
process; what happens? When the people leave, they're given prescription scripts. Then
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they walk past all of our homes to try to go to CVS. We've seen other people come. Well,
with my husband. There's a gentleman with a full bloody shirt that's looking over my fence.
The property of -- what they're trying to do with our property and build it is going to
make us feel like prisoners like with all these barriers, and we're talking walls, and then not to
mention the construction process.
So I just bought my house, and this is just too bad, so sad, you know, you just have to
deal with it?
And there are people with mental illness, and they do need help. But when they do
decide to leave, my house looks really inviting with my swimming pool. There are people
that they may treat for sexual additions. I have a 13-year-old daughter. And I tell all of you,
when you go to bed at night, if you can say you would vote for this project, you think of your
daughters, your sons, your grandchildren -- this is making me so emotional -- that
our -- would you be comfortable with this facility next to your home?
It's needed, yes, but put it somewhere else in a different public facility where when he
says people are released and they leave, he said they're no longer in our care, so then that's my
problem? That's not fair. It's not okay. And it's a safety issue.
CHAIRMAN FRYER: Thank you, ma'am.
MS. BALZER: I'm terrified.
CHAIRMAN FRYER: Thank you, ma'am. You're over time, but believe me,
we're --
MS. BALZER: Yes.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: One second, Commissioner.
I want to assure you that we're going to get into the discharge procedures on rebuttal.
MS. BALZER: Thank you.
CHAIRMAN FRYER: Go ahead, Commissioner Klucik.
COMMISSIONER KLUCIK: I guess I'm a little confused, because on the timeline, it
seems as though it was, you know, in the public record that this area was going to be used for
this purpose. Just hold on.
MS. BALZER: Sure.
COMMISSIONER KLUCIK: And I'm a real estate attorney, and I -- you know, I
work with buyers and sellers.
MS. BALZER: Sure.
COMMISSIONER KLUCIK: And so I understand, you know, you moved to an area
or you buy a new home, you don't always know exactly -- you know, you kind of get excited
about it, and you don't necessarily do -- know everything, and you don't look into all the
things that might help you understand, you know, circumstances that surround the property or
that might affect the property and impact it.
And based on the testimony of the applicant and then based on what you said, it's
either -- like, either they're not being accurate about what the public record, you know, and
what everyone knew or could have known if they had done their homework -- so either they're
not right, or you didn't -- you know, you weren't really served well by your real estate agent.
MS. BALZER: Okay. And I'd love to answer that. I actually am a realtor. I did
come to the county office. I also went to the David Lawrence Center. I did do my
homework, sir, and that's why I think it's really important that you allow us to speak today,
whether it's our three minutes or if you give us two minutes, because you will hear from those
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neighbors as well.
COMMISSIONER KLUCIK: But they didn't --
MS. BALZER: I was told and we were told, and there's been meetings that we've
gone to with the neighborhood meetings that said this was just possibly proposed. It was
never projected as 100 percent to be this site, and that's why it's so surprising today to hear
everyone.
COMMISSIONER KLUCIK: When you bought it, you were aware that it might be
used for that purpose?
MS. BALZER: No. They said that it was not zoned for that at this time. I did go.
COMMISSIONER KLUCIK: Not zoned for?
MS. BALZER: For anything, for the facility in this center to go there; that that was
not happening.
COMMISSIONER KLUCIK: Okay.
MS. BALZER: You can hear the neighbors as well.
COMMISSIONER KLUCIK: Yeah. But the public record is that it has been zoned
for that. It's just -- it wasn't proposed as a project until recently, but it -- but it was
always -- you know, for years and years it's been zoned for that usage.
Is that right, Mr. Bosi?
MR. BOSI: The project -- the property is zoned Estates, but it's designated through
the Growth Management Plan, through the individual subdistrict, that through a
conditional-use process, that this type of facility could have been developed, and that has been
consistent since 2007.
COMMISSIONER KLUCIK: And when did the discussion of this -- where we were
talking about the meeting at which, you know, the five different sites -- when did the five
different sites become a matter of public record, the five different possible locations?
MR. BOSI: You'd have to ask the applicant that. I wasn't involved in those
discussions.
COMMISSIONER KLUCIK: Was that a year ago or two years ago, or when was
that?
MR. YOVANOVICH: Let me get to the slide.
CHAIRMAN FRYER: All right, ma'am, thank you very much.
MS. BALZER: Thank you.
CHAIRMAN FRYER: And I take it this is going to Mr. Balzer.
(Simultaneous crosstalk.)
MR. YOUNGBLOOD: Nathan Balzer is our next speaker, followed by Penelope
Hayes.
COMMISSIONER KLUCIK: I'm not done with that witness.
CHAIRMAN FRYER: All right. Okay.
Ms. Balzer, come back.
MR. BALZER: She can have plenty of my time. She's got enough for the both of
us, but...
COMMISSIONER KLUCIK: Do you --
MR. YOVANOVICH: It was February 23rd, 2021.
COMMISSIONER KLUCIK: 2021. And when did you buy your house, ma'am?
MS. BALZER: We purchased in 2020.
COMMISSIONER KLUCIK: In 2020, okay. So the specific --
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MS. BALZER: I'm so sorry; 2021 July. We've been there just over a year, July
2021.
COMMISSIONER KLUCIK: Okay. So it was, like, five months after the
five -- those five sites, which are -- five specific locations which were either near the jail or
near the current David Lawrence Center; that was in the public record is what I understand.
MS. BALZER: Whenever I had asked, is there anything specific coming to this
property next to us, I was told no.
COMMISSIONER KLUCIK: What I'm trying to get across to you is that it seems as
though the evidence is it was a matter of public record that there were five locations. Three
were going to be near the jail or three were going to be -- you know, five of them -- half of
them were going to be to -- two or three of them were going to be David Lawrence Center
area and half of them were going to be near this complex here, the county complex, and that
was in the public record and was -- you know, you could have known that.
The only reason I bring it up is you make a very good case, except there's a partial
problem with it is that you could have known. And you did, you plunked down a lot of
money for a property that it seems as though there was a good chance this exact facility -- you
know, it was in the public record that this exact facility might be built there at the time that
you bought. And that's all I -- I just say I think everything should be fair. We should be
making a decision based on, you know, the accurate information, and you make a compelling
case on the impact on you, but I also think it's important to know the timing.
MS. BALZER: Correct. And I did go to the county building, and the lady at the Tax
Collector's Office pulled up that particular parcel. And I said, like, we would maybe
potentially want to purchase this property. I don't know if it would be for sale. And I said,
is there anything that's going in there at this time?
And she said no.
But I think it's interesting is we're here today saying, well, this was always going to go
there. That's a difference of the two things that we're hearing.
COMMISSIONER SCHMITT: But the Tax Collector wouldn't know that. The only
way you'd find that information is if -- through examining the zoning records.
MS. BALZER: Well, I went to the David Lawrence Center as well.
COMMISSIONER SCHMITT: Yeah, okay.
CHAIRMAN FRYER: Thank you.
MS. BALZER: Thank you.
CHAIRMAN FRYER: Mr. Balzer, introduce yourself and --
MR. BALZER: Well, I'll make it quick. My name is Nate Balzer. I live at 5895
Golden Gate Parkway.
As she mentioned, we've been there a little over a year. My 13-year-old daughter is
right there. She gets on the bus right in front of my house every day. My son, up until
recently, also got on the bus closer to the church.
Since I can recall -- and I'll just elaborate on what she said -- we've had two incidents
with people being released from the facility.
I happened to be walking by my front door one day and noticed somebody wandering
around in my front yard kind of in between my house. And we're directly to the east of the
proposed site. So we have one other neighbor. Her name is Hazel. She lives alone.
The gentleman that was wandering around in our front yard was sort of lingering in
between our property and her property. I went out and greeted him to see why someone is
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70 yards off of Golden Gate Parkway into my property. He said he was trying to fill a
prescription. Must have mistaken our front yard for a CVS or something like that. And I
corrected him. Sent him on his way. No harm, no foul. You know, I don't believe that
person's a criminal, so I guess I didn't think I needed to call the cops or whatever.
My wife also alluded to a bloodied shirt gentleman one day. I way driving home
headed east, Golden Gate Parkway. I happened to notice a larger gentleman whose shirt
appeared to be covered in blood and walking in flip-flops right by my house.
I have to make a U-turn to get into our property, which I did. I saw him closer. He
did not look like he was in great shape.
I go into my house, and my wife said, that guy was just standing in front of our
property staring over the fence, just staring over the fence looking into our property.
So, again, no police report filed. No harm, no foul, I guess. But in a year's time
we've had two incidents that could have ended up badly, I guess, or two questionable
individuals. So I realize that there's no police reports from the Sheriff's Department. Yeah,
but there's certainly incidents.
And so we have questions of safety. We have questions of privacy, quality of life,
things like that. But, again, like my wife alluded to, if this was going to be built next to your
guys' house, is it something that you will welcome? And I say that 100 percent agreeing that
the facility needs to be built, but I think in Collier County there's probably 100 other places
that it would fit just fine.
I realize it's extremely convenient for the current David Lawrence Center, but it's not
convenient to all of us that have to live right next to. So that's my time.
CHAIRMAN FRYER: Thank you.
Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah, I really do appreciate all the information that's
being passed to us. But this is all being presented based on what's happening now. And
based on your testimony, I guess we're to assume that -- through extrapolation or through
assumption that this is going to be exacerbated by building another facility. Is that what -- is
that what we're -- you're asking us to basically infer?
I mean, I can't do anything about what's there now. I can't take the zoning away --
MS. HAYES: Is it the same company as David Lawrence Center? The same
company? These two facilities are run by the same people?
COMMISSIONER SCHMITT: Okay. So, basically, all these anecdotes and the
stories, and I don't -- it's not that I don't disagree [sic] or I don't -- I'm not disparaging in any
way, but somehow I've got to link this to what you're asking is that because of the experiences
going on right now, that we're to conclude that it's only going to get worse with this additional
facility; is that correct?
MS. HAYES: Absolutely.
CHAIRMAN FRYER: And you might introduce yourself.
MS. HAYES: Would you infer that? Would you infer that yourself?
CHAIRMAN FRYER: The questions go the other way, ma'am. And my question to
you is, what is your name, please?
MS. HAYES: Penelope Jean Hayes, 5900 Painted Leaf Lane. I live directly behind
the proposed site.
CHAIRMAN FRYER: Thank you.
MS. HAYES: We think that the applicant is not being honest with you, to answer a
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question from one of the commissioners earlier. I think that is the answer of the two.
When my husband and I purchased our property, which was before the February 2021
meeting of the Board of County Commissioners, we checked the zoning on that property, and
it is zoned residential. That informed our decision to buy, and that was prior to that.
And you might want to check your records, because that vote was not unanimous. I
have met with the commissioners and know firsthand that it was not a unanimous vote by the
Board of County Commissioners on that date.
COMMISSIONER KLUCIK: I would like to -- Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I'd like to get confirmation on whether or not that was,
you know, because that was what I heard is all the votes were unanimous.
MS. HAYES: And I was told otherwise by one of the commissioners who voted
against it.
COMMISSIONER KLUCIK: Can staff confirm those votes?
MR. BOSI: Staff can do some research after this hearing and provide you --
COMMISSIONER KLUCIK: Yeah. I mean, I think that's important. If we've been
told things are unanimous, that's very different than it not being unanimous. And I had no
reason to question it, but we now have someone calling it into question.
MR. YOVANOVICH: It was your staff that testified it was unanimous.
COMMISSIONER KLUCIK: Oh. It was the lady? Ma'am? Okay. And does she
stand by that testimony, or might you have been mistaken?
MS. RONCORONI: Claudia Roncoroni with Facilities, for the record. On my notes
I have unanimously selected.
CHAIRMAN FRYER: And you were there, ma'am?
MS. RONCORONI: I don't believe I was. I don't believe I was.
CHAIRMAN FRYER: Is there anyone in this room who was there when the
commissioners voted?
MS. GOODNER: Yes.
CHAIRMAN FRYER: Would you come forward, please.
State your name and then tell us your personal recollections about how that vote went.
MS. GOODNER: My name is Angela Goodner, and it was a unanimous vote.
CHAIRMAN FRYER: Say again.
MS. GOODNER: It was a unanimous vote.
CHAIRMAN FRYER: It was unanimous. Okay. Thank you, Ms. Goodner.
MS. HAYES: Thanks, Angela. That surprises me.
I think when this issue is brought before the Board of County Commissioners again on
November 8th, it will be a different result because now you have heard from this community,
and our voices should matter. We're part of this compatibility. There's David Lawrence and
their needs and the community's needs as a whole, but there's this community, and we are a
population of people also. And it takes two parts to make that compatibility work. We're
the other half of that part.
We've not been asked. No one ever told us. We were not informed. Your staff
could have done a much better job of informing this community. I have no idea why this
neighborhood was completely negated in this and deliberately kept in the dark about this, and
that is how we feel. We -- in fact, it's not even a feeling. It's a fact. It was a deliberate
deception to not tell this neighborhood what was going there.
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And when there were meetings on public record, it was described as Tract 66, Unit 30,
Golden Gate Parkway. So unless we're psychic, how would we possibly know that they're
talking about this wooded lot that is full of coyote and Florida panther that is directly behind
our house and next to their house? How would we know that? Until the very first time we
received a notice which was -- Sally, was that April we received a notice for the first meeting
in May, and then in June -- this is just a couple of months ago -- we see for the very first time
these renderings. Not the ones that were shown to you today because, by the way, there's
deception in those, too.
Look at the perspectives of the people in the cars next to what is a two-story building.
These are the renderings that were shown to us today at the meeting in June.
COMMISSIONER SCHMITT: And those are --
MS. HAYES: Sixty-five [sic] thousand square foot --
COMMISSIONER SCHMITT: Those are in our packet, just to let you know.
MS. HAYES: Great. So let's have a look at them. This is Kate and Nate's house
right here. Does that make anybody feel a little bit uncomfortable when they see this
building in a residential neighborhood?
We did not know. We're not even given the opportunity to speak more than three
minutes here today. We were not asked. We were not included on the committee -- a
19-person committee that met 18 times. Eighteen times. That's amazing. And not one of
the people in this room, not one neighbor was included in this. Isn't that a deliberate
deception to not include this community in something that directly affects us?
How were we supposed to know that they wanted to put a 64,000-square-foot building
that looks like a shopping mall next to our homes with patients, as you've heard, that trespass
on our properties? This is history.
How many times have we heard the message about learning from history? You ask
the question if it's being -- you know, if we're expecting the same result. Well, yeah, we're
expecting the same result of what these bad neighbors are doing at the current DLC. They're
not handling their operations very well, because their patients are coming onto our properties.
And you were also asked how recently this was. You heard at the neighborhood
information meeting from us. You heard a neighbor say that there's screaming patients being
brought into David Lawrence Center by ambulance. And you asked, how long ago was that?
And the response was two weeks ago, two weeks ago when they screamed for 30 minutes
coming out of an ambulance into David Lawrence, and their home backs directly onto your
current existing facility.
So these -- you're not hearing the truth today, because they're not telling you what we
told them. Why do we waste our breaths? We came to this neighborhood information
meeting. We told them all of this. So they're telling you that they made buffers of trees and
added two feet to the wall. We didn't ask for those things. We told them that our life safety
is at risk. We told them that there's drug needles on our property and patients coming onto
our properties. They're not doing a good job handling it. They didn't come with a new plan
of how they're going to do this better with a new David Lawrence facility, this gigantic central
receiving facility that looks nothing like the first one, a bunch of cute little huts. This is a big
deal in a residential neighborhood. There's other places to put this.
CHAIRMAN FRYER: I've given you six minutes, ma'am.
MS. HAYES: Thank you.
COMMISSIONER KLUCIK: Mr. Chairman?
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CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Yes. I'm going to want to hear from the staff of the
David Lawrence Center, maybe the president. I mean, I want to know, you know -- if you're
concerned about mental health, you know, I mean, obviously, it seems like it's a major
negative impact on families, children to have to, you know, live by your facility, and it seems,
then, it would be -- whether or not it's legally incumbent upon you, it seems as though in
keeping with your own goals of -- you know, and enhancing mental health of the community
that people who don't have a problem now should -- you know, should also be cared about,
their mental health should be cared about, and their well-being should be cared about. And it
doesn't -- it doesn't seem as though they were very well read in on the fact that this was going
to be near them.
Now, that might not be your fault but, certainly, it's your project, and it's your issue to
deal with. And I'm really concerned and disturbed at the -- you know, the level of frustration
that the people here have -- the residents here have, your neighbors have.
I don't think that just because there was a public process -- it does seem as though the
public process, if it was going to impact people so clearly, that it is very hard to know which
issues come up and how much they actually will affect you as a property owner, because it is
all very specialized language, and it sounds as though there weren't really notices until the
decision was already made. Like, the public notice that would be -- there wasn't a public
notice posted on the property that was selected, right?
So if -- when -- there probably was a public notice, I'm thinking, on this property now
because you're coming before the Planning Commission, but there wasn't one when this
property was selected as the site for this project.
And so the neighbors who are directly impacted -- and their mental health is directly
impacted. So I think it's a black eye on you, in my view, that you have ignored the mental
health of your direct neighbors, and I think it -- I don't think it's an easy problem to address,
but I think you bungled -- from what I've seen so far, you've bungled the, you know, relations
with your neighbors, and I think they're bringing up some very serious concerns.
CHAIRMAN FRYER: We are going to have opportunities to consider what we want
to recommend to the Board of County Commissioners at the appropriate time. And one
thing -- I mean, obviously, we could vote this down, or we could vote in favor of it, or we
could continue it and ask the parties to see if they can't get together and identify some solid
controls that deal with such things as discharge procedure and otherwise make it safer. I'm
not suggesting any of these things except as a range of options that we have when the time
comes.
All right. Next speaker, please.
Thank you, ma'am.
MR. YOUNGBLOOD: Thank you, Mr. Chairman. Our next speaker is Burt Hayes,
followed by John Anderson.
MR. HAYES: I'm going to want to give my time back to Elizabeth Bloch, please.
CHAIRMAN FRYER: Is this someone who's already spoken?
MR. HAYES: Yep.
MS. BLOCH: I will address something different.
CHAIRMAN FRYER: You have different points to make, ma'am?
MS. BLOCH: I do.
CHAIRMAN FRYER: All right. I'm going to hold you to three minutes now,
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please.
MS. BLOCH: No problem. Thank you.
I appreciate that you guys are considering what we're saying to you. Your question
about discharge procedures isn't the only thing to consider with regard to patients coming and
going.
There are patients that are in-patient at David Lawrence Center, and when they're
released, they're not always balanced properly. If the insurance money runs out, they have to
let them go even if the medication hasn't taken effect.
There are people coming regularly weekly and monthly for medication visits. There's
an enormous population coming and going from David Lawrence Center at all times. We're
not just talking about people that are released from a Baker Act being a potential danger to us.
The pharmacy that they talked about at the facility that they currently have is a room
smaller than just the area that you're sitting right now. I've had foster kids that have been
involved in David Lawrence Center. I understand these problems.
The wall they're talking about buffering is only on two sides of that property. The
third side you just walk around a wall, just like me walking around this table right now. So
that's really all I wanted to confirm for you.
CHAIRMAN FRYER: Thank you.
MS. BLOCH: That it isn't just the Baker Act and the Baker Act that's the problem.
CHAIRMAN FRYER: Thank you very much.
Next speaker, please.
MR. YOUNGBLOOD: Our next speaker is John Anderson, followed by Sally
Anderson.
MR. ANDERSON: Thank you very much. I am John Anderson. I live at 5910
Painted Leaf Lane, directly in back of this proposed project. I'm not going to repeat, as you
hinted before, said before, what has already been said, but I'll just try to sum it up the best I
can.
We're looking at two different things here. One is the project itself has tremendous
merit, tremendous. It brings me to tears when I thought about this over the past few months
and thinking about it now, and I'll continue to think about it. I have nothing -- and I think I
speak for everybody here that has the red shirt on -- nothing against this project. It is a good
thing. And there are people that are really hurting, especially -- I mean, just look at the
COVID situation that we had in the past year and a half, two years, what it's done to people,
never mind all the other challenges that we have in life.
And so that side of it, I get it. I get it. And I applaud Mr. Burgess. I applaud the
team that is backing the project.
But what -- where we differ, where I differ -- and, again, it's been repeated, but I'm
going to say it again -- it's the location, the mix, so to speak. Residential neighborhood is just
that. It has children. It has adults. Many of the children, the young ones, obviously, are
school age, and the whole bit.
Both my sons, Michael and Brian, went through the public school system. I spent 30
years teaching here in Collier County. Part of it at St. John Neumann High School, and I
finished my teaching career at Golden Gate Middle teaching seventh graders.
And I certainly was exposed during that teaching experience for 30 years of young
people with problems and the whole bit, and probably a number of them I don't know and I
don't care to know might have even gone through the David Lawrence Center at one time or
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another. But back to the fact that taking this institution and constructing it right -- well,
literally, if I may be selfish about it, right in our own backyard or on the edge of the property
there deeply concerns me, deeply.
I spend a lot of time -- I have a couple work sheds, and one I constructed. The other
one I had built a number of years ago. But that said, I spend a lot of time in the one I
constructed. I have all my tools and everything there. I have a beautiful garden that I put
together. I've been working on for a long time. I never thought it would come to a point
where, as I walk back there and have my back door shed -- the doors open, and I can see all
the beautiful pine trees, the birds and all that and all their wildlife, I never ever dreamt that
possibly I'd need protection for not only myself but for my lovely wife. Thank God my two
boys are grown up, and they're on their own.
CHAIRMAN FRYER: Sir, you're at four minutes, so I'd appreciate it if you'd wrap it
up.
MR. ANDERSON: Thank you.
But that said, I never thought that for safety issues that I would have to, for lack of a
better term, arm myself, because if something happens from that backyard there, what am I
going to do? Am I going to dial 911? Am I going to run to my house and try to grab the
phone, lock the doors, yell, my wife's in there, that we have a problem with a patient that was
discharged and still has need for help and has nowhere to go.
So that's my point. It is nothing against this project. It is the location of the project.
And I think I do -- and I'll end it with, you know, Murphy's law: What can will happen.
And I really, really fear for both sides, my side and Mr. Burgess' side, that something really
tragic is going to happen, and there's going to be so many people trying to wipe their hands
clear of it, or clean of it.
CHAIRMAN FRYER: Thank you, sir.
MR. ANDERSON: I don't want that to happen. Thank you.
CHAIRMAN FRYER: Thank you very much.
MR. YOUNGBLOOD: Sally Anderson is our next speaker, followed by Dale
Mullen.
CHAIRMAN FRYER: Ms. Anderson, go ahead.
MS. ANDERSON: I'm Sally Anderson. Been a resident 35 years at our home. For
the record, we have never received any sort of notification, and I read junk mail. I mean, I
read every ounce of mail I get.
COMMISSIONER SCHMITT: Can you speak into the microphone, please.
MS. ANDERSON: I read -- should I start over?
COMMISSIONER SCHMITT: No, I heard you. Just make sure the public hears
you.
MS. ANDERSON: Okay. As far as notification, we've never received anything
about any of the changes in zoning or anything prior to the letter from the engineering
company, and that's why we're here today. This is the first time we've ever been notified. I
read every piece of mail I receive, even if it looks like junk mail --
(Simultaneous crosstalk.)
CHAIRMAN FRYER: Ma'am, after the public is finished speaking, we're going to
inquire of staff exactly what notice procedures were employed.
MS. ANDERSON: Thank you.
CHAIRMAN FRYER: And we're going to be sure that they were in compliance with
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the ordinance.
MS. ANDERSON: Thank you very much.
CHAIRMAN FRYER: Thank you.
MS. ANDERSON: As part of compatibility, it's -- you know, the definition, as you
know, it's a condition in which land use or conditions can coexist in relative proximity to each
other in a stable fashion over time so that no use or condition is unduly negatively impacted
directly or indirectly by another use or condition.
Past experience, we've had K9 units in our backyard going through the sheds, John
was saying, talking about. We've had the Sheriff's Department with a robocall, stay inside
until you're further notified to stay safe.
CHAIRMAN FRYER: Would you repeat that, please. What did you just say?
MS. ANDERSON: That we've had robo -- you know, calls stating stay inside. Do
not -- lock your doors and stay inside for safety --
CHAIRMAN FRYER: And this was explicitly --
MS. ANDERSON: -- purposes.
CHAIRMAN FRYER: -- attributed to something --
MS. ANDERSON: And then the helicopters would be going over, and then the K9
units would be coming out.
CHAIRMAN FRYER: How often has that happened?
MS. ANDERSON: The K9 units once that I'm aware of.
CHAIRMAN FRYER: How many times have you been -- received a notification like
that?
MS. ANDERSON: Oh, gosh. Well, we've lived there 35 years. I'd say at least 10.
CHAIRMAN FRYER: Okay. Thank you. And you're quite sure that it had to do
with David Lawrence?
MS. ANDERSON: Yes, yes.
CHAIRMAN FRYER: Okay. Well --
MS. ANDERSON: I enjoy sitting out on the back patio listening to the birds, just
enjoying the beauty outside. I no longer feel safe. I -- and if -- I will no longer feel safe if
this gets approved.
I appreciate you bringing up the mental health issue for those neighbors, because I feel
like I'm ready --
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, Commissioner.
COMMISSIONER KLUCIK: Yeah. I mean, I would just say -- I'm not a mental
health expert, but I would say it would seem to be traumatic for an adult or a child to hear
people screaming or to know that there's people in your backyard that just were released from,
you know, mental health treatment. And, you know, just the discussion before of people
coming to the -- you know, the women who testified that people came to their homes that
were disoriented or a little -- you know, obviously, people in need of help, still in need of
help.
I -- you know, obviously, I know the facility can't do things that are -- you know, hold
people against their will, but it seems it's -- you know, it's your facility that causes this to be a
burden to your neighbors, and I would also think that's -- I don't know how you could deny it
that it's trauma inducing. I think it is trauma inducing to have to be in fear because there's
people, you know, that you don't really know what their mental state is, or you do know at
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least something about their mental state. You have some suspicions. I think that is a
traumatic experience for anyone.
And I appreciate you bringing it up. And it's a little frustrating because I don't know
that there's a good answer, but I certainly don't think we can just sweep that under the rug.
MS. ANDERSON: I appreciate that.
CHAIRMAN FRYER: Yeah, and I don't believe we will.
I'm going to ask this question not because I'm in a hurry to get this matter concluded,
I'm not, but I'm just starting to get a firmer idea of where I would like to go with it as one
planning commissioner.
So I'm going to ask Mr. Youngblood the question, how many more speakers do we
have?
MR. YOUNGBLOOD: Mr. Chairman, we have seven in-person speakers and three
online still.
CHAIRMAN FRYER: Okay. Well -- and I am only speaking for myself. But I
am -- I'm becoming keenly aware of the seriousness of these problems. I don't think the
problem has to do with what this center and this facility are licensed to do or what they're
trying to do or even the location of where they're trying to do it.
The problem is collateral unlawfulness, collateral unlawfulness in the form of
trespassing and the need for "stay inside" notices and things of that nature.
And even though that's not within the scope of the David Lawrence Center treatment,
since they're providing the service there, they have to have some ownership of the
consequences, and I think something needs to be done about it. And I, for one, am going to
try to see that through.
Now, as far as the rest of this day is concerned, everybody who wants to speak is
going to have a chance to speak, but don't forget that there's going to be a rebuttal session
after this, and it may well be that we decide that we want to continue this rather than reach a
conclusion tonight and see if we can't get some more information, information that would
indicate statistics about such things as the "stay inside" notifications and the helicopters and
the like. Because I want to know more about that, and I want to be sure that that is based in
fact.
So having said that, thank you, ma'am, for yours.
MS. ANDERSON: Thank you.
CHAIRMAN FRYER: And, sir, we'll turn to you. And just -- I'll say this again. At
some point you might believe, those of you who object to this, that you might be better served
by letting us have our time to deliberate and discuss following rebuttal, but that's up to you.
Go ahead, sir.
MR. MULLIN: Thank you. My name is Dale Mullin. I'm president of Wounded
Warriors of Collier County. I'm also a Vietnam veteran, and our goal is to provide assistance
to help families in this county in the areas of mental health, education, and housing.
We support what -- Wounded Warriors supports what David Lawrence is doing in
terms of the expanded facility. Veterans coming home from today's wars are dying at
astronomical numbers. It's about twice the average of the general population. Twenty-two
veterans a day commit suicide. There is not enough access for beds in this community to
serve our population.
And I understand all the comments that were made here today, and I can appreciate,
but I know that veterans are dying on our streets here in Collier County, whether it's from
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suicide or whether it's from substance abuse, and there is a need to do it now and not postpone
it.
A couple things: A few years ago, about three years ago, we opened a transitional
house here in Collier County for veterans that were -- because of substance abuse and -- down
on Fifth Avenue North in Naples. And we had to go to a hearing in the City of Naples to
increase the number of beds in that house. And we heard the same kind of comments, the
fear, fear, fear; these veterans were going to hurt their children, were going to hurt the
neighborhood, were going to do all these things, which was very powerful, and I understand.
But I can tell you that we have been there for three years. We've had 16 veterans go through
that house, and not one single incident of any kind of problems within that neighborhood.
Those veterans come from St. Matt's, those veterans come from David Lawrence
Center, and they come from veterans treatment court. Not one single incident has happened
in those three years.
I'm not discounting anything that was said here today, but I'm telling you that it works.
And one of the key things to make it work is you've got to have programs and services around
it, which are very critical to making it work.
Our veterans are important to us when they come back from today's wars. And I've
got to tell you one other story. A gold star mom about three or four years ago, and her
husband, stood in front of me before we opened this alpha house, and said, our son died, who
came back from Afghanistan, on the streets of Naples. He graduated from high school here.
He died on the streets of Naples here because of substance abuse, and we could not find a
place for him to go.
Now, I want to tell you, as I watched those tears fall down those parents' eyes and I
looked into their eyes, I got very teary eyed myself because of thinking that we live in a
community where there are not enough beds to either house veterans that are either homeless
or provide medical and mental health care for those veterans. It's very emotional, and I am
very emotional about it and very committed about helping our veterans in this community get
mental health treatment.
Thank you very much.
CHAIRMAN FRYER: Thank you, and thank you for your service.
Next speaker, please.
MR. YOUNGBLOOD: Next speaker is Trista Meister, followed by Angela Goodner.
CHAIRMAN FRYER: Ms. Meister.
MS. MEISTER: Hi, there. I'm Trista Meister, and I served on the ad hoc committee
to create the strategic plan, and I'm a member of the Collier Coalition for Healthy Minds.
I am here today to read the letter from Park Life Church -- Parkway Life Church, who
is the neighbor of David Lawrence Center.
It is my privilege to be able to share my support and expressions in letter due to my
physical absence of these important and informative meetings for the work and forward
direction our community's taking with the expansion of David Lawrence Center.
For the last 15 years I've served not only as a lead pastor of the Parkway Life Church
at 5975 Golden Gate Parkway, but our church as a next-door neighbor to the David Lawrence
Center.
Over the years and especially under the administrative leadership of Scott Burgess, we
have worked in some ways as partners in our efforts to address the growing and alarming
concerns of mental and emotional health. Our community is very fortunate to have a place
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for treatment and support that has been provided [sic] proven success over the many decades
of the existence of DLC.
Its continued growth not only speaks to the needs that continue to increase but also to
the success of what DLC continues to accomplish through their ever growing and expanding
services.
One of the greatest decisions, in my opinion, the residents of this community made
was when they spoke through a ballot in 2018 to provide expanded mental health services for
our community. These services and this center have been recognized as one of the top
mental health providers in the nation.
Collier County continues to lead the way in addressing the growing needs for such
support. I can assure you, as an established pastor in our community, I know I speak on
behalf of my personal colleagues. We need these services and this decision the residents
anticipate will have a significant impact on making our community and families safer, more
productive, and healthier.
We are establishing a very valuable asset that will be passed on to our youth and
upcoming generations that will be eternally appreciated.
I appreciate the David Lawrence Center's awareness of ensuring the operations of their
center maintains [sic] and brings quality service in a way that allows cohesiveness to its
neighbors and avoids destruction to the families surroundings its campuses. It always has
and always will.
I completely understand the concerns anyone would have regarding the impact of
growth and operations this center may have on the normalcy of its neighborhood, but I'm
100 percent confident that DLC and the county officials are listening and making sure and
assure provisions to address these concerned [sic].
It is my hopes that they will continue to see our community thrive through the present
and future plans of the David Lawrence Center.
Do you guys want a copy of this?
CHAIRMAN FRYER: Who signed it?
MS. MEISTER: This is from Dr. Randall Holdman, who is the senior pastor at
Parkway Life Church.
CHAIRMAN FRYER: Senior pastor, okay. Thank you.
MS. MEISTER: Do you want a copy of it?
CHAIRMAN FRYER: You can make it a part of the official record if you wish.
Provide it to the court reporter.
MS. MEISTER: Thank you.
MR. YOUNGBLOOD: Angela Goodner is our next speaker, followed by Catherine
Schenk.
CHAIRMAN FRYER: Ms. Goodner.
MS. GOODNER: Hi, Angela Goodner, for the record.
And I am -- full disclosure, I am a county employee, but I'm here on my own time
speaking today as a member of the Collier Coalition for Healthy Minds. I am a county
employee because I came here -- I was offered the opportunity to come here to change the
way the county works around mental health. And I'm very proud of the work that we have
done. I've been involved in all of those meetings over all of those years.
And I have a personal story that I normally share, but it's more than three minutes. So
I'm just going to say, I live less than a mile as the crow flies from this proposed facility. I
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live on the opposite side of the interchange with I-75 and Golden Gate Parkway.
In my neighborhood, I have helicopters flying overhead. Three weeks ago I went out
to walk my dog at 10:00 at night. There were Sheriff's officers in my street flying drones
over my place. They wouldn't let me walk where they couldn't see me, and told me to go
home right away when my dog was finished.
It's because I live near the interchange. The interchange is there. There are
camps -- unfortunately. It's a blight on our community. There are camps of homeless
people living in the woods in that interchange.
I don't believe that people who are seeking treatment at David Lawrence Center are
drinking at the childcare center across the street. There might be people -- I don't deny that
they might there. It doesn't connect that those are people from the David Lawrence Center.
My personal story is one of my family living in the shadow of the stigma that goes
with this -- that we're hearing here today. The fear and the -- almost revulsion that makes
people really uncomfortable because it's a scary thing to them. They don't want that to be
associated with them.
A study just came out this past summer that 60 percent of the men who commit
suicide --
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I guess I'm going to, you know, kind of take issue with
the way you characterize the people who are speaking today. They are talking about things
that have happened to them. They have talked about things that have happened to them.
They haven't characterized anybody or stigmatized anything. They have talked about things
that would scare or even traumatize anyone. And I really don't think it helps your argument
to try to paint them as people who have -- who are trying to impugn or somehow demean
people in need of treatment, your patients, or the patients of the David Lawrence Center, and I
don't think that's fair, in any way, what you just said.
So I -- and you don't have to apologize. You're welcome to, but I just wanted to let
you know that that really bothered me, and it doesn't help your argument.
MS. GOODNER: I'm sorry, and I certainly wouldn't want to do anything to hurt the
David Lawrence Center's argument.
I was at both of those neighborhood information meetings, and I heard the things they
said there.
CHAIRMAN FRYER: You're at three minutes, ma'am, but I'll give you another
minute since you were interrupted.
MS. GOODNER: Sixty percent -- a study was released this summer that 60 percent
of the men who commit suicide in this country never sought any kind of treatment. It's
because of the stigma that is associated with doing so. And at the end of my speech I say that
the stigma has decreased a lot. I hope that that optimism isn't misplaced.
CHAIRMAN FRYER: Thank you.
Next speaker.
MR. YOUNGBLOOD: Our next speaker is Catherine Schenk. Is Ms. Catherine
here?
(No response.)
MS. HAYES: Yeah, it's actually -- it was deferred for Natalie Hogan, and -- Natalie
Hogan actually asked Catherine to speak, and she also had to leave. Natalie Hogan is --
COMMISSIONER KLUCIK: Mr. Chairman?
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CHAIRMAN FRYER: Yes, Commissioner.
COMMISSIONER KLUCIK: Is she able to speak for somebody who's not here?
CHAIRMAN FRYER: Well, we need to talk about that.
MS. HAYES: Can I just give you her letter, and we can save some time because I
appreciate --
CHAIRMAN FRYER: Make the letter part of the record.
MS. HAYES: Sure. Do I give that to --
CHAIRMAN FRYER: To the court reporter.
MS. HAYES: And I also have a stack of legal declarations from witnesses about
trespassing on our properties. Who do I give that to?
CHAIRMAN FRYER: Court reporter. It will be made part of the record, without
objection.
We have to try to maintain the substance of order here, and we've got rules that are
designed to be reasonable and afford people the opportunity to speak, but this is not an
unending procedure. At some point we have to bring it to an end.
And with that said, who's the next speaker, please?
MR. YOUNGBLOOD: Next speaker is Polly Keller, followed by Debora Smith. Is
Polly here?
MS. KELLER: Good afternoon. My name is Polly Keller, and I'm here today as a
lifelong advocate for mental health.
And I have to tell you that my life was spent with patients -- 2,000 patients growing up
with them, who I became friends with, who I understood as human beings, who I understood
were seeking help and needed help, and they were good friends, and I had those friends for 18
years.
I'm also a 54-year volunteer helping the David Lawrence Center become a reality and
develop into the expansive all-encompassing quality system of care available to all in need in
Collier County today, a system of care that reinforces the dignity of the person and helps
him/her return to society as a contributing citizen.
Our voting communities recognized this need and voted to raise their taxes to establish
this continuum of care, a continuum of care on adjacent sites without disruption of the
inconvenience of transporting issues and delivering that care. Treatment for a mentally ill
person who, through no fault of his or her own, is so deserving of that care.
When my husband, the late Walter Keller, architecturally designed the buildings at
David Lawrence Center, it was with the neighborhood in mind. Low-residential-type
structures that fit in, beautiful landscaping added an aspect of serenity to the surroundings
away from the site's out-of-sight, out-of-mind location. That prevailed in a then stigmatized
country.
When I grew up in '35 to '50 in the state hospital, stigma was unbelievable. I see that
it is still there today.
I remember when attending the Collier County planning committee way back when
we were applying for the original approval. A lady objected from the audience, afraid of the
type of person that would be her neighbor.
Paul Frank, a Planning Commission member, stated, ma'am, you ought to worry more
about your children outside this facility than those in it. Paul's statement still holds true
today. We are seeing outbursts everywhere, schools, churches, theaters, concerts, shopping
malls.
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My son lived in Pine Ridge, and he constantly had helicopters going over searching
through the areas for things -- for people.
And to quote another, in the words of the late Queen Elizabeth, we need courage that
can withstand the resistance of the cynics.
Please allow this facility on the requested property for even better continuity of care
for our community. Thank you.
CHAIRMAN FRYER: Thank you, ma'am.
Next speaker, please.
MR. YOUNGBLOOD: Debora Smith is our next speaker, followed by Debbie
Carter.
MR. BEYRENT: That's you.
MS. VAT: Can I have him speak for me?
CHAIRMAN FRYER: Oh, yes. By all means.
MR. BEYRENT: Once again, Garrett FX Beyrent.
CHAIRMAN FRYER: Well, now, wait a minute. Wait a minute. I misunderstood.
MR. BEYRENT: I brought my two crew.
CHAIRMAN FRYER: No. I thought you were up there because there was a
language barrier. I misunderstood. We're not ceding time to people who have already
spoken. We're not going to do that, but thank you.
MR. BEYRENT: I guess you don't get to speak.
CHAIRMAN FRYER: The lady can.
MR. BEYRENT: Okay. Good. Go ahead. I'll be right here. Don't worry.
MS. VAT: I'm Emma Vat, and I had suicidal [sic], and David Lawrence helped me a
lot and also helped my daughter. She was bipolar. And if it wasn't for them, I wouldn't be
here and my daughter wouldn't be here. So I am for them to enlarging it for more people to
get help like I did.
CHAIRMAN FRYER: Thank you very much.
And I'll just say this before we continue. I am -- I'm not a NIMBY person here. This
is not something that -- I would not be voting that I believe that this is a worthwhile activity
but it shouldn't be here in this particular location. This is a worthwhile activity, and it
shouldn't matter what location it's in. But if it is creating collateral unlawfulness, that has to
be dealt with irrespective of what neighborhood it finds itself in. So that's what my concern
is going to be.
Having said that, ma'am, you have the floor.
MS. CARTER: I'm not a bashful person, so I'll say it like the way I know. I've been
here all of my life, literally, Golden Gate/Santa Barbara Boulevard. I've had choppers fly
over. Never had anything to with David Lawrence. Had to do with other stuff, though.
I was broke into 10 years ago and robbed at gunpoint at 3:00 in the morning by home
invaders. It had nothing to do with David Lawrence Center either.
I understand their concerns. But I did get a notice. I've been to several of the
meetings. I got a notice, and I live right on Santa Barbara. I look at the church right across
the street. And I did get a notice, and I was at those meetings, and there wasn't a lot of
protesters.
I've been in Golden Gate all my life. If it wasn't for David Lawrence, my son would
be dead because when his friend Shawn Fisher -- and I'm sure a lot of you remember that
name -- was killed on I-75, that was his best friend, and my son tried to take his life, and
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David Lawrence saved his life.
I think if we maybe made the wall go around the whole facility, maybe got the police
to get involved a little bit more with the release dates of these people, we would have a better
run. I understand their fears, but I've been there all my life.
CHAIRMAN FRYER: The court reporter's going to have a difficult time keeping up
with you, and it's -- and since I've interrupted you, I want to ask.
MS. CARTER: You only give me three minutes, so I've got to hurry and get it in.
CHAIRMAN FRYER: I understand, but let me just ask a question. Are you
Mrs. Smith?
MS. CARTER: No, I'm Ms. Carter.
CHAIRMAN FRYER: Carter, all right. I just wanted to know who was talking.
MS. CARTER: And not misses. I have no desire to be that way again.
CHAIRMAN FRYER: Okay.
MS. CARTER: Nothing against you guys, you know.
COMMISSIONER KLUCIK: You're the best witness today.
CHAIRMAN FRYER: All right.
MS. CARTER: My best friend was Ms. Smith, and she's a retired vet, and I watched
her go through a lot of trials and tribulations, too, and David Lawrence is a really good
facility. And a lot of the people that go there -- I've delivered many vet friends there myself.
CHAIRMAN FRYER: Slow down.
MS. CARTER: And you know what, they make our country free for all of us. We
should be aware of the people that have those issues going on.
CHAIRMAN FRYER: Thank you.
MS. CARTER: You're welcome. Thank you.
CHAIRMAN FRYER: Next speaker, please.
MR. YOUNGBLOOD: Our final in-person speaker is going to be Debra Landberg,
and then we will go online to Linda McKinnon.
CHAIRMAN FRYER: Thank you.
MS. LANDBERG: Hi. My name is Debra Landberg.
First off, I have a big place in my heart for David Lawrence Center. I've had a lot of
friends benefit, family benefit from David Lawrence Center. Safety is our main certain and
issue. I do not -- this is not to get David Lawrence Center out of Collier County. Just put it
in its proper place, safe place.
Safety is our concern and issue. I would hope the facility being built would be a
warm environment no matter where they are building it. Naples is a beautiful area overall.
The perception that our courthouse and jail area is a bad area, I don't understand that.
I come here for numerous reasons. I've taught my kids to respect this area, and this
community, and we have a beautiful museum back here that I take my kids to. I don't think
of this area as a bad area.
Wait a second. I accidently got something.
I live, actually, on the other side of 75 going more into town. We moved in in
December of 2012. I've been here since I was nine. We've had over a dozen incidents of
individuals showing up at our home or in our neighborhood where I've contacted the Sheriff's
Department to get them out of our neighborhood.
Specifically, the day after Thanksgiving last year, I had the SWAT team at my house.
Ten officers in tactical gear for the prior homeowner, whom we know very well, and his son
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has a drug problem. We found out he was actually Baker Acted in David Lawrence, which I
was very glad.
And, by the way, the SWAT team was wonderful after the initial shock of the SWAT
team coming through our bushes into our home. But he was later arrested for assault
charges. Not everyone who's Baker Acted and leaves -- and that's the main issue. When
they leave, they're right on Golden Gate Parkway, and they're walking.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Ma'am, are you stating -- I mean, is your intent to state
that it was upon the discharge -- that it was associated with his discharge, this need for the
SWAT team?
MS. LANDBERG: No. He was Baker Acted -- he was Baker Acted -- when he was
picked up, he was -- actually, they were actively searching for him, and being that we had the
prior address, that's where -- another place they came to. Even though we --
COMMISSIONER KLUCIK: It sounds like that particular incident really didn't have
anything to do with David Lawrence Center's location --
MS. LANDBERG: My point --
(Simultaneous crosstalk.)
COMMISSIONER KLUCIK: Ma'am, ma'am.
MS. LANDBERG: Okay.
COMMISSIONER KLUCIK: I just want you to confirm: It sounds like that
particular incident with the SWAT team --
MS. LANDBERG: No. The SWAT team was great.
COMMISSIONER KLUCIK: Ma'am, just listen to my full question.
MS. LANDBERG: Okay.
COMMISSIONER KLUCIK: That that particular instant, when the SWAT team
came to your home, that really had nothing to do with the location of the David Lawrence
Center?
MS. LANDBERG: No.
COMMISSIONER KLUCIK: That was simply because that man used to live -- they
thought that was the suspect's house?
MS. LANDBERG: Yes, correct.
COMMISSIONER KLUCIK: All right. So it really isn't -- it really isn't relevant.
In my view, I'm not going to really consider that relevant to any of --
MS. LANDBERG: Okay. But he was Baker Acted. We know the family closely.
COMMISSIONER KLUCIK: Sure. Was your intent to show that you're --
(Simultaneous crosstalk.)
MS. LANDBERG: I'm not in any way saying he shouldn't get help, and I was very
glad he got help. My contention was when they say Baker Acted, I think a lot of people
perceive that it's a drug issue; there are no other issues.
There are instances where an arrest is made after the fact. And then sometimes, yes,
sometimes no. When people -- strange people have come to my door, and my daughter's
home by herself -- we have security now on our house to protect her while she's home alone.
And, you know, I don't want to put that out there, but that's really the major concern.
And I'm all for the David Lawrence Center and what services they provide. I'm just
saying, if there are more feasible locations, safe locations that can forward [sic] and make
sense, please do so.
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CHAIRMAN FRYER: Thank you. Next speaker.
MR. YOUNGBLOOD: Our next speaker, we're going to go online to Linda
McKinnon.
Linda, you're being prompted to unmute your microphone.
And she'll be followed by Melanie Brown Woofter.
CHAIRMAN FRYER: Thank you.
MS. McKINNON: Good afternoon. I'm Linda McKinnon, the president and CEO,
Central Florida Behavioral Health Network. And I did speak to the commission one other
time regarding this issue.
What has not been discussed is the whole design of a central receiving plan and central
receiving facility is really to mitigate a lot of the issues that have been discussed today. What
it will do is provide the opportunity for David Lawrence Center, through this receiving
facility, to provide what's called care coordination for these individuals, and what that means
is is that people are no longer just deemed that they're not eligible for admission or they're
not -- they don't meet Baker Act requirements. Those people are no longer going to have to
be just discharged, as you talked about, onto the street.
Those provide for care coordination to assure that people are appropriately linked to
the services they might need. That could be a shelter. It could be outpatient services. It
could be a whole myriad of services. It really just expands on the continuum of care that's
currently provided by putting the opportunity and a place to provide that kind of excellence in
care that's been proven to be very successful across the nation.
And I do need to say that in terms of mental illness, many, many people, very, very
few -- it's maybe 4 percent of people that are even hospitalized are deemed to have committed
any kind of dangerous crimes, and those are national statistics. So I support the plan as it
currently is.
Thank you for the time to speak to you today.
CHAIRMAN FRYER: Thank you. Next speaker, please.
MR. YOUNGBLOOD: Our next speaker is going to be Melanie Brown Woofter, and
we'll have one more after her.
Melanie, you are being prompted to unmute your microphone.
MS. BROWN WOOFTER: Yes. Good afternoon, and thank you to the Commission
for your service today and for your consideration of this important issue.
I'm the president and CEO of the Florida Behavioral Health Association, and we
represent the not-for-profit community mental health and substance abuse treatment providers
across the state. In fiscal -- in state fiscal year 2016/2017, the legislature funded the first
central receiving facilities. That year we had seven central receiving facilities come online.
The next year we had two more. Currently this year we have 15 across the state due to the
success and the positive impact that central receiving facilities have had on local
communities.
The design of the central receiving facility is that individuals can access care
regardless of their insurance. So there is no discharge because the insurance has run out.
You stay until you are stabilized.
You are actually linked to services, and there is a discharge plan so that when
individuals leave, they are connected to their family, their caregiver, a friend, and there's less
foot traffic than with other types of facilities that are there.
The law enforcement drop-off time is less than five minutes for each of these facilities
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across the state, so there's minimal disturbance or impact in terms of vehicles coming in and
out of the central receiving facility area.
The important thing is that, you know, we see people access care, we see people being
linked to services, and we see, you know, the success, again, and the positive impact to the
community with the central receiving.
I will say in the first nine receiving centers that are up, and actually the other 14, the
receiving center is located on the campus of the community mental health center or next door,
and that really seems to be a key success because of the link to services, the decreased need
for transportation from another area to where the services are, and that count has certainly
helped to mitigate many of the problems that you have heard about today from residents in
your area.
So thank you very much for your time and for your consideration of this important
issue.
CHAIRMAN FRYER: Thank you.
Next speaker, please.
MR. YOUNGBLOOD: Our next and final speaker is going to be Board of County
Commissioners Commissioner Andy Solis.
CHAIRMAN FRYER: Commissioner Solis, welcome, sir.
COMMISSIONER SOLIS: You all can hear me?
CHAIRMAN FRYER: Yes, we can now. Please proceed.
COMMISSIONER SOLIS: And I'd just like to thank you all for putting in the time.
I served on the Planning Commission, and I know it's a lot of work, and -- but it's very, very
important work. So thank you for all of your commitments to serving the community.
I would just like to say that when I started this whole process six years ago to try to
address this significant issue in the community (indiscernible) concern. Actually, a large part
of the concern was (indiscernible) community as a whole (indiscernible) and operating. And
I just want to reiterate that DLC has been operating in the current location for almost 50 years,
from what I understand. Decades of providing the care that our community needs.
(Indiscernible) raised by some of the neighbors really are actually going to be
addressed. I mean, those are concerns -- I think one of the commissioners brought up the
point that these are concerns as to what is occurring or how services are being provided now.
The design of this building will make this safer. It will address the transfer of clients
coming to the David Lawrence Center. There will be a sallyport. The issues regarding how
people come to the David Center [sic] will actually be improved.
Again, and (indiscernible) selection process. And I spoke as much as I possibly could
all over the community, all over Collier County in regards to how important this was. But in
terms of the site selection considerations and how the commissioners made that
determination, we looked at five sites. We looked at not only the appropriateness of the
location, we looked at the cost of each of the locations. It was a very, very detailed analysis.
We had experts detail and analyze and explain the different aspects of the site selection.
And this facility on this land that has been designated for this purpose (indiscernible)
decade will make Collier County a safer place.
I don't want to put words in Lieutenant Weidenmiller's mouth or the Sheriff, but I feel
certain that if the Sheriff was concerned in any way about the safety (indiscernible) residents
in the area, we would hear him say that.
CHAIRMAN FRYER: Commissioner, you're breaking up a little bit, sir.
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COMMISSIONER SOLIS: I was just saying that I think if the Sheriff was concerned
for the safety of the community as a result of (indiscernible) being located where it is, I think
we would have heard that from him.
So I hope that the commissioners will (indiscernible) and forward this to the
Commission with a recommendation for approval. Thank you.
CHAIRMAN FRYER: Thank you, Commissioner Solis, and thank you for your
service.
Let's talk about how we're going to go for the rest of the time. I'm not going to want
to carry this on beyond a point where we're not all at our best, and we're kind of at that point
for me right now. Obviously, the applicant has the right to a rebuttal, and the applicant can
take, within broad bounds of reasonableness, as much time as he wants, but perhaps not this
evening. So I'd like -- my first question is to Mr. Yovanovich: About how much time do
you think you'd need?
MR. YOVANOVICH: Ten minutes.
CHAIRMAN FRYER: Okay. Now to the Planning Commission, I'd like to hear you
all weigh in on your feelings about the time and how long we should go.
COMMISSIONER SHEA: I'd like to continue, personally, while it's fresh in my
mind.
COMMISSIONER SCHMITT: I'm good. I had a business call at 4:00,
which -- that's why I deferred it. I now have it tomorrow morning. But I'm fine if you want
to go to 5:00. I mean --
CHAIRMAN FRYER: I think --
COMMISSIONER SCHMITT: I think we still need to -- we can go through this, but
we still need to just handle one more matter, and that is the appointment of officers --
CHAIRMAN FRYER: Well, we've got another application.
COMMISSIONER SCHMITT: Oh, we've got two applications, plus the LDC.
CHAIRMAN FRYER: Yeah. Well, here's --
COMMISSIONER SCHMITT: Go ahead. Yeah.
CHAIRMAN FRYER: Let's see how far we can get until 5:00. But I've got another
commitment -- not a social commitment; it's a business commitment -- at 5:30, and I need to
prepare for it, and I'd like to change my clothes before it happens, too, but I may not have the
luxury.
COMMISSIONER SHEA: You look very nice.
CHAIRMAN FRYER: Well, thank you very much.
COMMISSIONER SCHMITT: You're looking good now. Come on.
CHAIRMAN FRYER: I was talking about dressing down, not up.
Okay. Having said all that, Mr. Yovanovich, let's see how far we can get.
MR. YOVANOVICH: Well, our goal is to -- I think we should wind this up tonight.
So I'm going to ask Scott to come and address some of the comments regarding how
patients are discharged, and then after that, I'll just have some very brief comments, and then
we'll, you know, answer any further questions you may have.
CHAIRMAN FRYER: All right. Thank you.
MR. BURGESS: Great. For the record, Scott Burgess, David Lawrence Center
CEO.
There's been questions that have come up related to discharge, and I want to be clear
that individuals that are discharged from David Lawrence Center are all assessed based on
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very strict medical criteria, and those discharges are facilitated by licensed doctors who have
trained in this field for a long while and have the expertise and the licensure to be able to do
that.
That being said, when individuals are discharged, part of our process in addition to the
doctors clearing individuals as no longer meeting Baker Act criteria, they are provided with
discharge aftercare instructions and planning which includes where are they going to be going
next, what are they going to be doing, how are they going to be able to get there, are
medication --
CHAIRMAN FRYER: All right, sir. In order to get as much information as I think
this Planning Commission wants to hear, I'm going to take the liberty of interrupting you and
asking you some questions.
MR. BURGESS: Okay.
CHAIRMAN FRYER: Okay. I understand your procedures, and they make sense,
and you've got medical doctors making judgments, so it's not a question of challenging your
procedures. It's challenging whether the results of those procedures are the intended result.
And what we've heard is is that there are people who then engage in trespass and, in some
cases, threatening behavior because they are left to roam around the neighborhood. They are
not transported, for instance, to some other place to spend the night.
So my question to you, sir, is, could you be doing that?
MR. BURGESS: We do provide transportation to clients that request transportation
support. So many of our clients are picked up by their family members, they're picked up by
their loved ones, they're picked up by friends. They are on our unit and not discharged until
they have their transportation in place.
CHAIRMAN FRYER: Well, what can you -- pardon me. What can you do to keep
people who are discharged from wandering around the neighborhood and trespassing and
potentially alarming the other residents? What could David Lawrence and what could the
county do to be mitigating these consequences?
MR. BURGESS: I would say that we're open to suggestions. What I would say,
also, is that individuals have civil liberties. And when they are discharged and not deemed
under the Baker Act fitting the Baker Act criteria, they have the legal right, like every other
resident in this entire country, to do what they prefer to do. If they prefer to walk home, we
must let them walk home.
CHAIRMAN FRYER: But if they're not walking home, then it becomes a
community concern, if they're doing something else.
MR. YOVANOVICH: Mr. Chairman, Mr. Chairman, we've heard anecdotal
statements. We have -- the only evidence that's been presented so far is the Sheriff's Office
that says there's no reported incidents. We've had people now say people were wandering
around, and they're claiming --
COMMISSIONER KLUCIK: Mr. Chairman?
MR. YOVANOVICH: Let me --
COMMISSIONER KLUCIK: No, no, no. I believe people were under oath, and
they told their stories.
MR. YOVANOVICH: And I'm going to get to that, Mr. Chairman.
COMMISSIONER KLUCIK: So it's not anecdotal. It's under oath, people
explaining --
MR. YOVANOVICH: Let me explain. You interrupted --
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CHAIRMAN FRYER: Mr. Yovanovich, let the commissioner finish, please.
MR. YOVANOVICH: He interrupted me.
CHAIRMAN FRYER: That's his privilege.
COMMISSIONER KLUCIK: Yes, that's my prerogative --
MR. YOVANOVICH: Oh, it is.
COMMISSIONER KLUCIK: -- absolutely, with the Chairman's permission, as a
matter of fact.
MR. YOVANOVICH: Go ahead. Sorry. I didn't mean to interrupt you.
COMMISSIONER KLUCIK: Thank you.
Okay. So let me remember where I was. So, no, they were under oath, and they
gave eyewitness testimony of what they experienced, okay.
So what I would say is that is evidence, and certainly I am treating it as evidence, and
I think my fellow commissioners, some of them will also be treating that as evidence. So for
you to say -- you can wait. I'm not done yet. I'll -- you know what I'm going to do, I'm
going to say "I'm done, sir. Your mic."
MR. YOVANOVICH: Okay. I'm sorry, Mr. Klucik.
COMMISSIONER KLUCIK: I think that is in evidence. And when you say that the
only evidence is the Sheriff's report, I think that's absolutely wrong, and I don't think it helps
your argument.
MR. YOVANOVICH: And I appreciate that, but you didn't let me finish the
sentence. They do not know --
COMMISSIONER KLUCIK: Go ahead. I'm done.
MR. YOVANOVICH: Sorry. They don't know for a fact that those people came
from the David Lawrence Center. They don't know that. There are people that -- we've had
testimony that there are homeless camps in the neighborhood. Could they have been from
the homeless camp? I don't know. But what I'm suggesting is we have procedures in place
to take -- we make sure people go home with relatives, friends, family. Could there be a
couple that don't go home that way? Yes. I get that.
COMMISSIONER KLUCIK: I guess I'm going to -- with the Chairman's permission.
CHAIRMAN FRYER: Go ahead.
COMMISSIONER KLUCIK: I guess we just heard your client say very, you know,
boldly and accurately, as a matter of fact, that, you know, you have your right to do what you
want to do. And I understand -- I totally understand that the David Lawrence Center can't
control that, but that doesn't mean -- that actually underscores the --
MR. YOVANOVICH: Sorry.
COMMISSIONER KLUCIK: That actually underscores in my mind, and I think it's
fair, that that actually makes the location -- questioning the location and its appropriateness,
that actually -- you know, that underscores that idea because the whole problem here is that,
you know, as our chairman has said, it was, like, ancillary or somehow related unlawful
behavior. What was your phrase, Mr. Commissioner?
CHAIRMAN FRYER: Yeah, that's pretty close; unlawful, yeah.
COMMISSIONER KLUCIK: Associated with the operation there. And I
understand not every incident that happens nearby -- we can say with certainty that not
every -- you know, can we say with certainty that every incident is somehow associated with
David Lawrence Center?
But I also am not going to at all entertain that none of it -- and you didn't say that.
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But I would say there's plenty of underoath testimony that these things have been associated
with the David Lawrence Center and the discharges.
And the concern here is to make sure that the brunt -- so we know what David
Lawrence Center does and what they would like to do in a new facility. We know it's a huge
benefit to the community. We know that. But I don't -- you know, you can't say because it's
going to benefit the community, therefore, some people have to suck it up. That's not -- that's
not -- that's -- you can never do something evil for the sake of something good.
And I say it's -- it is evil to impose suffering on somebody else for the sake of some
other good end. In my view, that's a moral absolute. That's a Catholic perspective, you
know, of the moral law that you can never ever do something evil -- you can't murder one
person who's innocent in order to save a million people in a stadium, right? You can't say,
oh, this guy's a hostage. We can kill him, you know, so a million people can survive.
Obviously, that's not what we have here, but we do have -- we're -- what we're doing is
we're putting it on the brunt of these neighbors who clearly have made a case that I find
compelling, and I certainly don't think I'm the only one who thinks there's something
compelling about what they're saying; that they're bearing the brunt because the services that
the David Lawrence Center provides are associated with some unfortunate, you know,
ancillary, you know -- you know, activity.
And to say that is not to be, you know, imposing a stigma or assigning -- you know,
there's nothing immoral about that. There's nothing wrong about that. As a matter of fact, to
deny that it's happening is another evil. If it's evil to stigmatize people, it's also evil to smear
people as if were they stigmatizing people.
So, yeah, I'm getting it all out. I don't think it's fair to paint the people that have come
here as -- somehow to smear them as somehow being against mental illness and people with
mental illness, and that's what we've heard. We've heard some people say that. I didn't say
you said that, but we had some people say that.
MR. YOVANOVICH: And I appreciate that.
COMMISSIONER KLUCIK: Yes, thank you.
MR. YOVANOVICH: Are you done?
COMMISSIONER KLUCIK: Yes, I am, sir.
MR. YOVANOVICH: Thanks.
I never said that these people have issues with people who have mental illness.
COMMISSIONER KLUCIK: No, but there is -- there are -- there is testimony today
in which that has happened.
MR. YOVANOVICH: There are people who feel that way, yes.
COMMISSIONER KLUCIK: Yes.
MR. YOVANOVICH: What I'm saying is -- and I don't want to get into statistics.
Let's assume that the person who got up here and spoke, that both of those incidents are
actually related to the David Lawrence Center. There were 1,743 Baker Acts just from the
Collier County Sheriff's Office. There were probably more from other people. He reported
two incidents in the last year. I'm just talking about the last year.
Statistically, that is .001 percent. That -- so I get that. So we're going to now say
that number is inappropriate on every neighborhood? There are neighborhoods around this
facility. This was the other location. Is it okay to now say .001 percent is not acceptable in
a location where this facility has been operating for the last 47 years but is now acceptable
over here on the county complex? I would say it's either appropriate there or it's appropriate
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here. It can't be appropriate here and not appropriate there under that.
This facility has --
COMMISSIONER KLUCIK: I think -- Mr. Chairman, if I may.
CHAIRMAN FRYER: Go ahead, sir.
COMMISSIONER KLUCIK: I think in an area that's not residential, that would
be -- you know, that could be a location where you don't have the impact on people in what
should be their sanctuary, which is their home.
MR. YOVANOVICH: But there's residential right around this complex. There's
residential right around this complex. And this complex -- I'm just -- my point is, there are
going to be residential communities, regardless of where you put this, that will be impacted
by this central receiving system where all the testimony about this central receiving system is
going to make better than what exists today. The David Lawrence Center is not going away.
Those services are going to continue to be provided at that center. It will either be provided
at the existing center, or it will be provided at the central receiving center, which will be better
and which will be safer and will reduce the impact from what's there today. That's the
question that we need to talk about.
COMMISSIONER KLUCIK: Yeah. Mr. Chairman, if I may.
CHAIRMAN FRYER: Go ahead, sir.
COMMISSIONER KLUCIK: Yeah. And I would say that that's probably the
most -- you know, the most chance of, you know, redeeming or -- you know, or -- I don't want
to say that, because I haven't made up my mind, but you're going to score a lot more points in
letting us know how the new center is going to alleviate what we've been hearing about,
and -- if that's the case, because I haven't really heard much of that. I just started to hear a
little bit of it. We haven't heard much of that.
MR. YOVANOVICH: And either shame on me or shame on us for not emphasizing
how this sally -- I forget the --
COMMISSIONER KLUCIK: Sallyport.
MR. YOVANOVICH: -- thank you -- sallyport drop-off actually benefits and works
for this process, and I'll let Scott get into that, because it is a more quiet and a more secure
drop-off of people who need the services than what currently exists today, and --
CHAIRMAN FRYER: You can provide that evidence if you want, but I think most
of the complaints I heard, and my concern, is not on entry but on discharge.
MR. YOVANOVICH: And I understand that, but there's going to be the very few
people that don't take the offer to get transportation to wherever they're going, and that's going
to be in whatever neighborhood you put them in.
CHAIRMAN FRYER: Well, I'm going to call on Commissioner Shea, who's been
waiting patiently.
COMMISSIONER SHEA: Yeah. I think the release is the issue. That's the same
point from what I hear with everybody. And I guess I don't agree with the fact that -- why
can't you make it part of the treatment that, unless you live in that neighborhood, you're going
to be transported someplace -- you know, you're transporting them out to wherever the
location is. You can say they have legal rights. If they want treatment, you can get them to
sign that release that you're going to drop them off someplace where they're -- they can be
taken care of, but not in the neighborhood. They need to -- unless they live in the
neighborhood, they should be dropped off someplace else. That just seems like a procedural
issue to me.
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MR. YOVANOVICH: To the extent we can do that, we will absolutely do that. My
guess is some of these people that are coming here can't sign a release because they're not
mentally capable of signing that release. That's why they're coming.
CHAIRMAN FRYER: Then they shouldn't be released.
MR. YOVANOVICH: That's not what you heard. He said they are --
CHAIRMAN FRYER: That's what you just said.
MR. YOVANOVICH: No. When's the release signed? Coming in or leaving?
The problem is, once you're there, you're coming in where you can't sign the release. So how
do you say to somebody, we're going to keep you prisoner until you sign the release? Is that
what you're suggesting?
COMMISSIONER SHEA: No. When they come in for treatment, do they sign
something?
MR. YOVANOVICH: Not the involuntary ones.
COMMISSIONER KLUCIK: Right, because they can't -- because they can't consent,
and then they're -- then they've been evaluated by the doctor, and we have all the
professionals say they're fine. And at that point, am I right, they can sign a consent because
they're mentally stable?
MR. YOVANOVICH: Mr. Klucik, what do I say to -- what do I do with the person
who says --
COMMISSIONER KLUCIK: No, just answer that question. So that person can
sign, right?
MR. YOVANOVICH: Okay. They can sign the release.
COMMISSIONER KLUCIK: Okay. So they can sign the release.
MR. YOVANOVICH: What do I do when they refuse?
COMMISSIONER KLUCIK: So then my question is, is it unlawful -- is it somehow
illegal for you to require at discharge for you to transport them somewhere else?
MR. BURGESS: It is not illegal so long as they're willing to allow such. And I
think it's important to bring into perspective the fact that most folks, the vast majority, have
pickups. They have people that are picking them up, and they are taking them wherever it is
that --
(Simultaneous crosstalk.)
CHAIRMAN FRYER: That's good, but we're not talking about the vast majority.
MR. BURGESS: The second --
CHAIRMAN FRYER: Please don't interrupt me, sir, when I'm trying to talk. Thank
you very much.
What we're focusing on is we're focusing on the minority, the other group of people
who have obviously done things that have been of concern to the community. Now, you can
say, well, we can't prove that these were David Lawrence people. We can't, but this evidence
has been introduced by people who are sworn -- this testimony is sworn and under oath. And
the only thing that I would want to hear that would cause me to discount what they're saying
is if the applicant could come back and offer evidence that this didn't happen. I don't think
you can. Can you?
MR. BURGESS: I'm just wanting to make sure that I can speak.
So what I would like to say is that you're talking about the minority of individuals, and
my next point was going to be, for those minority individuals, the vast majority of the
minority we do provide transportation to via Uber or we transport them through our staff.
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That is -- we're perfectly lawfully able to do that so long as an individual is willing to allow us
to do that.
So now the minority of the minority are the folks that we're talking about that say, I
don't want you to transport me. I don't want to take an Uber. I don't want to take a bus. I
want to walk. And it is illegal for us to falsely imprison them --
CHAIRMAN FRYER: Well, thank you for your legal opinion, sir. My concern,
though, is --
MR. YOVANOVICH: Mr. Chairman, that's not fair. That was not a fair statement,
Mr. Chairman.
CHAIRMAN FRYER: Believe me? What?
MR. YOVANOVICH: I just said it's not a fair statement.
CHAIRMAN FRYER: Well, thank you.
You're familiar with the situation where you go in for outpatient surgery. The facility
will not allow you to leave unless you have a ride home. That's the rules of the game. They
won't allow you to go. And it's similar -- my way of thinking it's similar because what you've
got here is a person who the medical decision makers are saying this person is alert and
oriented times three and, therefore, the decisions they make are going to be sensible decisions,
and you have someone who clearly doesn't live anywhere near the location in question and
says he wants to just walk home. That, on its face, raises questions as to the decision
whether he should be discharged.
COMMISSIONER KLUCIK: Yeah, raises anew, the fact that they're actually
capable of caring for themselves.
MR. BURGESS: So -- I want to make sure I can speak. Okay. So --
CHAIRMAN FRYER: You know, you're not going to get very far with that.
MR. BURGESS: I don't want to interrupt. I'm -- there's been hesitations before, and
I just don't want to have a rebuttal that I'm being inappropriate, disrespectful.
So the process that you described with a medical condition, which mental health and
mental illness is, you described a process with a medical condition whereby individuals are
able to sign against medical advice and walk out of that hospital at any time they want.
You can have a cardiac -- person with a cardiac condition, a person with an oncology
condition, you can have someone that had a gunshot wound that says in the emergency room,
I don't want to stay, I'm going to walk out those doors, and they're able to do that legally
under -- signing against medical advice.
CHAIRMAN FRYER: Well, I'm sure that organizations such as yours play it very
conservatively because they don't want to be sued, and so if someone puts up a fuss, you let
them go.
But my point is is that if you reach a situation where you've got someone who lives
nowhere near your facility, has no visible means of getting home and wants to walk, and let's
say he lives 10 miles away, that is not a rational decision, and that should cause the medical
professionals to reconsider their decision that this person is ready to go.
MR. BURGESS: I can guarantee that our treatment team, including our medical
doctors, one of which is our medical director that I've worked with for 25 years -- University
of Chicago. This is a very well-trained individual -- take their job seriously. They take their
commitment to their licensure seriously. They take their commitment to community safety
seriously. They vet every element that they think is pertinent and appropriate before
discharge.
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I heard a disparaging comment that we just discharge people if they run out of
insurance. Absolutely incorrect. No evidence of such. Introduced here today. No
evidence --
CHAIRMAN FRYER: I haven't heard anybody on the Planning Commission raise
that concern.
MR. BURGESS: No, but I'm just utilizing some of the logic that we've heard.
CHAIRMAN FRYER: Our concern is directly related to the experiences that these
witnesses have testified to, and I don't think you can gainsay that evidence. I don't think
you're in a position to say that didn't happen.
COMMISSIONER KLUCIK: Mr. Chairman, go ahead.
CHAIRMAN FRYER: Go ahead.
COMMISSIONER KLUCIK: And what I would say is, if someone tells the story
about what happened in their home, in their yard, and then they make a flippant comment
about what the David Lawrence Center's internal procedures are as -- you know, no one here
thinks that they were -- that they knew exactly what your internal procedures were.
So the idea that when they said that we took that as a statement under oath of a truthful
fact is kind of a stretch. So don't worry about it. I don't think anyone here thought that
when one of the people who lives near by accused the David Lawrence Center of just turning
people out because they don't care because you're just money grubbers, I don't think any of us
thought that that was statement under oath asserted for its truthfulness.
MR. BURGESS: Thank you.
CHAIRMAN FRYER: I think that's right.
Commissioner Shea.
COMMISSIONER SHEA: It's obvious it's getting late, and we're getting a little
touchy, too.
COMMISSIONER KLUCIK: I started out touchy.
COMMISSIONER SHEA: But I still -- well, you're the exception.
But we -- it's -- I would suggest you go back and try and really think about how you
can improve the process of release, because that's the easiest way to get a couple of us -- this
is a no-brainer except for that type of issue with the neighbors' concern. I mean, it's a
no-brainer project except for that, and that's what we're pushing back on. Can you guys put
your heads together and come back with something?
MR. YOVANOVICH: Let me make a suggestion. Why don't you impose a
condition -- I'm not saying we can agree to it. Why don't you impose a condition and vote on
the condition that we are to provide transportation to everybody who doesn't live in the
neighborhood.
CHAIRMAN FRYER: We're not going to do that.
MR. YOVANOVICH: Why not?
CHAIRMAN FRYER: Commissioner Schmitt.
MR. YOVANOVICH: Why not?
COMMISSIONER SCHMITT: Yeah, we faced the same problem when we were
dealing with the St. Matthew's House and the expansion of the St. Matthew's House. And,
frankly, I looked at the location, understand the area of St. Matthew's. I didn't really consider
it the problem that I'm hearing today.
I mean, this is really an issue of compatibility. Wonderful mission, but what I'm
hearing, this is really the wrong location. I just -- and I don't -- I can't recall what we did
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with St. Matthew's, because it was the same thing, but part of the St. Matthew's problem was
it was a magnet for people to come to because the perception there was -- they were going to
be fed, and we had no idea as to the guys that are hanging out in front of Home Depot were
really guys that were released from St. Matthew's House.
COMMISSIONER SHEA: Part of the problem was there was a food kitchen a few
doors down from St. Matthew's House --
(Simultaneous crosstalk.)
COMMISSIONER SHEA: -- and that's what they were living in the woods for was
so they could get there early.
CHAIRMAN FRYER: What we did in that case -- and I was outspoken about that
and thought that we had come to a good result, and it was Mr. Yovanovich's client, and we
had come to an understanding that there would be additional procedures --
COMMISSIONER SCHMITT: Correct.
CHAIRMAN FRYER: -- to be put in place to the point that I was able to vote for it,
and that's what I'm striving for here right now.
COMMISSIONER SCHMITT: I understand.
MR. YOVANOVICH: And that's why I'm suggesting that you impose the condition
that nobody can leave without transportation.
CHAIRMAN FRYER: No, no.
MR. YOVANOVICH: Why not?
CHAIRMAN FRYER: We're not going to play into that game.
MR. YOVANOVICH: Isn't that the issue? That's what you just said the issue was.
Nobody -- that people walking away.
CHAIRMAN FRYER: What I'm wanting to happen is that there -- that there be a
discussion with the neighbors to see if the David Lawrence Center can come up with
procedures with respect to release that we believe will considerably improve the protections
afforded to the neighbors for the discharged people and one that is within the limits of the
law. And obviously, they're going to still be outlier situations where, in the best legal
judgment, of your legal advisors, you're going to have to let this person go. But I do not
believe that your procedures currently take you to that very end point other than, perhaps, just
a distaste for the potential of litigation.
COMMISSIONER SCHMITT: And I would go one step further --
COMMISSIONER SHEA: Why can't you take them back to the same spot you
picked them up?
CHAIRMAN FRYER: Well -- or take them to the overnight place. I think that there
are a number of things that could be done. I'm not willing to vote on this tonight as long as I
think there's a reasonable chance that some kind of an accord can be reached the way it was in
St. Matthew's House to address legitimate concerns of these neighbors.
COMMISSIONER SCHMITT: I would go one step further. I absolutely -- there has
to be some communication between St. Lawrence [sic] and the community, and there hasn't
been. I don't want to -- if it's a once-a-month open house, if it's come and talk to me in the
office, I'm -- whatever it has to be but, obviously, the David Lawrence Center is oblivious to
some of these problems that have been expressed today from the community, and I really find
it troubling; I really do. It's a residential community.
And I have to believe what Robb said here in regards to the mental health of the
people who live there now are stressed because of what they're experiencing. I -- I can't
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validate any of these statements, but the fact is your facility has caused a significant problem
in this community, at least expressed today, and, frankly, this is -- this is an issue that the
Board of County Commissioners are going to have to deal with and decide. I mean, we all
can render a recommendation. I don't think it's going to go very well, but the fact is it's going
to be the Board of County Commissioners. They chose this position. They chose this site.
Are they going to tell the people out there that you're going to live with our decision we made
seven years ago? But --
CHAIRMAN FRYER: Well --
COMMISSIONER SCHMITT: Thank you.
CHAIRMAN FRYER: We still have jurisdiction of this matter, and we'll have it until
we vote up or down.
COMMISSIONER SCHMITT: All right.
CHAIRMAN FRYER: And -- what -- excuse me.
MR. BURGESS: I'm just wondering if I have an opportunity to express a point
related to the discussion.
CHAIRMAN FRYER: Go ahead. Go ahead.
MR. BURGESS: So I do hear what you're saying about the anecdotal evidence that
has been presented by some of the neighbors. I do think that the data that you're really
wanting to understand, the Sheriff's Office has reviewed that data and finds David Lawrence
Center, as they indicated under oath, that we present -- we are a good neighbor. We do not
present a risk that they are not seeing in other neighborhoods in our community, in our
county.
So I understand the discussion. I understand the sensitivity to taking these matters
very sensitively. But I think the data that has been testified to here this evening, this
afternoon, indicates that we are a good neighbor that has not put the community in any more
danger than anybody else in this community faces every day.
CHAIRMAN FRYER: Well, I disagree with you. I don't think that's what we heard
at all.
COMMISSIONER SHEA: Can we talk about the data? This happened at St.
Matthew's House, and we found that a lot of the events were just never documented. So this
data was not representative of what was going on, and I feel the same way here. So the data
that you're forwarding to me, I struggle with putting any value in it, because they don't -- I
mean, how can SWAT teams that are flying helicopters be overhead and people not know
about it? I mean, it's not reported anywheres.
COMMISSIONER KLUCIK: Mr. Chairman?
COMMISSIONER SCHMITT: There has to be a police ledger.
CHAIRMAN FRYER: Definitely. There definitely --
(Simultaneous crosstalk.)
COMMISSIONER SHEA: But this happened on St. Matthew's House. There was --
(Simultaneous crosstalk.)
CHAIRMAN FRYER: Go ahead, Lieutenant. Just a moment. Go ahead,
Lieutenant. What were you going to say?
LIEUTENANT WEIDENHAMMER: Commissioners, for the record, Leslie
Weidenhammer, lieutenant with the Collier County Sheriff's Office.
I was asked a very specific question today about escapes with no parameters, no time
parameters or anything else. I was not asked about other data and about helicopters, possible
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drugs in the area, possible -- lots of things. I was asked very specifically one question.
And let me just clarify, I answered based on zero parameters. And throughout, as far
as I know, the last year to two year, I have no document of anyone who has escaped from
David Lawrence Center.
CHAIRMAN FRYER: That's fair, and I'm glad you made that point.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Let me, if I may.
You're -- thank you for coming to the microphone and reminding us of that. And
you're absolutely right, a single discrete question was asked of you, and you answered it.
The problem is is it doesn't carry the applicant to where the applicant wants to go
evidence-wise. We need more data.
COMMISSIONER SHEA: What question should we ask you?
CHAIRMAN FRYER: Let's -- I want Commissioner Klucik to speak.
COMMISSIONER KLUCIK: No. I was just going to say that that is -- you know,
contrary to, you know, what I think you thought that gave us, it's very weak. It's one piece of
evidence on one very specific question that really -- pardon? She just told us it was one --
MR. BURGESS: That was -- that was one element, right? That's what she just
testified to. There are other data points, if you would wish to question her on that, or I think
somebody said, what are the questions we should ask about the data.
COMMISSIONER KLUCIK: Well, what's in evidence is the one thing that she just
talked about, and that doesn't get you very far.
CHAIRMAN FRYER: That's exactly --
COMMISSIONER KLUCIK: Nothing else is in evidence --
CHAIRMAN FRYER: That's right.
COMMISSIONER KLUCIK: -- regarding -- well, from the Sheriff.
MR. YOVANOVICH: And let's --
COMMISSIONER SCHMITT: I asked the question prior to hearing the public.
MR. YOVANOVICH: Look, everything I've heard is concern about people when
they leave, right? I've asked you to impose a condition on us that nobody can leave without
transportation to wherever they ought to be so they're not walking away.
CHAIRMAN FRYER: Would you accept that at the Board of County
Commissioners?
MR. YOVANOVICH: Well, I will let you impose it on us, and then we will
talk -- because you need to make a recommendation.
CHAIRMAN FRYER: Oh, thanks.
MR. YOVANOVICH: Make a recommendation that that will address the concern --
CHAIRMAN FRYER: Okay.
MR. YOVANOVICH: -- and then we'll --
CHAIRMAN FRYER: I'm going to make a recommendation right now.
MR. YOVANOVICH: Okay.
CHAIRMAN FRYER: I'm going to recommend that while this matter is still within
our jurisdiction, which it is, that we continue it with the request that the applicant go back
with representatives of the community and also collect some data from the Sheriff's Office
that deals directly with the issues that have been raised to attempt to prove to us that these
things haven't happened, and we will listen carefully to it and come back, and you can --
MR. YOVANOVICH: Could I have two minutes to talk to my client about whether
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we'll accept that condition or not?
CHAIRMAN FRYER: It's not a condition.
MR. YOVANOVICH: No, I'm going to --
CHAIRMAN FRYER: Oh, to the substantive condition?
MR. YOVANOVICH: Yeah, the substantive condition that I asked you to impose
upon us.
CHAIRMAN FRYER: Yeah, go ahead. Take two minutes; do it. In fact, we're
really overdue for a break. It's 4:56. Let's break till 5:00.
(A brief recess was had from 4:56 p.m. to 5:01 p.m.)
CHAIRMAN FRYER: Ladies and gentlemen, let's reconvene, please.
MR. YOVANOVICH: Are we ready? I'm sorry.
CHAIRMAN FRYER: We're ready.
MR. YOVANOVICH: I didn't hear.
Go ahead, Scott.
MR. BURGESS: Yeah. I want to relay that we are willing to make a 100 percent
commitment that we are going to offer and coordinate transportation for every person being
discharged.
CHAIRMAN FRYER: That's not enough for me.
COMMISSIONER KLUCIK: I think that's what you're already doing.
MR. YOVANOVICH: So -- we are. And --
CHAIRMAN FRYER: Let me tell you what I'm looking for; something along these
lines: Best reasonable efforts to prevent persons from being discharged unless they are
transported to a place of abode for the night.
MR. YOVANOVICH: Best reasonable efforts?
CHAIRMAN FRYER: Best reasonable efforts.
MR. YOVANOVICH: I can agree to that.
MR. BURGESS: Yep.
CHAIRMAN FRYER: Okay.
MR. BURGESS: Yes, sir.
CHAIRMAN FRYER: All right. What other concerns did the Planning
Commission have, and does that go far enough for --
COMMISSIONER SCHMITT: My other concern is they have to create some kind of
community forum --
MR. YOVANOVICH: We'll agree to meet --
COMMISSIONER SCHMITT: -- to hear issues from the residents both on the
current facility and, if approved, the proposed facility because somehow, whether you meet
with them --
MR. YOVANOVICH: We'll host a monthly meeting.
COMMISSIONER SCHMITT: -- in the evenings, or whatever forum you create, we
have to have something where you can -- these folks --
MR. YOVANOVICH: That's fine.
COMMISSIONER SCHMITT: And I don't mean that in a --
COMMISSIONER KLUCIK: Pejorative.
COMMISSIONER SCHMITT: -- pejorative sense, but the folks from the community
really need to express -- have a forum to express their concerns.
MR. YOVANOVICH: Let's agree that we'll have to do it monthly.
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COMMISSIONER SCHMITT: When I hear somebody say they don't even want to
go in their backyard because they're afraid -- yeah, I know, you take that, but you also say,
there's a problem.
MR. YOVANOVICH: I understand. And we'll agree. We're doing this with the St.
Matthew's House neighbor next door; we meet monthly. We'll provide them all the names of
the contact persons so they have 24-hour access to report something they're concerned about.
That's what we did for St. Matt's, tried and trued; let's do it here.
We'll do that, and we'll do what the Chairman -- we'll use his exact words as the
condition, and we request that you make those conditions, and we commit to meeting
monthly. We'll host them, or we'll go to them, whatever they want, meet monthly to hear
their concerns.
CHAIRMAN FRYER: All right. And in the event that -- despite your best
reasonable efforts to prevent someone from being discharged and they absolutely insist under
conditions that are patently unreasonable, such as they don't have a means of transportation
and they live 10 miles away, I would like you to commit to ask your medical director to
reconsider --
MR. YOVANOVICH: Sure.
CHAIRMAN FRYER: -- the decision on whether they are alert and oriented to self,
time, and place --
MR. YOVANOVICH: Absolutely.
CHAIRMAN FRYER: -- sufficiently to make that kind of a judgment.
MR. BURGESS: We are willing to commit to that.
COMMISSIONER KLUCIK: Well -- and is there also a way to alert the
neighborhood that that's about to happen?
MR. BURGESS: No.
COMMISSIONER SCHMITT: I don't know how you can do that.
MR. BURGESS: There's HIPAA violations that would prohibit us from being able to
disclose any information.
CHAIRMAN FRYER: Well, the HIPAA violations --
THE COURT REPORTER: I can only get one at a time.
CHAIRMAN FRYER: Yeah. The HIPAA would apply if you revealed personal
identification. If you just indicated that a person was about to be discharged, that wouldn't
necessarily violate HIPAA.
MR. YOVANOVICH: How about we commit to that once we get a legal opinion that
without providing the identity of the person, we can do that?
COMMISSIONER KLUCIK: Right. So maybe what we add in is that -- and when
that -- you know, when, despite the best reasonable effort someone will be discharged, they
will go through that last effort with a medical person to try to -- you know, try to maybe see if
the medical opinion has changed, but then, if that still doesn't, you know, seem to change the
circumstance and there will be a release, then -- if after seeking a medical -- or a legal opinion
that -- you know, that their legal advisor thinks that it's lawful -- that it would be lawful to do
that, not a HIPAA violation, that that would be a condition as well, to notify the community in
some meaningful way.
MR. YOVANOVICH: Sure. And as long as they give us their phone number that
we can --
COMMISSIONER KLUCIK: No. Yeah, I mean, there has to be -- the logistics of
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how that happens, yeah, that we can't --
MR. YOVANOVICH: We'll notify everybody who requests notification as long as
it's -- as long as we get the legal opinion that we can do it without -- as long as we're not
identifying the individual.
CHAIRMAN FRYER: Well, that -- you're going to -- you're going to get a legal
opinion to that effect if that's what you want.
MR. YOVANOVICH: I want to just make sure. I don't practice that law, Mr. Fryer,
so I don't want to commit malpractice.
CHAIRMAN FRYER: Well, I actually used to.
MR. YOVANOVICH: So am I okay? Are we giving -- we're -- are we okay?
CHAIRMAN FRYER: No, you're not okay.
MR. YOVANOVICH: We could do it without identifying a person?
CHAIRMAN FRYER: It's called directory information, and directory information is
in the form of statistics, anonymity, no way of tracing the information revealed --
MR. YOVANOVICH: Right.
CHAIRMAN FRYER: -- to whit: We're releasing someone. No information is
contained in that that would enable the recipient to know who that person was or where that
person lived or what race that person was or age or any other directory information.
MR. YOVANOVICH: So we would be okay if we wanted to do that?
CHAIRMAN FRYER: Yes, you would.
MR. YOVANOVICH: That's all I'm asking. I'm asking your expertise.
CHAIRMAN FRYER: Okay.
MR. YOVANOVICH: Thank you.
CHAIRMAN FRYER: May I have your billing address?
MR. YOVANOVICH: You can, 4001 Tamiami Trail North, Suite 300.
MS. BLOCH: Please don't rest this decision. You're asking the fox --
CHAIRMAN FRYER: Ma'am.
MS. BLOCH: -- to watch the henhouse.
CHAIRMAN FRYER: Ma'am, we've closed the public comment. We're trying to
do the best we can. And we've heard you, and we're going to try to structure something that
works.
MS. BLOCH: You're asking them to police themselves.
CHAIRMAN FRYER: Would you please approach the microphone.
MS. BLOCH: This one?
CHAIRMAN FRYER: Either one.
MR. YOVANOVICH: I'll move out of your way.
MS. BLOCH: Thank you. You're asking David Lawrence Center to watch David
Lawrence Center.
CHAIRMAN FRYER: I asked you to approach the microphone so I could ask you
some questions, if you don't mind. What would you recommend that we consider in order to
provide additional teeth in this because -- and when you think about your answer, please
consider it within this context. My personal view is that David Lawrence has a right to do
what they want to do where they want to do it. And I agree mostly with what Commissioner
Schmitt is saying, but I think when you get into collateral unlawful activity, it doesn't matter
where it is. It's not a place issue. It shouldn't happen. And so I'm looking for ways to
prevent collateral, unlawful activity, including trespass. And so I'm inviting you to suggest
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things to us that I haven't thought of or we haven't thought of yet.
MS. BLOCH: I really appreciate that you're asking these questions and that you're
considering this. It means a lot to us. I think we need time as a community to discuss it
with David Lawrence Center and come up with reasonable suggestions that they're willing to
take action on. At the last meeting for the public, I spoke with Scott Burgess, and I asked
him exactly this about transporting people as soon as they finish their med appointment or
being held in the treatment center, and Scott said they can't afford it; that there's no funding
for anything like that.
CHAIRMAN FRYER: That's my concern, too; that that would be where we go.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: I'm going to move that we table this until that
discussion can happen. And, you know, no one has to have the discussion, but urging the
applicant to go ahead -- or petitioner to go ahead and have that discussion, and instead of do
this on the fly --
CHAIRMAN FRYER: Would you accept a friendly amendment?
COMMISSIONER KLUCIK: Sure.
CHAIRMAN FRYER: Rather than table, that we continue it to a date-certain.
COMMISSIONER KLUCIK: Continue it to a date-certain.
CHAIRMAN FRYER: In the next meeting -- that's two weeks -- and ask the
applicant to meet with represent -- I'm going to have to -- let me finish, ma'am.
MS. HAYES: I have an answer to your question.
CHAIRMAN FRYER: Okay. Well, hang on. That we provided three points that at
least I personally believe come very close to a solution, but I may have overlooked something
that would be within the capability of the David Lawrence Center that it could do such as
monitoring the person as they leave and be sure that they have sufficiently left the
neighborhood. I mean, I'm just -- I'm winging it right now. But I would like for that
conversation to take place and for bullet points to come back to us. And we've
gotten -- we've given you three, and we make a decision at that time whether we think
that -- and we can't guarantee that we're going to accept what you come up with, but we'll
certainly give it our full consideration, and we'll try to find a way that's satisfactory to the
neighbors and also enables David Lawrence to do what we all agree is an important
community service.
Now, ma'am, you want to approach. Go ahead.
MS. HAYES: Just a really quick answer to your question.
CHAIRMAN FRYER: Go ahead.
MS. HAYES: To enable David Lawrence to do what they propose to do and to make
everybody happy here, it's simply a different location. And some of these things that you're
suggesting be put in place really would not solve the issue.
This piece of property, this parcel is carved into a residential neighborhood. It doesn't
just back up against it. We're all around it. The answer is to actually have this facility here
at the government center where it can be policed by the police. This is what the government
center does. You guys are all here. The facilities are here for this, and this is the place for
it.
And there are -- there are parcels within the government center; namely, the museum
at the government center is five acres. The parcel behind our home is five acres. And that
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was presented to me by someone actually that I've spoken to throughout this process. There
are other locations.
CHAIRMAN FRYER: Okay. I'm going to --
(Simultaneous crosstalk.)
CHAIRMAN FRYER: I appreciate your point of view. I don't happen to agree with
it. I think, based upon the planning, the Growth Management Plan, the districts and
subdistricts that were created for this area, the thing that we want to achieve, I believe -- what
I want to achieve is to attenuate to the fullest possible extent the unlawful activity that results
from discharges and not move it to another location, because there are residential
neighborhoods all over the county, and that's a NIMBY situation.
I think we all applaud what David Lawrence does. I just want to fix it so that -- so
that we can all walk out of here with a higher level of confidence that they will be responsible
and, by means of being responsible, they will attenuate some of the unlawful activity -- more
than some -- virtually all of the unlawful activity that's occurring. And so the motion has
been made --
MR. YOVANOVICH: Mr. Chairman, may I?
CHAIRMAN FRYER: Just a moment. Just a moment. The motion's been made.
Is there a second?
COMMISSIONER SCHMITT: The motion was for what?
CHAIRMAN FRYER: Continuance.
COMMISSIONER KLUCIK: To continue this matter --
CHAIRMAN FRYER: Yeah, to a date-certain for a meeting with the community.
COMMISSIONER KLUCIK: At our next meeting.
CHAIRMAN FRYER: Yeah.
MR. YOVANOVICH: Mr. Chairman, may I?
CHAIRMAN FRYER: Just a moment, please. Can we see if we have a second. Is
there a second?
(No response.)
CHAIRMAN FRYER: Okay. It fails for lack of second.
Go ahead, Mr. Yovanovich.
MR. YOVANOVICH: Mr. Chairman, I think we know that a meeting with the
neighbors is not going to result in a resolution. I think we've agreed to what we think are
very reasonable attenuation conditions. We request that you -- since we've agreed to those,
they be included, and we go ahead and forward this to the Board of County Commissioners
either with your recommendation of approval or recommendation of denial with those
conditions so that we can finally resolve this and put it -- we need to figure out where
this -- where this facility -- this very necessary facility's going to go.
COMMISSIONER SHEA: You know, it's interesting, because I think we all believe
that when the new facility's in there, the current problems that they're having will get a little
better. They won't get worse. But the problem is we're attacking problems on the current
site, and we're holding the future site hostage for those problems. And we're trying to create
a connection in the community so those problems can be worked through and solved. But it's
really dealing with the existing property, not the proposed property.
CHAIRMAN FRYER: All right. With all of that said, is someone else willing to
attempt a motion --
COMMISSIONER SHEA: Second.
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CHAIRMAN FRYER: -- that might gain a second?
Are you seconding --
COMMISSIONER SHEA: Oh, excuse me. Repeat it. I apologize.
CHAIRMAN FRYER: Commissioner Klucik.
COMMISSIONER KLUCIK: Oh, my motion is that we continue this matter and let
them bring it back to us with some suggestions on how it can be amended to alleviate and
mitigate the concerns that the residents have.
CHAIRMAN FRYER: To a date-certain, namely --
COMMISSIONER KLUCIK: To a date-certain, which would be the next meeting.
CHAIRMAN FRYER: -- to the next meeting. Okay. Are you seconding?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: All right. Any further discussion on that?
(No response.)
CHAIRMAN FRYER: All right. So this is -- this is a continuance to a date-certain
to provide for a conversation with the neighbors. We have given three bullet points that we
think are important. We want to hear bullet points that the neighbors have. We're not
promising to abide by what the neighbors come up with. And if this discussion fails, we
might simply go with these three. So the neighbors need to understand.
And with that, I hope that they will be reasonable and realize that you could -- you're
better off -- I think you're more likely to get a win-win situation if you can find a way of being
reasonable and coming to terms with the applicant over the next two weeks.
Anything further? Mr. Yovanovich, you want to say anything?
MR. YOVANOVICH: Yeah, I do. I think that what you've just heard from the
neighbors, with no disrespect, they're dug in. So I think we should just move to the Board of
County Commissioners, and we have the opportunity to talk between now and the Board of
County Commissioners. But right now I don't know what a continuance does when the
neighbors have just said they think it needs to be somewhere else.
CHAIRMAN FRYER: Well, one thing it does is we retain jurisdiction over this, and
I would like to -- I would like to consider it further in perhaps a cooler state of the blood for
all of us.
Commissioner Schmitt.
COMMISSIONER SCHMITT: Yeah. Here's the problem, the mental dilemma I'm
going through right now -- because all of the planning and the direction of the Board of
County Commissioners, they chose this site. Great mission, wonderful from the standpoint
of providing that service for the community, but I think the Board of County Commissioners
may have made these decisions in a vacuum.
And all due respect to Commissioner Solis, I think he did his best to try to keep the
community informed, but -- I don't know. We could vote on it today, but we have a motion
and a second, and I'm ready to support the motion --
CHAIRMAN FRYER: Okay.
COMMISSIONER SCHMITT: -- because I think it's -- there has to be something
done. I agree with you, though, that I don't believe you're going to get anything different
than what we just heard. And this is really going to be a fight that's -- it's going -- the folks in
the community are going to have to take this to the Board of County Commissioners because
that's where this started seven years ago or eight years ago when they chose to expand, and
they selected this site, and that's --
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MR. YOVANOVICH: And all we're asking, Commissioner, is let's just go to the
Board, because I don't know what a two-week continuance does when we know where we're
going to be. We're going to be going to the Board of County Commissioners for a decision.
That's my only --
COMMISSIONER SCHMITT: There's a motion and a second.
CHAIRMAN FRYER: There's a motion and a second. Any further discussion?
(No response.)
CHAIRMAN FRYER: All those in favor, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: (Abstains.)
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
See you in a couple weeks. Thank you.
And, Mr. Bosi, this will be the first matter on the agenda.
All right. We've got another matter to be heard. I'm really out of time. We also
were going to vote on officers this evening. I mean, if we could -- if there's a way we can do
that quickly, let's -- we can give that a try, or we can do that at the next meeting. It doesn't
matter to me.
COMMISSIONER SCHMITT: I would --
Go ahead.
COMMISSIONER VERNON: I'd move we adjourn at this point.
CHAIRMAN FRYER: Okay. Is there a second?
COMMISSIONER KLUCIK: I would just say I was hoping that we could at least
select the officers just -- since we don't have a vice chair and we don't have a secretary.
CHAIRMAN FRYER: Okay. Well, let's -- you're not withdrawing your motion?
COMMISSIONER VERNON: I mean, if everybody wants to do that, that's fine.
But I just don't -- I think everybody's tired. Everybody's a little cranky. I, personally, am a
little frustrated. So I'd like to defer on it. But if everybody else wants to vote on it, that's
fine.
CHAIRMAN FRYER: What do others think? I'm neutral on it. It doesn't matter to
me.
COMMISSIONER KLUCIK: I'd like to -- I'd like to do it tonight.
CHAIRMAN FRYER: Okay.
COMMISSIONER KLUCIK: I think we can do it in five minutes.
CHAIRMAN FRYER: Okay. Commissioner Schmitt, where are you on it?
COMMISSIONER SCHMITT: I'm fine. If it takes three minutes. I think all we're
going to vote on is two --
COMMISSIONER KLUCIK: Yeah. We just have secretary and vice chair, right?
CHAIRMAN FRYER: Yeah, Commissioner Sparrazza?
COMMISSIONER SPARRAZZA: I'm happy to stay.
COMMISSIONER SCHMITT: Two minutes.
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COMMISSIONER VERNON: You're going to be the Vice Chair.
CHAIRMAN FRYER: Better be careful what you wish for.
COMMISSIONER VERNON: I'll go ahead and make a motion if you want me to.
CHAIRMAN FRYER: Go right ahead.
COMMISSIONER VERNON: It's not -- we're not voting on the chair; is that
correct?
CHAIRMAN FRYER: Well, I mean, I'm up, too.
COMMISSIONER VERNON: Are you up, too?
CHAIRMAN FRYER: Oh, absolutely.
COMMISSIONER VERNON: Well, I would propose --
COMMISSIONER SCHMITT: I nominate Ned to continue as the Chair.
COMMISSIONER VERNON: I was going to propose a slate that includes that. I
second what Joe just said, and I would propose that the other two officers be Joe and Paul. I
would suggest Paul for vice chair just because I think he's, frankly, got a little bit more time.
I think you've done a fabulous job.
CHAIRMAN FRYER: Even after today?
COMMISSIONER VERNON: Well, I do disagree with some of your procedural
things today, but it was probably the first time.
You're just so well prepared. You do such a good job. And one of the things I think
the most important thing for the Chairman to do is to make sure everybody gets heard. And
whether you agree with other board members or not, you're very careful to make sure
everybody gets heard. And I think, in addition to your great preparation, I agree with Joe, I
think you should serve again.
I think Paul has certainly leaned into this, if you will, and he's gotten very involved in
affordable housing, which is a huge issue. I think he'd be a great vice chair.
I think Joe as secretary -- you know, if I don't know the answer, I look to Joe because I
know he's got so much institutional knowledge, and his approach to things and his experience,
you know, he could run this whole place. So that's what I would propose for a slate, and --
COMMISSIONER KLUCIK: Mr. Chairman?
COMMISSIONER VERNON: -- unless Randy wants to be vice chair.
COMMISSIONER KLUCIK: I was going to propose the same, too, but the opposite.
Joe as vice chair, and --
CHAIRMAN FRYER: Well, let's do it this way.
COMMISSIONER VERNON: Well, we did -- I did second Joe's motion to make you
Chair, if you want to just take care of that. I think we're all in favor of that.
CHAIRMAN FRYER: Whatever you wish.
Shall we do it that way?
COMMISSIONER SCHMITT: Yeah.
CHAIRMAN FRYER: Okay. All those in favor of reelecting the Chair to the
chairmanship, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
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CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: That passes unanimously. Thank you.
Now, the remaining slate -- personally, I think every one of you up here could do a
great job in any spot, and so I would be happy serving alongside anybody in any capacity.
Having said that, we've got, I guess, dueling points of view here as to the order. I think we've
got the right people, but maybe the order is in question. So should we have discussion on
that?
COMMISSIONER KLUCIK: Well, I can just explain, you know, my rationale is just
that --
THE COURT REPORTER: Your mic.
COMMISSIONER KLUCIK: I'm sorry -- that Joe has been -- you know, just been
around for so much of this, and procedurally as well as, you know, the background of so
many things. I think he kind of is like you in that he brings a lot of knowledge to the table
both as to how the meetings are run as well as the issues and the history. And so I think for
that reason I would favor that. And I think that, you know, maybe in two years, then we can
go ahead and promote the secretary to vice president [sic].
CHAIRMAN FRYER: What does that say about me?
COMMISSIONER VERNON: You're stuck.
COMMISSIONER KLUCIK: Oh, that's right. Uh-oh, did I just oust you?
CHAIRMAN FRYER: Yeah.
COMMISSIONER VERNON: You're stuck for two years. That's probably enough.
I just -- the only -- as I said -- I'm just repeating myself, but I just think that Paul's a
little bit more available for meetings. That's the distinction. I hold Paul and Joe in equally
high regard. So I think -- you know, I think it's important that those two be the officers, and I
would -- I would continue to politic for Paul, but...
CHAIRMAN FRYER: Okay. At the risk of putting someone on the spot, I'm going
to ask Commissioners Schmitt and Shea to say a word or two, their thoughts.
Commissioner Schmitt, do you want to start?
COMMISSIONER SCHMITT: Well, vice chair is nothing more than to replace the
Chair when the Chair is not here. It's, frankly, all that --
COMMISSIONER SHEA: Which is never.
COMMISSIONER SCHMITT: Which is never. So it's --
COMMISSIONER SHEA: That's why I want that job.
COMMISSIONER SCHMITT: So it's -- you know, it's whatever the Board decides.
Concerning my absences, I think I've missed maybe three meetings this entire year. I
know the previous meeting to this I announced that I was on travel again, but that was
canceled due to the hurricane, so -- and the next -- but I do have travel that I had planned, and
those meetings -- I make it known before those meetings I will not be here. But that said --
CHAIRMAN FRYER: I would have to say because, you know, I think there has
been some concern expressed about attendance, and years ago yours left a little bit to be
desired, but I think more recently your attendance has been pretty much like everybody else's.
So I'm --
COMMISSIONER SCHMITT: Yeah. I had duties overseas a lot when I was doing
work overseas, but I haven't done that kind of work in probably almost a year.
CHAIRMAN FRYER: Commissioner Shea, would you say a word.
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COMMISSIONER SHEA: I'm okay either way. I mean, obviously -- I'm just fine
either way. I do think that I have a more open schedule because I'm retired, but I don't know
how important that is. Joe certainly brings tons more knowledge, but that knowledge and my
attendance are going to happen regardless of which position we're in, so...
So it's really up to you other gentlemen how you want to do this.
CHAIRMAN FRYER: Flip a coin? Kind of an inane way of doing it, but maybe
it --
COMMISSIONER SHEA: Well, from a -- if you look at from a -- I mean, a
succession plan point -- point of view, Joe's the logical guy to do it. The knowledge and the
time here at the Planning Commission, his sole role as vice chair would be to take your seat.
He's been at a lot of meetings, and he understands how that works, probably a lot better than
me. I've only been here a little over a year.
CHAIRMAN FRYER: Well, that sounds a little bit like a concession.
COMMISSIONER SHEA: Well, I'm just telling you what I think. If you want me
to do it, I'll do it.
CHAIRMAN FRYER: All right. Well --
COMMISSIONER KLUCIK: The problem is we love you, Paul, and we love you,
Joe.
CHAIRMAN FRYER: Yeah, we do.
COMMISSIONER SHEA: I know. I don't think you're going to upset Joe or I either
way.
COMMISSIONER VERNON: We've got to flip a coin or take a vote.
COMMISSIONER SCHMITT: Take a vote.
COMMISSIONER SHEA: So Joe and I can't vote, right?
CHAIRMAN FRYER: No, you can vote. Of course you can.
COMMISSIONER KLUCIK: All right. So I move that Joe be the -- I'll nominate
Joe as the vice chair; Paul as the secretary.
CHAIRMAN FRYER: Okay. Is there a second? Well, wait a minute. There
doesn't have to be seconds in nominations. Never mind.
All right. Any further nominations?
COMMISSIONER VERNON: I'll nominate Paul as vice chair and Joe as second.
CHAIRMAN FRYER: Okay. All right. Since --
COMMISSIONER VERNON: Randy?
COMMISSIONER SHEA: I have a coin if you want.
COMMISSIONER SPARRAZZA: I've been here eight hours.
COMMISSIONER VERNON: That's why I wanted to postpone this.
CHAIRMAN FRYER: We're going to offload this to you, Randy.
COMMISSIONER SPARRAZZA: My pleasure.
CHAIRMAN FRYER: Yeah. All right. So it seems like it's a consensus of the
Planning Commission that we have a vote, not flip a coin. And the first motion was that
made by Commissioner Klucik, so that should be voted upon first.
And I must say I'd be delighted to have the two gentlemen in question be officers in
either order, but I think -- I think Commissioner Shea made a point that should be thought
about seriously with respect to Commissioner Schmitt's longtime experience. And so I think,
under those circumstances, I'm going to be inclined to vote for Commissioner Schmitt as vice
chairman.
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Having said that, does anybody else want to make a comment or a statement?
COMMISSIONER VERNON: Well, as much as Randy seems like a great guy, since
it's his first meeting, I don't want to really put him in control of the whole thing, so I'm going
to support Robb's motion for Joe to be vice chair and for Paul to be secretary.
CHAIRMAN FRYER: All right. Any further discussion?
(No response.)
CHAIRMAN FRYER: All those in favor of that order, Joe as vice chair and Paul as
secretary, please say aye.
COMMISSIONER SHEA: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER SPARRAZZA: Aye.
COMMISSIONER VERNON: Aye.
COMMISSIONER SCHMITT: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
COMMISSIONER SCHMITT: I'll gladly accept because it's not a job.
CHAIRMAN FRYER: I just --
COMMISSIONER VERNON: Well, the secretary's not really a brutal job.
CHAIRMAN FRYER: Before we adjourn, which is going to happen very damn
quickly, I want to say extreme thanks to my fellow members of the Planning Commission.
You are all excellent, excellent people to serve with. I am truly honored. I see my job as
your chairman as being two things: First of all, a gatekeeper, which it just comes with the
territory but, second, really as your servant, because that's -- you know, my job is to be sure
that your voice is given full effect. And even though sometimes applicants don't like to be
interrupted, the fact of the matter is is that it's our prerogative, because it's a quasi-judicial
body, and judges reserve that prerogative to themselves.
So having said all that, I'm honored to continue serving for you as your chairman.
And is there any further business to come before the --
COMMISSIONER SCHMITT: I just want to thank you for your service and look
forward to, again, your due diligence as you beat staff up before coming here.
CHAIRMAN FRYER: Thank you.
And, Randy, we'll find another seat for you, and we'll put Joe here and Paul here.
COMMISSIONER VERNON: Oh, I'm getting the boot, too.
COMMISSIONER KLUCIK: I just think you should franchise your chairmanship
because you are so good at it.
CHAIRMAN FRYER: Well, thank you very much.
Without objection, we're adjourned.
*******
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There being no further business for the good of the County, the meeting was adjourned by order of
the Chair at 5:28 p.m.
COLLIER COUNTY PLANNING COMMISSION
_____________________________________
EDWIN FRYER, CHAIRMAN
These minutes approved by the Board on _________, as presented _______ or as corrected _______.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L.
LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC.
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11/17/2022
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.1
Doc ID: 23803
Item Summary: *** This Item was Continued from the 10/6/2022 CCPC Meeting to the 10/20/2022 CCPC
Meeting, further continued to the 11/3/2022 CCPC Meeting and has now been continued to the 11/17/2022 CCPC
Meeting*** PL20220002807 - Growth Management Plan Amendment (GMPA) - Collier County Behavioral
Health Center 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 Urban Golden Gate Estates Sub-Element of the Golden Gate
Area Master Plan Element to allow planned unit development rezoning and certain preservation requirements in the
Golden Gate Parkway Institutional Subdistrict, an aggregate of 16.3± acres located on the north side of Golden
Gate Parkway approximately ½ mile west of Santa Barbara Boulevard in Section 29, Township 49 South, Range 26
East, Collier County, Florida; 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
Item PL20220002221] [Coordinator: Parker Klopf, Senior Planner]
Meeting Date: 11/17/2022
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
11/01/2022 3:59 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/01/2022 3:59 PM
Approved By:
Review:
Planning Commission Diane Lynch Review item Skipped 11/01/2022 3:59 PM
Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped
11/01/2022 3:59 PM
Zoning Diane Lynch Review Item Skipped 11/01/2022 3:59 PM
Zoning Diane Lynch Review Item Skipped 11/01/2022 3:59 PM
Zoning Diane Lynch Division Director Skipped 11/01/2022 3:59 PM
Growth Management Department Diane Lynch GMD Deputy Dept Head Skipped 11/01/2022 3:59 PM
Planning Commission Ray Bellows Meeting Pending 11/17/2022 9:00 AM
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1
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: OCTOBER 6, 2022
SUBJECT: PL20220002807 GROWTH MANAGEMENT PLAN AMENDMENT GMPA;
GOLDEN GATE PARKWAY INSTITUTIONAL SUBDISTRICT (ADOPTION
HEARING)
COMPANION TO: PL2022000221 COMMUNITY FACILITY PLANNED
UNIT DEVELOPMENT (CFPUD) COLLIER COUNTY BEHAVIORAL
HEALTH CENTER
ELEMENTS: GOLDEN GATE AREA MASTER PLAN - URBAN GOLDEN GATE
ESTATES SUB-ELEMENT
AGENT/APPLICANT:
Agent: Jessica Harrelson, AICP
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Contract Purchaser: Collier County
3301 Tamiami Trail E.
Naples, FL 34112
Owner: David Lawrence Mental Health Center
6075 Bathey Lane
Naples, FL 34116
GEOGRAPHIC
LOCATION:
The subject property
comprises ±5.15-acres and
is located north of Golden
Gate Parkway, ±0.5- miles
west of Santa Barbara
Boulevard, and ±0.5 miles
east of I-75 in Section 29,
Township 49 South, Range
26 East (Urban Golden
Gate Estates).
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REQUESTED ACTION:
The County proposes a small-scale Growth Management Plan Amendment to the Urban Estates
Sub Element of the Golden Gate Area Master Plan (GGAMP) and Urban Golden Gate Areawide
Future Land Use Map (FLUM) specifically to amend the Golden Gate Parkway Institutional
Subdistrict to allow the uses already permitted in the subdistrict and permitted uses through the
Planned Unit Development (PUD) rezone process. The applicant also seeks to amend the
Conservation and Coastal Management Element of the Collier County Growth Management Plan
to reduce the required retention of native vegetation.
The petitioner’s proposed GMP Amendment is attached as Exhibit “A”.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant seeks a GMPA and PUD rezone to allow greater flexibility by allowing permitted
uses through the PUD rezone process that already is permitted at the site through a Conditional
Use provision. The applicant seeks land uses related to the operation of the David Lawrence
Center. In short, the applicant would eliminate the need for future Conditional Use approvals.
Additionally, the applicant seeks to amend the Conservation and Coastal Management Element
to reduce the preservation requirement for retention of native vegetation from 15% to 10%. The
property is currently encumbered by a 50’ platted right-of-way easement and an additional 33’
right-of-way, utility, and drainage easement. The Environmental Section supports the request.
EXISTING CONDITIONS:
Subject Property: The subject property is designated as part of the Golden Gate Parkway
Institutional Subdistrict, the intent of the subdistrict is to provide for the continued operation of
existing uses, and the development and redevelopment of institutional and related uses. The
property is zoned Estates (E). Furthermore, the lot is currently undeveloped and wooded.
Surrounding Lands:
North: Future Land Use Designation; Residential Estates Subdistrict. Zoned; Estates (E). Land
Use; Single Family Residential.
East: Future Land Use Designation; Residential Estates Subdistrict. Zoned; Estates (E). Land
Use; Single Family Residential.
South: Future Land Use Designation; Residential Estates Subdistrict. Zoned; Estates (E). Land
Use; Single Family Residential.
West: Future Land Use Designation; Residential Estates Subdistrict. Zoned; Estates (E). Land
Use; Single Family Residential.
In summary, the existing and planned land uses in the larger surrounding area are primarily low-
density single-family residences.
BACKGROUND AND ANALYSIS:
The existing David Lawrence Center facility was established through the Provisional use Process,
an older version of the current conditional use process, in 1977 (PU-77-5C) and has been an
integral part of the area. The subject site was first included in the Golden Gate Parkway
Institutional subdistrict in 2007. This subdistrict pre-dated the adoption of the Golden Gate Area
Master Plan in 2019. Non-residential development is allowed in the Golden Gate Parkway
Institutional Subdistrict subject to Conditional Use approval. The Golden Gate Parkway
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Institutional Subdistrict allows for Neighborhood churches and other places of worship, Group
Care Facilities, Nursing homes, and assisted living facilities associated with the David Lawrence
Center, essential services as set forth in Section 2.01.03 of the Collier County Land Development
Code (LDC), Private Schools associated with the David Lawrence Center or Parkway Community
Church of God, Day Care centers associated with the David Lawrence Center or Parkway
Community Church of God, and Medical offices associated with the David Lawrence Center
through conditional use (CU) approval.
The Applicant, Collier County, is formally requesting a Small-Scale Growth Management Plan
Amendment, consisting of a site-specific text amendment to the Golden Gate Parkway
Institutional Subdistrict, to also allow the above-listed land uses through the planned unit
development rezone process. The ability to rezone the subject property to a PUD will allow greater
flexibility in the design of the site, which will maximize the development’s purpose, “to serve
persons experiencing an acute mental health or substance use crisis.”
The Collier County Mental Illness and Addiction Advisory Committee was established by the
Board in 2018, and over the course of a year, the committee met, gathered information, and
developed the 5-year strategic plan. The plan outlines priorities within our community and ranked
the number one priority as building and operating a Central Receiving Facility.
The GMPA request is consistent with the Mental Health and Addiction Services 5-Year Strategic
Plan, developed by the Collier County Mental Illness and Addiction Ad Hoc Advisory Committee
and adopted by the Board of County Commissioners in December 2019.
A Board-directed site feasibility study was conducted in 2020, which assessed the potential of
locating the proposed facility at five (5) different locations, and on February 23, 2021, the Board
selected the subject site as being the most appropriate. The proximity to the existing David
Lawrence Center will allow synergy and cohesion between the two properties, allowing operations
to run more efficiently. The proximity to Interstate-75 is efficient for EMS and the Collier County
Sherriff’s Office.
The construction of this facility is a Board approved ‘Community Priority Project’, being
constructed by Collier County with funds from the infrastructure sales surtax. Through an
agreement between Collier County and the David Lawrence Center (DLC), the land is being
granted to Collier County by DLC. Collier County will construct the facility, and DLC will lease
and operate the facility.
The proposed changes to the subdistrict will not change, add, or remove any uses already
permitted through the Conditional Use process but instead allows the same uses through a
Planned Unit Development Rezone (PUDZ) process.
The properties surrounding the subject property already include the main David Lawrence Center
Facility, churches, and single-family residential. Compatibility can be more specifically addressed
with the zoning petition and may include building height and size limitations, setback, and buffer
requirements.
The Comprehensive Planning Staff support the Amendment to this subdistrict.
CRITERIA FOR GMP AMENDMENTS PER 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:
(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
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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
professionally acceptable methodology. The plan must be based on at least the minimum
amount of land required to accommodate the medium projections 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.
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.
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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.
The petitioner must provide appropriate and relevant data and analysis to address the statutory
requirements for a Plan Amendment. For this petition, the findings of the Collier County Mental
Illness and Addiction Advisory Committee are applicable.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
The applicant conducted a NIM on July 26, 2022, at the Golden Gate Community Center, located
at 4701 Golden Gate Parkway in Naples. The meeting commenced at approximately 5:30 p.m.
and ended at 6:50 p.m. The applicant’s agent explained the request for the proposed rezone and
the companion small-scale Growth Management Plan Amendment.
Jessica Harrelson, the agent, gave a PowerPoint presentation about the proposed Collier County
Behavioral Health Center. She said the BCC had deemed this location as the most appropriate
for this center. The meeting was opened up to the attendees and had the following concerns:
buffers, impacts on Golden Gate Parkway during construction, protection from church property,
compatibility issues regarding landscape buffers and visibility from the building into the neighbors'
properties, negative impacts on surrounding property values, security issues, drug paraphernalia,
helicopter landing, Baker Act relating to the David Lawrence Center, screaming people, noise,
potential access routes, differences between the old and new properties, patients walking onto
the residential properties after they are released, traffic and U-turns off Painted Leaf Road, and
access between neighboring properties. It should be noted that many NIM attendees are opposed
to this project. Jessica Harrelson then explained the hearing process and reiterated that at a BCC
meeting during the site selection process the BCC had preferred this site and Collier County will
own and maintain the property. There were commitments concerning enhanced landscape
buffering and windows at the proposed facility. It should be noted that these commitments were
incorporated into the PUD document in Sections 6 and 7 of the Developer Commitments. The
NIM summary, PowerPoint presentation, and sign-in sheet are included in the CCPC backup
materials.
FINDINGS AND CONCLUSIONS:
• The reason for this GMPA and companion PUDA zoning petition is to allow for the
expansion of the David Lawrence Center Mental Health and Substance abuse
treatment facility
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• There are no adverse environmental impacts as a result of this petition.
• No historical or archaeological sites are affected by this amendment.
• There are no utility-related concerns as a result of this petition.
• There are no concerns about impacts on other public infrastructure.
• There are no transportation concerns as a result of this petition.
Environmental Findings:
The subject property is 5.15 acres. The acreage of native vegetation on-site was field
verified by staff during the review of the Planned Unit Development (PUD) for the project.
The property is currently Zoned Estates (E) and will become known as the Golden Gate
Parkway Institutional Subdistrict in the Future Land Use Element of the Growth
Management Plan.
The proposed GMP amendment requests a reduction of the preservation requirement in
the GMP's Conservation and Coastal Management Element (CCME). The current
preservation requirement is 15%; the applicant proposes retaining 10% of the native
vegetation on-site.
This project does require Environmental Advisory Council (EAC) review, as this project
did meet the EAC scope of land development project reviews as identified in Section 2-
1193 of the Collier County Code of Laws and Ordinances. Specifically, the project
requests to reduce the preservation requirements from 15% to 10%. Environmental
Services staff recommends approval of the proposed petition.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney’s Office on September 12, 2022. The
criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and
163.3177(6)(a)2, Florida Statutes. The criteria for changes to the Future Land Use Map are in
Section 163.3177(6)(a)8, Florida Statutes [DDP]
STAFF RECOMMENDATION:
Staff recommends the Collier County Planning Commission and the Environmental Advisory
Council forward petition PL20220002807 Golden Gate Parkway Community Facility Subdistrict
GMPA to the Board of County Commissioners with a recommendation to approve and adopt and
transmit to the Florida Department of Economic Opportunity and other statutorily required
agencies.
NOTE: This petition has been tentatively scheduled for the November 8, 2022, BCC meeting.
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APPLICATION NUMBER: PL20220002807 DATE RECEIVED: ______________________________
PRE-APPLICATION CONFERENCE DATE: The pre-application meeting was waived, in recognition of the
meting held with the County Manager’s Office on March 2, 2022.
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 239-252-
2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104.
The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing
deadline. 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 12-234. If you have any questions, please contact the Comprehensive
Planning Section at 239-252-2400.
SUBMISSION REQUIREMENTS
I. GENERAL INFOMRATION
A. Name of Applicant: Amy Patterson, Interim County Manager (Collier County Project Manager:
Claudia Roncoroni, Facilities Management Division, Collier County)
Company: Collier County, a Political Subdivision of the State of Florida__________________
Address: 3335 Tamiami Trail East
City: Naples State: Florida Zip Code: 34112
Phone Number: 239.877.8274 Fax Number: N/A
Email Address: Claudia.Roncoroni@colliercountyfl.gov
B. Name of Agent* Jessica Harrelson, AICP
x THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION.
Company: Peninsula Engineering
Address: 2600 Golden Gate Parkway
City: Naples State: Florida Zip Code: 34105
Phone Number: 239.403.6751 Fax Number: N/A
Email Address: jharrelson@pen-eng.com
C. Name of Owner (s) of Record: David Lawrence Mental Health Center, Inc.
See Exhibit ‘I.C’ -Warranty Deeds/Lease Agreement
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D. Name, Company, Address and Qualifications of all consultants and other professionals providing
information contained in this application, as well as Qualifications of the Agent identified above.
See Exhibit I.D.1-Consultant Team
II. Disclosure of Interest Information: See Exhibit ‘II’ – Property Ownership Disclosure Form
A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the percentage
of such interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
N/A______________________________________ _________________________
B. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address Percentage of Stock
David Lawrence Mental Health Center, Inc.
A Florida Not-for-Profit Corporation 100%
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
N/A______________________________________ _________________________
D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners.
Name and Address Percentage of Ownership
N/A______________________________________ _________________________
E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners.
Name and Address Percentage of Ownership
N/A
Date of Contract(s): N/A
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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
N/A
G. Date subject property acquired 1/28/2021
indicate date of option: ______________ and date option terminates: ______________, or
anticipated closing: .
NOTE:
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. Acknowledged.
III. DESCRIPTION OF PROPERTY:
A. PARCEL I.D. NUMBERS: 38165640005 \
B. LEGAL DESCRIPTION: See Exhibit ‘III.B’ – Boundary Survey
C. GENERAL LOCATION: Tract 66, Golden Gate Estates Unit 30
D. SECTION: 29 TOWNSHIP: 49 SOUTH RANGE: 26 EAST
E. PLANNING COMMUNITY: Urban Estates
F. TAZ: 2369
G. SIZE IN ACRES: 5.15-acres
H. ZONING: Estates (E)
I. FUTURE LAND USE MAP DESIGNATION: Estates Mixed Use District, Golden Gate Parkway
Institutional Subdistrict
See Exhibit ‘V.B’- Future Land Use Map
J. SURROUNDING LAND USE PATTERN: See Exhibit ‘V.B’- Future Land Use Map
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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
__ __ Future Land Use Element __X___ Golden Gate Master Plan-Urban Golden
______ Immokalee Master Plan Gate Estates Sub-Element
B. AMEND PAGE (S): 14 OF THE: Urban Golden Gate Estates Sub-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:
See Exhibit ‘IV.B’- Proposed Subdistrict Text
C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM N/A (TEXT AMENDMENT ONLY) See Exhibit
IV.C for the existing Subdistrict Map
D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #)
_N/A____________________________________________________________________________
E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A
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
See Exhibit V.A. Provide general location map showing surrounding developments (PUD,
DRI’s, existing zoning) with subject property outlined.
See Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and
date.
See Exhibit V.A. Provide a map and summary table of existing land use and zoning within
a radius of 300 feet from boundaries of subject property.
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B. FUTURE LAND USE AND DESIGNATION
See Exhibit V.B 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
See Exhibit V.C 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 Exhibit V.C 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 , 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:
N Is the proposed amendment located in an Area of Critical State
Concern? (Reference , F.A.C.). IF so, identify area
located in ACSC.
N Is the proposed amendment directly related to a proposed
Development of Regional Impact pursuant to Chapter 380 F.S.?
(Reference , F.A.C.)
N Is the proposed amendment directly related to a proposed Small Scale
Development Activity pursuant to Subsection 163.3187 (1)(c), F.S.?
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 proposed amendment.
N 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 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 , F.A.C.)
See Exhibit V.D.1- Project Narrative, Consistency & Compliance and See Exhibit V.D.2-5-Year Strategic
Plan for the ‘Needs Analysis’
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E. PUBLIC FACILITIES
1. Provide the existing Level of Service Standard (LOS) and document the
impact the proposed change will have on the following public facilities:
See Exhibit V.E.1- Level of Service Analysis Potable Water
See Exhibit V.E.1- Level of Service Analysis Sanitary Sewer
See Exhibit V.E.2-Traffic Impact Statement Arterial & Collector Roads; Name specific road & LOS
See Exhibit V.E.1- Level of Service Analysis Drainage
See Exhibit V.E.1- Level of Service Analysis Solid Waste
See Exhibit V.E.1- Level of Service Analysis 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. See Exhibit V.E.3- Public Services Map 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. See Exhibit V.E.1- Level of Service Analysis 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:
See Exhibit ‘F.1’- FIRM Map Flood zone based on Flood Insurance Rate Map data (FIRM).
N/A Location of wellfields and cones of influence, if applicable. (Identified on Collier County
Zoning Maps)
N/A Coastal High Hazard Area, if applicable
N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if
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)
__X___ Proof of ownership (copy of deed)
__X___ Notarized Letter of Authorization if Agent is not the Owner (See attached form)
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Collier County Behavioral Health Center SSGMPA
GMPA-PL20220002807
June 21, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
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COLLIER COUNTY BEHAVIORAL HEALTH CENTER
SMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT
NARRATIVE, CONSISTENCY & GMP COMPLIANCE
EXHIBIT V.D.1
The subject property is located north of Golden Gate Parkway, ±0.5-acres west of Santa Barbara Boulevard and ±0.5-
acres eastof I-75 in Section 29, Township 49 and range 26 and is comprised of 5.15-acres. The current owner of the
property is David Lawrence Mental Health Center, Inc. (DLC). Upon completion of the zoning entitlements, the land
will be conveyed to Collier County.
The site is zoned Estates and is designated within the Urban Estates-Estates Mixed Use District, Golden Gate Parkway
Institutional Subdistrict, per the Golden Gate Area Master Plan. The Golden Gate Parkway Institutional Subdistrict
consists of 16.3-acres, which also includes the existing Parkway Life Church and David Lawrence Center properties,
both located west of the subject site. The Subdistrict permits various institutional uses, including Group Care
Facilities (Categories I and II), via the conditional use process.
Estates zoning surrounds the subject property, with single-family residential development abutting the site to the
north and east, an existing church is developed along the west, and Golden Gate Parkway, a 100’ public right-of-way,
borders the site to the south with single-family residential and non-residential uses beyond.
Considering surrounding land use patterns, several conditional uses/provisional uses have been approved for non-
residential uses within the vicinity of the project.
Details of Request
The existing Golden Gate Parkway Institutional Subdistrict includes four (4) parcels and is comprised of 16.3-acres.
The purpose of the Subdistrict is to provide for the continued operation of existing uses and the
development/redevelopment of institutional and related uses. The following institutional uses are currently
permitted through the conditional use process:
a. Neighborhood churches and other places of worship.
b. Group care facilities (Categories I and II)
c. Nursing homes and assisted living facilities associated with the David Lawrence Center.
d. Essential services as set forth in Section 2.01.03 of the Collier County Land Development Code, Ordinance
No. 04-41, as amended.
e. Private schools associated with the David Lawrence Center or Parkway Community Church of God, for Tracts
43, 50 and 59 only.
f. Day care centers associated with the David Lawrence Center or Parkway Community Church of God.
g. Medical offices associated with the David Lawrence Center.
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GMPA-PL20220002807
June 21, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
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The Applicant, Collier County,is formally requesting a Small-Scale Growth Management Plan Amendment, consisting
ofa site-specific text amendment to the Golden Gate Parkway Institutional Subdistrict,to also allow the above listed
land uses through the planned unit development rezone process. The ability to rezone the subject property to a
PUD will allow greater flexibility in the design of the site, which will maximize the development’s purpose, “to serve
persons experiencing an acute mental health or substance use crisis.”
Such request is consistent with the Mental Health and Addiction Services 5-Year Strategic Plan, developed by the
Collier County Mental Illness and Addiction Ad Hoc Advisory Committee and adopted by the Board of County
Commissioners in December of 2019.
The Collier County Mental Illness and Addiction Advisory Committee was established by the Board in 2018, and
over the course of a year, the committee met, gathered information, and developed the 5-year strategic plan.
The plan outlines prioritieswithin our community and ranked the number one priority as building and operating
a Central Receiving Facility.
A Board-directed site feasibility study was conducted in 2020, which assessed the potential of locating the
proposed facility at five (5) different locations, and on February 23, 2021, the Board selected the subject site as
being the most appropriate. The proximity to the existing David Lawrence Center will allow synergy and
cohesion between the two properties, allowing operations to run more efficiently. The closeness of Interstate
75 is also a great advantage to EMS and the Collier County Sherriff’s Office.
The construction of this facility is a Board approved ‘Community Priority Project’, being constructed by Collier
County with funds from the infrastructure sales surtax. Through an agreement between Collier County and the
David Lawrence Center (DLC), the land is being granted to Collier County by DLC, Collier County will construct
the facility, and DLC will lease and operate the facility.
Per the Conservation and Coastal Management Element of the Collier County Growth Management Plan, the
proposed development consisting of 5.15-acres and being outside of the Coastal High-Hazard Area, is required to
retain 15% native vegetation on-site. Although, an exception from the vegetation retention standards may be
granted for right-of-way acquisitions by any governmental entity. The property is encumbered by a 50’ platted right-
of-way easement and an additional 33’ right-of-way, utility and drainage easement, equating to ±0.63-acres. The
removal of the easement areas from the property would require the development to retain 10% native vegetation.
Therefore, text has also been added to the Subdistrict language requiring the development, which serves a public
purpose, to preserve 10% native vegetation on-site.
A PUD Rezone, requesting to rezone the subject property from Estates to the Collier County Behavioral Health
Center Community Facilities PUD has been submitted as a companion item.
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Consistency with Florida Statutes 163.3177(6)(a)(2)- Required and Optional Elements of a Comprehensive Plan
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.
Response: The subject 5.15-acre property, as well as the Golden Gate Parkway Institutional Subdistrict, can
accommodate growth/expansions.
b. The projected permanent and seasonal population of the area.
Response: This project does not create include residential development, nor increase population within the
County. The proposed project serves a public purpose, providing a critical need within the community.
c. The character of undeveloped land.
Response: Properties within the surrounding area are developed with residential and non-residential land
uses.
d. The availability of water supplies, public facilities, and services.
Response: Collier County Public Utilities will service the site. Additional public facilities, services and
infrastructure are available to accommodate the project. Please refer to the Level of Service Analysis, Public
Facilities Map and Traffic Impact Statement.
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.
Response: There are no blighted areas or non-conforming uses.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
Response: The site is not near or close to any 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.
Response: The site is not near or close to any airports.
h. The discouragement of urban sprawl.
Response: The proposed development is within an established, developed area of Collier County. The project
does not contribute to urban sprawl.
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i. The need for job creation, capital investment, and economic development that will strengthen and diversify the
community’s economy.
Response: The proposed development will create limited jobs within the County.
j. The need to modify land uses and development patterns within antiquated subdivisions.
Response: The proposed use is consistent with surrounding development patterns.
Section 163.3187(1) – Process for Adoption of Small-Scale Comprehensive Plan Amendment
1. A small-scale development amendment may be adopted under the following conditions:
a. The proposed amendment involves a use of 50 acres or fewer and:
Response: The proposed developed involves less than 50-acres.
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 developmentactivity. 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.
Response: The proposed amendment does not involve text amendment to the goals, policies and
objectives of the Collier County Growth Management Plan. The amendment proposes a text amendment
only, to the Golden Gate Parkway Institutional Subdistrict of the Urban Estates Sub-Element of the Golden
Gate Area Master Plan.
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 meeting 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).
Response: The subject property is located outside of the Area of Critical State Concern.
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June 21, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
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Consistency with the Collier County Growth Management Plan
Future Land Use Element
Policy 5.6:
New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in
the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as
amended).
Response: The Collier County Behavioral Health Center CFPUD has been designed to be compatible with
surrounding land uses. The development standards, outlined in Exhibit B of the PUD, provide setbacks and
building heights that are compatible with surrounding zoning/land uses. The preserve has been strategically
located to serve as an additional buffer to residential development to the north, a deviation has been
requested allowing to increase the permitted maximum wall height from 8’ up to 10’ which will mitigate noise,
glare and light thatmay emanate from the proposed facility. Lighting will be Dark Skies compliant to minimize
light pollution.
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.
Response: The site will have direct access to Golden Gate Parkway, a six-lane major arterial roadway. The
PUD Master Plan depicts a potential interconnection with the adjacent property to the west (Parkway Life
Church).
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.
Response: The site will be designed to provide sufficient internal circulation, and PUD Master Plan depicts a
potential interconnection with the adjacent property to the west (Parkway Life Church).
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their interconnection
points with adjoining neighborhoods or other developments regardless of land use type.
Response: The PUD Master Plan depicts a potential interconnection with the adjacent property to the west
(Parkway Life Church). The interconnect will be provided if the property owners come to an agreement.
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.
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Fla Engineer CA 28275 Fla Landscape CA LC26000632
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Response: The property will provide internal sidewalks and open space.
Conservation and Coastal Management Element
Objectives 6.1 and 6.2
The proposed development is comprised of ±5.15-acres and located outside of the Coastal High-Hazard Area,
which is required to retain 15% native vegetation on-site. Although, an exception from the vegetation retention
standards may be granted for right-way acquisitions by any governmental entity for the purposes necessary for
roadway construction. The proposed development is encumbered by a 50’ platted right-of-way easement and an
additional 33’ right-of-way, utility and drainage easement along the southern property line, equating to ±0.63-
acres. The removal of the easement area from the development would require the Subdistrict to retain 10% native
vegetation on-site (4.52-acres). Therefore, language has been added to the proposed Subdistrict text, requiring
the development to preserve 10% existing native vegetation on-site. The preserve reduction is further warranted
by the project meeting a public purpose, providing a critical need within our community. The required preserve is
identified on the PUD Master Plan. Allowable uses within the preserves will not include any determinantal activity
to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation.
All required agency permits will be obtained, as necessary, and provided to Collier County at the time of SDP.
There are no wetlands on-site. Please refer to the Environmental Supplement.
Objective 7.1
A listed species survey has been conducted on the Project site in accordance with Florida Fish and Wildlife
Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. A listed species
management plan is included in the Environmental Data Report for approval by the County. The development
will comply with appropriate permitting requirements regarding listed species protection. No listed species were
observed during the survey. The proposed PUD rezone is consistent with Policy 7.1. Please refer to the
Environmental Supplement.
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2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 1
EXHIBIT I.D.1
CONSULTANT TEAM
Planner:Jessica Harrelson, AICP
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6751
Email: jharrelson@pen-eng.com
Architecture: Javier Salazar, AIA and Ryan Richards, AIA, LEED AP
RG Architects, P.A.
2070 McGregor Boulevard, Suite 1
Fort Myers, FL 33901
Phone: 239.332.2040
Email: jes@rgarchitectspa.com; rsr@rgarchitectspa.com
AND Hernan Rivera, AIA, Alex Jorda, AIA and Maurizo Maso, AIA
Hunton Brady Architects
333 South Garland Ave, Suite 1100
Orlando, FL 32801
Phone: 407.839.0886
Email: hrivera@huntonbrady.com; ajordan@huntonbrady.com; mmaso@huntonbrady.com
Engineering: Josh Fruth, Vice President and Jenna Woodward, AICP, P.E.
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6739
Email: jfruth@pen-eng.com; jwoodward@pen-eng.com
Environmental: Bruce Layman
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6700
Email: blayman@pen-eng.com
Transportation: Norman J. Trebilcock, AICP, P.E.
Trebilcock Consulting Solutions, PA
2800 Davis Blvd, Suite 200
Naples, FL 34104
Phone: 239.566.9551
Email: ntrebilcock@trebilcock.biz
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Surveying:Rick J. Ewing, PSM
Coastal Engineering Consultants, Inc.
28421 Bonita Crossings Blvd.
Bonita Springs, Florida 34135
Phone: 239.260.3775
rewing@cecifl.com
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
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 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
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
y,//d//
David Lawrence Mental Health Center, Inc.100%
A Florida Not-For-Profit Corporation
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
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, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
1/28/2021
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
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 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-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:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
Jessica Harrelson, AICP - Agent
6/3/2022
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S89°40'50"E 330.00'(P)S89°31'15"W 330.00'(S)N00°19'10"E 680.00'(P)N00°28'45"W 680.00'(S)S89°40'50"E 330.00'(P)S89°31'15"W 330.00'(S)N00°19'10"E 680.00'(P)N00°28'45"W 680.00'(S)50.00'33.00'597.00'597.00'33.00'50.00'TRACT 66, GOLDEN GATE ESTATES UNIT NO. 30(VACANT)59, UNIT 30PARKWAY LIFE CHURCH OF GODPARCEL NO. 3816512000EAST 75 FEET OFTHE WEST 180 FEET OFTRACT 75, UNIT 30SOUTHHALL, HAZELPARCEL NO. 38166520001WEST 105 FEET OFTHE WEST 180 FEET OFTRACT 75, UNIT 30BALZER, NATHANPARCEL NO. 38166560003THE EAST 150 FEET OFTRACT 58 UNIT 30FAWCETT, WILLIAMPARCEL NO. 38165040003WEST 150 FEET OFTRACT 67, UNIT 30KENT, JEAN APARCEL NO. 38165680007WEST 75 FEETOF THE EAST180 FEET OFTRACT 67, UNIT 30ANDERSON, JOHNPARCEL NO. 38165720006EAST 105 FEET OFTRACT 67, UNIT 30HAYES JR., JAMES BPARCEL NO. 38165760008WEST 180 FEET OFTRACT 74, UNIT 30SCHENK, PAULPARCEL NO. 38166480002GOLDEN GATE PARKWAY11.18.48.79.09.39.47.811.311.28.39.39.49.59.58.411.411.511.210.98.69.49.39.69.49.48.810.09.29.07.59.39.78.59.28.88.67.99.68.49.98.19.89.210.59.59.39.69.59.39.49.08.88.48.78.99.110.710.89.910.010.79.59.610.09.99.28.89.38.611.914.09.53.98.69.89.314.110.213.29.711.3811.2710.6911.0911.3611.7311.6711.5311.5711.1610.8410.4711.0511.1810.9810.8610.2910.6810.9611.3611.4211.5711.4511.1010.6810.4610.9710.9411.3511.1910.6110.8911.1811.5411.6811.9511.2211.1010.7411.3511.4911.5911.4310.8511.1911.5112.1811.9812.1012.3312.4012.0411.6211.4411.1511.5911.829.359.359.379.539.609.559.4910.8011.0711.2411.2611.2211.1011.2411.6910.859.359.379.359.329.329.259.259.269.279.279.259.159.269.269.269.349.359.379.09XX6'± CONCRETE SIDEWALKMITERED ENDINVERT = 8.20CURB INLETRIM = 10.28INVERT = 6.71BENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 11.30CORNER OF BRICKPAVER DRIVE IS 0.9'WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 2.3'WEST OFPROPERTY LINECORNER OF CONCRETE DRIVE IS 2.8' WEST OFPROPERTY LINECORNER OF CONCRETE DRIVE IS 2.8' WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 1.1'WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 1.3'WEST OFPROPERTY LINECORNER OF CHAINLINK FENCE IS 0.7'WEST OFPROPERTY LINECORNER OF CHAINLINK FENCE IS 1.1'WEST OFPROPERTY LINEEND OF ALUMINUM RAILFENCE IS 18.3' WEST OFPROPERTY LINEEND OF ALUMINUM RAILFENCE IS 22.9' EAST OFPROPERTY LINEEDGE OF DIRT PILEN00°19'10"E 660.00'(P)N00°27'23"W 659.96'(S)N00°19'10"E 660.00'(P)N00°25'55"W 659.93'(S)S89°40'50"E 330.00'(P)S89°30'59"W 329.72'(S)S89°40'50"E 660.00'(P)N89°31'25"E 659.79'(S)PAINTED LEAF LANE (SIGN)28TH AVENUE S.W. (PLAT)60' WIDE RIGHT OF WAYN00°19'10"E 30.00'(P)N00°22'31"W 29.92'(S)FOUND CONCRETE MONUMENTIN PLATTED P.R.M. POSITIONFOUND PK NAIL AND DISCSTAMPED WKMFOUND PK NAILIN BOX CUTFOUND PK NAILS89°40'50"W 1650.00'(P)S89°31'27"W 1649.77'(S)FOUND PK NAILIN BOX CUTN00°19'10"E 30.00'(P)N00°42'24"W 29.68'(S)FOUND 5/8" IRONPIN IN PLATTEDP.R.M. POSITIONPLATTED 100'
ROAD EASEMENT33' WIDE R.O.W. U.E. AND D.E.EASEMENT(O.R. BOOK 3406 PAGE 132)LIFT STATIONCONTROL PANEL8' X 12'SHEDEXISTINGASPHALTPARKINGEXISTINGASPHALTPARKING6' X 7'SHED CLIENT:TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATE BY28421 BONITA CROSSINGS BOULEVARDCOASTAL AND MARINE ENGINEERINGENVIRONMENTAL AND GEOLOGICAL SERVICESLAND AND MARINE SURVEY AND MAPPINGBONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143www.coastalengineering.comE-Mail: info@cecifl.comServing Florida Since 1977THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OFSERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED.REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION ANDADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BEWITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 05/23/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED:F.B.ACAD NO.PG.DRAWN:DATE:REF. NO.SCALE:SEC.TWP.RNG.22.02711BOUNDARY SURVEYPENINSULA ENGINEERING1" = 40'N/AN/A26E49S22.2722.02705/25/22MMWRJE29LEGAL DESCRIPTIONTRACT 66, UNIT 30, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF ASRECORDED IN PLAT BOOK 7, PAGE 58,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 224,400 SQUARE FEET OR 5.15ACRES OF LAND.SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.GENERAL NOTES1. = FOUND 4"X4" CONCRETE MONUMENT.2. = SET 5/8" IRON PIN AND CAP STAMPED CEC LB 2464.3. = FOUND PK NAIL AND DISC AS NOTED.4. BEARINGS BASED ON A GRID BEARING OF S89°30'59"W ON THE CENTERLINE OF PAINTED LEAF LANE.5. DESCRIBED PROPERTY LIES IN FLOOD ZONE AH, ELEVATION 10.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0411H DATED MAY 16, 2012.6. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).7. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.8. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.LEGEND(P) = PLAT DATA(S) = SURVEY DATA(TYP.) = TYPICALOHU = OVERHEAD UTILITY LINE = FIRE HYDRANT = BACTERIAL SAMPLING POINT = CONCRETE POWER POLE = WOOD POWER POLE = FIBER OPTICS MARKER = CLEANOUT = ELECTRIC SERVICE = WATER METER = TELEPHONE RISERR.O.W. = RIGHT OF WAYU.E. = UTILITY EASEMENTD.E. = DRAINAGE EASEMENTFOR THE BENEFIT OFPENINSULA ENGINEERINGSCALE: 1" = 40'402004080 OF TRACT 66, UNIT 30, GOLDENGATE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDEDIN PLAT BOOK 7, PAGE 58,OF THE PUBLIC RECORDS OF COLLIERCOUNTY, FLORIDA.EXHIBIT III.B9.A.1.cPacket Pg. 193Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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1%DVHPDS 86*61DWLRQDO0DS 2UWKRLPDJHU\ 'DWDUHIUHVKHG2FWREHUEXHIBIT F.1GOLDEN GATEPARKWAYINSTITUTIONALSUBDISTRICTCollier CountyBehavioral HealthCenter Site9.A.1.cPacket Pg. 194
¯0800400FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-26_Zoning_Exhibit2.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:EXHIBIT V.A.-ZONING MAP GOLDEN GATE PARKWAY INSTITUTIONAL SUBDISTRICT2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional Subdistrict300' BufferZONINGESTATESCorridor Management OverlayGG PARKWAYGolden Gate Parkway9.A.1.cPacket Pg. 195Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
¯0400200FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYP:\Active_Projects\P-VENC-002\001_Venture_Church_SDP_CU\Planning\GIS\2022-05-26_Zoning_Exhibit.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:EXHIBIT V.A.-ZONING MAP COLLIER COUNTY BEHAVIORAL HEALTH CENTER2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional SubdistrictCollier County Behavioral Health Center: 5.15-acres300' BufferCorridor Management OverlayZONINGESTATESGG PARKWAYGG PARKWAYDavid Lawrence CenterProvisional Use,Conditional UseParkway Life Church:Conditional UseNaples Bridge Center:Provisional Use,Conditional UsePrimera Iglesia CristianaProvisional UseThe Able Academy:Provisional Use,Conditional UseThe Pelican Community Centerand Lutheran ChurchProvisional Use,Conditional Use9.A.1.cPacket Pg. 196Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
EXHIBIT V.A.-ZONING MAP GOLDEN GATEPARKWAYINSTITUTIONALSUBDISTRICT9.A.1.cPacket Pg. 197
¯0400200FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31-Site_Aerial-Overlay.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:EXHIBIT V.A͘-SITE AERIAL OVERLAY2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional Subdistrict: 16.3-acresCollier County Behavioral Health Center: 5.15-acresGolden Gate ParkwayGolden Gate ParkwayBathey Lane9.A.1.cPacket Pg. 198Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
¯01,000500FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31-Location_Map.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:EXHIBIT V.A.Ͳ>Kd/KEDWͬ Z/>2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional Subdistrict: 16.3-acresCollier County Behavioral Health Center: 5.15-acresGG PARKWAYGolden Gate ParkwayGolden Gate ParkwayGolden Gate ParkwaySanta Barbara Blvd9.A.1.cPacket Pg. 199Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
¯0400200FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYEXHIBIT V.B-FUTURE LAND USE MAPP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31-Future_Land_Use Map.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendCollier County Behavioral Health Center: 5.15-acresCategory(67$7(60,;('86(',675,&7CONDITIONAL USE SUBDISTRICT(67$7(60,;('86(',675,&75(6,'(17,$/(67$7(668%',675,&7(67$7(60,;('86(',675,&7*2/'(1*$7(3$5.:$<,167,787,21$/68%',675,&7Golden Gate ParkwayBathey LaneGolden Gate Parkway*ROGHQ*DWH3DUNZD\,QVWLWXWLRQDO6XEGLVWULFW DFUHV&RQGLWLRQDO8VH6XEGLVWULFW DFUHV9.A.1.cPacket Pg. 200Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
Collier County Behavioral
Health Center
Environmental Data
PREPARED BY:
PENINSULA ENGINEERING
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105
MAY 2022
_
BRUCE LAYMAN, SPWS
y,//ds͘
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Collier County Behavioral Health Center
Environmental Data
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TABLE OF CONTENTS
1. INTRODUCTION ..................................................................................................................................... 3
2. PROJECT METHODOLOGY ..................................................................................................................... 3
2.1. Listed Wildlife Survey .................................................................................................................... 3
2.2. Listed Plant Survey ........................................................................................................................ 4
2.3. Habitat/Wetland Mapping ............................................................................................................ 4
3. SURVEY RESULTS ................................................................................................................................... 4
3.1. Listed Wildlife Species Observed/Identified On Site ..................................................................... 4
3.2. Listed Wildlife Species Not Observed On-Site But With Potential to Occur On Site .................... 5
3.3. Listed Plant Species Observed On Site .......................................................................................... 6
3.4. Habitat/Wetland Mapping – Native Preserve ............................................................................... 6
4. SUMMARY ............................................................................................................................................. 7
5. REFERENCES CITED ................................................................................................................................ 7
TABLES
Table 1 - Listed Species and Vegetation Survey Details. ............................................................................. 10
Table 2 - Listed Plant and Wildlife Species Observed ................................................................................. 10
Table 3 - Non-listed Wildlife Species Observed .......................................................................................... 10
Table 4 - Estimated Probability of Occurrence of Non-Observed Listed Faunal Species ........................... 10
Table 5 - Estimated Probability of Occurrence of Non-Observed Listed Floral Species ........................... 11
Table 6 - Existing Vegetative Associations and Land Uses ........................................................................ 11
APPENDICES
Appendix A - Existing Vegetation Association & Land Use Descriptions
FIGURES
Figure 1 – Existing Conditions
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1. INTRODUCTION
Peninsula Engineering (PE) entered into an agreement to provide environmental services associated with a
5.15-acre parcel known as the Collier County Behavioral Health Center (the Center) parcel. The
Environmental Data author credentials include undergraduate and graduate degrees in the environmental
sciences and full-time employment as an Environmental Consultant/Ecologist in Lee and Collier Counties
since 1992. The project site is located in Section 29; Township 49 South, Range 26 East, Collier County,
Florida. The parcel is bordered on the north and east by residential development, on the south by Golden
Gate Parkway and a mix of residential and commercial uses, and on the west by the Parkway Life Church
of God. Except for the right-of-way along the southern property boundary, and a small encroachment
from the neighbor to the east, the site is forested pine flatwood and contains moderate exotic vegetation
coverage.
This protected species survey was conducted, and the results summarized herein, to support local, state,
and federal environmental permitting.
2. PROJECT METHODOLOGY
Bruce Layman, Ecologist with PE, conducted a listed species survey consistent Collier County Conservation
and Coastal Management Element (CCME) Objective 7.1 and its implementing policies and with Florida
Fish and Wildlife Conservation Commission standards on the subject property. The dates, times and
weather conditions are summarized in Table 1. The following information describes the methodologies
employed:
2.1. Listed Wildlife Survey
Prior to conducting the listed species surveys, color aerial and topographic LIDAR imagery were
reviewed to anticipate which habitats may be present. Various publications and databases were
also reviewed to identify listed plant and wildlife species that are regionally present and that
could occur and those habitat types. Based on the habitat types identified on site, and the noted
data sources, a preliminary list of state and federal listed flora and fauna that could occur on the
project site was generated to help focus survey effort.
FWC’s Florida’s Endangered and Threatened Species (FWC, 2016) was used to determine the
“listed” state and federal status designation of wildlife species.
The field survey consisted of one ecologist performing east/west parallel meandering pedestrian
transects spaced approximately 50 to 100 feet on center based on habitat type and visibility
limits. These transects are illustrated on Figure 1 entitled Existing Conditions.
The field observer was equipped with a compass, GPS, color aerial, binoculars, and a field
notebook. During pedestrian transects, the ecologist periodically stopped, looked for wildlife,
signs of wildlife, and listened for wildlife vocalizations. Due to habitats present and likelihood of
occurrence (not to the exclusion of other potential listed species), the ecologist specifically
surveyed for the potential presence of the Eastern indigo snake (Drymarchon corais couperi),
gopher tortoise (Gopherus polyphemus), Big Cypress fox squirrel (Sciurus niger avicennia), and
trees containing cavities that could be used by the Florida bonneted bat (Eumops floridanus;
FBB) for roosting.
The approximate location of observed listed wildlife species and their numbers were mapped on
an aerial and recorded in a field notebook. The locations of fixed resources, such as gopher
tortoise burrows or cavity trees were recorded using hand-held GPS and flagged with high-
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visibility survey ribbon. Non-listed wildlife species were recorded daily.
2.2. Listed Plant Survey
Over the course of conducting the survey for listed wildlife, the PE ecologist searched for plants
listed by the Florida Department of Agriculture (FDA) and the U.S. Fish and Wildlife Service (FWS)
and those species defined by Collier County as rare and less rare. The state and federal agencies
have categorized the various plant species based upon their relative abundance in natural
communities. Those categorizations include “Endangered”, “Threatened”, and “Commercially
Exploited”.
The protection afforded plants listed solely by FDA entails restrictions on harvesting or destroying
plants found on private lands of another, or public lands, without permission and/or a permit
from FDA. Unless the sale of plants is involved, there are no restrictions for landowners to impact
such plants. These provisions are found in Section 581.185, FDA under State law. Rare and less
rare species are protected in accordance with Collier County LDC Section 3.04.03.
2.3. Habitat/Wetland Mapping
The habitat and wetland survey included the preparation of a Florida Land Use, Cover and Forms
Classification System (FLUCCS) map delineating the major vegetation communities and land uses
present on the project site. A FLUCCS Map for the project site is provided as Figure 1 entitled
Existing Conditions. The methods and class descriptions found in the FLUCCS manual (FDOT,
1999) were followed when delineating and assigning areas to an appropriate FLUCCS category
(class) or “codes”. Preliminary wetland limits were mapped using the standard state and federal
wetland delineation methodologies and direct field observations and aerial photo interpretation.
Color aerial photos were used in the field to map the vegetative communities on the site.
An important factor in mapping vegetative associations and local habitats is the invasion by the
exotic plant species, such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus
terebinthifolius), and earleaf acacia (Acacia auriculiformis). Four levels of exotic density are
typically recognized. Code modifiers may be appended to the base FLUCCS code to indicate the
approximate density of exotic vegetation in the canopy or understory, as follows:
E0 = Exotics <10%
E1 = Exotics 10-24%
E2 = Exotics 25-49%
E3 = Exotics 50-75%
E4 = Exotics 75<%
Wet season high water (WSHW) elevation was not estimated due to the lack of wetlands and
surface waters, and lack of signs of above-ground standing water.
3. SURVEY RESULTS
3.1. Listed Wildlife Species Observed/Identified On Site
No state or federal listed wildlife species were observed on site during the listed species survey.
With no listed species observed during the survey, the proposed PUD rezone is consistent with
CCME Policy 7.1.
The project site contained no US Fish and Wildlife Service-designated listed species critical
habitat.
All non-listed wildlife species, either directly observed or audibly detected on site, are listed in
Table 3.
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3.2. Listed Wildlife Species Not Observed But With Potential to Occur On Site
The following is a discussion of listed wildlife species that were not observed during either survey,
but which are considered to have potential to occur due to the presence of suitable habitat,
confirmed sightings in the region, or the parcel’s being located within the consultation area for a
given species. Species with greater than near zero potential to occur on site are summarized in
Table 4.
The gopher tortoise (Gopherus polyphemus) is listed as Threatened by the FWC and it is not listed
by FWS. Given the presence of pine flatwoods on site, this species was considered to be
potentially present. No signs of the species (i.e., burrows, scat) were observed during the listed
species survey and they are no longer considered a candidate to occur on site.
The Big Cypress fox squirrel (Sciurus niger avicennia; BCFS) is listed as Threatened by FWC and its
distribution is believed to be limited to an area south of the Caloosahatchee River and west to the
Everglades. The BCFS is usually associated with FLUCCS codes 411, 621, and 624 and prefers
habitats with open park-like mid-story and groundcover strata. Such areas on site are small and
isolated. Since site conditions are not conducive for use by this species and no evidence of the
BCFS (i.e., direct sightings, nests, day beds, etc.) was observed on site during the survey, it is
anticipated that the potential for this species to occur on site is very low.
Due to the lack of wetlands on or adjacent to the site, no listed wading birds are anticipated to
use the site.
The red-cockaded woodpecker (Picoides borealis; RCW) is listed as Endangered by FWS and the
project site is located within the FWS consultation area for this species. No RCW cavity trees
were observed on site during the listed species survey, nor were any RCW vocalizations detected.
The site contains few live slash pines and the property is not contiguous with regional forested
pine area that might otherwise support the species. As such, there is near zero potential for the
species to use the site.
The site does not fall within the Florida panther (Felis concolor coryi) consultation area.
The Florida bonneted bat (Eumops floridanus; FBB) is listed as Endangered by FWS and the site
falls within the FWS consultation area for this species. Given that the FBB is known to travel great
distances to forage, there is potential for the species to commute or forage over the parcel. Per
FWS guidelines, if an impact to potential foraging habitat is less than 50 acres, the FWS presumes
that the proposed loss will not impair an individual’s ability to feed or breed due to loss of
foraging habitat.
There is relatively little known about the life-history needs of the species; however, it has been
suggested in the literature that roosts may be a limiting resource for this bat. As such, the
ecologist specifically searched for trees with cavities that could potentially be used as roosts by
the FBB. The site contained few large pines that had died and remained standing. A single dead
pine tree was observed on site and it contained woodpecker cavities that appeared of sufficient
size for use by bats and none of them exhibited signs of use by bats such as smudging or the
presence of guano. Approximately half of the sapwood had already decomposed, detached, and
fallen off the tree’s core. It is not anticipated that the remaining sap wood will remain attached
for very long. If the rotten sapwood persists, the cavities will be inspected, as appropriate,
during the Environmental Resource Permitting process for the potential presence of roosting
bats, and the FWS 2019 Consultation Key for the Florida Bonneted Bat will be followed to make
an appropriate affect determination during the state environmental permitting process.
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The Eastern indigo snake (Drymarchon corais couperi) is listed as Endangered by FWS. Indigo
snakes inhabit pine forests, hardwood hammocks, scrub and other uplands. They also rely
heavily on a variety of wetland habitats for feeding and temperature regulation needs. Though
no indigo snakes were observed on site, it is typically assumed that there may be potential for the
species to be present. Adhering to the FWS standard Eastern Indigo Snake Protection
Precautions may be proposed during the Environmental Resource Permitting process as a means
to minimize the potential adverse effect on the species.
Though the bald eagle (Haliaeetus leucocephalus) is not state or federally listed, it is protected by
the Bald and Golden Eagle Protection Act. No eagle nest was observed on site. Per the Audubon
EagleWatch Program website, https://cbop.audubon.org/conservation/about-eaglewatch-
program, the nearest known eagle nest (nest CO054) is located over one mile northwest of the
parcel. The site is located well beyond the protection zones of that nest.
3.3. Listed Plant Species Observed On Site
One (1) species of listed plant (listed per FDA list; and identified as “less rare” by Collier County
LDC) was observed on site during the field survey. The species observed was the stiff-leafed wild
pine (Tillandsia fasciculata). The specimen that was observed was located approximately 15’
above the ground on one of the few cypress trees located on site. No permit is required by FDA
to impact the plant, and due to the plant’s elevation exceeding 8’ above the ground surface,
Collier County LDC Section 3.04.03 does not require that the individual plant be preserved.
No plant species listed by FWS were observed during the field survey.
The listed plant species observed, and their state and federal listing status, are provided in Table
2.
3.4. Habitat/Wetland Mapping – Native Preserve
The natural area of the project site is comprised of 4.34 acres of pine flatwood which meets
Collier County’s definition of native habitat. Based upon the proposed use of the property, a
minimum of 15% of the existing native vegetation would need to be preserved to be consistent
with the Land Development Code. However, due to the significant acreage of the site that is
encumbered by Collier County right-of-way, and given that the proposed land use has been
identified by the County as a critical service in the community, the applicant is requesting a
deviation to preserve 10% of the existing native vegetation acreage on site in order to maximize
the effectiveness of the proposed Center.
As per the Master Plan provided in support of the proposed rezone, 0.45 acres of native habitat
are proposed to be preserved on site. The FLUCCS code along with a brief description and
acreage are provided in Table 6 and a detailed description of the FLUCCS code is provided in
Appendix A.
Based upon current field conditions, and application of state/federal wetland delineation
methodology, it is anticipated that there are no wetlands or surface waters on site. This has not
been verified by either the South Florida Water Management District or the Florida Department
of Environmental Protection (under the State 404 Program). Verification will take place during
the respective environmental permit reviews.
No hydrobiological indicators were found on site and control elevation was established be
compatible with adjacent permitted water management systems.
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4. SUMMARY
Results of the survey reflect a lack of state and federal listed wildlife and a lack of federal listed
plant species. The protection afforded the state-listed stiff-leaved wild pine observed on site
entails restrictions on harvesting or destroying plants found on private lands of another, or
public lands, without permission and/or a permit from FDA. There are no restrictions for
landowners to impact the observed plant species unless the sale of plants is involved.
Therefore, there are no state restrictions on impacting the observed wild pine on the subject
property. Per LDC Section 3.04.03, there are no Collier County restrictions on impacting the
observed plant due to its height exceeding 8’ above grade.
If, during the Environmental Resource Permitting process, it is assumed that there is potential
for the Eastern indigo snake to occur on site, the owner may consider following the FWS
standard Eastern Indigo Snake Protection Precautions as a means to minimize potential
adverse effects on the species. Similarly, the potential for the bonneted bat to roost on site,
including consideration of possible protection measures, as appropriate, will likely be
addressed during ERP review, to sufficiently minimize the Center’s potential impact on the
species.
Based upon a proposed commercial use of the property, the Collier County LDC specifies that 15%
of the existing native vegetation should be preserved. However, due to constraints placed on the
property by the large County right-of-way encumbrance, and because the proposed use is in
keeping with the County’s need for such facilities, the applicant is requesting that the 1f5%
preservation requirement be reduced to 10% to maximize the effectiveness of the Center to
promote and rehabilitate behavioral health.
5. REFERENCES CITED
Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification
System. Procedure No. 550-010-001-a. Third Edition. Tallahassee, Florida.
Florida Fish and Wildlife Conservation Commission. 2013. Florida’s Endangered and Threatened
Species, Official List. Tallahassee, Florida.
Weaver, R.E. and P.J. Anderson. 2010. Notes on Florida’s Endangered and Threatened Plants.
Contribution No. 38, 5th edition.
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TABLES
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Table 1: Listed Species and Vegetation Survey Details
Ecologist Date Time of Day Weather Field Hours
Bruce Layman 5/9/22 8:30 a.m. - 11:30 a.m. 76°, clear, wind 0 mph 3.0
Total Hours 3.0
Table 2: Listed Plant and Wildlife Species Observed
Common Name Scientific Name Habitat Where Observed
By FLUCCS
FWC
Status
FWS
Status
FDA
Status
PLANTS
Stiff-leaved wild-pine Tillandsia fasciculata 411 N/A NL E
WILDLIFE
None
FDA = Florida Department of Agriculture and Consumer Services
FWC = Florida Fish and Wildlife Conservation Commission
FWS = United States Fish & Wildlife Service
E = Endangered
NL = Not Listed
N/A = Not Applicable
Table 3: Non-listed Wildlife Species Observed
Common Name Scientific Name
BIRDS
Blue jay Cyanocitta cristata
Mourning dove Zenaida macroura
AMPHIBIANS & REPTILES
None
MAMMALS
Eastern gray squirrel Sciurus carolinensis
Eastern cottontail Sylvilagus floridanus
Table 4: Estimated Probability of Occurrence of Non-Observed Listed Faunal Species
Common Name
Scientific Name Status
(FWC/FWS)
Estimated Occurrence*
Habitat by FLUCCS
Probable Possible Unlikely
BIRDS
None -
MAMMALS
Big Cypress fox squirrel Sciurus niger avicennia T/NL X 411
Florida bonneted bat Eumops floridanus E/E X 411
REPTILES
Eastern indigo snake Drymarchon corais couperi T/T X 411
FWC = Florida Fish and Wildlife Conservation Commission
FWS = United States Fish and Wildlife Service
T = Threatened
E = Endangered
NL = Not listed
* Probable Occurrence = >50% estimated chance of occurrence on site.
Possible Occurrence = <50% estimated chance of occurrence on site.
Unlikely Occurrence = <5% estimated chance of occurrence on site.
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Table 5: Estimated Probability of Occurrence of Non-Observed Listed Floral Species
Common Name Scientific Name Status
(FDA/FWS)
Estimated Occurrence* Habitat by FLUCCS Probable Possible Unlikely
Giant wild pine Tillandsia utriculata E/NL X 411
Inflated wild pine T. balbisiana E/NL X 411
Butterfly orchid Encyclia tampensis CE/N X 411
FWS = United States Fish and Wildlife Service
FDA = Food and Drug Administration
E = Endangered
CE = Commercially Exploited
NL = Not listed
* Probable Occurrence = >50% estimated chance of occurrence on site.
Possible Occurrence = <50% estimated chance of occurrence on site.
Unlikely Occurrence = <5% estimated chance of occurrence on site.
Table 6: Existing Vegetative Associations and Land Uses
FLUCCS CODE FLUCCS DESCRIPTION East Parcel
Acres
411E2 Pine Flatwoods, Palmetto understory, Exotics 25%-49% 4.34
740 Disturbed Lands 0.18
814 Roads and Highways 0.63
TOTAL 5.15
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APPENDIX A
Existing Vegetative Association & Land Use Descriptions
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Existing Vegetative Association & Land Use Detailed Descriptions
Pine Flatwoods – Palmetto Understory (FLUCCS 411) – This community contains a sparse canopy
by slash pine (Pinus elliotti), cabbage palm (Sabal palmetto), and laurel oak (Quercus laurifolia). On
average, earleaf acacia (Acacia auriculiformis) and Brazilian pepper (Schinus terebinthifolius)
comprise 25%-49% of the midstory and canopy strata. Saw palmetto (Serenoa repens) is dominant
and represents the groundcover. Pine duff is prominent as are vines - including muscadine grape
(Vitis rotundifolia), poison ivy (Toxicodendron radicans), and cat briar (Smilax rotundifolia).
Disturbed Lands (FLUCCS 740) – This is area that was cleared and partially improved for
parking/storage area by a neighboring property.
Roads and Highways (FLUCCS 814) – This represents the paved driving surface, maintained
shoulder, and powerline easement for, and along, Golden Gate Parkway.
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FIGURE 1
Existing Conditions
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GOLDEN GATE PARKWAY
PROJECT
BOUNDARY
(TYP.)
814
411 E2
740
Sheet Number:of
File Number:
Project Number:
Drawing Scale:
Date:
Drawn by:
Designed by:
SEC:RGE:TWP:OWNER/CLIENT/CONSULTANT:TITLE:PROJECT:[Save Date: 5/26/2022 3:11:54 PM] [By: JWoodward] [Plot Date: 5/26/2022 3:12:34 PM] [By: Jenna Woodward] [Original Size: 8.5X11] [Path: P:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Drawings-Civil\Exhibits\X04_FLUCCS\X04-FLUCCS.dwg]CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE ·
ENVIRONMENTAL CONSULTING · LAND PLANNING ·
SITE PLANNING · CONSTRUCTION MANAGEMENT ·
OWNER REPRESENTATIVE
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700 Fax: 239.261.1797
Email: info@pen-eng.com Website: www.pen-eng.com
Florida Certificate of Authorization #28275
COLLIER COUNTY
BEHAVIORAL
HEALTH CENTER
FLUCCS AND
TRANSECT MAP COLLIER COUNTY
29 49 26
JAW
JAW
5/2022
1" = 150'
P-CCMH-001
X04-FLUCCS
EX-04
11
LEGEND
PARCEL BOUNDARY
MEANDERING PEDESTRIAN TRANSECT (APPROX.)
FLUCCS LIMITS
PINE SNAG WITH CAVITIES
00 75' 150'300'600'
FLUCCS
CODE DESCRIPTION AREA
(AC)
411-E2 PINE FLATWOODS, EXOTICS 25% - 49%4.34
740 DISTURBED LANDS 0.18
814 ROADS AND HIGHWAYS 0.63
5.15
SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2021)
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Mental Health and Addiction Services
Five Year Strategic Plan
2020-2024
Collier County Mental Illness
and Addiction Ad Hoc
Advisory Committee
October 29, 2019
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IIntroduction
Starting in 2017, an informal group of community stakeholders began to meet with the
goal of improving the continuum of care around mental health and addiction services in
Collier County.
Throughout this process, the group identified many strengths in the community,
including agencies and stakeholders exceptionally dedicated to supporting each other in
collaborative efforts and ideas. Communication thrived as issues were discussed, and the
group worked to eliminate silos and better coordinate services.
Programs were identified, created, and enhanced through partnership efforts. The Collier
County Sheriff’s Office has invested considerable resources in its Mental Health Bureau,
and the County’s three problem-solving courts continue to see improved results in
recidivism and cost-avoidance. Law enforcement, corrections, local government and the
courts take an active role in providing substance use and mental health intervention and
treatment, including crisis response, diversion, treatment services in the county jail.
The David Lawrence Center and other community providers have enhanced the services
being provided in the County, but demand continues to grow as the population and
mental health awareness expands. Collier County Government has continually increased
the resources provided to law enforcement, the courts, and community health care
providers during this same time period.
Several collaborative working groups are in place that align well with this Mental Health
and Addiction Services Strategic Plan and should be complementary in its advancement
such as: Blue Zones, Collier County Public Safety Coordinating Council, Criminal Justice,
Mental Health, and Substance Abuse Planning Council, Community Behavioral Health
Advisory Committee, and community groups such as the Community Foundation of
Collier County and Richard M. Schulze Family Foundation.
Providers of treatment for substance use disorders and mental illness work
collaboratively to refer individuals to the appropriate treatment modality based on
diagnosis. They identify high service utilizers for enhanced services. They are committed
to utilizing evidence-based practices that have emerged in recent years to improve
care. These practices include medication assisted treatment, assisted outpatient
treatment, problem-solving courts, housing first and the use of both mental health
professionals and trained peers.
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The greater Collier County community supports increased access to treatment for
substance use disorders and mental illness as evidenced by voter approval of the Collier
County Infrastructure Sales Surtax, which included $25 million for the Central Receiving
Facility/System.
A strong sense of community is also reflected throughout the philanthropic efforts of
Collier County. The Committee would like to acknowledge the financial support of the
Community Foundation of Collier County, as well as the countless hours that our
residents donate to improving outcomes and service within, Collier County.
All these aforementioned strengths have come together in the creation of the Collier
County Mental Illness and Addiction Ad Hoc Advisory Committee and are reflected
throughout the five-year strategic plan.
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Committee Origin, Membership, and Charge
On December 11, 2018 the Collier County Board of County Commissioners approved
Resolution 2018-2321 establishing the Mental Illness and Addiction Ad Hoc Advisory
Committee. The Advisory Committee was charged with making recommendations
regarding the County’s role in providing assistance and treatment of adults with mental
health and substance use disorders.
The Resolution required that Committee membership not exceed 19 individuals
appointed by the Board with consideration given to ensure geographic and background
diversity. Special qualifications for membership included:
x representative designated by a Veteran services organization;
x representative designated by the Collier County Sheriff’s Office;
x representative designated by a Collier County grantor entity which provides
funding to providers of services for mental illness and substance use disorders for
adults;
x psychiatrist, licensed to practice in Florida;
x behavioral health professional, licensed to practice in Florida;
x medical health professional;
x representative from a homelessness advocacy organization;
x representative of the David Lawrence Center, Inc.;
x representative from the National Alliance on Mental Illness;
x a certified peer specialist;
x representative from the recovery community;
x representatives from the local business community; and,
x representatives at-large with experience or demonstrated interest in mental illness
and substance use disorders.
The Resolution defined the purpose of the Committee to include “providing input from
all entities involved in providing assistance to, and the treatment of, persons with mental
health or addiction issues, both public and private, as well as members of the public, to
identify existing mental and behavioral health services issues in the community to ensure
the inclusion of all possible services, treatment, and public and private assistance for
county residents struggling with mental illness and/or substance use disorders.”
The Committee was charged with development of a five-year strategic plan for mental
health and addiction services. Following review and adoption of this strategic plan by
the Board of County Commissioners, the Collier County Mental Illness and Addiction
Ad Hoc Advisory Committee will sunset, per Resolution 2018-232. In order to ensure
follow through on this plan’s priorities, the Committee recommends exploring an
1 Appendix B
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arrangement with community non-profits and private sector partners to drive, monitor,
and evaluate implementation of the recommendations in the plan. This group, meeting
quarterly, should be coordinated through existing channels and established committees,
such as the Collier County Public Safety Coordinating Council and/or Criminal Justice,
Mental Health, and Substance Abuse Planning Council.
Members of the Ad Hoc Advisory Committee would be invited to attend along with
interest members of these and other groups that touch no topics related to mental health
and substance use disorders. The Community Foundation of Collier County is seen as a
potential convener/host of these quarterly meetings. The Committee also recommends
that an external evaluation of progress toward plan and priority implementation be
completed and reviewed by the Board of County Commissioners during the fourth
quarter of 2021.
Mission Statement
The Committee adopted the following mission statement:
“The Committee will collaboratively plan for and support a coordinated effort for a full
array of evidence informed services and supports to improve the lives of adults with
mental health and substance use disorders and overall quality of life in the Collier County
community.”
Collier County Committee Work and Report Development
The Mental Illness and Addiction Ad Hoc Advisory Committee was organized and
convened for the first time on January 4, 2019. Ultimately the Committee met 21 times
over the course of the year, including 18 regular meetings and 3 half day workshops to
organize the information included in this report.
The Committee utilized its meeting time to gather information and develop strategies to
implement the priorities established in the Mental Illness and Substance Use Strategic
Plan submitted to the Board of County Commissioners in June 2018 and included as
Appendix D to this report. External subject matter experts made presentations to the
Committee on issues related to Housing, Veteran Services and the design of a Data
Collaborative. The knowledge gained from study of those priorities was applied in 4-
hour planning workshops held on August 10, September 12 and October 8. During these
workshops the Committee restated those priorities and established the goals, objectives
and an action plan for the implementation of each priority that follows in this report.
In preparing this report the Committee used the format employed by the Substance
Abuse and Mental Health Services Administration (SAMHSA) in its most recent Strategic
Plan. SAMHSA is the federal agency that promotes a vision for the United States
behavioral health care system, establishes national policy directives along with other
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Federal partners and allocates Mental Health and Substance Abuse funding to states and
local communities through block and discretionary grant programs. In the spirit of
recovery, the Committee recognizes SAMHSA’s working definition of recovery from
mental disorders and/or substance us disorders that was developed by dozens of
stakeholders as: “A process of change through which individuals improve their health
and wellness, live a self-directed life, and strive to reach their full potential”. There are
four major dimensions that support a life in recovery: Health, Home, Purpose and
Community. With those four pillars, there are 10 Guiding Principles of Recovery:
1. Recovery emerges from hope
2. Recovery is person-driven
3. Recovery occurs via many pathways
4. Recovery is holistic
5. Recovery is supported by peers and allies
6. Recovery is supported through relationship and social networks
7. Recovery is culturally-based and influenced
8. Recovery is supported by addressing trauma
9.Recovery involves individual, family and community strengths and responsibility
10. Recovery is based on respect
This report attempts to replicates SAMHSA’s approach, then summarizes our
recommendations for each priority through action plans. Selected SAMHSA evidenced-
based practices tool kits and best practices guidelines that align with the plan are
included in Appendix C of this report.
This report identifies six (6) priorities that we recommend receive ongoing attention and
support by the Board of County Commissioners over the next five years. Some priorities
will require substantial financial support, while others will require little funding, but will
require the involvement of County staff working in collaboration with community
partners. Financial considerations are discussed in Appendix A of this report.
The priorities, ranked in order of their relative importance by the Committee, are:
1. Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis;
2.Increase Housing and Supportive Services for Persons with Serious Mental Illness
and/or Substance Dependence;
3. Establish a Mental Health and Substance Use Disorder Data Collaborative for Data
Sharing, Collection and Outcomes Reporting;
4.Increase the Capacity and Effectiveness of Justice System Response for Persons
Experiencing Serious Mental Illness and/or Substance Use Disorders;
5. Revise and Implement Non-Emergency Baker Act and Marchman Act
Transportation Plans, and;
6.Improve Community Prevention and Advocacy Related to Mental Health and
Substance Use Disorders.
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis;
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Special Considerations
The Committee identified Veterans as a population that we recommend receive special
consideration. Specific attention must be paid to the unique needs of Veterans in all
activities related to these priorities, ensuring that there is easy access to treatment and
specialized programs to assist Veterans experiencing Post Traumatic Stress Disorder and
Traumatic Brain Injury both in community programs and from the Veterans
Administration.
The Committee also received input from the public regarding the special needs of Senior
Adults, particularly those in cognitive decline who experience profound changes in their
behavior and emotional stability as a result of their illness. These individuals require
specialized care very different from that provided in Baker Act Receiving Facilities that
primarily treat individuals in crisis from a mood or thought disorder.
In addition, all services, programs and activities related to the identified Priorities and
special populations must be grounded in the best available Evidence Based or Evidence
Informed Practices in order to ensure maximum quality and cost effectiveness in services
provided to the community. See Appendix C for a more detailed discussion of the
importance of utilizing evidence based or evidence informed practices.
Limitations
It should be noted that this planning process was limited in scope to issues related to
mental health and substance abuse disorders exclusively among adults age 18 and older,
except for the Committee’s prevention priority. The provision of mental health and
substance use disorder treatment to children and adolescents younger than age 18
involves a substantially different set of issues, diagnoses, and community providers in
domains that include schools, child welfare agencies, juvenile justice programs, and
treatment providers. In recent years, there has been substantial expansion in both
preventative and interventional programs offered to children and adolescents in
response to multiple issues including the increasing number of children requiring
protective services, human trafficking, and mass casualty events in schools that have
occurred across the country, including nearby Parkland, Florida. The Committee
anticipates that the Prevention activities proposed in this plan will be both supportive of
and integrated with these new services and programs for children and adolescents.
Further we would encourage a similar community wide planning effort in support of
even more comprehensive mental health and substance use disorder services for Collier’s
children and adolescents.
Acknowledgements
The Committee would like to thank and acknowledge the numerous county and agency
staff, presenters, guests, volunteers, and members of the public who provided input and
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participated in the planning process, as well as the generous financial support of the
Community Foundation of Collier County.
On the following pages find the Committee’s recommendations regarding the six plan
priorities that emerged from its deliberations, including goals, objectives and outcomes
anticipated for each. Action plans for each priority are also provided in Appendix F,
offering an “at a glance” overview of the inputs required, activities to be conducted and
outcomes anticipated for each priority.
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Priority #1
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis
Overview: A Central Receiving System consists of a designated central receiving facility
with 24 hour assessment, inpatient and related services that serve as a single point or a
coordinated system of entry and treatment for individuals needing evaluation or
stabilization under section 394.463 (Baker Act) or section 397.675, (Marchman Act)
Florida Statutes, or crisis services as defined in subsections 394.67(17)-(18), Florida
Statutes. The Collier County Community Needs and Assets Assessment (2017) noted the
need for additional inpatient beds and more than 80% of its health focus group
participants identified mental health and substance use issues as major public health
problems.
It should be noted that currently there is no local provision for involuntary inpatient
evaluation or stabilization under the Marchman Act. Due to this service deficiency all
persons requiring such services are treated at the Collier County Jail, a facility neither
designed nor appropriate for that purpose. The Central Receiving System will include a
secure inpatient Addictions Receiving Facility to address this major deficiency in our
local system of substance use disorder treatment.
CCSO Baker Acts (2001 – 2018)
Behavioral Health providers like the David Lawrence Center continue to see dramatically
increased demand for services, as evidenced by CCSO data that shows Baker Act cases
0
250
500
750
1000
1250
1500
1750
200120022003200420052006200720082009201020112012201320142015201620172018Priority #1
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis
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increased from 1,182 in 2013 to 1,570 in 20182, or an increase of approximately 33%. Total
services from DLC provided to adults and children also increased from 165,062 in FY 13
to 276,989 in FY 19, or approximately 68%3.
The Collier County Infrastructure Sales Surtax will provide $25 million to build a new
facility that will house these services and increase capacity. While the Surtax will provide
the infrastructure necessary to expand facility capacity, additional funds will be required
to provide the human resources and other ongoing operational costs associated with the
central receiving system.
Funding to support operations, estimated at $2 Million - $3 Million annually, will require
federal, state, and local funding. In 2016-2017 the Florida Legislature authorized the
Department of Children and Families to support central receiving systems and awarded
funding to 3 Florida communities. A Legislative Budget Request closely aligned with the
requirements of the FY 16-17 appropriation and supported with matching dollars from
Collier County appears to be a logical approach for obtaining the needed operational
funds.
The County will study multiple options on where to locate the facility, including the
current site of the David Lawrence Center. Another potential option is to co-locate the
facility with other existing government services, such as the Collier County Government
Center. The location of the facility is an important decision that must take into account
the comprehensive system of services outlined in this plan, existing demand, and future
growth.
Goal: Ensure that there is a coordinated system and adequate capacity to assure that
citizens in crisis will be able to access emergency mental health and substance use
disorder services over the next 20 years.
Objectives:
x Design, build, staff, and operate Central Receiving Facility/System including an
access center and follow-up recovery-oriented treatment services in the
community by 2022
x Assure sustainable funding to ensure ongoing Central Receiving operations over
the next 20 years
x Provide both co-occurring Baker Act (Crisis Stabilization) and Marchman Act
(Detoxification) services as part of Central Receiving Facility/System
x Explore the feasibility of providing primary integrated healthcare at the new
facility
Outcome/Impacts:
2 Information provides by the Collier County Sheriff’s Office
3 Presentation to MHAAHC, September 2019
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x Increased access to mental health and substance use disorder crisis care
x Improved crisis care by offering a full range of mental health and substance use
crisis services and by providing direct linkage and a warm hand off to community-
based services following crisis care
x Reduced law enforcement processing time for an immediate drop-off
x Provide appropriate jail diversion options and services
x Reduced transfer time from local hospitals
x Improved patient satisfaction with access to and quality of care in crisis services
Data elements required to assess outcome and impact:
x Episode of care data
x Baker Act and Marchman Act Data – Both public and private facility data from
residents and non-residents of Collier County
x Law enforcement time in drop off data
x Hospital transfer referral data
x Crisis Intervention Team (CIT) data
x Jail Diversions as a result of the Central Receiving System
x Client satisfaction questionnaire at discharge
Workgroup: Scott Burgess, Susan Kimper
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Priority #2
Increase Housing and Supportive Services for Persons with
Serious Mental Illness and/or Substance Use Disorders
Overview: For people with mental health and substance use disorders, housing is
considered a ‘golden thread’, providing the foundation through which all aspects of
treatment and recovery are possible. When this basic need isn’t met, people cycle
tragically in and out of homelessness, jails, shelters, and hospitals at a high cost to
individuals and society. The Urban Land Institute’s 2017 report on housing, land use, and
real estate issues in Collier County noted that an area of concern was the lack of
residential mental health care and support services. Further, the recent Collier County
Needs Assessment Survey identified housing as the number one community need. While
this need extends beyond those with severe mental illness or substance use disorders, the
housing shortage exacerbates the problem for these especially vulnerable individuals.
Due to low incomes (typically less than $800 per month), discrimination, and difficulties
in daily functioning, persons with serious mental illnesses and substance use disorders
generally cannot compete for market rental housing. Additionally, affordable housing
units and supported housing programs have long wait lists and few in need can access
them.
To be successful, housing supports should follow evidence-based and evidence-informed
practices, including the use of the SAMHSA Permanent Supportive Housing Tool Kit; a
‘Housing First’ philosophy and model in which housing is a right, not a privilege;
eligibility is not dependent on psychiatric treatment compliance and sobriety; and
housing units are integrated within the community. An array of options should include
rental assistance vouchers, rapid re-housing, recovery housing, transitional housing, peer
run respite, and permanent supportive housing, each bundled with appropriate levels
and choices of services and supports.
Goal 1: Increase availability and accessibility of a variety of housing options and
supportive services for persons with mental health and substance use disorders.
Objectives:
x All Collier County-approved affordable housing should include a required set-
aside for persons with a mental health and/or substance use disorder, which may
require Board of County Commissioners action
x Increase number of private landlords accepting rental assistance vouchers
x Increase number of supportive housing and supported employment providers or
agencies
x Increase individual incomes beyond disability amounts to ensure long term
stability
x Ensure supportive housing rents are limited to 30% of the individual’s income
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x Implementation of a high fidelity Permanent Supportive Housing Evidenced-
based program
Goal 2: Homelessness among persons with mental health and substance use disorders is
rare, brief and one-time.
Objectives:
x 100% of people who are chronically homeless who are diagnosed with a severe
mental health disorder will be housed within 7 days of enrollment in coordinated
entry
x 100% individuals who are homeless will have immediate access to low-barrier
emergency shelter
x 100% of persons with a serious mental health disorders identified annually during
the Point in Time count will not meet the definition of chronically homeless
x Increase number of SOAR (SSI/SSDI Outreach, Access and Recovery)-trained staff
and number of dedicated staff hours to facilitate attainment of Social Security
benefits for eligible individuals
Outcomes/Impact:
x Increased number of affordable housing units available to persons with a mental
health and/or substance use disorder
x Increased number of persons receiving rental assistance/low income
housing/housing voucher
x Increased number of persons attaining SSI/SSD and accompanying Medicaid or
Medicare benefits
x Increased number of peer specialists employed in variety of roles in mental health
and substance use programs
x Increased number of days that residents are in stable housing in the community
x Increased number of days that housing residents worked for pay
Data elements required to assess outcome and impact:
x Number of agencies/providers
x Increased capacity/number of available housing units
x Number of hours of supportive services provided
x Number of persons or months on housing wait lists
x Number of persons who are chronically homeless identified during annual Point
in Time count
x County annual housing report
x State SAMH and Medicaid data systems
x Drug Court Case management system
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x Number of people accessing supportive housing upon reentry from county jail
and mental health or Veterans treatment court
x Local data collaborative reports
x Cost effectives report on permanent supportive housing after implementation; and
x Qualitative analysis from the residents served in supportive housing services;
using individual and focus group methods
Workgroup: Dr. Pam Baker, Cormac Giblin, Dr. Jerry Godshaw, Michael Overway
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Priority #3
Establish a Mental Health and Substance Use Disorder Data
Collaborative for Data Sharing, Collection and Outcomes Reporting
Overview: Chapter 163.62 F.S. authorizes governmental and certain private agencies to
share information. The mission of a mental health and substance use disorder data
collaborative would be enhancing the delivery of mental health programs to Collier
County residents by encouraging communication and collaboration among all related
community providers, organizations, interested government agencies, and educational
institutions. Potential partners would include, among others, the Collier County Board
of County Commissioners; Clerk of Circuit Court; Collier County Sheriff’s Office; the 20th
Judicial Circuit; Central Florida Behavioral Health Network; David Lawrence Center;
NAMI; Collier County Public Schools; Florida Department of Juvenile Justice; and the
University of South Florida (USF) Department of Mental Health, Law and Policy (Louis
de la Parte Florida Mental Health Institute); although not exclusive, those agencies would
be the primary members of the collaborative.
Goal: Create a data collaborative that will collect and analyze data from all stakeholders
that provide services to persons experiencing a mental health and/or substance use
disorder and use that information to continuously improve program quality and patient
outcomes.
Objectives:
x To inform the planning and delivery of mental health and substance use
prevention and treatment among all related community organizations.
Multiple sources will collect internal data and share with other entities,
providing a process for comprehensively using relevant data, both at the
system and clinical levels.
x Collect aggregate data for use in planning, quality improvement, program
evaluation, and grant applications. A repository, along with staff, is required
to maintain, aggregate, and disseminate reporting on the data collected.
Data elements required to assess outcome and impact:
A centralized data collaborative could collect information from entities including the
David Lawrence Center, National Alliance on Mental Illness, hospitals, courts, law
enforcement, community providers, including but not limited to:
x Numbers and demographics of persons served by each cross-system
and provider
x Calculation of the cost or persons served by each payer system, DCF,
Medicaid, County Jail, Medicare/Medicaid, Department of Corrections,
housing etc.
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x Demonstration of cost avoidance in criminal justice involvement
through jail diversion and reentry activities
x Justification for efficient distribution of public funding
x Number of days acute care units are at or over capacity
x Other metrics used to gauge effectiveness and efficiencies of the
community health system
Action Items:
x Start with a list of data points to report on – including frequency, length of
treatment, outcomes, granularity, and sophistication of data efforts can be
leveraged from those employed in other communities
x Consult with the USF Department of Mental Health, Law and Policy about existing
data collaboratives and permissions necessary to access public data
x Draft MOUs for each participating entity surround collection and distribution of
data
x Establish a steering committee to guide the project development
x Design a project plan to establish the database to house collaborative data
x Begin to collect data and report on a routine basis
Workgroup: Sean Callahan, Dr. Jerry Godshaw, Michael Overway.
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Priority #4
Increase the Capacity and Effectiveness of Justice System Response for Persons
Experiencing Serious Mental Illness and/or Substance Use Disorders
Overview: Persons with mental health disorders and/or substance use disorders are at
disproportionate risk to experience involvement with the criminal justice system.
Predictably, traditional justice responses such as jail or prison have done little to address
what is ultimately a treatable medical problem. Communities have been frustrated by
poor outcomes among this population in traditional justice settings, as persons with these
disorders have cycled in and out of jails at great expense, with no discernible benefit to
the individual or the community.
Enter the Problem-Solving Court movement, now an international effort, which began
when Miami-Dade County created the first drug court in 1989. The Problem-Solving
Court model has evolved to recognize certain key components, and corresponding
standards have been developed to ensure that all courts incorporate those components.
Simply stated, the model involves a multi-disciplinary team, led by a judge, serving a
targeted population within the criminal justice system which has an identifiable and
serious need for treatment intervention. The team aims to identify, as early in the process
as is possible, those persons in the justice system for whom a program of intensive
treatment, supervision and accountability can reasonably be expected to end the justice
involvement successfully, restore the individual to wellness and self-sufficiency, and
facilitate a lasting recovery from the disorder(s) that contributed to the criminal conduct
in the first place.
The Supreme Court of Florida has promulgated standards for drug courts and is
preparing to promulgate standards for mental health courts and Veteran treatment
courts. Additionally, the Supreme Court is working on a certification process for these
courts, which will ensure fidelity to the promulgated standards and maximize chances
for the best possible outcomes across a variety of populations in the state. Further, the
Legislature has created a dedicated and recurring funding source for these courts, with
funding expected to be tied into the upcoming certification process.
Now is the time for significant advancement of these powerful courts, and communities
are wise to commit themselves to positioning their courts to take advantage of these
developments for the best possible service of their population’s needs. Collier County has
long been a leader among counties in this regard, and has had a drug court since 1999, a
mental health court since 2007, and a Veteran treatment court since 2012. Significant steps
need to be taken in order to ensure the sustainability of these courts, as well as to continue
to grow and improve them.
Recidivism rates are notably lower for graduates of problem-solving courts, nationally
12-40%, compared to recidivism rates from the Florida Department of Corrections of
around 65%. For 2018, and through September 2019, graduation rates for Collier County’s
three problem-solving courts were:
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x Drug Court – 60% successfully graduated
x Mental Health Court – 63% successfully graduated
x Veterans Treatment Court – 75% successfully graduated
Immediately following the June 2018 Board of County Commissioners’ workshop on
mental health and addiction, a Rapid Response Team was formed in the 20th Judicial
Circuit to address profoundly mentally ill persons in jail facing misdemeanor charges.
Since then, fourteen individuals have been served, of which three are currently active.
For the other eleven, only one has had a negative outcome, having failed to remain
connected to services and being re-arrested. All others have been considered successful
outcomes.
In addition to problem-solving courts, there are a variety of related and complimentary
opportunities for increasing the capacity and effectiveness of the justice system’s
response to this population. Persons with mental health and substance use disorders are
not only disproportionately represented in the criminal divisions of the justice system,
but also in the family, domestic violence and dependency divisions. Expanding
behavioral health training for judges and practitioners within each of these divisions will
ensure that persons in need of treatment will be assisted in accessing it, and outcomes
overall will benefit from this holistic approach.
Goal 1:
Expedite deflection and diversion of persons with mental health and/or substance use
disorders prior to arrest and from jail to treatment, thereby reducing recidivism,
improving community safety and directing resources to optimize outcomes.
Goal 2:
Expand trauma-informed and trauma-responsive practices to all divisions of the justice
system and incorporate the use of court-supervised clinical assessments and treatment
plans as appropriate in each division.
Objectives:
x Ensure the sustained commitment of dedicated resources from each of the
disciplines represented on the multi-disciplinary teams for each problem-solving
court
x Ensure the achievement and maintenance of certification status for each problem-
solving court, so that stable funding can be obtained, and the overall sustainability
of these courts can be secured
x Ensure the collection and analysis of robust data in connection with the operation
of the problem-solving courts so that proper periodic evaluation and adjustment
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of the courts can be made to optimize efficacy, and so stable funding can be
obtained and maintained
x Expand capacity of existing problem-solving courts, including the case
management services to support persons served by the court in the community.
x Increase the accuracy and speed with which all incarcerated persons are screened
for mental health and substance use disorders
x Ensure that incarcerated persons who have been identified as having mental
health and substance use disorders are referred to appropriate jail-based or
community-based treatment services, as appropriate, and that they are referred
promptly to an appropriate jail diversion program or problem-solving court.
x Expand capacity of jail diversion programs for persons with the most severe and
persistent mental health disorders, including the case management services to
support persons served by the court in the community
x Implement medication assisted treatment in Collier County Jail and ensure
continued access to same in the community upon re-entry, regardless of whether
an individual is involved with a problem-solving court or diversionary program.
x Increase training for judges, attorneys, probation officers, investigators, case
managers, law enforcement officers and all other justice personnel in the causes
and treatment of both mental health and substance use disorders, and in topics
related to trauma, adverse childhood experiences, and trauma-informed and
trauma-responsive practices
x Encourage judges across all divisions to employ trauma-informed practices in
addressing parties who come before them, and to ensure that courts are set up to
be trauma-responsive whenever possible
Data elements required to assess outcome and impact:
x Reduced number of arrests and re-arrests
x Increase number of incarcerated persons who are screened for mental health and
substance use disorders
x Identify the number of people with co-occurring mental health and substance use
disorders, also in need of primary health care
x Conduct an analysis of the number and percentage of people served by the court
who have any type of health insurance
x Improved symptoms
x Improved child and family reunifications with supports
x Reduce time between removal of at-risk or dependent children from parents and
reunification of the family unit
x Increase number employed
x Increase number receiving additional education and training
x Increased independence and self-reliance
x Maintenance of sobriety - number of days sober
x Reduce relapse rates
x Increase medication adherence rates
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x Reduce time between arrest and screening for mental health and substance use
disorders
x Reduce time between arrest and referral to an appropriate problem-solving court
or diversionary treatment program
x Increased stable housing
x Increased number of treatment services
x Increased number of appropriate referrals into diversion
x Increased capacity of each diversionary court program
x Increased graduation rates
x Increased pathways to treatment (new programs)
x Reduce the number of adverse childhood experiences for children of adults
involved in the justice system, and increase opportunities to build resilience for
them
Workgroup: Judge Janeice Martin, Trista Meister, Janice Rosen.
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Priority #5
Revise and Implement Non-Emergency
Baker Act and Marchman Act Transportation Plans
Overview: In the continued best interest of persons in need of behavioral healthcare in
Collier County, there is a need to establish a non-emergency transportation plan for
individuals receiving involuntary evaluation and/or treatment under either Chapter 394
or 397 F.S. (Baker Act/Marchman Act) who are transferred between local receiving
facilities and local hospitals. The plan will ensure the coordination of services among
providers in Collier County and provide timely access to care for persons experiencing a
mental health/substance use crisis. Emergency transports of individuals having a mental
health/substance use crisis will still be completed by law enforcement.
The impact of law-enforcement non-emergency transport of individuals in severe mental
health or substance use crisis adds to the criminalization of mental illness/substance use.
It can also project a perception of adverse consequence(s) for the individual(s) seeking
help and delays access to timely treatment. Law enforcement involved in non-emergency
transportation can also cause further trauma to an individual.
The benefit of a coordinated system of care is less fragmentation of services and a more
human, efficient and cost-effective method of providing transport. The Collier County
Sheriff’s Office has spent a considerable amount of time and money providing non-
emergency transport of individuals with mental illness and/or substance use issues from
facility to facility. The amount of time law enforcement has spent in non-emergency
transports of people in crisis between facilities sums up to over 2,150 hours since 2017 at
a cost of approximately $250,000. A non-emergency transportation plan will free up law
enforcement to provide service and safety to our community. The plan will largely
eliminate non-emergency transport by law enforcement, providing a more dignified,
humane, and timely method of transportation to and from acute care facilities.
Hillsborough and Sarasota County have implemented non-emergency contractual
transportation plans with external transportation companies that pays for indigent care
to reduce the demand on law enforcement transportation. The transportation providers
may bill individual’s private insurance or Medicaid/Medicare. Collier County can utilize
the design and experience of these non-emergency plans in design of our non-emergency
transport plan.
Goal:
Whenever possible, the transportation of an individual under the Baker Act or the
Marchman Act from a medical facility to a receiving facility will be completed by a non-
emergency transportation provider.
Objectives:
x Implement a transportation plan that utilizes non-emergency transportation
companies (Ambitrans, MediCab, David Lawrence Center approved staff, or
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hospital-approved transportation) to transfer individuals being evaluated to
treated under the Baker Act or Marchman Act from a medical facility to a receiving
facility
x Establish safety provisions that include appropriate medical equipment or safety
equipment to meet client needs
x Establish appropriate level of supervision to ensure safety and prevent elopement
Outcome/Impacts:
x Provide a dignified, humane, and streamlined method of transportation to and
from acute care facilities
x Patient satisfaction with quality of care between receiving facilities
x Enhance the ability to fully utilize the capacity of acute care services in the county
and reduces the unnecessary delay of transfers between facilities
x Reduce the time that law enforcement is diverted from its primary duties to
transport a person being evaluated or treated under the Baker Act or Marchman
Act between receiving facilities and local hospitals
x Law enforcement and Collier County EMS will continue to transport Emergency
Baker Act or Marchman Act individuals to the appropriate receiving facility; and
x Enhanced continuity and care coordination among providers
Data elements required to assess outcome and impact:
x Collier County Sheriff's Office non-emergency Baker Act and Marchman Act
transport calls for service to David Lawrence Center
x Collier County Transportation Plan 2017-2020/Suncoast Region Substance Abuse
and Mental Health MOU
Workgroup: Lt. Leslie Weidenhammer, Susan Kimper
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Priority #6
Improve Community Prevention, Advocacy, and Education Related to
Mental Health and Substance Use Disorders
Overview: Preventing mental health and/or substance use disorders and related
problems is critical to our community’s behavioral and physical health. Prevention and
early intervention strategies can reduce the extent and impact of mental health and
substance use disorders in Collier County. Prevention approaches focus on helping
people develop the knowledge, attitudes, and skills they need to make good choices or
change harmful behaviors. Substance use and mental disorders can make daily activities
difficult and impair a person’s ability to work, interact with family, and fulfill other major
life functions. Mental illness and substance use disorders are among the top conditions
that cause disability in the United States. In addition, drug and alcohol use can lead to
other chronic diseases including diabetes and heart disease.
In 2017, 11.2 million Americans 18 years or older had a serious mental illness and 19.7
million people reported having a substance use disorder in the past year. Many
individuals experiencing a diagnosable mental health or substance use disorder do not
know they have one and do not seek help. For almost all mental health disorders, people
delay getting help, the median delay is 10 years, and of those who have been diagnosed
with a mental illness, only 41 percent of persons access mental health services in a given
year.
Collaborative and coordinated community efforts to provide awareness, education,
prevention and advocacy are critical to reducing the stigma associated with and the
myths surrounding mental illness and substance use disorders. A greater understanding
of mental illness and substance use interventions can offer the community invaluable
information on access to resources and better methods to support those who may be
experiencing these challenges. Implementation and supportive delivery of evidence-
based educational opportunities will allow individuals, community and family members
and businesses to better identify when someone may be experiencing mental health and
substance use issues and seek help sooner. Targeted public service information and
resources around mental illness and substance use will further contribute to stigma
reduction and expand awareness of educational opportunities offered in the community.
Goal:
Provide evidence-based education and training on mental health and substance use
disorders to the community at large.
Objectives:
x Create an ongoing mental health and substance use disorder educational program
for community businesses and organizations to increase knowledge and public
awareness
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x Make available ongoing education to 100% of the Collier population to increase
access to services and reduce stigma related to mental health and substance use
disorders
x Develop prevention and education activities in collaboration with SW Florida Blue
Zones Project and other health focused community organizations
x Expand the delivery of Mental Health First Aid Training in the community
Outcomes/Impact:
x Increase knowledge and awareness of mental illness and substance use disorders
to increase access to services
x Increased awareness and education can also increase availability of funding for
programs (private donor, grants, etc)
x Reduced loss of life and overdose due to substance use and suicide in Collier
County
x Decreased percentage of those experiencing symptoms of mental illness and/or
substance use enrolling in healthcare services
Data elements required to assess outcome and impact:
x Number of participating businesses and organizations in Collier County
x Number of educational programs provided
x Number of attendees
x Assess how the training was implemented
x Survey assessment of increased knowledge
Action Items:
x Establish or identify the evidence-based programs to utilize for trainings and
certification processes (ex. Adult and Youth Mental Health First Aid, Trauma
Informed Care, Suicide Awareness and Prevention, Substance Use Prevention and
Treatment)
x Identify collaborative organizations/agencies and staff to provide education and
awareness programs and materials
x Identify businesses, organizations, professionals and communities for roll out
(stages, communities, workplaces)
x Identify Public Service Announcement opportunities and methods of delivery
(TV, social media, brochures, town halls, ads)
x Develop and disseminate materials (how, where, to whom)
x Evaluate effectiveness of programs/materials utilizing pre/posts/surveys and
data from Community Health Needs Assessments
Workgroup: Caroline Brennan, Council Member Michelle McLeod, Pat Barton
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Special Consideration #1
Improve Services to Veterans Experiencing
Mental Health and/or Substance Use Disorders
Overview: Veterans make up approximately 10% (26,094) of the adult population in
Collier County, and an estimated 3,200 are post-Gulf War Veterans. As a country, and
community, we have a responsibility to help these Veterans and their families, who from
time to time are in need of an array of programs and services that cannot be solely
provided by the Department of Veterans Affairs (VA). Veterans receive the best care
when local communities work collaboratively with the VA to provide a variety of
supportive services.
Within this population the most significant issues are Post Traumatic Stress Disorder
(PTSD), traumatic depression, Traumatic Brain Injury (TBI), military sexual trauma, and
Veteran suicide. Nationally twenty (20) Veterans a day die by suicide, which is twice the
rate of the non-Veteran population. In addition, it is estimated that over 40% of Veterans
are returning home with PTSD and/or TBI. The primary reason is due to multiple tours
of duty which are unique to this generation of warriors, and the exposure to “Blast”
trauma to the body. These invisible wounds of war present create unique health and
transitional issues for Veterans that result in mental health and substance use issues. The
impact can be devastating for the Veterans and their families.
There is a need in our community to design and implement services and programs to
meet the unique needs of our Veteran population.
Goal:
Make the public and the Veteran community aware of the transitional, mental health,
substance use, housing, and employment needs of post-combat Veterans and mobilize
resources to address these issues for Veterans and their families.
Objectives:
x Reduce Veteran suicides – ensure that trackable data exists for Collier County
x Reduce Veteran substance use – 274 Collier County Veterans were treated by the
VA in 2018
x Reduce the number of Veterans arrested in Collier County, currently
approximately 100 per year
x Continue to keep accurate data on Veterans who are homeless and have mental
health and substance use issues to advocate for various grant programs, to include
VA’s Homeless Providers Grant and Per Diem Program, the VA’s Supportive
Housing (HUD-VASH), Low Demand Safe Havens, Substance Abuse Treatment
Programs and Community Resource Centers for Veterans
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x Increase the participation rate of Veterans in the diversion program provided by
the Veteran Treatment Court
x Reduce the number of homeless Veterans. A count conducted in July 2019
identified 40 plus homeless Veterans living in Collier County
x Include a part-time social worker in the staffing of the Central Receiving System
to interact with and ensure that Veterans are linked with specialized services to
meet their unique needs
x Employ a full-time social worker or other liaison as part of the Collier County
Veterans’ Service Office responsible for coordination of mental health public
education, outreach to Veterans and families, coordination with services at Bay
Pines, VA, Hunger and Homeless Coalition, Home Base and other service
providers
x Increase access to combat related unique treatments
x Educate and advocate on behalf of Veterans regarding size and demographics of
this group in our region
x Make Veterans and their families aware of and engaged in the programs and
services
Data elements required to assess outcome and impact:
x Number of homeless Veterans; number offered housing
x Number of Veterans arrested annually
x Number of Veterans enrolled in treatment
x Veteran treatment outcomes
Workgroup: Dr. Thomas Lansen, Dale Mullin
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COLLIER COUNTY MENTAL ILLNESS AND ADDICTION AD HOC COMMITTEE
MEMBERSHIP
Mr. Scott Burgess (chair), David Lawrence Center
Dr. Pamela Baker (vice-chair), NAMI Collier County
Lt. Leslie Weidenhammer, Collier County Sheriff’s Office
Council Member Michelle McLeod, Naples City Council
The Honorable Janeice Martin, County Judge, 20th Judicial Circuit
Ms. Caroline Brennan, Collier County Public Schools
Mr. Michael Overway, Hunger & Homeless Coalition
Ms. Susan Kimper, NCH Healthcare System
Mr. Dale Mullin, Wounded Warriors of Collier County
Dr. Paul Simeone, Lee Health
Ms. Trista Meister, Mindful Marketing
Ms. Pat Barton
Ms. Janice Rosen
Dr. Jerry Godshaw
Dr. Michael D’Amico
Dr. Thomas Lansen
Mr. Russell Budd
Mr. Reed Saunders
Staff Liaison: Mr. Sean Callahan, Collier County
Consultant: Mr. Chet Bell
Technical Review: Mr. Mark Engelhardt, University of South Florida, Department of Mental
Health, Law and Policy, Louis de La Parte Florida Mental Health Institute
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APPENDIX A: FINANCIAL CONSIDERATIONS
One of the items that will need to be considered is the cost of the services outlined in this
five-year strategic plan. With the increased demand for mental health and substance
abuse services in Collier County, the Board of County Commissioners has continued to
increase the amount of funding available and is planning to appropriate over $2.3 million
for David Lawrence Center in FY 19-20. This would represent an increase of roughly
$950,000 in County funding to DLC compared with FY 15-16. Over this same time period
DLC operating expenses, associated with growing programs and services to meet the
increased demand in Collier County, have also significantly increased and are projected
to grow in FY 19-20 by almost $3.9 million compared to FY 15-16. While the County has
increased funding, the State of Florida continues to be one of the worst funders in the
nation for mental health and substance use funding4 , has higher uninsured rates than the
national average (approx. 13% vs. 9%) and Collier County has one of the highest
uninsured rates in our region (16.8%).
With the passage of the Collier County Infrastructure Sales Surtax in 2018, $25 million in
funding is now available for the construction of a Central Receiving Facility. This funding
is limited in scope to be used only for infrastructure improvements and construction,
which leaves the funding of operations of the facility to be determined, estimated at $2
million - $3 million per year.
Should the Board of County Commissioners adopt this strategic plan as presented in this
report, the remaining items will also need to have funding identified for implementation.
This plan cannot solely rely on increased funding from the County and will need a
comprehensive strategy to leverage federal and state funding, along with private funding
to be raised from the community.
However, in addition to the hard costs associated with the plan’s implementation, a
successful continuum of care for mental health and substance use issues will drastically
reduce costs to the County. For example, cost avoidance analysis has revealed that
nationally $3.33 in “hard” justice (e.g. incarceration) costs are saved for every $1 invested
in Drug Courts, and number goes up to $27 when “soft” (e.g. reduced child welfare,
reduced ER visits, increased employee productivity, increased tax revenue, etc.) costs are
mixed in.
In 2015, the Pinellas County Board of County Commissioners committed funding to
address the needs of residents with serious behavioral health concerns who are
frequently hospitalized or incarcerated. The Pinellas County Empowerment Team
(PCET) pilot program was developed to respond to these issues and began delivering
services in June 2016 to a select group of individuals who represent some of the highest
service users in Pinellas County. In the “Year Two Cost Analysis,5” it was found by the
4 https://www.news-press.com/in-depth/news/local/2019/05/05/crisis-without-end-florida-ranks-last
5 PCET Empowerment Team High-Utillizer Behavioral Pilot, Year Two Cost Analysis, 2019, USF
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USF Department of Mental Health, Law and Policy, (PSRDC - Policy and Services
Research Data Center) that total costs for these systems decreased by 58.8% ($610,682) in
the first year and 56% ($580,321) in the second year for a total savings of $1,190,603.
Similar results in cost reductions can be expected in Collier County if this strategic plan
is implemented and will be tracked through the implementation of the data collaborative
outlined in the plan. This will lead to a better system of care for Collier County residents,
as well as recoup some of the initial investments made in the plan.
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APPENDIX B: RESOLUTION 2018-232 AND EXECUTIVE SUMMARY
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APPENDIX C: EVIDENCE-BASED PRACTICE AND SAMHSA TOOLKITS
Evidence-based practice (EBP) began as a movement when the concept was formally
introduced in medicine in 1992. This represents an attempt to systematically address the
research-to-practice gap that exists in areas of clinical practice, operations and policy-
setting, leading to the adoption of more rigorous, proven, and effective methods. Since
then, the methodology underlying EBP has been applied to various allied health
disciplines, along with spreading to other fields such as management, education and law.
When this occurs, the evidenced-base/informed approaches implemented are often
referred to as “best practices” in any given application or field.
At its most basic level, EBP bases systematic decision-making -in operations and clinical
practice -on existing science to reduce variation, improve outcomes and reduce cost.
Moreover, wherever possible, it also takes into consideration critical population
parameters, extant values, preferences, and available resources, along with
environmental and organizational contexts relevant to EBP implementation. A
distinction is often drawn between “evidenced-based” practices, where the benefits of a
process or treatment are delivered under highly controlled conditions, versus
“evidenced-informed”, which describes the modification of EBP to be used under less
ideal circumstances. The latter represents the modal use of EBP practices and is regarded
as a sensible place to start when such ideal circumstances do not exist.
The Transdisciplinary EBP model (Satterfield et al., 2009) depicted below illustrates an
optimal process where decision-making (and clinical practice) takes all of these variables
in to account, against the backdrop of the best available research evidence, to deliver
context-relevant, “best practices.”
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The use of evidence-based or informed practices and services in the implementation of
this strategic plan’s Priorities will enhance quality and cost effectiveness for the targeted
mental health and/or substance use disorders programs and services proposed.
Therefore, the Committee recognizes the importance of using SAMHSA’s Evidenced-
based Program (EBP) Tool Kits, Best Practices and Guidelines. A full list of SAMHSA’s
EBP’s can be found at the SAMHSA EBP Resource Center:
https://www.samhsa.gov/ebp-resource-center
In alignment with the Priorities in this strategic plan, use of the following EBP Tool Kits
in program implementation are recommended:
x Permanent Supportive Housing;
x Supported Employment;
x Integrated Treatment for Co-occurring Disorders; and
x Assertive Community Treatment
The following Guidelines are useful best practices for the implementation of this Strategic
Plan and are also recommended:
x Principles of Community based Behavioral Health Services for Justice Involved
Individuals: A research-Based Guide;
x Medicated Assisted Treatment in the Criminal Justice System: Brief Guidance to
States;
x Recovery Housing: Best Practices and Guidelines (Substance Abuse); and
x Crisis Intervention Team (CIT) Methods for Using Data to Inform Practice.
Outcomes/impacts of utilizing EBPs: Patient-centered metrics
x Decreased symptoms per targeted disorder (e.g., anxiety, SUD, trauma) leading to
improved global functioning;
x Increased # of days of work for pay;
x Lower arrest/incarceration rates;
x Decreased number and severity of medical co-morbidities (Congestive Heart
Failure, Diabetes);
x Decreased number and severity of negative social determinants of health (housing,
income, safety, education, access to health services); and
x Increased patient satisfaction.
Outcomes/impacts: Operational Metrics
x Increased training opportunities negotiated and initiated;
x Increased number of staff trained in evidence-based treatment/practices;
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x Increased number and percentage of patients referred to evidence-based treatment
as opposed to treatment as usual;
x Higher treatment adherence and completion rates of patients in evidence-based
treatment as opposed to treatment as usual;
x Lower “no show” rates in evidence-based treatment as opposed to treatment as
usual;
x Increased number of patients screened for various mental health/substance use
disorder problems;
x Decreased admission/readmission rates pre/post implementation of evidence-
based practices;
x Reduced number of ED visits pre/post; length of stay in outpatient treatment;
medication compliance; and
x Increased number of case management contacts with peer specialists and care
managers.
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APPENDIX D: 2018 DRAFT STRATEGIC PLAN
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APPENDIX E: CCSO MENTAL HEALTH BUREAU DATA
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APPENDIX F: ACTION PLANS Priority: _____Central Receiving Services_____ ACTION PLAN Goal: Ensure that there is a coordinated system and adequate capacity to assure that citizens in crisis will be able to access emergency mental health and substance use disorder services over the next 20 years. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year $25 Million for construction and related capital purchases for Central Receiving Services structure(s) $2-3 Million annual state and local government appropriation for Central Receiving Services operations Determine site. Define terms and processes regarding ownership, design, construction and funding of Central Receiving Services structure(s) and Furnishings, Fixtures and Equipment. Multiple activities related to design and construction of Central Receiving Services structure(s) and identification and procurement of FFE. Develop an operational budget and plan for sustainable funding for operations. Collier County BOCC and David Lawrence Center David Lawrence Center Collier BOCC, Collier Legislative delegation, David Lawrence Center. Completion of all pre-construction activities and initiation of construction. Submit a Legislative Budget Request to partially fund operations. Secure funding from Collier County to use as match to support Legislative Budget Request. Completion of Construction. Increased inpatient capacity over baseline. Central Receiving Services utilized as single point of access for persons in crisis as a result of a Mental Health and/or Substance Use Disorder Secure state funding and matching county funds to sustain Central Receiving Services operations in perpetuity. 9.A.1.cPacket Pg. 273Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
PAGE 60 Priority: _____Housing and Supports________________ ACTION PLAN Goal: Increase availability and accessibility of a variety of housing options for persons with mental health and substance use disorders. Homelessness among persons with mental health and substance use disorders is rare, brief and one-time. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Ensure that Ch 420 F.S. 10% Housing set aside for special populations is implemented Provide Incentives to Landlords, builders, developers Increase available Affordable Housing units Existing Rental Vouchers Assure a source of income/healthcare for chronically homeless with severe mental illness Funding from local, state and federal grant opportunities Funding from private charitable foundations that support housing initiatives Legislative Advocacy Community Education Identify and amend any prejudicial local zoning language Recruit at least one non-profit developer, determine site Ensure Vouchers are provided to eligible persons who are chronically homeless and severely mentally ill n SOAR applications n# Supported Employment providers and # hours Respond to grant opportunities and submit proposals to private charitable foundations Homeless COC, State SAMH, Housing, State Legislators County Housing and Community Services, Board of County Commissioners County Housing and Community Services, Board of County Commissioners County Housing and Community Services Employment agencies: Goodwill, Voc Rehab Collier County, local homeless service and mental health/substance abuse provider agencies County approves % set aside specific to Chronically homeless w/ Severe Mental Illness pDiscrimination / prejudicial language in local zoning docs Identify new non-profit developer n # SOAR applications n# SMI on SSI/SSDI; Medicaid/Medicare # Community education sessions, op eds, news articles n # Providers and volunteers trained in Supported Employment, Supportive Housing and SOAR. # of grant and foundation proposals submitted and # awarded p# days to enroll in programs p# days to obtain Transitional housing from jail, hospital or homelessness. p# days to obtain permanent housing # employed p# homeless SMI 0 Wait lists for housing and services 0 New homeless in CoC PIT count n Days in Community/ Housed (not hospital, jail, shelter) n Days worked for pay n # on SSI/SSDI 9.A.1.cPacket Pg. 274Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
PAGE 61 Priority: _____Data Collaborative______ ACTION PLAN Goal: Create a data collaborative that will collect and analyze data from all stakeholders that provide services to persons experiencing a mental health and/or substance use disorder and use that information to continuous improve program quality and patient outcomes. Inputs Required (Resources) Outputs Outcomes -- Impact Activities – What we will do Participation Short- 1 year Long 2-5 year Assignment of county staff to provide leadership and direction to development of the data collaborative. Identify and secure participation of essential governmental, non-profit and for profit organizations to participate in and share data with the collaborative Identify and recruit data collaborative members Define data elements to be collected and shared by collaborative members Define standard reports, reporting frequency, and mechanism of report distribution. Data collaborative members utilize shared data to identify and report on emerging issues related to program quality and patient outcomes. Data collaborative members utilize shared data to provide data for grant opportunities and new programming Active participation by 75% or more of recruited members. 100% of data elements and collected and shared by collaborative members. 100% of Standard reports are prepared and distributed on time. Analysis of data to identify trends and emerging issues is reviewed and reported by data collaborative members at least annually. Data collected and reported by data collaborative is used 4 or more times annually in materials prepared in response to funding opportunities or to justify new or revised programming. Data Collaborative is organized, meeting, collecting data and issues a baseline report on data collected. Data Collaborative releases data according to a schedule agreed upon by all members. Data Collaborative identifies at least one emerging issue annually. Data Collaborative provides data that assists in obtaining new funding or reinvestment of existing funding to address emerging community needs in mental health and substance use disorder treatment. 9.A.1.cPacket Pg. 275Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
PAGE 62 Priority: _____Justice System Response________________ ACTION PLAN Goal: Expedite deflection and diversion of persons with mental health and/or substance use disorders prior to arrest and from jail to treatment, thereby reducing recidivism, improving community safety and directing resources to optimize outcomes. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Pre-Arrest Diversion Educate Law Enforcement Expand Mental Health Unit Increase capacity of treatment providers Jail Diversion Implement Medication Assisted Treatment at Collier County Jail. Expand Project Recovery Increased number of community based and in jail mental health and substance use counselors Develop alternative in-jail treatment program for inmates already receiving Medication Assisted Treatment prior to incarceration. Expand court ordered assisted outpatient treatment to circuit court. Utilize Mental Health Unit to train road deputies in deflection processes. Seek CJMHSA Reinvestment Grant funding to implement Medication Assisted Treatment in the County Jail. Seek County, State and Federal funding to support additional judicial and treatment team positions for court based diversionary programs including drug court, veteran’s court and assisted outpatient treatment. Mental Health Unit, Collier Sheriff’s Deputies, David Lawrence Center staff Criminal Justice Planning Council Collier Legislative delegation, Collier County government, U.S. Department of Justice, U.S. Department of Health and Human Services, private foundations. # of law enforcement trainings provided. Decrease in arrests for drug possession. Increase in number of referrals to treatment directly from law enforcement. Increase in the number of treatment referrals either in custody or through transfer to community based programs. Decrease in jail days for inmates whose crimes are directly related to their mental health and substance use disorders. Decrease in recidivism among inmates who participate in jail diversion programs. Continued decrease in possession arrests and continued increase in number of referrals to treatment year over year. Quicker response team in diverting from jail or enrolling in jail based programs. Year over year decreases in recidivism among inmates who participate in jail diversion programs. Year over year Increases in the number of treatment referrals either in custody or through transfer to community based programs. 9.A.1.cPacket Pg. 276Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
PAGE 63 Priority: ____Non-Emergency Baker Act/Marchman Act Transportation___ ACTION PLAN Goal: Whenever possible, the transportation of an individual under the Baker Act or the Marchman Act from a medical facility to receiving facility will be completed by a non-emergency transportation provider. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year tablish Transportation Workgroup consisting of involved partners – CCSO, Collier County Government, David Lawrence Center, NCH, and other interested parties Funding to support transportation plan and costs of transport vehicles and drivers. Develop answers to who, what, when and where questions that will drive the structure of the transportation agreement. Prepare a cost analysis that includes current costs for all partners, the annual number of transports provided, the annual number of patients transported and a projection of future need. Develop a share cost agreement among partners to be either included in the Transportation Plan or included by reference in the plan. Transportation Workgroup Transportation Workgroup Transportation Plan written and signed off by all partners. Identification of Transportation Provider or Providers Cost sharing agreement developed and signed off by all partners. Law enforcement agencies no longer providing non-emergency transport except in cases of unstable individuals at high risk to harm self or others. Increased patient satisfaction regarding quality of care in transportation. Law enforcement agencies re-allocate time previously spent in transportation to other public safety activities. Transportation Contract (s) in force and functioning. Transportation Workgroup continues to meet to review data and address any inter-agency issues that may develop. 9.A.1.cPacket Pg. 277Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
PAGE 64 Priority: _____Prevention________________ ACTION PLAN Goal: Provide evidence based education and training on mental health and substance use disorders to the community at large. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Identify collaborative agencies and personnel that provide evidence based prevention programs. Including, but not limited to, Drug Free Collier, NAMI, Mental Health providers, Blue Zones, Chambers of Commerce, local religious groups, and any other local organization with an interest in drug abuse prevention and education regarding substance use and mental illness Develop Collaborative Partners in Prevention Identify evidence based programs available. Develop speaker’s bureau to present evidence based prevention programs Develop or adopt an App that can be marketed in the community to support local substance abuse prevention and awareness of mental health disorders Create public service announcements for print, electronic and social media Develop resource center that can provide materials and programs to the community. Drug Free Collier NAMI Mental health providers Chambers of Commerce Religious groups SW Florida Blue Zones Project Collaborative group of providers organized and meeting regularly Collaborative Partners in Prevention provides training for agencies and community responders Identify funding Linkage with print and electronic media Funding and staffing to support education and prevention Relationship to 211. App implementation resulting increased access to recovery services Annual Awareness/ Prevention/Education campaigns 9.A.1.cPacket Pg. 278Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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Collier County Behavioral Health Center
SSGMPA-PL20220002807
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 1
EXHIBIT V.E.1
PUBLIC FACILITIES LEVEL OF SERVICE (LOS) ANALYSIS
The subject site is located north of Golden Gate Parkway, ±0.5-acres west of Santa Barbara Boulevard and ±0.5-acres
west of I-75 in Section 29, Township 49 and range 26 and is comprised of 5.15-acres.
The proposed Small-Scale Growth Management Plan Amendment is a site-specific text amendment to the existing
‘Golden Gate Parkway Institutional Subdistrict’ to allow the Planned Unit Development Rezone process to permit
the list ofland uses outlined within. The Subdistrict text currently specifies that the list uses outlined are permitted
via the Conditional Use process only. The existing Subdistrict permits Group Care Facilities. There are no changes
to the intensity/density of the Subdistrict.
The proposed text amendment to the Golden Gate Parkway Institutional Subdistrict does not authorize residential
development, nor increase population within the County. Therefore, there are no significant increases on public
facilities as a result of this request.
Summary of Existing/ProposedUse:
The project site is currently undeveloped.
The project site will be developed with a Group Care Facility, consisting of 102 Patient Beds and a maximum
development of 64,000 SF.
The Capital Improvement Element of the Collier County Growth Management Plan establishes Levels of Service for
the following:
x Arterial and Collector Roads
x Surface Water Management Systems
x Potable Water Systems
x Sanitary Sewer Systems
x Solid Waste Disposal Facilities
x Parks and Recreation Facilities (Community and Regional Parks)
x Public School Facilities
x Fire Control and EMS
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Collier County Behavioral Health Center
SSGMPA-PL20220002807
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 2
Arterial and Collector Roads
Please refer to the Traffic Impact Statement for conclusions of the project impacts on the level for service for
surrounding roadways.
Surface Water Management Systems
The Golden Gate Parkway Institutional Subdistrict/CFPUD project is an institutional project. The stormwater
management system with be designed to Collier County and SFWMD standards. A dry detention / retention pond
will provide the required water quality and quantity standards prior to discharging off-site into the Golden Gate
Parkway drainage infrastructure.
Potable Water Systems and Sanitary Sewer Systems
Potable water and wastewater for the proposed site will be provided by Collier County Utilities. Water service is
readily available to the project via an existing 12” water main along the southern frontage of the property within
the Golden Gate Parkwayright-of-way. Wastewater service is readily available to the project via an existing 4” force
main along the same frontage. Waterfor irrigation will be provided by either a private well or Collier County Utilities
subject to the provisions of LDC 4.03.08 C, the Collier County Irrigation Ordinance (2015-27) and other applicable
rules and regulations. If a private well is utilized for irrigation, a water use permit through SFWMD will be applied
for at the time of SDP permitting. Please see the included CC wastewater flow worksheet and Statement of Utility
Provisions for proposed potable water and wastewater demands. See Table 1 for estimated Level of Service
demands.
Table 1. Estimated Level of Service
Type of
Unit
Number of Units Consumptive
Rate
(GPD/Unit)
Notes Total
Average Daily
Flow (GPD)
Peak Hour
Factor
Total Peak
Hour Flow
(GPD)
Beds 102 beds
(3 meals per day)
115 Per FAC
64E-6 11,730 4.2 49,547
Solid Waste Disposal Facilities
According to the Collier County 2021 AUIR, currently there is an existing landfill capacity of 12,982,923 tons, and a
ten-year landfill capacity requirement of 2,902,259 tons. The estimated life of the landfill is 39 years. The existing
landfill capacity is adequate to accommodate the additional tons per capita generated by the proposed project. The
level of service is not significantly or adversely impacted by the proposed build-out.
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Collier County Behavioral Health Center
SSGMPA-PL20220002807
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 3
Community and Regional Parks
The proposed non-residential development is not subject to payment of park impact fees. There will be no adverse
impact to community or regional parks associated with the proposed use.
Public School Facilities
The proposed non-residential development is not subject to payment of school impact fees. There will be no adverse
impact to public schools associated with the proposed use.
Fire Control and EMS
The proposed project is located within the Greater Naples Fire Rescue District. The Greater Naples Fire Station #70
is located ±2-miles east of the subject site, and Fire Station #24 is approximately ±3.5-miles west of the subject site.
Applicable impact fees will be determined and paid at time of SDP.
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Traffic Impact Statement
Collier County Behavioral Health Center
CFPUD Application
Collier County, Florida
6/6/2022
Prepared for: Prepared by:
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239-403-6700
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Phone: 239-566-9551
Email: ntrebilcock@trebilcock.biz
Collier County Transportation Methodology Fee* – $500.00 Fee
Collier County Transportation Review Fee* – Major Study – $1,500.00 Fee
Note – *to be collected at time of first submittal
EXHIBIT V.E.2 9.A.1.c
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Trebilcock Consulting Solutions, PA Page | 2
Statement of Certification
I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision
and that I have experience and training in the field of Traffic and Transportation Engineering.
Norman J. Trebilcock, AICP, PE, PTOE
FL Registration No. 47116
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Company Cert. of Auth. No. 27796
This item has been electronically signed and sealed
by Norman J. Trebilcock, P.E., State of Florida
license 47116, using a SHA-1 authentication code.
Printed copies of this document are not considered
signed and sealed, and the SHA-1 authentication
code must be verified on any electronic copies.
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Table of Contents
Project Description ......................................................................................................................... 4
Trip Generation ............................................................................................................................... 5
Trip Distribution and Assignment ................................................................................................... 5
Future Background Traffic Volumes ............................................................................................... 9
Existing and Future Roadway Conditions Without Project ............................................................ 9
Future Conditions With Project .................................................................................................... 10
Site Access Management .............................................................................................................. 12
Improvement Analysis .................................................................................................................. 12
Mitigation of Impact ..................................................................................................................... 12
Appendices
Appendix A: Project Master Site Plan .......................................................................................... 13
Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 15
Appendix C: ITE Trip Generation .................................................................................................. 24
Appendix D: FDOT Generalized Level of Service Tables .............................................................. 32
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Project Description
The subject Planned Unit Development Rezone (PUDZ) petition includes a request to rezone property from
the Estates (E) Zoning District to the Collier County Behavioral Health Center Community Facilities Planned
Unit Development (CFPUD), to permit a Central Receiving Facility (Group Care Facility) to serve persons
experiencing an acute mental health or substance use crisis. The CFPUD will permit up to 64,000 square
feet (SF) and 102 patient beds. The property is located on the north side of Golden Gate Pkwy. in Collier
County, just east of the existing David Lawrence Mental Center (whose address is 6075 Bathey Lane),±0.5-
miles west of Santa Barbara Boulevard and ±0.5-miles east of I-75 and consists of ±5.15 acres.
Refer to Figure 1 – Project Location Map and Appendix A: Project Master Site Plan.
A methodology memorandum was transmitted via email to the Collier County Transportation Planning
staff on June 1, 2022 and a revised one on June 6, 2022 (ref. Appendix B: Initial Meeting Checklist
(Methodology Meeting)).
The project access connection to the surrounding roadway network is proposed as one direct
connection onto Golden Gate Pkwy. A detailed evaluation of it will be performed at the time of site
development permitting.
Figure 1 – Project Location
Project
Location
N
I-75Golden Gate Parkway
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Trip Generation
The CFPUD is treated for trip generation purposes as 64,000 SF of Hospital. There are an insufficient
number of ITE studies and too much data scatter to justify using beds as the independent variable.
ITE rates or equations are used for the trip generation calculations, as applicable. The ITE formulae
coefficients and 11th edition data pages are provided in Appendix C. The trip generation associated with
the proposed build-out condition is summarized in Table 1.
In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified
based on the proposed project highest peak hour trip generation (net new total trips) and consistent
with the peak hour of the adjacent street traffic. Based on the information contained in the Collier
County 2021 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway
network is PM peak hour.
Trip Distribution and Assignment
Table 1 includes a trip generation estimate based on number of employees to estimate the number that
produces the same PM peak hour two-way trip generation as the proposed floor area. That number of
service employees (363) was placed in a new centroid on Golden Gate Parkway at the project location
and its traffic traced using the Collier County Adopted 2045 Long Range Transportation Plan’s FSUTMS
travel demand model, the District One Regional Planning Model (D1RPM). The percentage distribution
pattern for project traffic is shown in Figure 2. The result on I-75 north of Golden Gate Pkwy. is
expanded in Figure 3.
Table 1 - Trip Generation
Rate (1) or Eqn.
(2)PM Peak Hour AM Peak Hour
Use Daily AM PM
Daily
TrafficInOutTotalInOutTotal
Hospital 610A 1000 SF 64 2 2 2 3,808 49 90 139 101 50 151
Hospital 610E Employees 363 2 2 2 3,256 42 97 139 162 63 225
Trip Generation Rates from ITE Trip Generation Manual 11th Ed.
ITE
LU#
Measure-
ment Unit
# of
Units
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Figure 2 – Project Trip Distribution 9.A.1.cPacket Pg. 288Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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Figure 3 – Project Trip Distribution
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Table 2 contains the road segments on which the project impact was reviewed. Roadway configuration
and minimum standard service volumes are from the 2021 AUIR. The I-75 service volume is from FDOT
Generalized Service Volume Table 7 (Appendix D). The distribution percentages are the averages at the
segment endpoints. The calculations that Table 2 contains are performed with more decimal places than
those displayed. Using only the displayed decimals may yield slightly different results. The project does
not significantly impact any adjacent roadway segments.
Table 2 –Project Traffic Distribution and PM Peak Hour Impact
AUIR ID
#
Roadway
Link From To
Percent
of Total
Project
Traffic
(1)
PM
Peak
Hour
Project
Traffic
N/E (2)
PM
Peak
Hour
Project
Traffic
S/W (2)
Existing
Config-
uration
(3)
LOS
Mini-
mum
Stan-
dard
Existing
Peak
Hour
Peak
Direct-
ion
Service
Volume
(3)
Signif-
icance
Thres-
hold
(%) (4)
Peak
Direct-
ion
Project
Traffic
as Per-
centage
of
Service
Volume
Signif-
icant
Impact
Y/N
20.2
Golden
Gate
Parkway
Livingston
Road I-75 15.6 8 14 6D E 3550 2
0.4 N
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 55.7 27 50 6D E 3300 2 1.5 N
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
44.3 40 22 6D E 3300 2
1.2 N
22.0
Golden
Gate
Parkway
Santa
Barbara
Boulevard
Collier
Boulevard 13.9 13 6 4D D 1980 2 0.7 N
76.0
Santa
Barbara
Boulevard
Green
Boulevard
Golden
Gate
Parkway
10.9 10 5 4D D 2100 2 0.5 N
77.0
Santa
Barbara
Boulevard
Golden
Gate
Parkway
Radio Road 12.5 6 11 6D E 3100 2 0.4 N
1021.0 I-75 CR 951
Golden
Gate
Parkway
3.3 2 3 6F D 5780 2 0.1 N
1022.0 I-75
Golden
Gate
Parkway
Pine Ridge
Road 37.0 33 18 6F D 5780 2 0.6 N
Notes: 1) Figure 2
2) Percentage times PM peak hour net new external directional project traffic totals Table 1
3) Based on 2021 AUIR data and FDOT Generalized LOS Table 7
4) Collier County TIS Guidelines
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Future Background Traffic Volumes
Tables 3 through 5 contain information for the segment of Golden Gate Pkwy. directly accessed by the
project to demonstrate that it is not currently operating nor will it with the addition of project traffic be
operating above 110% of the adopted service capacity. In Table 3, the annual growth rate listed is the
one used in the 2021 AUIR to predict future deficiencies and is used to inflate the existing year peak
hour peak direction volume from the 2021 AUIR to the analysis year 2027.
The result above is compared with the 2021 AUIR volume plus the trip bank volume. The higher of the
two results is used as the future background traffic volume. The calculations that Table 3 contains are
performed with more decimal places than those displayed. Using only the displayed decimals may yield
slightly different results.
Existing and Future Roadway Conditions Without Project
The existing roadway conditions are from the Collier County 2021 AUIR, and the future roadway
conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that
are currently under construction or are scheduled to be constructed within the five-year Transportation
Improvement Plan (TIP) or Capital Improvement Program (CIP) are considered committed
improvements. No improvements to the evaluated roadways are programmed.
Table 3 – Future Background Traffic
2027 2027
AUIR
ID #
Road- way
Link From To
Existing
Year
Peak
Hour
Peak
Direct-
ion
Volume
(1)
Peak
Direct-
ion (1)
AUIR
Annual
Percent
Growth
Rate for
First 5
years (1)
Growth
Factor
(2)
Trip
Bank
Volume
(1)
Growth
Rate
Based
Peak
Hour
Peak
Direct-
ion
Back-
ground
Traffic
Volume
AUIR +
Trip
Bank
Volume
Peak
Hour
Peak
Direct-
ion
Back-
ground
Traffic
Volume
(3)
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 1920 E 2.0% 1.126 14 2162 1934 2162
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
1920 E 2.0% 1.126 14 2162 1934 2162
Notes: 1) 2021 AUIR
2) Growth Factor = (1+R)^6
3) Greater of Growth based estimate or Existing + Trip Bank
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The existing and future roadway conditions are illustrated in Table 4. The segment is operating at
acceptable level of service in existing conditions and under future background traffic conditions. The
calculations that Table 4 contains are performed with more decimal places than those displayed. Using
only the displayed decimals may yield slightly different results.
Future Conditions With Project
Table 5 adds the project traffic volumes developed in Table 2 to the 2027 background traffic volumes
developed in Table 4. In most cases the peak direction of project traffic aligns with the peak direction of
background traffic. In those cases, the background traffic portion of the total traffic is the peak hour
peak direction volume from Table 5.
In the cases where the two peak directions (background and project) are opposed, a D factor of 0.56 is
assumed for the background traffic, the average of the values used for interrupted flow facilities in the
FDOT Generalized Service Volume Table for Urbanized Areas (see Appendix D). This factor is used to
estimate the background two-way volume, and hence to establish the two directional components of
that two-way volume. Directional project traffic volumes from Table 2 are added and the maximum of
the resulting two total traffic directional volumes is used as the basis of analysis. The significantly
impacted segments are operating at acceptable level of service when project traffic is added to future
background traffic. The calculations that the table contains are performed with more decimal places
than those displayed. Using only the displayed decimals may yield slightly different results.
The roadway segment will be operating at acceptable level of service in the future year with the addition
of project traffic.
The analyzed roadway is located within the East Central Transportation Concurrency Management Area
(TCMA). In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is
Table 4 – Existing and Future Roadway Conditions
2027 2027 2027 2027 2027
AUIR
ID #
Roadway
Link From To
Existing
Config-
uration
(1)
Existing
Peak
Hour
Peak
Direct-
ion
Service
Volume
(1)
Existing
Year
Peak
Hour
Peak
Direct-
ion
Volume
(1)
Exist-
ing
Year
V/C
Level
of
Service
Defic-
iency
Yes/
No
Config-
uration
(1)
Peak
Hour
Peak
Direct-
ion
Service
Volume
(1)
Peak
Hour
Peak
Direct-
ion Back-
ground
Traffic
Volume
(2)
Back-
ground
Traffic
V/C
Level
of
Service
Defic-
iency
Yes/
No
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 6D 3300 1920 0.58 No 6D 3300 2162 0.66 No
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
6D 3300 1920 0.58 No 6D 3300 2162 0.66 No
Notes: 1) Based on 2021 AUIR data or approved future roadway improvements
2) Table 3
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measured on a system-wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards. Based on the information contained in the 2021 AUIR, the East Central TCMA percent lane miles meeting standard is 100.0%Table 5 -Future Roadway Total Traffic Conditions
20272027 2027 2027AUIR ID #Roadway Link From ToPeak Hour Peak Direct- ion Back-ground Traffic Volume (1)Back- ground Traffic Peak Direct- ion (1)PM Peak Hour Project Traffic N/E (2)PM Peak Hour Project Traffic S/W (2)Back- ground Traffic Direct- ional Split (3)Back- ground Traffic N/EBack- ground Traffic S/WTotal Traffic N/ETotal Traffic S/WTotal Traffic Analy- sis Vol-umePeak Hour Peak Direct- ion Serv- ice Vol- ume (4)Total Traffic V/CLevel of Service Defic- iency Yes/ No21.0Golden Gate ParkwayI-75Project Entrance2162 N/E 27 50 0.56 2162 1699 2189 1749 2189 3300 0.66 No21.0Golden Gate ParkwayProject EntranceSanta Barbara Boulevard2162 N/E 40 22 2202 3300 0.67 NoNotes: 1) Table 32) Table 23) Appendix D4) Table 49.A.1.cPacket Pg. 293Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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Site Access Management
According to Collier County sources, Golden Gate Pkwy. at the project entrance is a future Functional
Class 3 roadway whose posted speed limit is 45 mph.
The connection spacing finalized during the site development plan approval process will be consistent
with Collier County Resolution 2013-257 which specifies a minimum of 660 feet between connections,
2,640 feet (0.5 miles) between signalized intersections, and 660 feet and 1,320 feet between directional
and full median openings respectively, and any site access management requirements of the Corridor
Management Overlay.
Improvement Analysis
Based on the results illustrated within this traffic analysis, the proposed project creates no significant
impacts on adjacent roadway segments.
Mitigation of Impact
The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are
issued for the project, as applicable.
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Appendix A:
Project Master Site Plan
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Appendix B:
Initial Meeting Checklist (Methodology Meeting)
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Appendix C:
ITE Trip Generation
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Appendix D:
FDOT Generalized Level of Service Tables
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¯0 10.5
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COLLIER COUNTY BEHAVIORAL
HEALTH CENTER
GOLDEN GATE PARKWAY
INSTITUTIONAL SUBDISTRICT
EXHIBIT V.E.3-PUBLIC FACILITIES MAP
P:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31_CCMHF_Public_Facilities_Map.mxd
Date Saved: 6/2/2022
PROJECT:
NOTES:
CLIENT:
LOCATION:
EXHIBIT DESC:
2600 Golden Gate Parkway
Naples, FL 34105
Legend
Golden Gate Parkway Institutional Subdistrict: 16.3-acres
Parks
nm Educational Facilities
#Police Stations
"u Hospitals
kj Fire Stations
1 MILE
2 MILES
3 MILES
Golden Gate Parkway
Institutional Subdistrict
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Collier County Behavioral Health Center Struck-through text is deleted; Underlined text is added
SSGMPA-PL20220002807
July 28, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 1
EXHIBIT IV.B
PROPOSED GOLDEN GATE MASTER PLAN TEXT AMENDMENT
Urban Golden Gate Estates Sub-Element
B. LAND USE DESIGNATIN DESCRIPTION SECTION (Page 14)
***TEXT BREAK***
A. Estates – Mixed-Use District
4. Golden Gate Parkway Institutional Subdistrict
This Subdistrict is specific to Tracts 43, 50, 59, and 66 of Golden Gate Estates Unit 30, and includes four
parcels of land containing approximately 16.3 acres, located on the north side of Golden Gate Parkway,
east of I-75 and west of Santa Barbara Boulevard. The intent of the Golden Gate Parkway Institutional
Subdistrict is to provide for the continued operation of existing uses, and the development and
redevelopment of institutional and related uses. The Subdistrict is intended to be compatible with the
neighboring residential uses and will utilize well-planned access points to ensure safe and convenient
access onto Golden Gate Parkway.
The following institutional uses are permitted within the Subdistrictthrough the conditional useprocess
or planned unit development rezone process within the Subdistrict:
a. Neighborhood churches and other places of worship.
b. Group care facilities (Categories I and II)
c. Nursing homes and assisted living facilities associated with the David Lawrence Center.
d. Essential services as set forth in Section 2.01.03 of the Collier County Land Development Code,
Ordinance No. 04-41, as amended.
e. Private schools associated with the David Lawrence Center or Parkway Community Church of God,
for Tracts 43, 50 and 59 only.
f. Day care centers associated with the David Lawrence Center or Parkway Community Church of God.
g. Medical offices associated with the David Lawrence Center.
Tract 66, Golden Gate Estates Unit 30, may satisfy preservation requirements by preserving 10% native
vegetation on-site.
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X
2nd June Scott Burgess, CEO,
David Lawrence Mental Health Center, Inc.
X
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2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Memorandum
Date: August 5, 2022
To: Timothy Finn and Parker Klopf, Collier County Growth Management
From: Jessica Harrelson, AICP
Re: Collier County Behavioral Health Center PUDZ-PL20220002221 and SSGMPA-PL20220002807
A Neighborhood Information Meeting (NIM) was conducted on Tuesday, July 26, 2022. The meeting was held
at 5:30pm at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116.
Approximately 30 individuals attended the meeting; refer to the sign-in sheet.
Individuals associated with the project team/presentation that were in attendance included the following:
- Jessica Harrelson, Peninsula Engineering
- Josh Fruth, Peninsula Engineering
- Javier Salazar, RG Architects
- Ryan Richards, RG Architects
- Scott Burgess, CEO, David Lawrence Center
- Nancy Dauphinais, David Lawrence Center
- Andy Stevens, David Lawrence Center
- Claudia Roncoroni, Collier County Facilities
- Ayoub Al-Bahou, Collier County Facilities
Jessica Harrelson and Javier Salazar conducted the meeting, providing a PowerPoint presentation outlining
details of the requests for a Planned Unit Development Rezone and Small-Scale Growth Management Plan
Amendment.
Following the presentation, the meeting was opened to the attendees for comments and questions. The
following is a summary of the questions asked, and comments made, by the attendees and responses given by
the project team.
x Question/Comments #1 (John Welsh, 2724 Santa Barbara Blvd): Who will be maintaining the landscape
buffers? How well the buffers be maintained? Is the landscaping meant to hide the 10’ wall? The County
will be lax with maintaining the exterior of the facility.
Response (Jessica Harrelson): Within the 15’ buffers there is 3-5’ of space to maintain the buffers.
Maintenance items will be on the subject property and not the adjacent property. If the
property/buffers are not being maintained, code enforcement can be contacted.
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Packet Pg. 321 Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment Plan Amendment (GMPA) Collier
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comments #2 (John Welsh, 2724 Santa Barbara Blvd): There is going to be no impact to
Golden Gate Parkway for the construction of the project?
Response (Jessica Harrelson): There will be no significant negative impact to the roadway network
and that was evaluated by a traffic engineer.
x Question/Comments #3 (John Welsh, 2724 Santa Barbara Blvd): What is the foliage between the
property and the church property to the west? There are issues between the existing David Lawrence
Center and the church (paraphernalia found on the church property from self-admitted individuals to
David Lawrence Center), talk/concerns of drug and alcohol users at the proposed facility. What type of
protection does the church property have from the users of the proposed facility? Why is this not being
constructed at the Golden Gate Golf Course.
Response (Jessica Harrelson): A 10’ type ‘A’ buffer is required between non-residential uses. It will
consist of trees planted 30’ on center. The proposed site was selected by the BCC due to the proximity
of the existing DLC center and I-75.
x Question/Comments #4: (Jay Popiel, 1428 Monarch Circle): No indication of left turn from median into
the proposed facility, everyone coming from the west will need to make a U-turn at Santa Barbara and
Golden Gate.
Response (Josh Fruth): Per the current design, the project does not warrant turn lanes, the trips are
nominal. There will be a decel/ turn lane to the driveway entrance (westbound) but it hasn’t yet been
designed.
x Question/Comments #5: (Penelope Hayes, 5900 Painted Leaf Lane): Stated sign-in sheet for County
Records indicates those who sign are ‘ok’ with the project and for legal purposes attendees should state
name and opposition. Individual stated opposition to the project. Individual discussed concerns of a
‘2018’ newspaper article (2008 stated on record by individual and later corrected), concerns of the
project being located on a property zoned residential. Individual discussed current proximity of home
to project location/ details of current home/estate property, speaking to Naples Daily News/reputation
of DLC, stated that Commissioner Saunders is not on board with this project on the site, and a public
survey that was previously conducted about the site.
x Question/Comment #6: (John Anderson, 5910 Painted Leaf Lane): What benefits will ‘we’ receive as
residential neighborhoods from this?
Attendees within the audience responded with ‘more helicopters and police in backyards’.
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Packet Pg. 322 Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment Plan Amendment (GMPA) Collier
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comment #7: (Kate Balzer, 5895 Golden Gate Parkway): Individual stated opposition to
project. Expressed concerns with privacy, views from site/building into property/pool area (individual
lives directly east of the project site). Concerns with property value, height, construction, noise.
Response (Javier Salazar): Patient units, ground level and 2nd floor, will not have visibility. The
windows will be treated.
x Question/Comment #8 (Kate Balzer, 5895 Golden Gate Parkway): Will there be doors for people to get
out on the east side of the building?
Response (Javier Salazar): All open areas for the clients are contained within the perimeter of the
building/ built-in courtyards.
x Question/Comment #9 (Kate Balzer, 5895 Golden Gate Parkway): Is there any type of security?
Individual stated that are many people seen leaving the existing DLC facility all of the time, walking out
in the front. What is preventing people from coming to their side?
x Question/Comments #10 (John Welsh, 2724 Santa Barbara Blvd): Individual stated there is so much
physical walking from future patients and/or patients getting released from DLC and feels that DLC does
not do a good job helping the church property with paraphernalia.
x Question/Comment #11 (Kate Balzer, 5895 Golden Gate Parkway): Is it true a helicopter can land on the
property?
Response (Jessica Harrelson): There are no helipads proposed on this site.
Response (Josh Fruth): It’s not within the development standards, cannot be a future use, a rezone
would be needed if proposed.
x Question/Comment #12 (Debbie Landberg, 2775 64th ST SW): Individual stated opposition to project.
Individual stated over the 10 years she’s lived at her property, there have been patients released from
DLC knocking door-to-door on her street and on Painted Leaf Lane. What assurances are there for
safety?
Response (Jessica Harrelson): The building will be constructed using best practices for a behavioral
health facility. A 10’ wall and enhanced landscaping is also being provided. Access to the building is
being strategically designed so that people aren’t funneling out into the preserve area and such, and
people are leaving and coming from Golden Gate Parkway.
x Question/Comments #13: (Penelope Hayes, 5900 Painted Leaf Lane): Individual stated that there are
drug needles found on the church property, people are leaving from the existing DLC facility and issues
are currently happening (with people leaving the existing facility), expressed concerns with security and
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2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
life safety. Individual stated the previous 2018 news article (written by Scott Burgess asking for project
support) was asking the public to vote “yes” to the facility, meant for convicted criminals (not mental
health or drug patients) and the Baker Act. What happens after 72-hours? Discussed details of the
article.
Response (Jessica Harrelson): The program for the facility is in-patient care for those with mental
health and substance abuse issues, not just for convicted felons.
Response (Scott Burgess): Scott Burgess explained the Baker Act (civil process) and not everyone that
arrive by the CCSO are criminally charged. Scott stated there is a small percentage of DLC patients
that are involved in any criminal activity. Some are transported by the CCSO by a civil Baker Act based
on illness, patients are discharged after Doctors/Team/Nurses evaluate to determine the individual is
no longer a threat to self or others. Discussed process(es) for treatment and care, and details of the
article.
x Question/Comment #14 (Christine Fawcett, 2960 Painted Leaf Lane): Individual stated opposition to
project. Individual stated police have come to her door, asking her to lock her door.
x Question/Comment #15 (Gerald Valentin, 6120 Painted Leaf Lane): Individual stated home location
(north of existing David Lawrence Center), noise/lights from garbage trucks/police cars, people
screaming. Does not want additional noise.
Additional comments by unknown attendee(s) regarding noise, screaming and views from existing DLC
facility.
x Question/Comment #16 (Senior Pastor- Parkway Life Church): The Pastor spoke about relationship with
DLC, pre-existing operations, the incredible need for mental health, spoke about articles found on the
property (paraphernalia) and stated that not all items are directly related to DLC patients and has seen
growing activity on parking lot not related to DLC (proximity to I-75/growth in the community). Pastor
stated DLC has a open relationship/conversations with the Church, stated an increase in activity on the
church property has occurred over 2-3 years- shares same concerns with the community. Individual
stated that each time something has been brought to the attention of DLC, matters have been handled
professionally.
x Question/Comment #17 (John Welsh, 2724 Santa Barbara Blvd): Individual discussed property north of
existing DLC, activities at existing DLC site. Concerns with no buffer on existing DLC site.
x Question/Comment #18 (Kate Balzer, 5895 Golden Gate Parkway): Stated survey crew entered the back
area of her property without consent or acknowledgement.
Response (Jessica Harrelson): We would speak to the survey company- not typical with anyone we
work with for that type of scenario to occur.
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Packet Pg. 324 Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment Plan Amendment (GMPA) Collier
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comment #19 (5980 Painted Leaf Lane): There will be drive between the David Lawrence
Center and the back side of the church property? Property owner discussed his current ability to see
ambulances and fire trucks from his property and concerns with increased traffic flow.
Response (Jessica Harrelson): There are two (2) potential interconnections shown for future planning
purposes but not planned for construction at this time.
x Question/Comment #20 (Elizabeth Bloch, 5920 Golden Gate Parkway): Property owner stated there
have been three incidents that have occurred where patients from the David Lawrence Center have
come onto her property and feels increasing the population within the residential neighborhood will put
residents at risk. Property owner expressed concerns with patients not being transported upon
discharge and feels that David Lawrence Center can do better (providing transportation to and from the
facility). What are plans for the proposed facility’s use and how does it change the use of the existing
facility? New population? New use? Is this an expansion project?
Response (Scott Burgess): It will serve the same population (has since 1968) served those with mental
illness/conditions and substance abuse conditions. The same services will be provided with a higher
bed number and current property will potentially have some re-use (possibly children’s services) but
those details have not been finalized. It is an expansion project to add necessary beds for psychiatric
conditions and substance abuse conditions.
x Question/Comment #21 (unknown attendee): The number of those baker acted that are incarcerated
is nominal? Does not support the project within a residential neighborhood. Property owner had
situation with the sheriff’s office on her property.
x Question/Comments #22 (John Welsh, 2724 Santa Barbara Blvd): Is this facility replacing the ‘old’ David
Lawrence Center?
Response (Jessica Harrelson): The existing David Lawrence Center is to remain.
• Question/Comments #23 (John Welsh, 2724 Santa Barbara Blvd): The adults will be going to the new
facility and you may expand the old facility for youth and children?
Response (Scott Burgess): Yes, that is being considered.
x Question/Comments #24 (John Welsh, 2724 Santa Barbara Blvd): Where were the other sites proposed
(considered for this facility)? Property owner also discussed the inability to get information from Naples
Daily News without being a subscriber. Property owner questioned why this facility isn’t being proposed
at the Golden Gate Golf Course.
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Packet Pg. 325 Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment Plan Amendment (GMPA) Collier
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comments #25 (6180 Painted Leaf Lane): Property owner concerned this is no direct access
to the facility and the use of U-turns to access the site on Golden Gate Parkway. Would like to see direct
access or access through the church property.
x Question/Comments #26: (Penelope Hayes, 5900 Painted Leaf Lane): Property owner asked about the
interconnects, the potential purchase of the church property, the other sites being considered for the
facility. Property owner stated Commissioner Saunders is not in support of the facility at the subject
location and mentioned the potential of a public survey being conducted. Property owner stated
opposition to project.
Response (Jessica Harrelson): The interconnects are shown for future planning purposes, the sale of
the church property is not being considered at this time. The property is zoned Estates, but it is located
within the Golden Gate Parkway Institutional Subdistrict along with the existing David Lawrence
Center and the Parkway Life Church which were permitted through the conditional use process. The
Subdistrict allows the list of uses through the conditional use process currently.
Jessica Harrelson discussed the next steps.
x Question/Comments #27 (Unknown attendee): Where are the other sites that were being considered?
Response (Jessica Harrelson): The subject site and a couple of scenarios at the existing Collier County
Government Center. The site selection did go to the Board of County Commissioners and they ultimate
chose this subject site to be the most appropriate location.
x Question/Comments #28 (John Welsh, 2724 Santa Barbara Blvd): Property owner discussed the St.
Matthews House, opposition of the St Matthews House, and being a good neighbor. David Lawrence
Center is going to be the management group?
Response (Jessica Harrelson): The County will be owning the facility/property and perhaps there will
be a difference in how the facility is being operated, any concerns can be brought to the County’s
attention.
David Lawrence Center will lease and operate the facility, and Collier County will own and maintain
the property.
• Question/Comment #29 (Kate Balzer, 5895 Golden Gate Parkway): Once patients leave the facility they
are out of your (DLC’s) hands. Will this be the continued process with this? What is the timeline?
Response (Scott Burgess): Yes, as long as they are no longer a threat to themselves or others, they are
discharged, and they have the same legal rights as everyone.
Response (Jessica Harrelson): With this being a community priority project, as soon as possible. 12-
24 months.
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2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Response (Josh Fruth): Construction can begin as early as next year.
x Question/Comment #30 (John Welsh, 2724 Santa Barbara Blvd): If they building the facility here, will
they build the wall/buffers, for less impacts to neighbors, as a priority?
Response (Josh Fruth): Clearing and grubbing occurs first, then fill but it’s something that can be
discussed with the client- after clearing the property, the sequence of events. We cannot make a
commitment right now.
End Memo.
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Collier County Behavioral Health Center – CFPUD Application – Traffic Impact Statement – June 2022
Trebilcock Consulting Solutions, PA Page | 20 9.A.1.cPacket Pg. 332Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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47COLMAN, WILLIAM ANTHONY MARIE TERESA COLMAN BLACK 22 LANDSCAPE PARK CHURCHTOWN DUBLIN 14 IRELAND 63920000127 FCOOPER, GRAEME JOHN & ANN 16 BROOM HALL OXSHOTTSURREY KT22OJZ UNITED KINGDOM 63825003863 FCROGNALE, FRANK & GRACE 13 BUCKSTOWN TRAILCALEDON L7E 4M7 CANADA 68390004606 FCURRIE, WAYNE & VALERIE 86 GLENN AVE R.R. #1WOODSTOCK N4S 7V6 CANADA 68390005760 FDE MONTE, DANIEL D & ERIKA 179 HUMBERVALE BLVDTORONTO M8Y 3R2 CANADA 46070760004 FDIBIASE, GIOVANNI & ANTONIETTA 4 ELLSWORTH AVENUERICHMOND HILL L4C 9N9 CANADA 68390005087 FELHILALI, GLENNA AMANDA ELHILALIMONA ELHILALI SHARIF ELHILALI 8111 FOREST GLEN DR #134 NIAGRA FALLS L2H 2Y7 CANADA 27205000024 FFEENSTRA, HAROLD & HENDRIKJE 627 STAFFORD LNSEELEYS BAY K0H 2N0 CANADA 63825005065 FFLOHR, CLAUS & KERSTIN PLATANENWEG 17NORDERSTEDT 22846 GERMANY 68390006743 FFORTIER, PATRICIA 99 LYTTLETON GARDENSOTTAWA K1L 5A4 CANADA 27205000684 FFUCHS, WILHELM DORIS PACHELBEL FUCHS GOETHE STRASSE 34ECKENTAL 90542 GERMANY 63920001427 FGAGNE, MICHEL 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CIRCLENAPLES, FL 34104BERKSHIRE LANDINGS A CONDOMINIUM C/O ANCHOR ASSOCIATES, INC. 2340 STANDFORD COURTNAPLES, FL 34112CANTERBURY VILLAGE A CONDOMINIUM C/O ASSOCIA GULF COAST9887 4TH STREET NORTH, SUITE 104ST. PETERSBURG, FL 33702COLONIES AT BERKSHIRE LAKESC/O ANCHOR ASSOCIATES, INC. 2340 STANDFORD COURTNAPLES, FL 34112PARK EAST PLACE A COMMERCIAL CONDO 5239 GOLDEN GATE PKWYNAPLES, FL 34116PRESERVE AT THE SHORES AT BERKSHIRE C/O ABILITY MANAGEMENT6736 LONE OAK BLVDNAPLES, FL 34109SANTA BARBARA CLUB A CONDOMINIMUM 446 31ST AVE SWNAPLES, FL 34117WINDSOR PLACE AT BERKSHIRE LAKES C/O ABILITY MANAGEMENT6736 LONE OAK BLVDNAPLES, FL 34109POList_52809.A.1.cPacket Pg. 379Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
Dear Property Owner, July 1, 2022
The public is invited to attend a Neighborhood Information Meeting to discuss the proposed Collier County Behavioral Health Cent er
project on:
Tuesday, July 26th, 2022, beginning at 5:30p.m., at the Golden Gate Community Center, located at 4701 Golden Gate Parkway,
Naples, FL 34116 (Auditorium)
Formal applications have been submitted to Collier County seeking approval for the following:
- Planned Unit Development Rezone (PL20220002221): Requesting to rezone the properties from the Estates (E) Zoning District to
the Collier County Behavioral Health Center Community Facilities Planned Unit Development (CFPUD), to permit a Central Receiving
Facility (Group Care Facility).
- Small-Scale Growth Management Plan Amendment (PL20220002807): Requesting to amend the text of the Golden Gate
Parkway Institutional Subdistrict to allow permitted land uses through the Planned Unit Development Rezone process(currently
permitted through the Conditional Use process).
The meeting will also be available virtually (via Zoom). If you would like to obtain additional information or would like to attend the
meeting remotely, please contact the individual below.
Jessica Harrelson, AICP
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6751
Email: jharrelson@pen-eng.com
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COLLIER COUNTYBEHAVIORAL HEALTH CENTER07/2620229.A.1.cPacket Pg. 381
Civil Consultant Josh Fruth, VP Jessica Harrelson, AICP, PlannerPrime ConsultantRyan S. Richards, AIA, LEEDAPJavier Salazar, AIA Associate Healthcare ConsultantMaurizio Maso, AIAHernan Rivera, AIAAlex Jordan, AIAProject Team9.A.1.cPacket Pg. 382
ApplicationsSMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT (SSGMPA):•Amend the Subdistrict Text Language to allow uses through the Rezone processANDPLANNED UNIT DEVELOPMENT REZONE (PUDZ):•Rezone the property from Estates to a Community Facilities Planned Unit Developmentto permit a Central Receiving Facility (Group Care Facility)•Maximum 64,000 SF and•102 Patient Beds9.A.1.cPacket Pg. 383
SUBJECT PROPERTYProject SiteProperty Size:5.15-acres9.A.1.cPacket Pg. 384
Project BackgroundCollier County Behavioral Health CenterSITE SELECTION•Proximity to I-75•Proximity to theExisting DLC Facility9.A.1.cPacket Pg. 385
Existing DLC SiteParkway Life ChurchFuture CC Behavioral Health CenterZoning / Future Land Use9.A.1.cPacket Pg. 386
Site Approach-AccessAccessPOTENTIAL FUTUREINTERCONNECTSNORTH•Direct Access fromGolden Gate Parkway•Two (2) PotentialFutureInterconnects withAdjacent PropertyGolden Gate Parkway9.A.1.cPacket Pg. 387
Site Approach-PreserveRequired Preserve0.43-acresNORTHGolden Gate Parkway9.A.1.cPacket Pg. 388Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
DevelopmentAreaSite Approach-Developmentt Standards75’108’30’30’NORTH•64,000 SFMaximumAND•102 Patient Beds9.A.1.cPacket Pg. 389
Vieww fromm thee North-WestWestern Buffer-10’ Type ‘A’ Landscape BufferNorthern Buffer-15’ Enhanced Type ‘B’With a 10’ Wall9.A.1.cPacket Pg. 390
Vieww fromm thee Northh EastEastern Buffer-15’ Enhanced Type ‘B’With a 10’ WallNorthern Buffer-15’ Enhanced Type ‘B’With a 10’ Wall9.A.1.cPacket Pg. 391
AAeriall Vieww fromm thee SouthEastern Buffer-15’ Enhanced Type ‘B’With a 10’ WallSouthern Buffer-15’ Enhanced Type ‘B’9.A.1.cPacket Pg. 392
Deviations from the Land Development CodeDeviation #1seeks relief from LDC Section 5.03.02.D.1 “Maximum Fence and WallHeight,” which permits a maximum fence/wall height of 8’ for commercialdevelopments, to instead allow a maximum wall height up to 10’ for the CFPUD.Deviation #2seeks relief from LDC Section 5.05.04.C “Group Housing,” whichrequires a 500’ separation between group housing facilities, to instead allow a±330’ separation between the proposed Collier County Behavioral Health Centerand the existing David Lawrence Center.Deviation #3seeks relief from LDC Section 3.05.07.H.1h.iii. “Wall Setbacks from Preserves,”which requires decorative walls to provide a minimum 5’ setback from preserve boundaries,to instead allow the perimeter buffer walls along the northern and eastern propertyboundaries to provide a 2’ setback from preserve boundaries.9.A.1.cPacket Pg. 393
Developer CommitmentsGENERALOne entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, theManaging Entity isCollier County. Should the Managing Entity desire to transferthemonitoringandcommitmentstoasuccessorentity,thenitmustprovideacopy ofalegally bindingdocumentthatneedstobeapprovedforlegalsufficiencybytheCounty Attorney.After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entityshall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shallnot berelieved of its responsibility under this Section.Whenthe PUDis closed-out,then the ManagingEntity is no longer responsiblefor the monitoringandfulfillment of PUDcommitments.Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if theapplicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.” (Section 125.022,FS)All other applicablestateor federal permits must be obtainedbeforecommencementof the development.TRANSPORTATIONThe maximum total daily trip generation for the proposed CFPUD shall not exceed 139 two-way PM peak hour net new trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision platapproval.ENVIRONMENTAL- Thepreservationrequirement shall be 10%of the existing nativevegetationon-site.(4.3-acresof existing native vegetation x 10% = 0.43-acrepreserve requirement)-Preserves may be used to satisfy the landscape buffer requirement after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05 E.1. Supplemental plantings with native vegetation materials shall be in accordance with LDC Section3.05.07. In order to meet the requirements of a Type ‘B’ buffers within the CFPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by the owner(s) at the time of SDP or plat approval. In the event that the preservedoes not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6’ wide reservation to meet buffer requirements. The type, size and number of such planting, if necessary, will bedetermined at time of initial SDP or plat and include on the landscape plans for the SDP or plat.-At time of development review,a BlackBearManagement Planand the EasternIndigo SnakeProtectionPrecautionswill be provided, if necessary.LIGHTINGNewly installed site lighting shall be Dark Skies compliant to protect neighboring residential properties from direct glare.UTILITIESAt the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water and/or wastewater collection/transmission system may be required toadequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvementand/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for suchimprovements and/orupgrades.”LANDSCAPING-An enhanced 15’ Type ‘B’ Buffer shall be provided along the northern and eastern PUD boundaries, as depicted in Exhibit F-1. The enhancement shall consist of a single row of canopy trees, which shall be a minimum of 12’-14’ in height at time of planting; asingle row of understory trees, which shall be a minimum of 8’ in height at time of planting and shall be spaced 25’ on center (alternating the canopy treespacing); and a 10’ solid wall. 100% of the trees and hedge plantings shall be located on the external side ofthe wall,so that the plantingsarevisiblefromabuttingresidential development.-An enhanced 15’ Type ‘B’ Buffer shall be provided along the southern PUD boundary, as depicted in Exhibit F-2. The enhancement shall consist of a single row of canopy trees, which shall be a minimum of 12’-14’ in height at time of planting; and a single row ofunderstory trees,whichshall be a minimum of 8’ in height at time of planting and shall be spaced25’oncenter (alternatingthe canopytree spacing).-Five (5)PondCypressTreesandfive (5)DahoonHollies (orthe like) shall be installed withinthe watermanagementareaadjacentto the enhancedType ‘B’buffer along the southernPUDboundary,asdepicted in Exhibit F-3.9.A.1.cPacket Pg. 394
Traffic Impact Statement- Traffic Impact Statement concludes that theproposed project creates nosignificant impactson the adjacent roadway segments.9.A.1.cPacket Pg. 395
Environmentall Assessment- No Listed Species observed on-site- One ‘less rare’ air plant identified & ifrequired will be relocated.9.A.1.cPacket Pg. 396
Visioning9.A.1.cPacket Pg. 397
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Nextt StepsSSGMPA & PUDZ Applications are in review with County StaffPublic Hearings to be scheduled upon Application SufficiencyMailed Notice from Collier CountySigns will be posted on-siteAd will be published1stHearing- Planning Commission (Recommendation to the Board)2ndHearing-Board of County Commissioners (Final Action)Construction Permits9.A.1.cPacket Pg. 407
ContactCONTACT-PENINSULA ENGINEERING:JESSICA HARRELSON,AICP- JHARRELSON@PEN-ENG.COM 239.403.6751CONTACT-COLLIER COUNTY:TIMOTHY FINN TIMOTHY.FINN@COLLIERCOUNTYFL.GOV239.252.4312PARKER KLOPF PARKER.KLOPF@COLLIERCOUNTYFL.GOV239.252.24719.A.1.cPacket Pg. 408
9.A.1.cPacket Pg. 409Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
9.A.1.cPacket Pg. 410Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment
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Packet Pg. 412 Attachment: 2022-09-09-GMPA-CCPC BACK UP MATERIALS (23803 : PL20220002807 Growth Managment Plan Amendment (GMPA) Collier
11/17/2022
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.2
Doc ID: 23799
Item Summary: *** This Item was Continued from the 10/6/2022 CCPC Meeting to the 10/20/2022 CCPC
Meeting, further continued to the 11/3/2022 CCPC Meeting and has now been continued to the 11/17/22 CCPC
Meeting*** PL20220002221 - Collier County Behavioral Health Center CFPUD (PUDZ) - 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 p roperty from an Estates (E) Zoning District within
the Corridor Management Overlay District (CMO) to a Community Facilities Planned Unit Development (CFPUD)
within the Corridor Management Overlay District (CMO) for a project to be known as Collier County B ehavioral
Health Center Community Facilities Planned Unit Development to allow a 64,000 square foot maximum group care
facility with up to 102 patient beds on property located on the north side of Golden Gate Parkway and 1/2 mile west
of Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting
of 5.15+/- acres; and by providing an effective date. (Companion item PL20220002807) [Coordinator: Timothy
Finn, AICP, Principal Planner]
Meeting Date: 11/17/2022
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
11/01/2022 3:41 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
11/01/2022 3:41 PM
Approved By:
Review:
Planning Commission Diane Lynch Review item Skipped 11/01/2022 3:41 PM
Growth Management Operations & Regulatory Management Diane Lynch Review Item Skipped
11/01/2022 3:41 PM
Zoning Diane Lynch Review Item Skipped 11/01/2022 3:41 PM
Zoning Diane Lynch Review Item Skipped 11/01/2022 3:41 PM
Zoning Mike Bosi Division Director Completed 11/07/2022 1:54 PM
Growth Management Department James C French GMD Deputy Dept Head Completed 11/09/2022 11:51 PM
Planning Commission Ray Bellows Meeting Pending 11/17/2022 9:00 AM
9.A.2
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PUDZ-PL20220002221; Collier County Behavioral Health Center - 1 -
SUPPLEMENTAL STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 3, 2022
SUBJECT: PUDZ-PL20220002221; COLLIER COUNTY BEHAVIORAL HEALTH
CENTER
COMPANION ITEM: PL20220002807/SMALL SCALE GROWTH MANAGEMENT PLAN
AMENDMENT – COLLIER COUNTY BEHAVORIAL HEALTH CENTER
Owner: Contract Purchaser: Agent:
David Lawrence Mental Collier County, a Political Jessica Harrelson, AICP
Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Subdivision of the
State of Florida
3301 Tamiami Trail E
Naples, FL 34112
Peninsula Engineering
2600 Golden Gate Pkwy.
Naples, FL 34105
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone property from an Estates (E) zoning district within the Corridor Management
Overlay District (CMO) to a Community Facilities Planned Unit Development (CFPUD) within
the Corridor Management Overlay District (CMO) for a project to be known as Collier County
Behavioral Health Center CFPUD. This petition seeks to rezone the property to CFPUD to allow a
64,000 square foot maximum group care facility with up to 102 patient beds. The subject property
is composed of one parcel.
PROJECT STATUS:
The CCPC heard the Collier County Behavioral Health Center CFPUD and its small-scale growth
management plan amendment at its October 20, 2022 meeting. The petition was continued
because the CCPC requested further discussions among the surrounding neighbors, the owner,
contract purchaser, and the agent to resolve issues and develop additional conditions of approval
concerning discharging people from the proposed David Lawrence Center. The CCPC requested
that the item be heard at the November 3, 2022 Planning Commission meeting.
9.A.2.a
Packet Pg. 414 Attachment: Supplemental Staff Report - Collier County Behavorial Health Center CFPUD (23799 : PL20220002221 Collier County Behavioral
2
The Growth Management Department Review Staff recommendation remains the same as noted in
the previous staff report dated October 6, 2022. Analysis indicates that this PUD is consistent
with the Growth Management Plan (GMP) and is compatible with the surrounding neighborhood.
Staff recommends that the CCPC forward the Collier County Behavioral Health Center PUD to
the Board of County Commissioners (BCC) with a recommendation of approval.
ATTACHED INFORMATION:
The staff report, prepared ordinance, opposition letters, and backup materials from the October 20,
2022 Planning Commission meeting is attached.
9.A.2.a
Packet Pg. 415 Attachment: Supplemental Staff Report - Collier County Behavorial Health Center CFPUD (23799 : PL20220002221 Collier County Behavioral
PUDZ-PL20220002221; Collier County Behavioral Health Center Page 1 of 16
Revised: September 7, 2022
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 6, 2022
SUBJECT: PUDZ-PL20220002221; COLLIER COUNTY BEHAVIORAL HEALTH
CENTER
COMPANION ITEM: PL20220002807/SMALL SCALE GROWTH
MANAGEMENT PLAN AMENDMENT – COLLIER COUNTY
BEHAVORIAL HEALTH CENTER
______________________________________________________________________________
Owner: Contract Purchaser: Agent:
David Lawrence Mental Collier County, a Political Jessica Harrelson, AICP
Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Subdivision of the
State of Florida
3301 Tamiami Trail E
Naples, FL 34112
Peninsula Engineering
2600 Golden Gate Pkwy.
Naples, FL 34105
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone the property from an Estates (E) zoning district within the Corridor
Management Overlay District (CMO) to a Community Facilities Planned Unit Development
(CFPUD) within the Corridor Management Overlay District (CMO) for a project to be known as
Collier County Behavioral Health Center CFPUD. The subject property is composed of one parcel.
GEOGRAPHIC LOCATION:
The subject property is located on the north side of Golden Gate Parkway and ½ mile west of Santa
Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida,
consisting of 5.15+/- acres (see location map on page 2).
PURPOSE/DESCRIPTION OF PROJECT:
This petition seeks to rezone the property to CFPUD to allow a 64,000 square foot maximum group
care facility with up to 102 patient beds.
9.A.2.b
Packet Pg. 416 Attachment: Staff Report - Collier County Behavorial Health Center CFPUD (23799 : PL20220002221 Collier County Behavioral Health Center
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Revised: September 7, 2022
9.A.2.bPacket Pg. 417Attachment: Staff Report - Collier County Behavorial Health Center CFPUD (23799 : PL20220002221
PUDZ-PL20220002221; Collier County Behavioral Health Center Page 3 of 16
Revised: September 7, 2022
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses, zoning classifications, and maximum
approved densities for properties surrounding boundaries of Collier County Behavioral Health
Center CFPUD:
North:
Developed single-family residential, with a current zoning designation of
Estates (E) zoning district
East: Developed single-family residential, with a current zoning designation of
Estates (E) zoning district within the Corridor Management Overlay District
(CMO)
South: Golden Gate Pkwy, a six-lane arterial roadway, then developed single-family
residential, with a current zoning designation of Estates (E) zoning district
within the Corridor Management Overlay District (CMO)
West: Parkway Life Church, with a current zoning designation of Estates (E) zoning
district within the Corridor Management Overlay District (CMO)
Aerial (Collier County Property Appraiser)
9.A.2.b
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Revised: September 7, 2022
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): According to the Future Land Use Element (FLUE) the
subject property is designated as Urban Estates (Estates – Mixed Use District, Golden Gate
Parkway Institutional Subdistrict) as identified on the Golden Gate Area Master Plan (GGAMP)
Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP). Non-
residential development is allowed in the Golden Gate Parkway Institutional Subdistrict subject to
Conditional Use approval. The Golden Gate Parkway Institutional Subdistrict allows for
Neighborhood churches and other places of worship, Group Care Facilities, Nursing homes, and
assisted living facilities associated with the David Lawrence Center model homes, Essential
services as set forth in Section 2.01.03 of the Collier County Land Development Code (LDC),
Private schools associated with the David Lawrence Center or Parkway Community Church of
God, Day care centers associated with the David Lawrence Center or Parkway Community Church
of God, and Medical offices associated with the David Lawrence Center through conditional use
(CU) approval. The subject site is not eligible for commercial zoning.
The proposed PUD does not change, add, or remove any uses already permitted through the CU
process; however, only the CU process is available in the Subdistrict. Therefore, to allow this
PUD rezoning, the applicant has a companion GMP amendment petition (PL20220002807) to
amend the Golden Gate Parkway Institutional Subdistrict in the GGAMP to change the approval
method to include the planned unit development rezoning process to allow more flexibility in the
current development process and for any future changes.
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 GMP Amendment.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 6, 2022,
Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP) using the current 2021 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 petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently 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 traffic impact statement reveals that any of the following
occur:
9.A.2.b
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Revised: September 7, 2022
a. For links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic 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 a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s significant
impacts on all roadways.”
Staff has evaluated the TIS submitted with the proposed petition and has found that the proposed
Collier County Behavioral Health Center will add +/- 139 PM peak hour two-way trips on the
adjacent roadway network. The additional trips will impact the following roadway network links:
Link
#
Roadway Link Location 2021
AUIR
Existing
LOS
P.M. Peak
Hour Peak
Direction
Service
Volume/Peak
Direction
2021 AUIR
Remaining Capacity
20.2 Golden
Gate
Parkway
Livingston Road
to I-75
D 3,550/East 340
21.0 Golden
Gate
Parkway
I-75 to Santa
Barbara
Boulevard
C 3,300/East 1,366
22.0 Golden
Gate
Parkway
Santa Barbara
Boulevard to
Collier Boulevard
D* 1,980/East 230
76.0 Santa
Barbara
Boulevard
Golden Gate
Parkway to Green
Boulevard
C 2,100/North 560
77.0 Santa
Barbara
Boulevard
Golden Gate
Parkway to Radio
Road
C 3,100/North 926
*Segment is designated as “Constrained” by policy of the BCC.
Staff notes that the roadway network has sufficient capacity to accommodate the proposed Health
Center development. Additionally, the project is located within the East Central, Transportation
Concurrency Management Area (TCMA) which currently operates with 100% of the lane miles
meeting the minimum required standards. Therefore, the proposed development is consistent with
Policy 5.1 of the Transportation Element of the Growth Management Plan within the 5-year
planning period, Transportation Planning staff recommends approval of the request.
9.A.2.b
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Revised: September 7, 2022
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation and Coastal Management Element
(CCME). The project site consists of 4.34 acres of native vegetation. A minimum of 0.43 acres
(10%) of native vegetation is required to be preserved.
GMP Conclusion: The proposed PUD is inconsistent with the GMP unless the Board approves
the companion GMPA first or concurrent with the PUD and the uses and intensities align.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in Land Development Code
(LDC) Section 10.02.13.B.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 concerns. The required preserve is 0.43 acres (10% of 4.34 acres); the Master
Concept Plan provides for a 0.43-acre preserve onsite. No listed animal species were observed on
the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife
data indicate the presence of Black Bear (Ursus americanus floridanus) in the area. Additionally,
the site contains suitable habitat for other species, including Big Cypress Fox Squirrels (Sciurus
niger avicennia), Florida Bonneted Bat (Eumops floridana), and Eastern Indigo Snake
(Drymarchon corais couperi). Surveys indicated no fox squirrel nests were observed onsite. A
Bonneted Bat survey confirmed no tree cavities were occupied; additional observations will be
needed prior to the approval of an SDP, PPL, or Early Work Authorization. Management plans
for Black Bear and Eastern Indigo Snake will need to be included in PPL or SDP review. Stiff-
leafed wild pine (Tillandsia fasciculata), listed as a less rare plant, has been observed on the
property and will be protected in accordance with LDC 3.04.03. The Environmental Planning staff
recommends approval of the proposed project.
Transportation 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 Golden
Gate wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and
wastewater services are available via existing infrastructure within the adjacent right-of-way.
Sufficient water and wastewater treatment capacities are available. Any improvements to the
CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the
project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at
no cost to the County at the time of utility acceptance.
9.A.2.b
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Revised: September 7, 2022
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 labeled on the Master
Plan meet or exceed the code. The applicant is committing to provide enhanced buffers along
Golden Gate Parkway and where abutting residential properties to the North and East. The
plantings in these buffers will meet the standards described in section 6 of the Developer
Commitments and Exhibits F-1 and F-2. Enhancements for the North and East buffers include a
row of understory trees staggered with the required buffer canopy trees at 25’ spacing and the
buffer canopy trees will be a minimum of 2’ taller than the code minimum. The spacing of the
canopy trees in the South buffer will be 5’ less than the code minimum. These trees will also be a
minimum of 2’ taller than the code minimum. The shrubs in the South buffer will be 3’ taller than
the code minimum and there will be a row of understory trees in addition to the buffer canopy
trees. Supplemental trees will also be provided in the water management area behind the South
buffer.
Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and
the LDC and recommends approval of this project.
Zoning Services Review: Staff has evaluated the proposed uses and development standards such
as building heights, setbacks, landscape buffers, open space, and consistency with the Corridor
Management Overlay District (CMO) - LDC Section 4.02.24. The amount of allowable square
footage being requested is 64,000 SF, including up to 102 patient beds under the land use
designation of, “Group Care Facilities (Categories I and II),” to permit a Central Receiving Facility
(in-patient care facility) and a Group Care Facility to serve persons experiencing an acute mental
health or substance crisis. The activities will include an emergency services assessment center,
Medicare inpatient, crisis stabilization units, detox units, a kitchen and cafeteria,
offices/conference rooms, common spaces, and outdoor areas. The property is within the Golden
Gate Parkway Institutional Subdistrict which permits through the conditional use process the
following institutional uses:
• Neighborhood churches and other places of worship.
• Group care facilities (Categories I and II)
• Nursing homes and assisted living facilities associated with the David Lawrence Center.
• Essential services as set forth in Section 2.01.03 of the Collier County Land Development
Code, Ordinance No. 04-41, as amended.
• Private schools associated with the David Lawrence Center or Parkway Community Church
of God, for Tracts 43, 50, and 59 only.
• Daycare centers associated with the David Lawrence Center or Parkway Community Church
of God.
• Medical offices associated with the David Lawrence Center.
The companion small-scale growth management plan amendment (GMPA-PL20220002807) to
the Golden Gate Area Master Plan (GGAMP) is intended to also allow the above-listed land uses
through the PUD rezone process. Such a request is consistent with the Mental Health and Addiction
9.A.2.b
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Revised: September 7, 2022
Services 5-Year Strategic Plan, developed by the Collier County Mental Illness and Addiction Ad
Hoc Advisory Committee and adopted by the Board of County Commissioners in December 2019.
The northern, western, and eastern setbacks are generally the same between the proposed PUD
and the Estates zoning district. The southern PUD setback (front setback) does provide additional
distance as this includes 83 feet of right-of-way, utility, and drainage easements. It should be noted
that the proposed height for the PUD is higher than the maximum 30 feet height allowed by the
Estates zoning district. To mitigate this height variation the developer is offering enhanced buffers
along Golden Gate Parkway and where abutting residential properties to the North and East as
shown in Section 6 of the Developer Commitments and Exhibits F-1 and F-2. Furthermore, the
developer will offer enhanced privacy for the surrounding properties by providing the windows of
the patients’ rooms be opaque to impede clear visibility from and into the rooms from ground level
as shown in Section 7.A of the Developer Commitments. It should also be noted that these
landscape and window enhancements were commitments at the NIM and therefore were
incorporated into the PUD document.
Corridor Management Overlay District (CMO) - Consistency with LDC Section 4.02.24.
Below are the regulations and staff responses to each regulation per the Corridor Management
Overlay District (CMO) - LDC Section 4.02.24:
A. Required setbacks.
1. Goodlette-Frank Road. Fifty feet.
Response: Not applicable as this property is along Golden Gate Parkway.
2. Fifty feet for the first floor of all commercial development , 100 feet for the first floor of all
other development except for properties zoned estates district (E), which shall be set back 75
feet.
Response: The proposed setback from Golden Gate Parkway is 108 feet for a principal use.
3. As building height increases, the front yard setback shall be increased by 25 feet for eac h
additional floor or buildings shall be stepped back to provide a vertical slope setback of 2 to 1.
Single-family residence development shall be exempt from this provision.
Response: The actual height proposed for this PUD is 53 feet, limited to 2-stories; therefore, 50
feet would be required for this front yard setback . The proposed setback from Golden Gate
Parkway is 108 feet.
B. Two-way ingress and egress shall be a minimum of 330 feet from the
nearest street intersection (measured from inters ecting right-of-way lines). One-way ingress and
egress shall be a minimum of 150 feet from the nearest intersection. If a property abuts a
side street except that if the property is 5 acres or less in size, access shall be limited to the
side street.
9.A.2.b
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Response: Not within 330 feet of any street intersection.
C. Golden Gate Parkway. Property identification signs shall not be higher than 4 feet above the
ground or exceed 60 square feet per side in size. Post -mounted signs shall not be
allowed. Signs shall be set back a minimum of 15 feet from the road right-of-way
Response: The signage provisions are enforced at the time of sign permitting.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states, “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”:
1. The suitability of the area for the type and pattern of development proposed in
relation to the physical characteristics of the land, surrounding areas, traffic and
access, drainage, sewer, water, and other utilities.
Water and wastewater mains are available along Golden Gate Parkway. There are adequate
water and wastewater treatment capacities to serve the project. Any improvements to the
CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve
the project will be the responsibility of the owner/developer and will be conveyed to the
CCWSD at no cost to the County at the time of utility acceptance.
The type and pattern of development proposed should not have a negative impact on any
physical characteristics of the land, the surrounding areas, traffic and access, drainage,
sewer, water, and other utilities. Furthermore, this project, if developed, will be required
to comply with all county regulations regarding drainage, sewer, water, and other utilities
pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. Water distribution and
wastewater transmission mains are available along Golden Gate Parkway, and there are
adequate water and wastewater treatment capacities to serve the proposed PUD.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, parti cularly
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 Attorney’s
Office, demonstrate unified control of the property.
3. 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 or the companion SSGMPA within the
GMP Consistency portion of this staff report (or within an accompanying memorandum).
9.A.2.b
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Revised: September 7, 2022
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on the location of improvements, restrictions on design, and
buffering and screening requirements.
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. Please, see
the Zoning Services section of this report for a detailed analysis.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of ensuring the adequacy of
available improvements and facilities, both public and private.
Water and wastewater mains are available along Golden Gate Parkway. There are adequate
water and wastewater treatment capacities to serve the project. Any improvements to the
CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve
the project will be the responsibility of the owner/developer and will be conveyed to the
CCWSD at no cost to the County at the time of utility acceptance.
The roadway infrastructure is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at the
time of the first development order (SDP or Plat), 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.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Water and wastewater mains are available along Golden Gate Parkway. There are adequate
water and wastewater treatment capacities to serve the project. Any improvements to the
CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve
the project will be the responsibility of the owner/developer and will be conveyed to the
CCWSD at no cost to the County at the time of utility acceptance.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on a determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to the literal application of
such regulations.
Three deviations are proposed in connection with this request to rezone to CFPUD. See the
9.A.2.b
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deviations section of the staff report beginning on page 14.
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 the proposed change in relation to the
following when applicable.”
1. Whether the 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.
Comprehensive Planning staff determined the subject petition is consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP if the companion
SSGMPA is adopted.
2. The existing land use pattern.
The existing land use pattern 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.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The subject parcels are of sufficient size and therefore will not result in an isolated district
unrelated to adjacent and nearby districts. It is also comparable with expected land uses
by virtue of its consistency with the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The boundary of the CFPUD logically follows the external boundary of the parcels
assembled for the rezoning.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change 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.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Staff is of the opinion that the proposed PUD Rezone is consistent with the County’s land
use policies that are reflected by the FLUE of the GMP if the companion SSGMPA is
adopted. Development in compliance with the proposed PUD rezone should not adversely
impact living conditions in the area.
9.A.2.b
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7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The roadway infrastructure has sufficient capacity to serve the proposed project.
8. Whether the proposed change will create a drainage problem.
The proposed development will not create a drainage problem. Furthermore, the project is
subject to the requirements of Collier County and the South Florida Water Management
District.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The PUD Document provides adequate property development regulations to ensure light
and air should not be seriously reduced to adjacent areas. The Master Plan further
demonstrates that the locations of proposed preserve and open space areas should further
ensure light and air should not be seriously reduced in 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
of adjacent property in accordance with existing regulations.
All properties surrounding the subject property are developed, as previously noted. The
basic premise underlying all of the development standards in the LDC is that sound
application, when combined with the site development plan approval process and/or
subdivision process, gives reasonable assurance that a change in zoning will not result in
deterrence to improvement or development of the adjacent property. Therefore, the
proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If 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 the 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
9.A.2.b
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Revised: September 7, 2022
to be a public welfare relationship because actions consistent with plans are in the public
interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The proposed uses and development standards cannot be used in accordance with the
existing zoning classification.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
It is staff’s opinion the proposed PUD rezone is not out of scale with the needs of the
neighborhood or County.
15. 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.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
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.
17. The impact of development on the availability of adequate public facilities and
services is consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The development will have to meet all applicable criteria set forth in the LDC regarding
Adequate Public Facilities. The project must also be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities. This petition has been
reviewed by county staff that is responsible for jurisdictional elements of the GMP as part
of the rezoning process, and staff has concluded that the developer has provided
appropriate commitments so that the impacts to the Level of Service (LOS) will be
minimized.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
9.A.2.b
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Revised: September 7, 2022
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: (Wall Height)
“Deviation #1 seeks relief from LDC Section 5.03.02.D.1, Maximum Fence and Wall Height,
which permits a maximum fence/wall height of 8’ for commercial developments, to instead allow
a maximum wall height up to 10’ for the CFPUD.”
Petitioner’s Justification:
The request to increase the permitted maximum wall height from 8’ up to a maximum of 10’ is at
the request of adjacent property owners, made during the initial public outreach meeting held on
May 4, 2022. The increase in wall height will mitigate light, headlight glare, and noise which may
emanate from the proposed facility. The wall will serve as a barrier, along with required landscape
buffers, to adjacent single-family development.
Staff 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 the literal application of
such regulations.”
Proposed Deviation #2: (Separation of Group Housing Facilities)
“Deviation #2 seeks relief from LDC Section 5.05.04.C, Group Housing, which requires a 500’
separation between group housing facilities, to instead allow a ±330’ separation between the
proposed Collier County Behavioral Health Center and the existing David Lawrence Center.”
Petitioner’s Justification:
The proposed Collier County Behavioral Health Center is located ±330’ east of the existing David
Lawrence Center (DLC). Through a Long-Term Lease and Operating Agreement (OR Book 5957/
Page 2210), DLC will grant the subject property to Collier County, the County will construct the
proposed behavioral health center and DLC will operate and lease the facility from the County.
Therefore, the proposed facility will be an extension of the existing DLC site. Allowing the
proposed facility to be located on the subject property will create synergy between the two
facilities, allowing DLC operations to run more efficiently. In addition, the subject property is
proximate to I-75, which is beneficial to the Collier County Sheriff’s Office and EMS. Refer to the
attached Separation Exhibit.
Staff 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
9.A.2.b
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“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 the literal application of
such regulations.”
Proposed Deviation #3: (Wall Setbacks from Preserves)
“Deviation #3 seeks relief from LDC Section 3.05.07.H.1.h.iii, Wall Setbacks from Preserves,
which requires decorative walls to provide a minimum 5’ setback from preserve boundaries, to
instead allow the perimeter buffer walls along the northern and eastern property boundaries to
provide a 2’ setback from preserve boundaries.”
Petitioner’s Justification:
An enhanced 15’ Type ‘B’ buffer, consisting of a 10’ solid wall and above code minimum plant
material, is being provided adjacent to single-family residential development to address
compatibility with the adjacent use. The setback reduction is necessary so that 100% of the
plantings within the buffer can be provided on the external side of the wall, while retaining the
ability to meet the 10% on-site retained native vegetation requirement with the proposed design.
Current plans of the wall do not require trenching for construction of the wall, and with
appropriate barrier installation along the preserve limit in advance of construction, the 2’ setback
is anticipated to provide ample space to prevent damage to the existing vegetation within the
preserve during construction. A preserve restoration plan will be provided at time of SDP, if
deemed necessary. The setback reduction does not negatively affect public health, safety or
welfare, but rather provides a public benefit by concurrently maximizing the proposed use and
accommodating the compatibility of adjacent uses.
Staff Analysis and Recommendation: Environmental Planning staff recommends APPROVAL
for the proposed deviation request. The reduction in the setback will allow the landscape buffer,
including trees and hedges, to be planted outside the wall; this will address compatibility between
the facility and the neighboring residential development. The proposed construction design of the
wall is not anticipated to negatively impact existing preserve vegetation. However, a restoration
plan will be provided as part of the SDP to ensure the opacity requirements of the preserve are
met.
Zoning staff concurs with the Environmental Planning analysis and 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 the literal application of
such regulations.”
JULY 26, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on July 26, 2022, at the Golden Gate Community Center, located
at 4701 Golden Gate Parkway in Naples. The meeting commenced at approximately 5:30 p.m.
and ended at 6:50 p.m. The applicant’s agent explained the request for the proposed rezone and
the companion small-scale growth management amendment.
9.A.2.b
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Revised: September 7, 2022
Jessica Harrelson, the agent, gave a PowerPoint presentation about the proposed Collier County
Behavioral Health Center. She said the BCC had deemed this location as the most appropriate for
this center. The meeting was opened up to the attendees and had the following concerns: buffers,
impacts on Golden Gate Parkway during construction, protection from church property,
compatibility issues regarding landscape buffers and visibility from the building into the neighbors'
properties, negative impacts on surrounding property values, security issues, drug paraphernalia,
helicopter landing, Baker Act relating to the David Lawrence Center, screaming people, noise,
potential access routes, differences between the old and new properties, patients walking onto the
residential properties after they are released, traffic and U-turns off Painted Leaf Lane, and access
between neighboring properties. It should be noted that many NIM attendees are opposed to this
project. Jessica Harrelson then explained the hearing process and reiterated that at a BCC meeting
during the site selection process the BCC had preferred this site and Collier County will own and
maintain the property. There were commitments concerning enhanced landscape buffering and
windows at the proposed facility. It should be noted that these commitments were incorporated
into the PUD document in Sections 6 and 7 of the Developer Commitments (Exhibit F). The NIM
summary, PowerPoint presentation, and sign-in sheet are included in the CCPC backup materials.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This project does require Environmental Advisory Council (EAC) review, as this project does meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Code of Laws and Ordinances. Specifically, a deviation is being requested to allow a
reduction in the setback of a wall to the preserve along the property boundary.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on September 7, 2022.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of
approval.
Attachments:
A) Proposed Ordinance
B) Opposition Letters
C) Application/Backup Materials
9.A.2.b
Packet Pg. 431 Attachment: Staff Report - Collier County Behavorial Health Center CFPUD (23799 : PL20220002221 Collier County Behavioral Health Center
9.A.2.c
Packet Pg. 432 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 433 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 434 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 435 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 436 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Packet Pg. 437 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.cPacket Pg. 438Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral
9.A.2.c
Packet Pg. 439 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Packet Pg. 440 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 441 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.c
Packet Pg. 442 Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.cPacket Pg. 443Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral
9.A.2.cPacket Pg. 444Attachment: Attachment A - Proposed Ordinance (23799 : PL20220002221 Collier County Behavioral
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Wednesday, May 11, 2022 10:09 AM
To: FinnTimothy
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes;
magicalmassage@gmail.com; BellowsRay; Jessica Harrelson;
thomasdoerr44@gmail.com
Subject: Re: proposed Collier County Behavior Health Facility in our backyard: a
proposal that requires site rezoning from "residential" to "institutional", a
rezoning that the residential community strongly opposes
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.
Good to know, however may you please introduce yourself with your name and title, as we do not know
who you are. Also who is “the agent“ and their name, title, and email address so that we may get our
questions answered?
Our questions are below and we await responses from you and the agent.
Thank you,
Penelope
www.PenelopeJeanHayes.com
Sent from my iPhone.
From: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Sent: Wednesday, May 11, 2022 10:04 AM
To: Penelope Jean Hayes <pen@1penelope.com>
Cc: jsanderson4@aol.com <jsanderson4@aol.com>; kate.balzer@premiersir.com
<kate.balzer@premiersir.com>; Burt Hayes <burth9876@gmail.com>; magicalmassage@gmail.com
<magicalmassage@gmail.com>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Jessica Harrelson
<jharrelson@pen-eng.com>; thomasdoerr44@gmail.com <thomasdoerr44@gmail.com>
Subject: RE: proposed Collier County Behavior Health Facility in our backyard: a proposal that requires
site rezoning from "residential" to "institutional", a rezoning that the residential community strongly
opposes
Hi Penelope,
I am not the man you are referencing that was in attendance at this meeting. Any opposition to this
petition can be directed either to the agent or myself.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Wednesday, May 11, 2022 9:38 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
9.A.2.d
Packet Pg. 445 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>;
magicalmassage@gmail.com; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Jessica Harrelson
<jharrelson@pen-eng.com>; thomasdoerr44@gmail.com
Subject: proposed Collier County Behavior Health Facility in our backyard: a proposal that requires site
rezoning from "residential" to "institutional", a rezoning that the residential community strongly
opposes
Importance: High
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.
Hello, Mr. Finn,
Re: Opposition to the rezoning from “residential” to “institutional” of the land attached to our backyard
for the purpose of a second DLC mental health and drug rehabilitation institution in our neighborhood.
Our expressed concerns are outlined in the email at page bottom (as well as reported verbally at first
public meeting) and detail our life safety concerns given the proven track record of escaped patients
from the current DLC , trespassing on our properties over the years and very recently.
While we do appreciate you getting back to us, will “the agent” be contacting us—soon—to answer our
questions from the email below? At the first meeting, when we asked questions we were told to email
you/the County with our concerns. After we did email you, it seems you are saying to take our concerns
to the next meeting. By the time of the next meeting, the project would already have invested in
architectural drawings designed for this specific property. As a group that will be opposing this
institution in our residential community, waiting until the next meeting will not do. What is your
obligation to respond to our questions and when will we hear back from you or “the agent” to answer
our initial questions?
We also have concerns for the devaluation of our properties if a second DLC goes forward attached to
our properties. This we will address after we get answers to our first questions.
To be sure of who we are speaking to, because you did not sign off in your email below—this is Ed Finn,
correct? The man who approached us at the end of the first meeting? You said you were there as a
resident, even though you live at Livingston Road. Same man? In that conversation, you told us that we
“shouldn’t fight the current” on this because the project is indeed going forward in our backyard. From
that we garner that we need to escalate our opposition, immediately.
Firstly, we’d like to note that our neighbors, Paul and Cathy Schenk of 5890 Painted Leaf Lane, did not
receive a notice of the first meeting; their property is attached by a corner to the proposed second DLC
institution; conversely, you are 6.8 miles away, yet attended the meeting as a resident. At that meeting,
it was said that all residents within a mile of the site will be notified of all meetings; your email here says
“notices will be sent out to all property owners within 500 feet of the subject property by the agent.”
Given the size of our properties, 500 feet would only include those immediate to the site and would
exclude the community affected. Which number is correct?
9.A.2.d
Packet Pg. 446 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
At the first meeting, you told our group of four who you approached, that this (the second DLC) was
your project, though you did not introduce yourself publicly. You also said that the County ordered the
project. Is the County who ordered the project, the very same public entity that is responsible to
approve rezoning the property from residential to institutional? If so, we have a problem.
In responding, please do not respond to me; kindly address the group of residents.
Thank you,
Golden Gate/Painted Leaf Lane Residential Community
From: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Date: Tuesday, May 10, 2022 at 11:54 AM
To: "pen@1penelope.com" <pen@1penelope.com>
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>,
"magicalmassage@gmail.com" <magicalmassage@gmail.com>, BellowsRay
<Ray.Bellows@colliercountyfl.gov>, Jessica Harrelson <jharrelson@pen-eng.com>
Subject: RE: Collier County Behavior Health Facility
Hi Penelope,
Thank you for sending this information. We will coordinate with the agent on these concerns. Please
note as part of this petition, a Neighborhood Information Meeting (NIM) will be required and members
of the public can attend and voice their concerns. NIM meetings are scheduled after the completion of
the first submittal by County staff. As of today, the agent has not submitted documents to the County
for the first submittal. When the NIM is scheduled, public notices will be sent out to all property owners
within 500 feet of the subject property by the agent.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Tuesday, May 10, 2022 11:29 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>;
magicalmassage@gmail.com
Subject: Collier County Behavior Health Facility
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.
This email includes one more neighbor and so may you please respond to all on this message. Thank you
From: "pen@1penelope.com" <pen@1penelope.com>
Date: Tuesday, May 10, 2022 at 11:20 AM
To: "Timothy.Finn@colliercountyfl.gov" <Timothy.Finn@colliercountyfl.gov>
9.A.2.d
Packet Pg. 447 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>
Subject: Collier County Behavior Health Facility
Att: Tim Finn
Kindly see the message below outlining concerns from our community.
In short, we the residential community do not support the rezoning of this property from residential to
institutional.
We are additionally concerned that the County office who ordered this project and are the same entity
responsible for deciding on the rezoning of the property attached to our backyard.
We ask for your deep consideration, as if this was your backyard, and your timely response, please.
When you respond, please respond to all.
Sincerely,
Golden Gate/Painted Leaf Lane Residential Community
PS – Are you the same man from the County who spoke to some of us after the meeting, who was there
as an area resident from down at Livingston Road?
Thank you,
Penelope
Penelope Jean Hayes
From: Jessica Harrelson <jharrelson@pen-eng.com>
Date: Monday, May 9, 2022 at 12:56 PM
To: "pen@1penelope.com" <pen@1penelope.com>
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>
Subject: RE: Collier County Behavior Health Facility PL
Good afternoon Penelope,
Below is the contact information for the County Planner assigned to the project. You can reach out to
him directly with any concerns you would like to have included for review by County Staff, the Planning
Commission and the Board of County Commissioners.
Tim Finn, AICP
Principal Planner
Timothy.Finn@colliercountyfl.gov
239.252.4312
9.A.2.d
Packet Pg. 448 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
I have also forwarded your email to the project team.
Thank you.
PENINSULA ENGINEERING
Jessica Harrelson, AICP
Planning Manager
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6751
jharrelson@pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of
construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Thursday, May 5, 2022 12:02 PM
To: Jessica Harrelson <jharrelson@pen-eng.com>
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>
Subject: Proposed new David Lawrence Center in our residential neighborhood
Importance: High
Good morning, Jessica,
Planning Manager, Peninsula Engineering
cc John and Sally Anderson, Nate and Kate Balzer
Re: proposed David Lawrence Center (DLC) directly in our residential neighborhood
Thank you for the community information meeting last night. As the architectural firm working for your
client, DLC, we understand that you are doing your best, and our issues/concerns are with DLC and the
County. You have been our only point of contact and therefore this message is for you, as well as to
please forward to Mr. Scott Burgess, CEO of DLC, who also hosted the meeting last night.
It seems that until any kind of site plan is made available to the residents in the neighborhood, there will
only be more questions and concerns. However, there are issues to yet another DLC facility proposed to
be installed directly attached to our properties that cannot be overcome with a wall and landscaping.
We do have key questions that we need answered by your firm and/or DLC and/or County. These are:
1. Will the new facility be serving the Naples community only, as it was presented as a “need in our
community,” or will there be patients brought in from other cities? How about from outside of
the drivable area, such as upstate or out of state?
2. This question was asked repeatedly last night and not answered; this information needs to be
forthcoming to us: How many in-patients is this building being designed for? A range please;
your client must have a goal.
9.A.2.d
Packet Pg. 449 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
3. You said that you could provide us the information regarding who to contact at the County
office and Representative level, such as who have you been dealing with/who has been involved
on this. Please email us those direct numbers/emails.
4. Is there any talk whatsoever, as we have heard there is, of a helicopter pad being built on the
roof or site? If so, what is the thinking on this in terms of need?’ Are patients to be flown in from
other cities/locations into our residential neighborhood?
5. Will you/DLC do due diligence to identify a Plan B site for this additional DLC institutional
facility? —given that the community of neighbors here does NOT support your re-zoning of this
property from “residential/estates” to “instuitional.” We are formally requesting that you
identify another site option, perhaps one already zoned for your needs.
Regarding proof of the lack of our “Life Safety”:
Last night you heard from several residential neighbors who shared that patients of DLC—over the years
and very recently—have broken out of / escaped from the facility and the followed happened to cause
stress and lack of “Life Safety” to them/us. Here are a few statements you heard last night:
In the just one year since Nate and Kate Balzer have owned their home directly next door to the
proposed site, patients of the existing DLC facility nearby have been seen trespassing on their
property, and looked into their windows.
On another occasion, the Balzer family found drug-use needles on their property. They stated
they have teenage children and are concerned for their privacy and safety if the proposed DLC
facility is built next to their home, directly compromising the private and safe use of their yard
and pool.
John and Sally Anderson, (5910 Painted Leaf Lane) our next-door neighbors and directly behind
the DLC proposed site, testified last night to being witnesses in a Police Report taken at 5900
Painted Leaf Lane/Carrie Ann Palermo, regarding trespassing by a DLC patient.
The Andersons also shared countless instances of helicopters searching above our properties for
patients on-the-loose/”missing” in our neighborhood. Sally Anderson said, “ I still have
flashbacks of the Sheriff's Department coming through all these properties with their dogs
searching for the patient who escaped, and getting recorded messages on our home phone to
stay inside and keep our pets inside until the suspect was located.”
First questions are:
1. What is the code for Life Safety for this situation?
2. What is the community responsibility of DLC, a mental health and drug rehabilitation center, as
it relates to both our safety and their patients’ safety when trespassing on our properties?
3. In recognizing our statements made last night, does the County truly wish to DOUBLE for us
these issues with a second DLC institution in a residential neighborhood?
These are just the instances shared with your group last night. There are many more neighbors with
similar events and concerns. It was further concerning to us that Scott Burgess, CEO of DLC, responded
last night to say that he had not heard of these events before. Of course, we know this not to be true
because Kate Balzer very recently went over to the current DLC and spoke with CEO Scott Burgess about
the DLC patients trespassing on their property and invading their safety and privacy. Furthermore, there
are indeed police reports, and surely Mr. Burgess as the CEO of DLC, in this position since 2014, must be
well informed of such events within his own facility.
We the community neighbors are opposed to this property, on our very property line, being rezoned as
“institutional”; the current “residential/estate” zoning is what we invested in when we bought our
properties. Even “commercial” rezoning would be reasonable, but not “institutional,” especially for
9.A.2.d
Packet Pg. 450 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
another DLC given their poor track record of protecting our residential community’s “Life Safety”. One
David Lawrence Center (the current) in our neighborhood is enough; a second in the same block is
irresponsible and irreverent to those people who lives and properties have been, and continue to be,
impacted by the current DLC.
Thank you on behalf of the residential neighbors impacted.
Penelope and Burt Hayes, 5900 Painted Leaf Lane
Penelope Jean Hayes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
9.A.2.d
Packet Pg. 451 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Wednesday, May 11, 2022 11:13 AM
To: Jessica Harrelson; FinnTimothy
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes;
magicalmassage@gmail.com; BellowsRay; thomasdoerr44@gmail.com;
Joshua Fruth
Subject: Re: proposed Collier County Behavior Health Facility in our backyard: a
proposal that requires site rezoning from "residential" to "institutional", a
rezoning that the residential community strongly opposes
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.
Jessica Harrelson, Timothy Finn:
So that’s it, the site was selected BEFORE residents had ANY opportunity to “voice our concerns”?
From your email, FOR ALL ON THIS EMAIL TO BE AWARE: “The Board of County Commissioners did
conduct a site feasibility study, and ultimately selected the subject location” is the same entity as “the
Planning Commission who gives a formal recommendation to the Board, and by the Board of County
Commissioners who will vote to approve or deny the project.”
This sounds like a closed group of people in a particular field, having a controlling influence.
If you decide to answer any of our valid questions, please send to the entire group here. As you both are
the official representatives of this project, I’m sure it’s okay share your responses with the media.
Thank you.
From: Jessica Harrelson <jharrelson@pen-eng.com>
Date: Wednesday, May 11, 2022 at 10:51 AM
To: "pen@1penelope.com" <pen@1penelope.com>, FinnTimothy
<Timothy.Finn@colliercountyfl.gov>
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>,
"magicalmassage@gmail.com" <magicalmassage@gmail.com>, BellowsRay
<Ray.Bellows@colliercountyfl.gov>, "thomasdoerr44@gmail.com"
<thomasdoerr44@gmail.com>, Joshua Fruth <jfruth@pen-eng.com>
Subject: RE: proposed Collier County Behavior Health Facility in our backyard: a proposal that
9.A.2.d
Packet Pg. 452 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
requires site rezoning from "residential" to "institutional", a rezoning that the residential
community strongly opposes
Good morning Penelope,
I am the listed Agent for the project.
I forwarded your original email to the entire project team (when received) and attached is my email
response, for reference purposes, for all included in this email chain. Note, all correspondence received
(by myself or Tim) will be included for consideration by County Staff during review of the petitions, by
the Planning Commission who gives a formal recommendation to the Board, and by the Board of County
Commissioners who will vote to approve or deny the project.
As noted at the initial public meeting, we are working on finalizing the programming of the site and
finalizing the site plan; therefore, we will have the ability to answer your questions at the required
Neighborhood Information Meeting (currently planned for the first week of July). If there is any
information the team can provide ahead of that meeting, we will reach out to you and those included in
this email.
I also encourage you to attend the public hearings, once scheduled, to voice your concerns in-
person. You may also reach out to the County Commissioners at any time to voice your concerns
regarding the project.
The Board of County Commissioners did conduct a site feasibility study, and ultimately selected the
subject location. Below are the applicable dates:
- February 23,2021- BCC selected the subject site for the construction of the Central Receiving
Facility
- May 25, 2021- BCC approved an agreement with DLC to operate and lease the facility and the
purchase and sales agreement for the land.
The required notification area, for mailed notice of the neighborhood information meeting and public
hearings, is a one-mile radius from the subject site. An ad will also be published in the paper with
information regarding the neighborhood information meeting and public hearing dates/times. When
hearing dates are scheduled, I will also coordinate the posting of a sign on the property with the
information.
Thank you.
PENINSULA ENGINEERING
Jessica Harrelson, AICP
Planning Manager
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6751
9.A.2.d
Packet Pg. 453 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
jharrelson@pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of
construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Wednesday, May 11, 2022 10:09 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>;
magicalmassage@gmail.com; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Jessica Harrelson
<jharrelson@pen-eng.com>; thomasdoerr44@gmail.com
Subject: Re: proposed Collier County Behavior Health Facility in our backyard: a proposal that requires
site rezoning from "residential" to "institutional", a rezoning that the residential community strongly
opposes
Good to know, however may you please introduce yourself with your name and title, as we do not know
who you are. Also who is “the agent“ and their name, title, and email address so that we may get our
questions answered?
Our questions are below and we await responses from you and the agent.
Thank you,
Penelope
www.PenelopeJeanHayes.com
Sent from my iPhone.
From: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Sent: Wednesday, May 11, 2022 10:04 AM
To: Penelope Jean Hayes <pen@1penelope.com>
Cc: jsanderson4@aol.com <jsanderson4@aol.com>; kate.balzer@premiersir.com
<kate.balzer@premiersir.com>; Burt Hayes <burth9876@gmail.com>; magicalmassage@gmail.com
<magicalmassage@gmail.com>; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Jessica Harrelson
<jharrelson@pen-eng.com>; thomasdoerr44@gmail.com <thomasdoerr44@gmail.com>
Subject: RE: proposed Collier County Behavior Health Facility in our backyard: a proposal that requires
site rezoning from "residential" to "institutional", a rezoning that the residential community strongly
opposes
Hi Penelope,
I am not the man you are referencing that was in attendance at this meeting. Any opposition to this
petition can be directed either to the agent or myself.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Wednesday, May 11, 2022 9:38 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
9.A.2.d
Packet Pg. 454 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>;
magicalmassage@gmail.com; BellowsRay <Ray.Bellows@colliercountyfl.gov>; Jessica Harrelson
<jharrelson@pen-eng.com>; thomasdoerr44@gmail.com
Subject: proposed Collier County Behavior Health Facility in our backyard: a proposal that requires site
rezoning from "residential" to "institutional", a rezoning that the residential community strongly
opposes
Importance: High
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.
Hello, Mr. Finn,
Re: Opposition to the rezoning from “residential” to “institutional” of the land attached to our backyard
for the purpose of a second DLC mental health and drug rehabilitation institution in our neighborhood.
Our expressed concerns are outlined in the email at page bottom (as well as reported verbally at first
public meeting) and detail our life safety concerns given the proven track record of escaped patients
from the current DLC , trespassing on our properties over the years and very recently.
While we do appreciate you getting back to us, will “the agent” be contacting us—soon—to answer our
questions from the email below? At the first meeting, when we asked questions we were told to email
you/the County with our concerns. After we did email you, it seems you are saying to take our concerns
to the next meeting. By the time of the next meeting, the project would already have invested in
architectural drawings designed for this specific property. As a group that will be opposing this
institution in our residential community, waiting until the next meeting will not do. What is your
obligation to respond to our questions and when will we hear back from you or “the agent” to answer
our initial questions?
We also have concerns for the devaluation of our properties if a second DLC goes forward attached to
our properties. This we will address after we get answers to our first questions.
To be sure of who we are speaking to, because you did not sign off in your email below—this is Ed Finn,
correct? The man who approached us at the end of the first meeting? You said you were there as a
resident, even though you live at Livingston Road. Same man? In that conversation, you told us that we
“shouldn’t fight the current” on this because the project is indeed going forward in our backyard. From
that we garner that we need to escalate our opposition, immediately.
Firstly, we’d like to note that our neighbors, Paul and Cathy Schenk of 5890 Painted Leaf Lane, did not
receive a notice of the first meeting; their property is attached by a corner to the proposed second DLC
institution; conversely, you are 6.8 miles away, yet attended the meeting as a resident. At that meeting,
it was said that all residents within a mile of the site will be notified of all meetings; your email here says
“notices will be sent out to all property owners within 500 feet of the subject property by the agent.”
Given the size of our properties, 500 feet would only include those immediate to the site and would
exclude the community affected. Which number is correct?
9.A.2.d
Packet Pg. 455 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
At the first meeting, you told our group of four who you approached, that this (the second DLC) was
your project, though you did not introduce yourself publicly. You also said that the County ordered the
project. Is the County who ordered the project, the very same public entity that is responsible to
approve rezoning the property from residential to institutional? If so, we have a problem.
In responding, please do not respond to me; kindly address the group of residents.
Thank you,
Golden Gate/Painted Leaf Lane Residential Community
From: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Date: Tuesday, May 10, 2022 at 11:54 AM
To: "pen@1penelope.com" <pen@1penelope.com>
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>,
"magicalmassage@gmail.com" <magicalmassage@gmail.com>, BellowsRay
<Ray.Bellows@colliercountyfl.gov>, Jessica Harrelson <jharrelson@pen-eng.com>
Subject: RE: Collier County Behavior Health Facility
Hi Penelope,
Thank you for sending this information. We will coordinate with the agent on these concerns. Please
note as part of this petition, a Neighborhood Information Meeting (NIM) will be required and members
of the public can attend and voice their concerns. NIM meetings are scheduled after the completion of
the first submittal by County staff. As of today, the agent has not submitted documents to the County
for the first submittal. When the NIM is scheduled, public notices will be sent out to all property owners
within 500 feet of the subject property by the agent.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Tuesday, May 10, 2022 11:29 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>;
magicalmassage@gmail.com
Subject: Collier County Behavior Health Facility
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.
This email includes one more neighbor and so may you please respond to all on this message. Thank you
From: "pen@1penelope.com" <pen@1penelope.com>
Date: Tuesday, May 10, 2022 at 11:20 AM
To: "Timothy.Finn@colliercountyfl.gov" <Timothy.Finn@colliercountyfl.gov>
9.A.2.d
Packet Pg. 456 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>
Subject: Collier County Behavior Health Facility
Att: Tim Finn
Kindly see the message below outlining concerns from our community.
In short, we the residential community do not support the rezoning of this property from residential to
institutional.
We are additionally concerned that the County office who ordered this project and are the same entity
responsible for deciding on the rezoning of the property attached to our backyard.
We ask for your deep consideration, as if this was your backyard, and your timely response, please.
When you respond, please respond to all.
Sincerely,
Golden Gate/Painted Leaf Lane Residential Community
PS – Are you the same man from the County who spoke to some of us after the meeting, who was there
as an area resident from down at Livingston Road?
Thank you,
Penelope
Penelope Jean Hayes
From: Jessica Harrelson <jharrelson@pen-eng.com>
Date: Monday, May 9, 2022 at 12:56 PM
To: "pen@1penelope.com" <pen@1penelope.com>
Cc: "jsanderson4@aol.com" <jsanderson4@aol.com>, "kate.balzer@premiersir.com"
<kate.balzer@premiersir.com>, Burt Hayes <burth9876@gmail.com>
Subject: RE: Collier County Behavior Health Facility PL
Good afternoon Penelope,
Below is the contact information for the County Planner assigned to the project. You can reach out to
him directly with any concerns you would like to have included for review by County Staff, the Planning
Commission and the Board of County Commissioners.
Tim Finn, AICP
Principal Planner
Timothy.Finn@colliercountyfl.gov
239.252.4312
9.A.2.d
Packet Pg. 457 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
I have also forwarded your email to the project team.
Thank you.
PENINSULA ENGINEERING
Jessica Harrelson, AICP
Planning Manager
2600 Golden Gate Parkway
Naples, Florida 34105
Phone: 239.403.6700
Direct: 239.403.6751
jharrelson@pen-eng.com
Only current, signed, and sealed plans shall be considered valid construction documents. Because of the constantly changing nature of
construction documents, it is the recipient’s responsibility to request the latest documents from Peninsula Engineering for their particular task.
From: Penelope Jean Hayes <pen@1penelope.com>
Sent: Thursday, May 5, 2022 12:02 PM
To: Jessica Harrelson <jharrelson@pen-eng.com>
Cc: jsanderson4@aol.com; kate.balzer@premiersir.com; Burt Hayes <burth9876@gmail.com>
Subject: Proposed new David Lawrence Center in our residential neighborhood
Importance: High
Good morning, Jessica,
Planning Manager, Peninsula Engineering
cc John and Sally Anderson, Nate and Kate Balzer
Re: proposed David Lawrence Center (DLC) directly in our residential neighborhood
Thank you for the community information meeting last night. As the architectural firm working for your
client, DLC, we understand that you are doing your best, and our issues/concerns are with DLC and the
County. You have been our only point of contact and therefore this message is for you, as well as to
please forward to Mr. Scott Burgess, CEO of DLC, who also hosted the meeting last night.
It seems that until any kind of site plan is made available to the residents in the neighborhood, there will
only be more questions and concerns. However, there are issues to yet another DLC facility proposed to
be installed directly attached to our properties that cannot be overcome with a wall and landscaping.
We do have key questions that we need answered by your firm and/or DLC and/or County. These are:
1. Will the new facility be serving the Naples community only, as it was presented as a “need in our
community,” or will there be patients brought in from other cities? How about from outside of
the drivable area, such as upstate or out of state?
2. This question was asked repeatedly last night and not answered; this information needs to be
forthcoming to us: How many in-patients is this building being designed for? A range please;
your client must have a goal.
9.A.2.d
Packet Pg. 458 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
3. You said that you could provide us the information regarding who to contact at the County
office and Representative level, such as who have you been dealing with/who has been involved
on this. Please email us those direct numbers/emails.
4. Is there any talk whatsoever, as we have heard there is, of a helicopter pad being built on the
roof or site? If so, what is the thinking on this in terms of need?’ Are patients to be flown in from
other cities/locations into our residential neighborhood?
5. Will you/DLC do due diligence to identify a Plan B site for this additional DLC institutional
facility? —given that the community of neighbors here does NOT support your re-zoning of this
property from “residential/estates” to “instuitional.” We are formally requesting that you
identify another site option, perhaps one already zoned for your needs.
Regarding proof of the lack of our “Life Safety”:
Last night you heard from several residential neighbors who shared that patients of DLC—over the years
and very recently—have broken out of / escaped from the facility and the followed happened to cause
stress and lack of “Life Safety” to them/us. Here are a few statements you heard last night:
In the just one year since Nate and Kate Balzer have owned their home directly next door to the
proposed site, patients of the existing DLC facility nearby have been seen trespassing on their
property, and looked into their windows.
On another occasion, the Balzer family found drug-use needles on their property. They stated
they have teenage children and are concerned for their privacy and safety if the proposed DLC
facility is built next to their home, directly compromising the private and safe use of their yard
and pool.
John and Sally Anderson, (5910 Painted Leaf Lane) our next-door neighbors and directly behind
the DLC proposed site, testified last night to being witnesses in a Police Report taken at 5900
Painted Leaf Lane/Carrie Ann Palermo, regarding trespassing by a DLC patient.
The Andersons also shared countless instances of helicopters searching above our properties for
patients on-the-loose/”missing” in our neighborhood. Sally Anderson said, “ I still have
flashbacks of the Sheriff's Department coming through all these properties with their dogs
searching for the patient who escaped, and getting recorded messages on our home phone to
stay inside and keep our pets inside until the suspect was located.”
First questions are:
1. What is the code for Life Safety for this situation?
2. What is the community responsibility of DLC, a mental health and drug rehabilitation center, as
it relates to both our safety and their patients’ safety when trespassing on our properties?
3. In recognizing our statements made last night, does the County truly wish to DOUBLE for us
these issues with a second DLC institution in a residential neighborhood?
These are just the instances shared with your group last night. There are many more neighbors with
similar events and concerns. It was further concerning to us that Scott Burgess, CEO of DLC, responded
last night to say that he had not heard of these events before. Of course, we know this not to be true
because Kate Balzer very recently went over to the current DLC and spoke with CEO Scott Burgess about
the DLC patients trespassing on their property and invading their safety and privacy. Furthermore, there
are indeed police reports, and surely Mr. Burgess as the CEO of DLC, in this position since 2014, must be
well informed of such events within his own facility.
We the community neighbors are opposed to this property, on our very property line, being rezoned as
“institutional”; the current “residential/estate” zoning is what we invested in when we bought our
properties. Even “commercial” rezoning would be reasonable, but not “institutional,” especially for
9.A.2.d
Packet Pg. 459 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
another DLC given their poor track record of protecting our residential community’s “Life Safety”. One
David Lawrence Center (the current) in our neighborhood is enough; a second in the same block is
irresponsible and irreverent to those people who lives and properties have been, and continue to be,
impacted by the current DLC.
Thank you on behalf of the residential neighbors impacted.
Penelope and Burt Hayes, 5900 Painted Leaf Lane
Penelope Jean Hayes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
9.A.2.d
Packet Pg. 460 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
From:
Sent:
To:
Cc:
Subject:
Hi Penelope,
Both documents received
From: Penelope Jean Hayes <pen @ lpenelope.com>
Sent: Thursday, September 22, 2022 7l:32 AM
To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>
Cc: BellowsRay <Ray.Bellows@colliercountyfl.BoD; BosiMichael <Michael. Bosi@colliercountyfl.gov>; GundlachNa ncy
<Nancy.G und lach@colliercountyf l.gov>
Sub,ect: Re: Documents submittal - October 6 CCPC Meeting
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.
Hi, Timothy,
The attached materials are for submittal for the October 6th CCPC meeting packets and review by the planning
Commission.
I will be referencing these when I speak on that date. The first document is a snapshot of the testimony given to your
group by neighbors in this community, expressing the past and present issues with the existing DLC in this neighborhood
and asking you to NOT recommend intensifying this danger and chaos in our backyards. The second document is a
sample of a number of Statutory Declarations that have been signed, testifying once again to the danger posed by DLC
patients in our neighborhood.
Please confirm receipt of both.
Thanl you,
Penelope
Penelope Tean Ha yes
www.StopDLC.com
1
FinnTimothy
FinnTimothy
Thursday, September 22, 2022 11:36 AM
'Penelope Jean Hayes'
BellowsRay; BosiMichael; GundlachNancy
RE: Documents submittal - October 6 CCPC Meeting
From: FinnTimothy <Timothy. Fin n @colliercou ntvfl.gov>
Date: Thursday, September 22,2022 at 10:10 AM
9.A.2.d
Packet Pg. 461 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
To: " pen @ lpenelope.com " <pen @ lpenelope.com >
Cc: BellowsRay <Ray. Bellows(ocolliercountvfl.gov>,BosiMichael <Michael.B lliercou n
GundlachNancy <Nancv.Gundlach@colliercountvfl.eov>
Subject: Documents submittal - October 5 CCPC Meeting
Hi Penelope,
At your earliest, please send me via email the documents you would like submitted to the Planning Commission for their
review.
Timothy Finn, Principol Plonner
Zoning Division - Zoning Services Section
Growlh Monogemenl Deportment
Telephone: 239 .252. 43 1 2
Cotrtrt-y
Exceeding expeclotions, every doy!
Tetl us how we are doing by taking our Zoning Division Survey af https://goo.gl/exivoT.
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 in writing.
2
9.A.2.d
Packet Pg. 462 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Good work; BAD neighbor!
This is not like any other rezoning issue before the Board of County Commissioners; this
project inside a neighborhood is DANGEROUS. How do we know this? History is a great
teacher if we care to listen. This neighborhood already deals with danger, trespassing,
noise, and chaos from the existing David Lawrence Center (DLc) nearby.
ive here
The neighbors have attested to numerous dangerous issues with the operations of the
existing DLC, including DLC patients found on therr properties, looking into their windows,
and the longstanding problem of drug needles from DLC patients left on lawns and
properties.
This location in a residential neighborhood fails the Compatibility Test, which is: "A condition in which
land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such
that no use or condition is unduly negatively impacted directly or indirectly by another use or condition."
AERIAL of the EXISTING NEIGHBORHOOD
The proposed site is surrounded by residential homes
PROPOSED 64,000 SQ FT TNSTTTUTTON
Renderings were first shown to neighbors on July 26th.
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9.A.2.d
Packet Pg. 463 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
"Ol'r my property, l've had three
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9.A.2.d
Packet Pg. 464 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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9.A.2.d
Packet Pg. 465 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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9.A.2.d
Packet Pg. 466 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
"This is a population
that has
problem with boundaries."
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9.A.2.d
Packet Pg. 467 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
e "lncreasing the intensity
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9.A.2.d
Packet Pg. 468 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
The State of Florida
County of Collie.r
Declared by (si
. \_\k,nd.ers*,
STATUTORY DECLARATION
)i
of
Naples, Florida,(street and number),?rl ll b (zipcode)
S.S
)
)
)
Y
I,
DO THAT boxes that apply):
/l. @ l.have witnessed firsthand the trespassing of patients, escaped or released, from the existing (Golden
Gate Pkwy location of) David Lawrence Centre (DLC) on my property.
/
V I'have found discarded items such as drug paraphernalia, used needles, and the like, on my property
,1 i
3, E I expprience regular if not daily noise disturbances such as amt,ulance/police sirens, emptying of
' garage dumpsters, screaming patients, and the like, coming from the existing DLC.
./
4. El declvrethat another DLC proposed for my neighborhood fails. the Compatibility Test, which is: "A
conditiort in which land uses or conditions can coexist in relative proximity to each other in a stable
r. fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
' another use or condition."
./
5. B From rrry experience living in this neighborhood, I believe the ratients of DLC released into mytr-
neighbor[ood can be a danger to my life safety and that of my family.
,l
,/6. EI1 oppose the rezoning ofthe estate lot located on Tract 66 of th: Golden Gate Estates Unit 30 Plat
fcr any "institutional" purpose including for another DLC institution in my neighborhood.
All statemerts madp are of my own knowledge and are true and that all statements made on information and
belief are b6lieved io be true.tllI
I declare under penalty of perjury that the foregoing is true and correct. Executed on this
2022
2
{-
Witness [y (print.full name)
I C' day or
(. r
9.A.2.d
Packet Pg. 469 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
The State ofFlorida
County ol Collier
)
)
)
(print full name), of
S.S
e 6i,-,
wi (street and number), Naples, Florida,3qt/ b
DO SOLEMNLY DECLARE THAT (boxes that apply):
Odave witnessed firsthand the trespassing of patients, escaped or released, from the existing (Golden
Crate Pkwy location of) David Lawrence Centre (DLC) on my pr')perty.
2. E I have found discarded items such as drug paraphernalia" used reedles, and the like, on my property
3. &{experience regular ifnot daily noise disturbances such as ambulance/police sirens, emptying of
gatage dumpsters, screaming patients, and the like, coming from the existing DLC.
4. I}{declare that another DLC proposed for my neighborhood fails the Compatibility Test, which is: "A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
anbthei use or condition."
5. &from my experience tiving in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that ofmy fa--nily.
6. Bfoppose the rezoning ofthe estate lot located on Tract 66 of the Golden Gate Eslates Unit 30 Ptat
fc,i any "institutional" purpose including for another DLC institution in my neighborhood.
All statements made are of my own knowledge and are true and that all stalements made on information and
belirif are balieved to be true.
I declare ur-der penalty ofperjury that the foregoing is true and correct. Executed on this / 6 Oay of
022.
Declared by
l
/'SezL_
Witness Signature
STATUTORY DECLARATION
I
(zipcode)
(
-)
Witness by (pr'nt full_name)
9.A.2.d
Packet Pg. 470 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY DECLARATION
The State of Florida
County of CollierVNI*',
I,
(street and numb
that apply):
on this
by (signature)
S,S.
)
(print fullname),ot /
Naples, F
day of
zipcode) DO SOLEMNLY DECLARE THAT (check or ALL
2022.
t hr.r,huo tn(ef r
(r
l. Uf have witnessed firsthand the trespassing of patients from the existing (Golden Gate pkwy location
of) David Lawrence Centre (DLC) on my property.
2. I I have called the police to report an issue involving DLC such as the trespassing of a DLC patient on
my property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
3 I I have found items such as drug paraphernalia, used needles, and the like, on my property
4. E'l experience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
garage dumpsters, screaming patients, and the like, coming from the existipg DLC.
5' p'l declare that another DLC proposed for my neighborhood fails the Compatibility Test, which is: ',A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
anrther use or condition."
6. El'Trom my experience living in this neighborhood, I believe the p,atients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
7- !'loppose the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 plat for
any "institutional" purpose including for another DLC institution in my neighborhood.
All statements made are of my own knowledge and are true and that all statements made on information and
belief are :elieved to be tnre. I declare under penalty of perjury that the foregoing is true and corect. Executed
Witnessed by (signature)(print full name of witness)
9.A.2.d
Packet Pg. 471 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY DECLARATION
The State of Florida
County of Collier
P*,L (', hnnk (print full name), of
(street and number), Naples, Florida,.J4tlt^(zipcode) DO SOLEMNLY f THAT (check ALL
that apply):
1. tklfaxe witnessed firsthand the trespassing of patients from the e xisting (Golden Gate pkwy location
of) David Lawrence Centre (DLC) on my property
2. E I have called the police to report an issue involving DLC such as the trespassing of a DLC patient on
my property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
3 [l I have found items such as drug paraphemalia, used needles, and the like, on myproperty
4. &*€xperience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
garage dumpsters, screaming patients, and the like, coming from the existing DLC.
5. Wclate that another DLC proposed for my neighborhood fails the Compatibility Test, which is: ,,A
condition in which land uses or conditions can coexist in relative _:roximity to each other in a stable
fashion over time such that no use or condition is unduly negatively irnpacted directly or indirectly by
another use or condition."
6. tJ-&rommy experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my fanily.
7. Woppose the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 plat for
any "institutional" purpose including for another DLC institution -n my neighborhood.
All statements made are of my own knowledge and are true and that all statements made on information and
beliefare believed to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed
on this 2022.
S.S.
I,
-Po* k:ot-- A..CI
Witnessed by
9.A.2.d
Packet Pg. 472 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY DECLARATION
The State c'f Florida
County of ,lollier
)
) S.S.
)
I,
(street and I
that apply):
), Naples, Florida,(zipcode) DO SOLEMNLY
l. I I have witnessed firsthand the trespassing of patients from the
ofr David Lawrence Centre (DLC) on my property.
2- du"called the police to report an issue involving DLC such as the trespassing of a DLC patient on
prv property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
A r*l"rrs a yr (print full name), of 51. t Pol u .f,. -r(Ua( t-,r,.
DECLARE THAT (check or circle ALL
existing (Golden Gate Pkwy location
Un'shw Fwacerl-
I have found items such as drug paraphernalia, used needles, an,J the like, on my property.
4. '/fexperience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
garuge dumpsters, screaming patients, and the like, coming from the existing DLC.
5. {d""lur"that another DLC proposed for my neighborhood fails the Compatibility Test, which is: ,,A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negative-y impacted directly or indirectly by
another use or condition."
/6. Wrom my experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
-/'7. El'l oppose the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 Plat for
anv "institutional" purpose including for another DLC institution in my neighborhood.
AII statem:nts made are of my own knowledge and are true and that all stetements made on information and
belief are believed to be true. I declare under penalty of perjury that the fcregoing is true and correct. Executed
on this ]t day of 2022.
J
D by (r.
Witnessed by (signature)(print full name of witness)
9.A.2.d
Packet Pg. 473 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY DECLARATION
The State of Florida
County of Collier
I,(print fullname),or 59 tn 'n I€al Ba{ brne-
(street and
that apply)
les,da,(zipcode ) DO SOLEMNLY DECLARE THAT (check or circle ALL
l. I I have witnessed firsthand the trespassing of patients from the existing (Golden Gate Pkwy location
of) David Lawrence Centre (DLC) on my property.
Z{O lhave callecl the police to report an issue involving DLC such as the trespassing of a DLC patient on
my property or another disturbance or event in which l feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
3. D I have found items such as drug paraphernalia, used needles, and the like, on my property.
4. rt^t experience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
gar"age dumpsters, screaming patients, and the like, coming from lhe existilg DLC
5. X I declare that another DLC proposed for my neighborhood fails the Cornpatibility Test, which is: ,,A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
anrther use or condition."
6. flFrorn my experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
14 I oppose the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 plat for
any "institutional" purpose including for another DLC institution in my neighborhood.
All statements made are of my own knowledge and are true and that all statements made on information and
belief are :elieved to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed
S.S.
on this e.\'da 2022
Witnessed by (signature)
of
(print full name of witness)
/knstw htttre *
9.A.2.d
Packet Pg. 474 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTQRY DECLARATION
The State of Florida
S.S.
County of Collier
I,yl Fo*o Le++(print fullname),of 5<l bc /atv,,led Lea {'Lr,", e(street and number), Naples, Flori
that apply):
Llub (zipcode) DO SOLEMNL Y fECLARE THAT (check or circle ALL
l. D I have witnessed firsthand the trespassing of patients from the existing (Golden Gate pkwy location
of David Lawrence Centre (DLC) on my property.
2. 0 I have called the police to report an issue involving DLC such as the trespassing of a DLC patient on
my property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/fourd/in the system.
3. I I have found items such as drug paraphernalia, used needles, and the like, on my property.
O Y, experience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
gatage dumpsters, screaming patients, and the like, coming from the existing DLC.
, X, declare that another DLC proposed for my neighborhood fails the Compatibility Test, which is: ,,A
condition in which land uses or conditions can coexist in relative'oroximity to each other in a stable
fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
another use or condition."
O. !nrom my experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
, Froppose the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 Plat for
any "institutional" purpose including for another DLC institution -n my neighborhood.
All statements made are of my own knowledge and are true and that all statements made on information and
belief are believed to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed
'4 slon this day of I 2022
-J-
Lf,l,htr
Declared byI luti lli ay,t
Witnessed by (signature)
4.'r
(print full name of witrress)
)ce++L.
I
9.A.2.d
Packet Pg. 475 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY DECLARATION
The State of Florida )
) S.S.
)
I,
County of lollier
{,U;lvuoce*f (print tull name),kd Lea{- La,yre_
(street and number), Nap les, Florida, 39ll b (zipcode) DO SOLEMNLY DECLARE THAT (check or circle ALL
that apply):
l. 0 I have witnessed firsthand the trespassing of patients from the existing (Golden Gate Pkwy location
oft David Lawrence Centre (DLC) on my property.
2. E I have called the police to report an issue involving DLC such as the trespassing of a DLC patient on
m'/ property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called me with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
4
I I have found items such as drug paraphemalia, used needles, and the like, on my property.
[t e*nerience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
garage dumpsters, screaming patients, and the like, coming from the existing DLC.
fi,.1 A.rtur. that another DLC proposed for my neighborhood fails the Compatibility Test, which is: ,,A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by
ancther use or condition."
6. X From my experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
7. [, oOOo.. the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 Plat for
any "institutional" purpose including for another DLC institution in my neighborhood.
All staten:ents made are of my own knowledge and are true and that all statements made on information and
beliefare believed to be true. I declare under penalty ofperjury that the foregoing is true and correct. Executed
on this l,5y
3
5
by (signaturel-
day of ,2022.
3
Witnessed by (signature)
lpn
(print full name of witness)
9.A.2.d
Packet Pg. 476 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
The State of Florida
STATUTORY DECLARATION
)
) S.S
)
r, '?arrolc?e- \-V-rVeS , (printtullname),'r 51il> Qo,,-*il Ld Lun
(street and numbe[), Naples, FloridA, 3q)||A_ (zipcode) DO SOLEMNLY DECLARE THAT (check or circle ALL
that apply):
e--
County of Collier
l. I I have witnessed firsthand the trespassing of patients from the existing (Golden Gate Pkwy location
of) David Lawrence Centre (DLC) on my property.
2. E I have called the police to report an issue involving DLC such as the trespassing of a DLC patient on
rny property or another disturbance or event in which I feared for my safety, and/or the police/Sheriff
Dept. have called rne with a warning to lock doors and windows and stay inside. I expect that a police
report(s) should be available/found/in the system.
3. I I have found items such as drug paraphernalia, used needles, and the like, on my property
4. I I experience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
garage dumpsters, screaming patients, and the like, coming from the existing DLC.
5. !4 declare that another DLC proposed for rny neighborhood fails the Compatibility Test, which is: "A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fashion over time such that no use or condition is unduly negatively irnpacted directly or indirectly by
another use or condition."
6. [Jfrom my experience living in this neighborhood, I believe the patients of DLC released into my
neighborhood can be a danger to my life safety and that of my family.
,/
7. V(oppo." the rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30 Plat for
any "institutional" purpose including for another DLC institution in my neighborhood.
All statements made are of my own knowledge and are true and that all statements made on information and
belief are believed to be true. I declare under ty of perjury that the foregoing is true and correct. Executed
on this
"l
day of 2022.
D-ee lare$ by ( s i gnaturl)
/-. c14r1; \
*-,".',.oo,6-"*
t('
(print full name of witness)
(
9.A.2.d
Packet Pg. 477 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
STATUTORY D ECLARATION
The Sate ofFlbrida
o.j
)
) S.S.
)
(print full name), of 59oo t)(61 .^u r.o€Lr..
(strcet.and number), Napl'apply): i .'l .. . .: i,.
Florid4 it llQ,(zipcode) DO SOLEMNLY DECLARE THAT (check boxes that
.:'l. E I liave witnessed firsthand the trespassing of patients from the existing (Golden Gate Pkwy.'.,' loeation of) David Lawrence Centre (DLC) on my property.
'.' r l'
2: .E I haye.called the police to report an issue involving DLC such as the trespassing ofa DLC
'patipnto! my property or another disturbance or event in which I feared for my safety. I expect
I .that 4 iolice report should be available/found/in the system.
3., E lhbve found ltems such as drug paraphernalia, used needles, and the like, on my property
-pt dectare that another DLC proposed for my neighborhood fails the Compatibility Test, which
/ is: ;'h co-ndition in which land uses or conditions can coexist in relative proximity to each other in
. U .i1iip fashion over time such that no use or condition is unduly negatively impacted directly or
, indi'reqtly by another use or condition."
:! Ffom my experience living in this neighborhood, I believe the patients ofDLC released into my/.
."heigtrborhood can be a danger to my life safety and that of my family... l: j
'(l'onRod" tt. rezoning of the estate lot located on Tract 66 of the Golden Gate Estates Unit 30
/.PlaqfOr any "institutional" purpose including for another DLC institution in my neighborhood.
.,,
All statements m4dei are of my own knowledge and are true and that all statements mads on information and
beliefare believeci to be true. I declare under penalty ofperjury that the foregoing is true and correct. Executed
on thip t(\"--:.day br Sc-,r,le*rS ef , zozz.
5
6
7
by (signature)
Qeri. \cc"- [.-ln,trr
Witness by (pridt full nhme)Wimess Signature
:.Coung of Collier.
:,
4: D lexperience regular if not daily noise disturbances such as ambulance/police sirens, emptying of
gardge d{mpsters, screaming patients, and the like, coming fiom the existing DLC.
?
9.A.2.d
Packet Pg. 478 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
The State of Florida
County of Collier
&1 L"X (print lull name), of
tp (street and number), Naples, Florida,3'lllb (zipcode)
DO SOLE LARE T (check boxes that apply):
1. E I have yitnessed firsthand the trespassing ofpatients, escaped or released, from the existing (Golden
Gate Pkwy location of) David Lawrence Centre (DLC) on my property.
i
:,
'['rave2. trl found discarded items such as drug paraphemalia, used needles, and the like, on my property.
.t,3.5[l exPerience regular if not daily noise disturbances such as ambulance/police sirens, emptying of' garale dumpsters, screaming patients, and the like, coming Iiom the existing DLC.
4d I declare that another DLC proposed for my neighborhood fails the compatibility Test, which is: "A
condition in which land uses or conditions can coexist in relative proximity to each other in a stable
fushion over time such that no use or condition is unduly negatively impacted directly or indirectly by
another use or condition."
5. 'dFrom my experience living in this neighborhood, I believe the patients of DLC released into my
reiighborhood can be a danger to my life safety and that of my family.
6.pt I onnose the rezoning of the estate lot located on Tract 66 of the Gotden Gate Estates Unit 30 Plat
for any "hstitutional" purpose including for another DLC institution in my neighborhood.
I)ccl hy (!ignaturc)
S.S.
)
)
)
Witncss by (print full narle)Witness Signature
STATUTORY DECLARATION
,All statemeitts made are of my own knowledge and are true and that all statements made on information and
beliefare b<llieved to be true.
I.
'i
I decldre uader penalty ofperjury that the foregoing is tue and conect. Executed on this / ]_ day of
5e 0! , .2022.
Flt ze/.,tt't". 6toc/.
9.A.2.d
Packet Pg. 479 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.d
Packet Pg. 480 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.d
Packet Pg. 481 Attachment: Attachment B - Opposition Letters (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collierĐŽƵŶƚLJ͘ŐŽǀ (239)252-2400 FAX:(239)252-6358
0DUFK Page 1 of 11
Application for a Public Hearing for PUD Rezone, Amendment to PUD or
PUD to PUD Rezone
PETITION NO
PROJECT NAME
DATE PROCESSED
PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code
Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative
Code
PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F.
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: ____________________________________________________________________
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
David Lawrence Mental Health Center, Inc.
Collier County, a Political Subdivision of the State of Florida
3301 E. Tamiami Trail Naples FL 34112
239.877.8274
Claudia.Roncoroni@colliercountyfl.gov
Jessica Harrelson, AICP
Peninsula Engineering
2600 Golden Gate Pkwy Naples FL 34105
239.403.6751
jharrelson@pen-eng.com
9.A.2.e
Packet Pg. 482 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 2 of 11
REZONE REQUEST
This application is requesting a rezone from: _________________________ Zoning district(s) to the
________________________________ zoning district(s).
Present Use of the Property: _________________________________________________________
Proposed Use (or range of uses) of the property: _________________________________________
Original PUD Name: ________________________________________________________________
Ordinance No.: ____________________________________________________________________
PROPERTY INFORMATION
On a separate sheet attached to the application, provide a detailed legal description of the property
covered by the application:
x If the request involves changes to more than one zoning district, the applicant shall include a
separate legal description for property involved in each district;
x 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
x The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Metes & Bounds Description: _________________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________
Address/ General Location of Subject Property: __________________________________________
__________________________________________________________________________________
PUD District (refer to LDC subsection 2.03.06 C):
Commercial Residential Community Facilities Industrial
Mixed Use Other: ________________
Estates (E)
Community Facilities Planned Unit Development (CFPUD)
Undeveloped
Institutional
N/A
N/A
29 49 26
Golden Gate Estates Unit 30, Tract 66
See Survey
758 38165640005
varies varies
224,400 5.15
North of Golden Gate Parkway, East of
Interstate-75 and West of Santa Barbara Blvd.
9.A.2.e
Packet Pg. 483 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 3 of 11
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 on a separate sheet attached to the application.
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
Metes & Bounds Description: _________________________________________________________
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: ______
Estates Single-Family Residential
ROW/ Estates Golden Gate Parkway (100' ROW)/ Single-Family Residential
Estates Single-Family Residential
Estates Church
N/A
9.A.2.e
Packet Pg. 484 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 4 of 11
EVALUATION CRITERIA
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code,
staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s
recommendation to the Board of County Commissioners shall be based upon consideration of the
applicable criteria. On a separate sheet attached to the application, provide a narrative statement
describing the rezone request with specific reference to the criteria below. Include any backup
materials and documentation in support of the request.
a. 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.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
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. Findings and
recommendations of this type shall be made only after consultation with the county attorney.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan. (This is to include identifying what Sub-district, policy or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of
that Sub-district, policy or other provision.)
d. 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.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
f. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
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.
^ dd,
9.A.2.e
Packet Pg. 485 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 5 of 11
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?
Yes No if so please provide copies.
PUBLIC NOTICE REQUIREMENTS
This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E.
of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a
written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B.
of the Administrative Code for the NIM procedural requirements.
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.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) 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 Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided
to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said
Memorandum or Notice.
LDC subsection 10.02.08 D
This application will be considered “open” when the determination of “sufficiency” has been made
and the application is assigned a petition processing number. The application will be considered
“closed” when the petitioner withdraws the application through written notice or ceases to supply
necessary information to continue processing or otherwise actively pursue the rezoning,
amendment or change, for a period of 6 months. An application deemed “closed” will not receive
further processing and an application “closed” through inactivity shall be deemed withdrawn. An
application deemed “closed” may be re-opened by submission of a new application, repayment of
all application fees and the grant of a determination of “sufficiency”. Further review of the request
will be subject to the then current code.
9.A.2.e
Packet Pg. 486 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 6 of 11
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
APPLICANT CONTACT INFORMATION
Name of Applicant(s): _______________________________________________________________
Address: _________________________________ City: ___________ State: ________ ZIP: _______
Telephone: ____________________ Cell: _____________________ Fax: ______________________
E-Mail Address: ____________________________________________________________________
Address of Subject Property (If available): ______________________________________________
City: _________________ State: ________ ZIP: _________
PROPERTY INFORMATION
Section/Township/Range: / /
Lot: Block: Subdivision: ___________________________________________________
Metes & Bounds Description: _________________________________________________________
Plat Book: Page #: Property I.D. Number: ____________________________________
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
Check applicable system:
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: __________
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: ____________________________________________________
Collier County, a Political Subdivision of the State of Florida
3335 Tamiami Trail E.Naples FL 34112
239.877.8274
Claudia.Roncoroni@colliercountyfl.gov; Ayoub.Al-bahou@colliercountyfl.gov
Tract 66, Golden Gate Unit 30
Naples FL 34116
29 49 26
Golden Gate Unit 30
See Survey
758 38165640005
X
X
n/a
21349 16422
34.4 11730
6/2023
9.A.2.e
Packet Pg. 487 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 7 of 11
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.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Collier 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.
N/A- The project will be connected to the County Utility Infrastructure.
Acknowledged.
9.A.2.e
Packet Pg. 488 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Y
+VOF
9
June 2, 2022
9.A.2.e
Packet Pg. 489 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.e
Packet Pg. 490 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 9 of 11
Final Submittal Requirement Checklist for:
PUD Rezone- Ch. 3 G. 1 of the Administrative Code
Amendment to PUD- Ch. 3 G. 2 of the Administrative Code
PUD to PUD Rezone- Ch. 3 G. 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 final submittal, the checklist is to be completed and submitted with an up-to-date
application. Please provide the submittal items in the exact order listed below, with cover sheets attached to
each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at
http://www.colliercountyfl.gov/Home/ShowDocument?id=76983 .
REQUIREMENTS # OF
COPIES REQUIRED NOT
REQUIRED
Cover Letter with Narrative Statement including a detailed description of
why amendment is necessary 1
Completed Application with required attachments (download latest version) 1
Pre-application meeting notes 1
Affidavit of Authorization, signed and notarized 1
Property Ownership Disclosure Form 1
Notarized and completed Covenant of Unified Control 1
Completed Addressing Checklist 1
Warranty Deed(s) 1
List Identifying Owner and all parties of corporation 1
Signed and sealed Boundary Survey 1
Architectural Rendering of proposed structures 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 1
Environmental Data Requirements pursuant to LDC section 3.08.00 1
Environmental Data Requirements collated into a single Environmental
Impact Statement (EIS) packet at time of public hearings. Coordinate with
project planner at time of public hearings.
Listed or Protected Species survey, less than 12 months old. Include
copies of previous surveys. 1
Traffic Impact Study 1
Historical Survey 1
School Impact Analysis Application, if applicable 1
Electronic copy of all required documents 1
Completed Exhibits A-F (see below for additional information)+
List of requested deviations from the LDC with justification for each (this
document is separate from Exhibit E)
Checklist continues on next page
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
9.A.2.e
Packet Pg. 491 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ (239) 252-2400 FAX: (239) 252-6358
0DUFK Page 10 of 11
Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy
Original PUD document/ordinance, and Master Plan 24” x 36” – Only if
Amending the PUD
Revised PUD document with changes crossed thru & underlined 1
Copy of Official Interpretation and/or Zoning Verification 1
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement
+The following exhibits are to be completed on a separate document and attached to the application packet:
Exhibit A: List of Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code
Exhibit D: Legal Description
Exhibit E: List of Requested LDC Deviations and justification for each
Exhibit F: List of Development Commitments
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-
690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.”
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Amy
Lockheart Conservancy of SWFL: Nichole Johnson
Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director)
Emergency Management: Dan Summers Immokalee Water/Sewer District:
City of Naples: Robin Singer, Planning Director Other:
City of Naples Utilities Other:
ASSOCIATED FEES FOR APPLICATION
Pre-Application Meeting: $500.00
PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre
PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre
PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre
Comprehensive Planning Consistency Review: $2,250.00
Environmental Data Requirements-EIS Packet (submittal determined at pre-application
meeting): $2,500.00
Listed or Protected Species Review (when an EIS is not required): $1,000.00
Transportation Review Fees:
o Methodology Review: $500.00
*Additional fees to be determined at Methodology Meeting.
o Minor Study Review: $750.00
o Major Study Review $1,500.00
x
x
x
x
x
x
x
X
X
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9.A.2.e
Packet Pg. 492 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
0DUFK Page 11 of 11
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
ǁǁǁ͘ĐŽůůŝĞƌĐŽƵŶƚLJ͘ŐŽǀ
Legal Advertising Fees:
o CCPC: $1,125.00
o BCC: $500.00
School Concurrency Fee, if applicable:
o Mitigation Fees, if application, to be determined by the School District in
coordination with the County
Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and
those fees are set forth by the Authority having jurisdiction. The Land Development Code requires
Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior
to hearing. All checks payable to: Board of County Commissioners.
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.
*Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
________________________________________________
Signature of Petitioner or Agent Date
___________________________________
Printed named of signing party
x
x
Jessica Harrelson, AICP
6/2/2022
9.A.2.e
Packet Pg. 493 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 1
COLLIER COUNTY BEHAVIORAL HEALTH CENTER
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
PROJECT NARRATIVE & EVALUATION CRITERIA
The subject property is located north of Golden Gate Parkway, ±0.5-acres west of Santa Barbara Boulevard and ±0.5-
acres eastof I-75 in Section 29, Township 49 and range 26 and is comprised of 5.15-acres. The current owner of the
property is David Lawrence Mental Health Center, Inc. (DLC). Upon completion of the zoning entitlements, the land
will be conveyed to Collier County.
The Applicant, Collier County,is requesting arezone of the propertyfrom the Estates (E) Zoning Districtto the Collier
County Behavioral Health Center Community Facilities Planned Unit Development (CFPUD), to permit a Central
Receiving Facility (Group Care Facility)to serve persons experiencing an acute mental health or substance use crisis.
Location Map
9.A.2.e
Packet Pg. 494 Attachment:
Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 2
ZONING & FUTURE LAND USE
The site is zoned Estates and is designated within the Urban Estates-Estates Mixed Use District, Golden Gate Parkway
Institutional Subdistrict, per the Golden Gate Area Master Plan. The Golden Gate Parkway Institutional Subdistrict
consists of 16.3-acres, which also includes the existing Parkway Life Church and David Lawrence Center properties,
both located west of the subject site. The Subdistrict permits various institutional uses, including Group Care
Facilities (Categories I and II), via the conditional use process.
Estates zoning surrounds the subject property, with single-family residential development abutting the site to the
north and east,an existing church is developed along the west, and Golden Gate Parkway,a100’ public right-of-way,
borders the site to the south with single-family residential and non-residential uses beyond.
Considering surrounding land use patterns, several conditional uses/provisional uses have been approved for non-
residential uses within the vicinity of the project.
Surrounding Zoning/Land Use
9.A.2.e
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PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 3
DETAILS OF REQUEST
The Applicant is requesting to rezone the subject property from Estates to the Collier County Behavioral Health
Center Community Facilities Planned Unit Development(CFPUD) to permit a Central Receiving Facility, aGroupCare
Facility, to serve persons experiencing an acute mental health or substance use crisis. The CFPUD will permit up to
64,000 SF and 102 patient beds. Such request is consistent with the Mental Health and Addiction Services 5-Year
Strategic Plan, developed by the Collier County Mental Illness and Addiction Ad Hoc Advisory Committee and
adopted by the Board of County Commissioners in December of 2019.
The Collier County Mental Illness and Addiction Advisory Committee was established by the Board in 2018, and
over the course of a year, the committee met, gathered information, and developed the 5-year strategic plan.
The plan outlines prioritieswithin our community and ranked the number one priority as building and operating
a Central Receiving Facility.
A Board-directed site feasibility study was conducted in 2020, which assessed the potential of locating the
proposed facility at five (5) different locations, and on February 23, 2021, the Board selected the subject site as
being the most appropriate. The proximity to the existing David Lawrence Center will allow synergy and
cohesion between the two properties, allowing operations to run more efficiently. The closeness of Interstate
75 is also a great advantage to EMS and the Collier County Sherriff’s Office.
The construction of this facility is a Board approved ‘Community Priority Project’, being constructed by Collier
County with funds from infrastructure sales surtax. Through an agreement between Collier County and the
David Lawrence Center (DLC), the land is being granted to Collier County by DLC, Collier County will construct
the facility, and DLC will lease and operate the facility.
EVALUATION CRITERIA
The following criteria have been addressed by the applicant to evaluate the proposed PUDZ application:
a. 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.
Response: The Collier County Behavioral Health Center CFPUD is located within the Urban Estates, per
the Golden Gate Area Master Plan. Surrounding land use patterns consist of both residential and non-
residential uses. The property will have direct access to Golden Gate Parkway, a six-lane arterial
roadway and Interstate-75 is located ±0.5-miles east of the proposed project. The property is
proximate to public services and public infrastructure is available to accommodate the project.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,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. Findings and recommendations of this
type shall be made only after consultation with the county attorney.
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 4
Response: Evidence of Unified Control has been provided by David Lawrence Mental Health Center,
Inc., a Florida Not-for-Profit Corporation. Concluding zoning entitlements, the land will be granted to
Collier County. Collier Countywill be responsible for the provision and maintenance of all facilities on-
site.
c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management
Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested
uses/density,andfullyexplaining/addressingallcriteriaorconditionsof thatSub-district,policyor other
provision.)
Response: The subject property is designated within the Golden Gate Parkway Institutional
Subdistrict, which permits the proposed use via the conditional use process. A site-specific, small-scale
growth management plan amendment (SSGMPA) is being submitted as a companion item to this
rezone request, to amend the Subdistrict text to also allow the proposed land use via the PUD rezone
process. The request is consistent with the County’s Growth Management Plan.
d. 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.
Response: The Collier County Behavioral Health Center CFPUD has been designed to be compatible
with surrounding land uses. The development standards, outlined in Exhibit B of the PUD, provide
setbacks and building heights that are compatible with surrounding zoning/land uses. The preserve
has been strategically located to serve as an additional buffer to residential development to the north,
a deviation has been requested allowing to increase the permitted maximum wall height from 8’ up
to 10’ which will mitigate noise, glare and light that may emanate from the proposed facility. Lighting
will be Dark Skies compliant to minimize light pollution.
e. The adequacy of usable open space areas in existence and as proposed to serve the development.
Response: The CFPUD is required and provides 30% usable open space.
f. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
Response: Existing public facilities are in place to serve the proposed CFPUD.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
Response: The subject property and surrounding areas can accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular
case, based on determination that such modifications of justified as meeting public purposes to a degree
at least equivalent to literal application of such regulations.
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 5
Response: The proposed project meets a public purpose, providing a critical need within our
community to an under-served population.
REZONE CRITERIA
Per LDC Section 10.02.08.F, the report and recommendations of the Planning Commission to the Board of
County Commissioners shall show that the Planning Commission has studied and considered the proposed
change in relation to the following findings, when applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land
use map and the elements of the Growth Management Plan.
Response: The proposed rezone request is consistent with the goals, objectivesand policiesof the Future
Land Use Element. The property is located within the Golden Gate Parkway Institutional Subdistrict
which permits the proposed Central Receiving Facility. The rezone is consistent with the Collier County
Growth Management Plan.
2. The existing land use pattern.
Response: The proposed use is consistent and compatible with the existing land use patterns, which
consists of both residential and non-residential development.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
Response: The subject property is located within the existing Golden Gate Parkway Institutional
Subdistrict, which is comprised of 16.3-acres. The Subdistrict also includes the existing David Lawrence
Center and Parkway Life Church properties, west of the subject site. This rezone request does not create
an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property
proposed for change.
Response: Existing boundaries were not illogically drawn in relation to existing conditions on the subject
property.
5. Whether changed or changing conditions make the passage of the proposed amendment necessary.
Response: Changing conditions do not make the passage of the proposed amendment necessary;
however, there is a critical need within our community for the proposed use which make the proposed
amendment appropriate.
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 6
6. Whether the proposed change will adversely influence living conditions in the neighborhood.
Response: The proposed change will not adversely influence living conditions. Development standards,
preservation, buffers and the installation of a wall create compatibility with surrounding land uses. The
proposed Group Care facility is consistent with the Collier County Growth Management Plan.
7. Whether the proposed change will create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of
vehicular traffic, including activity during construction phases of the development, or otherwise affect
public safety.
Response: The proposed change will not create or excessively increase traffic congestion or create types
of traffic deemed incompatible with surrounding land uses or otherwise affect public safety. Please
refer to the Traffic Impact Statement.
8. Whether the proposed change will create a drainage problem.
Response: The proposed change will not create any drainage issues. The site will be designed, and
permitted, to Collier County and SFWMD standards.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Response: The proposed change will not seriously reduce light and air to adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Response: The proposed change will not adversely affect property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
Response: The proposed change will not be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an individual owner as
contrasted with the public welfare.
Response: The proposed change will not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare.
9.A.2.e
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 7
13. Whether there are substantial reasons why the property cannot be used in accordance with existing
zoning.
Response: While the County’s Growth Management Plan permits for the proposed use, the rezone is
necessary. The site is currently zoned Estates, which does not allow for the use. The rezone is consistent
with the Urban Estates Future Land Use Element of the Golden Gate Area Master Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the county.
Response: The proposed rezone will permit a Central Receiving Facility, a critical need within the County.
The project serves a public purpose.
15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already
permitting such use.
Response: A Board-directed site feasibility study was conducted in 2020, which assessed the potential
of locating the proposed facility at five (5) different locations, and on February 23, 2021, the Board
selected the subject site as being the most appropriate. The proximity to the existing David Lawrence
Center will allow synergy and cohesion between the two properties, allowing operations to run more
efficiently. The closeness of Interstate 75 is also a great advantage to EMS and the Collier County
Sherriff’s Office.
16. The physical characteristics of the property and the degree of site alteration which would be required to
make the property usable for any of the range of potential uses under the proposed zoning classification.
Response: The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for the propose use being requested within the CFPUD is typical
of and does not vary from similar development in Collier County.
17. The impact of development on the availability of adequate public facilities and services consistent with
the levels of service adopted in the Collier County Growth Management Plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as
amended.
Response: There is adequate public facilities and services to serve and accommodate the project.
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.
Response: The proposed use does not create adverse impacts on public health, safety and welfare. The
proposed project serves a public purpose and will meet a critical need within the community. Any factors or
criteria that the Board of County Commissioners deem important shall be determined by the Board.
9.A.2.e
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 8
Consistency with the Growth Management Plan
Future Land Use Element
Policy 5.6:
New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in
the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as
amended).
Response: The Collier County Behavioral Health Center CFPUD has been designed to be compatible with
surrounding land uses. The development standards, outlined in Exhibit B of the PUD, provide setbacks and
building heights that are compatible with surrounding zoning/land uses. The preserve has been strategically
located to serve as an additional buffer to residential development to the north, a deviation has been
requested allowing to increase the permitted maximum wall height from 8’ up to 10’ which will mitigate noise,
glare and light that may emanate from the proposed facility. Lighting will be Dark Skies compliant to minimize
light pollution.
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.
Response: The site will have direct access to Golden Gate Parkway, a six-lane major arterial roadway. The
PUD Master Plan depicts a potential interconnection with the adjacent property to the west (Parkway Life
Church).
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.
Response: The site will be designed to provide sufficient internal circulation, and PUD Master Plan depicts a
potential interconnection with the adjacent property to the west (Parkway Life Church).
Policy 7.3
All new and existing developments shall be encouraged to connect their local streets and their interconnection
points with adjoining neighborhoods or other developments regardless of land use type.
Response: The PUD Master Plan depicts a potential interconnection with the adjacent property to the west
(Parkway Life Church). The interconnect will be provided if the property owners come to an agreement.
9.A.2.e
Packet Pg. 501 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
June 3, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 9
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.
Response: The property will provide internal sidewalks and open space.
Conservation and Coastal Management Element
Objectives 6.1 and 6.2
The proposed development is comprised of ±5.15-acres and located outside of the Coastal High-Hazard Area,
which is required to retain 15% native vegetation on-site. Although, an exception from the vegetation retention
standards may be granted for right-way acquisitions by any governmental entity for the purposes necessary for
roadway construction. The proposed development is encumbered by a 50’ plattedright-of-way easement and an
additional 33’ right-of-way, utility and drainage easement along the southern property line, equating to ±0.63-
acres. The removal of the easement area from the development would require the Subdistrict to retain 10% native
vegetation on-site (4.52-acres). Therefore, language has been added to the proposed Subdistrict text, requiring
the development to preserve 10% existing native vegetation on-site. The preserve reduction is further warranted
by the project meeting a public purpose, providing a critical need within our community. The required preserve is
identified on the PUD Master Plan. Allowable uses within the preserves will not include any determinantal activity
to drainage, flood control, water conservation, erosion control or fish and wildlife conservation and preservation.
All required agency permits will be obtained, as necessary, and provided to Collier County at the time of SDP.
There are no wetlands on-site. Please refer to the Environmental Supplement.
Objective 7.1
A listed species survey has been conducted on the Project site in accordance with Florida Fish and Wildlife
Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. A listed species
management plan is included in the Environmental Data Report for approval by the County. The development
will comply with appropriate permitting requirements regarding listed species protection. No listed species were
observed during the survey. The proposed PUD rezone is consistent with Policy 7.1. Please refer to the
Environmental Supplement.
9.A.2.e
Packet Pg. 502 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
Collier County Behavioral
Health Center
Environmental Data
PREPARED BY:
PENINSULA ENGINEERING
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105
MAY 2022
Revised July 2022
_
BRUCE LAYMAN, SPWS
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Collier County Behavioral Health Center
Environmental Data
2
P:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Reports
TABLE OF CONTENTS
1. INTRODUCTION ..................................................................................................................................... 3
2. PROJECT METHODOLOGY ..................................................................................................................... 3
2.1. Listed Wildlife Survey .................................................................................................................... 3
2.2. Listed Plant Survey ........................................................................................................................ 4
2.3. Habitat/Wetland Mapping ............................................................................................................ 4
3. SURVEY RESULTS ................................................................................................................................... 4
3.1. Listed Wildlife Species Observed/Identified On Site ..................................................................... 4
3.2. Listed Wildlife Species Not Observed On-Site But With Potential to Occur On Site .................... 5
3.3. Listed Plant Species Observed On Site .......................................................................................... 6
3.4. Habitat/Wetland Mapping – Native Preserve ............................................................................... 6
4. SUMMARY ............................................................................................................................................. 7
5. REFERENCES CITED ................................................................................................................................ 7
TABLES
Table 1 - Listed Species and Vegetation Survey Details. ............................................................................. 10
Table 2 - Listed Plant and Wildlife Species Observed ................................................................................. 10
Table 3 - Non-listed Wildlife Species Observed .......................................................................................... 10
Table 4 - Estimated Probability of Occurrence of Non-Observed Listed Faunal Species ........................... 10
Table 5 - Estimated Probability of Occurrence of Non-Observed Listed Floral Species ........................... 11
Table 6 - Existing Vegetative Associations and Land Uses ........................................................................ 11
APPENDICES
Appendix A - Existing Vegetation Association & Land Use Descriptions
FIGURES
Figure 1 - Existing Conditions
Figure 2 – Bear Incident Location Map
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Collier County Behavioral Health Center
Environmental Data
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P:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Reports
1. INTRODUCTION
Peninsula Engineering (PE) entered into an agreement to provide environmental services associated with a
5.15-acre parcel known as the Collier County Behavioral Health Center (the Center) parcel. The
Environmental Data author credentials include undergraduate and graduate degrees in the environmental
sciences and full-time employment as an Environmental Consultant/Ecologist in Lee and Collier Counties
since 1992. The project site is located in Section 29; Township 49 South, Range 26 East, Collier County,
Florida. The parcel is bordered on the north and east by residential development, on the south by Golden
Gate Parkway and a mix of residential and commercial uses, and on the west by the Parkway Life Church
of God. Except for the right-of-way along the southern property boundary, and a small encroachment
from the neighbor to the east, the site is forested pine flatwood and contains moderate exotic vegetation
coverage.
This protected species survey was conducted, and the results summarized herein, to support local, state,
and federal environmental permitting.
2. PROJECT METHODOLOGY
Bruce Layman, Ecologist with PE, conducted a listed species survey consistent Collier County Conservation
and Coastal Management Element (CCME) Objective 7.1 and its implementing policies and with Florida
Fish and Wildlife Conservation Commission standards on the subject property. The dates, times and
weather conditions are summarized in Table 1. The following information describes the methodologies
employed:
2.1. Listed Wildlife Survey
Prior to conducting the listed species surveys, color aerial and topographic LIDAR imagery were
reviewed to anticipate which habitats may be present. Various publications and databases were
also reviewed to identify listed plant and wildlife species that are regionally present and that
could occur and those habitat types. Based on the habitat types identified on site, and the noted
data sources, a preliminary list of state and federal listed flora and fauna that could occur on the
project site was generated to help focus survey effort.
FWC’s Florida’s Endangered and Threatened Species (FWC, 2016) was used to determine the
“listed” state and federal status designation of wildlife species.
The field survey consisted of one ecologist performing east/west parallel meandering pedestrian
transects spaced approximately 50 to 100 feet on center based on habitat type and visibility
limits. These transects are illustrated on Figure 1 entitled Existing Conditions.
The field observer was equipped with a compass, GPS, color aerial, binoculars, and a field
notebook. During pedestrian transects, the ecologist periodically stopped, looked for wildlife,
signs of wildlife, and listened for wildlife vocalizations. Due to habitats present and likelihood of
occurrence (not to the exclusion of other potential listed species), the ecologist specifically
surveyed for the potential presence of the Eastern indigo snake (Drymarchon corais couperi),
gopher tortoise (Gopherus polyphemus), Big Cypress fox squirrel (Sciurus niger avicennia), and
trees containing cavities that could be used by the Florida bonneted bat (Eumops floridanus;
FBB) for roosting.
The approximate location of observed listed wildlife species and their numbers were mapped on
an aerial and recorded in a field notebook. The locations of fixed resources, such as gopher
tortoise burrows or cavity trees were recorded using hand-held GPS and flagged with high-
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visibility survey ribbon. Non-listed wildlife species were recorded daily.
2.2. Listed Plant Survey
Over the course of conducting the survey for listed wildlife, the PE ecologist searched for plants
listed by the Florida Department of Agriculture (FDA) and the U.S. Fish and Wildlife Service (FWS)
and those species defined by Collier County as rare and less rare. The state and federal agencies
have categorized the various plant species based upon their relative abundance in natural
communities. Those categorizations include “Endangered”, “Threatened”, and “Commercially
Exploited”.
The protection afforded plants listed solely by FDA entails restrictions on harvesting or destroying
plants found on private lands of another, or public lands, without permission and/or a permit
from FDA. Unless the sale of plants is involved, there are no restrictions for landowners to impact
such plants. These provisions are found in Section 581.185, FDA under State law. Rare and less
rare species are protected in accordance with Collier County LDC Section 3.04.03.
2.3. Habitat/Wetland Mapping
The habitat and wetland survey included the preparation of a Florida Land Use, Cover and Forms
Classification System (FLUCCS) map delineating the major vegetation communities and land uses
present on the project site. A FLUCCS Map for the project site is provided as Figure 1 entitled
Existing Conditions. The methods and class descriptions found in the FLUCCS manual (FDOT,
1999) were followed when delineating and assigning areas to an appropriate FLUCCS category
(class) or “codes”. Preliminary wetland limits were mapped using the standard state and federal
wetland delineation methodologies and direct field observations and aerial photo interpretation.
Color aerial photos were used in the field to map the vegetative communities on the site.
An important factor in mapping vegetative associations and local habitats is the invasion by the
exotic plant species, such as melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus
terebinthifolius), and earleaf acacia (Acacia auriculiformis). Four levels of exotic density are
typically recognized. Code modifiers may be appended to the base FLUCCS code to indicate the
approximate density of exotic vegetation in the canopy or understory, as follows:
E0 = Exotics <10%
E1 = Exotics 10-24%
E2 = Exotics 25-49%
E3 = Exotics 50-75%
E4 = Exotics 75<%
Wet season high water (WSHW) elevation was not estimated due to the lack of wetlands and
surface waters, and lack of signs of above-ground standing water.
3. SURVEY RESULTS
3.1. Listed Wildlife Species Observed/Identified On Site
No state or federal listed wildlife species were observed on site during the listed species survey.
With no listed species observed during the survey, the proposed PUD rezone is consistent with
CCME Policy 7.1.
The project site contained no US Fish and Wildlife Service-designated listed species critical
habitat.
All non-listed wildlife species, either directly observed or audibly detected on site, are listed in
Table 3.
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Regional bear incident data from FWC (Figure 2) suggest that bears (Ursus americanus floridanus)
have the potential to occur on site. Though the black bear is no longer listed as protected, the
FWC is likely to suggest conservation measures during the state Environmental Resource
Permitting Process to minimize adverse effects on the species.
3.2. Listed Wildlife Species Not Observed But With Potential to Occur On Site
The following is a discussion of listed wildlife species that were not observed during either survey,
but which are considered to have potential to occur due to the presence of suitable habitat,
confirmed sightings in the region, or the parcel’s being located within the consultation area for a
given species. Species with greater than near zero potential to occur on site are summarized in
Table 4.
The gopher tortoise (Gopherus polyphemus) is listed as Threatened by the FWC and it is not listed
by FWS. Given the presence of pine flatwoods on site, this species was considered to be
potentially present. No signs of the species (i.e., burrows, scat) were observed during the listed
species survey and they are no longer considered a candidate to occur on site.
The Big Cypress fox squirrel (Sciurus niger avicennia; BCFS) is listed as Threatened by FWC and its
distribution is believed to be limited to an area south of the Caloosahatchee River and west to the
Everglades. The BCFS is usually associated with FLUCCS codes 411, 621, and 624 and prefers
habitats with open park-like mid-story and groundcover strata. Such areas on site are small and
isolated. Since site conditions are not conducive for use by this species and no evidence of the
BCFS (i.e., direct sightings, nests, day beds, etc.) was observed on site during the survey, it is
anticipated that the potential for this species to occur on site is very low.
Due to the lack of wetlands on or adjacent to the site, no listed wading birds are anticipated to
use the site.
The red-cockaded woodpecker (Picoides borealis; RCW) is listed as Endangered by FWS and the
project site is located within the FWS consultation area for this species. No RCW cavity trees
were observed on site during the listed species survey, nor were any RCW vocalizations detected.
The site contains few live slash pines and the property is not contiguous with regional forested
pine area that might otherwise support the species. As such, there is near zero potential for the
species to use the site.
The site does not fall within the Florida panther (Felis concolor coryi) consultation area.
The Florida bonneted bat (Eumops floridanus; FBB) is listed as Endangered by FWS and the site
falls within the FWS consultation area for this species. Given that the FBB is known to travel great
distances to forage, there is potential for the species to commute or forage over the parcel. Per
FWS guidelines, if an impact to potential foraging habitat is less than 50 acres, the FWS presumes
that the proposed loss will not impair an individual’s ability to feed or breed due to loss of
foraging habitat.
There is relatively little known about the life-history needs of the species; however, it has been
suggested in the literature that roosts may be a limiting resource for this bat. As such, the
ecologist specifically searched for trees with cavities that could potentially be used as roosts by
the FBB. The site contained few large pines that had died and remained standing. A single dead
pine tree was observed on site and it contained woodpecker cavities that appeared of sufficient
size for use by bats and none of them exhibited signs of use by bats such as smudging or the
presence of guano. Approximately half of the sapwood had already decomposed, detached, and
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fallen off the tree’s core. It is not anticipated that the remaining sap wood will remain attached
for very long. If the rotten sapwood persists, the cavities will be inspected, as appropriate,
during the Environmental Resource Permitting process for the potential presence of roosting
bats, and the FWS 2019 Consultation Key for the Florida Bonneted Bat will be followed to make
an appropriate affect determination during the state environmental permitting process.
The Eastern indigo snake (Drymarchon corais couperi) is listed as Endangered by FWS. Indigo
snakes inhabit pine forests, hardwood hammocks, scrub and other uplands. They also rely
heavily on a variety of wetland habitats for feeding and temperature regulation needs. Though
no indigo snakes were observed on site, it is typically assumed that there may be potential for the
species to be present. Adhering to the FWS standard Eastern Indigo Snake Protection
Precautions may be proposed during the Environmental Resource Permitting process as a means
to minimize the potential adverse effect on the species.
Though the bald eagle (Haliaeetus leucocephalus) is not state or federally listed, it is protected by
the Bald and Golden Eagle Protection Act. No eagle nest was observed on site. Per the Audubon
EagleWatch Program website, https://cbop.audubon.org/conservation/about-eaglewatch-
program, the nearest known eagle nest (nest CO054) is located over one mile northwest of the
parcel. The site is located well beyond the protection zones of that nest.
3.3. Listed Plant Species Observed On Site
One (1) species of listed plant (listed per FDA list; and identified as “less rare” by Collier County
LDC) was observed on site during the field survey. The species observed was the stiff-leafed wild
pine (Tillandsia fasciculata). The specimen that was observed was located approximately 15’
above the ground on one of the few cypress trees located on site. No permit is required by FDA
to impact the plant, and due to the plant’s elevation exceeding 8’ above the ground surface,
Collier County LDC Section 3.04.03 does not require that the individual plant be preserved.
No plant species listed by FWS were observed during the field survey.
The listed plant species observed, and their state and federal listing status, are provided in Table
2.
3.4. Habitat/Wetland Mapping – Native Preserve
The natural area of the project site is comprised of 4.34 acres of pine flatwood which meets
Collier County’s definition of native habitat. Based upon the proposed use of the property, a
minimum of 15% of the existing native vegetation would need to be preserved to be consistent
with the Land Development Code. However, due to the significant acreage of the site that is
encumbered by Collier County right-of-way, and given that the proposed land use has been
identified by the County as a critical service in the community, the applicant is requesting a
deviation to preserve 10% of the existing native vegetation acreage on site in order to maximize
the effectiveness of the proposed Center.
As per the Master Plan provided in support of the proposed rezone, 0.45 acres of native habitat
are proposed to be preserved on site. The FLUCCS code along with a brief description and
acreage are provided in Table 6 and a detailed description of the FLUCCS code is provided in
Appendix A.
Based upon current field conditions, and application of state/federal wetland delineation
methodology, it is anticipated that there are no wetlands or surface waters on site. This has not
been verified by either the South Florida Water Management District or the Florida Department
of Environmental Protection (under the State 404 Program). Verification will take place during
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the respective environmental permit reviews.
No hydrobiological indicators were found on site and control elevation was established be
compatible with adjacent permitted water management systems.
4. SUMMARY
Results of the survey reflect a lack of state and federal listed wildlife and a lack of federal listed
plant species. The protection afforded the state-listed stiff-leaved wild pine observed on site
entails restrictions on harvesting or destroying plants found on private lands of another, or
public lands, without permission and/or a permit from FDA. There are no restrictions for
landowners to impact the observed plant species unless the sale of plants is involved.
Therefore, there are no state restrictions on impacting the observed wild pine on the subject
property. Per LDC Section 3.04.03, there are no Collier County restrictions on impacting the
observed plant due to its height exceeding 8’ above grade.
If, during the Environmental Resource Permitting process, it is assumed that there is potential
for the Eastern indigo snake to occur on site, the owner may consider following the FWS
standard Eastern Indigo Snake Protection Precautions to minimize potential adverse effects on
the species. Similarly, the potential for the bonneted bat to roost on site, including
consideration of possible protection measures, as appropriate, will likely be addressed during
ERP review, to sufficiently minimize the Center’s potential impact on the species.
Though not listed by either FWC or FWS, the black bear may come up as a point of discussion
during the state Environmental Resource Permitting process. Measures to educate the end user
of the land, and protection of the bear during and after construction, are likely to be addressed at
that time.
Based upon a proposed commercial use of the property, the Collier County LDC specifies that 15%
of the existing native vegetation should be preserved. However, due to constraints placed on the
property by the large County right-of-way encumbrance, and because the proposed use is in
keeping with the County’s need for such facilities, the applicant is requesting that the 1f5%
preservation requirement be reduced to 10% to maximize the effectiveness of the Center to
promote and rehabilitate behavioral health.
5. REFERENCES CITED
Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification
System. Procedure No. 550-010-001-a. Third Edition. Tallahassee, Florida.
Florida Fish and Wildlife Conservation Commission. 2013. Florida’s Endangered and Threatened
Species, Official List. Tallahassee, Florida.
Weaver, R.E. and P.J. Anderson. 2010. Notes on Florida’s Endangered and Threatened Plants.
Contribution No. 38, 5th edition.
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TABLES
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Table 1: Listed Species and Vegetation Survey Details
Ecologist Date Time of Day Weather Field Hours
Bruce Layman 5/9/22 8:30 a.m. - 11:30 a.m. 76°, clear, wind 0 mph 3.0
Total Hours 3.0
Table 2: Listed Plant and Wildlife Species Observed
Common Name Scientific Name Habitat Where Observed
By FLUCCS
FWC
Status
FWS
Status
FDA
Status
PLANTS
Stiff-leaved wild-pine Tillandsia fasciculata 411 N/A NL E
WILDLIFE
None
FDA = Florida Department of Agriculture and Consumer Services
FWC = Florida Fish and Wildlife Conservation Commission
FWS = United States Fish & Wildlife Service
E = Endangered
NL = Not Listed
N/A = Not Applicable
Table 3: Non-listed Wildlife Species Observed
Common Name Scientific Name
BIRDS
Blue jay Cyanocitta cristata
Mourning dove Zenaida macroura
AMPHIBIANS & REPTILES
None
MAMMALS
Eastern gray squirrel Sciurus carolinensis
Eastern cottontail Sylvilagus floridanus
Table 4: Estimated Probability of Occurrence of Non-Observed Listed Faunal Species
Common Name
Scientific Name Status
(FWC/FWS)
Estimated Occurrence*
Habitat by FLUCCS
Probable Possible Unlikely
BIRDS
None -
MAMMALS
Big Cypress fox squirrel Sciurus niger avicennia T/NL X 411
Florida bonneted bat Eumops floridanus E/E X 411
REPTILES
Eastern indigo snake Drymarchon corais couperi T/T X 411
FWC = Florida Fish and Wildlife Conservation Commission
FWS = United States Fish and Wildlife Service
T = Threatened
E = Endangered
NL = Not listed
* Probable Occurrence = >50% estimated chance of occurrence on site.
Possible Occurrence = <50% estimated chance of occurrence on site.
Unlikely Occurrence = <5% estimated chance of occurrence on site.
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Table 5: Estimated Probability of Occurrence of Non-Observed Listed Floral Species
Common Name Scientific Name Status
(FDA/FWS)
Estimated Occurrence* Habitat by FLUCCS Probable Possible Unlikely
Giant wild pine Tillandsia utriculata E/NL X 411
Inflated wild pine T. balbisiana E/NL X 411
Butterfly orchid Encyclia tampensis CE/N X 411
FWS = United States Fish and Wildlife Service
FDA = Food and Drug Administration
E = Endangered
CE = Commercially Exploited
NL = Not listed
* Probable Occurrence = >50% estimated chance of occurrence on site.
Possible Occurrence = <50% estimated chance of occurrence on site.
Unlikely Occurrence = <5% estimated chance of occurrence on site.
Table 6: Existing Vegetative Associations and Land Uses
FLUCCS CODE FLUCCS DESCRIPTION East Parcel
Acres
411E2 Pine Flatwoods, Palmetto understory, Exotics 25%-49% 4.34
740 Disturbed Lands 0.18
814 Roads and Highways 0.63
TOTAL 5.15
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APPENDIX A
Existing Vegetative Association & Land Use Descriptions
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Existing Vegetative Association & Land Use Detailed Descriptions
Pine Flatwoods – Palmetto Understory (FLUCCS 411) – This community contains a sparse canopy
by slash pine (Pinus elliotti), cabbage palm (Sabal palmetto), and laurel oak (Quercus laurifolia). On
average, earleaf acacia (Acacia auriculiformis) and Brazilian pepper (Schinus terebinthifolius)
comprise 25%-49% of the midstory and canopy strata. Saw palmetto (Serenoa repens) is dominant
and represents the groundcover. Pine duff is prominent as are vines - including muscadine grape
(Vitis rotundifolia), poison ivy (Toxicodendron radicans), and cat briar (Smilax rotundifolia).
Disturbed Lands (FLUCCS 740) – This is area that was cleared and partially improved for
parking/storage area by a neighboring property.
Roads and Highways (FLUCCS 814) – This represents the paved driving surface, maintained
shoulder, and powerline easement for, and along, Golden Gate Parkway.
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FIGURE 1
Existing Conditions
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FIGURE 2
Bear Incident Location Map
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Traffic Impact Statement
Collier County Behavioral Health Center
CFPUD Application
Collier County, Florida
6/6/2022
Prepared for: Prepared by:
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239-403-6700
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Phone: 239-566-9551
Email: ntrebilcock@trebilcock.biz
Collier County Transportation Methodology Fee* – $500.00 Fee
Collier County Transportation Review Fee* – Major Study – $1,500.00 Fee
Note – *to be collected at time of first submittal
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Trebilcock Consulting Solutions, PA Page | 2
Statement of Certification
I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision
and that I have experience and training in the field of Traffic and Transportation Engineering.
Norman J. Trebilcock, AICP, PE, PTOE
FL Registration No. 47116
Trebilcock Consulting Solutions, PA
2800 Davis Boulevard, Suite 200
Naples, FL 34104
Company Cert. of Auth. No. 27796
This item has been electronically signed and sealed
by Norman J. Trebilcock, P.E., State of Florida
license 47116, using a SHA-1 authentication code.
Printed copies of this document are not considered
signed and sealed, and the SHA-1 authentication
code must be verified on any electronic copies.
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Trebilcock Consulting Solutions, PA Page | 3
Table of Contents
Project Description ......................................................................................................................... 4
Trip Generation ............................................................................................................................... 5
Trip Distribution and Assignment ................................................................................................... 5
Future Background Traffic Volumes ............................................................................................... 9
Existing and Future Roadway Conditions Without Project ............................................................ 9
Future Conditions With Project .................................................................................................... 10
Site Access Management .............................................................................................................. 12
Improvement Analysis .................................................................................................................. 12
Mitigation of Impact ..................................................................................................................... 12
Appendices
Appendix A: Project Master Site Plan .......................................................................................... 13
Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 15
Appendix C: ITE Trip Generation .................................................................................................. 24
Appendix D: FDOT Generalized Level of Service Tables .............................................................. 32
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Project Description
The subject Planned Unit Development Rezone (PUDZ) petition includes a request to rezone property from
the Estates (E) Zoning District to the Collier County Behavioral Health Center Community Facilities Planned
Unit Development (CFPUD), to permit a Central Receiving Facility (Group Care Facility) to serve persons
experiencing an acute mental health or substance use crisis. The CFPUD will permit up to 64,000 square
feet (SF) and 102 patient beds. The property is located on the north side of Golden Gate Pkwy. in Collier
County, just east of the existing David Lawrence Mental Center (whose address is 6075 Bathey Lane),±0.5-
miles west of Santa Barbara Boulevard and ±0.5-miles east of I-75 and consists of ±5.15 acres.
Refer to Figure 1 – Project Location Map and Appendix A: Project Master Site Plan.
A methodology memorandum was transmitted via email to the Collier County Transportation Planning
staff on June 1, 2022 and a revised one on June 6, 2022 (ref. Appendix B: Initial Meeting Checklist
(Methodology Meeting)).
The project access connection to the surrounding roadway network is proposed as one direct
connection onto Golden Gate Pkwy. A detailed evaluation of it will be performed at the time of site
development permitting.
Figure 1 – Project Location
Project
Location
N
I-75Golden Gate Parkway
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Trip Generation
The CFPUD is treated for trip generation purposes as 64,000 SF of Hospital. There are an insufficient
number of ITE studies and too much data scatter to justify using beds as the independent variable.
ITE rates or equations are used for the trip generation calculations, as applicable. The ITE formulae
coefficients and 11th edition data pages are provided in Appendix C. The trip generation associated with
the proposed build-out condition is summarized in Table 1.
In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified
based on the proposed project highest peak hour trip generation (net new total trips) and consistent
with the peak hour of the adjacent street traffic. Based on the information contained in the Collier
County 2021 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway
network is PM peak hour.
Trip Distribution and Assignment
Table 1 includes a trip generation estimate based on number of employees to estimate the number that
produces the same PM peak hour two-way trip generation as the proposed floor area. That number of
service employees (363) was placed in a new centroid on Golden Gate Parkway at the project location
and its traffic traced using the Collier County Adopted 2045 Long Range Transportation Plan’s FSUTMS
travel demand model, the District One Regional Planning Model (D1RPM). The percentage distribution
pattern for project traffic is shown in Figure 2. The result on I-75 north of Golden Gate Pkwy. is
expanded in Figure 3.
Table 1 - Trip Generation
Rate (1) or Eqn.
(2)PM Peak Hour AM Peak Hour
Use Daily AM PM
Daily
TrafficInOutTotalInOutTotal
Hospital 610A 1000 SF 64 2 2 2 3,808 49 90 139 101 50 151
Hospital 610E Employees 363 2 2 2 3,256 42 97 139 162 63 225
Trip Generation Rates from ITE Trip Generation Manual 11th Ed.
ITE
LU#
Measure-
ment Unit
# of
Units
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Figure 3 – Project Trip Distribution
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Table 2 contains the road segments on which the project impact was reviewed. Roadway configuration
and minimum standard service volumes are from the 2021 AUIR. The I-75 service volume is from FDOT
Generalized Service Volume Table 7 (Appendix D). The distribution percentages are the averages at the
segment endpoints. The calculations that Table 2 contains are performed with more decimal places than
those displayed. Using only the displayed decimals may yield slightly different results. The project does
not significantly impact any adjacent roadway segments.
Table 2 –Project Traffic Distribution and PM Peak Hour Impact
AUIR ID
#
Roadway
Link From To
Percent
of Total
Project
Traffic
(1)
PM
Peak
Hour
Project
Traffic
N/E (2)
PM
Peak
Hour
Project
Traffic
S/W (2)
Existing
Config-
uration
(3)
LOS
Mini-
mum
Stan-
dard
Existing
Peak
Hour
Peak
Direct-
ion
Service
Volume
(3)
Signif-
icance
Thres-
hold
(%) (4)
Peak
Direct-
ion
Project
Traffic
as Per-
centage
of
Service
Volume
Signif-
icant
Impact
Y/N
20.2
Golden
Gate
Parkway
Livingston
Road I-75 15.6 8 14 6D E 3550 2
0.4 N
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 55.7 27 50 6D E 3300 2 1.5 N
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
44.3 40 22 6D E 3300 2
1.2 N
22.0
Golden
Gate
Parkway
Santa
Barbara
Boulevard
Collier
Boulevard 13.9 13 6 4D D 1980 2 0.7 N
76.0
Santa
Barbara
Boulevard
Green
Boulevard
Golden
Gate
Parkway
10.9 10 5 4D D 2100 2 0.5 N
77.0
Santa
Barbara
Boulevard
Golden
Gate
Parkway
Radio Road 12.5 6 11 6D E 3100 2 0.4 N
1021.0 I-75 CR 951
Golden
Gate
Parkway
3.3 2 3 6F D 5780 2 0.1 N
1022.0 I-75
Golden
Gate
Parkway
Pine Ridge
Road 37.0 33 18 6F D 5780 2 0.6 N
Notes: 1) Figure 2
2) Percentage times PM peak hour net new external directional project traffic totals Table 1
3) Based on 2021 AUIR data and FDOT Generalized LOS Table 7
4) Collier County TIS Guidelines
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Future Background Traffic Volumes
Tables 3 through 5 contain information for the segment of Golden Gate Pkwy. directly accessed by the
project to demonstrate that it is not currently operating nor will it with the addition of project traffic be
operating above 110% of the adopted service capacity. In Table 3, the annual growth rate listed is the
one used in the 2021 AUIR to predict future deficiencies and is used to inflate the existing year peak
hour peak direction volume from the 2021 AUIR to the analysis year 2027.
The result above is compared with the 2021 AUIR volume plus the trip bank volume. The higher of the
two results is used as the future background traffic volume. The calculations that Table 3 contains are
performed with more decimal places than those displayed. Using only the displayed decimals may yield
slightly different results.
Existing and Future Roadway Conditions Without Project
The existing roadway conditions are from the Collier County 2021 AUIR, and the future roadway
conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that
are currently under construction or are scheduled to be constructed within the five-year Transportation
Improvement Plan (TIP) or Capital Improvement Program (CIP) are considered committed
improvements. No improvements to the evaluated roadways are programmed.
Table 3 – Future Background Traffic
2027 2027
AUIR
ID #
Road- way
Link From To
Existing
Year
Peak
Hour
Peak
Direct-
ion
Volume
(1)
Peak
Direct-
ion (1)
AUIR
Annual
Percent
Growth
Rate for
First 5
years (1)
Growth
Factor
(2)
Trip
Bank
Volume
(1)
Growth
Rate
Based
Peak
Hour
Peak
Direct-
ion
Back-
ground
Traffic
Volume
AUIR +
Trip
Bank
Volume
Peak
Hour
Peak
Direct-
ion
Back-
ground
Traffic
Volume
(3)
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 1920 E 2.0% 1.126 14 2162 1934 2162
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
1920 E 2.0% 1.126 14 2162 1934 2162
Notes: 1) 2021 AUIR
2) Growth Factor = (1+R)^6
3) Greater of Growth based estimate or Existing + Trip Bank
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The existing and future roadway conditions are illustrated in Table 4. The segment is operating at
acceptable level of service in existing conditions and under future background traffic conditions. The
calculations that Table 4 contains are performed with more decimal places than those displayed. Using
only the displayed decimals may yield slightly different results.
Future Conditions With Project
Table 5 adds the project traffic volumes developed in Table 2 to the 2027 background traffic volumes
developed in Table 4. In most cases the peak direction of project traffic aligns with the peak direction of
background traffic. In those cases, the background traffic portion of the total traffic is the peak hour
peak direction volume from Table 5.
In the cases where the two peak directions (background and project) are opposed, a D factor of 0.56 is
assumed for the background traffic, the average of the values used for interrupted flow facilities in the
FDOT Generalized Service Volume Table for Urbanized Areas (see Appendix D). This factor is used to
estimate the background two-way volume, and hence to establish the two directional components of
that two-way volume. Directional project traffic volumes from Table 2 are added and the maximum of
the resulting two total traffic directional volumes is used as the basis of analysis. The significantly
impacted segments are operating at acceptable level of service when project traffic is added to future
background traffic. The calculations that the table contains are performed with more decimal places
than those displayed. Using only the displayed decimals may yield slightly different results.
The roadway segment will be operating at acceptable level of service in the future year with the addition
of project traffic.
The analyzed roadway is located within the East Central Transportation Concurrency Management Area
(TCMA). In agreement with Policy 5.7 of the Transportation Element, the TCMA concurrency is
Table 4 – Existing and Future Roadway Conditions
2027 2027 2027 2027 2027
AUIR
ID #
Roadway
Link From To
Existing
Config-
uration
(1)
Existing
Peak
Hour
Peak
Direct-
ion
Service
Volume
(1)
Existing
Year
Peak
Hour
Peak
Direct-
ion
Volume
(1)
Exist-
ing
Year
V/C
Level
of
Service
Defic-
iency
Yes/
No
Config-
uration
(1)
Peak
Hour
Peak
Direct-
ion
Service
Volume
(1)
Peak
Hour
Peak
Direct-
ion Back-
ground
Traffic
Volume
(2)
Back-
ground
Traffic
V/C
Level
of
Service
Defic-
iency
Yes/
No
21.0
Golden
Gate
Parkway
I-75 Project
Entrance 6D 3300 1920 0.58 No 6D 3300 2162 0.66 No
21.0
Golden
Gate
Parkway
Project
Entrance
Santa
Barbara
Boulevard
6D 3300 1920 0.58 No 6D 3300 2162 0.66 No
Notes: 1) Based on 2021 AUIR data or approved future roadway improvements
2) Table 3
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measured on a system-wide basis such that each TCMA shall maintain 85% of its lane miles at or above the LOS standards. Based on the information contained in the 2021 AUIR, the East Central TCMA percent lane miles meeting standard is 100.0%Table 5 -Future Roadway Total Traffic Conditions
20272027 2027 2027AUIR ID #Roadway Link From ToPeak Hour Peak Direct- ion Back-ground Traffic Volume (1)Back- ground Traffic Peak Direct- ion (1)PM Peak Hour Project Traffic N/E (2)PM Peak Hour Project Traffic S/W (2)Back- ground Traffic Direct- ional Split (3)Back- ground Traffic N/EBack- ground Traffic S/WTotal Traffic N/ETotal Traffic S/WTotal Traffic Analy- sis Vol-umePeak Hour Peak Direct- ion Serv- ice Vol- ume (4)Total Traffic V/CLevel of Service Defic- iency Yes/ No21.0Golden Gate ParkwayI-75Project Entrance2162 N/E 27 50 0.56 2162 1699 2189 1749 2189 3300 0.66 No21.0Golden Gate ParkwayProject EntranceSanta Barbara Boulevard2162 N/E 40 22 2202 3300 0.67 NoNotes: 1) Table 32) Table 23) Appendix D4) Table 49.A.2.ePacket Pg. 529Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
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Site Access Management
According to Collier County sources, Golden Gate Pkwy. at the project entrance is a future Functional
Class 3 roadway whose posted speed limit is 45 mph.
The connection spacing finalized during the site development plan approval process will be consistent
with Collier County Resolution 2013-257 which specifies a minimum of 660 feet between connections,
2,640 feet (0.5 miles) between signalized intersections, and 660 feet and 1,320 feet between directional
and full median openings respectively, and any site access management requirements of the Corridor
Management Overlay.
Improvement Analysis
Based on the results illustrated within this traffic analysis, the proposed project creates no significant
impacts on adjacent roadway segments.
Mitigation of Impact
The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are
issued for the project, as applicable.
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Appendix A:
Project Master Site Plan
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Appendix B:
Initial Meeting Checklist (Methodology Meeting)
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Appendix C:
ITE Trip Generation
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Appendix D:
FDOT Generalized Level of Service Tables
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Collier County Behavioral Health Center CFPUD
PUDZ-PL20220002221
August 1, 2022
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
Page | 1
COLLIER COUNTY BEHAVIORAL HEALTH CENTER CFPUD
Deviation Justifications
1. Deviation #1 seeks relief from LDC Section 5.03.02.D.1 “Maximum Fence and Wall Height,” which permits a
maximum fence/wall height of 8’ for commercial developments, to instead allow a maximum wall height up
to 10’ for the CFPUD.
Response: The request to increase the permitted maximum wall height from 8’ up to a maximum of 10’ is
at the request of adjacent property owners, made during the initial public outreach meeting held on May
4, 2022. The increase in wall height will mitigate light, headlight glare and noise which may emanate
from the proposed facility. The wall will serve as a barrier, along with required landscape buffers, to
adjacent single-family development.
2. Deviation #2 seeks relief from LDC Section 5.05.04.C “Group Housing,” which requires a 500’ separation
between group housing facilities, to instead allow a ±330’ separation between the proposed Collier County
Behavioral Health Center and the existing David Lawrence Center.
Response: The proposed Collier County Behavioral Health Center is located ±330’ east ofthe existing David
Lawrence Center (DLC). Through a Long-Term Lease and Operating Agreement (OR Book 5957/ Page
2210), DLC will grant the subject property to Collier County, the County will construct the proposed
behavioral health center and DLC will operate and lease the facility from the County. Therefore, the
proposed facility will be an extension of the existing DLC site. Allowing the proposed facility to be located
on the subject property will create synergy between the two facilities, allowing DLC operations to run more
efficiently. In addition, the subject property is proximate to I-75, which is beneficial to the Collier County
Sheriff’s Office and EMS. Refer to the attached Separation Exhibit.
3. Deviation #3 seeks relief from LDC Section 3.05.07.H.1h.iii. “Wall Setbacks from Preserves,” which requires
decorative walls to provide a minimum 5’ setback from preserve boundaries, to instead allow the perimeter
buffer walls along the northern and eastern property boundaries to provide a 2’ setback from preserve
boundaries.
Response: An enhanced 15’ Type ‘B’ buffer, consisting of a 10’ solid wall and above code minimum plant
material, is being provided adjacent to single-family residential development to address compatibility
with the adjacent use. The setback reduction is necessary so that 100% of the plantings within the buffer
can be provided on the external side of the wall, while retaining the ability to meet the 10% on-site
retained native vegetation requirement with the proposed design. Current plans of the wall do not require
trenching for construction of the wall, and with appropriate barrier installation along the preserve limit in
advance of construction, the 2’ setback is anticipated to provide ample space to prevent damage to the
existing vegetation within the preserve during construction. A preserve restoration plan will be provided
at time of SDP, if deemed necessary. The setback reduction does not negatively affect public health, safety
or welfare, but rather provides a public benefit by concurrently maximizing the proposed use and
accommodating the compatibility of adjacent uses.
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X
X
Scott Burgess, CEO
David Lawrence Mental Health Center, Inc.
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
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 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
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
David Lawrence Mental Health Center, Inc.100%
A Florida Not-For-Profit Corporation
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
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, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
1/28/2021
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
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 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-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:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
Jessica Harrelson, AICP - Agent
6/3/2022
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S89°40'50"E 330.00'(P)S89°31'15"W 330.00'(S)N00°19'10"E 680.00'(P)N00°28'45"W 680.00'(S)S89°40'50"E 330.00'(P)S89°31'15"W 330.00'(S)N00°19'10"E 680.00'(P)N00°28'45"W 680.00'(S)50.00'33.00'597.00'597.00'33.00'50.00'TRACT 66, GOLDEN GATE ESTATES UNIT NO. 30(VACANT)59, UNIT 30PARKWAY LIFE CHURCH OF GODPARCEL NO. 3816512000EAST 75 FEET OFTHE WEST 180 FEET OFTRACT 75, UNIT 30SOUTHHALL, HAZELPARCEL NO. 38166520001WEST 105 FEET OFTHE WEST 180 FEET OFTRACT 75, UNIT 30BALZER, NATHANPARCEL NO. 38166560003THE EAST 150 FEET OFTRACT 58 UNIT 30FAWCETT, WILLIAMPARCEL NO. 38165040003WEST 150 FEET OFTRACT 67, UNIT 30KENT, JEAN APARCEL NO. 38165680007WEST 75 FEETOF THE EAST180 FEET OFTRACT 67, UNIT 30ANDERSON, JOHNPARCEL NO. 38165720006EAST 105 FEET OFTRACT 67, UNIT 30HAYES JR., JAMES BPARCEL NO. 38165760008WEST 180 FEET OFTRACT 74, UNIT 30SCHENK, PAULPARCEL NO. 38166480002GOLDEN GATE PARKWAY11.18.48.79.09.39.47.811.311.28.39.39.49.59.58.411.411.511.210.98.69.49.39.69.49.48.810.09.29.07.59.39.78.59.28.88.67.99.68.49.98.19.89.210.59.59.39.69.59.39.49.08.88.48.78.99.110.710.89.910.010.79.59.610.09.99.28.89.38.611.914.09.53.98.69.89.314.110.213.29.711.3811.2710.6911.0911.3611.7311.6711.5311.5711.1610.8410.4711.0511.1810.9810.8610.2910.6810.9611.3611.4211.5711.4511.1010.6810.4610.9710.9411.3511.1910.6110.8911.1811.5411.6811.9511.2211.1010.7411.3511.4911.5911.4310.8511.1911.5112.1811.9812.1012.3312.4012.0411.6211.4411.1511.5911.829.359.359.379.539.609.559.4910.8011.0711.2411.2611.2211.1011.2411.6910.859.359.379.359.329.329.259.259.269.279.279.259.159.269.269.269.349.359.379.09XX6'± CONCRETE SIDEWALKMITERED ENDINVERT = 8.20CURB INLETRIM = 10.28INVERT = 6.71BENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 11.30CORNER OF BRICKPAVER DRIVE IS 0.9'WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 2.3'WEST OFPROPERTY LINECORNER OF CONCRETE DRIVE IS 2.8' WEST OFPROPERTY LINECORNER OF CONCRETE DRIVE IS 2.8' WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 1.1'WEST OFPROPERTY LINECORNER OF BRICKPAVER DRIVE IS 1.3'WEST OFPROPERTY LINECORNER OF CHAINLINK FENCE IS 0.7'WEST OFPROPERTY LINECORNER OF CHAINLINK FENCE IS 1.1'WEST OFPROPERTY LINEEND OF ALUMINUM RAILFENCE IS 18.3' WEST OFPROPERTY LINEEND OF ALUMINUM RAILFENCE IS 22.9' EAST OFPROPERTY LINEEDGE OF DIRT PILEN00°19'10"E 660.00'(P)N00°27'23"W 659.96'(S)N00°19'10"E 660.00'(P)N00°25'55"W 659.93'(S)S89°40'50"E 330.00'(P)S89°30'59"W 329.72'(S)S89°40'50"E 660.00'(P)N89°31'25"E 659.79'(S)PAINTED LEAF LANE (SIGN)28TH AVENUE S.W. (PLAT)60' WIDE RIGHT OF WAYN00°19'10"E 30.00'(P)N00°22'31"W 29.92'(S)FOUND CONCRETE MONUMENTIN PLATTED P.R.M. POSITIONFOUND PK NAIL AND DISCSTAMPED WKMFOUND PK NAILIN BOX CUTFOUND PK NAILS89°40'50"W 1650.00'(P)S89°31'27"W 1649.77'(S)FOUND PK NAILIN BOX CUTN00°19'10"E 30.00'(P)N00°42'24"W 29.68'(S)FOUND 5/8" IRONPIN IN PLATTEDP.R.M. POSITIONPLATTED 100'
ROAD EASEMENT33' WIDE R.O.W. U.E. AND D.E.EASEMENT(O.R. BOOK 3406 PAGE 132)LIFT STATIONCONTROL PANEL8' X 12'SHEDEXISTINGASPHALTPARKINGEXISTINGASPHALTPARKING6' X 7'SHED CLIENT:TITLE:FILE NO.:SHEET OFREVISION DESCRIPTION28421 BONITA CROSSINGS BOULEVARDCOASTAL AND MARINE ENGINEERINGENVIRONMENTAL AND GEOLOGICAL SERVICESLAND AND MARINE SURVEY AND MAPPINGBONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143www.coastalengineering.comServing Florida Since 1977THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OFSERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED.REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION ANDADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BEWITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 05/23/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED:F.B.ACAD NO.PG.DRAWN:DATE:SCALE:SEC.TWP.RNG.22.02711BOUNDARY SURVEYPENINSULA ENGINEERING1" = 40'N/AN/A26E49S22.2705/25/22MMWRJE29LEGAL DESCRIPTIONTRACT 66, UNIT 30, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF ASRECORDED IN PLAT BOOK 7, PAGE 58,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 224,400 SQUARE FEET OR 5.15ACRES OF LAND.SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.GENERAL NOTES1. = FOUND 4"X4" CONCRETE MONUMENT.2. = SET 5/8" IRON PIN AND CAP STAMPED CEC LB 2464.3. = FOUND PK NAIL AND DISC AS NOTED.4. BEARINGS BASED ON A GRID BEARING OF S89°30'59"W ON THE CENTERLINE OF PAINTED LEAF LANE.5. DESCRIBED PROPERTY LIES IN FLOOD ZONE AH, ELEVATION 10.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0411H DATED MAY 16, 2012.6. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).7. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.8. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.LEGEND(P) = PLAT DATA(S) = SURVEY DATA(TYP.) = TYPICALOHU = OVERHEAD UTILITY LINE = FIRE HYDRANT = BACTERIAL SAMPLING POINT = CONCRETE POWER POLE = WOOD POWER POLE = FIBER OPTICS MARKER = CLEANOUT = ELECTRIC SERVICE = WATER METER = TELEPHONE RISERR.O.W. = RIGHT OF WAYU.E. = UTILITY EASEMENTD.E. = DRAINAGE EASEMENTFOR THE BENEFIT OFPENINSULA ENGINEERINGSCALE: 1" = 40'402004080 OF TRACT 66, UNIT 30, GOLDENGATE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDEDIN PLAT BOOK 7, PAGE 58,OF THE PUBLIC RECORDS OF COLLIERCOUNTY, FLORIDA.9.A.2.ePacket Pg. 578
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¯0400200FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYEXHIBIT V.B-FUTURE LAND USE MAPP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31-Future_Land_Use Map.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendCollier County Behavioral Health Center: 5.15-acresCategory(67$7(60,;('86(',675,&7CONDITIONAL USE SUBDISTRICT(67$7(60,;('86(',675,&75(6,'(17,$/(67$7(668%',675,&7(67$7(60,;('86(',675,&7*2/'(1*$7(3$5.:$<,167,787,21$/68%',675,&7Golden Gate ParkwayBathey LaneGolden Gate Parkway9.A.2.ePacket Pg. 590
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632
LEGAL DESCRIPTION
TRACT 66, UNIT 30, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7,
PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 224,400 SQUARE FEET OR 5.15 ACRES OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
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¯01,000500FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-31-Location_Map.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:EXHIBIT V.A.Ͳ>Kd/KEDWͬ Z/>2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional Subdistrict: 16.3-acresCollier County Behavioral Health Center: 5.15-acresGG PARKWAYGolden Gate ParkwayGolden Gate ParkwayGolden Gate ParkwaySanta Barbara Blvd9.A.2.ePacket Pg. 592
¯0400200FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYEXHIBIT V.A.3-ZONING MAP (SHEET 2 of 2)COLLIER COUNTY BEHAVIORAL HEALTH CENTERP:\Active_Projects\P-VENC-002\001_Venture_Church_SDP_CU\Planning\GIS\2022-05-26_Zoning_Exhibit.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional SubdistrictCollier County Behavioral Health Center: 5.15-acres300' BufferCorridor Management OverlayZONINGESTATESGG PARKWAYGG PARKWAYDavid Lawrence CenterProvisional Use,Conditional UseParkway Life Church:Conditional UseNaples Bridge Center:Provisional Use,Conditional UsePrimera Iglesia CristianaProvisional UseThe Able Academy:Provisional Use,Conditional UseThe Pelican Community Centerand Lutheran ChurchProvisional Use,Conditional Use9.A.2.ePacket Pg. 593
¯0800400FeetCOLLIER COUNTY BEHAVIORALHEALTH CENTERGOLDEN GATE PARKWAYEXHIBIT V.A.3-ZONING MAP (SHEET 1 of 2)GOLDEN GATE PARKWAY INSTITUTIONAL SUBDISTRICTP:\Active_Projects\P-CCMH-001\001_CC_Mental_Health\Planning\GIS\2022-05-26_Zoning_Exhibit2.mxdDate Saved: 5/31/2022 PROJECT:NOTES:EXHIBIT DESC:2600 Golden Gate ParkwayNaples, FL 34105CLIENT:LOCATION:SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2022)LegendGolden Gate Parkway Institutional Subdistrict300' BufferZONINGESTATESCorridor Management OverlayGG PARKWAYGolden Gate Parkway9.A.2.ePacket Pg. 594
Mental Health and Addiction Services
Five Year Strategic Plan
2020-2024
Collier County Mental Illness
and Addiction Ad Hoc
Advisory Committee
October 29, 2019
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PAGE 2
IIntroduction
Starting in 2017, an informal group of community stakeholders began to meet with the
goal of improving the continuum of care around mental health and addiction services in
Collier County.
Throughout this process, the group identified many strengths in the community,
including agencies and stakeholders exceptionally dedicated to supporting each other in
collaborative efforts and ideas. Communication thrived as issues were discussed, and the
group worked to eliminate silos and better coordinate services.
Programs were identified, created, and enhanced through partnership efforts. The Collier
County Sheriff’s Office has invested considerable resources in its Mental Health Bureau,
and the County’s three problem-solving courts continue to see improved results in
recidivism and cost-avoidance. Law enforcement, corrections, local government and the
courts take an active role in providing substance use and mental health intervention and
treatment, including crisis response, diversion, treatment services in the county jail.
The David Lawrence Center and other community providers have enhanced the services
being provided in the County, but demand continues to grow as the population and
mental health awareness expands. Collier County Government has continually increased
the resources provided to law enforcement, the courts, and community health care
providers during this same time period.
Several collaborative working groups are in place that align well with this Mental Health
and Addiction Services Strategic Plan and should be complementary in its advancement
such as: Blue Zones, Collier County Public Safety Coordinating Council, Criminal Justice,
Mental Health, and Substance Abuse Planning Council, Community Behavioral Health
Advisory Committee, and community groups such as the Community Foundation of
Collier County and Richard M. Schulze Family Foundation.
Providers of treatment for substance use disorders and mental illness work
collaboratively to refer individuals to the appropriate treatment modality based on
diagnosis. They identify high service utilizers for enhanced services. They are committed
to utilizing evidence-based practices that have emerged in recent years to improve
care. These practices include medication assisted treatment, assisted outpatient
treatment, problem-solving courts, housing first and the use of both mental health
professionals and trained peers.
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The greater Collier County community supports increased access to treatment for
substance use disorders and mental illness as evidenced by voter approval of the Collier
County Infrastructure Sales Surtax, which included $25 million for the Central Receiving
Facility/System.
A strong sense of community is also reflected throughout the philanthropic efforts of
Collier County. The Committee would like to acknowledge the financial support of the
Community Foundation of Collier County, as well as the countless hours that our
residents donate to improving outcomes and service within, Collier County.
All these aforementioned strengths have come together in the creation of the Collier
County Mental Illness and Addiction Ad Hoc Advisory Committee and are reflected
throughout the five-year strategic plan.
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Committee Origin, Membership, and Charge
On December 11, 2018 the Collier County Board of County Commissioners approved
Resolution 2018-2321 establishing the Mental Illness and Addiction Ad Hoc Advisory
Committee. The Advisory Committee was charged with making recommendations
regarding the County’s role in providing assistance and treatment of adults with mental
health and substance use disorders.
The Resolution required that Committee membership not exceed 19 individuals
appointed by the Board with consideration given to ensure geographic and background
diversity. Special qualifications for membership included:
x representative designated by a Veteran services organization;
x representative designated by the Collier County Sheriff’s Office;
x representative designated by a Collier County grantor entity which provides
funding to providers of services for mental illness and substance use disorders for
adults;
x psychiatrist, licensed to practice in Florida;
x behavioral health professional, licensed to practice in Florida;
x medical health professional;
x representative from a homelessness advocacy organization;
x representative of the David Lawrence Center, Inc.;
x representative from the National Alliance on Mental Illness;
x a certified peer specialist;
x representative from the recovery community;
x representatives from the local business community; and,
x representatives at-large with experience or demonstrated interest in mental illness
and substance use disorders.
The Resolution defined the purpose of the Committee to include “providing input from
all entities involved in providing assistance to, and the treatment of, persons with mental
health or addiction issues, both public and private, as well as members of the public, to
identify existing mental and behavioral health services issues in the community to ensure
the inclusion of all possible services, treatment, and public and private assistance for
county residents struggling with mental illness and/or substance use disorders.”
The Committee was charged with development of a five-year strategic plan for mental
health and addiction services. Following review and adoption of this strategic plan by
the Board of County Commissioners, the Collier County Mental Illness and Addiction
Ad Hoc Advisory Committee will sunset, per Resolution 2018-232. In order to ensure
follow through on this plan’s priorities, the Committee recommends exploring an
1 Appendix B
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arrangement with community non-profits and private sector partners to drive, monitor,
and evaluate implementation of the recommendations in the plan. This group, meeting
quarterly, should be coordinated through existing channels and established committees,
such as the Collier County Public Safety Coordinating Council and/or Criminal Justice,
Mental Health, and Substance Abuse Planning Council.
Members of the Ad Hoc Advisory Committee would be invited to attend along with
interest members of these and other groups that touch no topics related to mental health
and substance use disorders. The Community Foundation of Collier County is seen as a
potential convener/host of these quarterly meetings. The Committee also recommends
that an external evaluation of progress toward plan and priority implementation be
completed and reviewed by the Board of County Commissioners during the fourth
quarter of 2021.
Mission Statement
The Committee adopted the following mission statement:
“The Committee will collaboratively plan for and support a coordinated effort for a full
array of evidence informed services and supports to improve the lives of adults with
mental health and substance use disorders and overall quality of life in the Collier County
community.”
Collier County Committee Work and Report Development
The Mental Illness and Addiction Ad Hoc Advisory Committee was organized and
convened for the first time on January 4, 2019. Ultimately the Committee met 21 times
over the course of the year, including 18 regular meetings and 3 half day workshops to
organize the information included in this report.
The Committee utilized its meeting time to gather information and develop strategies to
implement the priorities established in the Mental Illness and Substance Use Strategic
Plan submitted to the Board of County Commissioners in June 2018 and included as
Appendix D to this report. External subject matter experts made presentations to the
Committee on issues related to Housing, Veteran Services and the design of a Data
Collaborative. The knowledge gained from study of those priorities was applied in 4-
hour planning workshops held on August 10, September 12 and October 8. During these
workshops the Committee restated those priorities and established the goals, objectives
and an action plan for the implementation of each priority that follows in this report.
In preparing this report the Committee used the format employed by the Substance
Abuse and Mental Health Services Administration (SAMHSA) in its most recent Strategic
Plan. SAMHSA is the federal agency that promotes a vision for the United States
behavioral health care system, establishes national policy directives along with other
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Federal partners and allocates Mental Health and Substance Abuse funding to states and
local communities through block and discretionary grant programs. In the spirit of
recovery, the Committee recognizes SAMHSA’s working definition of recovery from
mental disorders and/or substance us disorders that was developed by dozens of
stakeholders as: “A process of change through which individuals improve their health
and wellness, live a self-directed life, and strive to reach their full potential”. There are
four major dimensions that support a life in recovery: Health, Home, Purpose and
Community. With those four pillars, there are 10 Guiding Principles of Recovery:
1. Recovery emerges from hope
2. Recovery is person-driven
3. Recovery occurs via many pathways
4. Recovery is holistic
5. Recovery is supported by peers and allies
6. Recovery is supported through relationship and social networks
7. Recovery is culturally-based and influenced
8. Recovery is supported by addressing trauma
9.Recovery involves individual, family and community strengths and responsibility
10. Recovery is based on respect
This report attempts to replicates SAMHSA’s approach, then summarizes our
recommendations for each priority through action plans. Selected SAMHSA evidenced-
based practices tool kits and best practices guidelines that align with the plan are
included in Appendix C of this report.
This report identifies six (6) priorities that we recommend receive ongoing attention and
support by the Board of County Commissioners over the next five years. Some priorities
will require substantial financial support, while others will require little funding, but will
require the involvement of County staff working in collaboration with community
partners. Financial considerations are discussed in Appendix A of this report.
The priorities, ranked in order of their relative importance by the Committee, are:
1. Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis;
2.Increase Housing and Supportive Services for Persons with Serious Mental Illness
and/or Substance Dependence;
3. Establish a Mental Health and Substance Use Disorder Data Collaborative for Data
Sharing, Collection and Outcomes Reporting;
4.Increase the Capacity and Effectiveness of Justice System Response for Persons
Experiencing Serious Mental Illness and/or Substance Use Disorders;
5. Revise and Implement Non-Emergency Baker Act and Marchman Act
Transportation Plans, and;
6.Improve Community Prevention and Advocacy Related to Mental Health and
Substance Use Disorders.
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis;
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Special Considerations
The Committee identified Veterans as a population that we recommend receive special
consideration. Specific attention must be paid to the unique needs of Veterans in all
activities related to these priorities, ensuring that there is easy access to treatment and
specialized programs to assist Veterans experiencing Post Traumatic Stress Disorder and
Traumatic Brain Injury both in community programs and from the Veterans
Administration.
The Committee also received input from the public regarding the special needs of Senior
Adults, particularly those in cognitive decline who experience profound changes in their
behavior and emotional stability as a result of their illness. These individuals require
specialized care very different from that provided in Baker Act Receiving Facilities that
primarily treat individuals in crisis from a mood or thought disorder.
In addition, all services, programs and activities related to the identified Priorities and
special populations must be grounded in the best available Evidence Based or Evidence
Informed Practices in order to ensure maximum quality and cost effectiveness in services
provided to the community. See Appendix C for a more detailed discussion of the
importance of utilizing evidence based or evidence informed practices.
Limitations
It should be noted that this planning process was limited in scope to issues related to
mental health and substance abuse disorders exclusively among adults age 18 and older,
except for the Committee’s prevention priority. The provision of mental health and
substance use disorder treatment to children and adolescents younger than age 18
involves a substantially different set of issues, diagnoses, and community providers in
domains that include schools, child welfare agencies, juvenile justice programs, and
treatment providers. In recent years, there has been substantial expansion in both
preventative and interventional programs offered to children and adolescents in
response to multiple issues including the increasing number of children requiring
protective services, human trafficking, and mass casualty events in schools that have
occurred across the country, including nearby Parkland, Florida. The Committee
anticipates that the Prevention activities proposed in this plan will be both supportive of
and integrated with these new services and programs for children and adolescents.
Further we would encourage a similar community wide planning effort in support of
even more comprehensive mental health and substance use disorder services for Collier’s
children and adolescents.
Acknowledgements
The Committee would like to thank and acknowledge the numerous county and agency
staff, presenters, guests, volunteers, and members of the public who provided input and
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participated in the planning process, as well as the generous financial support of the
Community Foundation of Collier County.
On the following pages find the Committee’s recommendations regarding the six plan
priorities that emerged from its deliberations, including goals, objectives and outcomes
anticipated for each. Action plans for each priority are also provided in Appendix F,
offering an “at a glance” overview of the inputs required, activities to be conducted and
outcomes anticipated for each priority.
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Priority #1
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis
Overview: A Central Receiving System consists of a designated central receiving facility
with 24 hour assessment, inpatient and related services that serve as a single point or a
coordinated system of entry and treatment for individuals needing evaluation or
stabilization under section 394.463 (Baker Act) or section 397.675, (Marchman Act)
Florida Statutes, or crisis services as defined in subsections 394.67(17)-(18), Florida
Statutes. The Collier County Community Needs and Assets Assessment (2017) noted the
need for additional inpatient beds and more than 80% of its health focus group
participants identified mental health and substance use issues as major public health
problems.
It should be noted that currently there is no local provision for involuntary inpatient
evaluation or stabilization under the Marchman Act. Due to this service deficiency all
persons requiring such services are treated at the Collier County Jail, a facility neither
designed nor appropriate for that purpose. The Central Receiving System will include a
secure inpatient Addictions Receiving Facility to address this major deficiency in our
local system of substance use disorder treatment.
CCSO Baker Acts (2001 – 2018)
Behavioral Health providers like the David Lawrence Center continue to see dramatically
increased demand for services, as evidenced by CCSO data that shows Baker Act cases
0
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200120022003200420052006200720082009201020112012201320142015201620172018Priority #1
Build and Operate a Central Receiving Facility/System to Serve Persons
Experiencing an Acute Mental Health or Substance Use Crisis
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increased from 1,182 in 2013 to 1,570 in 20182, or an increase of approximately 33%. Total
services from DLC provided to adults and children also increased from 165,062 in FY 13
to 276,989 in FY 19, or approximately 68%3.
The Collier County Infrastructure Sales Surtax will provide $25 million to build a new
facility that will house these services and increase capacity. While the Surtax will provide
the infrastructure necessary to expand facility capacity, additional funds will be required
to provide the human resources and other ongoing operational costs associated with the
central receiving system.
Funding to support operations, estimated at $2 Million - $3 Million annually, will require
federal, state, and local funding. In 2016-2017 the Florida Legislature authorized the
Department of Children and Families to support central receiving systems and awarded
funding to 3 Florida communities. A Legislative Budget Request closely aligned with the
requirements of the FY 16-17 appropriation and supported with matching dollars from
Collier County appears to be a logical approach for obtaining the needed operational
funds.
The County will study multiple options on where to locate the facility, including the
current site of the David Lawrence Center. Another potential option is to co-locate the
facility with other existing government services, such as the Collier County Government
Center. The location of the facility is an important decision that must take into account
the comprehensive system of services outlined in this plan, existing demand, and future
growth.
Goal: Ensure that there is a coordinated system and adequate capacity to assure that
citizens in crisis will be able to access emergency mental health and substance use
disorder services over the next 20 years.
Objectives:
x Design, build, staff, and operate Central Receiving Facility/System including an
access center and follow-up recovery-oriented treatment services in the
community by 2022
x Assure sustainable funding to ensure ongoing Central Receiving operations over
the next 20 years
x Provide both co-occurring Baker Act (Crisis Stabilization) and Marchman Act
(Detoxification) services as part of Central Receiving Facility/System
x Explore the feasibility of providing primary integrated healthcare at the new
facility
Outcome/Impacts:
2 Information provides by the Collier County Sheriff’s Office
3 Presentation to MHAAHC, September 2019
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x Increased access to mental health and substance use disorder crisis care
x Improved crisis care by offering a full range of mental health and substance use
crisis services and by providing direct linkage and a warm hand off to community-
based services following crisis care
x Reduced law enforcement processing time for an immediate drop-off
x Provide appropriate jail diversion options and services
x Reduced transfer time from local hospitals
x Improved patient satisfaction with access to and quality of care in crisis services
Data elements required to assess outcome and impact:
x Episode of care data
x Baker Act and Marchman Act Data – Both public and private facility data from
residents and non-residents of Collier County
x Law enforcement time in drop off data
x Hospital transfer referral data
x Crisis Intervention Team (CIT) data
x Jail Diversions as a result of the Central Receiving System
x Client satisfaction questionnaire at discharge
Workgroup: Scott Burgess, Susan Kimper
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Priority #2
Increase Housing and Supportive Services for Persons with
Serious Mental Illness and/or Substance Use Disorders
Overview: For people with mental health and substance use disorders, housing is
considered a ‘golden thread’, providing the foundation through which all aspects of
treatment and recovery are possible. When this basic need isn’t met, people cycle
tragically in and out of homelessness, jails, shelters, and hospitals at a high cost to
individuals and society. The Urban Land Institute’s 2017 report on housing, land use, and
real estate issues in Collier County noted that an area of concern was the lack of
residential mental health care and support services. Further, the recent Collier County
Needs Assessment Survey identified housing as the number one community need. While
this need extends beyond those with severe mental illness or substance use disorders, the
housing shortage exacerbates the problem for these especially vulnerable individuals.
Due to low incomes (typically less than $800 per month), discrimination, and difficulties
in daily functioning, persons with serious mental illnesses and substance use disorders
generally cannot compete for market rental housing. Additionally, affordable housing
units and supported housing programs have long wait lists and few in need can access
them.
To be successful, housing supports should follow evidence-based and evidence-informed
practices, including the use of the SAMHSA Permanent Supportive Housing Tool Kit; a
‘Housing First’ philosophy and model in which housing is a right, not a privilege;
eligibility is not dependent on psychiatric treatment compliance and sobriety; and
housing units are integrated within the community. An array of options should include
rental assistance vouchers, rapid re-housing, recovery housing, transitional housing, peer
run respite, and permanent supportive housing, each bundled with appropriate levels
and choices of services and supports.
Goal 1: Increase availability and accessibility of a variety of housing options and
supportive services for persons with mental health and substance use disorders.
Objectives:
x All Collier County-approved affordable housing should include a required set-
aside for persons with a mental health and/or substance use disorder, which may
require Board of County Commissioners action
x Increase number of private landlords accepting rental assistance vouchers
x Increase number of supportive housing and supported employment providers or
agencies
x Increase individual incomes beyond disability amounts to ensure long term
stability
x Ensure supportive housing rents are limited to 30% of the individual’s income
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x Implementation of a high fidelity Permanent Supportive Housing Evidenced-
based program
Goal 2: Homelessness among persons with mental health and substance use disorders is
rare, brief and one-time.
Objectives:
x 100% of people who are chronically homeless who are diagnosed with a severe
mental health disorder will be housed within 7 days of enrollment in coordinated
entry
x 100% individuals who are homeless will have immediate access to low-barrier
emergency shelter
x 100% of persons with a serious mental health disorders identified annually during
the Point in Time count will not meet the definition of chronically homeless
x Increase number of SOAR (SSI/SSDI Outreach, Access and Recovery)-trained staff
and number of dedicated staff hours to facilitate attainment of Social Security
benefits for eligible individuals
Outcomes/Impact:
x Increased number of affordable housing units available to persons with a mental
health and/or substance use disorder
x Increased number of persons receiving rental assistance/low income
housing/housing voucher
x Increased number of persons attaining SSI/SSD and accompanying Medicaid or
Medicare benefits
x Increased number of peer specialists employed in variety of roles in mental health
and substance use programs
x Increased number of days that residents are in stable housing in the community
x Increased number of days that housing residents worked for pay
Data elements required to assess outcome and impact:
x Number of agencies/providers
x Increased capacity/number of available housing units
x Number of hours of supportive services provided
x Number of persons or months on housing wait lists
x Number of persons who are chronically homeless identified during annual Point
in Time count
x County annual housing report
x State SAMH and Medicaid data systems
x Drug Court Case management system
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x Number of people accessing supportive housing upon reentry from county jail
and mental health or Veterans treatment court
x Local data collaborative reports
x Cost effectives report on permanent supportive housing after implementation; and
x Qualitative analysis from the residents served in supportive housing services;
using individual and focus group methods
Workgroup: Dr. Pam Baker, Cormac Giblin, Dr. Jerry Godshaw, Michael Overway
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Priority #3
Establish a Mental Health and Substance Use Disorder Data
Collaborative for Data Sharing, Collection and Outcomes Reporting
Overview: Chapter 163.62 F.S. authorizes governmental and certain private agencies to
share information. The mission of a mental health and substance use disorder data
collaborative would be enhancing the delivery of mental health programs to Collier
County residents by encouraging communication and collaboration among all related
community providers, organizations, interested government agencies, and educational
institutions. Potential partners would include, among others, the Collier County Board
of County Commissioners; Clerk of Circuit Court; Collier County Sheriff’s Office; the 20th
Judicial Circuit; Central Florida Behavioral Health Network; David Lawrence Center;
NAMI; Collier County Public Schools; Florida Department of Juvenile Justice; and the
University of South Florida (USF) Department of Mental Health, Law and Policy (Louis
de la Parte Florida Mental Health Institute); although not exclusive, those agencies would
be the primary members of the collaborative.
Goal: Create a data collaborative that will collect and analyze data from all stakeholders
that provide services to persons experiencing a mental health and/or substance use
disorder and use that information to continuously improve program quality and patient
outcomes.
Objectives:
x To inform the planning and delivery of mental health and substance use
prevention and treatment among all related community organizations.
Multiple sources will collect internal data and share with other entities,
providing a process for comprehensively using relevant data, both at the
system and clinical levels.
x Collect aggregate data for use in planning, quality improvement, program
evaluation, and grant applications. A repository, along with staff, is required
to maintain, aggregate, and disseminate reporting on the data collected.
Data elements required to assess outcome and impact:
A centralized data collaborative could collect information from entities including the
David Lawrence Center, National Alliance on Mental Illness, hospitals, courts, law
enforcement, community providers, including but not limited to:
x Numbers and demographics of persons served by each cross-system
and provider
x Calculation of the cost or persons served by each payer system, DCF,
Medicaid, County Jail, Medicare/Medicaid, Department of Corrections,
housing etc.
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x Demonstration of cost avoidance in criminal justice involvement
through jail diversion and reentry activities
x Justification for efficient distribution of public funding
x Number of days acute care units are at or over capacity
x Other metrics used to gauge effectiveness and efficiencies of the
community health system
Action Items:
x Start with a list of data points to report on – including frequency, length of
treatment, outcomes, granularity, and sophistication of data efforts can be
leveraged from those employed in other communities
x Consult with the USF Department of Mental Health, Law and Policy about existing
data collaboratives and permissions necessary to access public data
x Draft MOUs for each participating entity surround collection and distribution of
data
x Establish a steering committee to guide the project development
x Design a project plan to establish the database to house collaborative data
x Begin to collect data and report on a routine basis
Workgroup: Sean Callahan, Dr. Jerry Godshaw, Michael Overway.
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Priority #4
Increase the Capacity and Effectiveness of Justice System Response for Persons
Experiencing Serious Mental Illness and/or Substance Use Disorders
Overview: Persons with mental health disorders and/or substance use disorders are at
disproportionate risk to experience involvement with the criminal justice system.
Predictably, traditional justice responses such as jail or prison have done little to address
what is ultimately a treatable medical problem. Communities have been frustrated by
poor outcomes among this population in traditional justice settings, as persons with these
disorders have cycled in and out of jails at great expense, with no discernible benefit to
the individual or the community.
Enter the Problem-Solving Court movement, now an international effort, which began
when Miami-Dade County created the first drug court in 1989. The Problem-Solving
Court model has evolved to recognize certain key components, and corresponding
standards have been developed to ensure that all courts incorporate those components.
Simply stated, the model involves a multi-disciplinary team, led by a judge, serving a
targeted population within the criminal justice system which has an identifiable and
serious need for treatment intervention. The team aims to identify, as early in the process
as is possible, those persons in the justice system for whom a program of intensive
treatment, supervision and accountability can reasonably be expected to end the justice
involvement successfully, restore the individual to wellness and self-sufficiency, and
facilitate a lasting recovery from the disorder(s) that contributed to the criminal conduct
in the first place.
The Supreme Court of Florida has promulgated standards for drug courts and is
preparing to promulgate standards for mental health courts and Veteran treatment
courts. Additionally, the Supreme Court is working on a certification process for these
courts, which will ensure fidelity to the promulgated standards and maximize chances
for the best possible outcomes across a variety of populations in the state. Further, the
Legislature has created a dedicated and recurring funding source for these courts, with
funding expected to be tied into the upcoming certification process.
Now is the time for significant advancement of these powerful courts, and communities
are wise to commit themselves to positioning their courts to take advantage of these
developments for the best possible service of their population’s needs. Collier County has
long been a leader among counties in this regard, and has had a drug court since 1999, a
mental health court since 2007, and a Veteran treatment court since 2012. Significant steps
need to be taken in order to ensure the sustainability of these courts, as well as to continue
to grow and improve them.
Recidivism rates are notably lower for graduates of problem-solving courts, nationally
12-40%, compared to recidivism rates from the Florida Department of Corrections of
around 65%. For 2018, and through September 2019, graduation rates for Collier County’s
three problem-solving courts were:
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x Drug Court – 60% successfully graduated
x Mental Health Court – 63% successfully graduated
x Veterans Treatment Court – 75% successfully graduated
Immediately following the June 2018 Board of County Commissioners’ workshop on
mental health and addiction, a Rapid Response Team was formed in the 20th Judicial
Circuit to address profoundly mentally ill persons in jail facing misdemeanor charges.
Since then, fourteen individuals have been served, of which three are currently active.
For the other eleven, only one has had a negative outcome, having failed to remain
connected to services and being re-arrested. All others have been considered successful
outcomes.
In addition to problem-solving courts, there are a variety of related and complimentary
opportunities for increasing the capacity and effectiveness of the justice system’s
response to this population. Persons with mental health and substance use disorders are
not only disproportionately represented in the criminal divisions of the justice system,
but also in the family, domestic violence and dependency divisions. Expanding
behavioral health training for judges and practitioners within each of these divisions will
ensure that persons in need of treatment will be assisted in accessing it, and outcomes
overall will benefit from this holistic approach.
Goal 1:
Expedite deflection and diversion of persons with mental health and/or substance use
disorders prior to arrest and from jail to treatment, thereby reducing recidivism,
improving community safety and directing resources to optimize outcomes.
Goal 2:
Expand trauma-informed and trauma-responsive practices to all divisions of the justice
system and incorporate the use of court-supervised clinical assessments and treatment
plans as appropriate in each division.
Objectives:
x Ensure the sustained commitment of dedicated resources from each of the
disciplines represented on the multi-disciplinary teams for each problem-solving
court
x Ensure the achievement and maintenance of certification status for each problem-
solving court, so that stable funding can be obtained, and the overall sustainability
of these courts can be secured
x Ensure the collection and analysis of robust data in connection with the operation
of the problem-solving courts so that proper periodic evaluation and adjustment
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of the courts can be made to optimize efficacy, and so stable funding can be
obtained and maintained
x Expand capacity of existing problem-solving courts, including the case
management services to support persons served by the court in the community.
x Increase the accuracy and speed with which all incarcerated persons are screened
for mental health and substance use disorders
x Ensure that incarcerated persons who have been identified as having mental
health and substance use disorders are referred to appropriate jail-based or
community-based treatment services, as appropriate, and that they are referred
promptly to an appropriate jail diversion program or problem-solving court.
x Expand capacity of jail diversion programs for persons with the most severe and
persistent mental health disorders, including the case management services to
support persons served by the court in the community
x Implement medication assisted treatment in Collier County Jail and ensure
continued access to same in the community upon re-entry, regardless of whether
an individual is involved with a problem-solving court or diversionary program.
x Increase training for judges, attorneys, probation officers, investigators, case
managers, law enforcement officers and all other justice personnel in the causes
and treatment of both mental health and substance use disorders, and in topics
related to trauma, adverse childhood experiences, and trauma-informed and
trauma-responsive practices
x Encourage judges across all divisions to employ trauma-informed practices in
addressing parties who come before them, and to ensure that courts are set up to
be trauma-responsive whenever possible
Data elements required to assess outcome and impact:
x Reduced number of arrests and re-arrests
x Increase number of incarcerated persons who are screened for mental health and
substance use disorders
x Identify the number of people with co-occurring mental health and substance use
disorders, also in need of primary health care
x Conduct an analysis of the number and percentage of people served by the court
who have any type of health insurance
x Improved symptoms
x Improved child and family reunifications with supports
x Reduce time between removal of at-risk or dependent children from parents and
reunification of the family unit
x Increase number employed
x Increase number receiving additional education and training
x Increased independence and self-reliance
x Maintenance of sobriety - number of days sober
x Reduce relapse rates
x Increase medication adherence rates
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x Reduce time between arrest and screening for mental health and substance use
disorders
x Reduce time between arrest and referral to an appropriate problem-solving court
or diversionary treatment program
x Increased stable housing
x Increased number of treatment services
x Increased number of appropriate referrals into diversion
x Increased capacity of each diversionary court program
x Increased graduation rates
x Increased pathways to treatment (new programs)
x Reduce the number of adverse childhood experiences for children of adults
involved in the justice system, and increase opportunities to build resilience for
them
Workgroup: Judge Janeice Martin, Trista Meister, Janice Rosen.
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Priority #5
Revise and Implement Non-Emergency
Baker Act and Marchman Act Transportation Plans
Overview: In the continued best interest of persons in need of behavioral healthcare in
Collier County, there is a need to establish a non-emergency transportation plan for
individuals receiving involuntary evaluation and/or treatment under either Chapter 394
or 397 F.S. (Baker Act/Marchman Act) who are transferred between local receiving
facilities and local hospitals. The plan will ensure the coordination of services among
providers in Collier County and provide timely access to care for persons experiencing a
mental health/substance use crisis. Emergency transports of individuals having a mental
health/substance use crisis will still be completed by law enforcement.
The impact of law-enforcement non-emergency transport of individuals in severe mental
health or substance use crisis adds to the criminalization of mental illness/substance use.
It can also project a perception of adverse consequence(s) for the individual(s) seeking
help and delays access to timely treatment. Law enforcement involved in non-emergency
transportation can also cause further trauma to an individual.
The benefit of a coordinated system of care is less fragmentation of services and a more
human, efficient and cost-effective method of providing transport. The Collier County
Sheriff’s Office has spent a considerable amount of time and money providing non-
emergency transport of individuals with mental illness and/or substance use issues from
facility to facility. The amount of time law enforcement has spent in non-emergency
transports of people in crisis between facilities sums up to over 2,150 hours since 2017 at
a cost of approximately $250,000. A non-emergency transportation plan will free up law
enforcement to provide service and safety to our community. The plan will largely
eliminate non-emergency transport by law enforcement, providing a more dignified,
humane, and timely method of transportation to and from acute care facilities.
Hillsborough and Sarasota County have implemented non-emergency contractual
transportation plans with external transportation companies that pays for indigent care
to reduce the demand on law enforcement transportation. The transportation providers
may bill individual’s private insurance or Medicaid/Medicare. Collier County can utilize
the design and experience of these non-emergency plans in design of our non-emergency
transport plan.
Goal:
Whenever possible, the transportation of an individual under the Baker Act or the
Marchman Act from a medical facility to a receiving facility will be completed by a non-
emergency transportation provider.
Objectives:
x Implement a transportation plan that utilizes non-emergency transportation
companies (Ambitrans, MediCab, David Lawrence Center approved staff, or
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hospital-approved transportation) to transfer individuals being evaluated to
treated under the Baker Act or Marchman Act from a medical facility to a receiving
facility
x Establish safety provisions that include appropriate medical equipment or safety
equipment to meet client needs
x Establish appropriate level of supervision to ensure safety and prevent elopement
Outcome/Impacts:
x Provide a dignified, humane, and streamlined method of transportation to and
from acute care facilities
x Patient satisfaction with quality of care between receiving facilities
x Enhance the ability to fully utilize the capacity of acute care services in the county
and reduces the unnecessary delay of transfers between facilities
x Reduce the time that law enforcement is diverted from its primary duties to
transport a person being evaluated or treated under the Baker Act or Marchman
Act between receiving facilities and local hospitals
x Law enforcement and Collier County EMS will continue to transport Emergency
Baker Act or Marchman Act individuals to the appropriate receiving facility; and
x Enhanced continuity and care coordination among providers
Data elements required to assess outcome and impact:
x Collier County Sheriff's Office non-emergency Baker Act and Marchman Act
transport calls for service to David Lawrence Center
x Collier County Transportation Plan 2017-2020/Suncoast Region Substance Abuse
and Mental Health MOU
Workgroup: Lt. Leslie Weidenhammer, Susan Kimper
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Priority #6
Improve Community Prevention, Advocacy, and Education Related to
Mental Health and Substance Use Disorders
Overview: Preventing mental health and/or substance use disorders and related
problems is critical to our community’s behavioral and physical health. Prevention and
early intervention strategies can reduce the extent and impact of mental health and
substance use disorders in Collier County. Prevention approaches focus on helping
people develop the knowledge, attitudes, and skills they need to make good choices or
change harmful behaviors. Substance use and mental disorders can make daily activities
difficult and impair a person’s ability to work, interact with family, and fulfill other major
life functions. Mental illness and substance use disorders are among the top conditions
that cause disability in the United States. In addition, drug and alcohol use can lead to
other chronic diseases including diabetes and heart disease.
In 2017, 11.2 million Americans 18 years or older had a serious mental illness and 19.7
million people reported having a substance use disorder in the past year. Many
individuals experiencing a diagnosable mental health or substance use disorder do not
know they have one and do not seek help. For almost all mental health disorders, people
delay getting help, the median delay is 10 years, and of those who have been diagnosed
with a mental illness, only 41 percent of persons access mental health services in a given
year.
Collaborative and coordinated community efforts to provide awareness, education,
prevention and advocacy are critical to reducing the stigma associated with and the
myths surrounding mental illness and substance use disorders. A greater understanding
of mental illness and substance use interventions can offer the community invaluable
information on access to resources and better methods to support those who may be
experiencing these challenges. Implementation and supportive delivery of evidence-
based educational opportunities will allow individuals, community and family members
and businesses to better identify when someone may be experiencing mental health and
substance use issues and seek help sooner. Targeted public service information and
resources around mental illness and substance use will further contribute to stigma
reduction and expand awareness of educational opportunities offered in the community.
Goal:
Provide evidence-based education and training on mental health and substance use
disorders to the community at large.
Objectives:
x Create an ongoing mental health and substance use disorder educational program
for community businesses and organizations to increase knowledge and public
awareness
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x Make available ongoing education to 100% of the Collier population to increase
access to services and reduce stigma related to mental health and substance use
disorders
x Develop prevention and education activities in collaboration with SW Florida Blue
Zones Project and other health focused community organizations
x Expand the delivery of Mental Health First Aid Training in the community
Outcomes/Impact:
x Increase knowledge and awareness of mental illness and substance use disorders
to increase access to services
x Increased awareness and education can also increase availability of funding for
programs (private donor, grants, etc)
x Reduced loss of life and overdose due to substance use and suicide in Collier
County
x Decreased percentage of those experiencing symptoms of mental illness and/or
substance use enrolling in healthcare services
Data elements required to assess outcome and impact:
x Number of participating businesses and organizations in Collier County
x Number of educational programs provided
x Number of attendees
x Assess how the training was implemented
x Survey assessment of increased knowledge
Action Items:
x Establish or identify the evidence-based programs to utilize for trainings and
certification processes (ex. Adult and Youth Mental Health First Aid, Trauma
Informed Care, Suicide Awareness and Prevention, Substance Use Prevention and
Treatment)
x Identify collaborative organizations/agencies and staff to provide education and
awareness programs and materials
x Identify businesses, organizations, professionals and communities for roll out
(stages, communities, workplaces)
x Identify Public Service Announcement opportunities and methods of delivery
(TV, social media, brochures, town halls, ads)
x Develop and disseminate materials (how, where, to whom)
x Evaluate effectiveness of programs/materials utilizing pre/posts/surveys and
data from Community Health Needs Assessments
Workgroup: Caroline Brennan, Council Member Michelle McLeod, Pat Barton
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Special Consideration #1
Improve Services to Veterans Experiencing
Mental Health and/or Substance Use Disorders
Overview: Veterans make up approximately 10% (26,094) of the adult population in
Collier County, and an estimated 3,200 are post-Gulf War Veterans. As a country, and
community, we have a responsibility to help these Veterans and their families, who from
time to time are in need of an array of programs and services that cannot be solely
provided by the Department of Veterans Affairs (VA). Veterans receive the best care
when local communities work collaboratively with the VA to provide a variety of
supportive services.
Within this population the most significant issues are Post Traumatic Stress Disorder
(PTSD), traumatic depression, Traumatic Brain Injury (TBI), military sexual trauma, and
Veteran suicide. Nationally twenty (20) Veterans a day die by suicide, which is twice the
rate of the non-Veteran population. In addition, it is estimated that over 40% of Veterans
are returning home with PTSD and/or TBI. The primary reason is due to multiple tours
of duty which are unique to this generation of warriors, and the exposure to “Blast”
trauma to the body. These invisible wounds of war present create unique health and
transitional issues for Veterans that result in mental health and substance use issues. The
impact can be devastating for the Veterans and their families.
There is a need in our community to design and implement services and programs to
meet the unique needs of our Veteran population.
Goal:
Make the public and the Veteran community aware of the transitional, mental health,
substance use, housing, and employment needs of post-combat Veterans and mobilize
resources to address these issues for Veterans and their families.
Objectives:
x Reduce Veteran suicides – ensure that trackable data exists for Collier County
x Reduce Veteran substance use – 274 Collier County Veterans were treated by the
VA in 2018
x Reduce the number of Veterans arrested in Collier County, currently
approximately 100 per year
x Continue to keep accurate data on Veterans who are homeless and have mental
health and substance use issues to advocate for various grant programs, to include
VA’s Homeless Providers Grant and Per Diem Program, the VA’s Supportive
Housing (HUD-VASH), Low Demand Safe Havens, Substance Abuse Treatment
Programs and Community Resource Centers for Veterans
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x Increase the participation rate of Veterans in the diversion program provided by
the Veteran Treatment Court
x Reduce the number of homeless Veterans. A count conducted in July 2019
identified 40 plus homeless Veterans living in Collier County
x Include a part-time social worker in the staffing of the Central Receiving System
to interact with and ensure that Veterans are linked with specialized services to
meet their unique needs
x Employ a full-time social worker or other liaison as part of the Collier County
Veterans’ Service Office responsible for coordination of mental health public
education, outreach to Veterans and families, coordination with services at Bay
Pines, VA, Hunger and Homeless Coalition, Home Base and other service
providers
x Increase access to combat related unique treatments
x Educate and advocate on behalf of Veterans regarding size and demographics of
this group in our region
x Make Veterans and their families aware of and engaged in the programs and
services
Data elements required to assess outcome and impact:
x Number of homeless Veterans; number offered housing
x Number of Veterans arrested annually
x Number of Veterans enrolled in treatment
x Veteran treatment outcomes
Workgroup: Dr. Thomas Lansen, Dale Mullin
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COLLIER COUNTY MENTAL ILLNESS AND ADDICTION AD HOC COMMITTEE
MEMBERSHIP
Mr. Scott Burgess (chair), David Lawrence Center
Dr. Pamela Baker (vice-chair), NAMI Collier County
Lt. Leslie Weidenhammer, Collier County Sheriff’s Office
Council Member Michelle McLeod, Naples City Council
The Honorable Janeice Martin, County Judge, 20th Judicial Circuit
Ms. Caroline Brennan, Collier County Public Schools
Mr. Michael Overway, Hunger & Homeless Coalition
Ms. Susan Kimper, NCH Healthcare System
Mr. Dale Mullin, Wounded Warriors of Collier County
Dr. Paul Simeone, Lee Health
Ms. Trista Meister, Mindful Marketing
Ms. Pat Barton
Ms. Janice Rosen
Dr. Jerry Godshaw
Dr. Michael D’Amico
Dr. Thomas Lansen
Mr. Russell Budd
Mr. Reed Saunders
Staff Liaison: Mr. Sean Callahan, Collier County
Consultant: Mr. Chet Bell
Technical Review: Mr. Mark Engelhardt, University of South Florida, Department of Mental
Health, Law and Policy, Louis de La Parte Florida Mental Health Institute
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APPENDIX A: FINANCIAL CONSIDERATIONS
One of the items that will need to be considered is the cost of the services outlined in this
five-year strategic plan. With the increased demand for mental health and substance
abuse services in Collier County, the Board of County Commissioners has continued to
increase the amount of funding available and is planning to appropriate over $2.3 million
for David Lawrence Center in FY 19-20. This would represent an increase of roughly
$950,000 in County funding to DLC compared with FY 15-16. Over this same time period
DLC operating expenses, associated with growing programs and services to meet the
increased demand in Collier County, have also significantly increased and are projected
to grow in FY 19-20 by almost $3.9 million compared to FY 15-16. While the County has
increased funding, the State of Florida continues to be one of the worst funders in the
nation for mental health and substance use funding4 , has higher uninsured rates than the
national average (approx. 13% vs. 9%) and Collier County has one of the highest
uninsured rates in our region (16.8%).
With the passage of the Collier County Infrastructure Sales Surtax in 2018, $25 million in
funding is now available for the construction of a Central Receiving Facility. This funding
is limited in scope to be used only for infrastructure improvements and construction,
which leaves the funding of operations of the facility to be determined, estimated at $2
million - $3 million per year.
Should the Board of County Commissioners adopt this strategic plan as presented in this
report, the remaining items will also need to have funding identified for implementation.
This plan cannot solely rely on increased funding from the County and will need a
comprehensive strategy to leverage federal and state funding, along with private funding
to be raised from the community.
However, in addition to the hard costs associated with the plan’s implementation, a
successful continuum of care for mental health and substance use issues will drastically
reduce costs to the County. For example, cost avoidance analysis has revealed that
nationally $3.33 in “hard” justice (e.g. incarceration) costs are saved for every $1 invested
in Drug Courts, and number goes up to $27 when “soft” (e.g. reduced child welfare,
reduced ER visits, increased employee productivity, increased tax revenue, etc.) costs are
mixed in.
In 2015, the Pinellas County Board of County Commissioners committed funding to
address the needs of residents with serious behavioral health concerns who are
frequently hospitalized or incarcerated. The Pinellas County Empowerment Team
(PCET) pilot program was developed to respond to these issues and began delivering
services in June 2016 to a select group of individuals who represent some of the highest
service users in Pinellas County. In the “Year Two Cost Analysis,5” it was found by the
4 https://www.news-press.com/in-depth/news/local/2019/05/05/crisis-without-end-florida-ranks-last
5 PCET Empowerment Team High-Utillizer Behavioral Pilot, Year Two Cost Analysis, 2019, USF
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USF Department of Mental Health, Law and Policy, (PSRDC - Policy and Services
Research Data Center) that total costs for these systems decreased by 58.8% ($610,682) in
the first year and 56% ($580,321) in the second year for a total savings of $1,190,603.
Similar results in cost reductions can be expected in Collier County if this strategic plan
is implemented and will be tracked through the implementation of the data collaborative
outlined in the plan. This will lead to a better system of care for Collier County residents,
as well as recoup some of the initial investments made in the plan.
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APPENDIX B: RESOLUTION 2018-232 AND EXECUTIVE SUMMARY
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APPENDIX C: EVIDENCE-BASED PRACTICE AND SAMHSA TOOLKITS
Evidence-based practice (EBP) began as a movement when the concept was formally
introduced in medicine in 1992. This represents an attempt to systematically address the
research-to-practice gap that exists in areas of clinical practice, operations and policy-
setting, leading to the adoption of more rigorous, proven, and effective methods. Since
then, the methodology underlying EBP has been applied to various allied health
disciplines, along with spreading to other fields such as management, education and law.
When this occurs, the evidenced-base/informed approaches implemented are often
referred to as “best practices” in any given application or field.
At its most basic level, EBP bases systematic decision-making -in operations and clinical
practice -on existing science to reduce variation, improve outcomes and reduce cost.
Moreover, wherever possible, it also takes into consideration critical population
parameters, extant values, preferences, and available resources, along with
environmental and organizational contexts relevant to EBP implementation. A
distinction is often drawn between “evidenced-based” practices, where the benefits of a
process or treatment are delivered under highly controlled conditions, versus
“evidenced-informed”, which describes the modification of EBP to be used under less
ideal circumstances. The latter represents the modal use of EBP practices and is regarded
as a sensible place to start when such ideal circumstances do not exist.
The Transdisciplinary EBP model (Satterfield et al., 2009) depicted below illustrates an
optimal process where decision-making (and clinical practice) takes all of these variables
in to account, against the backdrop of the best available research evidence, to deliver
context-relevant, “best practices.”
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The use of evidence-based or informed practices and services in the implementation of
this strategic plan’s Priorities will enhance quality and cost effectiveness for the targeted
mental health and/or substance use disorders programs and services proposed.
Therefore, the Committee recognizes the importance of using SAMHSA’s Evidenced-
based Program (EBP) Tool Kits, Best Practices and Guidelines. A full list of SAMHSA’s
EBP’s can be found at the SAMHSA EBP Resource Center:
https://www.samhsa.gov/ebp-resource-center
In alignment with the Priorities in this strategic plan, use of the following EBP Tool Kits
in program implementation are recommended:
x Permanent Supportive Housing;
x Supported Employment;
x Integrated Treatment for Co-occurring Disorders; and
x Assertive Community Treatment
The following Guidelines are useful best practices for the implementation of this Strategic
Plan and are also recommended:
x Principles of Community based Behavioral Health Services for Justice Involved
Individuals: A research-Based Guide;
x Medicated Assisted Treatment in the Criminal Justice System: Brief Guidance to
States;
x Recovery Housing: Best Practices and Guidelines (Substance Abuse); and
x Crisis Intervention Team (CIT) Methods for Using Data to Inform Practice.
Outcomes/impacts of utilizing EBPs: Patient-centered metrics
x Decreased symptoms per targeted disorder (e.g., anxiety, SUD, trauma) leading to
improved global functioning;
x Increased # of days of work for pay;
x Lower arrest/incarceration rates;
x Decreased number and severity of medical co-morbidities (Congestive Heart
Failure, Diabetes);
x Decreased number and severity of negative social determinants of health (housing,
income, safety, education, access to health services); and
x Increased patient satisfaction.
Outcomes/impacts: Operational Metrics
x Increased training opportunities negotiated and initiated;
x Increased number of staff trained in evidence-based treatment/practices;
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x Increased number and percentage of patients referred to evidence-based treatment
as opposed to treatment as usual;
x Higher treatment adherence and completion rates of patients in evidence-based
treatment as opposed to treatment as usual;
x Lower “no show” rates in evidence-based treatment as opposed to treatment as
usual;
x Increased number of patients screened for various mental health/substance use
disorder problems;
x Decreased admission/readmission rates pre/post implementation of evidence-
based practices;
x Reduced number of ED visits pre/post; length of stay in outpatient treatment;
medication compliance; and
x Increased number of case management contacts with peer specialists and care
managers.
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APPENDIX D: 2018 DRAFT STRATEGIC PLAN
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APPENDIX E: CCSO MENTAL HEALTH BUREAU DATA
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APPENDIX F: ACTION PLANS Priority: _____Central Receiving Services_____ ACTION PLAN Goal: Ensure that there is a coordinated system and adequate capacity to assure that citizens in crisis will be able to access emergency mental health and substance use disorder services over the next 20 years. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year $25 Million for construction and related capital purchases for Central Receiving Services structure(s) $2-3 Million annual state and local government appropriation for Central Receiving Services operations Determine site. Define terms and processes regarding ownership, design, construction and funding of Central Receiving Services structure(s) and Furnishings, Fixtures and Equipment. Multiple activities related to design and construction of Central Receiving Services structure(s) and identification and procurement of FFE. Develop an operational budget and plan for sustainable funding for operations. Collier County BOCC and David Lawrence Center David Lawrence Center Collier BOCC, Collier Legislative delegation, David Lawrence Center. Completion of all pre-construction activities and initiation of construction. Submit a Legislative Budget Request to partially fund operations. Secure funding from Collier County to use as match to support Legislative Budget Request. Completion of Construction. Increased inpatient capacity over baseline. Central Receiving Services utilized as single point of access for persons in crisis as a result of a Mental Health and/or Substance Use Disorder Secure state funding and matching county funds to sustain Central Receiving Services operations in perpetuity. 9.A.2.ePacket Pg. 653Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
PAGE 60 Priority: _____Housing and Supports________________ ACTION PLAN Goal: Increase availability and accessibility of a variety of housing options for persons with mental health and substance use disorders. Homelessness among persons with mental health and substance use disorders is rare, brief and one-time. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Ensure that Ch 420 F.S. 10% Housing set aside for special populations is implemented Provide Incentives to Landlords, builders, developers Increase available Affordable Housing units Existing Rental Vouchers Assure a source of income/healthcare for chronically homeless with severe mental illness Funding from local, state and federal grant opportunities Funding from private charitable foundations that support housing initiatives Legislative Advocacy Community Education Identify and amend any prejudicial local zoning language Recruit at least one non-profit developer, determine site Ensure Vouchers are provided to eligible persons who are chronically homeless and severely mentally ill n SOAR applications n# Supported Employment providers and # hours Respond to grant opportunities and submit proposals to private charitable foundations Homeless COC, State SAMH, Housing, State Legislators County Housing and Community Services, Board of County Commissioners County Housing and Community Services, Board of County Commissioners County Housing and Community Services Employment agencies: Goodwill, Voc Rehab Collier County, local homeless service and mental health/substance abuse provider agencies County approves % set aside specific to Chronically homeless w/ Severe Mental Illness pDiscrimination / prejudicial language in local zoning docs Identify new non-profit developer n # SOAR applications n# SMI on SSI/SSDI; Medicaid/Medicare # Community education sessions, op eds, news articles n # Providers and volunteers trained in Supported Employment, Supportive Housing and SOAR. # of grant and foundation proposals submitted and # awarded p# days to enroll in programs p# days to obtain Transitional housing from jail, hospital or homelessness. p# days to obtain permanent housing # employed p# homeless SMI 0 Wait lists for housing and services 0 New homeless in CoC PIT count n Days in Community/ Housed (not hospital, jail, shelter) n Days worked for pay n # on SSI/SSDI 9.A.2.ePacket Pg. 654Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
PAGE 61 Priority: _____Data Collaborative______ ACTION PLAN Goal: Create a data collaborative that will collect and analyze data from all stakeholders that provide services to persons experiencing a mental health and/or substance use disorder and use that information to continuous improve program quality and patient outcomes. Inputs Required (Resources) Outputs Outcomes -- Impact Activities – What we will do Participation Short- 1 year Long 2-5 year Assignment of county staff to provide leadership and direction to development of the data collaborative. Identify and secure participation of essential governmental, non-profit and for profit organizations to participate in and share data with the collaborative Identify and recruit data collaborative members Define data elements to be collected and shared by collaborative members Define standard reports, reporting frequency, and mechanism of report distribution. Data collaborative members utilize shared data to identify and report on emerging issues related to program quality and patient outcomes. Data collaborative members utilize shared data to provide data for grant opportunities and new programming Active participation by 75% or more of recruited members. 100% of data elements and collected and shared by collaborative members. 100% of Standard reports are prepared and distributed on time. Analysis of data to identify trends and emerging issues is reviewed and reported by data collaborative members at least annually. Data collected and reported by data collaborative is used 4 or more times annually in materials prepared in response to funding opportunities or to justify new or revised programming. Data Collaborative is organized, meeting, collecting data and issues a baseline report on data collected. Data Collaborative releases data according to a schedule agreed upon by all members. Data Collaborative identifies at least one emerging issue annually. Data Collaborative provides data that assists in obtaining new funding or reinvestment of existing funding to address emerging community needs in mental health and substance use disorder treatment. 9.A.2.ePacket Pg. 655Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
PAGE 62 Priority: _____Justice System Response________________ ACTION PLAN Goal: Expedite deflection and diversion of persons with mental health and/or substance use disorders prior to arrest and from jail to treatment, thereby reducing recidivism, improving community safety and directing resources to optimize outcomes. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Pre-Arrest Diversion Educate Law Enforcement Expand Mental Health Unit Increase capacity of treatment providers Jail Diversion Implement Medication Assisted Treatment at Collier County Jail. Expand Project Recovery Increased number of community based and in jail mental health and substance use counselors Develop alternative in-jail treatment program for inmates already receiving Medication Assisted Treatment prior to incarceration. Expand court ordered assisted outpatient treatment to circuit court. Utilize Mental Health Unit to train road deputies in deflection processes. Seek CJMHSA Reinvestment Grant funding to implement Medication Assisted Treatment in the County Jail. Seek County, State and Federal funding to support additional judicial and treatment team positions for court based diversionary programs including drug court, veteran’s court and assisted outpatient treatment. Mental Health Unit, Collier Sheriff’s Deputies, David Lawrence Center staff Criminal Justice Planning Council Collier Legislative delegation, Collier County government, U.S. Department of Justice, U.S. Department of Health and Human Services, private foundations. # of law enforcement trainings provided. Decrease in arrests for drug possession. Increase in number of referrals to treatment directly from law enforcement. Increase in the number of treatment referrals either in custody or through transfer to community based programs. Decrease in jail days for inmates whose crimes are directly related to their mental health and substance use disorders. Decrease in recidivism among inmates who participate in jail diversion programs. Continued decrease in possession arrests and continued increase in number of referrals to treatment year over year. Quicker response team in diverting from jail or enrolling in jail based programs. Year over year decreases in recidivism among inmates who participate in jail diversion programs. Year over year Increases in the number of treatment referrals either in custody or through transfer to community based programs. 9.A.2.ePacket Pg. 656Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
PAGE 63 Priority: ____Non-Emergency Baker Act/Marchman Act Transportation___ ACTION PLAN Goal: Whenever possible, the transportation of an individual under the Baker Act or the Marchman Act from a medical facility to receiving facility will be completed by a non-emergency transportation provider. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year tablish Transportation Workgroup consisting of involved partners – CCSO, Collier County Government, David Lawrence Center, NCH, and other interested parties Funding to support transportation plan and costs of transport vehicles and drivers. Develop answers to who, what, when and where questions that will drive the structure of the transportation agreement. Prepare a cost analysis that includes current costs for all partners, the annual number of transports provided, the annual number of patients transported and a projection of future need. Develop a share cost agreement among partners to be either included in the Transportation Plan or included by reference in the plan. Transportation Workgroup Transportation Workgroup Transportation Plan written and signed off by all partners. Identification of Transportation Provider or Providers Cost sharing agreement developed and signed off by all partners. Law enforcement agencies no longer providing non-emergency transport except in cases of unstable individuals at high risk to harm self or others. Increased patient satisfaction regarding quality of care in transportation. Law enforcement agencies re-allocate time previously spent in transportation to other public safety activities. Transportation Contract (s) in force and functioning. Transportation Workgroup continues to meet to review data and address any inter-agency issues that may develop. 9.A.2.ePacket Pg. 657Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
PAGE 64 Priority: _____Prevention________________ ACTION PLAN Goal: Provide evidence based education and training on mental health and substance use disorders to the community at large. Inputs Required (Resources) Outputs Outcomes -- Impact Activities Participation Short- 1 year Long 2-5 year Identify collaborative agencies and personnel that provide evidence based prevention programs. Including, but not limited to, Drug Free Collier, NAMI, Mental Health providers, Blue Zones, Chambers of Commerce, local religious groups, and any other local organization with an interest in drug abuse prevention and education regarding substance use and mental illness Develop Collaborative Partners in Prevention Identify evidence based programs available. Develop speaker’s bureau to present evidence based prevention programs Develop or adopt an App that can be marketed in the community to support local substance abuse prevention and awareness of mental health disorders Create public service announcements for print, electronic and social media Develop resource center that can provide materials and programs to the community. Drug Free Collier NAMI Mental health providers Chambers of Commerce Religious groups SW Florida Blue Zones Project Collaborative group of providers organized and meeting regularly Collaborative Partners in Prevention provides training for agencies and community responders Identify funding Linkage with print and electronic media Funding and staffing to support education and prevention Relationship to 211. App implementation resulting increased access to recovery services Annual Awareness/ Prevention/Education campaigns 9.A.2.ePacket Pg. 658Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Memorandum
Date: August 5, 2022
To: Timothy Finn and Parker Klopf, Collier County Growth Management
From: Jessica Harrelson, AICP
Re: Collier County Behavioral Health Center PUDZ-PL20220002221 and SSGMPA-PL20220002807
A Neighborhood Information Meeting (NIM) was conducted on Tuesday, July 26, 2022. The meeting was held
at 5:30pm at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116.
Approximately 30 individuals attended the meeting; refer to the sign-in sheet.
Individuals associated with the project team/presentation that were in attendance included the following:
- Jessica Harrelson, Peninsula Engineering
- Josh Fruth, Peninsula Engineering
- Javier Salazar, RG Architects
- Ryan Richards, RG Architects
- Scott Burgess, CEO, David Lawrence Center
- Nancy Dauphinais, David Lawrence Center
- Andy Stevens, David Lawrence Center
- Claudia Roncoroni, Collier County Facilities
- Ayoub Al-Bahou, Collier County Facilities
Jessica Harrelson and Javier Salazar conducted the meeting, providing a PowerPoint presentation outlining
details of the requests for a Planned Unit Development Rezone and Small-Scale Growth Management Plan
Amendment.
Following the presentation, the meeting was opened to the attendees for comments and questions. The
following is a summary of the questions asked, and comments made, by the attendees and responses given by
the project team.
x Question/Comments #1 (John Welsh, 2724 Santa Barbara Blvd): Who will be maintaining the landscape
buffers? How well the buffers be maintained? Is the landscaping meant to hide the 10’ wall? The County
will be lax with maintaining the exterior of the facility.
Response (Jessica Harrelson): Within the 15’ buffers there is 3-5’ of space to maintain the buffers.
Maintenance items will be on the subject property and not the adjacent property. If the
property/buffers are not being maintained, code enforcement can be contacted.
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2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comments #2 (John Welsh, 2724 Santa Barbara Blvd): There is going to be no impact to
Golden Gate Parkway for the construction of the project?
Response (Jessica Harrelson): There will be no significant negative impact to the roadway network
and that was evaluated by a traffic engineer.
x Question/Comments #3 (John Welsh, 2724 Santa Barbara Blvd): What is the foliage between the
property and the church property to the west? There are issues between the existing David Lawrence
Center and the church (paraphernalia found on the church property from self-admitted individuals to
David Lawrence Center), talk/concerns of drug and alcohol users at the proposed facility. What type of
protection does the church property have from the users of the proposed facility? Why is this not being
constructed at the Golden Gate Golf Course.
Response (Jessica Harrelson): A 10’ type ‘A’ buffer is required between non-residential uses. It will
consist of trees planted 30’ on center. The proposed site was selected by the BCC due to the proximity
of the existing DLC center and I-75.
x Question/Comments #4: (Jay Popiel, 1428 Monarch Circle): No indication of left turn from median into
the proposed facility, everyone coming from the west will need to make a U-turn at Santa Barbara and
Golden Gate.
Response (Josh Fruth): Per the current design, the project does not warrant turn lanes, the trips are
nominal. There will be a decel/ turn lane to the driveway entrance (westbound) but it hasn’t yet been
designed.
x Question/Comments #5: (Penelope Hayes, 5900 Painted Leaf Lane): Stated sign-in sheet for County
Records indicates those who sign are ‘ok’ with the project and for legal purposes attendees should state
name and opposition. Individual stated opposition to the project. Individual discussed concerns of a
‘2018’ newspaper article (2008 stated on record by individual and later corrected), concerns of the
project being located on a property zoned residential. Individual discussed current proximity of home
to project location/ details of current home/estate property, speaking to Naples Daily News/reputation
of DLC, stated that Commissioner Saunders is not on board with this project on the site, and a public
survey that was previously conducted about the site.
x Question/Comment #6: (John Anderson, 5910 Painted Leaf Lane): What benefits will ‘we’ receive as
residential neighborhoods from this?
Attendees within the audience responded with ‘more helicopters and police in backyards’.
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Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comment #7: (Kate Balzer, 5895 Golden Gate Parkway): Individual stated opposition to
project. Expressed concerns with privacy, views from site/building into property/pool area (individual
lives directly east of the project site). Concerns with property value, height, construction, noise.
Response (Javier Salazar): Patient units, ground level and 2nd floor, will not have visibility. The
windows will be treated.
x Question/Comment #8 (Kate Balzer, 5895 Golden Gate Parkway): Will there be doors for people to get
out on the east side of the building?
Response (Javier Salazar): All open areas for the clients are contained within the perimeter of the
building/ built-in courtyards.
x Question/Comment #9 (Kate Balzer, 5895 Golden Gate Parkway): Is there any type of security?
Individual stated that are many people seen leaving the existing DLC facility all of the time, walking out
in the front. What is preventing people from coming to their side?
x Question/Comments #10 (John Welsh, 2724 Santa Barbara Blvd): Individual stated there is so much
physical walking from future patients and/or patients getting released from DLC and feels that DLC does
not do a good job helping the church property with paraphernalia.
x Question/Comment #11 (Kate Balzer, 5895 Golden Gate Parkway): Is it true a helicopter can land on the
property?
Response (Jessica Harrelson): There are no helipads proposed on this site.
Response (Josh Fruth): It’s not within the development standards, cannot be a future use, a rezone
would be needed if proposed.
x Question/Comment #12 (Debbie Landberg, 2775 64th ST SW): Individual stated opposition to project.
Individual stated over the 10 years she’s lived at her property, there have been patients released from
DLC knocking door-to-door on her street and on Painted Leaf Lane. What assurances are there for
safety?
Response (Jessica Harrelson): The building will be constructed using best practices for a behavioral
health facility. A 10’ wall and enhanced landscaping is also being provided. Access to the building is
being strategically designed so that people aren’t funneling out into the preserve area and such, and
people are leaving and coming from Golden Gate Parkway.
x Question/Comments #13: (Penelope Hayes, 5900 Painted Leaf Lane): Individual stated that there are
drug needles found on the church property, people are leaving from the existing DLC facility and issues
are currently happening (with people leaving the existing facility), expressed concerns with security and
9.A.2.e
Packet Pg. 661 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
life safety. Individual stated the previous 2018 news article (written by Scott Burgess asking for project
support) was asking the public to vote “yes” to the facility, meant for convicted criminals (not mental
health or drug patients) and the Baker Act. What happens after 72-hours? Discussed details of the
article.
Response (Jessica Harrelson): The program for the facility is in-patient care for those with mental
health and substance abuse issues, not just for convicted felons.
Response (Scott Burgess): Scott Burgess explained the Baker Act (civil process) and not everyone that
arrive by the CCSO are criminally charged. Scott stated there is a small percentage of DLC patients
that are involved in any criminal activity. Some are transported by the CCSO by a civil Baker Act based
on illness, patients are discharged after Doctors/Team/Nurses evaluate to determine the individual is
no longer a threat to self or others. Discussed process(es) for treatment and care, and details of the
article.
x Question/Comment #14 (Christine Fawcett, 2960 Painted Leaf Lane): Individual stated opposition to
project. Individual stated police have come to her door, asking her to lock her door.
x Question/Comment #15 (Gerald Valentin, 6120 Painted Leaf Lane): Individual stated home location
(north of existing David Lawrence Center), noise/lights from garbage trucks/police cars, people
screaming. Does not want additional noise.
Additional comments by unknown attendee(s) regarding noise, screaming and views from existing DLC
facility.
x Question/Comment #16 (Senior Pastor- Parkway Life Church): The Pastor spoke about relationship with
DLC, pre-existing operations, the incredible need for mental health, spoke about articles found on the
property (paraphernalia) and stated that not all items are directly related to DLC patients and has seen
growing activity on parking lot not related to DLC (proximity to I-75/growth in the community). Pastor
stated DLC has a open relationship/conversations with the Church, stated an increase in activity on the
church property has occurred over 2-3 years- shares same concerns with the community. Individual
stated that each time something has been brought to the attention of DLC, matters have been handled
professionally.
x Question/Comment #17 (John Welsh, 2724 Santa Barbara Blvd): Individual discussed property north of
existing DLC, activities at existing DLC site. Concerns with no buffer on existing DLC site.
x Question/Comment #18 (Kate Balzer, 5895 Golden Gate Parkway): Stated survey crew entered the back
area of her property without consent or acknowledgement.
Response (Jessica Harrelson): We would speak to the survey company- not typical with anyone we
work with for that type of scenario to occur.
9.A.2.e
Packet Pg. 662 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comment #19 (5980 Painted Leaf Lane): There will be drive between the David Lawrence
Center and the back side of the church property? Property owner discussed his current ability to see
ambulances and fire trucks from his property and concerns with increased traffic flow.
Response (Jessica Harrelson): There are two (2) potential interconnections shown for future planning
purposes but not planned for construction at this time.
x Question/Comment #20 (Elizabeth Bloch, 5920 Golden Gate Parkway): Property owner stated there
have been three incidents that have occurred where patients from the David Lawrence Center have
come onto her property and feels increasing the population within the residential neighborhood will put
residents at risk. Property owner expressed concerns with patients not being transported upon
discharge and feels that David Lawrence Center can do better (providing transportation to and from the
facility). What are plans for the proposed facility’s use and how does it change the use of the existing
facility? New population? New use? Is this an expansion project?
Response (Scott Burgess): It will serve the same population (has since 1968) served those with mental
illness/conditions and substance abuse conditions. The same services will be provided with a higher
bed number and current property will potentially have some re-use (possibly children’s services) but
those details have not been finalized. It is an expansion project to add necessary beds for psychiatric
conditions and substance abuse conditions.
x Question/Comment #21 (unknown attendee): The number of those baker acted that are incarcerated
is nominal? Does not support the project within a residential neighborhood. Property owner had
situation with the sheriff’s office on her property.
x Question/Comments #22 (John Welsh, 2724 Santa Barbara Blvd): Is this facility replacing the ‘old’ David
Lawrence Center?
Response (Jessica Harrelson): The existing David Lawrence Center is to remain.
• Question/Comments #23 (John Welsh, 2724 Santa Barbara Blvd): The adults will be going to the new
facility and you may expand the old facility for youth and children?
Response (Scott Burgess): Yes, that is being considered.
x Question/Comments #24 (John Welsh, 2724 Santa Barbara Blvd): Where were the other sites proposed
(considered for this facility)? Property owner also discussed the inability to get information from Naples
Daily News without being a subscriber. Property owner questioned why this facility isn’t being proposed
at the Golden Gate Golf Course.
9.A.2.e
Packet Pg. 663 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
x Question/Comments #25 (6180 Painted Leaf Lane): Property owner concerned this is no direct access
to the facility and the use of U-turns to access the site on Golden Gate Parkway. Would like to see direct
access or access through the church property.
x Question/Comments #26: (Penelope Hayes, 5900 Painted Leaf Lane): Property owner asked about the
interconnects, the potential purchase of the church property, the other sites being considered for the
facility. Property owner stated Commissioner Saunders is not in support of the facility at the subject
location and mentioned the potential of a public survey being conducted. Property owner stated
opposition to project.
Response (Jessica Harrelson): The interconnects are shown for future planning purposes, the sale of
the church property is not being considered at this time. The property is zoned Estates, but it is located
within the Golden Gate Parkway Institutional Subdistrict along with the existing David Lawrence
Center and the Parkway Life Church which were permitted through the conditional use process. The
Subdistrict allows the list of uses through the conditional use process currently.
Jessica Harrelson discussed the next steps.
x Question/Comments #27 (Unknown attendee): Where are the other sites that were being considered?
Response (Jessica Harrelson): The subject site and a couple of scenarios at the existing Collier County
Government Center. The site selection did go to the Board of County Commissioners and they ultimate
chose this subject site to be the most appropriate location.
x Question/Comments #28 (John Welsh, 2724 Santa Barbara Blvd): Property owner discussed the St.
Matthews House, opposition of the St Matthews House, and being a good neighbor. David Lawrence
Center is going to be the management group?
Response (Jessica Harrelson): The County will be owning the facility/property and perhaps there will
be a difference in how the facility is being operated, any concerns can be brought to the County’s
attention.
David Lawrence Center will lease and operate the facility, and Collier County will own and maintain
the property.
• Question/Comment #29 (Kate Balzer, 5895 Golden Gate Parkway): Once patients leave the facility they
are out of your (DLC’s) hands. Will this be the continued process with this? What is the timeline?
Response (Scott Burgess): Yes, as long as they are no longer a threat to themselves or others, they are
discharged, and they have the same legal rights as everyone.
Response (Jessica Harrelson): With this being a community priority project, as soon as possible. 12-
24 months.
9.A.2.e
Packet Pg. 664 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
Response (Josh Fruth): Construction can begin as early as next year.
x Question/Comment #30 (John Welsh, 2724 Santa Barbara Blvd): If they building the facility here, will
they build the wall/buffers, for less impacts to neighbors, as a priority?
Response (Josh Fruth): Clearing and grubbing occurs first, then fill but it’s something that can be
discussed with the client- after clearing the property, the sequence of events. We cannot make a
commitment right now.
End Memo.
9.A.2.e
Packet Pg. 665 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Packet Pg. 666 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Packet Pg. 667 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Packet Pg. 668 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
9.A.2.e
Packet Pg. 669 Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
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Application-Backup Materials (23799 : PL20220002221 Collier County
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47COLMAN, WILLIAM ANTHONY MARIE TERESA COLMAN BLACK 22 LANDSCAPE PARK CHURCHTOWN DUBLIN 14 IRELAND 63920000127 FCOOPER, GRAEME JOHN & ANN 16 BROOM HALL OXSHOTTSURREY KT22OJZ UNITED KINGDOM 63825003863 FCROGNALE, FRANK & GRACE 13 BUCKSTOWN TRAILCALEDON L7E 4M7 CANADA 68390004606 FCURRIE, WAYNE & VALERIE 86 GLENN AVE R.R. #1WOODSTOCK N4S 7V6 CANADA 68390005760 FDE MONTE, DANIEL D & ERIKA 179 HUMBERVALE BLVDTORONTO M8Y 3R2 CANADA 46070760004 FDIBIASE, GIOVANNI & ANTONIETTA 4 ELLSWORTH AVENUERICHMOND HILL L4C 9N9 CANADA 68390005087 FELHILALI, GLENNA AMANDA ELHILALIMONA ELHILALI SHARIF ELHILALI 8111 FOREST GLEN DR #134 NIAGRA FALLS L2H 2Y7 CANADA 27205000024 FFEENSTRA, HAROLD & HENDRIKJE 627 STAFFORD LNSEELEYS BAY K0H 2N0 CANADA 63825005065 FFLOHR, CLAUS & KERSTIN PLATANENWEG 17NORDERSTEDT 22846 GERMANY 68390006743 FFORTIER, PATRICIA 99 LYTTLETON GARDENSOTTAWA K1L 5A4 CANADA 27205000684 FFUCHS, WILHELM DORIS PACHELBEL FUCHS GOETHE STRASSE 34ECKENTAL 90542 GERMANY 63920001427 FGAGNE, MICHEL 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CIRCLENAPLES, FL 34104BERKSHIRE LANDINGS A CONDOMINIUM C/O ANCHOR ASSOCIATES, INC. 2340 STANDFORD COURTNAPLES, FL 34112CANTERBURY VILLAGE A CONDOMINIUM C/O ASSOCIA GULF COAST9887 4TH STREET NORTH, SUITE 104ST. PETERSBURG, FL 33702COLONIES AT BERKSHIRE LAKESC/O ANCHOR ASSOCIATES, INC. 2340 STANDFORD COURTNAPLES, FL 34112PARK EAST PLACE A COMMERCIAL CONDO 5239 GOLDEN GATE PKWYNAPLES, FL 34116PRESERVE AT THE SHORES AT BERKSHIRE C/O ABILITY MANAGEMENT6736 LONE OAK BLVDNAPLES, FL 34109SANTA BARBARA CLUB A CONDOMINIMUM 446 31ST AVE SWNAPLES, FL 34117WINDSOR PLACE AT BERKSHIRE LAKES C/O ABILITY MANAGEMENT6736 LONE OAK BLVDNAPLES, FL 34109POList_52809.A.2.ePacket Pg. 716Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
Dear Property Owner, July 1, 2022
The public is invited to attend a Neighborhood Information Meeting to discuss the proposed Collier County Behavioral Health Cent er
project on:
Tuesday, July 26th, 2022, beginning at 5:30p.m., at the Golden Gate Community Center, located at 4701 Golden Gate Parkway,
Naples, FL 34116 (Auditorium)
Formal applications have been submitted to Collier County seeking approval for the following:
- Planned Unit Development Rezone (PL20220002221): Requesting to rezone the properties from the Estates (E) Zoning District to
the Collier County Behavioral Health Center Community Facilities Planned Unit Development (CFPUD), to permit a Central Receiving
Facility (Group Care Facility).
- Small-Scale Growth Management Plan Amendment (PL20220002807): Requesting to amend the text of the Golden Gate
Parkway Institutional Subdistrict to allow permitted land uses through the Planned Unit Development Rezone process(currently
permitted through the Conditional Use process).
The meeting will also be available virtually (via Zoom). If you would like to obtain additional information or would like to attend the
meeting remotely, please contact the individual below.
Jessica Harrelson, AICP
Peninsula Engineering
2600 Golden Gate Parkway
Naples, FL 34105
Phone: 239.403.6751
Email: jharrelson@pen-eng.com
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COLLIER COUNTYBEHAVIORAL HEALTH CENTER07/2620229.A.2.ePacket Pg. 718
Civil Consultant Josh Fruth, VP Jessica Harrelson, AICP, PlannerPrime ConsultantRyan S. Richards, AIA, LEEDAPJavier Salazar, AIA Associate Healthcare ConsultantMaurizio Maso, AIAHernan Rivera, AIAAlex Jordan, AIAProject Team9.A.2.ePacket Pg. 719
ApplicationsSMALL-SCALE GROWTH MANAGEMENT PLAN AMENDMENT (SSGMPA):•Amend the Subdistrict Text Language to allow uses through the Rezone processANDPLANNED UNIT DEVELOPMENT REZONE (PUDZ):•Rezone the property from Estates to a Community Facilities Planned Unit Developmentto permit a Central Receiving Facility (Group Care Facility)•Maximum 64,000 SF and•102 Patient Beds9.A.2.ePacket Pg. 720
SUBJECT PROPERTYProject SiteProperty Size:5.15-acres9.A.2.ePacket Pg. 721
Project BackgroundCollier County Behavioral Health CenterSITE SELECTION•Proximity to I-75•Proximity to theExisting DLC Facility9.A.2.ePacket Pg. 722
Existing DLC SiteParkway Life ChurchFuture CC Behavioral Health CenterZoning / Future Land Use9.A.2.ePacket Pg. 723
Site Approach-AccessAccessPOTENTIAL FUTUREINTERCONNECTSNORTH•Direct Access fromGolden Gate Parkway•Two (2) PotentialFutureInterconnects withAdjacent PropertyGolden Gate Parkway9.A.2.ePacket Pg. 724
Site Approach-PreserveRequired Preserve0.43-acresNORTHGolden Gate Parkway9.A.2.ePacket Pg. 725Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
DevelopmentAreaSite Approach-Developmentt Standards75’108’30’30’NORTH•64,000 SFMaximumAND•102 Patient Beds9.A.2.ePacket Pg. 726
Vieww fromm thee North-WestWestern Buffer-10’ Type ‘A’ Landscape BufferNorthern Buffer-15’ Enhanced Type ‘B’With a 10’ Wall9.A.2.ePacket Pg. 727Attachment: Attachment C
Vieww fromm thee Northh EastEastern Buffer-15’ Enhanced Type ‘B’With a 10’ WallNorthern Buffer-15’ Enhanced Type ‘B’With a 10’ Wall9.A.2.ePacket Pg. 728Attachment: Attachment C
AAeriall Vieww fromm thee SouthEastern Buffer-15’ Enhanced Type ‘B’With a 10’ WallSouthern Buffer-15’ Enhanced Type ‘B’9.A.2.ePacket Pg. 729
Deviations from the Land Development CodeDeviation #1seeks relief from LDC Section 5.03.02.D.1 “Maximum Fence and WallHeight,” which permits a maximum fence/wall height of 8’ for commercialdevelopments, to instead allow a maximum wall height up to 10’ for the CFPUD.Deviation #2seeks relief from LDC Section 5.05.04.C “Group Housing,” whichrequires a 500’ separation between group housing facilities, to instead allow a±330’ separation between the proposed Collier County Behavioral Health Centerand the existing David Lawrence Center.Deviation #3seeks relief from LDC Section 3.05.07.H.1h.iii. “Wall Setbacks from Preserves,”which requires decorative walls to provide a minimum 5’ setback from preserve boundaries,to instead allow the perimeter buffer walls along the northern and eastern propertyboundaries to provide a 2’ setback from preserve boundaries.9.A.2.ePacket Pg. 730
Developer CommitmentsGENERALOne entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, theManaging Entity isCollier County. Should the Managing Entity desire to transferthemonitoringandcommitmentstoasuccessorentity,thenitmustprovideacopy ofalegally bindingdocumentthatneedstobeapprovedforlegalsufficiencybytheCounty Attorney.After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entityshall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shallnot berelieved of its responsibility under this Section.Whenthe PUDis closed-out,then the ManagingEntity is no longer responsiblefor the monitoringandfulfillment of PUDcommitments.Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if theapplicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.” (Section 125.022,FS)All other applicablestateor federal permits must be obtainedbeforecommencementof the development.TRANSPORTATIONThe maximum total daily trip generation for the proposed CFPUD shall not exceed 139 two-way PM peak hour net new trips based on the land use codes in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision platapproval.ENVIRONMENTAL- Thepreservationrequirement shall be 10%of the existing nativevegetationon-site.(4.3-acresof existing native vegetation x 10% = 0.43-acrepreserve requirement)-Preserves may be used to satisfy the landscape buffer requirement after exotic vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05 E.1. Supplemental plantings with native vegetation materials shall be in accordance with LDC Section3.05.07. In order to meet the requirements of a Type ‘B’ buffers within the CFPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by the owner(s) at the time of SDP or plat approval. In the event that the preservedoes not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6’ wide reservation to meet buffer requirements. The type, size and number of such planting, if necessary, will bedetermined at time of initial SDP or plat and include on the landscape plans for the SDP or plat.-At time of development review,a BlackBearManagement Planand the EasternIndigo SnakeProtectionPrecautionswill be provided, if necessary.LIGHTINGNewly installed site lighting shall be Dark Skies compliant to protect neighboring residential properties from direct glare.UTILITIESAt the time of application for subdivision Plans and Plat (PPL) and/or Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water and/or wastewater collection/transmission system may be required toadequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvementand/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for suchimprovements and/orupgrades.”LANDSCAPING-An enhanced 15’ Type ‘B’ Buffer shall be provided along the northern and eastern PUD boundaries, as depicted in Exhibit F-1. The enhancement shall consist of a single row of canopy trees, which shall be a minimum of 12’-14’ in height at time of planting; asingle row of understory trees, which shall be a minimum of 8’ in height at time of planting and shall be spaced 25’ on center (alternating the canopy treespacing); and a 10’ solid wall. 100% of the trees and hedge plantings shall be located on the external side ofthe wall,so that the plantingsarevisiblefromabuttingresidential development.-An enhanced 15’ Type ‘B’ Buffer shall be provided along the southern PUD boundary, as depicted in Exhibit F-2. The enhancement shall consist of a single row of canopy trees, which shall be a minimum of 12’-14’ in height at time of planting; and a single row ofunderstory trees,whichshall be a minimum of 8’ in height at time of planting and shall be spaced25’oncenter (alternatingthe canopytree spacing).-Five (5)PondCypressTreesandfive (5)DahoonHollies (orthe like) shall be installed withinthe watermanagementareaadjacentto the enhancedType ‘B’buffer along the southernPUDboundary,asdepicted in Exhibit F-3.9.A.2.ePacket Pg. 731
Traffic Impact Statement- Traffic Impact Statement concludes that theproposed project creates nosignificant impactson the adjacent roadway segments.9.A.2.ePacket Pg. 732
Environmentall Assessment- No Listed Species observed on-site- One ‘less rare’ air plant identified & ifrequired will be relocated.9.A.2.ePacket Pg. 733
Visioning9.A.2.ePacket Pg. 734
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Nextt StepsSSGMPA & PUDZ Applications are in review with County StaffPublic Hearings to be scheduled upon Application SufficiencyMailed Notice from Collier CountySigns will be posted on-siteAd will be published1stHearing- Planning Commission (Recommendation to the Board)2ndHearing-Board of County Commissioners (Final Action)Construction Permits9.A.2.ePacket Pg. 744
ContactCONTACT-PENINSULA ENGINEERING:JESSICA HARRELSON,AICP- JHARRELSON@PEN-ENG.COM 239.403.6751CONTACT-COLLIER COUNTY:TIMOTHY FINN TIMOTHY.FINN@COLLIERCOUNTYFL.GOV239.252.4312PARKER KLOPF PARKER.KLOPF@COLLIERCOUNTYFL.GOV239.252.24719.A.2.ePacket Pg. 745
9.A.2.ePacket Pg. 746Attachment: Attachment C - Application-Backup Materials (23799 : PL20220002221 Collier County
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WILLIAM L. ROGERS
Fla. Bar No.: 0508578
P.O. Box 606
Cornelius, NC 28031
239-293-9643
larryrogers@wlrogerslaw.com
October 27, 2022
Scott Burgess
Chief Executive Officer
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Re: Collier County Behavioral Health Center; Discharge Questions
Dear Scott
In furtherance to our discussion and in response to your request, I am submitting to you
my legal opinion regarding one of the issues raised at the recent Collier County Planning
Commission (hereinafter CCPC) meeting.
Background:
David Lawrence Mental Health Center, Inc., (hereinafter DLMHC) and the Board of
County Commissioners of Collier County (hereinafter the Board) have over the last decade and
longer recognized the need for an expanded ability to provide mental health services for the
community. DLMHC has maintained its operations at 6075 Bathey Lane for approximately 40
years. Among the mental health services that DLMHC provides is as a designated receiving
facility for person who are subject to Baker Act and Marchman Act proceedings.
DLMHC and the Board have identified a parcel in close proximity to the DLMHC
campus and determined it to be the best location for the construction of a new, state of the art
facility designed to meet the current and growing needs of the community. Numerous public
meetings have occurred over the years, the Board has passed resolutions in furtherance to the
effort and the taxpayers have voted to approve a method of funding the project.
9.A.2.f
Packet Pg. 750 Attachment: Attachment D - Letter to Scott Burgess re Collier County Behavioral Center 10-27-2022 (23799 : PL20220002221 Collier County
Patients:
The statutory criteria for a person to be subject to a Baker Act proceeding is set out in
Chapter 394, Fla. Stat. In basic terms, a person who is incapable of or unwilling because of
mental illness to voluntarily obtain treatment and because of the lack of treatment for the mental
illness is at substantial risk of harming themselves or others is subject to being taken into custody
and held involuntarily.1 The Baker Act process involves multiple evaluations, medical opinions
and, if appropriate, court hearings. Patients are only discharged upon determination by medical
professionals, or the court after considering the evidence, that the person does not at the time of
discharge meet the criteria described above.
The criteria for a person to be subject to a Marchman Act proceeding is set out in Chapter
397, Fla. Stat. In basic terms, a person who is impaired by substance abuse and because of the
impairment has lost the power of self-control and because of the substance abuse is incapable of
appreciating the need for substance abuse services is subject to being taken into custody and held
involuntarily. Such a person is likely to suffer neglect of themselves or there is a substantial
likelihood that the person is likely to inflict physical harm to themself or others.2 Patients are
only discharged upon determination by medical professionals, or the court after considering the
evidence, that the person does not at the time of discharge meet the criteria described above.
To summarize, persons who meet the criteria under the Baker Act and the Marchman Act
are subject to the involuntary loss of their liberty but are entitled to discharge and their freedom
when medical professionals or the court have determined that the person no longer meets the
criteria. In other words, the person is no longer a threat to themselves or others because of mental
illness or substance abuse and is entitled to their unfettered freedom.
Issue:
Members of the surrounding community and members of the CCPC have expressed
opposition to the selected location of the Collier County Behavioral Health Center (hereinafter
the Center) because some Baker Act or Marchman Act patients may elect to walk from the
Center upon discharge rather than taking some form of motorized transportation out of the area.
Members of CCPC have suggested that DLMHC condition or reconsider and re-evaluate the
discharge of patients who decline offers of motorized transportation out of the area.
Subsequent to the hearing there was discussion between Edwin Fryer of CCPC and
Jeffrey A. Klatzkow, Collier County Attorney. Mr. Fryer clarified the question to be as follows:
1 Sec. 394.463, Fla. Stat.
2 Sec. 397.675, Fla. Stat.
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Packet Pg. 751 Attachment: Attachment D - Letter to Scott Burgess re Collier County Behavioral Center 10-27-2022 (23799 : PL20220002221 Collier County
What we asked the applicant was this: In the case where MD's on scene
initially determine that a patient is mentally competent to refuse continued
treatment, and the patient also refuses transportation and is known to
have no resources available to him within walking distance, could the
MD's then be asked to reconsider the patient's competency in light of his
irrational decision making. And, if the MD's decision is unchanged, could
the facility then notify those neighbors requesting such notification of the
pending AMA release. Recognizing HIPAA laws are also in play, no
personally identifiable information about the patient in question would be
disclosed. I believe this question was the consensus of the planning
commission.
Opinion:
The Baker Act and Marchman Act authorize the physical taking into custody of and
detention of individuals who suffer from mental illness or substance abuse such that they are a
potential danger to themselves or others. Both acts require evaluations and professional opinions
and due process before a court of competent jurisdiction. Once a person is determined to no
longer meet the criteria, either by medical professionals or the court, the person must be
discharged and is free to go on their way just as any other person.
Florida law imposes significant criminal penalties for violation of the law prohibiting
false imprisonment.3 The crime is a felony punishable by imprisonment for up to five (5) years.
Additionally, false imprisonment is an intentional tort that may qualify for punitive damages in
addition to compensatory damages. The law reads, in pertinent part, as follows:
787.02 False imprisonment; false imprisonment of child under age 13, aggravating
circumstances. —
(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly
confining, abducting, imprisoning, or restraining another person without lawful
authority and against her or his will.
(b) Confinement of a child under the age of 13 is against her or his will within
the meaning of this section if such confinement is without the consent of her or
his parent or legal guardian.
(2) A person who commits the offense of false imprisonment is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(emphasis added)
3 Sec. 787.02, Fla. Stat.
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The operative term, for this discussion, is “by threat.” The statute and the Florida
Standard Jury Instructions for Criminal Cases does not define the term “threat.” Cambridge
Dictionary defines “threat” as “a suggestion that something unpleasant or violent will happen,
especially if a particular action or order is not followed.” Dictionary.com defines a threat as “
a declaration of an intention or determination to inflict punishment, injury, etc., in retaliation for,
or conditionally upon, some action or course:4
Conditioning the discharge of a person who is legally (and medically) entitled to be
discharged from involuntary custody on the person’s acquiescence to an offer of motorized
transport from the area of the Center would be unlawful. Conveying to the person that if they
refuse an offer of motorized transport from the area of the Center they will be re-evaluated and
possibly have their discharge revoked would be a “threat.” Continuing to maintain custody of
such a person because they decline an offer of motorized transport from the area of the Center,
even for the purpose of conducting another examination, would satisfy the elements of the crime
of false imprisonment and subject DLMHC and staff members to criminal and civil liability.
My Fryer’s clarification is helpful and is commendable in the context of concern for the
person’s well-being. And I hope that this opinion does not come across as suggesting any bad
faith or improper motives on the part of those raising the question. However, I don’t believe that
a person’s rejection of a particular mode of transportation would ever be viewed as so
“irrational” that it would justify the re-examination, particularly given the public record.
Regarding the issue of providing some type of “warning” to the community because a
patient has elected to walk from the premises upon discharge, I have concerns on several levels.
Chapter 394, Fla. Stat., provides confidentiality5 for patients who obtain mental health care.
Chapter 397, Fla. Stat., also provides for confidentiality of patient information.6
The federal Health Insurance Portability and Accountability Act (HIPAA) includes
information that would identify a patient as being protected health information.7 There are
4 https://www.dictionary.com/browse/threat
5 See sec. 394.4615, Fla. Stat., regarding confidentiality of the clinical
record and sec. 393.464, regarding confidentiality of court records in Baker
Act cases.
6 See sec. 397.502, Fla. Stat.; for example, see subsection(7)(e)1. ”Since a
minor acting alone has the legal capacity to voluntarily apply for and obtain
substance abuse treatment, any written consent for disclosure may be given
only by the minor. This restriction includes, but is not limited to, any
disclosure of identifying information to the parent, legal guardian, or
custodian of a minor for the purpose of obtaining financial reimbursement.”
7 45 CFR s. 160.103 Individually identifiable health information is
information that is a subset of health information, including demographic
information collected from an individual, and:
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exceptions, set out as “standards” allowing disclosure without patient permission.8 But I fail to
see how a patient simply declining an offer of a particular mode of transportation in favor of
walking could be argued that it suggests the person is a “serious and imminent” threat of harm to
the public.
My concern is that the giving of a “warning” could effectively identify a person walking
away from the Center as having been treated for mental illness or substance abuse. The
“warning” also implies that the person remains a threat notwithstanding the medical or court
determination that the threat of harm to themselves or others no longer exists. The assumption of
such a “duty to warn” may impose” liability on DLMHC if the “warning” is later determined to
not be timely or sufficient or fails to reach someone. Absent some specific threat of “serious and
imminent” harm to an individual or the public, I do not believe the giving of a “warning” is
consistent with patient confidentiality.
(1) Is created or received by a health care provider, health
plan, employer, or health care clearinghouse; and
(2) Relates to the past, present, or future physical or mental health or
condition of an individual; the provision of health care to an individual;
or the past, present, or future payment for the provision of health care to
an individual; and
(i) That identifies the individual; or
(ii) With respect to which there is a reasonable basis to believe the
information can be used to identify the individual.
8 45 CFR s. 164.512 Standard (j) allows disclosure of protected health
information(j) Standard: Uses and disclosures to avert a serious threat to
health or safety -
(1) Permitted disclosures. A covered entity may, consistent with applicable
law and standards of ethical conduct, use or disclose protected health
information, if the covered entity, in good faith, believes the use or
disclosure:
(i)(A) Is necessary to prevent or lessen a serious and imminent threat to
the health or safety of a person or the public; and
(B) Is to a person or persons reasonably able to prevent or lessen the
threat, including the target of the threat; or
(ii) Is necessary for law enforcement authorities to identify or
apprehend an individual:
(A) Because of a statement by an individual admitting participation in
a violent crime that the covered entity reasonably believes may have
caused serious physical harm to the victim; or
(B) Where it appears from all the circumstances that the individual has
escaped from a correctional institution or from lawful custody, as
those terms are defined in § 164.501.
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DLMHC may certainly offer transportation assistance to discharged patients in the same
manner that it offers other forms of assistance. The making of the offer cannot lawfully be made
conditional on the patient’s consent to any condition that isn’t in accordance with the Baker Act
or Marchman Act or a court order for discharge of the patient.
Thank you for the opportunity to address this issue for David Lawrence Centers for
Behavioral Health. Please let me know if you want to discuss further.
Very Truly Yours
/s
William L Rogers
Fla. Bar No 0508578
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From: BellowsRay
Sent: Thursday, November 3, 2022 1:14 PM
To: FinnTimothy
Subject: FW: Collier County Behavioral Health Center/ Central Intake Facility
FYI
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Diane Preston Moore <mickanddiane@comcast.net>
Sent: Wednesday, November 02, 2022 5:57 PM
To: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Subject: Collier County Behavioral Health Center/ Central Intake Facility
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.
Dear Mr. Bellows,
I am the President of the League of Women Voters of Collier County. I am writing to urge you to approve
and move forward with the proposed Collier County Behavioral Health Center. While most people
associate the League of Women Voters with voter empowerment, we do take positions on issues. From
its inception, the League has worked for equal rights and social reform. With respect to behavioral
health care, the League promotes access to affordable, quality in- and out-patient behavioral health
care, including supportive services, for all people. The lack of adequate capacity at the existing David
Lawrence Center facility means that residents who have a mental health crisis may not be able to get
the services they need when they need them here in Collier County. Our county is in dire need of this
new Behavioral Health Center.
This project has long been in process and garnered the support of the Board of County Commissioners.
Less than 2 years ago, the site for the project was unanimously approved by the Commissioners. The
location was chosen because it is in close proximity to the David Lawrence Center’s (DLC) existing facility
and will allow for coordinated and integrated client care. It was also chosen because it is located within
the Golden Gate Parkway Institutional Subdistrict. Fifteen years ago, the Subdistrict was specifically
created to allow DLC to expand and continue its important work for Collier County. Being located within
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the Subdistrict means that, the way that the property will be used as a Behavioral Health Center is not
very different from the way it is being used now. The new facility will provide services similar to those
that DLC is providing now.
With the dramatic increase in demand for mental health and addiction treatment in Collier County in
recent years, the residents of Collier County simply cannot afford to wait any longer to have the
Planning Commission approve this project and send it to the Board of County Commissioners. The
League believes that our residents deserve access to mental health care, and we thank you for
approving this project.
Best regards,
Diane Preston Moore
President, League of Women Voters of Collier County
mickanddiane@comcast.net
239-595-2916
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
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Packet Pg. 757 Attachment: Attachment E - Letter of Support (23799 : PL20220002221 Collier County Behavioral Health Center CFPUD (PUDZ))
11/17/2022
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.3
Doc ID: 23682
Item Summary: PL20210001253 - ShadowWood (PUDA) - Wing South Air Park - An Ordinance of the Board of
County Commissioners of Collier County, Florida amending Ordinance Number 82-49, as amended, the
Shadowwood Planned Unit Development (PUD), by amending the master plan to add a potential roadway
interconnection from Tract E to the proposed Sandy Lane Residential Planned Unit Development to the north
which if approved, will replace the roadway connection to Polly Avenue; by adding roadway, signage and model
home deviations and by revising developer commitments. The subject property consisting of 77.99± acres is part of
the 168.10± acre PUD located at the Wing South Air Park, east of Santa Barbara Boulevard between Davis
Boulevard and Rattlesnake-Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County,
Florida. (Companion item PL20200001208) [Coordinator: Timothy Finn, AICP, Principal Planner]
Meeting Date: 11/17/2022
Prepared by:
Title: – Zoning
Name: Tim Finn
10/25/2022 8:36 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/25/2022 8:36 AM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 10/25/2022 5:22 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed
10/27/2022 11:11 AM
Zoning James Sabo Review Item Skipped 10/28/2022 9:53 AM
Zoning Ray Bellows Review Item Completed 10/28/2022 10:17 AM
Zoning Mike Bosi Division Director Completed 10/31/2022 8:14 AM
Growth Management Department James C French GMD Deputy Dept Head Completed 10/31/2022 6:01 PM
Planning Commission Ray Bellows Meeting Pending 11/17/2022 9:00 AM
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PUDA-PL20210001253; ShadowWood Page 1 of 18
Revised: October 20, 2022
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 17, 2022
SUBJECT: PUDA-PL20210001253 SHADOWWOOD
COMPANION ITEM: PUDZ-PL20200001208 SANDY LANE RPUD
______________________________________________________________________________
PROPERTY OWNER/APPLICANT/AGENTS:
Owner/Applicant: Agents:
Naples Associates VI, LLLP Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq.
1250 Airport Road S Hole Montes, Inc. Coleman, Yovanovich & Koester, P.A.
Naples, FL 34104 950 Encore Way 4001 Tamiami Trail North, Suite 300
Naples, FL 34110 Naples, FL 34103
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to amend Ordinance Number 82-49, as amended, the ShadowWood Planned Unit
Development (PUD).
GEOGRAPHIC LOCATION:
The subject property consists of 77.99+/- acres and is part of the 168.10-acre PUD located at Wing
South Air Park, east of Santa Barbara Boulevard between Davis Boulevard and Rattlesnake-
Hammock Road, in Section 16, Township 50 South, Range 26 East, Collier County, Florida. (see
location map, page 2).
PURPOSE/DESCRIPTION OF PROJECT:
This petitioner seeks to amend ShadowWood PUD, approved via Ordinance #82-49, by amending
the master plan to add a potential roadway interconnection from Tract E to the proposed Sandy
Lane Residential Planned Unit Development to the north which if approved, will replace the
roadway connection to Polly Avenue; by adding roadway, signage and model home deviations and
by revising developer commitments.
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SURROUNDING LAND USE AND ZONING:
Because this petition is amending the ShadowWood PUD Document, this section of the staff report
identifies the land uses and zoning classifications for properties surrounding the boundaries of the
entire ShadowWood PUD area.
North: Developed residential, with a current zoning designation of Naples Heritage Golf and
Country Club PUD (1.43 DU/AC), which is approved for a golf course and single and
multiple family dwelling units. Preserve area, with a current zoning designation of
Agriculture. It should be noted that the property to the northwest is the proposed
Sandy Lane RPUD (5.62 DU/AC), which will be proposed to have single and multi -
family residential.
East: Preserve area, with a current zoning designation of LASIP Conservation Area
(CFPUD), which is approved for restoration, protection and preservation of native
vegetative communities and wildlife habitat, and stormwater management; vacant
area with sparse vegetation, with a current zoning designation of Naples Lakes
Country Club PUD (1.67 DU/AC), which is approved for single, multifamily,
commercial, office, and recreational uses
South: Rattlesnake Hammock Road, a six-lane arterial roadway, and then developed multi-
family, with a current zoning designation of Lely Resort PUD (3.1 DU/AC), which is
approved for single, multi-family, commercial, professional, educational, cultural,
recreational, and conservation uses
West: Developed residential, with current zoning designations of Residential Multi-Family-
6 District (RMF-6), Residential Single Family-3 District (RSF-3), and Agriculture
(A) with an ST overlay
Intentionally blank
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Aerial (Prepared by Hole Montes)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The GMP is the prevailing document to support land-use decisions, such as this proposed
amendment. Staff is required to make a recommendation regarding a finding of consistency or
inconsistency with the overall GMP as part of the recommendation for approval, approval with
conditions, or denial of any amendment petition. This petition is consistent with the GMP.
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Future Land Use Element (FLUE): The subject site is identified as Urban Designation, Urban
Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the
GMP. The ±168.1-acre Planned Unit Development (PUD) was originally approved via Ord. #82-
49 and subsequently amended with Ordinance #08-43. As amended, ShadowWood allows a total
maximum of 574 residential units at a maximum density of 3.4 dwelling units per acre (DU/A) –
(574 DUs ÷ 168.1 Acres = 3.415 DU/A = 3.4 DU/A). According to the FLUE, “within the Urban
designated areas a base density of four residential dwelling units per gross acre may be allowed,
though is not an entitlement.” The applicant owns 78 (Tract E) of the 168.1 acres.
Although Tract ‘E’ was always intended for residential uses (multi-family), it remains
undeveloped to date. In preparation for developing this tract, the petitioner is requesting to modify
the Master Plan to add an interconnection from Tract ‘E’ to the proposed Sandy Lane RPUD to
the north as well as add deviations and additional developer commitments. Based upon the above
analysis, staff concludes the proposed changes to the ShadowWood Planned Unit Development
(PUD) may be deemed consistent with the Future Land Use Element (FLUE).
Transportation Element: In evaluating this project, staff reviewed the applicant’s Traffic Impact
Statement for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP) using the applicable 2021 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 petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently 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 traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic 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 a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s
significant impacts on all roadways.”
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Staff finding: According to the documents provided with this petition there are no additional
residential units proposed with this request. There is a revision to the access points including the
addition of an interconnection to the proposed companion petition Sandy Lane RPUD-
PL20200001208. The TIS provided with the Sandy Lane PUD request indicates there will be +/-
38 PM peak hour, two-way trips using this proposed interconnection which connects to Santa
Barbara to the west. The +/-38 trips are already included as part of the transportation impacts and
development rights for ShadowWood PUD. This request remains consistent with the GMP as no
additional transportation impacts are proposed, and there remains capacity on the adjacent arterial
and collector roadways within the 5-year planning period. Therefore, Transportation Planning
staff has reviewed the petition for compliance with the GMP and the LDC and recommends
approval.
Conservation and Coastal Management Element (CCME): Environmental Planning staff
found this project to be inconsistent with the Conservation & Coastal Management Element
(CCME). The proposed changes do not affect any of the listed species or native vegetation
preservation requirements of the GMP; however, the deviation request to not install littoral
plantings is not consistent with CCME Policy 6.1.7. (3).
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition, including the criteria
upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.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. An
evaluation relative to these subsections is discussed below, under the heading “Zoning Services
Analysis.”
Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems
in the area. Stormwater best management practices, treatment, and storage will be addressed
through the environmental resource permitting process with the South Florida Water Management
District. County staff will also evaluate the project’s stormwater management system, calculations,
and design criteria at the time of site development plan (SDP) and/or platting (PPL).
Environmental Review: Environmental Planning staff has reviewed the PUD petition to address
environmental concerns. The proposed PUD changes will not affect any of the preservation
requirements of the PUD document; Ordinance 82-49 (amendments Ordinance 2008--43 and
Ordinance 20-17). A minimum of 3.8 acres of native vegetation will be placed under preservation
and dedicated to Collier County.
Landscape Review: The buffer types labeled on the Master Plan are consistent with the Land
Development Code. The applicant has requested a deviation to allow for no buffer along the
portion of the North boundary abutting Sandy Lane PUD if a specific type of unified development
is proposed. See deviation 3.
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Transportation 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 south
wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and
wastewater services are available via existing infrastructure within the areas surrounding the
project. Sufficient water and wastewater treatment capacities are available. Developer
commitments are listed in “SECTION V” of the PUD document under the “5.7 UTILITIES”
section. Any improvements to the CCWSD’s water or wastewater systems necessary to provide
sufficient capacity to serve the project will be the responsibility of the owner/developer and will
be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance.
Zoning Services Review: In 1982, the property was rezoned from Agriculture District (A-2),
Residential Single Family-4 District (RSF-4), and General Commercial District (C-4) to Planned
Unit Development (PUD) via Ordinance 82-49 allowing for 569 residential units at a maximum
density of 3.6 residential units per gross acre and creating the following five tracts:
• Tracts A & E - 113.3 acres of multifamily residential.
• Tract B - 3.7 acres of single family.
• Tract C - a private air park district encompassing 37.8 acres that allows an airport runway,
airport hangars, airport administration building, and other airport accessory uses.
• Tract D - 10.3 acres for commercial uses.
In 2008, there was a PUD Amendment memorialized via Ordinance 08-43 increasing the acreage
for Tract B to 5.68, increasing the acreage for the private air park district to 46.1 acres, and deleting
Tract D. The total number of maximum residential units increased to 574 units at a maximum
density of 3.4 units per gross acre. In June 2020, there was a PUD Amendment memorialized via
Ordinance 20-17 that redesignated 4+/- acres of land from Tract C, private air park district, to
Tract E, residential development; by adding the development standards for Tract E; by amending
the master plan to add 2 access points to provide ingress and egress to Tract E including access to
Polly Avenue and Whitaker Road; by removing a requirement that all access roads to the PUD are
private roads; and by revising developer commitments. In November 2021, the petitioner applied
to amend the master plan to add a potential roadway interconnection from Tract E to the proposed
Sandy Lane Residential Planned Unit Development to the north which will replace the roadway
connection to Polly Avenue, if constructed; by adding roadway, signage and model home
deviations and by revising developer commitments.
Tract E (as depicted on the Master Plan) is ±77.98 acres and located east of Polly Avenue, in the
northern portion of the PUD. This PUDA proposes to add a potential interconnection with the
Sandy Lane RPUD to the north of Tract E, to clarify and add development commitments, and to
add five deviations specific to Tract E. This amendment request will not place an additional burden
on the surrounding area, traffic and access, drainage, sewer, water and other utilities. This
amendment request seeks to modify the Master Plan by adding a potential interconnection with
the Sandy Lane RPUD to the north of Tract E.
The additional interconnection will not have a negative impact on the surrounding area. The new
interconnection will better serve the residents within both the ShadowWood PUD and the proposed
Sandy Lane RPUD, as well as the surrounding community. The proposed interconnection will be
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a resident-only connection and will allow residents of ShadowWood Tract E to access Santa
Barbara Blvd through the Sandy Lane RPUD Should the interconnection to the Sandy Lane RPUD
be built, the approved connection to Polly Avenue will either be removed or not constructed,
reducing traffic into the surrounding community. Policies 7.1-7.3 are further supported with the
proposed amendment by providing an interconnection that will allow residents within the
ShadowWood PUD to access Santa Barbara Blvd through the Sandy Lane RPUD. The additional
potential access to the development to the north will allow for a greater dispersal of traffic and
provide motorists within the development more options.
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”:
1. 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.
The PUD already receives potable water and wastewater services from the CCWSD. A
water distribution main is readily available at Skyway Drive, a wastewater transmission
main is readily available along Sunset Boulevard, and there are adequate water and
wastewater treatment capacities to serve the proposed PUD as amended. A private
wastewater collection system would also be accessible at Skyway Drive provided an
easement were granted by Wing South, Inc., the adjacent property owner.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “SECTION V” of the PUD document under the “5.7
UTILITIES” section. Any improvements to the CCWSD’s water or wastewater systems
necessary to provide sufficient capacity to serve the project will be the responsibility of the
owner/developer and will be conveyed to the CCWSD at no cost to the County at the time
of utilities acceptance.
2. Adequacy of evidence of unified control and suitability 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 Attorney’s
Office, demonstrate unified control of Tract E of the PUD.
3. 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
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relevant goals, objectives, and policies of the GMP within the GMP Consistency portion
of this staff report on page 5.
4. 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, the buffers labeled on the
Master Plan are consistent with the LDC. And since deviation 3 only applies in the event
that a unified development of single-family dwellings that spans from Tract E to the
proposed Sandy Lane PUD to the North is proposed, staff is of the opinion that the
applicant has demonstrated internal and external compatibility.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
No deviation from the required usable open space is being requested, and compliance
would be demonstrated at the time of SDP or PPL.
6. 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 Plat), 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.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “SECTION V” of the PUD document under the “5.7
UTILITIES” section. Any improvements to the CCWSD’s water or wastewater systems
necessary to provide sufficient capacity to serve the project will be the responsibility of the
owner/developer and will be conveyed to the CCWSD at no cost to the County at the time
of utilities acceptance.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “SECTION V” of the PUD document under the “5.7
UTILITIES” section. Any improvements to the CCWSD’s water or wastewater systems
necessary to provide sufficient capacity to serve the project will be the responsibility of the
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owner/developer and will be conveyed to the CCWSD at no cost to the County at the time
of utilities acceptance.
8. 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.
All future development proposed on the ShadowWood PUD would have to comply to the
LDC and other applicable codes. The petitioner is requesting seven additional deviations
to the LDC.
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 consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the GMP.
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 pattern (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.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The property is currently zoned PUD and would remain as such.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
This petition does not propose any change to the boundaries of the PUD.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed change is not necessary; however, it is being requested in compliance with
the LDC provisions to seek such changes because the petitioner wishes to include the
access points, proposed uses and development standards that are specific to the subject
parcel.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
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The proposed PUD Amendment is not anticipated to adversely influence living conditions
in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The 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 PUD Amendment request is not anticipated to create adverse drainage
impacts in the area; provided stormwater best management practices, treatment, and
storage on this project are addressed through Environmental Resource Permitting (ERP)
with the South Florida Water Management District (SFWMD). County staff will evaluate
the project’s stormwater management system, calculations, and design criteria at the time
of SDP and/or PPL.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated the changes proposed to this PUD Amendment would seriously 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
of adjacent property in accordance with existing regulations.
The amending of the master plan to add a potential roadway interconnection from Tract E
to the proposed Sandy Lane Residential Planned Unit Development to the north which will
replace the roadway connection to Polly Avenue, if constructed; by adding roadway,
signage and model home deviations and by revising developer commitments is not
anticipated to serve as a deterrent to the improvement of the adjacent property.
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12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
If 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.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The subject property can be used in accordance with existing zoning; however, the
proposed uses cannot be achieved without amending the PUD.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County.
It is staff’s opinion that the proposed uses, associated development standards, and
developer commitments will ensure that the project is not out of scale with the needs of the
community.
15. 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.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
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.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The development will have to meet all applicable criteria set forth in the LDC regarding
Adequate Public Facilities. The project must also be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities. This petition has been
reviewed by county staff that is responsible for jurisdictional elements of the GMP as part
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of the rezoning process, and staff has concluded that the developer has provided
appropriate commitments so that the impacts to the Level of Service (LOS) will be
minimized.
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.
It is to be determined at the public hearings
DEVIATION DISCUSSION:
The PUD was approved via Ordinance 82-49 without any deviations whereas Ordinance 20-17
approved Deviation #1 of the PUD document. The petitioner is now seeking seven additional
deviations that are specific to Tract E. The new proposed deviations has been directly extracted
from the proposed PUD ordinance. The petitioner’s justification and staff
analysis/recommendation for this deviation are listed below.
Deviation #1: (Buffer Requirements) – Was previously approved by Ordinance 2020-17. Slight
modification that strikes the “applicability of buffer requirements,” language. Staff has no issue
with this strikethrough.
Deviation #2: (Right-of-Way)
“Deviation # 2 seeks relief from LDC Section 6.06.01.N, which requires a minimum 60-foot right-of-
way width for local roads, to allow that private roadways shall have a minimum 50 -foot right-of-way
width per Exhibit C-1, Tract E, Cross Section.”
Petitioners Justification: This deviation has been granted for many projects where the roads will
remain private. There is adequate width in a 50-foot right-of-way for a private, local road to allow
for all necessary utilities, sidewalks, and travel lanes. A cross-section has been provided in support
of this deviation.
Staff 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.”
Deviation #3: (Buffer Requirements)
“Deviation # 3 seeks relief from LDC Section 4.06.02 Buffer Requirements, Table 2.4, which requires
each property to provide a buffer, to allow for no landscape buffer between Shadowwood PUD Tract
E and the development to the north, provided the properties have a roadway connection as shown on
the Master Plan and are developed by the same developer as a unified development, entirely with
single-family dwellings, submitted under one PPL.
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Petitioners Justification: If Shadowwood PUD Tract E and the development to the north (proposed
Sandy Lane RPUD) are developed as one continuous development, there is no potential incompatibility
between the sites as they will be part of one, unified development with consistent architecture and
landscaping.
Staff 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.”
Deviation #4: (Model Homes)
“Deviation # 4 requests relief from LDC Sec. 5.04.04.B.5.c., which provides that a maximum of five
model homes, or a number corresponding to ten percent of the total number of platted lots, whichever
is less, per platted, approved development, shall be permitted prior to final plat approval, to allow f or
up to 16 model homes and a sales center to be permitted in Tract E of the RPUD. Each time the
developer applies for a model building permit, it shall be required to inform the County how many
model homes have been permitted.”
Petitioners Justification: The experience of the developer is that given the maximum number of
dwelling units and the variety of housing types, a larger number of model homes is supported. This has
been approved for a number of PUDs.
Staff 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.”
Deviation #5A: (On Premise Directional Sign)
“Deviation # 5A requests relief from LDC Sec. 5.06.02.B.5.a On Premise Directional Sign, which
allows on-premises directional signs be set back a minimum of 10 feet from the edge of roadway,
paved surface, or back of curb, to allow a setback of five feet from a roadway or platted easement,
excluding public roadways, providing it does not result in public safety concerns or obscure visibility
of the motoring traffic, as determined by the County Manager or designee.
Petitioners Justification: This deviation will allow flexibility in locating the directional signs to be
sure that they are clearly visible while maintaining public safety.
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Staff 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.”
Deviation #5B: (On Premise Directional Sign)
“Deviation # 5B requests relief from LDC Sec. 5.06.02.B.5.c.i On Premise Directional Sign, which
allows one on-premise directional sign with a maximum area of 24 square feet and a maximum height
of 8 feet, to allow all directional signs to a maximum area of 24 square feet and maximum height of 8
feet.”
Petitioners Justification: The PUD will be comprised of a number of sub-communities and this
deviation will allow residents and guests to more easily navigate the neighborhood. The signs will only
be visible to residents and visitors to the community.
Staff 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.”
Deviation 6: (Littoral Shelf Planting Area)
“Deviation # 6 requests relief from LDC Sec. 3.05.10 Littoral Shelf Planting Area (LSPA), Paragraph
A.1.b. which requires that 7 percent of the total area of a lake, measured at the control elevation, be
provided as LSPA, to instead allow 0 percent.
Petitioners Justification: Shadowwood Tract E is located to the west of the Wing South Airpark, a
private runway. While not an airport and not subject to the Airport Authority or the FAA, the applicant
has been approached by members of Wing South Airpark requesting that littoral are as be avoided if
possible to reduce the risk of attracting wildlife, specifically birds, to the air strip. This is consistent
with the guidance of LDC Sec. 4.02.06, Standards for Development within the Airport Overlay (APO),
Paragraph N. Airport land use restrictions, subparagraph 7, which is specific to landfills but specifies
that “The landfill operator must incorporate bird management techniques or other practices to
minimize bird hazards to airborne aircraft.” It is also consistent with technical guidan ce from the FAA
(“Wildlife Hazard Management at Airports, A Manual for Airport Personnel,” July 2005) and the
USDA (“Wildlife at Airports,” Wildlife Damage Management Technical Series, February 2017).
As stated in the FAA Advisory Circular, Sec. 2.3.2, in order “to facilitate the control of hazardous
wildlife, the FAA recommends the use of steep-sided, rip-rap or concrete lined, narrow, linear-shaped
9.A.3.a
Packet Pg. 773 Attachment: Staff Report - ShadowWood PUDA (23682 : ShadowWood PUDA)
PUDA-PL20210001253; ShadowWood Page 16 of 18
Revised: October 20, 2022
water detention basins.” and “All vegetation in or around detention basins that provide food or cover
for hazardous wildlife should be eliminated.”
Staff Analysis and Recommendation: Environmental staff recommends the DENIAL of the
deviation request. The applicant has requested to reduce the required littoral planting area required
by LDC Section 3.05.10.A.1.b. from seven percent to zero percent littoral plantings. Littoral
plantings are a beneficial component for stormwater management systems that aid in the
improvement of water quality by trapping sediment and absorbing excess nutrients. The applicant
has not provided evidence to support a claim that removal of the required littoral plantings from
the stormwater ponds will reduce wildlife (birds) from the area. The technical guidance from the
FAA does establish standards for reducing wildlife conflicts for aircraft. However, the location of
the airstrip adjacent to conservation areas to the east make it improbable that reducing the littoral
requirement will result in a significant reduction in wildlife presences in relation to the airstrip.
Additionally, a reduction in the required littoral planting area is not consistent with the
Conservation Coastal Management Element (CCME) of Growth Management Plan, specifically
Policy 6.1.7 (1) which states; “Wet detention ponds within the Urban Designated area shall have
a littoral shelf with an area equal to 2.5 % of the ponds surface area measured at the control
elevation and be planted with native aquatic vegetation. Therefore, ES Staff does not support the
deviation request to allow the construction of stormwater ponds without the installation of littoral
plants.
Deviation 7: (Dead End Streets)
“Deviation # 7 requests relief from LDC Section 6.06.01 Street System Requirements, Paragraph J,
which prohibits dead-end streets except when designed as a cul-de-sac, to instead allow dead-ends on
internal roadways provided the dead-end portion of the street does not exceed 150 feet.”
Petitioners Justification: Only a small number of lots will be accessed from the internal dead -end
roadways, and a full cul-de-sac is not necessary in order to provide safe access to these lots or to
protect public health, safety, and welfare. The project must still comply with the Fire Code, and
turnaround sufficient for the turn radius of emergency vehicles is being provided.
Staff 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.”
APRIL 20, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on April 20, 2022, at New Hope Ministries, Event Center, Lecture
Hall – Room 211, located at 7675 Davis Boulevard, in Naples. The meeting commenced at
approximately 5:30 p.m. and ended at 6:30 p.m. The applicant’s agent explained the request for
9.A.3.a
Packet Pg. 774 Attachment: Staff Report - ShadowWood PUDA (23682 : ShadowWood PUDA)
PUDA-PL20210001253; ShadowWood Page 17 of 18
Revised: October 20, 2022
the proposed rezone and that a second NIM was needed as the developer is adding seven parcels
into the PUD and the ShadowWood PUD to the south is proposing to interconnect into the Sandy
Lane PUD. The agent explained that this second NIM for Sandy Lane would also stand as the
official NIM for the Shadow Wood PUDA as they are companion petitions.
Paula McMichael, the agent, gave a PowerPoint presentation. She explained that Sandy Lane PUD
is 640 units and ShadowWood PUD would provide an interconnection into the proposed Sandy
Lane PUD. She then opened the meeting to the public which had the following concerns:
deviations for ShadowWood, wildlife, any change in the type of homes being offered, powerlines
abutting Sandy Lane, dirt road near the Boys and Girls Club, the clearing of Tract E in
ShadowWood, barriers for the Sandy Lane development, any possibility that the developer would
not build single family homes, the square footage and how large the lots are, ingress/egress points,
the possibility of moving the recreation center closer to Santa Barbara Blvd, proposed density,
number of homes, zero lot lines, chain-link or masonry wall near the runway in ShadowWood,
Tract E detailed plan, berm and wall for east side of Tract E and south of Tract E in ShadowWood,
blasting from Taormina, animals, the airpark, and the main entrance at Country Crews Rd. The
agent and her team had answered and addressed all concerns at the meeting. Paula McMichael had
said that the deviations for ShadowWood are for a public roadway, signs, buffers, and a model
home. Shane Johnson of Passarella and Associates explained that any nesting of birds will be dealt
with prior to construction and the deer would need to find another place to forage. In regard to
ShadowWood – Tract E, Paula said that this was already approved for 364 residential units and is
intended for single family homes and been approved for vegetative clearance. GL homes had
explained that most traffic would exit through Sandy Lane via Whitaker and onto Santa Barbara
Blvd. Paula also explained that the developer could build multifamily but as of now its single
family. GL homes did not know the square footage or how large the lots will be and further
explained that the recreation center would not move from its proposed location and that it was
strategically located closer to ShadowWood and in the middle of the Sandy Lane RPUD. GL
Homes said that the homes will range from 400 to 600 thousand. In regard to blasting, this will be
commenced per County ordinances and that people will be notified when blasting occurs. A
commitment occurred for ShadowWood which was the developer will install a 6-foot-high wall
on top of a 4-foot-high berm within the landscape buffer along the eastern and southern boundaries
of Tract E adjacent to Wing South Airpark to buffer the homes in Tract E from noise, odors, dust,
and other airport-related conditions associated with airpark operations. This commitment was
added to the Ordinance for this petition Section 5.9.C. Another commitment also occurred for
Sandy Lane RPUD which GL Homes had committed to constructing single family detached units
only along the eastern border of the proposed Sandy Lane PUD. This commitment was added to
the Ordinance for the Sandy Lane RPUD petition to Exhibit C – Master Plan, note 3, This Tract
will be developed as single family detached units only. The NIM summary, PowerPoint
presentation, and sign-in sheet are included in the CCPC backup materials.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This project does require Environmental Advisory Council (EAC) review, as this project did meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
County Codes of Laws and Ordinances. Specifically, the project is requesting a deviation to allow
storm water ponds to be constructed without the planting of littoral plants as required by LDC
9.A.3.a
Packet Pg. 775 Attachment: Staff Report - ShadowWood PUDA (23682 : ShadowWood PUDA)
PUDA-PL20210001253; ShadowWood Page 18 of 18
Revised: October 20, 2022
Section 3.05.10.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on October 20, 2022.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of approval
but not Deviation 6 for zero littoral plants.
Attachments:
A) Proposed Ordinance
B) Application/Backup Materials
9.A.3.a
Packet Pg. 776 Attachment: Staff Report - ShadowWood PUDA (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 777 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 778 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 779 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 780 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 781 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 782 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 783 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 784 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 785 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
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9.A.3.b
Packet Pg. 787 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 788 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
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9.A.3.b
Packet Pg. 797 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 798 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 799 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.b
Packet Pg. 800 Attachment: Attachment A - Proposed Ordinance (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 801Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 802Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.cPacket Pg. 807Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.cPacket Pg. 809Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 810Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 811Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 812Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 813Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 814Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 815Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.cPacket Pg. 823Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.cPacket Pg. 826Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.c
Packet Pg. 867
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9.A.3.cPacket Pg. 873Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 874Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 875Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 876Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 877Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 878Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
9.A.3.cPacket Pg. 879Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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9.A.3.cPacket Pg. 881Attachment: Attachment B - Back-up Materials (23682 : ShadowWood PUDA)
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11/17/2022
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.4
Doc ID: 23683
Item Summary: PL20200001208 - Sandy Lane RPUD (PUDZ) -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 an Agricultural (A) Zoning District to a Residential
Planned Unit Development (RPUD) Zoning District for the project to be known as Sandy Lane RPUD, to allow
construction of up to 640 dwelling units on property located east of Santa Barbara Boulevard approximately one-
half mile south of Davis Boulevard between Seychelles Drive and Polly Avenue, in Section 9, Township 50 South,
Range 26 East, consisting of 113.97± acres; and by providing an effective date. (Companion item PL20210001253)
[Coordinator: Timothy Finn, AICP, Principal Planner]
Meeting Date: 11/17/2022
Prepared by:
Title: – Zoning
Name: Tim Finn
10/25/2022 8:37 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/25/2022 8:37 AM
Approved By:
Review:
Planning Commission Diane Lynch Review item Completed 10/25/2022 5:23 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed
10/27/2022 10:59 AM
Zoning James Sabo Review Item Skipped 10/28/2022 9:51 AM
Zoning Ray Bellows Review Item Completed 10/28/2022 10:15 AM
Zoning Mike Bosi Division Director Completed 10/31/2022 8:13 AM
Growth Management Department James C French GMD Deputy Dept Head Completed 10/31/2022 6:02 PM
Planning Commission Ray Bellows Meeting Pending 11/17/2022 9:00 AM
9.A.4
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PUDZ-PL20200001208 Sandy Lane RPUD Page 1 of 21
Revised: October 24, 2022
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 17, 2022
SUBJECT: PUDZ-PL20200001208; SANDY LANE RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD)
COMPANION ITEM: PUDA-PL20210001253; SHADOWWOOD
______________________________________________________________________________
PROPERTY OWNER/APPLICANT/AGENTS:
Owner/Applicant: Agents:
Naples Associates VI, LLLP Robert J. Mulhere, FAICP Richard D. Yovanovich, Esq.
1600 Sawgrass Corp. Pkwy Hole Montes, Inc. Coleman, Yovanovich & Koester, P.A.
Suite 400 950 Encore Way 4001 Tamiami Trail North, Suite 300
Sunrise, FL 33323 Naples, FL 34109 Naples, FL 34103
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone property from an Agricultural (A) Zoning District to a Residential Planned
Unit Development (RPUD) Zoning District for the project to be known as Sandy Lane RPUD, to
allow construction of up to 640 dwelling units. The subject property is comprised of 27 parcels
owned by Naples Associates VI, LLLP.
GEOGRAPHIC LOCATION:
The subject property is located east of Santa Barbara Boulevard approximately one-half mile south
of Davis Boulevard between Seychelles Drive and Polly Avenue in Section 9, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 113.97+/- acres (see location map on page
2).
PURPOSE/DESCRIPTION OF PROJECT:
This petition seeks to rezone the property to RPUD to allow for the development of up to 640
dwelling units at 5.62 (DU/AC) for a project to be known as Sandy Lane RPUD.
9.A.4.a
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Revised: October 24, 2022
9.A.4.a
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PUDZ-PL20200001208 Sandy Lane RPUD Page 3 of 21
Revised: October 24, 2022
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses, zoning classifications, and maximum
approved densities for properties surrounding boundaries of Sandy Lane RPUD:
North:
Undeveloped land, with a current zoning designation of Taormina Reserve
MPUD (5.8 DU/AC), which is approved for single and multi-family residential,
commercial uses, and preserve areas. To the west of Taormina Reserve MPUD
is developed as Seychelles condominiums, with a current zoning designation
of Russell Square RPUD (7 DU/AC), which is approved for multi-family
residential and preserve areas
East: Developed with golf course, water management areas, and single family
residential, with a current zoning designation of Naples Heritage Golf and
Country Club PUD (1.43 DU/AC), which is approved for a golf course and
single and multiple family dwelling units
South: Developed with agricultural uses and single family residential with a current
zoning designation of Agriculture (A), and then to the east is undeveloped land
which is part of ShadowWood - Tract E with a current zoning designation of
ShadowWood PUD (3.41 DU/AC), which is approved for single and multi-
family residential, and aviation uses
West: Developed with single family residential, water management areas, mobile
homes, and Christ the King Orthodox Presbyterian Church, with a current
zoning designation of Agriculture (A); to the south of the church is
undeveloped land, with a current zoning designation of Waterford Estates PUD
(4.0 DU/AC), which is approved for single family and duplex residential units,
then further to the west is Santa Barbara Boulevard, a six-lane arterial
Intentionally blank
9.A.4.a
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PUDZ-PL20200001208 Sandy Lane RPUD Page 4 of 21
Revised: October 24, 2022
Aerial (Passarella & Associates)
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The 113.97-acre subject site is located on the east side of
Santa Barbara Blvd., approximately on-half mile south of Davis Blvd., in Section 9, Township 50
South, Range 26 East and designated Urban Designation; Urban Mixed-Use District; Urban
Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. The site is
zoned A-Agricultural. The applicant is proposing to rezone the property to a RPUD to allow the
construction of 640 DUs.
9.A.4.a
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Revised: October 24, 2022
Base density is 4DU/A = 4*113.97 = 455.88 DUs
Residential Infill can allow up to 3 additional DUs/A with the use of 1 TDR per the 3 DUs.
3*113.97 = 341.91 DUs for a potential maximum # of DUs of 797.79; rounded equals 798 --
including the purchase of 114 TDRs. The applicant only wishes to construct 640 DUs, well
below the 798 potential DUs.
Staff has found this project consistent with the Future Land Use Element of the GMP.
Transportation Element: In evaluating this project, staff reviewed the applicant’s August 24,
2022 Transportation Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation
Element of the Growth Management Plan (GMP) using the current 2021 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 petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently 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 traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic 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 a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s significant
impacts on all roadways.”
Staff has evaluated the TIS submitted with the proposed petition and has found that the proposed
Sandy Lane PUD will add an additional +/- 439 PM peak hour two-way trips on the adjacent
roadway network. The TIS also includes +/-38 PM peak hour two-way trips in this total which
represents the trips generated by using an interconnection proposed with the companion
Shadowwood PUD to the east.
The additional trips will impact the following roadway network links:
9.A.4.a
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Revised: October 24, 2022
Link # Roadway Link Location 2021 AUIR
Existing
LOS
P.M. Peak Hour
Peak Direction
Service
Volume/Peak
Direction
2021 AUIR Remaining
Capacity
79.0 Santa
Barbara
Boulevard
Rattlesnake
Hammock Road to
Davis Boulevard
B 3,100/South 1,948
16.1 Davis
Boulevard
Santa Barbara
Boulevard to Radio
Road
B 3,300/East 2,372
15.0 Davis
Boulevard
Santa Barbara
Boulevard to County
Barn Road
C 2,200/East 690
75.0 Rattlesnake
Hammock
Road
Santa Barbara
Boulevard to Collier
Boulevard
B 2,900/West 1,949
74.0 Rattlesnake
Hammock
Road
Santa Barbara
Boulevard to County
Barn Road
B 1,900/East 1,015
73.0 Rattlesnake
Hammock
Road
County Barn Road to
Charlemagne
Boulevard
B 1,800/East 801
72.0 Rattlesnake
Hammock
Road
Charlemagne
Boulevard to
US 41 Tamiami Trail
C 1,800/East 655
Staff notes that the roadway network has sufficient capacity to accommodate the proposed Sandy
Lane PUD development. Additionally, the project is located within the East Central,
Transportation Concurrency Management Area (TCMA) which currently operates with 100% of
the lane miles meeting the minimum required standards. Therefore, the proposed development is
consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan within
the 5-year planning period, and Transportation Planning staff recommend approval of the request.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation and Coastal Management Element
(CCME). The project site consists of 65.75 acres of native vegetation. A minimum of 16.43 acres
(25%) of native vegetation is required to be preserved; the applicant has proposed an 18.93 -acre
preserve to be dedicated to Collier County.
GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. This petition is consistent with the
GMP.
9.A.4.a
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Revised: October 24, 2022
STAFF ANALYSIS:
Applications to rezone to or to amend RPUDs shall be in the form of a RPUD Master Plan of
development, along with a list of permitted and accessory uses and a development standards table.
The RPUD application shall also include a list of developer commitments and any proposed
deviations from the LDC. Staff has completed a comprehensive evaluation of this land use
petition, including the criteria upon which a recommendation must be based, specifically noted in
LDC Section 10.02.13.B.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 its 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 the following analyses:
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The required preserve is 16.43 acres (25% of 65.75 acres); the Master
Concept Plan provides for an 18.93-acre preserve onsite. One Florida Panther (Puma concolor
coryi) telemetry point was detected within the project boundary in June 2015. The FWCC
databases documents this panther as having died from a vehicular collision in September 2015.
No other listed animal species were observed on the property; however, the Florida Fish and
Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear
(Ursus americanus floridanus) in the area. A management plan for Black Bear will need to be
included at PPL or SDP review. The following air plants, listed as ‘Less Rare Plants’ in Collier
County LDC 3.04.03, were found on-site and will protected in accordance with LDC requirements:
Butterfly orchid (Encyclia tampensis), Northern needleleaf (Tillandsia balbisiana), Twisted air
plant (Tillandsia flexuosa), and Cardinal air plant (Tillandsia fasciculata).
Transportation 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 south
wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and
wastewater services are available via existing infrastructure within the areas surrounding the
project. Sufficient water and wastewater treatment capacities are available. Developer
commitments are listed in “EXHIBIT F” of the RPUD document under the “UTILITY
REQUIREMENTS” section. Any improvements to the CCWSD’s water or wastewater systems
necessary to provide sufficient capacity to serve the project will be the responsibility of the
owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of
utilities acceptance.
Landscape Review: The buffers labeled on the Master Plan are in accordance with the Land
Development Code. The applicant is requesting a deviation from the buffer requirement along a
portion of the South boundary where abutting Shadowwood PUD.
9.A.4.a
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Revised: October 24, 2022
Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and
the LDC and recommends approval of this project.
Zoning Services Review: This is a request for a rezone to RPUD to allow for a total of 640 single
and multi-family residential dwelling units (±6 dwelling units per acre (DU/AC). The subject site
is designated Urban Mixed-Use District, Urban Residential Subdistrict. The proposed RPUD is
consistent with all applicable Goals, Objectives and Policies of the County’s Growth Management
Plan (GMP).
It should be noted that the proposed perimeter Sandy Lane RPUD setback shall be, at a minimum,
equal to the required width of perimeter landscape buffers as depicted on the Master Plan.
Extrapolating these landscape buffer widths to required perimeter PUD setbacks, the north and
east setbacks are 10 feet. It should be noted that the Taormina Reserve MPUD setback is 25 feet
on the northern border of Sandy Lane RPUD. The Russell Square PUD has a 15-foot Type B buffer
on the northern border of Sandy Lane. Both the Taormina Reserve MPUD and Russell Square
PUDs provide further separation from the proposed Sandy Lane RPUD through landscape
buffering. The Naples Heritage Golf and Country Club PUD to the east is situated with a golf
course, water management areas, and preserves that further provides separation from the proposed
Sandy Lane RPUD. The south perimeter setback along Polly Avenue has a 20-foot setback
(towards ShadowWood PUD) and then a 10 feet setback (towards Sunset Boulevard). On the
western PUD boundary there is a 10-foot perimeter setback; however, the setback is 20 feet
towards the Sandy Lane RPUD entrance. The Waterford Estates PUD has minimum required
setbacks of 25 feet for the front yard, 7.5 feet for the sideyard, and 20 feet for the rear yard. This
PUD has a maximum height of 30 feet. The proposed heights for Sandy Lane RPUD have an actual
building height of 42 feet and a zoned height of 35 feet. Taormina Reserve MPUD has 35 feet
zoned height and 45 actual height. Russel Square RPUD has 35 feet zoned height and 40 feet actual
height. Naples Heritage Golf and Country Club PUD has 2 stories for single family and 4 stories
for multifamily. ShadowWood PUD - Tract E has 10’ Type A buffer for single family and 15’
Type B buffer for multifamily and 35 feet zoned height and 40 feet actual height . The proposed
heights within Sandy Lane RPUD are compatible with the immediate neighborhoods as the
surrounding properties have maximum zoned building heights at 35 feet and maximum actual
building heights at 40 feet.
As illustrated in the PUD Master Plan, a 10-foot-wide Type A Buffer is proposed along the PUD
northern and eastern boundaries. The southern boundary (along Polly Avenue) is proposing a 20-
foot-wide Type D buffer (towards ShadowWood PUD) and a 10-foot-wide Type A buffer (towards
Sunset Boulevard). The western PUD boundary has a 10-foot-wide Type A buffer along Sunset
Boulevard and a 10-foot-wide Type D buffer along Sunset Boulevard near the Sandy Lane RPUD
entrance. As such, these landscaping buffers, lakes, and preserves will provide natural transitions
around and within the RPUD. The development standards will provide adequate setbacks,
limitations on height, and buffers to ensure compatibility with adjacent land uses.
CONCURRENT PETITIONS AT THE SUBJECT PROPERTY
PL20210000560 - Sandy Lane – Vacation of Right-of-Way (AVROW) will be heard by the Board
of County Commissioners (BCC) on November 8, 2022. The applicant proposes to vacate a portion
9.A.4.a
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Revised: October 24, 2022
of the right-of-way for Sandy Lane in order to redevelop approximately 107 acres into 640 single
and multifamily dwelling units. The property is subject to a rezoning application
(PL20200001208) that will rezone the property from Agricultural (A) zoning district to a
Residential Planned Unit Development (RPUD). The vacated rights-of-way will be incorporated
into the development and a new internal roadway network and necessary utility easements will be
established to serve the proposed community.
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”:
1. 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.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “EXHIBIT F” of the RPUD document under the “UTILITY
REQUIREMENTS” section. Any improvements to the CCWSD’s water or wastewater
systems necessary to provide sufficient capacity to serve the project will be the
responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to
the County at the time of utilities acceptance.
Moreover, stormwater management details will be addressed at time of SFWMD
Environmental Resource Permitting (ERP) and County Site Development Permit
(SDP)/Plans and Plat Permit (PPL) permitting.
2. Adequacy of evidence of unified control and suitability 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 Attorney’s
Office, demonstrate unified control of the property.
3. 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).
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
9.A.4.a
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and screening requirements.
As described in the Staff Analysis section of this staff report subsection Landscape Review,
the Master Plan proposes the appropriate perimeter landscape buffers. Staff is of the
opinion that the proposed project will be compatible with the surrounding area.
5. 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.
6. 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 Plat), 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.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “EXHIBIT F” of the RPUD document under the “UTILITY
REQUIREMENTS” section. Any improvements to the CCWSD’s water or wastewater
systems necessary to provide sufficient capacity to serve the project will be the
responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to
the County at the time of utilities acceptance.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Water and wastewater mains are available within the areas surrounding the project. There
are adequate water and wastewater treatment capacities to serve the project. Developer
commitments are listed in “EXHIBIT F” of the RPUD document under the “UTILITY
REQUIREMENTS” section. Any improvements to the CCWSD’s water or wastewater
systems necessary to provide sufficient capacity to serve the project will be the
responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to
the County at the time of utilities acceptance.
8. 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.
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Twelve 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 consistent with 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 pattern (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.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The properties that abut the project to the north, east, south, and west allow for residential
uses. Therefore, the proposed petition would not create an isolated district unrelated to
adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
As shown on the zoning map included at the beginning of this report, the existing district
boundaries are logically drawn. The proposed PUD zoning boundaries follow the property
ownership boundaries. The zoning map on page 2 of the staff report illustrates the perimeter
of the outer boundary of the subject parcel.
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.
6. 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.
7. Whether the proposed change will create or excessively increase traffic congestion or
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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 sufficient capacity to serve the proposed project.
8. Whether the proposed change will create a drainage problem.
The proposed RPUD request is not anticipated to create a stormwater management problem
in the area; provided an environmental resource permit (ERP) that addresses re-routing of
off-site stormwater flows, 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
also evaluate all these ERP issues along with the project’s stormwater management system,
calculations, and design criteria at time of SDP and/or plat review.
9. 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
of adjacent property in accordance with existing regulations.
Properties to the east, south, and west, and north are developed. The basic premise
underlying all the development standards in the LDC is that sound application, when
combined with the site development plan approval process and/or subdivision process,
gives reasonable assurance that a change in zoning will not result in deterrence to
improvement or development of adjacent property. Therefore, the proposed zoning change
should not be a deterrent to the improvement of adjacent properties.
12. 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
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are in the public interest.
13. 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.
14. 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.
15. 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.
16. The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
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.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The development will have to meet all applicable criteria set forth in the LDC regarding
Adequate Public Facilities. The project must also be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities. This petition has been
reviewed by county staff that is responsible for jurisdictional elements of the GMP as part
of the rezoning process, and staff has concluded that the developer has provided
appropriate commitments so that the impacts to the Level of Service (LOS) will be
minimized.
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.
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DEVIATION DISCUSSION:
The petitioner is seeking twelve 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: (Dead-End Streets)
“Deviation No. 1 (Street System Requirements) requests relief from LDC Section 6.06.01.J, which
prohibits dead-end streets except when designed as a cul-de-sac to instead allow one street with
two dead-ends in the northern portion of the project, and one street with one dead-end in the
southern portion of the project.”
Petitioner’s Justification: Only a small number of lots (anticipated two lots at each end) will be
accessed from the internal dead-end roadways, and a full cul-de-sac is not necessary in order to
provide safe access to these lots or to protect public health, safety, and welfare. The project must
still comply with the Fire Code and turnaround, sufficient for the turn radius of emergency
vehicles, is being provided.
Staff 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.”
Proposed Deviation #2 (Right-of-Way Width)
“Deviation No. 2 (Street System Requirements) requests relief from LDC Section 6.06.01.N,
which requires a minimum right-of-way width of 60 feet for local roads to instead allow a width
of 50 feet for roadways within the Sandy Lane RPUD consistent with Exhibit C-1. This deviation
excludes public roads”
Petitioner’s Justification: This deviation has been granted for many projects where the roads will
remain private. There is adequate width in a 50 -foot right-of-way for a private, local road to
provide a sufficient cross-section to accommodate all necessary utilities, sidewalks, and travel
lanes while maintaining public safety.
Staff 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
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is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
Proposed Deviation #3: (Preserve Areas)
“Deviation No. 3 requests relief from LDC Sec. 3.05.07.A.5., which requires that preservation
areas be interconnected within the site, to allow four separate preserve areas as shown on the
Master Plan.”
Petitioner’s Justification: This deviation is necessary due to the fragmented nature of the existing
native vegetation on-site. The deviation will allow the applicant to preserve higher quality
wetlands and maximize the protection of listed plant species while providing a connection to South
Florida Water Management District conservation lands to the east.
Staff Analysis and Recommendation: Environmental Planning staff recommends APPROVAL
for the proposed deviation request. The site has been previously impacted and developed with
single family homes, along with some agricultural activities. Allowing separate preserves will
preserve the highest quality wetland vegetation on-site. Additionally, the preserves will create
connectivity to the recorded preserves to the east of the development. Staff sees no detrimental
effect if this deviation request is approved. Zoning and Development Review staff concur with
Environmental Planning staffs 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 #4: (Wall Height)
“Deviation No. 4 requests relief from LDC Sec. 5.03.02.C, which limits the heights of fences or
walls in residential components of PUDs to 6 feet, to allow a wall 8 feet in height adjacent to the
main entrance road in the location shown on the Master Plan.”
Petitioner’s Justification: The applicant proposes an eight foot wall to the south of the primary entry
road from Santa Barbara Blvd. to provide additional buffering, both visual and auditory, for the
resident to the south. The wall will be constructed to all other standards as required by code, i.e. to
present a finished side to the adjoining lot, to be located no less than six feet from the PUD boundary,
and to place all required vegetative plantings and irrigation on the external side of the wall such that
50 percent of the wall is screened within one year of the installation of the vegetative material.
Staff 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.”
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Proposed Deviation #5: (Model Homes)
“Deviation No. 5 requests relief from Sec. 5.04.04.B.3.e, which provides that a temporary use
permit for a model home will be issued initially for a period of three years, to allow the model
homes to remain for up to 6 years without requiring approval of a conditional use.”
Petitioner’s Justification: The experience of the developer indicates that build-out on a project of
this size may be longer than the three years permitted by code, so the applicant requests that the
permitted timeframe be extended to 6 years, with the possibility of a longer period via appro val of a
conditional use.
Staff 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.”
Proposed Deviation #6: (Model Homes)
“Deviation No. 6 requests relief from Sec. 5.04.04.B.5.c, which provides that a maximum of five model
homes, or a number corresponding to ten percent of the total number of platted lots, whichever is less,
per platted, approved development, shall be permitted prior to final plat approval, to allow for up to 16
model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a
model building permit, it shall be required to inform the County how many model homes have been
permitted.”
Petitioner’s Justification: Again, the experience of the developer is that given the maximum number
of dwelling units and the variety of housing types, a larger number of model homes is supported. This
has been approved for a number of PUDs.
Staff 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.”
Proposed Deviation #7A: (On Premise Directional Signs)
“Deviation No. 7A requests relief from Sec. 5.06.02.B.5.a. On Premise Directional Signs which
allows on-premises directional signs be set back a minimum of 10 feet from the edge of roadway,
paved surface, or back of curb, to allow a setback of five feet from a roadway or platted easement,
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excluding public roadways, providing it does not result in public safety concerns or obscure
visibility of the motoring traffic, as determined by the County Manager or designee.”
Petitioner’s Justification: This deviation will allow flexibility in locating the directional signs to be
sure that they are clearly visible while maintaining public safety.
Staff 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.”
Proposed Deviation #7B: (On Premise Directional Signs)
“Deviation No. 7B requests relief from Sec. 5.06.02.B.5.c.i On Premise Directional Signs which
allows one on-premise directional sign with a maximum area of 24 square feet and a maximum
height of 8 feet, to allow all directional signs to a maximum area of 24 square feet and maximum
height of 8 feet.
Petitioner’s Justification: The deviation will allow for easier navigation within the community
and the signs will only be visible to residents and visitors to the community.
Staff 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.”
Proposed Deviation #8A: (On Premise Directional Signs)
“Deviation No. 8A requests relief from Sec. 5.06.02. B.6 On-premises signs within residential districts
which allows two ground signs with a maximum height of eight feet, to allow two ground signs with a
maximum height of ten feet adjacent to the Santa Barbara Boulevard right -of-way.
Petitioner’s Justification: Santa Barbara Boulevard is a 6-lane divided arterial with an over 300 ft.
wide right-of-way. The deviation will aid motorists in locating the development and the larger size will
provide sufficient space to identify all communities within the PUD.
Staff 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
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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 #8B: (Residential District Signs)
“Deviation No. 8B requests relief from Sec. 5.06.02.B.6.b On premises signs within residential districts
which allows the ground or wall sign not to exceed a combined area of 64 square feet, to allow the two
ground signs on Santa Barbara Boulevard with a maximum area of 64 square feet.”
Petitioner’s Justification: Santa Barbara Boulevard is a 6-lane divided arterial with an over 300 ft.
wide right-of-way. The deviation will aid motorists in locating the development and the larger size will
provide sufficient space to identify all communities within the PUD.
Staff 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.”
Proposed Deviation #9: (Sidewalks)
“Deviation No. 9 requests relief from Sec. 6.06.02.A.1 which requires sidewalks on both sides of
a local street, to allow a single five-foot sidewalk on only one side of the street as shown on the
Sidewalk Plan attached as Exhibit C-2.”
Petitioner’s Justification: This deviation will maintain pedestrian connectivity through the site while
not requiring sidewalks if there are no residences on that side of the street.
Staff 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.”
Proposed Deviation #10: (Landscape Buffers)
“Deviation No. 10 requests relief from LDC Section 4.06.02 Buffer Requirements, Table 2.4, which
requires each property to provide a buffer, to allow for no landscape buffer between Sandy Lane RPUD
and ShadowWood PUD Tract E to the south, provided the properties have a roadway connection as
shown on the Master Plan and are developed by the same developer as a unified development, entirely
with single-family dwellings, submitted under one SDP or PPL.”
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Petitioner’s Justification: This deviation has been approved where one unified development
consists of lands within two separate zoning districts, recognizing that the additional landscaping
requirement is not needed to buffer adjacent uses within the same residential community with the
same developer.
Staff 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.”
MAY 4, 2021 NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on May 4, 2021, at New Hope Ministries, Event Center, Lecture
Hall – Room 211, located at 7675 Davis Boulevard, in Naples. The meeting commenced at
approximately 5:30 p.m. and ended at 6:40 p.m. The applicant’s agent explained the request for
the proposed rezone.
Bob Mulhere, the agent, gave a PowerPoint presentation. He explained that most of the proposed
Sandy Lane RPUD is within the residential density band. He then explained that he is seeking a
vacation of rights of way along two streets in the proposed development. He then opened the
meeting to the public which had the following concerns: traffic, walls, stormwater, child safety at
Polly Avenue and to and from schools, Taormina construction debris, noise, animal safety, type
of housing being offered, electrical problems to the neighborhood, drainage, access points into
Sandy Lane, flooding, residents being zoned out of their current zoning, and building homes in a
bad economy. The agent and his team had answered and add ressed all concerns at the meeting.
Bob Mulhere did explain that the stormwater would run into the lakes within the Sandy Lane PUD.
Norm Trebilcock of Trebilcock Consulting Solutions had explained that there is sufficient access
along surrounding roads. Kevin Ratterree of GL Homes had explained that single and two family
attached would be offered. In regard to animals and wildlife, the agent explained that he is required
to submit an Environmental Assessment and is required to seek a permit through Water
Management regarding any flooding. Two public attendees had issues regarding being zoned out
from their properties and Rich Yovanovich of Coleman, Yovanovich, Koester, had assured that
this won’t be an issue. Kevin Ratterree of GL Homes had explained that GL Homes is also
developing part of ShadowWood as well as Sandy Lane. He said that the homes may range from
400 to 600 hundred thousand and may break ground in late 2022. The construction would move
west to east. All lakes would be done at one time and the dynamiting of lakes will be closely
monitored. No commitments were made. The NIM summary, PowerPoint presentation, and sign-
in sheet are included in the CCPC backup materials.
APRIL 20, 2022 NEIGHBORHOOD INFORMATION MEETING (NIM
The applicant conducted a NIM on April 20, 2022, at New Hope Ministries, Event Center, Lecture
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Hall – Room 211, located at 7675 Davis Boulevard, in Naples. The meeting commenced at
approximately 5:30 p.m. and ended at 6:30 p.m. The applicant’s agent explained the request for
the proposed rezone and that a second NIM was needed as the developer is adding seven parcels
into the PUD and the ShadowWood PUD to the south is proposing to interconnect into the Sandy
Lane PUD. The agent explained that this second NIM for Sandy Lane would also stand as the
official NIM for the Shadow Wood PUDA as they are companion petitions.
Paula McMichael, the agent, gave a PowerPoint presentation. She explained that Sandy Lane PUD
is 640 units and ShadowWood PUD would provide an interconnection into the proposed Sandy
Lane PUD. She then opened the meeting to the public which had the following concerns:
deviations for ShadowWood, wildlife, any change in the type of homes being offered, powerlines
abutting Sandy Lane, dirt road near the Boys and Girls Club, the clearing of Tract E in
ShadowWood, barriers for the Sandy Lane development, any possibility that the developer would
not build single family homes, the square footage and how large the lots are, ingress/egress points,
the possibility of moving the recreation center closer to Santa Barbara Blvd, proposed density,
number of homes, zero lot lines, chain-link or masonry wall near the runway in ShadowWood,
Tract E detailed plan, berm and wall for east side of Tract E and south of Tract E in ShadowWood,
blasting from Taormina, animals, the airpark, and the main entrance at Country Crews Rd. The
agent and her team had answered and addressed all concerns at the meeting. Paula McMichael had
said that the deviations for ShadowWood are for a public roadway, signs, buffers, and a model
home. Shane Johnson of Passarella and Associates explained that any nesting of birds will be dealt
with prior to construction and the deer would need to find another place to forage. In regard to
ShadowWood – Tract E, Paula said that this was already approved for 364 residential units and is
intended for single family homes and been approved for vegetative clearance. GL homes had
explained that most traffic would exit through Sandy Lane via Whitaker and onto Santa Barbara
Blvd. Paula also explained that the developer could build multifamily but as of now its single
family. GL homes did not know the square footage or how large the lots will be and further
explained that the recreation center would not move from its proposed location and that it was
strategically located closer to ShadowWood and in the middle of the Sandy Lane RPUD. GL
Homes said that the homes will range from 400 to 600 thousand. In regard to blasting, this will be
commenced per County ordinances and that people will be notified when blasting occurs. A
commitment occurred for ShadowWood which was the developer will install a 6-foot-high wall
on top of a 4-foot-high berm within the landscape buffer along the eastern and southern boundaries
of Tract E adjacent to Wing South Airpark to buffer the homes in Tract E from noise, odors, dust,
and other airport-related conditions associated with airpark operations. This commitment was
added to the Ordinance for this petition Section 5.9.C. Another commitment also occurred for
Sandy Lane RPUD which GL Homes had committed to constructing single family detached units
only along the eastern border of the proposed Sandy Lane PUD. This commitment was added to
the Ordinance for the Sandy Lane RPUD petition to Exhibit C – Master Plan, note 3, This Tract
will be developed as single family detached units only. The NIM summary, PowerPoint
presentation, and sign-in sheet are included in the CCPC backup materials.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This project does require Environmental Advisory Council (EAC) review, as this project does meet
the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier
9.A.4.a
Packet Pg. 1015 Attachment: Staff Report - Sandy Lane RPUD (23683 : Sandy Lane RPUD PUDZ)
PUDZ-PL20200001208 Sandy Lane RPUD Page 21 of 21
Revised: October 24, 2022
County Code of Laws and Ordinances. Specifically, a deviation is being requested to allow four
preserves that are not connected within the site.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on October 24, 2022.
RECOMMENDATION:
Staff recommends the CCPC forward Petition PUDZ-PL20200001208 for approval to the Board
of County Commissioners subject to the following condition:
1. The section of Polly east of Sunset along the southern edge of the “P” Preserve designation
needs to be removed from the Master Plan. In addition an appropriate dead end must be shown
on the Master Plan at the new west end of Poly. The dead end improvement must also be
constructed at time of first Plat or SDP.
Attachments:
A) Proposed Ordinance
B) Application/Backup Materials
9.A.4.a
Packet Pg. 1016 Attachment: Staff Report - Sandy Lane RPUD (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1017 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1018 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1019 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1020 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1021 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1022 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1023 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1024 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1025 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1026 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1027 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1028 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1029 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1030 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1031 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1032 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1033 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1034 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1035 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1036 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.b
Packet Pg. 1037 Attachment: Attachment A - Proposed Ordinance (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1038Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1039Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1040Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1041Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1042Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1043Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1044Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1045Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1046Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1047Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1048Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1049Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1050Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1051Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1052Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1053Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1054Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1055Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1056Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1057Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1058Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1059Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1060Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1061Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1062Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1063Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1064Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1065Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1066Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1067Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1068Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1069Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1070Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1071Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1072Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1073Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1074Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1075Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1076Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1077Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1078Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1079Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1080Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1081Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1082Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1083Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1084Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1085Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1086Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1087Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1088Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1089Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1090Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1091Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1092Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1093Attachment: Attachment B -
9.A.4.cPacket Pg. 1094Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1095Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1096Attachment: Attachment B -
9.A.4.cPacket Pg. 1097Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1098Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1099Attachment: Attachment B -
9.A.4.cPacket Pg. 1100Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1101Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1102Attachment: Attachment B -
9.A.4.cPacket Pg. 1103Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1104Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1105Attachment: Attachment B -
9.A.4.cPacket Pg. 1106Attachment: Attachment B -
9.A.4.cPacket Pg. 1107Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1108Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1109Attachment: Attachment B -
9.A.4.cPacket Pg. 1110Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1111Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1112Attachment: Attachment B -
9.A.4.cPacket Pg. 1113Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1114Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1115Attachment: Attachment B -
9.A.4.cPacket Pg. 1116Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1117Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1118Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1119Attachment: Attachment B -
9.A.4.cPacket Pg. 1120Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1121Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1122Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1123Attachment: Attachment B -
9.A.4.cPacket Pg. 1124Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1125Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1126Attachment: Attachment B -
9.A.4.cPacket Pg. 1127Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1128Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1129Attachment: Attachment B -
9.A.4.cPacket Pg. 1130Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1131Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1132Attachment: Attachment B -
9.A.4.cPacket Pg. 1133Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1134Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1135Attachment: Attachment B -
9.A.4.cPacket Pg. 1136Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1137Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1138Attachment: Attachment B -
9.A.4.cPacket Pg. 1139Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1140Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1141Attachment: Attachment B -
9.A.4.cPacket Pg. 1142Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1143Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1144Attachment: Attachment B -
9.A.4.cPacket Pg. 1145Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1146Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1147Attachment: Attachment B -
9.A.4.cPacket Pg. 1148Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1149Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1150Attachment: Attachment B -
9.A.4.cPacket Pg. 1151Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1152Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1153Attachment: Attachment B -
9.A.4.cPacket Pg. 1154Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1155Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1156Attachment: Attachment B -
9.A.4.cPacket Pg. 1157Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1158Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1159Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1160Attachment: Attachment B -
9.A.4.cPacket Pg. 1161Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1162Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1163Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1164Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1165Attachment: Attachment B -
9.A.4.cPacket Pg. 1166Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1167Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1168Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1169Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1170Attachment: Attachment B -
9.A.4.cPacket Pg. 1171Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1172Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1173Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1174Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1175Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1176Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1177Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1178 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1179Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1180Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1181Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1182Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1183Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1184Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1185Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1186Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1187Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1188Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1189Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1190Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1191Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1192Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1193Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1194 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1195 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1196 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1197 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1198 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1199 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1200 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1201 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1202 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1203 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1204 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1205 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1206 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1207 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1208 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1209 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1210 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1211 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1212 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1213 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1214 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1215 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1216 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1217 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
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Packet Pg. 1218 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1219Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1220Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1221Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1222 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1223Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1224Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1225Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1226Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1227 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1228Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1229 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1230 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1231Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1232Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1233Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1234Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1235Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1236Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1237Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1238Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1239Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1240Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1241Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1242
9.A.4.cPacket Pg. 1243Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1244Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1245Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1246Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1247Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1248Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1249Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1250Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1251Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1252
9.A.4.cPacket Pg. 1253Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1254Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1255Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1256Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1257Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1258Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1259Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1260Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1261Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1262Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1263Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1264Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1265Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1266
9.A.4.cPacket Pg. 1267Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1268Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1269Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1270-
9.A.4.cPacket Pg. 1271Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1272Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1273Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1274
9.A.4.cPacket Pg. 1275Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1276Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1277Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1278Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1279Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1280Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1281Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1282Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1283Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1284Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1285Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1286Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1287Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1288Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1289Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1290Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1291Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1292Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1293Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1294Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1295Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1296Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1297Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1298Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1299Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1300Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1301Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1302Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1303Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1304Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1305Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1306Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1307Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1308Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1309Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1310 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1311 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1312 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1313 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1314Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1315Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1316Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1317Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1318Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1319Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1320Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1321Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1322Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1323Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1324Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1325Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1326Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1327Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1328Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1329Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1330Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1331 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1332 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1333Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1334Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1335 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1336Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1337Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1338Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1339Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1340 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1341 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1342 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1343 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1344 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1345 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1346 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1347 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1348Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1349Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1350Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1351 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1352Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1353Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1354Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1355Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1356Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1357Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1358Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1359Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1360Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1361Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1362Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1363Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1364Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1365Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1366Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1367Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1368Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1369Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1370Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1371Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1372Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1373Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1374Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1375Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1376 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1377 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1378 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1379 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1380 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1381Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1382Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1383Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1384Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1385Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1386Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1387Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1388Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1389Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1390Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1391Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1392Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1393 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1394 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1395
9.A.4.c
Packet Pg. 1396 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1397
9.A.4.c
Packet Pg. 1398 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1399 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1400 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1401 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1402 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1403 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1404 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1405 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1406Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1407Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1408Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1409Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1410Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1411Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1412 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1413 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1414 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1415 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1416Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1417Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1418Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1419Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1420Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1421Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1422Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.cPacket Pg. 1423Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1424 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1425 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1426Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1427Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1428
9.A.4.c
Packet Pg. 1429 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1430 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1431 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1432
9.A.4.c
Packet Pg. 1433 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1434 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1435 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1436 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.c
Packet Pg. 1437 Attachment: Attachment B - Back-Up Materials (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1438Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1439Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1440Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1441Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1442Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1443Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)
9.A.4.dPacket Pg. 1444Attachment: Attachment C - Hearing Advertising Signs (23683 : Sandy Lane RPUD PUDZ)