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CCPC Backup 01/07/2010 RCCPC REGULAR MEETING BACKUP DOCUMENTS JANUARY 7, 2010 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 7, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: 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 1S TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. NEW BUSINESS A. Revisions to the GMP amendment hearing schedule for the Transmittal of the Immokalee Area Master Plan petition CP- 2008 -5 5. PLANNING COMMISSION ABSENCES 6. APPROVAL OF MINUTES — NOVEMBER 19, 2009, AND DECEMBER 3, 2009 7. BCC REPORT - RECAPS —DECEMBER 15, 2009 8. CHAIRMAN'S REPORT 9. CONSENT AGENDA ITEMS A. Petition: PUDZ- 2007 -AR- 12294, Theresa Cook, Executive Director of the Collier County Airport Authority and CDC Land Investments, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, requests a rezone from the Industrial (1) and the Rural Agricultural with a Mobile Home Overlay (A -MHO) Zoning Districts to the Airport Operations Planned Unit Development Zoning District (AOPUD) for a project to be known as the Immokalee Regional Airport Planned Unit Development. This project proposes to allow development of a maximum of 5,000,000 square feet of aviation and non - aviation development on 1,484± acres of land located north of CR 846, in Sections 25, 26, 27, 34, 35, 36, Township 46 South, Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) B. Petition: PUDA- PL2009 -781, Craig T. Bouchard of Tennis Realty, LLC represented by Michael R. Fernandez, AICP of Planning Development Inc., is requesting an amendment to the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ord. No. 81 -61) to revise the site development plan approval process for the transient lodging facilities accessory use and adding development standards for transient lodging facilities, by amending the development plan cover page; by amending Section 11, Project Development, Subsection 2.3.B.; by amending Section IV, Tract B: Recreational Club Development, Subsection 4.3.B.3); by amending Section IX. Development Standards, adding Section 9.12, Transportation Improvements and any other stipulations or regulations that may result from the amendment process pertaining to transient lodging facility units within the 20± acre Tract B of the 153.7 acre project. The subject property is located on the west side of Airport - Pulling Road, between Pine Ridge Road and Golden Gate Parkway in Section 14, Township 49S, Range 25E, Collier County, Florida. (Coordinator: Kay Deselem, AICP) 10. ADVERTISED PUBLIC HEARINGS A. Petition: VA- PL2009 -37, FLO TV Inc., represented by Kimberly J. Madison, Esq., of Ruden, McClosky, Smith, Schuster and Russell, P.A., is requesting a Variance of 55.7 feet from the 75 -foot front yard setback requirement; and Variances of 22.3 feet and 22.6 feet from the 30 -foot eastern and western side yard setback requirements, respectively, of LDC subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, to permit 19.3 -foot, 7.7 -foot and 7.4 -foot setbacks, respectively, for the guy lines and anchors of a communications tower in excess of 75 feet in the Estates (E) Zoning District. The 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida. (Companion item to CU- 2008 -AR- 14085) (Coordinator: John - David Moss, AICP) (CONTINUED FROM SEPTEMBER 17, 2009) B. Petition: CU- 2008 -AR- 14085, FLO TV, Inc., represented by Kimberly J. Madison, Esq., of Ruder, McClosky, Smith, Schuster and Russell, P.A., is requesting a Conditional Use for a communications tower and the installation of related shelter and equipment in the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC). The approximately 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida. (Companion item to VA- PL2009 -037) (Coordinator: John -David Moss, AICP) (CONTINUED FROM SEPTEMBER 17, 2009) C. Petition: PUDZ -A- 2006 -AR- 10318, Pawel and Teryl Brzeski, Magnolia Pond Holdings, LLC and Teryl Brzeski, Trustee of the Land Trust # 1 -B, represented by Davidson Engineering and Patrick White of Porter, Wright, Morris & Arthur, LLP, are requesting a rezone from the Magnolia Pond Planned Unit Development (PUD), Ordinance No. 98 -49, and Rural Agriculture (A) Zoning Districts to a Mixed -Use Planned Unit Development (MPUD) to be known as Magnolia Pond MPUD, permitting 231 multi - family dwelling units and/or an assisted living facility (ALF) at a floor area ratio of .60 with the applicant seeking to add an additional 5 acres to the site. The subject property is 47.05± acres and is located on the north side of the I -75 right -of -way and half mile west of Collier Boulevard (CR -951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Coordinator: Melissa Zone) (CONTINUED FROMDECEMBER I7, 2009) D. Petition: CU- PL2009 -405, Collier County Alternative Transportation Modes Department represented by Abra Horne, AICP, of Wilbur Smith Associates is requesting a Conditional Use in the Gallman Olds PUD zoning District to add a Government Facility, limited to a Bus Transfer Station pursuant to LDC Section 2.01.03.G. 1.e, Essential Services. The subject 10.04± acre property is located on the south side of Radio Road extending to Davis Boulevard, approximately 1,000 feet from the Radio Road and Davis Boulevard intersection in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) I E. Petition: RZ- PL2009 -469, East Naples Fire Control and Rescue District No. 26, represented by Robert L. Duane, AICP of Hole Montes Inc., is requesting to rezone from Rural Agriculture (A) and Commercial Intermediate (C -3) zoning districts to the Public Use (P) zoning district for a Fire Station and accessory uses. The subject property is 3.68± acres and is located in Section 20, Township 51 South, Range 27 East, Collier County, Florida. (Coordinator: Melissa Zone) 11. OLD BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 12/18/09 CCPC Agenda/Ray Bellows /Id O �.'�3 'T BL, X05 C �T, - VON" MMV r _ r Ce OF h� County Planning (")' { 'inthWBoard of COutuy k `. hereby gliren theta trill Row 3triflaor, Admin I Id by the CoHW- ,County P110 —w 9 , pment ("venter, 83111 Fast UWAilaw A.K, Tl achy, tp caonaider' the Biaard ofout/,Cornrsrisaronee oeisa, r f represented 3►tf ; Administrs}tion i3,uilding, Cot�ar' pvem F WTN tic., p by TJ Madan, ,, Auden,,McClosky, Smith; rrr tt ;. 0 Tamiami Trail, Naples Florid } FLA a Variance of cons" rd ;ifyf requirement; t V. Inc:, and Y ?, 3 f nd &j6f* rom the 30 -foot easteri► and si+ae:ypsd aoaMquirements re- Kimberly J. lNardisbui, EaCi., of 13uden, CIosky, Srrnith, Schuster and Russell, P.A:,�is *eq �spectivehr, of tqC 4,02A4; Table.2.1, Table ing a Conditional 14se for a rrtatiorrs tit 01 Mir► Y�irdReq rst pr eZc n ►gi3istricts, ,tb instal lion of- riiatte ,)shc�lier ti3usf.sglriP pemdt ift.8 -#sue 77dii setkacks, re- Fates ir�the ( Zoning l�triat, a8t tnrety, f :tt)s t Niaes rd ids cf comrrtunica- t� 545;fl9 of the - toner Cou , y La ent tions tsiwer in exaeea r 75 i e Zoning Code (Li)C} :The $pp t±"ateiY 4.77 acne eCrt�ject D1sf�ict -The 4.77- aacre:sl ct preperty re =at, aell3li rs grad, jn coon 8, iIrs Roa�d,.ir►.ecti9r+$,h, TiNnafrl. ' u� #h, Ralr> 21aat, in Ctihar Cony, Last, in Collier County, Flo r1m (Cojx)pa on item to CU- � Florida (0fi�nPani4 itdrn to VA- 0L.200I9,V17. . 200 &AR - 14085) T =Ali In - patties are invited to appear •, ,ba All interested parties are invited to.•appearand be heMid I I I heard. Individual speakers will be limited to,6 min - Individual speakers will be limped to 5 minutes on any utes on any iteM. Expert witnesses shalt be Hrnited to item. Expert witnesses-shall be Nrnited to 10 minutes 10 minutes each. Persons who have been authorized . 6000. Persons who ;have beett'authot�zed to represent to represent .a group or organi$ation should limit thp*" a group or organization should limit their presentation to presentation to ten minutes. Persons g ten minuies.,Persons wishing o have written or graphic vyishin to hen% g written .or graphic materials inctudq�i in, the (C materials included ' to the CCPC agenda pack6ts wrist agenda packets must submit said material a mini- submit said material _a minimum of, 10 days prior to tlw_ . mum of -10 days prior to the respective public hear - respective public hearing. Written comments _trust be ing. Written comments must be filed with the 136ort- tried with theI,DepartMW,,4 of Zoning and Land Develop- ment of Zoning and Land'bevelopment Review priol' ment Review prior to, wary 7, 2010, kt order'to be con to January 7, 2010,, in order to bel constd�d at the sidered at the public hearing. All materials used in pre- public heairing. All materials used in preser tallon be- sentation before the CCPCwill became a pemtanent part fore the CCPC will becomes a permanent part: of the of the record and will be available for presentation to the record and will be available; for presentation to the Board of county Commissioners, if applicable. Board of County Commissioners, if applicable. Any person who decides to appeal a` decision of the CCPC will need a record of the proceedings nertobl% Any person who deakhe to appeal a decision of the thereto, and therefore may need to ensure that a vatw CCPC will need a reoo4 of the proceedings Pertain tirn record of the proceedings is made, which includes all ing thereto, and therviora. may need to ensure that a testimony and evidence upon whiph the appeal is to be verbatim record of the proceedings is made, which based. includes all testimony rill ai ldonce .upon which the appeal is to be based Collier County Planning Commiss' n Collier County, Florida Collier, Countlr;Plannitfg Cmisslnn' Mark P. Strain, ChakTnan Collier'Coullay Mond# M&Lmftt 2009 Mark � Strain," Chairman �c VI®. )' NAPLES NAPLESIIkRI:AOE NAPLES HERITAGE p�N ,_ MRIIFRTY NFi6TA9E (COUM�YRY .:car.�vc C1wxmY aUS j9 ..ALA -N p NAPLES NATIONAL K 8888 y g, - CWB OW CLW /'Ul(:RS CLUB GOLF CLU9 SlON 11 A. 9 PROJECT 10 ' L `Q LOCATION LOCATION (P�OI1F� (r ND,LIESOF ISL.ALDIA . - HONES OF M>MA LASW PONSEAVATION AREA YEN RIVIERA SHADOW- WATERFORD WOOD LSTAIES SHADOW- NAWT WATERFORD MOOD - ESTATES ( _ RIVIERA . 17 ...: , CGS) GOLF G(NF 17 ROYAL NAPLES LANES .COUNTRY CLLB.. - d A ROYAL WDODS "16 COUNTRY rc" 15 C&C CLUB ,A MW000DXGTON DD5S NMIT - NANDN.AY - iIAAYAOLYL ROAD (CFI. oeq RA . Any person who decides to appeal a` decision of the CCPC will need a record of the proceedings nertobl% Any person who deakhe to appeal a decision of the thereto, and therefore may need to ensure that a vatw CCPC will need a reoo4 of the proceedings Pertain tirn record of the proceedings is made, which includes all ing thereto, and therviora. may need to ensure that a testimony and evidence upon whiph the appeal is to be verbatim record of the proceedings is made, which based. includes all testimony rill ai ldonce .upon which the appeal is to be based Collier County Planning Commiss' n Collier County, Florida Collier, Countlr;Plannitfg Cmisslnn' Mark P. Strain, ChakTnan Collier'Coullay Mond# M&Lmftt 2009 Mark � Strain," Chairman �c DAMS OAVM 9L r NAPLES. NAPLES HERITAGE FREEST H GOLF AND COUNTRY CLUB COUNTRY TA"AND NAPLES' MATIONK FALLING qjp 6 WATERS ) CLUB GOLF CLU9 SlON 11 A. PROJECT io A `Q LOCATION (r HONES OF M>MA YEN RIVIERA SHADOW- WATERFORD WOOD LSTAIES LASIP. CONSERVATION AREA COLONY (S) . 17 ...: , SS NAPLES LAIRS 3 ROYAL #8 .COUNTRY CLLB.. - d W CLUB 15 U . OANDALAY NMIT - (C .R. 864)' iIAAYAOLYL ROAD Any person who decides to appeal a` decision of the CCPC will need a record of the proceedings nertobl% Any person who deakhe to appeal a decision of the thereto, and therefore may need to ensure that a vatw CCPC will need a reoo4 of the proceedings Pertain tirn record of the proceedings is made, which includes all ing thereto, and therviora. may need to ensure that a testimony and evidence upon whiph the appeal is to be verbatim record of the proceedings is made, which based. includes all testimony rill ai ldonce .upon which the appeal is to be based Collier County Planning Commiss' n Collier County, Florida Collier, Countlr;Plannitfg Cmisslnn' Mark P. Strain, ChakTnan Collier'Coullay Mond# M&Lmftt 2009 Mark � Strain," Chairman �c AGENDA ITEM 10 -A Coffer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 15, 2009 SUBJECT: PETITION VA -PL- 2009 -037, FLO TV INCORPORATED (COMPANION TO CU PRETITION CU- 2008 -AR- 14085) PROPERTY OWNER/AGENT: Owner: Agent: FLO TV, Inc. James J. Porter, Esq./Kimberly J. Madison, Esq. 5775 Morehouse Drive Ruden, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider the following three after -the- fact Variances of Land Development Code (LDC) subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, for the guy lines and anchors of communications towers in excess of 75 feet in the Estates (E) Zoning District: 1. A Variance of 55.7 feet from the 75 -foot front yard setback requirement permit a 19.3 - foot setback; 2. A Variance of 22.3 feet from the 30 -foot eastern side yard setback requirement to permit 7.7 -foot setback; and 3. A Variance of 22.6 feet from the 30 -foot western side yard setback requirement to permit a 7.4 -foot setback. GEOGRAPHIC LOCATION: The 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida (see location map on the following page). VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page ! of 6 / -17 d0 / ¥ |61' - - � , � �§ §�| % |� §f , |,!•(/ � � , ^ ®� � . (§ LLI ?� - ! -\ LU r Li — 7 U \ \ \\ y.../ ! \ ..... _ _, \ _ Lu § \ � z LL o[ - -- . � ! / -17 � « � O 2 2 O N � « � 2 O e « U O � | | |61' � � �§ §�| % |� |,!•(/ � � , [� � � . (§ Li � « � O 2 2 O N � « � 2 O e « U O � | | r >3 m CO Q 8 oil �I 1 p 9 i1 5 b & ebb 1 B'B ,Eg " 'wig, Sss� 3 F e Y� all � H g G e� � � n t wig 41 y t Lag M E 8k B 1 Nil ,x§ 01111 1 a .1 1101$1 B I gg �ZD gg � �H y e AA3'4 R 1 p a 8 I gg �ZD gg � h� 3 I °I gi s li 'e n t I Ig �q tl I �I �i I I I I� I 11110 1 Ill ig Y� Ogg a� Ia I� 3 I °I gi s li 'e n t I Ig �q tl I �I �i I I I I� I 11110 1 Ill ig Y� Ogg PURPOSE/DESCRIPTION OF PROJECT: As noted in the companion application, the applicant is seeking to legitimize the continued existence of two guyed communications towers on the subject property. According to LDC 5.05.09.G.17, however, ground - mounted guyed towers in excess of 75 feet in height are required to provide the minimum yard requirements of the base zoning district between each guy anchor and all property lines. Since the subject towers exceed 75 feet in height and the subject property is in the E Zoning District, the required front and side yard setbacks for the guy anchors are 75 feet and 30 feet, respectively. (All of the towers' rear guy anchors are a sufficient distance from the rear property boundary and, therefore, unaffected by its required 75 -foot setback). As shown on the Conceptual Site Plan on the preceding page, entitled, "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009, the two communications towers and accessory equipment shelters are shown in a chain -link fence enclosure somewhat centrally located on the site. The communications towers are spaced 50 feet apart and supported by guy lines and anchors that are depicted adjacent to the southern, eastern and western boundaries of the site. As shown on the Conceptual Site Plan, two of these anchors are located within the 75 -foot front setback yard, two are within the western side setback yard, and three are within the eastern side setback yard. Because these guy lines and anchors were specifically installed in these locations to maximize their strength and the structural soundness of the towers, according to the applicant, their subsequent relocation could jeopardize the towers' integrity. Therefore, the following three after - the -fact Variances are being requested: • 55.7 feet from the 75 -foot front yard setback requirement, to permit a 19.3 -foot setback; • 22.3 feet from the 30 -foot eastern side yard setback requirement, to permit a 7.7 -foot setback; and • 22.6 feet from the 30 -foot western side yard setback requirement, to permit a 7.4 -foot setback. Although there are seven guy line anchor encroachments affecting three different setback yards, staff normally requests Variances for only the ones that encroach the most into each of the setback yards. (For example, if a setback of 7.7 feet is ultimately approved in the eastern setback yard then, as depicted in the Master Plan, the offending 8.4 -foot and 13.7 -foot guy anchors in this yard would automatically be rendered lawful since they encroach even less than 7.7 feet.) While it is true that this would ultimately grant the applicant the right to relocate the other guy lines closer to the property boundary, the applicant's justification for the after - the -fact Variances in the first place was because the anchors could not be moved without jeopardizing the integrity of the towers. Nevertheless, staff is amenable to stipulating the precise setback of each guy line anchor, as noted in the conditions of approval. SURROUNDING LAND USE & ZONING: North: Undeveloped land, zoned Falling Waters PUD East: Undeveloped land, zoned Falling Waters PUD South: Crews Road, then vacant land, zoned E West: Undeveloped land, zoned Falling Waters PUD VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page 2 of 6 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban-Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the designation permits non - residential uses, including utility and communication facilities. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. As previously noted, the subject Variances are sought to allow a reduction of the 75- foot front yard setback requirement and 30 -foot side yard setback requirement for the guy anchors of two existing communications towers. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis. Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the Future Land Use Element. ANALYSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As shown in the aerial photograph in the companion Conditional Use, development on the subject property is primarily confined to a centralized location occupying just 21 percent of the site. This area is then surrounded by dense natural vegetation which occupies the remaining 79 percent of the property. The requested Variances from the required front and side yard setbacks are for guy lines and their anchors only, which have a negligible impact compared to other types of development. Furthermore, the site is mostly surrounded by undeveloped land, especially along the boundaries in which the Variances are being requested. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the Variance request? The current property owner, Renda Broadcasting, was the property owner at the time that the new tower was erected and the old one was left standing. However, the conditions on the site are pre- existing for the applicant, who leases space on the towers from the owner. In addition, a single communications tower has been in operation on the subject property for VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page 3 of nearly 30 years, and two have been in existence since 1999. Neither of the towers has had any complaints registered with the County. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. In their application, the applicants contend that adherence to the required setbacks would require the removal and relocation of the guy lines and anchors, which would jeopardize the structural integrity of the towers the support. Therefore, the enforcement of the required setbacks would create practical difficulties for the applicant. However, according to the LDC, the towers' bases, guy anchors, outdoor equipment and accessory structures need to be fenced. As everything on the site except the guy line anchors is presently fenced, staff has included a condition of approval requiring that they also be enclosed. d. Will the Variances, if granted, be the minimum Variances that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Variances requested would be the minimum to make possible the reasonable use of the existing communications towers. Since relocation of these towers' guy lines and anchors could jeopardize public safety, and because existing vegetation on the site and the surrounding areas would adequately screen the guy lines and anchors located in the reduced setback yards, it is staffs opinion that the standards of health safety and welfare would be promoted if the Variances were approved. However, if the Variances were not approved, the petitioner would still have reasonable use of the land. e. Will granting the Variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, as noted in the Conditional Use application, the communications tower would be located on an essential service site utilized by the FBI. Therefore, the general public, and not only the applicant, would benefit. f. Will granting the Variances be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variances would merely legitimize the existence of two communications towers that have been operating on the site without complaint for at least a decade. If the requested Variances are granted, the reduced front and side setback yards would not be detrimental to the neighborhood or the public's welfare due to the fact that the site itself and the surrounding properties are heavily wooded. Furthermore, the communications towers would meet all of the other requirements of LDC 5.05.09.G, Development Standards for Communications Towers. Finally, if approved, the project would further LDC 5.05.09, Communications Towers, subsection A which, among other VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page 4 of 6 objectives, encourages "the shared use of specified tower sites to minimize the need for additional tower sites." g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, as previously noted, only 21 percent of the site is developed, so the preponderance of the 4.77 -acre site would remain as natural open space. Furthermore, the site is generally surrounded by undeveloped land, particularly along the boundaries affected by the requested Variances. Therefore, the visual aspect of the guy lines and anchors would be screened by vegetation and their negligible impact well mitigated. h. Will granting the Variances be consistent with the Growth Management Plan (GMP)? Approval of this Variance petition would not affect or change the requirements of the Growth Management Plan. As previously noted, communications towers are an authorized use in the Urban-Mixed Use District, Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on July 30, 2009. RECOMMENDATION: Staff recommends that the CCPC forward petition VA -PL- 2009 -037 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following condition: 1. The Variances granted shall be strictly limited to the front and side yard encroachments of the guy lines and their support anchors, as depicted in the applicant's submitted survey, dated September 18, 2008, included as Exhibit A. 2. All of the guy line anchors on the site shall be enclosed by a fence. VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page 5 of 6 PREPARED BY: JO AVID MOSS, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ,-a.A-, `rsh-1A USAN MURRAY- ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J PH K. SCHMITT, ADMINISTRATOR MUNITY DEVELOPMENT & IRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN U DATE 9 - ; - oT DATE J / _ D A T`E DATE � DATE Tentatively scheduled for the December 1, 2009 Board of Zoning Appeals Meeting. VA- 2009 -PL -09 -037, FLO TV September 24, 2009 Page 6 of 6 AGENDA ITEM 10 -A Co*ev County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: JANUARY 7, 2010 SUBJECT: PETITION VA- PL2009 -037, FLO TV INCORPORATED (COMPANION ITEM CU- 2008 -AR- 14085) PROPERTY OWNER/AGENT• Owner: Agent: FLO TV, Inc. James J. Porter, Esq. /Kimberly J. Madison, Esq. 5775 Morehouse Drive Ruden, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REQUESTED ACTION• To have the Collier County Planning Commission (CCPC) consider the following three after -the- fact Variances of Land Development Code (LDC) subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, for the guy lines and anchors of communications towers in excess of 75 feet in the Estates (E) Zoning District: I. A Variance of 55.7 feet from the 75 -foot front yard setback requirement to permit a 19.3 - foot setback; 2. A Variance of 22.3 feet from the 30 -foot eastern side yard setback requirement to permit a 7.7 -foot setback; and 3. A Variance of 22.6 feet from the 30 -foot western side yard setback requirement to permit a 7.4 -foot setback. PURPOSE/DESCRIPTION OF PROJECT: This item's companion Conditional Use petition was heard by the CCPC at their October 15, 2009 public hearing. However, due to issues raised by CCPC members necessitating further research, the applicant requested a continuance of the hearing, which was ultimately rescheduled VA- PL2009 -037 12117109 for January 7, 2010. As such, the previously submitted Variance staff report is being attached to this supplement. RECOMMENDATION: Zoning and Land Development Review staff recommends that the CCPC forward Petition VA- PL2009 -037 to the Board of Zoning Appeals (BZA) with a recommendation of approval, as noted in the attached Staff Report. PREPARED BY: ry JO -DAVID MOSS, AICP, PRINCIPAL PLANNER 16 ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOft V. BELLOWS, ZONING MANAGER IbATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 'dA�� ]n - /'� f Lq / /)! 2,- SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: zl��— 4;�z4e2n� J,6XEPH K. SCFMITT, ADMINISTRATOR DATE MMUNITY DEVELOPMENT AND ENVIRONMENTAL ERVICES DIVISION Tentatively scheduled for the February 23, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN 2 VA- PL2009 -037 12/17/09 DATE AGENDA ITEM 10 -B Co*er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: OCTOBER 15, 2009 SUBJECT: PETITION CU- 2008 -AR- 14085, FLO TV INCORPORATED (COMPANION TO VARIANCE PETITION VA -PL- 2009 -037) PROPERTY OWNER/AGENT: Owner: Agent: FLO TV, Inc. James J. Porter, Esq./Kimberly J. Madison, Esq. 5775 Morehouse Drive Ruden, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REOUESTED ACTION• To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use Number 3 for communications towers and related mechanical equipment shelter in the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION• The approximately 4.77 -acre subject property is located at 5860 Crews Road, which is south of Davis Boulevard and east of County Barn Road, in Section 8, Township 50 South, Range 26 East, of Collier County, Florida (see the location map on the following page). PURPOSE/DESCRIPTION OF PROJECT: On May 25, 1993, Resolution No. 93 -219 (see Appendix 1) was approved for a Conditional Use on the subject property to allow the replacement of an existing 438 -foot guyed communications tower and its associated mechanical equipment structures with a 430 -foot guyed communications tower and a 2,400 square -foot building. Six years later, due to a federally mandated frequency and power change that could not be accommodated on the site's tower and antenna, the owner of CU- 2008 -AR -14085 September 24, 2009 Page t of I ��b i I„ I� W I a� LL S C W a� W O a r Q M LL OC 0 LL i Dc yy ss i gpypp yg 55EE gg q w.ppimBe v3mm gg Z �U Z W2 J gp y Q fix AN g g :e£ a a.on xx.e uxnoo `a"F �'c B p 3 R1 "ss ash o e� g v xoafoxinn �g s= n� a "' i a CQ G Z Z N aC G O Q k wig G4 ow[ La z - -,, L o w a , r F Q Iw I_ mo <6 I W L— I" °a— sl I„ I� W I a� LL S C W a� W O a r Q M LL OC 0 LL i Dc yy ss i gpypp yg 55EE gg q w.ppimBe v3mm gg Z �U Z W2 J gp y Q fix AN g g :e£ a a.on xx.e uxnoo `a"F �'c B p 3 R1 "ss ash o e� g v xoafoxinn �g s= n� a "' i a CQ G Z Z N aC G O Q k . ( § I , & ml - � I i~ I i I i I ' I � ~ I - - , , � | || ƒ ) M11,21 m j co C', \ \ §' )} 2 ƒ §|| K |R [! )L# | | . ( § I , & ml - � I i~ I i I i I ' I � ~ I - - , , � § ( , I| ; I � � 4 [! §9 |` ! � \[ |\!( | || |R [! )L# | | HIE (/© .J■ |§ | | | |,! 4 ) | ) §)A § ( , I| ; I � � 4 [! §9 |` ! � \[ |\!( the property, Renda Broadcasting, amended the SDP to allow for another replacement communications tower with a much stronger 394 -foot tower. However, instead of removing the tower and erecting a new one, as per the approved SDP, the new tower was simply erected approximately 50 feet away from the existing tower, thereby expanding the use on the site. Not only was this additional tower in violation of the approved SDP, it also contravened Resolution No. 93 -219, which permitted only one communications tower, and further stipulated that any "expansion of the uses... or major changes to the site plan submitted... require the submittal of a new conditional use application..." It was not until the applicants, who lease tower space from the owners, attempted to permit an antenna on what was supposed to be a dismantled tower that the County became aware of this violation. In order to redress the infraction and comply with the terms of the approved resolution, the applicant has submitted the subject Conditional Use application, which if approved, would legitimize the existence of the additional communications tower and allow for the expansion of the use on the site. As shown on the Conceptual Site Plan on the preceding page, entitled, "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009, the unmanned facility is somewhat centrally located on the site, allowing the E Zoning District's required 75 -foot front and rear yard setbacks and 30 -foot side yard setbacks to be well exceeded. The two existing communications towers and their accessory equipment shelters are shown enclosed within a chain -link fence. The towers are spaced 50 feet apart and linked by elevated walkways labeled as "coax bridges." The walkways connect the towers to a newly proposed 224 Aerial View square -foot equipment shelter, which would house a generator and transformer, and would be mounted by two new dish antennae and a GPS antenna. Two existing parking spaces for the facility are also shown within the facility's gates, accessible via a private drive from Crews Road. A dead -end, dirt spur road provides access for maintenance vehicles to the tower- CU- 2008 -AR -14085 Page 2 of September 24, 2009 supporting guy lines and anchors adjacent to the eastern boundary of the site (these guy lines and anchors, as well as others on the western boundary of the property, are the subject of the companion Variance application). Along the northern boundary of the site, a 20,786 square -foot conservation easement is proposed. Because the site is heavily wooded, as shown in the aerial photograph on the preceding page, the existing vegetation would serve to satisfy the project's perimeter buffer requirements. Because of the limited nature of the proposed change, 79.3 percent of the site would remain as open space. SURROUNDING LAND USE & ZONING: North: Vacant land, zoned Falling Waters PUD East: Vacant land, zoned Falling Waters PUD South: Crews Road, then vacant land, zoned E West: Vacant land, zoned Falling Waters PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY The subject property is designated Urban-Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the designation permits non - residential uses, including utility and communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis. Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the Future Land Use Element, CU- 2008 -AR -14085 September 24, 2009 Page 3 of 8 ANALYSIS: A Conditional Use is defined in the LDC as, "A use that due to special circumstances is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood." Per LDC Section 10.07.02.D, before any Conditional Use can be recommended for approval to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use have been met by the petitioner; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As noted above, the existing communications towers are consistent with the provisions of the Urban Residential Subdistrict of the GMP. The LDC also permits communications towers as a Conditional Use in the E Zoning District provided that they are owned by or leased to an essential service, which is also the primary user. Pursuant to LDC subsection 5.05.09.G.3, "essential services" are governmental uses that include, but are not limited to, safety service facilities, such as fire stations, sheriff's substations or facilities; emergency medical service facilities; or any other similar use where a communications tower could be considered a logically associated use. It should be noted that while there is no definition in the LDC, staff has historically construed a "primary user" to be any approved governmental entity which must remain on the tower for as long as the tower exists. Therefore, while other commercial users' are free to use the tower and then relocate their antennae to other towers as needed, the governmental entity is obligated to remain. As noted in the applicant's narrative statement (Exhibit D to the application), the new tower would meet this provision as the primary user would be the Federal Bureau of Investigation (FBI), an agency of the US Department of Justice. Since Resolution No. 93 -219 was approved for a Conditional Use to allow the replacement of a tower that was never actually removed, staff determined on April 3, 2008 via a zoning verification letter (ZLTR 2007 -AR- 12825) that the old tower was an illegal use. As such, the purpose of the subject Conditional Use is to seek approval of the expansion of the use, pursuant to Resolution No. 93 -219, and legitimize the old tower's existence alongside the newer tower. Both the GMP and LDC subsection 5.05.09.G.9 encourage the placement of more than one tower on a site, provided that all setbacks, design and landscape requirements are met and the structures are only located as close to each other as technically feasible so that the failure of one tower would not cause the failure of (or present an unacceptable risk to) any other tower on the site. Although staff would normally insist that this tower comply with the aforementioned E zoning district's provision to have an essential service as the primary user, in this instance, staff would consider the subject property to be an essential service site since the other tower would already have a governmental entity as its primary user. CU- 2008 -AR -14085 September 24, 2009 Page 4 oj8 The LDC permits essential services towers to be up to any height as required for the particular use at its specific location. According to the applicant, the height of the towers proposed would be approximately 450 feet, which measurement includes the tower and the pole - mounted antennae at the top. (It should be noted that Resolution No. 93 -219 did not have any height restriction for the tower on the site.) However, because the towers are in excess of 150 feet, the project was required to be reviewed by the Collier Mosquito Control District, who determined that the towers would need to maintain either solid red beacon or dual mode lights, pursuant to Federal Aviation Administration (FAA) standards and as required by LDC 5.05.09.G.13. As an essential service, the towers would also be exempt from the collapse zone requirements for towers over 185 feet (which is 2.5 times the tower's height from any adjoining 01 Z residential zoning districts). r Therefore, with the '' p Z� conditions of approval recommended by staff and .t s the Board of Zoning Appeals' (BZA) approval of companion item VA -PL -i 2009 -037, the facility would be consistent with �, ` all of the applicable provisions of the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Transportation Planning staff has reviewed the application and has determined that no transportation issues are associated with the project. As previously noted, the facility is unmanned, and the site is only occasionally visited by a service crew member to perform routine maintenance. The facility is accessible to these vehicles via Crews Road, and two on- site parking spaces have been provided on the site, as required pursuant to LDC subsection 5.05.09.G.11. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously noted, the two communications towers and accessory structures are surrounded by vacant and wooded E -zoned properties. As the subject property is similarly vegetated, existing flora on the site would serve as a buffer between the facility and adjacent properties, as permitted by LDC subsection 5.05.09.G.21. Presently no offending noise or glare is generated by the facility. Although if the surrounding properties were to eventually develop, CU- 2008 -AR -14085 September 24, 2009 Page 5 of 8 these buffers, combined with the site's enhanced setback yards, would effectively mitigate potential impacts. 4. Compatibility with adjacent properties and other property in the district. As noted in the application, the site has been the location of a single communications tower and its mechanical equipment shelters for nearly 30 years (for which Resolution No. 93 -219 authorized replacement); and the two existing towers have been in continuous operation on the site since 1999. During this time, there have been no recorded complaints from adjacent property owners. Moreover the facility is separated from the closest single - family home by a distance of over 300 feet, and further buffered by 75 feet of vegetation. Due to this plant material, the facility's somewhat isolated location on the site, and the limited nature of the proposal (to legitimize an existing tower and add a 224 square -foot equipment shelter) any impacts on the surrounding neighbors would be minimized. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because the site is less than ten acres and is not in a Special Treatment (ST) area or an Area of Critical State Concern (ACSC). (Provided by Cheri Rollins, Administrative Assistant) The applicant duly noticed and held the required NIM at the Fairfield Inn by Marriott on April 15, 2008 at 5:30 p.m. No one from the community attended, and the meeting was officially ended at 5:45 p.m. One letter of objection to the construction of a new tower (which the application does not propose) was received from the community. However, staff later received a call from this property owner, who asked that the letter be rescinded once he understood the application was to legitimize the two existing towers. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on September 30, 2009. RECOMMENDATION: Staff recommends that the CCPC forward Petition CU- 2008 -AR -14085 to the BZA with a recommendation of approval, subject to the following conditions: The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. CU- 2008 -AR -14085 September 24, 2009 Page 6 of 8 2. The southernmost tower shall be owned by or ]eased to a governmental entity as the primary user of the tower and shall be for this entity's government- related purposes. 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Development on the site shall be restricted to 3,359 square feet of impervious area. 5. Maximum height of the towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 6. All guy line anchors on the site shall be fenced. ATTACHMENTS: Appendix 1: Resolution No. 93 -219 CU- 2008 -AR -14085 September 24, 2009 Page 7 of 8 PREPARED BY- (-,) ;L -b-, 12, V JOHN- ID MOSS, ICP, PRINCIPAL PLANNER bjkTE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYNMNITV. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ///0 9� USAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW QED BY: "fia K. SCH IT , ADMINISTRATOR DATE NITY DEVELOPMENT AND NMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the December 1, 2009 Board of Zoning Appeals Meeting. CU- 2008 -AR -14085 September 24, 2009 Page 8 of 8 AGENDA ITEM 10 -B Co er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL, SERVICES DIVISION HEARING: JANUARY 7, 2010 SUBJECT: PETITION CU- 2008 -AR- 14085, FLO TV INCORPORATED (COMPANION ITEM VA -PL- 2009 -037) PROPERTY OWNER/AGENT: Owner: FLO TV, Inc. 5775 Morehouse Drive San Diego, CA 92121 REQUESTED ACTION: Agent: James J. Porter, Esq./Kimberly J. Madison, Esq. Ruden, McClosky, Smith, Schuster and Russell, P.A 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use Number 3 of the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC), for a communications tower and related mechanical equipment shelters. PURPOSE/DESCRIPTION OF PROJECT: This item and its companion Variance petition were heard by the CCPC at their October 15, 2009 public hearing. However, due to issues raised by CCPC members necessitating further research, the applicant requested a continuance of the hearing, which was ultimately rescheduled for January 7, 2010. The specific questions raised by the CCPC are listed below, with staff's responses highlighted in bold font: CU- 2008 -AR -14085 12117109 1. Was a certificate of occupancy ever issued for the new tower and, if so, why wasn't the old tower dismantled as required by the approving Conditional Use Resolution (No. 93- 219)? The new tower was properly inspected and did receive the required certificate of occupancy prior to becoming operational. However, because the Building Department inspectors do not refer to the approved resolution to verify that the conditions of approval attached to them, if any, have been fulfilled, they did not know of the condition of approval attached to Resolution No. 93 -219 that required the old tower to be dismantled. Nevertheless, ensuring compliance with such conditions of approval is normally under the purview of Zoning and Land Development Review staff, and occurs at the time of site development plan (SDP) review and approval. However, in this instance, the applicant needed to maintain the old tower on the site until after the new tower was erected so that the existing antennae could be transferred from the old tower to the new one without an interruption in service. Because of this unique circumstance, Zoning and Land Development Review staff should have required a note on the SDP stating that the old tower had to be removed after the transfer took place, so that it might have been clear to the building inspector that it needed to be dismantled. However, it should be noted that the approved SDP did not depict the old tower —only its concrete pad — and referred to the new tower as the "replacement tower." The application submitted with that SDP was also unambiguous about the applicants' intent to dismantle the old tower, stating "This SDP amendment is only to replace the existing communications tower structure" and "all the antennas on the existing tower [will be] moved to the new tower... and the existing tower removed. " 2. LDC Section 5.05.09. G.3 allows standalone communications towers with Conditional Use approval, provided the tower is owned by, or leased to, an essential service that is the primary user. What is the difference between an essential service "tower" versus an essential service "antenna "? CU- 2008 -AR -14085 12/17/09 Pa The LDC defines a tower as "a structure whose primary purpose is to raise the height of an antenna." No definition is provided for an antenna or for the "primary user." Nevertheless, staff has historically defined a primary user as a governmental entity whose antenna must remain on the tower for as long as the tower exists; so while other commercial users are free to use a particular tower and then relocate their antennae to other towers as needed, the governmental entity's antenna is obligated to remain. As such, it is staff's opinion that any tower with an essential service's antenna(e) mounted on it is an essential service tower. 3. Can the essential service user be a leasee? If so, what happens to the other antennae on the tower if the essential service user decides not renew their lease? Does the tower have to come down? 4. What is the required "collapse zone" for the tower? Normally, the required collapse zone for towers over 185 feet is 2.5 times the tower's height from any adjoining residential zoning districts. However, essential service towers are exempted from this requirement. Nevertheless, the applicant has provided staff with a certified letter from a Florida - licensed engineer (Appendix 2) testifying that, in his opinion, due to the design of the guy lines on the subject towers, "it is virtually impossible for the tower[s] to fall in a straight line the way a tree might." Rather, if a tower were to collapse, it would "fall in upon itself in an accordion -type fashion, with the debris contained within the anchor radius of the guy cables." 5. Are lights required for the subject towers since they are in excess of 150 feet? CU- 2008 -AR -14085 12/17/09 3 Yes. The project was reviewed and approved by the Collier Mosquito Control District, who determined that only one of the towers needed to maintain either a solid red beacon or a dual mode light since the towers are a mere 50 feet apart. However, as noted in the letter from the agency provided to the applicant (see Appendix 3), this exemption is strictly limited to the subject site only and would not automatically apply to other sites in the County. Mosquito Control also informed staff that, due to the towers' heights, the Federal Aviation Administration (FAA) might still require both towers to maintain lights. As such, a condition of approval has been incorporated into the attached resolution requiring that both towers be equipped with lights unless a waiver of this requirement is granted by the FAA. 6. Are communications towers routinely inspected by the County? According to LDC 5.05.09.G.14, guyed towers exceeding 185 feet are to be inspected every two years by an engineer or other qualified professional, and any recommended repairs are to be made without delay. The report of this inspection is required to be filed with the County Manager no later than December 1 of the applicable inspection year, and if such report recommends repairs, a letter verifying that the repairs have been made is also required to be submitted to the County Manager following to their completion. To ensure that this requirement is fulfilled, staff is mailing notification letters to each of the affected tower owners informing them of this biannual requirement. The reports subsequently submitted by these owners will then be reviewed by County Engineering staff and maintained on file with the repair reports, if any. Staff will be following up with the CCPC on this new protocol after the New Year in order to apprise them of its status. 7. What happened to communications tower on Tower Road? Why did it collapse? This tower collapsed under usual circumstances in that its failure was not caused by a hurricane, tornado or other violent wind, but rather by a propane fire that was ignited while the tower was being welded. The heat from the gas - fuelled fire actually melted the steel lattice, provoking its collapse. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on December 10, 2009. RECOMMENDATION: Zoning and Land Development Review staff recommends that the CCPC forward Petition CU- 2008 -AR -14085 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following stipulations: CU- 2008 -AR -14085 12/17/09 4 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Development on the site shall be restricted to 3,359 square feet of impervious area. 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Both towers on the site shall be equipped with either solid red beacon or dual mode lights unless a waiver of this requirement is granted by the Federal Aviation Administration (FAA). 5. All guy line anchors shall be fenced pursuant to LDC 5.05.09.G.12. 6. One tower on the site shall be owned by or leased to a governmental entity for government- related, essential service purposes. Should this entity remove its antenna(e) from the tower, the property owner shall immediately notify the County and replace the antenna(e) with another essential service user within sixty days. CU- 2008 -AR -14085 12/17/09 E PREPARED BY: JO -DAVID MOSS, AICP, PRINCIPAL PLANNER ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: Z�?" U • /L Z1 8 RAYMOyb V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DAT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: 2 / JO H K. SCHMITT, ADMINISTRATOR DATE C MUNITY DEVELOPMENT AND ENVIRONMENTAL VICES DIVISION Tentatively scheduled for the February 23, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN CU- 2008 -AR -14085 12/17/09 rol DATE FLO TV, Incorporated 5860 Crews Road, Naples, FL Application No. CU- 2008 -AR- 14085 and VA- PL2009 -37 Collier County Planning Commission January 7, 2010 Administration Building F, 3rd Floor Naples, FL Conditional Use Petition — Application No. CU- 2008 -AR -14085 and Variance Petition — Application No. VA -PL- 2009 -037 Applicant: FLO TV, Incorporated EXHIBIT LIST Item No. Description 1. Application for Conditional Use Petition 2. Application for Variance Petition 3. Site Plan 4. Property Survey 5. Aerial Photographs 6. Staff Report for Conditional Use Petition a. January 7, 2010 b. October 15, 2009 7. Staff Report for Variance Petition a. January 7, 2010 b. October 15, 2009 8. Expert Resume(s) a. Dave Hallowell, P.E. b. David Kuhn, P.E. c. Brian Grant 9. Photographs 10. Allied (Old) Tower Inspection Report 11. Site Distance Map 12. Collapse Zone Analysis 13. Collier Mosquito Control Response 14. Collier County Land Development Code provisions: a. Section 5.05.09 (G)(1) b. Section 5.05.09 (G)(3) c. Section 5.05.09 (G)(7) d. Section 5.05.09 (G)(9) e. Section 5.05.09 (G)(13) oi�Roden McClosl<y March 2. 2009 VIA FEDERAL EXPRESS Jolin -David Moss Zoning & Land Development Review Community- Development & Environmental Services 2800 N. Horseshoe Drive Naples. FL 34104 401 EAST JACKSON STREET SUITE 2700 TAMPA. FLORIDA 33602 (613) 314 -67C9 FAX (813) 314 -6809 KIMBERLY.MADISON@RUDEN COM Re: Application for Conditional Use — CU- 2208 -AR -14085 Applicant: MediaFLO USA, Inc., a Delaware Corporation (the "Applicant ") 5860 Crews Road (Existing Address) % 5864 Crews Road (Proposed Address) Our File No. 60479 -0001 Dear John - David: Thank you very much for your assistance regarding the Application referenced above. In resolution of Staff comments following initial review of this Application, the Applicant provides the following supplemental information for your review: 1. Twenty (20) cover letters from Roden McClosky and Black & Veatch Engineering respectively, identifying revisions to the Application and Conceptual Site Plan; 2. Twenty (20) copies of the revised Application for Conditional Use; 3. Twenty (20) Conceptual Site Plans (24" x 36 "), plus one (1) 8 %2 x 11 copy; and, 4. One (1) CDROM containing an electronic copy of all documents and plans. The Applicant identifies the following revisions and,'or supplemental information to the Application and Conceptual Site Plan ( "Site Plan ") in accordance with the Staff comments enumerated below: 1. Verifv Propertv's zonin¢ desivation and FLUE designation. a. Staff Comment #1: On application, zoning to north and west is "PUD" only. Applicant's Response: Zoning to the north and west of the Property has been revised to "PUD" on the Application. TP.A o8 i 805 ? RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. _ +. P 0 rw. .I. 1i RD iJ NUNI - ♦APLFS -OR L�\ DO • FCRT S. LLCIE SARASOT • ar PETER£3.PC + .11?5.& n.+ Lac h p dE,EC.a John -David floss .March 2. 2009 Page 2 b. Staff Comment #2: On same page. please list what the land uses are adjacent to property, e.g... residential. vacant, etc. Applicant's Response: The Property is adjacent to vacant. non - agricultural acreage to the north. south, east and west. This information has been added to the Application. 2. Review Site Plan, LDC 10.08.00.B. a. Staff Comment #1: Landscape buffers have not been shown on the plan. Applicant's Response: Landscape buffers have been added to the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch, attached. 3. Revieki' plans for additional requirements for specific conditional uses, where applicable. LDC10.08.00.B. a. Staff Comment #1: What is the distance between the existing and proposed (2 "d) tower? Please state on plans. Applicant's Response: The distance between the two towers is stated on the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch, attached. b. Staff Comment #2: Please explain how the proximity of the tower to the existing tower will not present an unacceptable risk or case the tower to fail (see LDC 5.05.09.G.9). Applicant's Response: Please refer to Cover Letter from David Kuhn of Black & Veatch, attached. c. Staff Comment #3: Please show all setbacks on the plans for the existing and proposed improvements. Applicant's Response: All setbacks are now shown on the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch, attached. d. Staff Comment 94: An existing "dirt access road" is shown on the plan. Access to the site is only permissible via Crews. Please clarify this on plans. Applicant's Response: This information has been added to the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch. attached. e. Staff Comment #5: Please depict location of the 2 required parking spaces (which may be pervious). -9PA.69',K 1 RUDEN, McCLOSKI', SMITH, SCHUSTER & RUSSELL, P.A. S)C:. R C:9'.; . •'FT >,.CER �11n'.I . \RGEEC . CRS> \CG • PORT ST LCr • 5>R>SCTS . ST. PETER55LRC • TSILlH >;,EE . '_.,Pa • E'+E . .. BEAC . John -Day id Moss March 2. 2009 Page 3 Applicant's Response: The 2 required parking spaces are now shown on the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch, attached. f. Staff Comment #6: Please show location of required fence around the tower bases, guy anchors. equipment and buildings. Applicant's Response: All required fencing is now shown on the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch. attached. g. Staff Comment #7: Please state on plans that towers have had red beacon or dual mode lights for the Mosquito Control District airplanes and/or strobe lights, as required by the FAA for airplane traffic. Applicant's Response: This information has been added to the Site Plan. Please refer to revised Site Plan and Cover Letter from David Kuhn of Black & Veatch, attached. 4. Additional Staff Comments: a. Staff Comment #1: The address for the existing tower is 5860 Crews Road. This tower will have a different address. Applicant's Response: Peggy Jarrell of Collier County's Addressing Department has assigned a new address of 5864 Crews Road to the tower that is the subject of Applicant's Conditional Use Request. The proposed address and the existing address have been added to the Application. If you have any questions regarding the information contained herein, please do not hesitate to contact me at (813) 314 -6709. KJM /kcw Enclosures cc: Thomas Voltero (w /o enclosures) TPA 68 T 606 1 Sincerely, Kimberly J. Madison RUDEN, MCCLOSKY SMITH, SCHUSTER & RUSSELL, P.A. 1,DFPDA'., 11I A,%! •'APEfS • 09.,Ad0 • PORT IT l- C.c •'ARA•.O'A - ST PETE 9'9lRC ..l -Hau9c •'4N °A • NEB ,,1 :; =.C1 BLACK & VEATCH building a , , ; of differerce° ENERGY WATER INFORMATION GOVERNMENT February 23, 2009 John -David Moss Zoning & Land Development Review Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Application for Conditional Use — CU- 2208 -AR -14085 5864 Crews Road, Naples, Florida (the 'Property") MedfaFLO USA, Inc. (the "Applicant ") Dear Mr. Moss: Thank you very much for your assistance regarding the Application referenced above. The Applicant provides the following responses in light of comments received from Staff: 1. Verify Property's zoning designation and FLUE designation. 1. Zoning to the north and west of the Property is 'PUD." This has been corrected on the Application. 2. The Property is adjacent to vacant, non - agricultural acreage to the north, south, east and west. 2. Review Site plan, LDC 10.08.00.13 1. See existing Site Vegetation Plan on Sheet A -0.1. 3. Review plans for additional requirements for specific conditional uses, where applicable. LDC10.08.00.B 1. Distance between the two towers is now indicated on the Overall Site Plan on Sheet A -0. 2. In accordance with the statement from the engineer that performed the structural analysis for this site, "The proximity of the towers do not present any cause for the tower not to meet the TIA standard for acceptable structural requirements. The two towers are independent structures not connected at any elevation. Both towers were independently designed and constructed with their own set of guying hardware, tower geometry, and foundations." 3. Setbacks have been added to the plans. 4. The "dirt access road" is on the drawings indicating that access to the guy anchors is available. The only access to the site is from Crews Road. We have clarified this on the Overall Site Plan on Sheet A -0. 5. The two parking spaces have been added to the Overall Site Plan on Sheet A -0. 6. Fencing is indicated and called out on the Overall Site Plan on Sheet A -0, and the Site Plan on Sheet A -1. 7, A Note has been added to the Exterior Elevations on Sheet A -4.1, stating that the towers are presently lit and shall remain lighted in accordance with the requirements for the Mosquito Control District airplanes and FAA airplane traffic for this site. If you have any questions regarding the information contained herein, please do not hesitate to contact me at 913 - 458 -7036. Best regards r, David H. Kuhn, P E. Project Engineer Black & Veatch Corporation 11401 Lamar Avenue Overland Park, KS 66211 USA Telephone: 913.458.2000 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 FAX (239) 643 -6968 'C k, PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF NAME OF APPLICANT(S) MEDIAFLO USA, INC., A DELAWARE CORPORATION ADDRESS 5775 MOREHOUSE DRIVE CITY SAN DIEGO STATE CA ZIP 92121 TELEPHONE # (858) 651 -3244 CELL # FAX # E-MAIL NAME OF AGENT JAMES J. PORTER, ESQ . FIRM RUDEN MCCLOSKY ADDRESS 401 E. JACKSON ST., SUITE 2700 CITY TAMPA STATE FL ZIP 33602 TELEPHONE # (813) 222 -6620 CELL # FAX # (813) 314 -6920 E -MAIL ADDRESS JIM.PORTER @RUDEN.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLI CATION FOR PUBLIC HEARINC FOR CONDITIONAL USE- 4114103, rev 512012005, rev 2171108, rev 7114.08 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at hno:// www. colliergov.netnndex.asox ?oaae =na Please see Exhibit "A ", attached. 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 MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DI9CLOSUt4E OF INTEHirSTiNFdRmA . ON. 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 Not applicable. Percentage of Ownership b. if the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. APPLI CATION FOR PUBLIC HEARING FOR COND177ONAL USE- 4/14/03, rev 5 12012005, rev 2 172108, rev. 7114.08 Application for Conditional Use 5860 Crews Road, Naples, Florida (Existing Address) 5864 Crews Road, Naples, Florida (Proposed Address) Applicant: MediaFLO USA, Inc., a Delaware corporation Exhibit A List of Surrounding Registered Homeowners and Master Associations 1. Falling Waters Beach Resort, Phase II Mr. Thomas Powers, President 6660 Beach Resort Drive, #6 Naples, FL 34114 2. Falling Waters Condominium Owners Association I Mr. Tom Lee, President 2202 Hidden Lake Drive, #7 Naples, FL 34112 Falling Waters Homeowners Association II Mr. Tim Boyle, President 2274 Hidden Lake Drive, #9 Naples, FL 34112 4. Magnolia Cove of Falling Waters Mr. Raymond C. McCabe, President 2338 Magnolia Lane, #2 Naples, FL 34112 5. Cascades of Falling Waters Condo Association Mr. George W. Baker, President 1972 Cascades Drive, #1 Naples, FL 34112 6. Cascades at Falling Waters Mr. Robert Hinklin, President 2004 Cascades Drive, #1 Naples, FL 34112 7. Falling Waters Beach Resort Master Association Mr. Donald K. Bassett, President 6580 Beach Resort Drive, #3 Naples, FL 34112 TPA:642048:1 :4 11 Name and Address Percentage of Ownership See attached listing of officers for Renda Broadcasting Corporation, attached as Exhibit "B ". If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Not applicable. 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 Not applicable. Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONOITIONAL USE - 4114103, rev 512012005, rev 2172108, rev. 7174.08 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreign Profit Corporation RENDA BROADCASTING CORPORATION Filing Information Document Number P30305 FEI Number 251259502 Date Filed 07/26/1990 State PA Status ACTIVE Principal Address 10915 K -NINE DR BONITA SPRINGS FL 34135 Changed 07/0212007 Mailing Address 900 PARRISH ST 4TH FLOOR PITTSBURGH PA 15220 Changed 04/26/2000 Registered Agent Name & Address RENDA, ANTHONY F RENDA BROADCASTING CORP 10915 K -NINE DRIVE BONITA SPRINGS FL 34135 -6802 US Name Changed: 07/02/2007 Address Changed: 07/02/2007 Officer /Director Detail Name & Address Title DPT RENDA, ANTHONY EXFI v1ERRIMAN RD. 3EWICKLEY PA 15143 � p Page I of 3 Forms H http: // sunbiz. org / scripts /cordet.exe ?action= DETFIL— &— in number= P30305 &inq_ cam... 12/2/2008 www.sunbiz.org - Department of State Title DVS RENDA, CATHERINE R. MERRIMAN ROAD SEWICKLEY PA 15143 Title V SERENA, ALAN C 3111 CHESTNUT RIDGE DR PITTSBURGH PA 15205 Title DV KELLY, MARYANN 114 ALPINE CIR BELLE VERNON PA 15012 Title V REICH, JUDY 506 COVENTY TRAIL LANE MARYLAND HEIGHTS MO 63043 Annual Reports Report Year Filed Date 2006 07/17/2006 2007 07/02/2007 2008 02/28/2008 Document Images 04/21/1997 -= ANNUAL REPORT 05/01/1996.--ANNUAL REPORT; 05/01/1995 -- ANNUAL REPORT iiiWiFiQ Note: This is not official record. See documents if question or conflict. Page 2 of 3 http: / /sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_nurnber— P30305 &inq_cam... 12/2/2008 www.sunbiz.org - Department of State Previous on List Next on List Return To List No Events No Name History Home Contact us Document Searches E- Filing Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Page 3 of 3 http: / /sunbiz. orglscriptslcordet.exe? action = DETFIL &inq_doc_number= P30305 &inq_cam... 12/2/2008 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 Not applicable. Percentage 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 Not applicable. g. Date subject property acquired ® Owner acquired property on January 13, 1999. leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, Indicate the following: Date of option: Not applicable. Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. APPUCA7 /ON FOR PUBLIC HEARING FOR CONDITIONAL USE- 4174103, rev 5110 11005, rev 1171108, rev. 7174.08 Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 08/50/26 Lot. Block: Subdivision: Also known as Lot 20, Enchanted Acres Plat Book Page #: Property I.D. #: 00405160008 Metes & Bounds Description: SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. Acres 4.77 ac (207,781.20 s.f. m.o.l.) ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 5860 Crews Rd., Naples, FL (existing address), 5864 Crews Rd., Naples, FL (proposed address) Zoning Land use N PUD Non - agricultural acreage J vacant S E Non - agricultural acreage / vacant E PUD Non - agricultural acreage J vacant W PUD Non- agricultural acreage / vacant Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). Not applicable. Secti onlTownsh ip /Range Lot: Block: Subdivision: Not applicable. Plat Book Page #: Property I.D. #: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4114103, rev 512012005, rev 2112108, rev. 7114.08 LEGAL DESCRIPTION Property located in Collier, FL The West one -half (W 1/2) of the Northwest one - quarter (NW %4) of the Southeast one- quarter (SE 1/4) of the Southeast one - quarter (SE 1/4) of Section 8, Township 50 South, Range 26 East, Collier County Florida, also known as Tract No. 20, Enchanted Acres, less the South 30 feet for road right -of -way purposes. AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania corporation from Sterling Communication Corporation, a Florida corporation by Warranty Deed dated January 13, 1999 and recorded January 20, 1999 in Deed Book 2503, Page 1624. Tax Parcel No. 00405160008 G Metes & Bounds Description: CONDITIONAL USE REOUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the E zoning district for installation of broadcasting equipment and antenna to existing tower (type of use). Present Use of the Property: Existing communication tower. EVAL 071 N =CRITERIA Evaluation Criteria: Provide a narrative statement describing this request for conditional use. See Exhibit "D ", attached. NOTE: Pursuant to Section 10.08.00. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: APPLICA710N FOR PUBLIC HEARING FOR COND17IONAL USE - 4114103, rev 511011005, rev 2112108, rev. 7114.08 e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. r petitions on the sublect property: To your knowledge, has a public on this property within the last year? If so, what was the nature of that hearing? No. 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. see Exhibit "Ell, attached. Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; see Exhibit 'IF", attached. b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 81/2" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); APPLICA77ON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4174103, rev 512012005, rev 2172108, rev. 7174.08 An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Not required. d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. See Exhibit "GII, attached. e. Statement of utility provisions (with all required attachments and sketches); See Exhibit "H", attached. f. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; Not required. g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting); Not required. h. Any additional requirements as may be applicable to specific conditional uses and Identified during the pre - application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.06.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its 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, F5. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Collier County Zoning Department, within 15 days of recording of said Memorandum or Notice. APPLICATION FOR PUBLIC HEARING FOR CON0177ONAL USE - 4174103, rev 5120/2005, rev, 2/72/08, rev. 7174.08 Application for Conditional Use 5860 Crews Road, Naples, Florida (Existing Address) 5864 Crews Road, Naples, Florida (Proposed Address) Applicant: MediaFLO USA, Inc., a Delaware corporation Exhibit D Narrative Statement The Applicant seeks approval of a conditional use request to permit the co- location of broadcast equipment on an existing wireless tower located at 5860 Crews Road (existing address), in Collier County, Florida (the "Project "). The Project will essentially entail the addition of cellular antenna and broadcast equipment to an already existing, functioning tower and as such will require only minor alterations, at best, to the site as it presently exists. There will be no additional employees stationed at or accessing the site due to the installation, and no additional building square footage will be associated with the Project. a. The Project is consistent with the Collier County Land Development Code (LDC) and Growth Management Plan. The Project is consistent with the County's desire to "maximize the shared use of specified tower sites to minimize the need for additional tower sites," as set forth in Section 5.05.09(A) of the LDC. The essential service provider for the Project is the U.S. Department of Justice, FBI, an agency of the Federal Government, in compliance with Section 5.05.09(G)(3) of the LDC. The Project is consistent with the LDC provisions governing the standards for design, vegetation screening, construction and facilities setting for communications towers. In. Means of ingress and egress to the Property and proposed structure; automotive and pedestrian safety; traffic flow and control; access in case of fire or catastrophe. The Property features an existing private access road from Crews Road as a means of ingress and egress to the Property for maintenance vehicles and in the event of fire or catastrophe. There are existing parking spaces on the Property for maintenance vehicles. As the facility is an un- manned site, no alterations to the existing parking or to the existing means of ingress and egress on the Property are required. Pedestrians and the general public will not have access to the site. C. The Project will have a minimal effect on neighboring properties with regard to noise, glare, economic impact and odor. The Project involves the installation of an additional antenna to an already existing communication tower and will require the addition of an enclosed generator. Notwithstanding, the Project will have only a minimal effect, if any, with regard to noise and glare to neighboring properties given (i) the tower already exists and (ii) the Project involves only the addition of equipment to the existing tower. The Project will have no known effect on neighboring properties with regard to odor or economic impact. d. Compatibility with adjacent properties and other properties in the district. The compatibility of the site with adjacent properties will not be affected by the co- location of broadcast equipment on the existing communications tower. Given (i) the tower already exists and (ii) the Project involves only the addition of equipment to the existing tower, the existing compatibility of the site with adjacent properties and other properties in the district will not be disturbed. TPA:639135:1 %d 14. �r STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) MEDIAFLO USA., INC., A DELAWARE CORPORATION ADDRESS 5775 MOREHOUSE DRIVE CITY SAN DIEGO STATE CA ZIP 92121 TELEPHONE # (858) 651 -3244 CELL # FAX # E -MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 5860 Crews Rd. (existing address), 5864 Crews Rd. (proposed address) LEGAL bWO tION Sectionrrownship /Range 08/50/26 Lot: Block: Subdivision: a/k/a Tract 20, Enchanted Acres Plat Book Page #: Metes & Bounds Description: applicable system): Property I.D. #: 00405160008 a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ TOTAL POPULATION TO BE. SERVED: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL U5E - 4114103, rev 512012005, rev 2112108, rev. 7114.08 PEAK AND A0 f ',` 4A DOW* 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 Not applicable. 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. COkLI Rt Q_NT, UTltJ �EF��G'ik>k14?I�4;��i BM�f�Tj If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at 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 shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. , Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. APPLI CATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/74/03, rev 512012005, rev 2 172108, rev 7 174.08 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department ofZoning and Land Development Review April 3,2008 2800 North Horseshoe Drive - Naples, Florida 34104 Margaret Smith MediaFLO USA c/o Redna Broadcasting 2 Larkspur Ct Greenfield, NY 12833 RE: Zoning Verification Letter ZLTR - 2007 -AR- 12825, zoning verification for property addressed as 5860 Crews Road, legally described as the West %: of Northwest '/4 of Southeast %4 of Southeast '/4 Less the South 30 -foot right -of -way, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Property ID No: 00405160008 Dear Ms. Smith: In your application dated January 23, 2008 you request a zoning determination regarding the two existing communication towers and your desire to co- locate antennas on the tower that was to be dismantled on the subject property. The zoning for the subject property is Estates with an approved conditional use (Resolution 93 -219). As provided below, an expansion of the original approved conditional use cannot be granted; furthermore, the tower designated to be dismantled remains and must be removed in order to comply with the terms of approval of the original conditional use. The conditional use, referenced above, was approved on May 25, 1993 for the subject property to allow the replacement of the existing 438 -foot guyed communications tower and accessory structures with a 430 -foot guyed communications tower and a new 2,400 square foot building. Site Development Plan (SDP) 93 -62 was approved July 23, 1993 showing the new 430 -foot guyed communications tower and accessory building. An amendment to SDP 93 -62 was approved July 19, 1999, proposing the replacement of the existing 430 -foot guyed communications tower with a stronger 394 -Foot communs tower. Several insubstantial changes to SDP 93 -62 have been approved c add ication generators or co- locate antennas on onto an existing tower on the site. Your application states you would like to co- locate antennas on the tower that was to be dismantled. A current aerial shows two towers existing on the subject property. The approved conditional use provided for the replacement of an existing communications tower; not an expansion of use by adding an additional tower. Section 10.08.00, of the Collier County Land Development Code (LDC), provides for conditional use procedures and requires any additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the ° EXHIBIT Phone(239)403 -2400 or (239) 213 -2913 www.colliergov.net conditional use application to undergo submittal, review and approval of a new conditional use application. LDC Section 5.05.09.G states no new tower of any height shall be permitted in the Estates zoning district except for essential services listed in subsection 5.05.09.G.3, thereby prohibiting the expansion of the approved conditional use. Please be advised that the information presented in this verification letter is based on the Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 252- 5748. Researched and prepared by: Reviewed by: �ne Willoughby, Pladiner Department of Zoning and Land Development Review Cc: Correspondence File, ZLTR- 2008 -AR -12825 Mike Sawyer, Senior Planner Peggy Jarrell, Addressing Section s Goc� Maur, Planning Mang re s e Department of Zoning and Land Development Review 1-^j 11Y11 1 OLLIER COUNTY GOVERNMENT 1 12800 NORTH HORSESHOE DRIVE EPT. OF ZONING & LAND DEVELOPME KCVICVV NAPLES, FLORIDA 34104 MM.COLLIERGOV NET (239) 403 -2400 FAX (239) 643 - o968 I CONDITIONAL USE PETITION PRE- APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date 6 01 Time. X30 Planner: Itas Project Project Applicant Name: u% Yr� Phone Firm: Current Zoning:_ 17, Owner Name- )& kA Arnarf'.afLu Owner Address: Ili Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: Cn,�PrrhM44e 4oid o n 44 p��, d.,�, ct� ,� �� ig< P%j i - rn t) i i CA-9PIOA 'du5 LRTitYy ��vvrd6— Sviirll7 fl LETJEQ 'BiaTr� ry47 fi�l7tpNgt_ Ti' 1( 1 ¢ArDR S .41? E �Rb SSE D r1 S f�P� Cyr— 744i% Gon+D:Tleve. �ls4i,rl S"l� %5 s1111PIJSY wf�if FlIC(Ii QA1 nfrJ•Cocl 0i�d wovd -,A Wl-- -WA,P,O .i(XU%I/ (>Gjgy�l p. �tk- i l t�Oroifi alt/ C!/ Xt M- '04'W. r }tJ��ov,' �vgfiir- t/f667AfiD�v O.V-J %iF) -? QT 07 ZDc. CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF_ COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: Cover letter briefl ex laining the pro ect Application (completed & signed) download from website for current form) *Additional set If located in the Boyshore /Gateway Triangle Redevelopment Area) 20 20 1 ?C X is Addressing Checklist signed by Addressing i Pre-Applicatlon meeting notes 20 Conceptual Site Plan 24" X 36" lus one 8 s/s X 1 1 copy) 20 Co tes of Warrant Deeds 2 Com feted Owner A ent Affidavits Notarized 1 Environmental Ica act Statement EIS • a 2 Di ital electronic co of EIS i Aerial photographs (taken within the previous 12 months min. scaled 1 " =200' showing FLUCCS Codes Legend, and ro ect boundar S Statement of atilt rovlsions with all re aired attachments & sketches ) i Traffic Ica act Statement (TIS), waive SuT6Mr7 7 Co of Traffic Ica act Statement Won CDR OM 3 Historical and Archeological Survey, or waiver q Co Las of State and or Federal Permits ArcMtectural Renderin of Proposed Structures q Electronic co of all documents and plans CDROM or Diskette 1 Boundary Survev 2 =Affordable submit approved copy of official application xpedited" must submit w copy of signed Certificate of A reement. PLANNED MADP R Weenen rn ee 2 COMMUNITY PLANNING COORDINATOR — Linda 1 N — Zamira Deltoro Executive FEES. Pre- application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) $4,000.00 Application Fee / $1500 if filed in conjunction with a rezone petition $150.00 Fire Code Review $300.00 Comprehensive Planning Consistency Review $760.00 Estimated Legal Advertising Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). $2,500.00 EIS Review, if required/V /X $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) Transportation Fees, if requirecit ❑ $500.00 Methodology Review Fee, If required ❑ $750.00 Minor Study Review Fee, if required '1V1/ ❑ $1,500.00 Major Study Review Fee, if required OTHER REQUIREMENTS: Applicant /Agent Signature 3 Date PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one -fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. �b Ar Z 3 m t m E O d m e m� 0 o Q e d J •V O) w C w O O £' N 'O 0 a N S a CL d D y` v N Q O Qw O 1 e 0 o M C4 O: W N Z h Z N J � IL G W Z Z m N O Q a 4..1 -L- a j J E ` 1 1 • 5 i� ry� � M� U a \ 1 a � x i �a F az c 0 00 ' j I �2 ■� J Q V i a. r E .lot a pG�Y k3 SS — s S1 #iii 11 4ei 'lA1. I aM o § Iiii,11111 a yg . 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M R`\ |« �I |§ ) § §• i . , |! |,� || § oil N F k' §�A tea. ,! ! ■! ... � I! !� |�. � � �I |§ }� ,| )§) |# §§ i . , |! |,� || § oil N F k' §�A tea. � \ \| | � |, � | §� | � |R@ ,� ( ( § % F�!�/ •'� \� e , ! coo Hh ` e 2, / \) !\ ) § §! 9 § © � ,.. ' \ x` x ., / &2B r� |« � 2 | || — y ,! � \ \| | � |, � | §� | � |R@ ,� ( ( Conditional Use Petition Applicant: Media FLO, USA 5860 Crews Road Collier County, Florida Index of Application and Required Exhibits /Components Item No. Description 1. Cover Letter Briefly Explaining the Project 2. Application and Exhibits A -F: Ex. A: List of Surrounding Registered HOAs /Master Associations Ex. B: Corporate Officer List for Renda Broadcasting Corp. Ex. C: Legal Description for Property Ex. D: Narrative Statement Ex. E: Zoning Verification Letter from Collier County dated April 3, 2008 Ex. F: Pre- Application meeting notes 3. Addressing Checklist Signed by Addressing - Ex. I 4. Copies of Warranty Deed(s) — Ex. J j. Completed Owner / Agent Affidavits 6. Aerial Photographs Showing FLUCCS Codes, Legend, and Project Boundary Engineer — Ex. G 7. Statement of Utility Provisions — Ex. H 8. Traffic Impact Statement (TIS) (e -mail confirmation of waiver attached and referenced in justification statement) 9. Electronic Copy of All Documents and Plans (CDROM or Diskette) 10. Boundary Survey 11. Listed Species Survey 12. Wetlands Designation 13. Conceptual Site Plan 24 "x36' plus ( one 8 '/� x 11 copy) Engineer TPA :6,56123:1 Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation COVER LETTER (20 COPIES ATTACHED) TPA:667138:1 Ruden dlMfflosky December 16, 2008 John David Moss, Principal Planner Collier County Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 401 EAST JACKSON STREET SUITE 2700 TAMPA, FLORIDA 33602 (813) 314 -6709 PAX: (813) 314 -6809 KIMBERLY. MAD ISON@RUDEN. COM Re: Application for Conditional Use — Collier County (the "Application ") 5860 Crews Road, Naples, Florida (the "Property ") Applicant: MediaFLO USA, Inc., a Delaware corporation Our File No. 60479 -0001 Dear John David: The Applicant seeks approval of its Application for Conditional Use to permit the co- location of broadcast equipment on an existing wireless tower located at 5860 Crews Road, in Collier County, Florida (the "Project "). The Project will essentially entail the addition of a cellular antenna and broadcast equipment to an already existing, functioning tower and as such will require only minor alterations, at best, to the site as it presently exists. There will be no additional employees stationed at or accessing the site due to the installation, and no additional building square footage will be associated with the Project. Applicant's request is consistent with the County's desire to "maximize the shared use of specified tower sites to minimize the need for additional tower sites," as set forth in Section 5.05.09(A) of the Collier County Land Development Code (LDC). The Project is consistent with LDC provisions governing the standards for design, vegetation screening, construction and facilities setting for communications towers. In connection with the above - referenced Application, and on behalf of the Applicant, MediaFLO USA, Inc., enclosed please find the following documentation for your review and consideration: 1. Twenty (20) copies of the signed Application for Conditional Use; 2. One(]) check for the Application Fee, in the amount of $7,073.00; 3. One (1) original, signed and notarized Agent Affidavit; TPA: 663997:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL P.A. BOG BATON - CARACAS • PT. LAUDERDALE • MIAMI • NAPLES • ORLANDO -PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM REACH John David Moss December 16, 2008 Page 2 4. One (1) original, signed and notarized Owner Affidavit; 5. One (1) copy of the Addressing Checklist signed by Addressing; 6. Twenty (20) copies of the Pre - Application Meeting Notes and Submittal Checklist; 7. Twenty (20) Conceptual Site Plans (24" x 36 "), plus one (1) 8 1/2 x 11 copy; 8. Two (2) copies of the warranty deeds; 9. Five (5) copies of aerial photographs showing FLUCCS Codes, Legend, and project boundary; 10. Five (5) copies of the Listed Species Survey for the Property; 11. Five (5) copies of the Wetlands Jurisdictional Determination for the Property; 12. One (1) copy of the Statement of Utility Provision; 13. One (1) CDROM containing an electronic copy of all documents and plans; and, 14. Two (2) signed and sealed Boundary Surveys. Please do not hesitate to contact me should you require additional copies of any of the above - referenced documents, or to address any questions regarding this Application. Sincerely, J Kimberly J. Madison KJM/kcw Enclosures cc: Thomas Voltero, Esq. (w /o enclosures) TPA 663997A RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA EATON • CARACAS • FT. LAUDERDALE • MIAMI • NAPLES • ORLANDO -PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TAIIAHASSrr • TAMP4 1 wECT PA M RFArH 263-14 ***Seven Thousand Seventy Three and 00/100 DOLLARS U. MEMO Zoning Filing Fee; 070443 AUMORMM SIGNAM REP 11'00263311' 1: 21L3704801: S 29 1069 ?v S� NKV DUVAL & KLASNICK LLC S VII.. BANK OPERATING ACCOUNT IOCtDARSTREET SUITE 17 53-7048-2113 WOBURN, MA 01801 Aug 29, 2008 PAY TO THE ORDER OF Collier County Board of Commissioner $ 7,073.00 ***Seven Thousand Seventy Three and 00/100 DOLLARS U. MEMO Zoning Filing Fee; 070443 AUMORMM SIGNAM REP 11'00263311' 1: 21L3704801: S 29 1069 ?v Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation APPLICATION (20 COPIES ATTACHED) TPA:667139:1 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX (239) 643 -6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER ABOVE TO BE COMPLETED BY STAFF NAME OF APPLICANT(S) MEDIAFLO USA, INC., A DELAWARE CORPORATION ADDRESS 5775 MOREHOUSE DRIVE CITY SAN DIEGO STATE CA ZIP 92121 TELEPHONE # (858) 651 -3244 CELL # FAX # E -MAIL NAME OF AGENT JAMES J. PORTER, ESQ., AND KIMBERLY J. MADISON, ESQ. FIRM RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ADDRESS 401 E. JACKSON ST., SUITE 2700 CITY TAMPA STATE FL ZIP 33602 TELEPHONE # (813) 222 -6620 CELL # FAX # (813) 314 -6920 E -MAIL ADDRESS JIM. PORTER 0 RUDEN.COM, KIMBERLY.MADISON @RUDEN.COM APPLICA TION FOR PUBLIC HEARING FOR CON01T101VAL USE - 4/14/03, rev511012005, rev2111 108, rev. 7114.08 Complete the following for all registered Assoclation(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's webslte at httpJ/ www. co111emov .neVIndex.asox ?oaae=774 PLEASE SEE EXHIBIT "A", ATTACHED NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ZIP ZIP ZIP 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 Not applicable. Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONOI7,10NAL USE - 4114103, rev 512012005, rev 2172108, rev. 7114.08 Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation Exhibit A List of Surrounding Registered Homeowners and Master Associations Falling Waters Beach Resort, Phase II Mr. Thomas Powers, President 6660 Beach Resort Drive, #6 Naples, FL 34114 2. Falling Waters Condominium Owners Association I Mr. Tom Lee, President 2202 Hidden Lake Drive, #7 Naples, FL 34112 3. Falling Waters Homeowners Association II Mr. Tim Boyle, President 2274 Hidden Lake Drive, #9 Naples, FL 34112 4. Magnolia Cove of Falling Waters Mr. Raymond C. McCabe, President 2338 Magnolia Lane, #2 Naples, FL 34112 5. Cascades of Falling Waters Condo Association Mr. George W. Baker, President 1972 Cascades Drive, #1 Naples, FL 34112 6. Cascades at Falling Waters Mr. Robert Hinklin, President 2004 Cascades Drive, #1 Naples, FL 34112 7. Falling Waters Beach Resort Master Association Mr. Donald K. Bassett, President 6580 Beach Resort Drive, #3 Naples, FL 34112 TPA:642048: I 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 Ownership See attached listing of officers for Renda Broadcasting Corporation, attached as Exhibit "B". c. If the property Is In the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership Not applicable 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 Not applicable. Percentage of Ownership APPLICAT /ON FOR PUBLLC HEARING FOR CONDIT101VAL USE - 4174103, rev 512012005, rev 2172108, rev. 7/14.08 Www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreign Profit Corporation RENDA BROADCASTING CORPORATION Filing Information Document Number P30305 FEI Number 251259502 Date Filed 07/26/1990 State PA Status ACTIVE Principal Address 10915 K -NINE DR BONITA SPRINGS FL 34135 Changed 07/02/2007 Mailing Address 900 PARRISH ST 4TH FLOOR PITTSBURGH PA 15220 Changed 04/26/2000 Registered Agent Name & Address RENDA, ANTHONY F RENDA BROADCASTING CORP 10915 K -NINE DRIVE BONITA SPRINGS FL 34135 -6802 US Name Changed: 07/02/2007 Address Changed: 07/02/2007 Officer /Director Detail Name & Address Title DPT RENDA,ANTHONY EXH MERRIMAN RD. SEWICKLEY PA 15143 Page 1 of 3 Forms H t .`•. fib, Et -'� l..a... o_:__ a,,_ _...vt.._ —p9MAZ n.:. -,. 11) i1 i1) nn4 www.sunbiz.org - Department of State Title DVS RENDA, CATHERINE R MERRIMAN ROAD SEWICKLEY PA 15143 Title V SERENA, ALAN C 3111 CHESTNUT RIDGE DR PITTSBURGH PA 15205 Title DV KELLY, MARYANN 114 ALPINE CIR BELLE VERNON PA 15012 Title V REICH, JUDY 506 COVENTY TRAIL LANE MARYLAND HEIGHTS MO 63043 Annual Reports Report Year Filed Date 2006 07/17/2006 2007 07/02/2007 2008 02/28/2008 Document Images 02/28/2008_ -.- ANNUAL_REPORT 07/02/2007 --ANNUAL REPORT Note: This is not official record. See documents if question or conflict. Page 2 of 3 www.sunbiz.org - Department of State Previous on List Next on List Return To List No Events No Name History Home Contact us Document Searches E- Filinq Services Forms Help Copyright and Privacy Policies Copyright t<j 2007 State of Florida, Department of State. Page 3 of 3 1, H«•//,,., 1.: �...../..,..:« �,./. .....ie�o.,e�,,..F:.. «— TICTL'TT P.: «.. A-- .,.,.,,1.o..= A'1n1nGR,;«., '.o i)nnnna 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 Not applicable. 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 Not applicable. g. Date subject property acquired ® Owner acquired property on January 13, 1999. leased ❑ Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Not applicable. Date option terminates: , or Anticipated closing date: APPLICATION FOR PUBLIC HEARINC FOR COND177ONAL USE - 4174103, rev 51101200S, rev 2 172108, rev. 7174.08 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. Lmanea legal description of the property covered by the application, (If space is Inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved In each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 " to 400' scale) if required to do so at the pre - application meeting. See legal description, attached as Exhibit "C" NOTE. The applicant Is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range 08/50/26 Lot: Block: Subdivision: Also (mown as Lot 20, Enchanted Acres Plat Book Page #: Property I.D. #: 00405160008 Metes & Bounds Description: SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. Acres 4.77 ac (207,781.20 s.f. m.o.l.) ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 5860 Crews Rd., Naples, FL �� q, -x' ,',��i �.ty,;«i t FiY1`e''',� I t spy. `! iF"r r. 57�7 i} :&tea .,k c 1% t1 t_ri M�,;ln�' Zoning N E/PUD S E E PUD W PUD /E Land use Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Not Applicable. APPLI CAT /ON FOR PUBLIC HF4RINO FOR CONDMONAL USE - 4114/03, rev 512012005, rev 2171108, rev, 7114.08 LEGAL DESCRIPTION Property located in Collier, FL The West one -half (W %z) of the Northwest one - quarter (NW '/4) of the Southeast one - quarter (SE 1/4) of the Southeast one - quarter (SE 114) of Section 8, Township 50 South, Range 26 East, Collier County Florida, also known as Tract No. 20, Enchanted Acres, less the South 30 feet for road right -of -way purposes. AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania corporation from Sterling Communication Corporation, a Florida corporation by Warranty Deed dated January 13, 1999 and recorded January 20, 1999 in Deed Book 2503, Page 1624. Tax Parcel No. 00405160008 G Sect►on/Townshlp/Range ! / Lot: Blocks Subdivision: Not applicable. Plat Book Page #: Property I.D. #: Metes & Bounds Description: W�. ^.APE i TWO of Conditional Use-, This application is requesting a conditional use allowed per LDC Section 2.04.03 of the E zoning district for installation of bmadcaefipg eoulnment and antenna to existna tower (type of use). Present Use of the Property: Existing communication tower. " R.gst d'ty Imm—F -v.- -m,� lveluation Crltarla• Provide a narrative statement describing this request for Conditional use. see Exhibit °D ", attached. NOTE: Pursuant to Section 10.08.00. of the Collar County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the Individual conditional use, If any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where appl oable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on tow the request is consistent with the applicable section or portions of the future land use element): b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: c, Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic Impact and odor. AFPVCATION FOR "LIC HEARING FOR CONDMONAL USE- 4174103, rev 51,?01200£ rev2 172108, MV. 7174.08 d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association In the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the sublect property To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No. 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. See Exhibit "Ell, attached. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre - application meeting. a. A copy of the pre - application meeting notes; see Exhibit 'IF", attached. b. Twenty (20) copies of a 2411 x 3W conceptual site plan [and one reduced 8'h" x 11" copy of site plan], drawn to a maximum scale of 1 Inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • locations of solid waste (refuse) containers and service function areas, • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), AVVLICATiON FOR PUBLIC HEARING FOR CONDITIONAL USE- 4/14/03, rev 512012005, rev2 117108, rev. 7114.08 • proposed and/or existing landscaping and buffering as may be required by the County, • location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). Not required. d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one Inch equals 400 feet, shall be submitted. Said aerial shall Identify plant and/or wildlife habitats and their boundaries. Such Identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. See Exhibit "G", attached. e. Statement of utility provisions (with all required attachments and sketches); See Exhibit "x I , attached. f. A Traffic Impact Statement (TIS), unless waived at the pre - application meeting; Not required. g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as Identified at pre - application meeting); Not required. h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre - application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT Tb REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. t- �TT Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at Its 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, F5. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Collier County Zoning Department, within 15 days of recording of said Memorandum or Notice. APPLICATION FOR PUBLIC HE4RINO FOR CONDI710NAL USE - 4114103, rev 512012005, rev2 112108, rev. 7114.08 Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation Exhibit D Narrative Statement The Applicant seeks approval of a conditional use request to permit the co- location of broadcast equipment on an existing wireless tower located at 5860 Crews Road, in Collier County, Florida (the "Project "). The Project will essentially entail the addition of cellular antenna and broadcast equipment to an already existing, functioning tower and as such will require only minor alterations, at best, to the site as it presently exists. There will be no additional employees stationed at or accessing the site due to the installation, and no additional building square footage will be associated with the Project. a. The Project is consistent with the Collier County Land Development Code (LDC) and Growth Management Plan. The Project is consistent with the County's desire to "maximize the shared use of specified tower sites to minimize the need for additional tower sites," as set forth in Section 5.05.09(A) of the LDC. The Project is consistent with the LDC provisions governing the standards for design, vegetation screening, construction and facilities setting for communications towers. b. Means of ingress and egress to the Property and proposed structure; automotive and pedestrian safety; traffic flow and control; access in case of fire or catastrophe. The Property features an existing private access road from Crews Road as a means of ingress and egress to the Property for maintenance vehicles and in the event of fire or catastrophe. There are existing parking spaces on the Property for maintenance vehicles. As the facility is an un- manned site, no alterations to the existing parking or to the existing means of ingress and egress on the Property are required. Pedestrians and the general public will not have access to the site. C. The Project will have a minimal effect on neighboring properties with regard to noise, glare, economic impact and odor. The Project involves the installation of an additional antenna to an already existing communication tower and will require the addition of an enclosed generator. Notwithstanding, the Project will have only a minimal effect, if any, with regard to noise and glare to neighboring properties given (i) the tower already exists and (ii) the Project involves only the addition of equipment to the existing tower. The Project will have no known effect on neighboring properties with regard to odor or economic impact. d. Compatibility with adjacent properties and other properties in the district. The compatibility of the site with adjacent properties will not be affected by the co- location of broadcast equipment on the existing communications tower. Given (i) the tower already exists and (ii) the Project involves only the addition of equipment to the existing tower, the existing compatibility of the site with adjacent properties and other properties in the district will not be disturbed. TPA:639135: I April 3, 2008 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive • Naples, Florida 34104 Margaret Smith MediaFLO USA c/o Redna Broadcasting 2 Larkspur Ct Greenfield, NY 12833 RE: Zoning Verification Letter ZLTR- 2007 -AR- 12825, zoning verification for property addressed as 5860 Crews Road, legally described as the West % of Northwest %4 of Southeast '/4 of Southeast '/4 Less the South 30 -foot right -of -way, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. Property ID No: 00405160008 Dear Ms. Smith: In your application dated January 23, 2008 you request a zoning determination regarding the two existing communication towers and your desire to co- locate antennas on the tower that was to be dismantled on the subject property. The zoning for the subject property is Estates with an approved conditional use (Resolution 93 -219). As provided below, an expansion of the original approved conditional use cannot be granted; furthermore, the tower designated to be dismantled remains and must be removed in order to comply with the terms of approval of the original conditional use. The conditional use, referenced above, was approved on May 25, 1993 for the subject property to allow the replacement of the existing 438 -foot guyed communications tower and accessory structures with a 430 -foot guyed communications tower and a new 2,400 square foot building. Site Development Plan (SDP) 93 -62 was approved July 23, 1993 showing the new 430 -foot guyed communications tower and accessory building. An amendment to SDP 93 -62 was approved July 19, 1999, proposing the replacement of the existing 430 -foot guyed communications tower with a stronger 394 -foot communications tower. Several insubstantial changes to SDP 93 -62 have been approved to add generators or co- locate antennas on onto an existing tower on the site. Your application states you would like to co- locate antennas on the tower that was to be dismantled. A current aerial shows two towers existing on the subject property. The approved conditional use provided for the replacement of an existing communications tower; not an expansion of use by adding an additional tower. Section 10.08.00, of the Collier County Land Development Code (LDC), provides for conditional use procedures and requires any additional uses or expansion of permitted uses not shown on the conceptual site development plan or otherwise specifically provided for in the " EXHIBIT Phone(239)403 -2400 g or (239 ) 213-2913 www.coiliergov.net conditional use application to undergo submittal, review and approval of a new conditional use application. LDC Section 5.05.09.G states no new tower of any height shall be permitted in the Estates zoning district except for essential services listed in subsection 5.05.09.G.3, thereby prohibiting the- expansion of the approved conditional use. Please be advised that the information presented in this verification letter is based on the Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject Property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 252- 5748. Researched and prepared by: Reviewed by: ,�hristine Willoughby, PI er Department of Zoning and Land Development Review Cc: Correspondence File, ZLTR- 2008 -AR -12825 Mike Sawyer, Senior Planner Peggy Jarrell, Addressing Section ss Goat aur, Planning Manager Department of Zoning and Land Development Review e EXHIBIT DLLIER COUNTY GOVERNMENT EPT. OF ZONING & LAND DEVEI W W.COLLIERGOV.NET 0968 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643- � CONDITIONAL USE PETITION PRE- APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: 6 DO Time: a 30 Planner: ✓ Ab SS Project Project Applicant Name: t �(Vn Phone• 0 oa - 6(0?(g Firm: Current Zoning:_ V, Owner Name: I& "', yr, v aft a f U a Owner Address: v Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: row�prefur,.r %�e DIA.,►t%�9' -- 4�e�L yn d4c. ��cr�f, -�.�, s� Ha C� %�syes. L _s, r r ri7 l) LOA L4LA� A '7RdL�$ tAj Ip+! ��Qivvr ✓6- Svt3MlT /t LC.77ElL S%TKe. r4ft7 tL�Y�7u9N� 'rill' G^E u�ekTe>zs .4ZC_ PRb�S6D ks f�Ps CTr- 7-44 Co N'X>:T I a (V ea.. c SE zls4lso Vl�u/`5 J'LrnUt; Y wolf Ocvas 0& nfrJ CoCI {�0�4 wou�//aco�!/2f Wkls-1 4xv)) A6 D� J/ ltiAr'i NI J� evz 4 .4/lti%9 G ftv' CU sli5 lot4,11. 04 e r mg, r }IJ +��vl N�flvX ��=Crmh,vw 0"& -Ji4�) J .95..07 e0c. CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF-- COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: (1) BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT Executive Director (1) Cover letter briefl ex laining the project Application (completed & signed) download From website For current form) *Additional set IF located in the Bayshore /Gateway Triangle Redevelo ment Area) 20 20 1 ?C k Addressin Checklist signed by Addressing 1 Pre-Application meeting notes 20 Conceptual Site Plan 24" X.36" lus one 8 1/s X 11 co 20 Co ies of Warrant Deeds 2 Completed Owner Agent Affidavits Notarized 1 Environmental Impact Statement EIS * o 2 Digital/electronic copy of EIS 1 Aerial photographs (taken within the previous 12 months min. scaled 1 "=2001 showing FLUCCS Codes, Legend and project boundary S Statement of utility rovisions with all required attachments & sketches 1 Traffic Impact Statement (TIS, waive $016M17 (ET 7 Copy of Traffic Impact Stotement on CDROM 3 Historical and Archeological Survey, or waiver q Cop of State and/or Federal Permits Architectural Rendering of Pro osed Structure (s) q Electronic co of all dowments and Ions CDROM or Diskette 1 Bounder Surve 2 O EDC "Fast Track" must submit approved copy of official application' , 0 Affordable Housing "Expedited" must submit ca g copy of signed Certificate of A reement. PL ANNCD MAD 11eenen Ti. 2 - ---- - -- - -- ••- -•• -•- •. .......ry .v uc nwulcu 1V KCVICYYCKD aCLUM Comments should be forwarded to the Planner rior to the due date SCHOOL DISTRICT SUPERVISOR OF ELECTIONS (1) (1) PARKS & REC — Murcia Smith UTILITIES ENGINEERING — Zamira Deltoro (1) (i) COMMUNITY PLANNING COORDINATOR — LindaBedlelyon (1) BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT Executive Director (1) Communications Towers Only: MOSQUITO CONTROL (1) COLLIER CO. AIRPORT AUTHORITY (1) NAPLES AIRPORT AUTHORITY 1 (i) CITY OF NAPLES, Robin Singe Planning Dir. FEES: . Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) $4,000.00 Application Fee / $1500 if filed in conjunction with a rezone petition $150.00 Fire Code Review $300.00 Comprehensive Planning Consistency Review $760.00 Estimated Legal Advertising Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - poyment will be reconciled upon receipt of Invoice from Naples Daily News). $2,500.00 EIS Review, if required / j/ /� $1000.00 Ltsted or Protected Species survey review fee (when an EIS is not required) Transportation Fees, if required: ❑ $500.00 Methodology Review Fee, if required N� 11 $750.00 Minor Study Review Fee, if required ❑ $1,500.00 Major Study Review Fee, if required OTHER REQUIREMENTS: Appiicanf /Agent Signature 3 Date PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one -fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. I &cAf4,A a f LL O F Q D CiA I�1 d� 3 d G m o o a m c m � D ° 0 V 08 C IA ° o c a E d d o � V o Q a & O e 0 O m N O: Nw Z h N Z Q ti r m G z Z Z Z 0 m c L4 0 Q a -..1 i- r 1 1 A � ' /I V Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation ADDRESSING CHECKLIST (I COPY ATTACHED) TPA:667138:I COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 ADDRESSING CHECKLIST Please complete the following and fax to the Addressing Department at 239- 252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting. Not all items will apply to every project. Items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) BL (Blasting Permit) ❑ SDP (Site Development Plan) BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) Carnival /Circus Permit ❑ SDPI (Insubstantial Change to SDP) CU (Conditional Use) ❑ SIP (Site Improvement Plan) EXP (Excavation Permit) ❑ SIN (Insubstantial Change to SIP) FP (Final Plat ❑ SNR (Street Name Change) LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) PPL (Plans & Plat Review) ❑ VA (Variance) PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) �o ZF6�i�o�5 ©pg STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 68 <00 QyIn-EUDE� Rim • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right -of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (forexisting projects /sites only) SDP or AR # T Page 1 of 2 ADDRESSING CHECKLIST- PAGE TWO Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back personally Picked Up APPLICANT NAME: t- f%2,1,'oD� '& PHONE FAX L C� Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY 4 Primary Number -'5 LI-� Address Number Address Number Address Number Approved b Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 01CurrentAppilcatlon Forms\Addressing Checklist rev 042908.dm Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation COPIES OF WARRANTYDEED(S) (2 COPIES ATTACHED) TPA.66713 °:I Jdll D. NIi111Et+ILLJF go&($ E BRADY SUITE 30D 4sol TMI/MI TRAIL 0. MAPLES. FLORIDA 34103 This instrument prepared by: John D. Humphreville, Esquire Quarles 6 Brady 4501 Tamiami Trail North Suite 300 Naples, Florida 34101 WARRANTY DEED 2422539 OR: 2503 PG: 1624 IIl91DID it 01I1CM 9100101 of CQUIll COIRI, IL 01/10/19 at 41:4119 IIICIT 1. IIOCI, CURS MIS 101352.41 UC III I4. s1 IOC -.10 117.14 htl: Q4AILIS i 11141 4501 TUI111 U 11300 RAMS it 14101 1040 This Indenture, made this / 3 ;n day of . JQ /RUG /y 1999, between Sterling Communication Corporation, a Florida corporation, GRANTOR, and Renda Broadcasting Corporation a Pennsylvania Corporation, whose federal employer identification number is , and whose post office address is 1459 Crane Avenue, Pittsburgh, Pennsylvania 15220, GRANTEE. Witnesseth that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida. R C—n The West one hat f Y the Northwesl Southeast one quart (S a Southeast 8, Township 50 So h, an Eas o Tract No. 20, Enc ant t purposes. iteserv;tions Subject to restricti t an e m estate taxes for the 9, and all s Identification Numb 60008. and said Grantor does hereby against the lawful claims of all (NW 1l4) of the (SE 114) of Section da, also known as road rightofway if any; and real earing Property land, and will defend the same In Witness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: WIShess N1 Print name Witness M2 I2,24IfI C. WiliCirtson Print name STERLING COMMUNICATION CORPORATION,a Florida Wwration Kruce B. TirrGll, as'president 2500 Airport Road, South Naples, Florida 34112 r. • . _C s osx4rttvttszr.s � EXHIBIT 8 r ' *x OR; 2503 PG; 1625 M STATE OF COUNTY OF L E om The foregoing instrument was acknowledged before me this �>`�day of Grn 1999, by Bruce B. Timm, as President of Sterling Communications Corporatio , ( who is personally known to me or ( J who produced as identification. - 2)(Oohh'c u •yf� NOTARY PUBLIC (SEAL In ,ilZS/sA ru. Me" Name of Notary, Printed, Typed or Stamped My Commission Expires: a \170151,1 MIS nc Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation 0WNER/AGENT AFFIDAVITS (1 COPY ATTACHED) "i PA:G67138.1 rJt ,tip AFFIDAVIT Deborah Barrett MediaFLO USA, Inc. is an Applicant for a wireless installation on the Well, " - " being first duty sworn, depose and say that t 7��tAtZK�4KPf8ii��ikN�e property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. the Applicant Kimberly J. Madison, Esq. As pmp®qp=wmw Well further authorize to act as our /my representative in any matters regarding this Petition. X Signature of Property Owner Signature of Rrzvvo Applicant —J Deborah Barrett Sr. Director, Operation Bastern— Regien Typed or Printed Name of Owner Typed or Printed Name of ft?mx Applicant The foregoing instrument was acknowledged before me this % �_.. -. day of _' n _ 20�., by _ _,� .v / ;irt '. ?.. `% who is personally known to me or has produced as identification. 4MY JEANNE SOPER MILBRAND Commission p 1556612 Notary PUbNC - CGIROmla San Diego County COMM. Ezpkw Mar a, (Signature of Notary Public) (Prin li� p e, or Stamp Commissioned Name of Notary Public) .A "PLICArIpN FOR PUSt fC WARINC rOR CONDI fIONAL (KC - 4 !4 03, 1 e � 5 10 1005, a'vd. f ?. 1'4 K.tg- r SW6JI-114 AFFIDA VIT We /l, Bill Mueller on behalf of Renda Broadcasting Corp being first duly sworn, depose and say that we /1 am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer ,generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Kimberly Madison of Ruden McClosky to represent Renda Broadcasting in relation to the conditional use petition and. to act as our /my esentative to any mattefs/regarding this Petition. `/ Signature of Property Owner Bill Mueller Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner I The foregoing instrument was acknowledged before me this 5-day of 20�, by �c.� [' �� i �E L who is personally known to me or has produced as identification. i (Notary Stamp) (Signature of Notary Pu rill- (Print, Type, or Stamp Commissioned Name of Notary Public) Page 10 of 10 Conditional Use Extension Application - Feb. 2008 Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation AERIAL PHOTOGRAPHS SHOWING FL UCCS CODES, LEGEND, AND PROJECT BOUNDARY (5 COPIES ATTACHED) TPA.667138:1 r7 x f. -0 OWN MIND Ajow • � � '?" a .m: a -a ��+ ♦ ♦ ♦ `� t KEPIS Sa_q E , #6 OA AC a tt� .n -nit r � 1ft �s f {sue �: � _ .y • ifJa .i v'.� . Ili 4 .: ! Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation STATEMENT OF UTILITY PRO VISIONS (I COPY ATTACHED) TPA :667138:1 NZY STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST NAME OF APPLICANT(S) MEDIAFLO USA., INC., A DELAWARE CORPORATION ADDRESS 5775 MOREHOUSE DRIVE CITY SAN DIEGO STATE CA ZIP 92121 TELEPHONE # (858) 651 -3244 CELL # FAX # E -MAIL ADDRESS: ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 5860 Crews Rd., Naples, Florida Section/Township/Range 08/50/26 Lot: Block: Subdivision: a/k/a Tract 20, Enchanted Acres Plat Book Page #: Property I.D. #: 00405160008 Metes & Bounds Description: ;.neck applicable system): a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ Not Applicable. PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM ❑ 0- FRI a. COUNTY UTILITY SYSTEM ❑ ,b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME Not Applicable. d. PRIVATE SYSTEM (WELL) ❑ APPL/ CAT /ON FOR PUBL/CH£ARING FOR CONDITIONAL USE - 4114103, rev 512012005, rev 2111108, rev. 7114.08 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 Not applicable. AM, ib 5 li °`' 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. Not Applicable. If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at 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 shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Not Applicable. ' _ -- Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Not Applicable. APPLICATION FOR PUSUCHURINGFOR CONDLTIONAL USE - 4114103, rev512012005, rev2172108, rev. 7 114.08 Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation ELECTRONIC COPY OF ALL DOCUMENTS AND PLANS (I COPY ATTACHED) TPA :6G?L33I Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation BOUNDARYSURVEY (2 COPIES ATTACHED) TPA:667138:1 F tv v �s A�9 CCC�ay R 1 >o R .�r<rm . _ FI'IR rD'DE p 4E"R I >m g RS E 8 RR �R R i �Q Ei a RF OR a �I $ §e8 FF �i _ i rori gill; y� - 9�� ! (Wirrosi m F,IL II � DYDY ltlp :. Flit _ D I i ppI 3 4 >el a!� tD Dc i R itII1111111 aaaaaaaaa = s1 a fol €� �I 8 E R� 3 O�I e I° �d n n [17 ig�gf4 r 8 e �. oils a j V i M1WJ f LHAOM A1f411 Y M -f0G -0 HXL'IE1fJ��1�SY3MLfDS ip YDMV DMNNOIB A LW YRRz� I Fi —' vH ism R�I ii t �E 8 °R O�I e I° �d n n [17 ig�gf4 r 8 e �. oils a j V i M1WJ f LHAOM A1f411 Y M -f0G -0 HXL'IE1fJ��1�SY3MLfDS ip YDMV DMNNOIB A LW YRRz� I Fi —' vH ism 8 ii �E 8 6 6 F 55 E e 4E4 E4 S' E 'E RN n 8 Z sE RR 4 F� �8> gSE�� R ®� >f R� R y5 i az n loll I a. Z I 1 CO R ca a gs R R p Sm co ON Ru ii �E 8 Z sE RR 4 F� �8> gSE�� R ®� >f R� R y5 i az n loll I a. Z I 1 CO R ca a gs R R p Sm co ON Ru Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation LISTED SPECIES SURVEY (S COPIES ATTACHED) TPA 667138:1 Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsey Inc. LEP, CWB, CFEA, REPA, CEHP LEP - Licensed Environmental Professional CWB -Certified Wildlife Biologist CFEA - Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP - Certified Environmental Health Professional OSHA 5 — Hazardous Materials Incident Commander 08 October 2008 Ms. Jody Lima Black & Veatch Corp. 601 Walnut Street Suite 550 W Philadelphia, PA 19106 Ms. Lima, E -mail: Ramsey.I nc @embargmail.com Office: 239.564.1660, Fax: 866.334.1496 2631 4'" St. NW, Naples, FL 34120 www.ramseyinc.net PROJECT: Renda Broadcasting Corp., Black & Veatch Tampa 01 I; PID 00405160008; Street Address: 5860 Crews Rd. ; City: Naples ; State: FL; County: Collier; Sec 08 Two 50 Rge 26; Road Frontage: 330 feet; Acres: 5.0 Please find attached a Listed Species and Wildlife Survey Report for the Renda Broadcasing Corp., site in Naples, Florida, Collier County, Tampa 011. Please call if you have any questions. Best regards Michael R. Ramsey Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsey Inc. LEP, CWB, CFEA, REPA, CEHP LEP - Licensed Environmental Professional E -mail: Ramsey.Inc @embargmail.com CWB -Certified Wildlife Biologist Office: 239.564.1660, Fax: 866.334.1496 CFEA - Certified Florida Environmental Assessor 2631 4'" St. NW, Naples, FL 34120 REPA - Registered Environmental Property Assessor www.ramseyinc.net CEHP - Certified Environmental Health Professional OSHA 5 — Hazardous Materials Incident Commander LISTED SPECIES WILDLIFE SURVEY REPORT 2008 PROJECT: Renda Broadcasting Corp., Black & Veatch Tampa 011 DATE: 10.08.08 BY: Michael R. Ramsey Ramsey Inc. INTRODUCTION Owner: Renda Broadcasting Corp County: Collier City: Naples Size: 4.77 acres Legal Descriptions: PID 00405160008 5860 Crews Road; Section 08; Township 50, Range 26 The applicant Renda Broadcasting Corp. has applied to the for the necessary permits to expand its existing operation of communication towers and broadcasting in Collier Co. (Figure I and 2). The following protected species /wildlife survey report was done to meet the submission requirements for each agency involved. This report evaluates if the above described project property is utilized by any wildlife, and any species listed by the Florida Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Service (FWS). METHODS First, the project properties were surveyed and a map prepared of the habitat types on site. Second, the official lists of protected species were obtained from each of the agencies (FWC & FWS). The FWC list all species classified as protected by the state of Florida government. The FWS list all species that are classified as protected in the state of Florida by the United States government. Third, each species on each list was researched as to county of occurrence and required habitat in the literature. Last, all species that were indicated as being found in Collier Co. and having a habitat type that occurred on the project properties were searched for by surveys on the project properties. RESULTS Survey Dates. For this survey period the property was visited on 09/24, 09/26, 09/27, 09/30, 10/03 and 10/04 in 2008. Surveys were done in the morning (AM) 2 -3 hours after sunrise and in the evening (PM) 2 -3 hours before sunset. Survey routes are shown in Figure 3. Renda Broadcasting Corp. Black & Veatch Tampa 011 PID 00405160008.5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Page 2 Habitat. The Florida Land Use, Cover and Forms Classification System ( FLUCFCS) was utilized to produce the habitat maps for the project properties. The habitat or FLUCFCS maps are depicted in Figure 4 for the Yahl Mulching project. Table 1 below indicates the acres for each habitat type. Table 1. FLUCFCS acres for the Yahl Mulching and Recycling property. ID# Acres FLUCCS # Habitat Type 1 3.73 624 2 0.06 624 3 0.15 740/310 4 0.38 740/8212 5 0.22 740/8145 6 0.15 419 7 0.08 419 Pine /Cypress /Palm Pine /Cypress/Palm Disturbed Land /Grass Prairie Disturbed Land /Communication Towers Disturbed Land/Access Driveway Other Pine Other Pine The Renda Broadcasting Corp (Tampa 01 1) property presently has a communication tower broadcasting operation in place on 0.60 acres. This property has been impacted by road construction on the north, south, east and west sides of the property. This construction has effectively cut off sheet flow across the property, except for unusually high rainfall events. Impacted hydrology appears to be the cause of the pine trees and melaleuca being present with present in cypress transition areas in the 624 habitats. It is also the reason for the heavy melaleuca infestation in the general area. This area has been slowly drying out over time. The property appears to have been "enhanced" for melaleuca more than 4 -5 years ago. There are no melaleuca in the canopy or sub - canopy. There are also dead melaleuca stumps and piles of cut canopy and sub - canopy trees that have been cut and treated all around the area. The enhancement of the area removing melaleuca has been very effective. It appears that there is 0.5% or less melaleuca in the groundcover and the area is doing well. On the east and west sides of the Renda parcel there is active enhancement activates for melaleuca taking place. The adjacent properties have canopy and sub canopy trees is various stages of post herbicide treatment. Overall, the general area around Renda is undergoing a lot of changes in the vegetation due to the herbicide enhancement treatments. State/Federal Protected Species Listed. The FWC list was published in November 2007 and lists 118 animals as protected in the State of Florida and is attached as Appendix A. Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 52 animal species that may occur in Collier County. There are 51 species that are vertebrates and 1 invertebrate. The 52 species are listed in Figure 4. The FWS list is updated daily on their website. The October 2008 list totals 113 animal and plant species as protected in the State of Florida and is attached as Appendix B. Based on general habitat requirements, historic distributions and actual sightings, the FWS lists 19 species (19 animals and no plants) that may occur in Collier County. Species for Collier Co. are listed in Figure 4 also. Site Survey Results. Figure 5 indicates the cumulative total of all species observed over 10 survey events. Daily field sheets are located in Appendix C. Overall, 15 species were noted, 14 bird species, I mammal and 2 reptiles. The most frequent bird species observed was eastern blue bird with 27 observations. No listed species were observed or indicators noted on the property. Rends Broadcasting Corp, Black & Veatch Tampa 011 PID 00405160008, 5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Page 3 Listed Soecies Results Gopher Frog /Rana capito: Prefers dry sandy, upland habitats adjacent to wetland areas. This type habitat is not present onsite, or adjacent properties and no individuals were observed on site. Changes in the project property will have no effect on this species. Cape Sable seaside sparrowlAmmodramus rnaritimus mirabilis : Currently inhabits seasonally inundated freshwater interior marshes within Everglades National Park and Big Cypress National Preserve in Monroe and Dade County. Last documented in Collier Co. in 1979. This habitat is not present onsite and no individuals were observed on the property. Florida Grasshopper sparrowlAmmodramus savannarum floridanus: Prefers large areas of frequently burned dry prairie habitat, with patchy open areas sufficient for foraging. This habitat type is not present onsite and no individuals were observed on the property. In addition, this species has not been observed since 1955 in Collier Co. Changes in the project property will have no effect on this species. Florida scrub jay/ Aphelocoma coerulescens: Prefers low growing scrub oak plants. This habitat is not present onsite and no individuals were observed on the properties. Changes in the project property will have no effect on this species. Limpkin /Aramus guarauna: Inhabits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida burrowing owl /Athene cunicularia floridana: Prefers habitats of high, sparsely vegetated, sandy ground. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Ivory - billed woodpecker/ Campephilus principalis: This species is considered to be extinct but is still listed. Known to prefer swampy forests, especially large bottomland river swamps of coastal plain and Mississippi Delta and cypress swamps of Florida. This habitat is present onsite, but no individuals were observed on the properties. Changes in this property will have no effect on this species. Cuban - /snowy plover, Charadrius alexandrinus: Prefers dry, sandy beaches, where they nest in shallow depressions, usually near some vegetation or debris. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Piping plover / Charadrius melodus: Prefers open, sandy beaches and on tidal mudflats and sandflats along the coasts. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Kirtland's warbler IDendroica kirtlandii: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine. Florida maybe a migration stop between Michigan and the Bahamas. Individuals may flay straight through. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Little blue heron /Egrena caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats. Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams. Nests in a variety of woody vegetation types, including cypress, willow, maple, black mangrove, and cabbage palm. Usually breeds in mixed - species colonies in flooded vegetation or on islands. Nesting habitat is present onsite, but no other nesting of other wading bird species has been observed. Because of drainage, the area dries out every year Benda Broadcasting Corp, Black & Veatch Tampa 011 Pit) 00405160008, 5860 Crewe Rd. Listed Species Wildlife Survey O8 October 2008 Page 4 which removes all prey species. No individuals or nests were observed on the property. Changes in this property will have no effect on this species Reddish egretlEgretta rufescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat. Generally forages in shallow water of variable salinity. Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas. Also important are salt evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline on mainland. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Snowy egretlEgretta thula: Nests both inland and in coastal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters. Almost all nesting is over shallow waters or on islands that are separated from shoreline by extensive open water. Feeds in many types of permanently and seasonally flooded wetlands, streams, lakes, and swamps, and in manmade impoundments and ditches. Breeding success is tied to water -level fluctuations. Preferred nesting habitat is not present onsite. There are no permanently inundated areas on site. Seasonally flooded areas are very short in duration. Because of drainage, the area dries out every year which removes all prey species. No individuals or nesting were observed on the properties. Changes in this property will have no effect on this species. Tricolored heronlEgretta tricolor: Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting sites include other woody thickets on islands or over standing water. Prefers coastal environments. Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps, tidal creeks, ditches, and edges of ponds and lakes. Because of drainage, the area dries out every year which removes all prey species. Preferred nesting and feeding habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. White ibislEudocimus albus: Found in a wide variety of habitats, including freshwater and brackish marshes, salt flats and salt marsh meadows, many types of forested wetlands, wet prairies, swales, seasonally inundated fields, and man -made ditches. The forested wetland habitat is present onsite and targeted to be preserved and enhanced. Because of drainage, the area dries out every year which removes all prey species. No individuals or nests were observed in the property. Changes in this property will have no effect on this species. Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marshes, fields, swamps, and tidal areas. Since its reintroduction into the eastern United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings). This species is considered to be recovered and is waiting for delisting. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Southeastern American kestrellFalco sparverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout much of Florida. Nest sites are tall dead trees or utility poles generally with an unobstructed view of surroundings. Kestrels are not known to nest in Collier County. Most individuals are migrants from the north. No individuals or nests were observed on the properties. Changes in this property will have little to no effect on this species. Florida sandhill cranelCrus canadensis pratensis: Habitat: Prairies, freshwater marshes, and pasture lands. Avoids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American oystercatcherlHaematopus palliates: Habitat: Coastal waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Renda Broadcasting Corp. Black & Veatch Tampa 011 PID 00405160008. 5860 Crews Rd, Listed Species Wildlife Survey 08 October 2008 Page 5 Bald eaglelHaliaeetus leucocephalus: According to the FWC eagle website, the closest eagle nest (CO 023) is 2.30 miles to the north west. A map of this nest location is presented in Figure 6. he proposed project is not in the primary or secondary zone. No individuals or nests were observed on or utilizing the property. Any proposed changes in this property will have little to no effect on this species. On a larger scale the FWS has delisted the Bald Eagle. Wood stork/Mycreria Americana: Nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Forages in 6 -15 inches of surface water. The preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during the year due to the impacts of road building changing the hydrology. Because of drainage, the area dries out every year which removes all prey species. No individuals or nests were observed on the properties. Changes in this property will have no effect on this species. Brown pelicanlPelecanus occidentalis: Habitat: Mainly coastal, feeding in shallow estuarine waters, and (less often) far offshore.. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Red - cockaded woodpecker /Picoides borealis: Habitat: Inhabits open, mature pine woodlands that have a diversity of grass, forb, and shrub species. Prefers mature slash pine trees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions. The preferred habitat is not present onsite. No individuals were observed on the property. Again for this survey all pine trees were inspected for nest cavities or start holes and none were found. Changes in this property will have no effect on this species. Roseate spoonbill /Platalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed- species colonies on coastal mangrove islands or in Brazilian pepper on man -made dredge spoil islands near suitable foraging habitat. Does feed in forested wetland habitats with slow moving water. Although forested wetland type habitat present, hydrology has been so impacted it is very low quality. Because of drainage, the area dries out every year which removes all prey species. No individuals or indications of this species were observed on the properties. Changes in this property will have no effect on this species Crested caracara/Polyborus plancus audubonii (Caracara cheriway): Open country, including dry prairie and pasture lands with cabbage palm, cabbage palm/live oak hammocks, and shallow ponds and sloughs. Preferred nest trees are cabbage palms, followed by live oaks. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades snail kitelRostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Black skimmerlRynchops niger: Habitat: Coastal waters, including beaches, bays, estuaries, sandbars, tidal creeks (foraging), and also inland waters of large lakes, phosphate pits, and flooded agricultural fields. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Least ternlSterna antillarum: Habitat: Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries. Increasingly use artificial nesting sites, including gravel rooftops, dredge spoil islands or other dredged material deposits, construction sites, causeways, and mining lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Renda Broadcasting Corp, Black & Veatch Tampa 011 PID 00405160008, 5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Page 6 Roseate ternlSterna dougalli (Sterna dougallii dougallii): Habitat: Nest sites include bare limestone, shell -sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited by storms. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bachman's warblerlVermivora bachmanii: Historic records indicate the Bachman's warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent. This species is considered extinct in Florida. This preferred habitat is present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Smalltooth sawfish /Pristis pectinata: Habitat: Shallow coastal, estuarine, and fresh waters; often in brackish water near river mouths and large embayments, in deeper holes on bottoms of mud or muddy sand. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Rivulus (mangrove rivulus)lRivulus marmoratus: Habitat coastal, appears to prefer red mangrove (Rhizophora mangle). This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Sei whalelBalaenoptera borealis: Habitat: Pelagic, marine. Generally, in deep water; along edge of continental shelf and in open ocean. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Fin whale (finback whale)lBalaenoptera physalus: Habitat: Pelagic, marine. Usually found in largest numbers 25 miles or more from shore. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species North Atlantic right whalelEubalaena glacialis (Balaena glacialis [incl. australis]): Habitat: Inhabits near shore and offshore waters. Mainly coastal in the North Atlantic. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species Florida mastiff batlEumops glaucinus, loridanus: Habitat: Roosts in palms and hollow trees and in buildings. Forages high in air over natural as well as human - altered landscapes. Minimal preferred roosting habitat is present onsite. No individuals were observed on the properties or surrounding areas during surveys. Changes in this property will have no effect on this species. Humpback whalelMegaptera novaeangliae: Habitat: Pelagic and coastal waters, sometimes frequenting inshore areas such as bays. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Caribbean monk seallMonachus tropicalis: Habitat: Marine areas. Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide. Mainly west coast of Florida and Caribbean. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades minklMustela vison evergladensis: Habitat: A variety of wetland communities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp. The preferred habitat is onsite. However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species. Renda Broadcasting Corp, Black & Veatch Tampa 011 PID 00405160008, 5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Pagel Sperm whalelPhyseter macrocephalus: Habitat: Pelagic, prefers deep water, sometimes around islands or in shallow shelf waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida panther /Puma (Fells) concolor coryi: Habitat: Requires extensive blocks of mostly forested communities. The FWC panther telemetry database form 1981 -2007 indicates no utilization of this property (Figure 7). From 1981 to 1995 the closest telemetry activity was 1.5 miles away. From 1996 to 2007 there has been no telemetry activity within 2.5 miles of the site. The forested habitat panthers utilize is present onsite. No individuals or indicators were observed on the property. Planned changes in this property should have no effect on this species. However, this property is not in the Focus Area or Primary or Secondary Panther Habitat Zones articulated by FWS, but it is within the area of Consultation (Figure 7). Big Cypress fox squirrel /Sciurus niger avicennia: Habitat: Sandhills (high pine), pine flatwoods, and pastures and other open, ruderal habitats with scattered pines and oaks. Depends on a variety of oak trees for seasonal food and nest material. Longleaf pine cones and seeds are important foods. This habitat type is not present onsite, due to little to no oak trees being present. No individuals were observed on the properties. Changes in this property will have no effect on this species. Florida/West Indian manateelTrichechus manatus latirostris (Trichechus manatus): Habitat: Coastal waters, bays, rivers, and (occasionally) lakes. Requires warm -water refugia such as springs or cooling effluent during cold weather. Sheltered coves are important for feeding, resting, and calving. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida black bear /Ursus americanus floridanus: Habitat: A wide variety of forested communities is needed to support the varied seasonal diet of black bears. Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. Figure 8 indicates black bear telemetry locations form 1983 -2000 as collected by the FWC. The closest bear location was approximately I mile to the east of the property. Figure 9 indicates the locations of nuisance issues from 1980 -2006 according to the FWC. There has not been any nuisance issues on this parcel. This is an unmanned unoccupied site that produces no waste or trash for weekly pickup. This general area has had no nuisance call since 2005 based on data form FWC. Changes in this property will have no effect on this species and planned activities should not generate nuisance issues. American alligator /Alligator mississippiensis: Habitat: Most permanent bodies of freshwater, including marshes, swamps, Takes, and rivers. Occasionally wanders into brackish and salt water but rarely remains there. Protected classification is primarily due to similarity of appearance with the American Crocodile. This Species is considered recovered in Florida. Habitat is not present onsite. No individuals were observed on the properties. Changes in this property will have no effect on this species. Loggerhead seaturtlelCaretta caretta: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Green seaturtleHChelonia mydas: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American crocodile//Crocodylus acutus: Habitat: Coastal estuarine marshes, tidal swamps, and creeks along edges of mainland and islands. Usually associated with mangroves. Nests on beaches, stream banks, and levees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Renda Broadcasting Corp. Black & Veatch Tampa 011 PID 00405160008. 5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Page 8 Leatherback seaturtle/Dermochelys coriacea: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Eastern indigo snakellDrymarchon corais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps. In northern part of range, often winters in gopher tortoise burrows in sandy uplands but forages in more hydric habitats. This habitat is not present onsite and no individuals were observed on the property. Also, no gopher tortoise burrows were discovered. Changes in this property will have no effect on this species Hawksbill seaturtlellEretmochelys imbricata : Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Gopher tortoiselGopherus polyphemus: Habitat: Typically found in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine flatwoods; also commonly uses disturbed habitats such as pastures, old fields, and road shoulders. Typical habitat not present onsite and area is generally to wet. No burrows or individuals observed on site. Changes in this property will have no effect on this species. Kemp's ridley seaturtle /lLepidochelys kempik Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida tree snailllLiguus fasciatus: Habitat: Tropical hardwood hammock (rockland hammock). This species prefers smooth - barked trees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species CONCLUSIONS The majority of habitat on site is 624 pine, cypress, palm. This habitat type appears to be the result of a hydrology impacts over a long period of time, which dried the area out and allowed slash pine and melaleuca to invade in cypress transition areas in the dry years. Melaleuca enhancement onsite has improved the vegetative associations on site. The surrounding properties melaleuca enhancement activities that are currently ongoing are causing a lot of changes in the vegetative structure in the general area. The wildlife utilization of the area is primarily passerines, and raccoons. No listed species were observed utilizing the area. The area has generally a low utilization by wildlife and is not expected to increase because of its fragmentation of habitat caused by the roads and drainage of the surrounding residential area. This area is not expected to have a high increase in wildlife utilization in the future with or without changes to this parcel, and a continuing problem with melaleuca. Overall, changes in this property will have little to no effect on any wildlife in the general area including any listed species that may occasionally use the site. Renda Broadcasting Corp, Black & Veatch Tampa 011 PID 00405160008, 5860 Crews Rd. Listed Species Wildlife Survey 08 October 2008 Page 9 rift 1 0210 1.7 Ashton, R. E., Jr., and P. S. Ashton. 1988a. Handbook of reptiles and amphibians of Florida, part 3: The amphibians. Windward Publ., Inc., Miami, Florida. 1988b. Handbook of reptiles and amphibians of Florida, part 1: The snakes, 2nd ed. Windward Publ., Inc., Miami, Florida. 1991. Handbook of reptiles and amphibians of Florida, part 2: Lizards, turtles & crocodilians, 2nd ed. Windward Publ., Inc., Miami, Florida. Barbour, D. B., and S. R. Humphrey. 1982. Status and habitat of the Key Largo woodrat and cotton mouse (Neotoma floridana smalli and Peromyscus gossypinus allapaticola). J Mammal. 63:144 -148. Barnwell, M. E., P. A. Meylan, and T. Walsh. 1997. 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Serv., Atlanta, Georgia. . 1987. Endangered and threatened wildlife and plants; proposed threatened status for two Florida lizards. Fed. Reg. 52(13):2242 -2246. 1998a. Endangered and threatened wildlife and plants; 90 -day finding for a petition to delist the Squirrel Chimney cave shrimp. Fed. Reg. 63:67618 - 67619. 1998b. Endangered and threatened wildlife and plants; determination of endangered status for five freshwater mussels and threatened status for two freshwater mussels from the eastern Gulf Slope drainages of Alabama, Florida, and Georgia. Fed. Reg. 63(50):12664 - 12687. 1998c. Okaloosa darter (Etheostoma okaloosae) recovery plan (revised). U.S. Fish Wildl. Serv. Atlanta, Georgia. . 1999. Endangered and threatened wildlife and plants; final rule to list the tlatwoods salamander as a threatened species. Fed. Reg. 64:15691- 15704. 1999. South Florida Multi- Species Recovery Plan U.S. Fish Wildl. Serv., Atlanta, Georgia. 2172 pp. 2000. Candidate and listing priority assignment form: Cicindela highlandensis. . 2006. U.S. Fish & Wildlife Service The Endangered Species Program [web application]. US Fish & Wildlife Service. Washington, D.C. http: / /www.fws.gov /endangered U.S. Fish and Wildlife Service and Gulf States Marine Fisheries Commission. 1995.Gulf Sturgeon Recovery Plan. Atlanta, Georgia. Walls, J. G. 1976. Fishes of the northern Gulf of Mexico. T. F. H. Publications, Inc., Ltd., Hong Kong. Whitaker, J. O. 1996. National Audubon Society field guide to North American mammals. Alfred A. Knopf, New York. Williams, J. D., and G. H. Burgess. 1999. A new species of bass, Micropterus cataractae (Teleostei: Centrarchidae), from the Apalachicola River basin in Alabama, Florida, and Georgia. Bull. Florida Mus. Nat. Hist. 42(2):81- 114. Witzell, W. N. 1983. Synopsis of the biological data on the hawksbill turtle Eretmochelys imbricata (Linnaeus, 1766). FAO Fish. Synopsis 137. Wood, P. B., M. L. Hoffman, M. W. Collopy, and J. M. Schaefer. 1988. Southeastern American kestrel (Falco sparverius paulus) natural history, life requirements, and habitat protection guidelines. Final report to Office of Envir. Services, Florida Game and Fresh Water Fish Comm., Tallahassee. Woods, C. A., W. Post, and C. W. Kilpatrick. 1982. Microtus pennsylvanicus (Rodentia; Muridae) in Florida: a Pleistocene relict in a coastal saltmarsh. Bull. Florida State Mus. Biol. Sci. 28:25 -52. Wooley, C. M., and E. J. Crateau. 1985. Movement, microhabitat, exploitation, and management of Gulf of Mexico sturgeon, Apalachicola River, Florida. North American J. Fisheries Manag. 5:590 -605. Wunderlin, R.P. 1998. Guide to the vascular plants of Florida. University Presses of Florida, Gainesville, Florida Zambrano, R., M. S. Robson, D. Y. Charnetzky, and H. T. Smith. 1997. Distribution and status of least tern nesting colonies in southeast Florida. Florida Field Nat. 25(3):85 -91. Zambrano, R., R., H. T. Smith, and M. Robson. 2000. Summary of breeding roseate terns in the Florida Keys: 1974 - 1998. Florida Field Nat. 28(2):64 -68. PROJECT LOCATION MAP COLLIER COUNTY, FL 5 0 5 10 15 Miles PROJECT: Figure 1. Project Location Map; Ramsey Inc. Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. 41 Sec 08 Twn 50 Rge 26 totaling a rox. 4.77 acres. ' Naples FL 34120 s r � 9 PP 23 p 56.1660 Ole A1 =04amIIN'r9[• • J,m1 LIST OF USFWS AND FWC PROTECTED SPECIES FOR COLLIER CO., FL. AS OF 10/08/08 COMMON NAME BCIEMTFIC NAME OEEIONATEO ST.TO! 200E 200E FWC ME AMPHIBIANS pr+plerfmg Hna1,niplm SW 1,2) BIRDS Cup, Sabl ...... lexpamrw Ao bnmue nrnnnmua nnmbilis L E Fbrba gmxvMrpper,Pam)w AmmOdmnma snrnnnmm�r,pnddnn" E E FbnID xiub juY AOhe4+ronm aumlearens T T 6npkln Arnmux gunmmm SSC (II A0, a nmiadativ (Allu FbMabiunrwi�nul .0,11101-dnnnl SSC (I iwry- bllal—A,,,ker (`nmpephilue...Lrripsdix F E Cubao- I11K) y pbver 0 um0— nlex.....I 1,a T pplvpk"' Chnnrdri1,s mebdus T T KlvWnfx wud,hr IW.drulai klr@mdii E E MbhArc .'. Egrep. a¢m4n SSC (L4) rttldeh ep'n Eprcu. r l srrns SSC (I 3) srowy,gel E,prenn lh.h, SSC(1) rtinbrul hem. Eglma1 1,,r SSC (1,4) white b1, EvAurimus.lbus SSC(21 per,,m faknn Fntro lreregnnu. F1 Sulnheuvrem A., &a kmml Fakv sWrn ra P1,ulus T F bola san.IMllcmre Cm. anode rslsprr ,n.na T Nreivan oyvrertamher Hnnnnmpus...Idol., SSC(12) bkleunb Hn(iuee01,r kun+rephnlus T vab Bork W 1, m a E E bmsmp,kan P,k"...r,,, "Aeon", SSCIb E iml- uekadnl wnnlpe ker Yib1,Fdn 1111"Ii.s SSC E meeule vpl.nbll Pkllaha 11,111, (AJUin n,aill) SSC (1.4) Ynlebnms p4umw nudubnnn rcnled cvmcaru (Cnr n omn nv) T T Ev,!Dd.. .... t. Nw +rlom - iubl's fluo0le l E E bock vkinmCr Hmrlmpr nrger SSC (1) Wlzl tem Svm. ... IBM— T Slemn AnugnOi lSrenrn rinuenWi eealelern do L"'11" T T Budnluiixwurbbr Vemrinvn hrrtlun.nii E FISH iuNrxnhaawfish vnni.. Ir"imim F, nwM U.'rc)'dw4l M, ulu. nrammralur SSC I1, SIAMMAIS Iwhak lN4ren1,prern bnrra(is E fin whah lfinba0k wlwkl 2d..... upin'ealue E E Fuba4¢nnpinnrdis (B.4rana Nnnh NBOiniyM whnk W""do, inty. 1,unrnlis 1) E E FbW,.,oBbm E.—,,, pknrainur ryrn'Amurs E hOlpb.k wME M""'....... gtine E E Ca bbean nnk zeal At I rnplr.1" E Frey Wh ) nk Mu.aeLn�i.vnr rrrrgiadunxir 'I nPen wMk Yhcmmr mncrorephnI., E FbPoa paM r Pumn (Fellsl m..... n'i E E BE C,p ,x k,x vRdrrel .Sciums nigef urimnrrl1, T To,h,hus o.m,e4.Im,- Fhrxt a, rvllnn nnwlee (TrI h,ch,4,nnnnl It,) E E Fbnlabb &bear L /nus,mren'ennus,pnddrvmx T, REM US NreAnn .Itieamr Alliy1,0v mirnix+ipplen.A' SSC (I,3) TS /A bp¢edeuA xt..v Grrcr.r11 -1. T T yreev"a'ta k Che4min nrvdu.s E 6R T. Mciiu�n cnxxWlp C"o"Ah"a, 1,x E T karfrrbm'lc zeanm@ lkrmurbdssr1,nnrrn E F' Pu,aminligrsmke On'm mhnr .... T T hvuksUll n:➢nOE Lre1m 10, nnhriann E E grpher mrtane Gopheruspalphrmu.r T Kelrp'v nlCY nclnah b,,,lnrhrlr., kevnpii E E INVERTEBRATES MOLLUSKS Fk,,I,,re ,nag L,,,,,frsrha., SSC (I) WAS I'S NONH) Project: RENDA BROADCASTING CORP, BLACK & VEATCH TAMPA 0111 Figure 4. List of USFWS and FWC protected species for Collier Co., Fl. Ramsey Inc. CnvlronmentW Com Wong RENDA, BLACK & VEATCH TAMPA 01 1, 5860 Crews Road, PID 26,314" St. NW Naple,v, FL 34120 00405160008, Sec 08, Twn 50, Rge 26, totaling approx. 4.77 acres. 239.5e4.1660 PROTECTED SPECIES/WILDLIFE FIELD SURVEY SHEET CUMLATIVE TOTALS PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK A VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09/24- 10/04/2008 ALL SURVEYS BLUEJAY AM & PM TOTAL COUNT OBSERVER: MICHAEL R. RAMSEY TIME START: 0630 AM TIIME END: 1945 PM WIND: 0 -15 TEMP: 69 -83 F RAIN: NONE CLOUD COV: 10 -80 % WATER: COMMENTS MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE Project: RENDA BROADCASTING CORP, BLACK & VEATCH TAMPA 0111 Figure 5. Cumulative totals for Protected Species / Wildlife Survey. Daily field sheets in Appendix C. Ramsey Inc. Environmental Consulting RENDA, BLACK & VEATCH TAMPA 011, 5860 Crews Road, PID 2631 4`° St. NW 00405160008, Sec 08, Twn 50, Rge 26, totaling approx. 4.77 acres. Naples, F. 34120 239.564.1660 TOTAL BIRDS COUNT RED SHOULDERED HAWK 1 BLUEJAY 14 CARDINAL 7 PILEATED WOODPECKER 11 CAT BIRD 2 EASTERN BLUEBIRD 27 GREAT EGRET 1 MOCKING BIRD 23 HAIRY WOODPECKER 3 RED BELLIED WOODPECKER 15 MOURNING DOVE 15 VULTURE BLACK 2 MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE Project: RENDA BROADCASTING CORP, BLACK & VEATCH TAMPA 0111 Figure 5. Cumulative totals for Protected Species / Wildlife Survey. Daily field sheets in Appendix C. Ramsey Inc. Environmental Consulting RENDA, BLACK & VEATCH TAMPA 011, 5860 Crews Road, PID 2631 4`° St. NW 00405160008, Sec 08, Twn 50, Rge 26, totaling approx. 4.77 acres. Naples, F. 34120 239.564.1660 EAGLE NEST MAP OCTOBER 2008 PROJECT: BLACK & VEATCH TAMPA 011 Figure 6. Location of Eagles Nests in Colier Co. as of October 2008.; Ramsey Inc. source FWC eagle website. Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road P1 00405160008 2631 4th St. NW Sec 08 Twn 50 R e 26 totaling a rox. 4.77 acres. ° Naples, FL 34120 9 , g pp 239.564.1660 PANTHER TELEMETRY 1981 -2007 1 00 _ • • • • 1 •1 • _ • `� • • •• • _ 0 0 0 • if ~ • • ♦ • ft ' • 4V• ! 7 •� • *6 ♦ • • - • ♦ • ♦ • • ♦• • • • �� • M • • • Roads • • • Panther telemetry data 1981 2002 • • Panther telemetry data 2003 2006 • Panther telemetry data 2007 RENDA PARCEL Panther Habitat Focus Area 2006 Dec • Original Panther Consultation Area • . Panther secondary zone Panther primary zone N PROJECT: BLACK & VEATCH TAMPA 011 E. RENDA BROADCASTING CORP. S Figure 7 Panther telemetry form 1981 -2007 in Colier Co. Source FWC. Ramsey Inc. Env! ronmen alconsu lt ing BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. NW Sec 08 Twn 50 R e 26 totaling a rox. 4.77 acres. Naples, FL 34120 � g � g PP 239.564.1660 :1=FA\:i0:3M=1►`il=M9; Y �� `t 1 K V i i L AN V = J i, [ljp � —A, �Sf'�.1.L�, i IW ._ 1 Tla F4 -Al �. IM L- •INATM 9 [* APPENDIX A. FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN November 2007 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION APPENDIX A. CONTENTS APPENDIX A. PREFACE This document consolidates the official state of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A - 27.004, and 68A- 27.005, respectively, Florida Administrative Code (F.A.C.) http: / /fac.dos.state.tl.us /. The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via Chapter 513-40, F.A.C. This list of plants can be obtained at http: / /www.fl- dofcom /forest management /plant conserve list.html. The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration- National Marine Fisheries Service (NOAA -NMFS) and U. S. Fish and Wildlife Service (USFWS). The NOAA -NMFS is responsible for listing most marine species. The federal list of animals and plants is administered by the USFWS, and this list is published in 50 CFR 17 (animals) and 50 CFR 23 (plants). Additional information regarding federal listings can be located at the following websites; NOAA -NMFS - littp: / /www.ninfs.noaa.eov and USFWS - http: // endangered .fws.Qov /wildlife.html #Species. Please note that while the FWC has published a consolidated list of state and federally listed species in the past, we now only publish a list of species listed within the state of Florida. This list will be maintained and available at our agency website: http: / /www.myfwc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA -NMFS websites mentioned above. It is our intent by providing the list in this manner that we will be able to maintain a current list that is more readily available to the public. I would like to thank the following people who assisted in revising this list; Tom Logan, Jeff Gore, Paul Vincent, Paul Moler, George Wallace, Jim Rodgers, Karl Miller, Ted Hoehn, Darrell Scovell, Gray Bass, Kelly Donnelly, Elsa Haubold, Kipp Frohlich, Bill Brooks and the USFWS staff. Special appreciation is expressed to Ms. Angela T. Williams, Ms. Christine Yannett and Ms. Kat Diersen for their assistance with preparation of this document. • Common and scientific names listed first are as they appear in the FWC "Florida Wildlife Code Title 68A" (F.A.Q. Common and/or scientific names following this and located within parentheses O contain names as used by USFWS, or other commonly used names. Bradley J. Gruver, Ph. D Endangered Species Coordinator Species Conservation Planning Section Cover Photos by FWC Staff: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short- tailed Snake. ii APPENDIX A. NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 11 10 4 0 27 SSC 10 5 7 18 6 4 50 TOTAL 15 5 24 36 30 8 118 APPENDIX A. OFFICIAL LISTS Common Name Scientific Name Status FISH Atlantic sturgeon Gulf sturgeon) Acipenser oxyrinchus Aci enser ox rinchus desotoi SSC (1) shortnose sturgeon Aci enser brevirostrum E shoal bass Micro terus cataractae SSC 1,2 Suwannee bass Micro torus notius SSC 1 rivulus (mangrove rivulus Rivulus marmoratus SSC (1) Lake Eustis pupfish Cyprinodon varie atus hubbsi SSC 1 blackmouth shiner Notro is melanostomus E bluenose shiner Pteronotro is welaka SSC (1,2 saltmarsh to minnow Fundulus 'enkinsi SSC 1) key silverside Menidia conchorum T crystal darter C stallaria as rella T harlequin darter Etheostoma histrio SSC (1 okaloosa darter Etheostoma okalossae E Southern tessellated darter (tessellated johnny darter ) Etheostoma olmstedi maculatice s SSC (l) key blenny Starksia starcki SSC 1 AMPHIBIANS flatwoods salamander Amb stoma cingulatum SSC Georgia blind salamander Haideotriton wallacei SSC 1,2 pine barrens treefrog H la andersonii SSC 1 Florida bog frog Rana okaloosae SSC 2 gopher frog Rana ca ito SSC 1,2 REPTILES American alligator Alligator mississippiensis SSC 1,3 American crocodile Crocod lus acutus E key rin neck snake Diado his punctatus acricus T Eastern indigo snake Drymarchon corals cou eri T red rat snake Elaphe guttata SSC, (1 Atlantic salt marsh water snake Atlantic salt marsh snake Nerodia clarkii taeniata T APPENDIX A. Common Name Scientific Name Status Florida pine snake Pituophis melanoleucus mu itus SSC (2) short- tailed snake Stilosoma extenuatum T Florida brown snake Storeria dekayi victa —T1 rim rock crowned snake Tantilla oolitica T Florida ribbon snake Thamnophis sauritus sackeni T' bluetail mole skink Eumeces e re ius lividus T Florida Key mole skink Eumeces e re ius egreg i us SSC 1 sand skink Neose s re noldsi T gopher tortoise Go herus polyphemus T Barbour's map turtle Gra tem s barbouri SSC 1,2 alligator snapping turtle Macroelem s temmincku SSC 1 striped mud turtle Kinosternon baurii El Suwannee tooter Pseudemys concinna suwanniensis SSC (1,2) loggerhead seaturtle (loggerhead sea turtle Caretta caretta T green seaturtle (green sea turtle) Chelonia mydas E leatherback seaturtle leatherback sea turtle Dermochelys coriacea E hawksbill seaturtle hawksbill sea turtle Eretmochelys imbricata E Kemp's ridley seaturtle Kem 's ridley sea turtle Lepidochelys kempii E BIRDS piping lover Charadrius melodus T snowy plover Cuban snowy plover) Charadrius alexandrines T American oystercatcher Haemato us palliatus SSC 1,2 brown pelican Pelecanus occidentalis SSC 1) black skimmer R ncho s ni er SSC 1 least tern Sterna antillarum T roseate tern Sterna dougalli Sterna doe allii doe allii T lim kin Aramus guarauna SSC 1 reddish egret E retta ru escens SSC 1,4 snowy egret E retta thula SSC 1) little blue heron E retta caerulea SSC 1,4 tricolored heron E retta tricolor SSC 1,4 APPENDIX A. Common Name Scientific Name Status white ibis Eudocimus albus SSC 2 Florida sandhill crane Grus canadensls pratensis T whooping crane Grus americans SSC 5 wood stork M cteria americana E roseate spoonbill Platalea a'a'a SSC 1,4 burrowing owl Florida burrowing owl Athene cunicularia Athene cunicularia floridana) SSC (1) crested caracara Audubon's crested caracara Caracara cheriway Pol borus plancus audubonii T peregrine falcon Falco peregrinus E Southeastern American kestrel Falco s arverius paulus T bald eagle Haliaeetus leucoce halus T osprey Pandion haliaetus SSC 1,2 snail kite (Everglades snail kite Rostrhamus sociabilis plumbeus E Florida scrub j ay A helocoma coerulescens T Cape Sable seaside sparrow Ammodramus maritimus mirabilis E Florida grasshopper sparrow Ammodramus savannarum oridanus E Scott's seaside sparrow Ammodramus maritimus eninsulae SSC (1) Wakulla seaside sparrow Ammodramus maritimus uncicolus SSC (l) white- crowned pigeon Columba leucoce hala T Kirtland's warbler Dendroica kirtlandii E Bachman's warbler Vevmivora bachmanh E ivory-billed woodpecker Cam e hilus principalis E red - cockaded woodpecker Picoides borealis SSC Marian's marsh wren Cistothorus palustris marianae SSC (1) Worthington's marsh wren Cistothorus palustris griseus SSC (1 MAMMALS Florida panther Puma concolor coryi Puma =Felis concolor co i E Florida black bear Ursus americanus Jloridanus T3 Everglades mink Mustela vison ever ladensis T key deer Odocoileus virginianus clavium E APPENDIX A. Common Name Scientific Name Status Lower Keys marsh rabbit S lvila us palustris he neri E Big Cypress fox squirrel Sciurus ni er ovicennia T Sherman's fox squirrel Sciurus ni er shermani SSC 1,2 Eastern chipmunk Tamias striatus SSC I Sanibel Island rice rat Oryzomys palustris sanibeli SSC 1,2) silver rice rat rice rat, lower FL Keys) Oryzomys argentatus O zom s palustris natator E Key Largo woodrat Neotoma floridana smalli E Key Largo Cotton Mouse Peromyscus gossypinus alla aticola E Choctawhatchee beach mouse Peromyscus polionotus allophrys E Southeastern beach mouse Peromyscus polionotus niveiventris T Anastasia Island beach mouse Peromyscus polionotus hasma E St. Andrews beach mouse Peromyscus polionotus eninsularis E Perdido Key beach mouse Peromyscus polionotus triss Ile sis E Florida mouse Podom s oridanus SSC (1) Florida mastiff bat Eumo s glaucinus floridanus E gray bat M otis grisescens E Indiana bat M otis sodalis E Florida saltmarsh vole Florida salt marsh vole Microtus pennsylvanicus dukecompbelli E Sherman's short- tailed shrew Blarina carolonensis [= brevicaudaj shermani SSC (2) Homosassa shrew Sorex lon irostris eionis SSC 2 sei whale Balaeno tera borealis E fin whale finback whale Balaenoptera physalus E North Atlantic right whale (right whale) Eubaloena glacialis (Balaena glacialis [incl. australis ]) E humpback whale Me a tera novaean liae E sperm whale Ph seter macroce halus E Florida manatee West Indian manatee Trichechus manatus latirostris Trichechus manatus E APPENDIX A. Common Name Scientific Name Status INVERTEBRATES CORALS pillar coral Dendro ra c lindrus E CRUSTACEANS Panama City crayfish econfina crayfish) Procambarus econfinae SSC (1) rims sink crayfish Santa Fe cave crayfish) Procambarus erythrops SSC (1) black creek crayfish Procambarus pictus SSC 1 INSECTS Miami blue butterfly Cyclargus [= Hermiargus] thomasi bethunebakeri E Schaus' swallowtail butterfly Heraclides aristodemus onceanus E MOLLUSKS Florida tree snail Li uus fasciatus SSC 1) Stock Island tree snail Orthalicus reses Orthalicus reses [not incL nesod as E APPENDIX A. KEY TO ABBREVIATIONS AND NOTATIONS List Abbreviations FWC = Florida Fish and Wildlife Conservation Commission E = Endangered T = Threatened SSC = Species of Special Concern Reasons for SSC listings prior to January 1, 2001 are indicated by the number in parenthesis under the following criteria: (1) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A- 27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited. F( WC) Lower keys population only. 2 Monroe County population only. } Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. TESS : Threatened & Endangered Species System U.S. Fish & Wildlife Service Threatened & Endangered Species System Florida Notes: APPENDIX A. • This report shows the species listed in this state according to the Federal Register listing description. • This list does not include experimental populations and similarity of appearance listings. • This list includes species or populations under the sole jurisdiction of the National Marine Fisheries Service. • Click on the highlighted scientific names below to view a Species Profile for each listing. Page 1 of 4 Listed species (based on published population data) -- 114 listings Animals -- 59 ** *NOTE: The green sea turtle is listed 2 times under animals. So the actual number Status Species /Listing Name listed is- 58 Animals and 113 Total. T Bankelimber, purple (mussel) (Elliptoideus sloatianus) E Bat, gray (Mvotis grisesc_ens) E Beetle, American burying (Nicrophorus americanus) E Butterfly, Schaus swallowtail (Heraclides aristodemus ponceanus) T Caracara, Audubon's crested FL pop. (Polyborus plancus audubonit) T Coral, elkhorn (Acropora palmata) T Coral, staghorn (Acropora cervicornis) T Crocodile, American FL pop. (C_rocodus acutus) E Curlew, Eskimo (Numenius borealis) E Darter, Okaloosa (Etheostoma okaloosae) E Deer, key (Odocoileus virginianus clavium) T Jay, Florida scrub (Aph_elocoma coerulescens) E Kite, Everglade snail FL pop. ( Rostrhamussociabilisplumbeus) E Manatee, West Indian (Trichechus manatus) E Moccasinshell, Gulf (Medionidus penicillatus) E Moccasinshell, Ochlockonee (Medionidus simpsonianus) E Mouse, Anastasia Island beach (Peromvscus polionotus phasma) E Mouse, Choctawhatchee beach (Peromyscus polio_n_otus allophrys) E Mouse, Key Largo cotton (Peromyscus gossy ipnus allapaticola) E Mouse, Perdido Key beach (Peromyscus polionotus trissyllepsis) T Mouse, southeastern beach (Peromyscus polionotus niveiventris) E Mouse, St. Andrew beach (Peromyscus polionotuspeninsularis) E Panther, Florida (Puma (=Fe Lis) concolor corV�) E Pelican, brown except U.S. Atlantic coast, FL, AL (Pelecanus occidentalis) http: / /ecos.fws.gov /tess_ public / /pub /stateListing.jsp ?state =FL &status= listed 10/8/2008 TESS : Threatened & Endangered Species System APPENDIX A. E Pigtoe, oval (Pleurobemapyriforme) T Plover, piping except Great Lakes watershed (Charadrius melodus) E Pocketbook, shinyrayed (Lampsilis suban ug lata) E Rabbit, Lower Keys marsh (_Sylvilagus palustris hefnert) E Rice rat lower FL Keys (Oryzomyspalustris natator) T Salamander, flatwoods (Amy stoma cinaulatum) E Sawfish, smalltooth (Pristis _ectinata) E Sea turtle, green FL, Mexico nesting pops. (Chelonia mydas) T Sea turtle, green except where endangered (Chelonia mydas) E Sea turtle, hawksbill (Eretmochelvs imbricata) E Sea turtle, Kemp's ridley (Lepidochelys kem�if) E Sea turtle, leatherback (Dermochelys coriacea) T Sea turtle, loggerhead ( Caretta caretta) E Seal, Caribbean monk (Monachus tropicalis) T Shrimp, Squirrel Chimney Cave (Palaemonetes cumminat) T Skink, bluetail mole (Eurn s ogreyius lividus) T Skink, sand (Neosepsreynoldsi) T Slabshell, Chipola (Elliptio chipolaensis) T Snail, Stock Island tree (Orthalicus reses (not incl. nesodryas)) T Snake, Atlantic salt marsh (Nerodia clarkii taeniata) T Snake, eastern indigo (Drymarchon corais_coupen) E Sparrow, Cape Sable seaside (Ammodramus maritimus mirabilis) E Sparrow, Florida grasshopper (Ammodramus savannarum floridanus) E Stork, wood AL, FL, GA, SC (Mycteria americana) T Sturgeon, gulf (Acipense_r oxyrinchus desotoi) E Sturgeon, shortnose (Acipenserbrevirostrum) T Tern, roseate Western Hemisphere except NE U.S. (Sterna dougallii dougallit) E Three - ridge, fat (mussel) (Amblema neislerit) E Vole, Florida salt marsh (Microtus pennsylvanicus dukecampbellt) E Whale, finback (Balaenoptera p_hysalus) E Whale, humpback (Megaptera novaeangliae) E Whale, right (Balaena glacialis(incl. austral_is)) E Wolf, gray Lower 48 States, except where delisted and where EXPN. Mexico. (Canis lupus) E Woodpecker, red - cockaded (Picoides borealis) E Wood rat, Key Largo (Neotoma floridana sma16) Page 2 of 4 http: / /ecos.fws.gov /tess_ public / /pub /stateListing.jsp ?state =FL &status = listed 10/8/2008 TESS : Threatened & Endangered Species System APPENDIX A. Status Species /Listing Name E Aster, Florida golden (Chrysopsis floridana) E Beargrass, Britton's (Nolina brittoniana) E Beauty, Harper's (Harperocallis flava) E Bellflower, Brooksville (Campanula robinsiae) T Birds -in -a -nest, white (Macbridea alba) E Blazingstar, scrub (Liatris ohlingerae) T Bonamia, Florida ( Bonamia grandiflora) T Buckwheat, scrub (Eriogonum longifolium var.. gnaphalifolium) T Butterwort, Godfrey's (Pinguicula ionantha) E Cactus, Key tree (Pilosocereus robinii) E Campion, fringed (Silene polypetala) E Chaffseed, American (Schwalbea americana) E Cladonia, Florida perforate ( Cladonia perforata) E Fringe -tree, pygmy (Chionanthus pygmaeus) T Gooseberry, Miccosukee (Ribes echinellum) E Gourd, Okeechobee (Cucurbita okeechobeensis ssp. okeechobeensis) E Harebells, Avon Park (Crotalaria avonensis) E Hypericum, highlands scrub ( Hypericum cumulicola) E Jacquemontia, beach ( Jacquemontia reclinata) E Lead - plant, Crenulate (Amorpha crenulata) E Lupine, scrub (Lupinus aridorum) E Meadowrue, Cooley's (Thalictrum cooleyi) E Milkpea, Small's (Galactia smallii) E Mint, Garrett's (Dicerandra christmanli) E Mint, Lakela's (Dicerandra immaculata) E Mint, longspurred (Dicerandracornutissima) E Mint, scrub (Dicerandra frutescens) E Mustard, Carter's (Warea carten) E Pawpaw, beautiful (Deeringothamnus pulchellus) E Pawpaw, four -petal (Asimina tetramera) E Pawpaw, Rugel's (Deeringothamnus rugelit) T Pigeon wings (Clitoria fragrans) E Pinkroot, gentian (Spigelia gentianoides) E Plum, scrub (Prunus geniculata) E Polygala, Lewton's ( Polygala lewtonil) Page 3 of 4 http : / /ecos.fws.gov /tess_ public/ /pub /stateListing.jsp ?state =FL &status = listed 10/8/2008 TESS : Threatened & Endangered Species System APPENDIX A. Polygala, tiny (Polygala sma116) E Pondberry (Linde ra melissifolia) E Prickly- apple, fragrant (Cereus eriophorus var_ fraarans) E Rhododendron, Chapman (Rhododendron chapmanii) E Rosemary, Apalachicola (Conrad_ina Igabra) E Rosemary, Etonia (Conradina etonia) E Rosemary, short- leaved (Conradina brevifolia) E Sandlace (Po/vaonella myrionhvlla) T Seagrass, Johnson's (Halophila iohnsoni�) T Skullcap, Florida (Scutellaria floridana) E Snakeroot (Ery glum cuneifolium) E Spurge, deltoid (Chamaesyce deltoidea ssp. deltoidea) T Spurge, Garber's (Chamaesycegarben) T Spurge, telephus (Euphorbia telephioides) E Torreya, Florida ( Torreya taxifolia) E Warea, wide -leaf ( Warea amplexifolia) E Water - willow, Cooley's (Justicia coolev�) T Whitlow -wort, papery (Paronych_ia chartacea) E Wireweed (Polygonella basiramia) E Ziziphus, Florida ( Ziziphus celata) FWS Endangered Species Home EGOS Home Contact ECOS Priva_q I Disclaimer Page 4 of 4 http: / /ecos.fws.gov /tess_ public / /pub /stateListing.jsp ?state =FL &status = listed 10/8/2008 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09/24- 10/04/2008 ALL SURVEYS AM & PM TOTAL COUNT OBSERVER: MICHAEL R. RAMSEY TIME START: 0630 AM TIIME END: 1945 PM WIND: 0 -15 TEMP: 69 -83 F RAIN: NONE CLOUD COV: 10 -80 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE TOTAL COUNT 1 14 7 11 2 27 1 23 3 15 15 2 4 1 1 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.24.08 AM OBSERVER: MICHAEL R. RAMSEY TIME START: 0645 AM TIIME END: 0930 AM WIND: NONE TEMP: 76 F RAIN: NONE CLOUD COV: 10 -20 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE COUNT PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.24.08 PM OBSERVER: MICHAEL R. RAMSEY TIME START: 1730 PM TIIME END: 1945 PM WIND: 10 -15 N TEMP: 81 F RAIN: NONE CLOUD COV: 40 -50 % WATER: COMMENTS BIRDS COUNT RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.26.08 AM OBSERVER: MICHAEL R. RAMSEY TIME START: 0630 AM TIIME END: 1000 AM WIND: NONE TEMP: 71 F RAIN: NONE CLOUD COV: <5 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE COUNT 1 2 1 2 5 1 2 2 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.26.08 PM OBSERVER: MICHAEL R. RAMSEY TIME START: 1715 PM TIIME END: 1930 PM WIND: 0 -5 N TEMP: 83 F RAIN: NONE CLOUD COV: 10 -20 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE COUNT 1 1 1 1 2 1 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.27.08 AM OBSERVER: MICHAEL R. RAMSEY TIME START: 0700 AM TIIME END: 1000 AM WIND: 0 -5 N TEMP: 72 F RAIN: NONE CLOUD COV: 70 -80 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE [i1�P►11 1 4 1 2 1 3 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.27.08 PM OBSERVER: MICHAEL R.RAMSEY TIME START: 1715 PM TIIME END: 1930 PM WIND: 0-5S TEMP: 81 F RAIN: NONE CLOUD COV: 50 -60 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE COUNT 1 1 4 5 1 2 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 09.30.08 PM OBSERVER: MICHAEL R. RAMSEY TIME START: 1700 PM TIIME END: 1930 PM WIND: 0 -5 N TEMP: 80 F RAIN: NONE CLOUD COV: 70 -80 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE COUNT 1 2 1 1 t r r. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 10.03.08 OBSERVER: MICHAEL R. RAMSEY TIME START: 0645 AM TIIME END: 0930 AM WIND: 0 -5 N TEMP: 69 F RAIN: NONE CLOUD COV: 10 -20 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE [4101110111 2 1 2 4 3 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 10.03.08 PM OBSERVER: MICHAEL R. RAMSEY TIME START: 1730 PM TIIME END: 1745 PM WIND: NONE TEMP: 83 F RAIN: NONE CLOUD COV: 10 -20 % WATER: COMMENTS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PLEATED WOODPECKER CAT BIRD EASTERN BLUEBIRD GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER MOURNING DOVE VULTURE BLACK MAMMALS RACCOON COUNT 1 1 2 2 3 2 2 REPTILE SLENDER GLASS LIZARD 1 BLACK RATE SNAKE PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: BLACK :& VEATCH TAMPA 011 COUNTY: COLLIER DATE: 10.04.08 AM OBSERVER: MICHAEL R. RAMSEY TIME START: 0645 AM TIIME END: 0945 AM WIND: 00 -5 N GREAT EGRET TEMP: 83 F RAIN: NONE RED BELLIED WOODPECKER CLOUD COV: 10 -20 % WATER: COMMENTS BIRDS COUNT RED SHOULDERED HAWK BLUEJAY 2 CARDINAL 2 PILEATED WOODPECKER 1 CAT BIRD EASTERN BLUEBIRD 5 GREAT EGRET MOCKING BIRD 2 HAIRY WOODPECKER 2 RED BELLIED WOODPECKER 2 MOURNING DOVE 3 VULTURE BLACK MAMMALS RACCOON REPTILE SLENDER GLASS LIZARD BLACK RATE SNAKE Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation WETLANDS JURISDICTIONAL DETERMINATION (5 COPIES ATTACHED) I PAY 6 ? i,;5.' Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsev Inc. LEP, CWB, CFEA, REPA, CEHP LEP - Licensed Environmental Professional CWB - Certified Wildlife Biologist CFEA - Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP - Certified Environmental Health Professional OSHA 5— Hazardous Materials Incident Commander 08 October 2008 Ms. Jody Lima Black & Veatch Corp. 601 Walnut Street Suite 550 W Philadelphia, PA 19106 Ms. Lima, E -mail: Ramsey.Ine @embargmail.com Office: 239.564.1660, Fax: 866.334.1496 2631 4t' St. NW, Naples, FL 34120 www.ramseyinc.net PROJECT: Renda Broadcasting Corp., Black & Veatch Tampa 011; PID 00405160008; Street Address: 5860 Crews Rd. ; City: Naples ; State: FL; County: Collier; Sec 08 Two 50 Rge 26; Road Frontage: 330 feet; Acres: 5.0 This letter is in response to your request for a review of the project property as described above per the rules of the Florida Department of Environmental Protection (DEP), the South Florida Water Management District (SFWMD), and/or the U.S. Army Corps of Engineers ( USACOE) for the presence of jurisdictional wetlands and/or surface waters and the need for permits (Figures I and 2). To determine if jurisdictional wetlands are present 3 components (soils, vegetation, and hydrology) of a parcel of property are investigated for wetland characteristics. If any 2 of the components have wetland characteristics then DEP /SFWMD claim jurisdictional wetlands. If all 3 components have wetland characteristics then the USACOE claims jurisdictional wetlands also. Depending on the situation permits could be required from DEP /SFWMD and USACOE prior to commencement of any type of construction activity in jurisdictional wetlands. DEP and USACOE claims Old Farm Field Ditches as jurisdictional surface water areas if they are generally 2 feet or wider, have a side slope greater than 3:1, supply water to a wetland, and there is no current permit in effect on the property. SOILS. The soils are mapped by the Natural Resource Conservation Service (NRCS) for Collier Co. The soils present are #14 Pineda (H), and #21 Boca. The #14 soil is considered to be a wetland soil type by NRCS (Figure 3). Soil sampling onsite did reveal wetland characteristes in the 624, and 419 areas. VEGETATION. The vegetation on the property is defined by the Florida Land Use, Cover and Forms Classification System (FLUCFCS, Figure 4,5,6) as: #1 & #2 624 Cypress Pine Palm/ DEP,USACOE Jurisdictional Wetland 3.79 acres; #3 740/310 Disturbed Land /Crass Prairie DEP /SFWMD, USACOE Upland 0.15 acres; #4 740/8212 Distrubed Land /Communication Towerrs DEP /SFWMD,USACOE Upland 0.38 acres; #5 740/8145 Distrubed Land /Access Driveway DEP /SFWMD,USACOE Upland 0.22 acres; 46 & 47 419 Other Pine DEP /SFWMD,USACOE Jurisdictional Wetland 0.23 acres; HYDROLOGY. Last, for DEP /SFWMD there were indications of hydrology on the property in the 624 areas. For USACOE, there were indications of hydrology on the property in the 624 areas. However, USACOE can assume there is hydrology when wetland vegetation and NRCS hydric mapped soils are present. Therefore, the 419 areas are assumed to have hydrology present. CONCLUSION. This review of the property indicates that there are jurisdictional wetlands on the property as delineated by the by the 624 and 419 areas. Renda Broadcasting Corp, Black & Veatch Tampa 011 Pid 00405160009, 5860 Crews Rd. Initial Evaluation 08 October 2008 Page 2 Construction or land clearing activities on this parcel will require an Environmental Resource Permit (ERP) from DEP /SFWMD for impacts to jurisdictional wetlands and /or surface waters if any part of the 624 areas are impacted. It will also require a US Army Corps of Engineers (USACOE) permit for impacts to wetlands, and a review by US Fish and Wildlife Service (USFWS) for impacts to Florida panther and /or wood stork habitat if any of the 624 and/or 419 areas are impacted. This property would be considered "connected to a TNW" by USACOE. Please note that this review was done prior to you having a Surveyor mark the corners of your selected lot and the boundaries were estimated. Indicated wetland lines may change due to the DEP permitting process and closer investigation. If this evaluation is more than I year old, the property needs to be revisited to note any changes. Please call if you have any questions. Best regards ��Z! Michael R. Ramsey President PROJECT LOCATION MAP COLLIER COUNTY, FL 5 0 5 10 15 Miles PROJECT: BLACK & VEATCH TAMPA 011 RENDA BROADCASTING CORP. Figure 1. Project Location Map; Ramsey Inc. Environmental Consulting BLACK & VEATCH TAMPA 011, 5860 Crews Road, PID 00405160008, 2631 4th St. NW Naples FL 34120 Sec 08, Twit 50, Rge 26, totaling approx. 4.77 acres. 23 TV 5068A. •r11 =tiaRIIIIIII I► 0I 14 4 11 TIT . ECT: BLACK & VEATCH T Figure 3 . Soil Map of project location. Source US Dept. of Agrlculture, Natural Resource Conservation Service, T890, Ramsey Inc. Soil Surveys, Flolrida; Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. 41 Sec 08 Twn 50 R e 26 totaling a ' Napples FL 34120 g , g pprox. 4.77 acres. 238.56$.1680 =1:4I.1MT1 EL11 "iL!IMTI=Lh=1rLei ► ■►'�I'1, t +• � .'>� ,fit �' y�i� �i/ y� =� } „�-+i �,?'�.r t� r# ,.; mss. � �: ?-� ., � "'� C � , ;€ ,� � y�� -"� r. '�' `,n'y �ae, ,� � '�<. '. C►� � �' A ' a .i �+ +¢'TMs � _ � „ � NCR. � ^ii�� y ;3', � ��. a� "� a �- � ��1 '�►! � � �� r!�,_y'�y�� - 1 b + It �+3-1►``' s��l,`,<y �tr� yip �'i�`�1�►4� �., 4 �.FJf3a 1 1 •..'�. �,`.. ,'� �t �.s �y f,`'�°•��s',�1. '� �f `�. `,��'�1 ,..... f 44 -3i lti ury 4--. ' Y P.1 Wy" A_ '47 J:1• gq gg'- S ' + TAMPA 011 ' ATRAr. r_i1rP.P_ eS 1r A 1 � =.' " 101 -- Figure 6. Zoom Out Aerial; Ramsey Inc. Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. NW Sec 08 Twn 50 R e 26 totaling a ' Naples, FL 34120 g , g pprox. 4.77 acres. 239.564.1660 PROJECT: BLACK & VEATCH TAMPA 011 Figure 6. Zoom Out Aerial; Ramsey Inc. Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. NW Sec 08 Twn 50 R e 26 totaling a ' Naples, FL 34120 g , g pprox. 4.77 acres. 239.564.1660 SITE PHOTOS PROJECT: BLACK & VEATCH TAMPA 011 Figure 12. Site Photos; DATE 10.03.08 Ramsey Inc. Environmental Consulting BLACK & VEATCH TAMPA 011 5860 Crews Road PID 00405160008 2631 4th St. NW Sec 08 Twn 50 R e 26 totaling a rox. 4.77 acres. Naples, 1 34120 9 � g PP 239.564.1660 DEPIWMD WETLANDS DETERMINATION FIELD WORK SHEET Dale: 09.22.08 Pmaees.l: MICHAELR.RAMSEY. RAMSEY NC CLIENT: BLACK& VEATCH TAMPA 0111 RENDA BROADCASTING MAP FwOCS CODE TOO DISTURBED LAND ED PROPERTYLEGAC PONO51600M END CREWS ROAD 8212 COMMUNICATION TOWER 6105 ACCESS DRIVEWAY DITCHES: TCHESAFEASPECULUTEf PLATYEOEF THEV Ala wrwETUros.6ur ARE JUwsOlcnomwL eECA1rsE TlEV ARE THEr AIa olclMOrrE rowArvo wvErornHERPEIwTS ACnvE CacEIwlw TIEIB wEwnw Ca FUNCTION DITCHES ARE 111iId0II JAL 6ECnusE THEY ARIECr SURFACE WATERS SEE SL SE ME. 11H :v, UP TEEPER Aro ARE MEASDAED F. TUT OF 6ANr roroP CF BANK DITCHES PRESENT: MIND XXSEERG4 W NIA XX YES_ NO_FUNCTONAL NIA XX YES NO JURISDICTIONAL; SURFACE WATER VEGETATION: VACTLAND YES NO XX CANOPY I103ICATORSTRATA: CH. 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CEPHALANTHUS 0. IDENTALIS1.1 _ TICKS AUREAIFI OHRYSOBALANUS ICAG. FW1 % ANNONA GLABRA 1.) _46 MYRSI NE CIAMEN$ I'calluu IYmI-a(1) Cl FAIL. NUTTALLI FWI I BACOPA(0) UIO$PYRO$ VIRGINIANA 111 COMMELINA SP OWI a CLACIUM JAMAICENSE(0) _I EUGENIA OUMIM IF) I CONOCARPU$ E RECTUG PAS _. CICHROME NA LATIECLIA(0) _% °i. ACACIA PUT ICULI FORM EGF) GOREOPSI9 SP(FVII a ELEOCHARIS SP(OI GROUNDCOVER XXXX INDICATORSTRATA: CHARACTERIZED VEGETATION HAS TO BE 10% OR MORE OF AREAL COVERAGE NA %FAC 10.M% FAC W 0 % DOE Y° TRUE ELLOTTI V DENEAT) O LERCUCCAURIFOLIAIFW I . TAXODI UM DISTICHI UMIO) PALMETTOEI I ACER RUBRUMIFWI PERSEA PALUSTRI$ iprchase I.) _%SABAL sal CERIFERAIF) I CORNUS FOEMINA (Fact ILEX OAKS I NE (0) _% °i. SG DN11 TERES IMHI FOLI USIFI III °% AMPHICARPUM MUHL EGERGANIUM dFVXr I SALES CAROLIANA10) °e MELALEUCA OUINOUENERVIAIFI BLECNNUM SERRUISIO a FRAXI NUS CAROLINIANA101 %$E RE.A REPENSAI CENTELLA ASI ATICA E vv' _. CEPHALANTHUB OCCICENTALIS ITS V. FICAS AUREAIFI OHRYSOBALANUS ICAG. 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POMEDERIA CORDATA (0) _ °. ERYNGI UM BALDWI NI I IFI HYPTIS ALATA IFW) . PROSERPINAGA SP(OI EUPATCRI UM SP IFI JUNCUS MAROINATUG(FW, . RHYNECOGPCRA(0) _% %EUTHAMIA GP IFI I LACHNOGAULON SP(BOGBUTTONKS) FWI _ . SAGITTARIA LANE IFCLIA(0) FI All SPATHACEAE) LINCERNIA GRANDIFLORA IEsi SETARIA MAGNA 101 or FORESTI ERA EEGREGATA(m MELANTHERA HASTATA FW) . 7YALI A GENICULATA0 /. ILEX OPAGA V OPACMF) PANIGUM REPENS FW) ° TYPHASP(0) _• °'. IMPERATA CYLINDRICA ITT COLON) I PASPALUM LIGULAPIS FW) _ °r. LACHNAMHEB CAROLIANAE) PLUGHEA CP OWI % LYONIA FERRUGI SEA F) RHEXIA SP I FW) °i. MELCOHIA CORCHMOIFOLIA IF) RUMEXVERTICILLATUS LFWI _ Y. MINANIA SCANDENS IFI SOLERIA he EXIT Et0 e. PHYLA$PIF) SOUOAGO(FW) % PCYCHOTRIA SP 41) CPARTINA BAKER I (FW) %FUELS SP (F1 THELYPTERIS BP VIS SHELD FERN °% BAMBUCUS GANADE NSIS(1) WCODWARCIA VIRG INICA FW) V CHN FERN .5 %GESBANIA SP IF) XYRIG CAROLINANA IFW) _Y. SETERIA GENICULATA El i. SMILAX IS (F) %TOF IGODENC RON RAOICANKSH S10 °% v ITIS ROTUNGI FOUA(F1 %wEDEL1A TRLOBATA HYDROLOGIC INDICATORS: ALGAL MATS _ WATER MARK' AUFWUCHS RAFTING OF DEBRIS SOILS: HYDRIC INDICATORS: �A6 Muck Fla... F5 They Dark Sunece F10 Mal AO Hyamgen SPITE Oaer Or modfice Layers A6 Organ[ Bruce A] 5cm Mucky Mlreall $a Says SCSI Malrlx $5 Gandy Rea[. IF Stepped Ma1ry Sr Dam awaze F2 Loam Gi Dome F6 Cepelaiee Made F16 Ummo Grokee YES NO XX _ADVENTITOUS ROOTS HYPERTROPHIC LEMICILS _ACTIVE CYPRESS KNEE$ FLOW CHANNELS YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES SURFACE WATER PRESENT A.1i MOSSES /LIVERWORTS DRIFT LINES VEGETATED TUSGOCKA HUMMOCKS _ELEVATED LICHEN LINES muckw value 0 orlaca..a..1 K less well F 5ultaoe e�t6 a depleted makephat has 60° %more cM1mme P or less destinB Bebw 12 -01 surface marlwYduec1511moreldchn well<'mswtam INS wM upper 6'n .layers Has ValuezV will comma l or, ando, ms muck more 51 muck muck mlrreral bMrm amrs, 6" Sol I11 oath, 6 "a1 the Coda[. yed TONS Ford occupies 60% IX mare OI a lI well 6TH of the soda.. .r all 6110111/ Has IF A add 4 I Mck C real w Isar mere in chmma2 aped al.aa owr.5,1 _m daml 10%of vea 0 %IiL °. ALB ISLA JULIBRIGGIN _ °. SURSERA SIMARUBA W) oua Lrm °%OUERCUS VIRGINANAIFUI _I STUD CEPALLINUM M 10 -20 %WL °EF ALBIZIA J ULIBRISGIN - °. AMBROSIA ARTEMISI IFOLIA IUI _ °. BURSERA $I MARUBA D)calllveo %CALLICARPA AMERICANA IUI Y.OENOHRUG SP Lh •4 CYNCDON DACTYLON IUI mime sEm b DACTYLIS GLOMERATAO) Y UACTYLOCTENI UM AEGYPTIUM IN ovxlmg� _ ° %DESMODIUMSPIUI _% ILEN ULAURAW) %LANTANA BUT _°.OXALIS STRICTA NI %PANIGUM MAXIMUM IUI'a'.' Pa as % PASPALUM NJTATUMA) X PILOBLEPMS RIGIDA M . ATYOPSI$i.crtailm"Ca ORAMI NIFOLIA IN _Y. PTERIOIUM GLEDITSCH UI annck Flax I PTERIECAULON PYCNOSTACBVUM IUI %OJERCUS OHATMNI ELU 4. UPRBUS VIRGINANAIUI °. CHUG COPALLINUM IUI Y° RHYNGHELYTRUM REPERKWI ixnxca.aCi 5.10 % SPERMACOCE SP. IUI e STENOTAPHRUM SECUNCATUM IN 1LOSTIP FAO %URENALOSATAIUI 6 %BARE GROUND _AQUATIC PLANTS BUMMELING _HYDROLOGIC CATA SEDIMENT OEPOGITION _AQUATIC FAUNA a O'thCk call wen 6- 01 scratee w value 3 or lass8 Idiom 1 or lase: roe. pemcles covela dyd,Mn madral ll. whmh ooaopme 60°.01 more of a layer among wen trot me evHaca east 6 track Sampttea had tbI 60 %ormole Mroma2orlesss1a111fgwIn10 "otsurface eve prelons en mersveam aMaes a aepr aeslone0arer 6- mlak FUTHO wm upper 5 vicalue O orl .asacommatOrle- AyM YE$ NO XX AREAL EX TENT OHL I UPC dyad[ sous: dydroo1OgY CEPSFWMD ill YES NO Of AREAL EXTENT PULL A FACW x 60% UPLAND 1emIW IIg FAC) CHICH YES NO XX MUCK SOILS D-sup YES NO XX HydmloDy SHE hectic soils .1.1.511. YES NO XX If dal,Ret rsHOOD an Re .P.-De Seeaunc Free... nl, p oe autl. ax.-. low_ ISOLATED YES NO XX MA CONNECTED YES_ NO XX NOT EXOTIC INFESTATION LEVELS ED- 0 %AREAL COVERAGE Ell -1 b25 %AREAL COVERAGE E2 -26 %50 %AREAL COVERAGE E9 -51 %T5 %AREAL COVERAGE E4 -76 %100% AREAL COVERAGE SOLDISSICESIXTIONS hall DEPTH; BE SOIL SAMPLE #3 F I ROCK REFUSAL $OIL SAMPLE #4 4070 As GANDYYJYOCKS SOIL TYPE #21 BOCA SOIL DISTURBED NOT NATURAL STATE OF FL: DEEP, SFWMD WETLAND: WETLAND YES NO XX JURSDOTIONAL DETERMINATION UPLAND ..�a..<.� YES XX NO �• __ SURFACE WATER JURISDICTIONAL YES NO _l DETERMNATION Ithe IF DITCHES SEE PRESENT AND Of AOOfTIONAL INFO: ^++rnx+ 'od"Hoa CONNECTED YES_ NO XX NOT EXOTIC INFESTATION LEVELS ED- 0 %AREAL COVERAGE Ell -1 b25 %AREAL COVERAGE E2 -26 %50 %AREAL COVERAGE E9 -51 %T5 %AREAL COVERAGE E4 -76 %100% AREAL COVERAGE SOLDISSICESIXTIONS hall DEPTH; BE SOIL SAMPLE #3 F I ROCK REFUSAL $OIL SAMPLE #4 4070 As GANDYYJYOCKS SOIL TYPE #21 BOCA SOIL DISTURBED NOT NATURAL Fort Fort R...... Ef AURICULIFOPMESffI GROUNDCOVER XXXX DEP/WMD WETLANDS DETERMNATION FIELD WORK SHEET Co. : 10.09.08 London— MIOHAEL R. RAWEY RAMSEY NC CLIENT SLACK& VEATCH TAMPA 0111. RENDA BROADCASTING MAP ELECTS CODE 419 OTHER PINE E1 PROPERTYLEGAC. PID0040516DOOB SBBO CREWS ROAD % OBL JURISDICTIONAL WETLAND DITCHES: 1NF111NR 1HFYAREwrWEnANS, BUTANE FUAISIDIDUCHAL SFCAHSE THEY ARE TEY ARE DIX: INrO GRxwAwHRggMeJ THHER PERMTS All Ce Ac ITHEIR TTHEEATE1SPECIFLCATFCA CPEPATCNCa FUNFLINK DITCHES AREIRFERO cIONAL SFCAUSETHEY AFFECT G. EWATERS. AIDE SLSFS AGE 4: IIH: VD OF SIFRI. AND ARE MEASURED FFan TOP CFSA NKTOTSISfiat« DITCHESPRESENT: YES NO XX SEE FIG NIA XX YES_ NO—FUNCTIONAL ACED RUBRUM(FWI NIA XX YES NO JURISDICTIONAL: SURFACE WATER _ VEGETATION: VV =TLAND YESXX NO CANOPY INDICATORSTRATA :C.A CTEN9 NBVEOETATIO .H.TOBE10 %ORMOREOFAEMALCOVERAGE WA %FAC 0 we FACW 0 % OBL 0 %ME SMO °Z PINUS ELLOTH V DENERSEI OUEACLO LAURIFOLIAIFW) TA %ODIUM DIBTICHIUMIO) %ALB121AINULRPCIN ke °56ABAL PALMETTORI _/e % ACER RUBRUM(FWI PERSEA PALUSTRIS EIREIRIA(0) % BURSERA DI MARUBA NI Fold USPO MYRICA TERIFERA(FI e CELICLAEVIGATA ILEX CASSINE(0) % OUERCUS VIRGINANAIFUI _% SCHINUS TEREBIM HERCIPSIFI . _ EACTIAROLIANA(0) _% %e MELALEWA OUINOUENERVIA(FI % FRAXI NUS CAROLINIANAIOI _% ACACIA AURIGULI FORMES(F) Other Of., OIMH- SUBCANOPY XX %X INDICATOR STRATA: CHARACTERIZING VEGETATION P. TO BE 10% OR MORE OF AERIAL COVERAGE WA %FAC 0 % FAC W c5 Se OBE 0 %CPL HD_FO Ye FINDS ELLOTH V DENSA(F) O UER(SUS LAURIFOLAFFAS a TAXODIUM DISTICHIUMIO) %e ALBIXIIA JULIBRISSIN YE °/e CABAL PALMETTOSE) ACER RUBRUMIFW) PERSEA PALLUTRIT Firmonsq, (o1 _% BURSERA SIMARUBA(U) Wn I.. °b MYRICACERIFERAY CELTIS LAEVIGATA d ILEX CASSFEE ICI °Y.OUER000 VIRGINARA FT _ ° /FOUR TEREBANTHAFOLAUSIFI CORNUS FOEMINA E ss' . SALAXCAROLAANA(OI _ °I° FLUX COPALL ANUM IN) _ Y° MELALEUCA OUl IJCUENERVIA(q FRAXI NUS CAROUNIANAIOI °%SERENOA REPE EST) _% OEPHALANTHUS 0.IDENTAUS (0) Fort Fort R...... Ef AURICULIFOPMESffI GROUNDCOVER XXXX INDICATOR STRATA: CHARACTERIZING VEGETATION HAS TO BE 10% OR MORE OF AERIAL COVERAGE WA %FAC 10 -20% FUND W 0 % OBL R. a.%P ONUS EL1 TTI VUENSA(F N, OUERCUS LAREPOLATEWI a TAXOUIUM DISTICHILARRA c5 °Ye RADIAL PALMETTOEI MUCK SOILS ACED RUBRUM(FWI a PERSEA PALLATRI S eoreorcn :(0) ME % MVRIGA CERIFERAL) Hydrology.M monc SOUS CORNUS FOEMpUk FWI ILEX CAS61 HE [OI °/ SCHINUS TE REBINTHI FOLI LISP) ME % AMPHICARPUM MUHLENBERGANIUM EVIL SALIX CAROLIANAIO) S10 ° %MELALEUCAOUINCUENERVIALF c5 ELECHNUMSERRUISIO FRAXINUSCAROLINIANA101 Sol %SERENO , REPENST) NIA XX CONNECTED YES_ al NA CENTELLA ASIATICA (FW) CEPHALANTHUS OGGIDENTALIS 1.) °e Fl CAS AUREAIFI S10 % CHRYSOBALANUS ICACC FWI a ANNONA GLABRA 101 SURD °/e MYR51NEGUTANENSIS 'RI-EX-11.Inn :IFl % CIRSIUM NUTTALLI (FWI _a PACERS IO) P IOSPVROS VIROINIANA IF) DETERMINATION COMMELINA SP FW) a CLAPIUM JAMAICENSE(0) _% EUOENIA LINES' IF) SURFACE WATER: OONECARPUS ERECTILE(FW) _a CIGHROME NA LATIFOLIA(0) % ACACIA AURIGULI FORMEE(FI JURSDICTIONAL CORECPSIG SP Evil I ELEOCHARIS SP 10) S10 %ANOROPOGONVIRGINICUS(F) e5 As CYPERUS LIGULARISESI ERIOCAULON SP(PIPEWORT51 SALA) 20.10 °'e AR ISTIDA STRICTA(FI mill a _% CYPERUS OOORATUB(FW] _I FUIRENA SGI RPODEA(0) % AXOHICPUS SP IFI DI CHROMENA COLOHATA fFWI FUNGUS SP 101 5,10 NY BACCHARIS HALMIFCLIA(FI I PIOOIA VI RGI NIANA(FWD LUOWIGIA SP (0) EIDERS FLORA IF) EUSTACHYS GLAUCA(FW) a LYTHRUMSP(OF %BUMELIA 11) FIMBRISTYLE ANNUA EW D NYMPHAEA SP (0) _ °Y. OIGITARI A PEROUNAIFI GLECITSIA TRI ACANTHOS IFWI MUHLENBEROIA CAITTLARIS(of IGSG0i BILL REERA IF') HELL AMHUS SP IFWI _% PANICUM HEMITOMJN ID) _1 % ERAOROSTIG GP IFI HYDROCOTYLE EP(FWI An POLYCONUM SLID) ERIGERON OUERCIFOLI US (1) HYPERICUM Al FWI _. POMEDEMA CORCATA IO) _% % ERYNGI UMSALDWIN111F1 HYPTIS ALATA(FWI a PROSERPINAGA SIX (0) °/e EUPATORI UM RE LET JUNCUS MARGINATUS IFWI _% RHYNCOGPORA(0) %EUTHAMIASPE) _ LACHNOCAULON SP(B)CEPUTCN)10 /FWI ° SAOITTARIA LANG IFOL IA (0) FI MEN ITYLIS PPATHACEAIFI L INDERNIA GRAAINFLORA IFWI % SETARIA MAGNA ICI % FORESTIERA EEGREOATA(FD MELANTHERA HASTATA (FOOL ° THALIA GENIGULATA(0) ILEX GLASS V OPACA(FI PANICUM REPENS( FWL m TYPHA RE (0) _. Y.I MPERATA CYLINCRIGA f% COGONI Y, PASPALUM LI OULARIS E RV) °Ye LACHNANTHEE CAROLIANA(F) PLUCHEA $P IFWI LYONIA FERRUGINEA IFI RHEXIA SP(FW) _°6 % MELCOHI A CORGHORIFOLIA(11 RUMEXVERTICILLATUS Ef Ye SHAMA SCANDENS IF) I PCLERIA SP(FW) 2090 %PHYLA SP ff) I SOLI DA00 PAY 5.10 %PSYCWTRIASP.L) SPARTINA BARREL (Pop °F RUBES SP LM I THELYPTER IS SO (F W) SHELD FERN %° SAMBUCUS CANAOENSIS IF) % WOODWAREIA VIRGIAGA FEW) V CNN FERN ES %SESPANIA SP IFf I XYRIS CAROLINANA Eli 2630 °% TOXIGODENDRON HAD I CANSE) 5i0 % Vms FOTUNERFOUA(F) % WEDE LA A TRLCBATA HYDROLOGIC INDICATORS: ALGAL MATS _WATER MARKS UFWUCHE _RAFTINI DEBRIS SOILS: HYDRIC INDICATORS: IMITSIOrs: AS Muck Precerce FE Took Dark TUllxe I I a haper Aa Hydrogen w111Ee odor AE Clregi Layers Afi Organic Bodies Al poor Mucky M.m. Se Sandy Seoul Matli. Sandy Redo, Efi Sinpped Marry BT Dan such.. F2 Loam G'eyed Malnx F3 DoWleted Mall F13 UmSnc Smaee YES NO XX _ADVENTITOUS ROOTS HVPERTROPHIC LEMICILS _ACTIVE CYPRESS KNEES FLOW CHANNELS YES XX NO _ YES YES YES YES YES YES YES YES YES YES YES YES YES _ NO NO _ XX 3 or less cnroma 1 or leas wan 6 "s Waw of 5 or more alal w1n 4 o Anthony, _SURFACE WATER PRESENT AQUATIC MOSSESILIVERVIORTS _DELFT LINES VEGETATE D TUSSCCKCIHUMMOCKS ELEVATED LICHEN LINES Oelow l 2' of A.,.,. or no,, , Xmud rlx whoa occupies 5 %or more of a layer win bin of IM sullse on R In of Sulfas TRY la at least ♦ In fork a nee m ,, wEOYe or mO Ye OXALIS PTRIGTA IUD PANICUM MAXI MUM (U) jakn ee PAPPALUM NIYATUMIUI %e PI LORLEPHIE RIGIOA DUD PITYOPSIS!O'Ery— ORAMINIWLIA IUD AS % PTERICI UM OLEDITSCH CUT FROCK FERN _°Y. PTEROCAULON PYCNOGTACHYUM IUD %CUERCUS CHAMANIIIUI _Y. OUEROUS VIRGINANATS Ye RHOS CCPALLI NUM N) Y° RHYNOHELIF UM REPENe(U),uv FIYY 20.30 %SPERMACCCE SP. NI %STENOTAPHRUM SECUNEATUM IUD ILUA .0 S1O °Y.URENALOBATAN) k5 %BARE GROUND _AQUATIC PLANTS BUMMELING _ HYDROLOGIC DATA SEDIMENT DEPoBITION — AQUATIC FAUNA ".1 Fondue w To 3 or ..as 5 rnlom 1 or less l fox PRmmea F-11y order. memlral m tr,a Of a layer sWMW win 12-of me suit... xl MIme60%ormomrnmma2orlesssl ingwnnlD "mawece To dool0 sylR. ...d JApr 6 111.1 stiollg Wln upp.l fi'!wNalue 6 or mss s CoOma t or leas EXOTIC NFESTATION LEVELS ED -O %AREAL COVERAGE Et -1 %25 %AREAL COVERAGE E2.2SS50 %AREAL COVERAGE E9- 51 'if AREAL COVERAGE E4 -]6 %100% AREAL COVERAGE DEPTHS IN. SOIL SAMPLE 01 a". 01 LEAF LITTER coll A 61 SAND �11. E MATRIX 611 SAND MOTTLES ES SAND 50-11 D E2 MATRIX 814 SAND MOTTLES 8fS SAND El FAINFILE 11 I MOTTLES so SAND ,C10 E MATRIX �E SAND MOTTLES $ESFAND A1nC YES NO X% AREAL EX TENT FILL . 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RANSEY RAMSEY INC CLIENT BLACK& VEATCH TAMPA 0111. RENDA BROADCASTING MAP FLUCCS CODE INQ DISTURBED LAND ED PROPERTYLEGAC PID0040516000 SEES CREWS ROAD 310 DRY PRAIRIE DITCHES: DITCHES FIE A SPECIAL CATEGAV FOR TE CEP. FIAT ARE NOT WETLANDS. BUT ARE JUwSDICnpUL BECAUSE THEY ARE THEY ARE DHG IMO TIE GRXM AND HAVE MY OVER PERMTS ACTIVE CIXKEMING BASE TORNADOS ON FUILTIXI DITCHES ARE JURIISCICTOI BECAUSE THEY AFFECT SURFACE WATERS SIDE SLOPES ANN 41 (IT I DR CARRIER AND ARE MEASURED FROM UPS DF BANK TO FAR OF BANS DITCHES PRESENT: YES NO XX SEE FIG NIA XX YES _NO L EAD FUNCTIONAe cueure weme VEGETATION: WETLAND YES NO XX WA %FAC 10 -20% FACW CANOPY INDICATOR STRATA: CHARACTE. MWVEOETATIONNASTOBEIO l.RMOREOFAEMALCOVERAGE CUERCUS LAURIFCLIA(FW) TAXODIUM DISTICHIUM10) WA %FAC 0 % FACW 0 AS DEL 0 %WL % PINUS ELLOTTI V DENSAIFI I OUERCUS LAURIFOLOSPA) ° TAXOOIUM CIBTICHIUMIO) _ SCHINUS TEREBINFHIFOLIUSOI % ALBIZIA JULIBRI661N °e 6ABALPALMETTO(F) ACERPUBRUMUFAL I PERSEA PALUSTRIS IAlanal"A (0) _ °A SURSERA SIMARUBA IUI GMLMU _ Y SEHICA CERIFERA(FI • CELTIS LAE SOAPS, ILEX CASKNE 101 GENTELLA ASIATICA FWI °R OUERCUS VIRGINANAIFUI SCHINUS TEREBINTHIFOLIU51F1 ° SALIX OAROLIANA(0) ANNONA GLABRA 101 _% MYRSINE GUTANENSIS iYSTI,A LlITTIA11) _% Y° MELALEUCA OUINOUENERVIAIFI C IRSI UM NUTALLI IFWI Y. IRAN I PUTS CAROLI N IANACT _Y. OIOSPYROS VIRGINIANS, (1) •r° AOACI A AUG I CULIFORME BIT) _Other 01M1er OIMr CONOCARPUS ERECTUS(FWI SUBCANOPY IADICATORSTRATA: CHARACTEMDNOVEGETAI .NH"TOBEIO %ORMOREOFMMALCOVERAGE GOYECPSIS SP (FW) ELEOCHAGS SP (0) WA %FAC 0 °» FACW 0 % OSL 0 PPUPL Y° FINDS ELLOTTI V CENEAIF OUERCUS LAUR IFOLIA(FW) _4 TAXOOIUM CIBTICHI UM(0) _% ALBIZIA JULIBRISSIN SISAL PALMETTC(F) AGEE RUBRUM(FWI PERSEA PALUSTRIS LINK —.(0) D. BURSERA SIMAI INV>Mtem _Y. •r. MYRI CA GERI FERAIFl CELTISLAEVIGATA ILEX GREENE(0) _ °/ OUERCUS VIRGINANAIFUI SCHINUS TEREBINTHIFCLI USIP C CYNICS FOEMI NA [FIN) _. SALACAROLIANAKC NYMPHAEA SP 10) % RHUS COPALLINUM IUI _I %MELALEUCA O JINOVENE RVIAlY S GLECITTHUS$1(FW) (FW) FRAXI NITS CAROLIB AGU IOU FER CIOSCORTS UL BIFERA IFYI °. 6ERENJA REPEL I PARCUB IO) . PANICUMT. _° CEPHALANTHUS OCCIDENTALIS 101 LYDROCOLILE SP A CUMI Na IF) AURICULIFORMESIF) GROUNOCOVER INOICATORSTRATA: CRARACTEM9NO VEGETATION HAS TO BE I O %OR MORE OF AEEAL COVERAGE WA %FAC 10 -20% FACW 20-30% DEL % FINDS ELLOTTI V DENSAIF) ° THALIAGENICULATAKA CUERCUS LAURIFCLIA(FW) TAXODIUM DISTICHIUM10) %. CABAL PALMETTOIF) _e TVPHASP(0) AGERRUBRUM(FWI _4 PERSEA PALUSTRIS i. -11,i 10) °%MYRICA CERIFERAT) CORNUS FCEMINA (FW) . ILEX CASE I HE (01 _ SCHINUS TEREBINFHIFOLIUSOI S10 Y AMPHICARPUM MUHLENBERGANIUM IFWI ° SALIX CAROLIANAIOI _I Y° MELALEUCA OUINCUENERVIA(l) BLECHNUM 6ERRUI S 10 FRAXINUS CAROLINIANA(OI Y. BERENJA REPENS(FI GENTELLA ASIATICA FWI _. CEPHALANTHUS OCCICENTALIS Of PICAS AUREAP) CHRYSOBALANUS ICACO PWI ANNONA GLABRA 101 _% MYRSINE GUTANENSIS iYSTI,A LlITTIA11) C IRSI UM NUTALLI IFWI BACOPA (0) _Y. OIOSPYROS VIRGINIANS, (1) COMMELI NA SP FW) 5 FLAG UM LINKAGE NSEIOI EUGENIA CUMINI IFI CONOCARPUS ERECTUS(FWI DICHROMENA LATIFOLIA ICa I ACACI A AURICULAORMES(F) GOYECPSIS SP (FW) ELEOCHAGS SP (0) 1030 Y° ANDROPOGON VINGINICUSIFI CYPERUB LIOULARI 6(FW) ° ERIOOAULON SP(PIPEWOYTS) (0 EAT 510 °v. AlBOACAS 1620% . FUIRENASCIRPODEAIO) °Y. AXONOPUE AM (F) DICIROMENA CNIORATA IFWI DICHROMENINIANA Y° JUNCUSSP.(0) _ °Y. B MIFOLIAIFI HALM W) IAUDE(FP CIODIATPER . LUDWIGIASP101 DENSP IIOAL Map Y. B10ENBP(IS (F) C ITW LYTHRUMSAS( IFI FIMBRISTYL IG ANSI (F IMBRISITY9G ANSI NYMPHAEA SP 10) _Y. DIGITAR %DIGSCOR BEYOTI S GLECITTHUS$1(FW) (FW) ERGIA Fall L(0) f0 FER CIOSCORTS UL BIFERA IFYI HELIAMHUBYP IFWI PARCUB IO) . PANICUMT. _Y. ERIGYON LYDROCOLILE SP ARM) ° PONTEDE IRSP101 UEC I °Y. ERIGERON OUEROIFCL US (F) SP HVPERI CUMBP IFWI ° POMERGNACA 101 IF) ERYICAR HYPTIS ALATA [FWI EP (0) . PYOSEYPINACAS)f0 _Y. EUPATORI UM IS SO IF) JUNCUSMARGINATROGIU . RHSITTARORA (01 0IFI % %EUTHAMIA SP IFI _ LACHNOCAULON 6PBOGBUTTONIIOIF WI . SAGITTARIA LANCIFOLIA (0) SP IFl YIA SP IF) A GENIGULATA IF) 1ACRABC LINDERNIA GRANDIFLORA(FWI . SETARIAMAGNA(0) :GATAIFI MFLAMHERA HASTATA EM ° THALIAGENICULATAKA AIFI PANICUM HEPENS URN) _e TVPHASP(0) CA CY COGGIN) PASPALUM LIGULARIS [FWI DLIANAY) PLUCHEA SP (FWI A q RTE NA Al I FW) PROLIA IR RUMEXVERTIGILLATUG VFW) (F SCLERIA Al IFWI _ I 9OLIOAGO IFWI BPARTINA BAKER I 6W I Y. THELroTERIS Al IFVK FUELS FERN NSIS (F) WOODWARDIA VIRGINIGA (FW) V CHN FERN %MI5 CAROLI NANA (FW) 20 -M %TOXICODENDRON RADICANSIR 5.10 % VITIS ROTUNDIFOLIA(F) ?v WEDEL IA TRLOBATA 011ei HYDROLOGIC INDICATORS: YES NO XX _ALGAL MATS WATER MARKS _AUFWUCHS RAFTING OF DEBBIE SOILS: HYDRIC INDICATORS: IMlI AS Muck Presence F5 TM1Ck Dark Surface F10 Man AS HytlmReo null ee oem AS SVanea La)ea A50rganc Bores SO SAM MUCKY USEFUL 54 SenTy GI MMrh EF Sandy Ram. SE Supped Maen .1 US, runace F2 Loam Gleyer MAI, FB DPANILLar Mamv Fla Unnor aunmaa ADVENT ITOUS RWTS _ HYPERTR.MUC LENTIOUS ACTIVE CYPRESS KNEES FLOW CHANNELS YES NO _ YA. S YES S YES S YES YES YIN YES YES S YES YES Atea, '. YES DER SEWAD Giaal: YES GNnt YES D.Lae, YES uyntl SHE YES _SURFACE WATER PRESENT AQUATIC MOSSES LIVERWCRTS _GRUFF LINES VEGETATED TUSBOCKSMUMMOCKS ELEVATED L ICHEN L WES 5.10 ° %DACTYLOCTENIUMAEGYPTIUM(F —f1PR %OESMOOIUM BPN) _Y. ILEX GLABRAN) %LANTANA IFUI I GA LIS ATRICTA (U) w° PANICUM MAXIMUM (U) AP -A... °Y. PASPAWM NOTATUMIU) Z PI LOSLEPHIS RIGIDA (U) °6 PITYOPUS ALITTILLA' GRAMI MEDIA IF %PTERIDI UM GLECRSCH (UI MACS FERY z PTERGCAULON PVGNOSTAOHYUM IUI _I QUEROUS OHAMANII(D I. -ENCUS VIRGINANAM %. PLUS SCREW NUM (U) I THYNCHELMRUM REPENSIUI IPIL DIvs 20-30 % SPERMACOCE SP_ IUI I STENOTAPNRUM BECUNBATUM IUI uYB•Iw 810 °e URENALOBATAIUI IS BARE GROUND _AQUATIC PLANTS BUMMELING _HYDROLOGIC CIA SEDIMENT TRISITION AQUATIC FAUNA NO 1, r RIF FAL, k ar vW U. 3 k IT, I I A IS, E vk I I A SPETINT NO RAW r At ARTS 6 I n k 111 0 pl t n nnafn P Ile, FAA U1 1 IS IS CAR )g rval0w II 01 sunaoe NO A, IF I Irg I OLDER, go Man I SC_ISMIng PAT Ap,r S: I I, I FAR I Fac PULA IS IYWnA I, anO.or IIF m,A' NI A, MNE S- I nnuxamucl InCranal ASYLE. wnnn 5 "cunace NO 2Iaye—ILLS6 of lM1e suelaee NO gMyaa mal,IV VAM1COeouplea fi0 °h o, more of slays, vNn 6ln ollM SW ace MIe,.MaInofsurface tM1allcal leas)aIn UESS KS mm,lsw6o °u orrmle In cM1mma2 NO EvAr.amSSS OVaIS -TANr m:I D•Y. of area NO MymaueNSl Bl Ict,— A. A IIB "nlau. AKARLURIvaecM1,omlmleas: TOY. paticHawvera ov o,aolAa malanal rvo_eMrea maim wFCM1 o¢BPIae B0 % or more Al m a myar ammlg won 11 B�re.Ilnao. NO Illye,n,..lBYM1IM al IN TMletlmIKiFet Ye a IPEORT o,e M,C luck 20,leas YISL ST ID"SI sonata No onreaa poBNOre DRMe,alream mmaaB EaepreselonBearer B�ImL'k alamw w)m uppers ".wralllesor laaB aenomal D, Ieea NO XX AREAL EXTENT GEL Y UPI. ITAKI SOUS, inamlogy NO XX AREAL EX TENT OBL A FACW x BO% UPLANG [e-II FACT _ NO XX MUCK SOILS NO XX HyamlogI hyarlc soils NO XX Iclammg Wa uama I.ear on Raaaoeeel.I— FNIFluaeam.m. PCmo. awaza a tow. ISOLATED YES NO XX MA CONNECTED YES_ NJ XX WA STATE OF FL: DIED, SFWMO WETLAND: WETLAND YES NO XX JURISDICTIONAL DETERMNATNN UPLAND YES XX NO SURFACE WATER: .mmF+— aW +Y>.,. —11 _.wm..L. +. w ,.�+ nFm .1 JURISDICTIONAL YES NO NIAXX DETERMINATION NOTE IF DISCHESME PRESENT AND ME :.w. UPwwmisMK NO av: REQUIRED ADDITIONAL WFO: wau x� •n..• EXOTIC INFESTATION LEVELS EO - O %AREAL COVERAGE E1 -1 %25 %AREAL COVERAGE E3- 265iP50%AREAL COVERAGE E3 -51 %75 %AREAL COVERAGE E4 °769X,100 %AREAL COVERAGE DEPTH; IN JIOIL SIMPLE 41 A . ROCK REFUSAL SOIL SAMPLE 04 -F AS US SAND IF, AS SAND WROCKS EDIL TYPE IF PRECA UP) SOIL DISTURBED FELT NATURAL 1 LUMINI (F) AURIODUFORMEGIF) GROUNDCOVER DEP/WMD WETLANDS DETERMINATION FIELD WORK SHEET Dam: 10.03.08 Processor: MICHAELR.RAMEY RAMSEY NC CLIENT BLACKS VEATCH TAMPA 0111. RENDA BROADCASTING MAP FLUCCC CODE- 620 CYPRESS PRE PALM El PROPERTYLECAL. BID 001051600085850 CREWS ROAD PAC JURSOCTIONALWETLAND DITCHES: DITCHES ARE A SPECIAL CATEROPY She THE OEPTHIS Y ARE IETWELLANDS, III ARE JMISOICng L BECAUSE THEY ARE MEN ARE DAD I. THE GROUND ANN For Nil OTHER PERMS ACTVE CONL EPoJINGTHIN DPERATW OR FACTION D170KS ARE JRPU 6oICnaNL BECAUSE THEY AFFECT SURFACE WATERS SIDE SLOPES ARE a H P 0 I STEEPER' AND ARE MEASOR R 1.1 OF BANK TO TS OF BANK DITCHESPRESENT: YES NO XX SEE FIG 1 X YES_NO FUNCTIONAL N/A XX YES NO JURISDICTIONAL: SURFACE WATER VEGETATION: WESTLAND YES XX NO CANOPY %%%% INDICATOR STRATA'. CHARACTEWLIG VEGETATION HAS TO BE I O% OR MORE OF AERIAL COVERAGE WA %FAC 0 % FACW 10 -20% OBL 0 %UPI Oil Sk PINUS E LLOTTI V UENSA(FI I OUEROUS LAURIFOLIAIFWI DidtC TA %ODIUM DISTICHIUMI01 _% ALRIZIA RAIBRISIDS d % SABAL PALMETTO(F) ACES RUBRUMIFWI PEFHEA PALUSTRIS,1111uen. [OI % BURSERA SIMARUBA ILL It., R°J °% MYDICA CERIFERAIFI CELTS LAEVIGATA 1Y ILES CABINS IOU % OUERCUS V IRGINANA/FUI B CHINUS TEREBIMHI POLL IS(F) ° SALI%CAROLIAll _% % MELALEUCA OUINOUENERVIALF % FRAXINUS GAROLINIANA101 - °h ACACIA AURICULI FORMESfF) Offer _ .Oder — Other - SUBCANOPY XXXX INDICATORSTRATA: CHARACTEM.N 1EGETATIONHASTO BEN %ORMOREOF AEWALOOVERAGE WA %FAC 0 % FACW 10 -20% OBl 0 %UAL 10.20 ° /°PINUS ELLOTTI V OENSAIFI OUERCUS LAURIFOLIA(FWI TIO °R TAXOOIUMDISTILHIUNCS % ALGERIA JULIBRISSIN 6 % SABAL PALMETTO(F) ACER RUBRUMIFWI _° PE RGEA PAWBTR IS cm- 1.x(0) _%BURSERASIMARUBAINeu.H,- %MYRICACERIFERAP) CELT'S LAEVIGATA T10 °. ILEA CASSI NE 101 % OUERCUB VIRGINANALL) SGHINUS TEREBINTHI FOL-11 ) Is CORNUS FOEMINA EVO ° BALI X CAROUANAI01 Y° RHUS COPALLI YES (IT _% °r. MELALEUGA OUI NDUENERVIA(F) . FRA %I NUS CAROL INIANAC) 6ERENJA REPENBF ° CEPHALANTHUS OCCICEMALI8101 _%. %FICAS AUREAIFI COREOPBI S fi P H VIS °/ MYRSI HE GUTANENNIS IIKI119A roxcm.r,(F) T10 ° /°ANOROPOCONVIRGINICUSHF) 1 LUMINI (F) AURIODUFORMEGIF) GROUNDCOVER INDICATOR STRATA: CHANACTERI3N3 VEGETATION HAS TO BE 10% OR MORE OF AERIAL COVERAGE WA %FAC 10 -20% PAC 2030% OBL 2W0% PINCB ELLOTTI V DENSA(F) 6 % WERCCS LAURIFOLIAIFWI our Fb TAXODIUM OISTICHIUM(0) 6 % BANAL PALMETTO(F) ACER RUBRUMIFI PERSEA 1ALUSTRl6 loll —;A(0) NS %MYRICA DEFOLIATE) LORNUS FOEMI NA FIN/ 5.10 °/ ILEX CA651 NE (0) 6 °/. SGHINUS TEREB INTHI FOLI Lol 6 Yb AMPHIGARPUM MUHLENRERGANIUM MW) K5 SALI% CAROLIANAIO) ul °/° MELALEUCA OUINOUENERVIA(F) 6 % BLECHNUM SERRCI 5 -10 . FRA%INDS CAROLIPANASO 5.10 %°SEREMJAREPET'i CENTELLAASIATILA(FW) ° CEPHALANTHUS OLLIDENTALIB IO) I FICAB AL IF) Add % LHRYSOBALANUS CAER IFW) a ANNONA GLABRA(1) 5 -10 % MYRSINE CURRENTS or I'll"INCTIE (F) I C IRSIUM NUTALL I IFWI BAGOPA (0) % CIOS1YRO6 VIRGINIANA IF) % COMMELINA SP IF 5 -10 % CLACIUM JAMAICENSE(0) % EUGENIA CUMIN' IFI DEPTH: IN. CONOLARPUS ERECTU61FYC I CIGHROMENA LATIMPLIA (0) % ACACI A AURILULIFORMER(FI YES COREOPBI S fi P H VIS . ELECCHARIS SP 11) T10 ° /°ANOROPOCONVIRGINICUSHF) 6 LVPERUSLIGULARI61FW ERIOLAULON SPIPIPEWORT9110 /FGA 30 JO% ARISTIDTUEBE 1080% CYPERUS FIREENA REDCAP) 11) Y.AXONCPRISHALI F10 SAL DICHROMEGINHAN RATA ISO) AS a JUDWITCA RIBHALMIFOLIA FI 510 °ob Iaygrotmallwvalueol5crie—Sprop In dSUltxe INIAUCAI y( T10°/ LIFIRDAo(0) GLENN PIF) IFI ENSTAVIRG EUBTACHYGGLAULA IFW) ° LYT _%. °I SUMELIA 211. E IT ANNLA W) _n NYMPHAEA6P 10) HAEA BY DIOSCOASEROTI YES GLECISTYL SHFW) GLECITTRUSS ° MURLENB ERGIACAPILLLARIS (0) _°c. RA (F ?) FER ic DIOSGOREAB$1 MOTTLES: BS SAND $1 IFVS HELIANTHUSSP HEW) IO) . PANICUNUM 1. IF) ER AGRDST ISSICI % HYCROCOTYLE BE IFWI POLYGONUM Sips _ I % ED OUEROI WBHF) Al 6om Mon, Mine,. HYPER I CUM BP TW _-X POMEDERIAOA COD' IO] SYNOMN LlI ERYNCIUMRALDWI) IFI _% OR PROBERPIORA6) 0) _% % EUPATORI IM SP (FI _ MARCINATUS(FW JUNCU MATAINAT O) RAGITTA °N,EU F) LACHNOGA HRTONI(O/FWI LACHNS d SAGITTA IA LA O) BRIFTSP FT SGPATHALEAH) YES LINDEFINIA GRAND FLYPRI ANCIFLA MANA(I)OLIA BETARIA MAGNAlo1 _Y. °i. FOREST IERA 6 EGHEGA) SEA So Stripped All MELANHE RA IFWI MNHICL. ERAHAS EVO THALIA THALIA GE0CULATA (0) ILE%OPACAVICERICF) strlppadareasover 51 indaml 10 %ofarea Fish ENBIFWI PANIIALUM % . TYPMA6PH0) _%. Y. INPIERATA NCRCLI LOGONI PA6PALUMLI(F.) SIFWI L LAGNNANTREGCAROL IANAIFI I'd I A PLUCHEBE 12 LOam Cleyel MCI _ I YES FVG RHEAPA FW1 BNWdmMrlxM1ebuccupwa6O %ormoreol6laelstaln ,,IA12 "ofthesurlaze 0MELCO NCORINEAIF IFI d12 F SAND STREAKS RUMEXV FIN) _°% STARAICONCERORIFOLIA W. MIKANI CONCERN F) NO 6CLERIA6P FVJ/ 11 INS 5.05.0 E BE iF) Y.PHYLA 6PIF1 % SOAKING TW YES AID SP.IFI S10 % conspee uspNOrc Unmrstreom Mettles 6lapMM,hm,i16" Prok succurg win upper 6 "',w /PALO 3 or I chroma l or less 6PARTINABAKEF Let MOTTLES 82 SAND GURUS SP (F) ..I THELYPHERIS OF IFWI SHELD FERN NI NO_XPEAL %RUBUS °/. 6AMBUGUSE N519IFI l By WOOOWARDIAVIROINICA IFWIV CHIN FERN WOODAY DEPSFWMD YS ° %6E6BANIASPIFI iF) YES %% %VRIS LAROLINANA IFWI AREAL EXTENT COL B FALW-80% UPLAND POLINing PAS, we Y. LATA IF) MOTTLES: Ad SAND CINED RMILAX BE 6 %TOXC SP IFI II X% MUOKSOILS 2030 %. O ACICANBIF D-Ndi YES XX $10 %. VITI6 VITIS R UNDIFO I m ors sous L A T RLIFOLIAIFI °/. WEOELIATRLOBATA Offer YES Order HYDROLOGIC INDICATORS: YES XX NO U nmlmlre Wetlands cased on ReaSOl 1e Bremnlc ON lul rnn"Ic %DACTYLIS CLOMERATAW) °SUACTYLOCTENIUMAECYPTIUM UI wwradpreas %.OERMOOILRAI IUI %. ILEX GLABRAID) °r. LANTANA 1FU1 % O%ALIS STRICTA(D) _I PANICUM MAXIMUM IUI I-Mon- %PAGPALLM NOTATUMM _% PILOSLEPRIS MGIDA N) Y°PITYOPSIB— L- 11,111 GRAMINIFOLIAN) _• %PTERIUIUM GLEDITSLH gi Nows FFRN %PTEROLAULON PYCNOSTACHYUM 11) OUERCUS CHAMANI IIUI Es UERCUS VI RGINANA(U) _% RHUS COPALLINUM N) °/. RHYNCHELIEUM REPEr l....'s.ua, se 30 °% SPERMACOLE SP.IU1 %STENOTAPHRUM SECUNCATUM (N —T.IAM 5.10 %URENALOSATAIUI KS %BARE GROUND ADDITIONAL INFO SURFACE WATER PRESENT AOUATIC PLANTS X% ALGAL MATS ADVENT170US ROCTS AOUATIC MOSSESIMERWORTS BLUMSELING X% WATERMARKS %X HYPERTROPHIG TESTICLE OFFT LINES HYDOOLOGIC DATA AUFWUCHS XX ACTIVE CYPRESS KNEES VEGETATER TUSSOCKSMUMMOCHS _ FEE WENT DEPOSITION RAFTING OF DEEP IS FLOW CHANNELS ELEVATED LICHEN LI YES AGRATIC FAUNA SOILS: HYDRIC INDICATORS: YES XX NO Sou DESCRIPTIONS'. DRIFT ,N11 111 DEPTH: IN. AS Muck Preserca YES Iq layer of muck w Mlue 3 or MIS Chroma l or less win 65ul1xe SOIL SAMPLE XI FS Thick Look Frody. YES NJ aprcu "thick uil1aNPINNd maNxttat his 60% more cM1lome 2 or less stamp, Eebw 12 "ofsurfece P,.S Or LEAFLITTER F10 SAL YES NJ Iaygrotmallwvalueol5crie—Sprop In dSUltxe 0.02.5 A 611 SAND A< Hydrogen sulfide Door YES NO wNN11 IN SMAN 211. E MATRIX 611 SAND AS StratOled Layers YES NO ININwinuppot t ormore layersleevalue>3 Mtcchromal or >: end orltls muck MOTTLES: BS SAND AN Tecond Bolles SHE Ni 0mole 11 MMAOMek mueral k— thin 6 "not 6.011.0 E2 MATRIX 814 SAND Al 6om Mon, Mine,. YES NO 2 "layeresighl oftlesurlase MOTTLES: 82 SAND 50 Bandy GI its YES NO gelyel mArlr pecho occupies 60% of mote of a win An 0 IN scram 85 Funny Raoox YES NO IaWr Wln81n ofsudase HOT is of sell up i O KS mWHr w 60% or sibeln chroma 2 SOIL SAMPLE X2 So Stripped All YES XX NO strlppadareasover 51 indaml 10 %ofarea OSdO OI LEAF LITTER Fi Led SUtlem of Per 4 Muck Yearms, Mn6" of surface w value 3 or less 6 MIT t or less :JO%. panicles WV9rd by orgeren mebf Rl I'd I A 61 SAND 12 LOam Cleyel MCI YES _layer NO BNWdmMrlxM1ebuccupwa6O %ormoreol6laelstaln ,,IA12 "ofthesurlaze d12 F SAND STREAKS F3 Depeleled Mali YES NO layer a11east 8" thick veadeplated maAXgNl Lee 60°Aor more chroma20r less Sending win 10 "015urlace 5.05.0 E MATRIX: 62 SAND F13 Umddcoul YES il conspee uspNOrc Unmrstreom Mettles 6lapMM,hm,i16" Prok succurg win upper 6 "',w /PALO 3 or I chroma l or less MOTTLES 82 SAND ..I YES XX NO_XPEAL EXTENT OBL, UPL: Nor-oils: horblogY l By MATRIX 6 /2SAND DEPSFWMD A l: YES %% NO AREAL EXTENT COL B FALW-80% UPLAND POLINing PAS, MOTTLES: Ad SAND CINED YES II X% MUOKSOILS D-Ndi YES XX NO_Hydmlo9yald m ors sous uuree SNe YES NO XX U nmlmlre Wetlands cased on ReaSOl 1e Bremnlc Judgement Plante exla2e below l SOIL TYPE. ISOLATED YES NOXX MA CONNECTED YES NO XX WA 14 PNEDA UR .11 BOCA STATEOFFL: DEP, SFWMD EXOTIC INFESTATION LEVELS WETLAND: WETLAND YES XX NO E0.0 %AREAL COVERAGE JUR EDICTIONAL E1 -194:25 %AREAL COVERAGE DETERMINATION °=sflNn UPLAND YES °µ�sAw�HISµ NO XX E2 -26 1g,50 9DAREAL COVERAGE *PRM1- LL4 °y °° SURFACE WATER :J E3 -51 %76 9DAREAL COVERAGE JUR6DIOTIONAL YES NO XX E4 -76 %100 91 COVERAGE DETERMINATION NOTE FISCONSAINEREEIIIINTAGAN _NIA ADDITIONAL INFO Sample Point 1 Black & Veatch Tampa 011; Renda Broadcasting Page 1 740 8212 8145 LISACOE WETLAND DETERMINATION FIELD SHEETS Project Name: Black & Veatch Tampa 011 Date: 10/07/2008 Time: Sample Point Number: 1 County: Collier State: FL Investigators: MICHAEL R. RAMSEY RAMSEY INC. Roll No: 740 8212 t Photo No: Yes Do Normal Circumstances exist on the site? Lat. /Lang.: Datum: NAD83 No Is the site significantly disturbed (Atypical Situation)? North: 25° 39' 48" No Is the site a potential Problem Area? West: 80 057' 17" VEGETATION No. Scientific Name 1 SPERMACOCE FLORIDANA 2 URENALOBATA 3 ANDROPOGON VIRGINICUS 4 VITIS ROTUNDIFOLIA Total Number of Species: 4 Total Dominants: Percent of Dominants that are Wetland Species: 50/20: 50.00 Prevalence Index: 3.58 Recorded Data: Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: _ (in.) Depth to Free Water in Pit: — _ (in.) Depth to Saturated Soil: (in.) Strata "' ;a S° _.__.,, _ p...._.. StL Cover S e s I Herb UPL 7.00 Yes Herb FACU 7.00 Yes Herb _ FAC- 15.00 Yes tHerb FAC 7.00 Yes Lam- l_ FAC(minus)- applied: 25.00 FAC Neutral: No Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Water- Stained Leaves Local Soil Survey Data –_ FAC- Neutral Test Other (Explain in Remarks) Sample Point 1 740 8212 8145 SOILS Black & Veatch Tampa 011; Renda Broadcasting USACOE WETLAND DETERMINATION FIELD SHEETS Map Unit Name: #21 BOCA DISTURBED (Series and Phase): Taxonomy (Subgroup): Profile Descnption: Depth Matrix Color Texture, Concretions, (inches) i Hz I (Munsell Moist) Structure i 0.0-6.0 —t 16YR6/3 Sand /Stoney _ 6.0 ROC I A A - -10YR/ - Sand - Histosol Histic Epipedon - Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors NRCS Field Indicators: WETLAND DETERMINATION No Hydrophytic Vegetation Presi No Wetland Hydrology Present? No Hydric Soils Present? REMARKS Wetland Yes X No WoUS Yes X No Drainage Class: Field Observations Confirm Mapped Type? No Page 2 Redox Feature Redox Color Abundance /Contrast (Munsell Moist) Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Organic Pan Other (Explain in Remarks) No Is this Sampling Point Within a Wetland? No Is this Sampling Point a Waters of the US? No Have the determination results been overridden by the user? Species Richness 3.58 Prevalence Index Sample Point 2 Black & Veatch Tampa 011; Renda Broadcasting Page 3 419 LISACOE WETLAND DETERMINATION FIELD SHEETS Protect Name: Black & Veatch Tampa 011 Date: 10/07/2008 Time: Sample Point Number: 2 County: Collier State: FL Investigators: MICHAEL R. RAMSEY, RAMSEY INC. Roll No: 419 Photo No: Yes Do Normal Circumstances exist on the site? Lat. /Long.: Datum: NAD83 No Is the site significantly disturbed (Atypical Situation)? North: 25039'48" No Is the site a potential Problem Area? West: 800 57' 17" VEGETATION No. Scientific Name 1 PINUS ELLIOTTII 2 SABAL PALMETTO 3 PINUS ELLIOTTII 5 ILEX CASSINE 6 SPERMACOCEFLORIDANA 7 PHYLA NODIFLORA 8 ARISTIDA STRICTA 9 TOXICODENDRON RADICANS 11 ,SMILAX BONA -NOX -- Strata Status Herb FACW Herb FAC _ ,Shrub _ FACW Total Number of Species: 11 Total Dominants: 6 Percent of Dominants that are Wetland Species: 50/20: 83.30 Prevalence Index: 2.84 HYDROLOGY Recorded Data: Stream, Lake, or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: (in.) Herb FACW Herb UPL _ Herb FACW Herb FAC- Cover 35.00 2.00 15.00 2.00 2.00 25.00 25.00 25.00 Yes No Yes No No Yes Yes Herb FAC 7.00 No Herb 1 FAC 2.00 No FAC(minus)- applied: 66.70 FAC Neutral: Yes Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks _ Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Water- Stained Leaves X Local Soil Survey Data X FAC - Neutral Test Other (Explain in Remarks) Sample Point 2 419 SOILS Black & Veatch Tampa 011; Renda Broadcasting Page 4 LISACOE WETLAND DETERMINATION FIELD SHEETS Map Unit Name: #21 BOLA (Series and Phase): Taxonomy (Subgroup): Pi rofile Description:_ r Drainage Class: Field Observations Confirm Mapped Type? No Depth FF Matrix Color Texture, Concretions, Redox Feature r' Texture, Color (inches) Hz (Munsell Moist) Structure Abundance /Contrast (Munsell Moist) 0.0-2.5 A 10YR6/1 - Sand 2.5-5.0 A 10YR6 /1 _ Sand -- 10YR8 /2 5011.0 E 16YR814 Sand t0YR8 /2 Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors NRCS Field Indicators: S6 Stripped Matrix WETLAND DETERMINATION Yes Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? REMARKS Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Organic Pan X Other (Explain in Remarks) Yes Is this Sampling Point Within a Wetland? No Is this Sampling Point a Waters of the US? NO Have the determination results been overridden by the user? Wetland WouS X Yes Yes 11 Species Richness No X No 2.84 Prevalence Index Sample Point 3 Black & Veatch Tampa 011; Renda Broadcasting Page 5 740 310 LISACOE WETLAND DETERMINATION FIELD SHEETS Project Name: Black & Veatch Tampa 011 Date: 10/07/2008 Time: Sample Point Number: 3 County: Collier State: FL Investigators: MICHAEL R. RAMSEY, RAMSEY INC. Roll No: 740 310 Photo No: Yes Do Normal Circumstances exist on the site? Lat. /Long.: Datum: NAD83 No Is the site significantly disturbed (Atypical Situation)? North: 250 39' 48" No Is the site a potential Problem Area? West: 800 57' 17' VEGETATION FN Scientific Name Strata Indicator Percent Dominant Status_ Cover Species 1 SPERMACOCE FLORIDANA 2 ANDROPOGON VIRGINICUS - - 3 PHYLA NODIFLORA Herb UPL 25.00 Yes Herb FAC- 25.00 Yes - - Herb FACW 25.00 Yes 4 SMILAX BONA -NOX Herb FAC 2.00 No _ 5 TOXICODENDRON RADICANS 6 VITIS ROTUNDIFOLIA Herb FAC 25.00 Yes _ Herb_ FAC 7.00 No_ Total Number of Species: 6 Percent of Dominants that are Wetland Species Prevalence Index: 3.23 HYDROLOGY Recorded Data: Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Total Dominants: 4 50/20: 75.00 FAC(minus)- applied: 50.00 FAC Neutral: TBD Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 inches Water- Stained Leaves Local Soil Survey Data FAC - Neutral Test Other (Explain in Remarks) Sample Point 3 Black & Veatch Tampa 011; Renda Broadcasting 740 310 USACOE WETLAND DETERMINATION FIELD SHEETS SOILS Map Unit Name: Drainage Class: (Series and Phase): Field Observations Taxonomy (Subgroup): Confirm Mapped Type? No Profile Description: Depth I 'Matrix Color i Texture, Concretions, Redox Feature (inches) Hz 1 (Munsell Moist) Structure Abundance /Contrast 0.0 -2.0 -A- 10YR4/2 Sand - 2.0 -4.0 A 10YR5/3 -_ -- -- Sand 4.0 -7.0 A 10YR5/3 -Sand/Stoney 7.0 -10.0 A - 10YR7/3 I Sand Hyonc boll maicalors: Histosol _ Histic Epipedon Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions Gleyed or Low - Chroma Colors NRCS Field Indicators: WETLAND DETERMINATION No Hydrophytic Vegetation Present? No Wetland Hydrology Present? No Hydric Soils Present? i REMARKS Wetland Yes X No WouS Yes X No Page 6 (Munsell Moist) i Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Organic Pan Other (Explain in Remarks) No Is this Sampling Point Within a Wetland? No Is this Sampling Point a Waters of the US? No _ Have the determination results been overridden by the user? 6 3.23 Species Richness Prevalence Index Sample Point 4 Black & Veatch Tampa 011; Renda Broadcasting 624 USACOE WETLAND DETERMINATION FIELD SHEETS Project Name: Black & Veatch Tampa 011 Sample Point Number: 4 Investigators: MICHAEL R. RAMSEY, RAMSEY INC. Yes Do Normal Circumstances exist on the site? No Is the site significantly disturbed (Atypical Situation)? No Is the site a potential Problem Area? VEGETATION No. Scientific Name 1 TA(ODIUMDISTICHUM 2 PINUS ELLIOTTII 3 SABAL PALMETTO 5 ILEX CASSINE 6 1 PINUS ELLIOTTII 7 8 -9 10 11 12 PHYLA NODIFLORA ARISTIDA STRICTA SMILAX BONA -NOX TOXICODENDRON RADICANS VITIS ROTUNDIFOLIA Total Number of Species: 12 Percent of Dominants that are Wetland Species: Prevalence Index: 2.60 HYDROLOGY Recorded Data: Stream, Lake, or Tide Gauge Aerial Photographs Other X No Recorded Data Available Date: 10/07/2008 County: Collier Roll No: 624 Lat. /Long.: North: 25° 39' 48" West: 80 057' 17" Strata „Status Herb OBL Herb _ FACW Herb FAC Shrub OBL -Herb FACW Shrub FACW Herb UPL Herb FACW Herb FAC Herb FAC Herb FAC Page 7 Time: State: FL Photo No: Datum: NAD83 Cover Speci 15.00 35.00 2.00 No Yes No 7.00 Yes 7.00 No 15.00 Yes 25.00 Yes 25.00 Yes 25.00 _ 2.00 25.00 Yes No Yes 7.00 No Total Dominants: 7 50/20: 85.70 FAC(minus)- applied: 71.40 FAC Neutral: Yes Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: _ (in.) Depth to Saturated Soil: (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 inches Water Marks Drift Lines X Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 inches Water- Stained Leaves Local Soil Survey Data X FAC - Neutral Test Other (Explain in Remarks) Sample Point 4 624 SOILS Black & Veatch Tampa 011; Renda Broadcasting Page 8 LISACOE WETLAND DETERMINATION FIELD SHEETS Map unit Name: ;F 14 rmmum kin) ruvu oe i ovum (Series and Phase): Taxonomy (Subgroup): Profile Descnption: _ _ _ Depth Matrix Color Texture, Concretions, (inches) Hz (Munsell Moist) Structure 00 -2.5 1 A t0YR6 /1 -2.5-5.0 E 102/1 _ 5.0-11. E _ 10YR8/4 Histosol Histic Epipedon _ Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low - Chroma Colors NRCS Field Indicators: S6 Stripped Matrix WETLAND DETERMINATION Yes Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? REMARKS Wetland X Yes No WouS Yes Sand Drainage Class: Field Observations Confirm Mapped Type? No Redox Feature Redox Color Abundance /Contrast (Munsell Moist) 10YR8/2 _ -- 10 82 Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List X Listed on National Hydric Soils List Organic Pan X Other (Explain in Remarks) Yes Is this Sampling Point Within a Wetland? No Is this Sampling Point a Waters of the US? No Have the determination results been overridden by the user? 12 Species Richness 2.60 Prevalence Index Application for Conditional Use 5860 Crews Road, Naples, Florida Applicant: MediaFLO USA, Inc., a Delaware corporation CONCEPTUAL SITE PLAN (20 COPIES ATTACHED) MA.5Gi13,4 1 It 0. LL fill OR x 9 �R gai 8 Q Z d 0 O� L m0 ■iiiiiiiiii J Q 3 gds §� i 3 gill N o� M M Q W ti ~ d U N N Q O W Z tp J �C co a L Z b1910 1 5i a k. 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U. s; §) �� § ` � •` ,.� I � m - -- ' _! ) \ \t ) / \; \ � ~ I _! ) \ \t ) o LL. % � °~ 2 ` ` | § � §• � ®� d ' .. d \A & : \. \ � \/ � |\ e §A § It § ° '. !• .§)- �w.y>. . § �!\ ( ; � § § �« >� fill ' §A § It § ° '. !• .| ... § : r HIS / . < ■ | ■`�.,| xam ! �� • . § �!\ ( ; � § § �« >� fill ' §A § It . § �!\ ( ; � § § �« >� I1�Ruden McClosky May 27, 2009 VIA FEDERAL EXPRESS Danelle Carrel, Intake Planner Collier County Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 401 EAST JACKSON STREET SUITE 2700 TAMPA, FLORIDA 33602 (813)314 -6709 FAX: (813) 314 -6809 KIMBERLY. MADISON@RUDEN.COM Re: Variance Petition — Application #VA- PL2009 -37 5860 Crews Road ( "Existing Address ") / 5864 Crews Road ( "Proposed Address ") Applicant: FLO TV, Incorporated f/k/a MediaFLO TV, Inc. Our File No. 60479 -0001 Dear Danelle: In connection with the above - referenced Application, and on behalf of the Applicant, enclosed please find the following supplemental documentation for your review and consideration: 1. Three (3) Conceptual Site Plans & Surveys of Property Showing Encroachments, 24" x 36" Please do not hesitate to contact me should you require additional copies of any of the above - referenced documents, or to address any questions regarding this Application. Sincerely, ^ A�k Kimberly J. Madison KJM /kcw Enclosures RM:6454433:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOLA RATON • CARACAS • FT. LAUDERDALE - MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH 7Y� gg�a S 4 � 7 gig b�g k ��e dWUyO <` <aao rzNZ� � �u yo F � �Eg gg pPPpp5@@ $g@Eg Pva F if 1111,111 yw gs M gRm ' I pA aa Z $$$�°� M, V� gB �i w z MMgll �gge yi p{{ gg 2ri m p - EiY:iiii 9 a sad �� gggan IX a s k11pqqq k S rySY 5 z y F bgm9g8k V € g yy m a B a V k g N2 gg {x oaa KBRR REb =9. $� 3 p CC �,� qb�x y R _ M" § I'iIa I it v § 01.E W u N !Y It O J d � N M � � J cj� w U OL 12 a U) to x � 00 Q � y u m o pueg � Santa Barbara Bly S et BId � 4 1. r I m � ty c 'iounly Bern Rd 0I G len Eagle JAJ E I Gi ,Ce sBV M Kin a take Blvd g � it PM8 xeaeH ,Fewood Blvd ° 7Y� gg�a S 4 � b�g k ��e dWUyO <` <aao rzNZ� � �u yo F � �Eg gg pPPpp5@@ $g@Eg Pva w a$�t 11F$0 Y t 1�ja 6Y ij . { gga n Eg x !e !!. X b •YY °3` Y ° 4 F Q! 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I � -- - - -� � -- - - -��- \� . \ ( ) � � � 4 � )� [ . | || ;�; !` \ | it k\k \ ( ) � � � 4 � )� [ Q $fie �$e`i0i6�y.•iii� i Y iT Y a 9 g 9I ay fy. ix �1 Y v 5 I96 �9 FF g P ❑ ❑ j i qJ i I . -• - -- - - II \ � I gi ry 117 1 d ` -0 6 ya .p v 5 I96 �9 FF g P ❑ ❑ j i qJ i I . -• - -- - - II \ � I gi ry 117 I� � 1[ �� i ��d1i• � ~ � i�� oy�yt � W N -I I yiI i i 9 e g Sg�yQ{ ga d Ev 6 f J i i 1 i io - i o i t �� R ell �9� iilllli �P�S �'..j �j• y, • 1 s��yj 5 03 � Q K�1� y 3 � n 1•,. i i 1 i io - i o i t �� R ell �9� iilllli �P�S �'..j �j• y, • 1 s��yj 5 03 � Q K�1� y 3 � n 4 g��_ � � a ....'.;rte •• ��MIINNM�' 7 � N s=„=s W~ W� e- � a s�3�� €�i�s • � I° ��g� s• I 1 ° E `pJJ 95 G �� Ypp1e � @� o: �R a r a 9 iS I I \ r I ib ep rSf u �o 1 0 Z � w ma 3 p e i I's z I� IN o��Ruden McClosky May 19, 2009 VIA FEDERAL EXPRESS Danelle Carrell, Intake Technician Collier County Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 401 EAST JACKSON STREET SUITE 2700 TAMPA, FLORIDA 33602 (8131 114 -6709 FAX: (813) 3146809 KIM BERLY.MADISON(a,RUDEN.COM Re: Variance Petition — Collier County (the "Application ") 5860 Crews Road ( "Existing Address ") / 5864 Crews Road ( "Proposed Address ") Applicant: FLO TV, Incorporated f /k/a MediaFLO TV, Inc. Our File No. 60479 -0001 Dear Danelle: The Applicant seeks variance approval from Section 5.05.09(G)(17) of the Collier County Land Development Code ( "LDC ") so as to permit a reduction of the front and side yard setback requirements as applied to guy line anchors that support an existing wireless tower located at 5860 Crews Road ( "Tower "). This Variance Petition is a comvanion item to Applicant's vending petition for Conditional No reduction is needed from the rear setback requirements of the LDC. In connection with the above - referenced Application, and on behalf of the Applicant, enclosed please find the following documentation for your review and consideration: 1. Fifteen (15) copies of the signed Variance Petition Application; 2. One (1) check for the Application Fee, in the amount of $11,025.00; 3. One (1) signed and notarized Agent Affidavit; 4. One (1) signed and notarized Owner Affidavit; 5. One (1) copy of the Addressing Checklist signed by Addressing; 6. Fifteen (15) copies of the Pre - Application Meeting Notes; 7. Three (3) Conceptual Site Plans, 8 %2 x 11 (three (3) 24" x 36" plans to be forwarded under separate cover); 8. Two (2) copies of the warranty deeds; 9. Five (5) copies of aerial photographs showing FLUCCS Codes, Legend, and project boundary; 10. One (1) copy of the Statement of Utility Provision; 11. One (1) CDROM containing an electronic copy of all documents and plans; and, 12. Three (3) copies of the Survey of Property Showing Encroachments. RIM 6390635:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CARACAS • IL LAUDERDALE • MIAMI -NAPLES • ORLANDO • PORT ST. LUC E • SARASOTA • Si. PETERSBURG • TALLAHASSEE • IAMPA • WEST PALM BEACH Danelle Carrell May 19, 2009 Page 2 As agreed upon at the Pre - Application meeting, the Conditional Use Petition and the Variance Petition will be considered concurrently by the Plamiing Commission on August 20, 2009 and by the Board of Zoning Appeals on September 29, 2009. Please do not hesitate to contact me should you require additional copies of any of the above- referenced documents, or to address any questions regarding this Application. Siincer�Ael�Iy,,Inp Kimberly J. MaPon KJM /kcw Enclosures cc: Thomas Voltero, Esq. (w /o enclosures) RM:6390635:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOCA RATON • CA RACA5 • EL LAUDERDALE • MIAMI • NAPLES • ORLA \DO -PORTS L LUCIE -SARASOTA -ST. PEI ERSSURC • TALLAHASSEE • TAMPA • %NEST PALM BEACH -4o" uo simleo 'soint-I Awn-S ce 0') C) C) C14 C6 cu E- �-w zt- ==2 Oth= :E U (3w . zm �-U)= 9L 0 U) T O 0 0 U-) C:) is is is is is is 41 is is ic is is is is is is is LL CL) R3 V) 0 O A) Lij 0 LL 0 w¢ In 0 CC L M M C) O O U-1 cc 9 Variance Petition Applicant: FLO TV, Incorporated 5860 Crews Road/Proposed Address Collier County, Florida Index of Application and Required Exhibits /Components Item No. Description and # of copies Cover Letter 2. Application and Exhibits A -D (15 copies) Ex. A: Legal Description for Property Ex. B: List of Surrounding Registered HOAs /Master Associations Ex. C: Narrative Statement Ex. D: Pre - Application meeting notes Addressing Checklist Signed by Addressing - Ex. E (1 copy) 4. Copies of Warranty Deed(s) — Ex. F (2 copies) 5. Completed Owner / Agent Affidavits (1 copy) J. Aerial Photographs Showing FLUCCS Codes, Legend, and Project Boundary — Ex. G (5 copies) Electronic Copy of All Documents and Plans (1 CDROM) 8. Conceptual Site Plan and Survey of Property Showing Encroachments (3 copies) RM:6383627:I COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 Y&N,COLUERQOV.N 1239) 252-2400 FAX (239) 643- 6968 (YaWIANCE F PETITION NO (AR) PROJECT NAME To be completed by staff PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER Above to be completed by staff %ran NAME OF APPLICANT(S) FLO TV INCORPORATED, A DELAWARE CORPORATION ADDRESS 5775 MOREHOUSE DRIVE, SAN DIEGO, CA 92121 TELEPHONE# (858) 651-3244 CELL # FAX # E-MAIL ADDRESS: NAME OF AGENT KIMBERLY J. MADISON, ESQ. ANDJAMES J. PORTER. ESQ. OF RUDEN MCCLOSKY ADDRESS 401 E. JACKSON ST., SUITE 2700, TAMPA, FL 33602 TELEPHONE * (813) 314-6709 (KIMBERLY MADISON) CELL# (813) 263-5309 FAX * (813) 314-6809 (KIMBERLY MADISON) E-MAIL ADDRESS: KIMBERLY.MADISONVRUDEN.COM AND JIM.PORTERORUDEN-COM ak Legal Description of Subject Property: See Exhibit "A" , attached. Section /Township /Range 08/50/26 Property I.D.*. 00405160008 Subdivision; Unit Lot; Block; Also known as Lot 20, Enchanted Acres Metes & Bounds Description: Acreage: 4.77 mm.l. Address of Subject Property (if different from Petitioner's address): 5860 Crews Road, Naples, FL (existing address); 5864 Crews Road, Naples, FL (proposed address) Collor County .Application 20018 EA i it LEGAL DESCRIPTION Property located in Collier, FL The West one -half (W 'h) of the Northwest one - quarter (NW ' /4) of the Southeast one - quarter (SE '/4) of the Southeast one - quarter (SE 1,4) of Section 8, Township 50 South, Range 26 East, Collier County Florida, also known as Tract No. 20. Enchanted Acres. less the South 30 feet for road right -of -way purposes. AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania corporation from Sterling Communication Corporation, a Florida corporation by Warranty Deed dated January 13, 1999 and recorded January 20, 1999 in Deed Book 2503, Page 1624. Tax Parcel No. 00405160008 Rki:6142516 I BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htto /lwww coiliergQv, net/Index as2x?oaae =774 See Exhibit "B ", attached. 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 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Minimum Yard Requirements for Sublect Prooertr Front: 75 feet Corner Lot: Yes ❑ No Side: 30 feet Waterfront Lot: Yes ❑ No Rear: 75 feet Collier Count, Application 2008 2 Zonina Land Use N PUD Non-agricultural acres a /vacant S E Non -a ricult iral aorea e/vacant E PUD Non-agricultural acreagelvacant W PUD Non- andc,till ral_acrea e/vacant Minimum Yard Requirements for Sublect Prooertr Front: 75 feet Corner Lot: Yes ❑ No Side: 30 feet Waterfront Lot: Yes ❑ No Rear: 75 feet Collier Count, Application 2008 2 Variance Petition 5860 Crews Road, Naples, Florida (Existing Address) 5864 Crews Road, Naples, Florida (Proposed Address) Applicant: FLO TV Incorporated f/k/a MediaFLO USA, Inc., a Delaware corporation 1. Falling Waters Beach Resort, Phase 1I Mr. Thomas Powers, President 6660 Beach Resort Drive, #6 Naples, FL 34114 1 Falling Waters Condominium Owners Association I Mr. Tom Lee, President 2202 Hidden Lake Drive, #7 Naples, FL 34112 3. Falling Waters Homeowners Association 11 Mr. Tim Boyle, President 2274 Hidden Lake Drive, #9 Naples, FL 34112 4. Magnolia Cove of Falling Waters Mr. Raymond C. McCabe, President 2338 Magnolia Lane, #2 Naples, FL 34112 5. Cascades of Falling Waters Condo Association Mr. George W. Baker, President 1972 Cascades Drive, #1 Naples, FL 34112 6. Cascades at Falling Waters Mr. Robert Hinklin, President 2004 Cascades Drive, #1 Naples, FL 34112 7. Failing Waters Beach Resort Master Association Mr. Donald K. Bassett, President 6580 Beach Resort Drive, #3 Naples, FL 34112 RA9.6342141 1 BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Coll;a County Application 2009 Provide a detailed explanation of the request Including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, I.e, reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. * * See Exhibit "C", attached. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0- 8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. 3. Will a literal Interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings. or structures In the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ?. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. Collier County Application 2008 9. 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. Collis County Application 2008 Variance Petition 5860 Crews Road, Naples, Florida (Existing Address) 5864 Crews Road, Naples, Florida (Proposed Address) Applicant: FLO TV, Incorporated f /k/a MediaFLO USA, Inc., a Delaware corporation Exhibit C Narrative Statement The Applicant seeks variance approval from Section 5.05.09(G)(17) of the Collier County Land Development Code ( "LDC ") so as to permit a reduction of the front and side yard setback requirements as applied to existing guy line anchors that support an existing wireless tower located at 5860 Crews Road ( "Tower "). This Variance Petition is a companion item to Applicant's pending petition for Conditional Use (CU- 2008 -AR- 14085) to permit the installation of a shelter and broadcast equipment on the same Tower. No reduction is needed from the rear setback requirements of the LDC. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The subject Tower has existed for nearly 30 years and the guy line anchors were installed in specific locations to maximize the strength and structural soundness of the Tower. Relocating the guy anchors will jeopardize the Tower's strength and structural integrity. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. The Applicant was not responsible for the construction of the Tower or the guy anchors, nor was the Applicant affiliated with the Tower or the property at the time the Tower was constructed. As such, the current location of the guy anchors constitutes a pre- existing condition existing prior to the Applicant's use of the Tower. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Strict adherence to the set back requirements will cause undue hardship to the Applicant due to the fact that the guy lines support an existing Tower and as such, they cannot be removed without jeopardizing the structural integrity of the Tower. Additionally, the location of the guy anchors was pre- existing prior to the Applicant's use of the Tower. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. The requested variance is the minimum variance required to ensure the Tower's continued strength and structural integrity in promotion of the safety and welfare of the general public. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulation to other lands, buildings, or structures in the same zoning district. The Applicant will not receive any special privileges as a result of the variance request. RM:6342568:1 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The variance request is sought to accommodate the location of existing guy anchors and, as such, the variance will have no known effect to the neighborhood or public welfare if approved. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as national preserves, lakes, golf course, etc. The Applicant is not aware of any such condition. 8. Will granting the variance be consistent with the growth management plan. The Variance request is consistent with Collier County's desire to "maximize the shared use of specified tower sites to minimize the need for additional tower sites,' as set forth in Section 5.05.09(A) of the LDC. The essential service provider for the Tower is the U.S. Department of Justice, FBI, an agency of the Federal Government, in compliance with Section 5.05.09(G)(3) of the LDC. RM:6342568:1 '�J(ti181T COLLIER COUNTY GOVERNMENT NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVEL ILES, FLORIDA 34104 WWW.COLUERGOV.NE7 (239) 403 -2400 FAX (239) 643 -6968 �V VARIANCE PETITION � PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Dates t7 Time: Assigned Planner: Project Name: Proje: Appli Firm: Current Zoning: Owner Owner Zd Name: i zd_wA , rt o 1 71 Address: kWx4_,.I Phone: S 32y- Meeting Attendees: (attach Sign In Sheet) Al �� z "X ,� " ee, . NOTES: I F1 mow L .• tea.. L_.' � W �/� � rw v11� r., W!_,i i� h AW ° t �t . t� 6164 `7 " `�Y7<YYi� IT�C7C./�� "AA CMii%lS� C.l'C.J �j, bt[ - • If telephone pre - application meeting is held, direc the petitioner to coordinate with U oft aTrytT concerning the requirement for the petitioner to send the notice letter to the surrounding property owners or to give them that information " Oil P/� al"'I ?12-1 F2& ec' e �6,)Avh�� Aa"I eS isrlvL to-� s S e VARIANCE PETITION - (VA) APPLICATION . SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Coco leted Application download from website for current form) 15 After- The -Fact Zoning /land Use Petitions 2x the normal petition fee Pre-Application meeting rotes 15 Fire Review __........._ —_ Com feted Addressing Cheddist 51 ned b Addressln Department 1 ® $500.00 Conceptual Site Plan 24" x 36" an one 8 Y� " x 11" copy 15 (over - or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). Survey of property showing the encroachment (measured In feet) Owner /Agent Affidavit signed & notarized 2500.00 EIS Review ❑ Deeds Legal'z Z Location map 1 Aerial photographs (taken within the previous 12 months min. scaled 1 "=200'), showing FLUCCS Codes Legend, and project boundary 5 X Electronic copy of all documents and plans (CDROM or Diskette) i Historical Survey or waiver request _ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 Within 30 days after receipt of the first review comment letter. 1 provide Property Owner Advisory Letter and Certification Project Narrative 15 ❑ Send copy of review package to Robin Singer, Planning Director, City of Naples 295 Riverside Circle, Naples, FL 34102 FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a now pre - application meeting will be required.) Review Fees• El $2000.00 Residential $5000.00 Non - Residentlal After- The -Fact Zoning /land Use Petitions 2x the normal petition fee $100.00 Fire Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (over - or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ 2500.00 EIS Review ❑ $1,000 Listed Species Survey (if EIS is not required) OTHER REQUIREMENTS: Agent/Owner Signature Bate PUBLIC PARTICIPATION REQUIREMENTS LOC 10.03.06 F.3. 'Any applicant requesting variance ap�ro_�vvat, or -pe4ung-exemptien- apprevaFmust provide documentation to e p an�g services department indicating that property owners within 950 feet of the subject site have been advised of the extent and nature of the variance 9Pp&4dPg-e*empfieff requested within 30 days of receipt of a letter indicating that the application is sufficient.' Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. bOLLIER COUNTY GOVERNMENT 2000 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 C� ADDRESSING CHECKLIST _ Please complete the following and fax to the Addressing Department at 239 - 252.5724 or submit In person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre- eppiloation meeting. Not all Items will apply to every project. Items In bold type are required. Forms older than a months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) ❑ ❑ SL (Blasting Permit) BD (Boat Dock Extension) ❑ SDP (Site Development Plan) ❑ SDPA (SDP Amendment) �Carnival /Clrous Permit CU (Conditional Use) ❑ SDPI (Insubstantial Change to SDP) ❑ SIP (Site improvement Plan) HEXP (Excavation PermlU Q SIPI (Insubstantial Change to SIP) ❑ SNR (street Name Change) ❑ FP (Final Plat LLA (Lot Line Adjustment) ❑ (Street Change — Unpla ) El PNC (Project Name Change) of Rights) E] Transfer ❑ ❑ PPL (Plans & Plat Review) PsP (Preliminary Subdivision Plat) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy oflengthy description may be attached) 50 ^�o "g p � HNC'- E-A-•- C 0.3 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description #more that' one) C)0 46f4; lco0OdB STREET ADDRESS or ADDRESSES (as applicable, If already assigned) • LOCA IiON rtrusl be attached showing exact location of project/site In rotation to nearest public road right -of -way . SURVEY (copy - needed only for unpiatted properties) PROPOSED PROJECT NAME (if appl/cab /e) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing pro)ects/sifes only) SDP orAR# UmuSIT Page 1 of 2 (F ADDRESSING CHECKLIST - PAGE TWO Project or development names proposed for, or already appearing in, condominium documents (If application; Indicate whetter proposed or existing) Please Check One: ❑ Checklist is to bte� Faxed back � personally -Piicckked Up APPLICANT NAME: t-P/. ((c I— ,� t v�� L lY�✓i�C�i �� T,U Q'� I �1r'1 PHONE FAX Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY Primary Numbert Address Number Address Number Address Number Approved I) Date; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 GACwrantAppllcellon FormMAddr"oln0 Choddlet rev 042909.doo ffTM Tel J" 0. KWOBILU %DALES a BRADY SUIT1 309 4WI TaNI,MI TRAIL R. "KtS, FLORIDA 34107 Inn - nSfrpmenl p•eµvru b': tety lohn D MumpbrPrille. Fun+' QD14L1I i IILDI Quarles b ai.¢i� Ml 7A11A11 71 1 1110 4501 Tam�ann r, N Nonh 14811 It 71101 1047 Style IW NaVles. Flu" 1, 14101 WARRANTY DEED 2422539 OR 2503 PG: Mil 1IM111D ID CttICILL 11CM of COLL111 COOM. TL 01 /70171 CC Ot1711 CIIGfE 1. 11 i, CL114 0011 105117.14 14t f11 10.51 M(-.71 177.11 This Indenture, made this �3 a ° day of /' Ili / V , 7999, between Sterling Communication Corporation, a Florida corporation, GRANTOR, and Renda Broadcasting Corporation a Pennsylvania Corporation, whose federal employer identification number is _ , and whose post office address is 1459 Crane Avenue, Pittsburgh, Pennsylvania 15220, GRANTEE. Witnesseth that said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration, to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida. .0 tt.. ( i + The West one -half (W tf2) of the Northwest op¢.quarter INW 1/4) of the Southeast one-quartet (St 114) of the Southeast oncquader (SE 114) of Section 8, Township So South, Range 26.East,C6114t County Florida, also known as Tract No. 20, Enchanted Acres, �s. the-Soulh 30 #eet for road right-of-way purposes. , I - prd, if any; and real Subject to restrictions, reservations and easements of r� estate taxes for the year 1999, and all sub I gquent years, bearing Property Identification Number L)0405160008. and said Grantor does hereby fully wdrfVt the;litig to said land, and will defend the same against the lawful claims of all persons wbctnisoever. In Witness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered STERLING COMMUNICATl01� in our presence: CORPORATION, a Florida orporanon W less ki nice B Ti m, as'pres5dent �� 13 •ti, __ _ 2500 Airport Road, South Print name Naples, flonda 34112 , } Witness M2 Qolh __rr'iy:nsor _ Print name D � "' OR; 2503 PG; 1625 M SLATE OF t 1'�� i ; 1 COUNTY OF_ .',.I�en The roregoing instrument was acknowledged before me this ! day of -. J&rtu�al --__ 1999, by Bruce B. Timm, as President of Sterling Communications Corporatioh, I of who is personally known to me or I ) who produced as identificatwn. NOTARY PUBLIC (SEAL1 U7r1 rZ7 /'/4 l4, r aA[ Name of Notary, Printed, Typed or Stamped My Comrniss.on Expires: !D`sSiON 0 CC 0 f131ffs 7007 02 Ja r L .« rat ,.� �-• AFFIDAVIT MediaFLO USA, Inc. is an Applicant for Deborah Barrett a wireless installation On the Well being first duly sworn, depose and say that wne�xdr�Ybwater�s�zxx property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to arid made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. the Applicant Kimberly J. Madison, Esq. As ivxp90poww Well further authorize to act as our /my representative in any matters regarding this Petition. - X Signature of Property Owner Signature of 9J1W87ty16i&W Applicant --jtTMnp--b,j, J Deborah Barrett Sr. Director, Operations mast- ern-- ReF3';:'etn Typed or Printed Name of Owner Typed or Printed Name of fwrMx Applicant The foregoing instrument was acknowledged before me this � _ day of _ L,XVIr i 202 , by - � , ( /, r,; At % /-)t ( ' i� `-r who is personally known to me or has produced as identification. JEANNE SOPER MILBRAND Commkslon # 1556612 $ :� Notory Public - Calltornlo f San DWW county My Comm. Expim Mar 1, (Signature of Notary Public) (PrimType, or Stamp Commissioned Name of Notary Public) A"PLICA nON FOR PUBLIC ACARINC 109 C0ND11!0,V.11 USE - a 14 03, ,ev' 20 2005. re,, ,? !2 03 r ni11/0 r r, AFFIDAVIT We /l, Bill Mueller on behalf of Renda Broadcasting Corp being first duly sworn, depose and say that well am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Kimberly Madison of Ruden McClosky to represent Renda Broadcasting in relation to the conditional use petition and. to act as our /my representative iq anV af regarding this Petition. L Signature of P Bill Mueller Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this rx�"�X-day of 20�, by ��c.� L 7� / r.L(c who is personally known to me or has produced as identification. i (Notary Stamp) (Sig�of Notary Pu (Print, Type, or Stamp Commissioned Name of Notary Public) Page 10 of 10 Conditional Use Extension Application - Feb. 2008 • Ramsey Inc. Environmental Consullmng 263p14t1 f 239.96$ . -s f i! IN " n _y f i' •� 1�4 IC e / f a i •YI o � i R r 1 1 1 / • ��•� w � A °.1_ 1 �4 - 4 ii � • � 1- PROJECT: BLACK : TAMPA 011 �1. �Y� G�n ;N a �� oLL34a wo Y b' Ag "<n e ° ° "i h a W n o N J � N M O vi w LL. w ry J U a_ fn Q Z J 00 a L Q Z "k > i4 ;� I 0) iW*-i el o', f Z <o hip z' Old g < �W $goo o �"em " _dgR a wgba;. O 0 E W ° U i Q' 8 �� ° PueS q r y a° 56. Y j a� 4 0 0`~ 3 �S Santa Barbara Blvd _.�•1 f- � u zig - 4 n g < �W $goo o �"em " _dgR a wgba;. O 0 E W ° U i Q' 8 ° PueS q r y g E� g p �SaetBlvd 56. Y w Santa Barbara Blvd _.�•1 f- � _6v�rl Pings Lake Blvd P/+18 uernep m �rr�od Blvd ,fit. 0 E i Q' ° PueS q r y p �SaetBlvd Y w Santa Barbara Blvd _.�•1 f- � - 4 •_ d i y a i ounty Barn Rd ] +p aN,a m n len Eagle _6v�rl Pings Lake Blvd P/+18 uernep m �rr�od Blvd ,fit. 8 �f f � � s .9c I\ I I I I I /J a / I 4 17 f Pf 3 e. F �e c: e� �e u I Q I e I k I ? 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F ��:� ■ ■ ■ ■ ■ ■ ■1 r ■ ■ ■ ■■■■k 011 OWN Mo, ► ♦`+1 ® ♦ ♦� a •.. �'s� ♦ ♦4- . � �. n ,f i ♦�♦ °�♦'�v�'�'.♦i► ♦ice\ �� - ":�� ♦i ♦! welt, p a • / • 1 . r-nPP- • -J. AGENDA ITEM 10 -B G0 er Cm ty SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL, SERVICES DIVISION HEARING: JANUARY 7, 2010 SUBJECT: PETITION CU- 2008 -AR- 14085, FLO TV INCORPORATED (COMPANION ITEM VA -PL- 2009 -037) PROPERTY OWNER/AGENT: Owner: FLO TV, Inc. 5775 Morehouse Drive San Diego, CA 92121 REQUESTED ACTION: Agent: James J. Porter, Esq. /Kimberly J. Madison, Esq. Ruden, McClosky, Smith, Schuster and Russell, P.A 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use Number 3 of the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC), for a communications tower and related mechanical equipment shelters. PURPOSE/DESCRIPTION OF PROJECT: This item and its companion Variance petition were heard by the CCPC at their October 15, 2009 public hearing. However, due to issues raised by CCPC members necessitating further research, the applicant requested a continuance of the hearing, which was ultimately rescheduled for January 7, 2010. The specific questions raised by the CCPC are listed below, with staffs responses highlighted in bold font: CU- 2008 -AR -14085 12/17109 1. Was a certificate of occupancy ever issued for the new tower and, if so, why wasn't the old tower dismantled as required by the approving Conditional Use Resolution (No. 93- 219)? The new tower was properly inspected and did receive the required certificate of occupancy prior to becoming operational. However, because the Building Department inspectors do not refer to the approved resolution to verify that the conditions of approval attached to them, if any, have been fulfilled, they did not know of the condition of approval attached to Resolution No. 93 -219 that required the old tower to be dismantled. Nevertheless, ensuring compliance with such conditions of approval is normally under the purview of Zoning and Land Development Review staff, and occurs at the time of site development plan (SDP) review and approval. However, in this instance, the applicant needed to maintain the old tower on the site until after the new tower was erected so that the existing antennae could be transferred from the old tower to the new one without an interruption in service. Because of this unique circumstance, Zoning and Land Development Review staff should have required a note on the SDP stating that the old tower had to be removed after the transfer took place, so that it might have been clear to the building inspector that it needed to be dismantled. However, it should be noted that the approved SDP did not depict the old tower —only its concrete pad — and referred to the new tower as the "replacement tower." The application submitted with that SDP was also unambiguous about the applicants' intent to dismantle the old tower, stating "This SDP amendment is only to replace the existing communications tower structure" and "all the antennas on the existing tower [will be] moved to the new tower... and the existing tower removed." 2. LDC Section 5.05.09. 0.3 allows standalone communications towers with Conditional Use approval, provided the tower is owned by, or leased to, an essential service that is the primary user. What is the difference between an essential service "tower" versus an essential service "antenna "? CU- 2008 -AR -14085 12117109 The LDC defines a tower as "a structure whose primary purpose is to raise the height of an antenna." No definition is provided for an antenna or for the "primary user." Nevertheless, staff has historically defined a primary user as a governmental entity whose antenna must remain on the tower for as long as the tower exists; so while other commercial users are free to use a particular tower and then relocate their antennae to other towers as needed, the governmental entity's antenna is obligated to remain. As such, it is staff's opinion that any tower with an essential service's antenna(e) mounted on it is an essential service tower. 3. Can the essential service user be a leasee? If so, what happens to the other antennae on the tower if the essential service user decides not renew their lease? Does the tower have to come down? According to LDC Subsection 5.05.09.G.3, towers may indeed be leased to a governmental entity. The LDC is silent as to what would happen to the non - essential service users' antennae on a tower should the essential service user decide not renew his lease and move his antennae elsewhere. (For a list of the commercial tenants on the site's towers, see Appendix 1.) However, pursuant to a policy memo by the Zoning Director, an essential service tower in the E zoning district may not be without a replacement essential service user for a period of more than six months, or else a Code Enforcement violation would be initiated to have the tower dismantled. 4. What is the required "collapse zone" for the tower? Normally, the required collapse zone for towers over 185 feet is 2.5 times the tower's height from any adjoining residential zoning districts. However, essential service towers are exempted from this requirement. Nevertheless, the applicant has provided staff with a certified letter from a Florida - licensed engineer (Appendix 2) testifying that, in his opinion, due to the design of the guy lines on the subject towers, "it is virtually impossible for the towers] to fall in a straight line the way a tree might." Rather, if a tower were to collapse, it would "fall in upon itself in an accordion -type fashion, with the debris contained within the anchor radius of the guy cables." 5. Are lights required for the subject towers since they are in excess of 150 feet? CU- 2008 -AR -13085 12/17/09 Yes. The project was reviewed and approved by the Collier Mosquito Control District, who determined that only one of the towers needed to maintain either a solid red beacon or a dual mode light since the towers are a mere 50 feet apart. However, as noted in the letter from the agency provided to the applicant (see Appendix 3), this exemption is strictly limited to the subject site only and would not automatically apply to other sites in the County. Mosquito Control also informed staff that, due to the towers' heights, the Federal Aviation Administration (FAA) might still require both towers to maintain lights. As such, a condition of approval has been incorporated into the attached resolution requiring that both towers be equipped with lights unless a waiver of this requirement is granted by the FAA. 6. Are communications towers routinely inspected by the County? According to LDC 5.05.09.G.14, guyed towers exceeding 185 feet are to be inspected every two years by an engineer or other qualified professional, and any recommended repairs are to be made without delay. The report of this inspection is required to be filed with the County Manager no later than December 1 of the applicable inspection year, and if such report recommends repairs, a letter verifying that the repairs have been made is also required to be submitted to the County Manager following to their completion. To ensure that this requirement is fulfilled, staff is mailing notification letters to each of the affected tower owners informing them of this biannual requirement. The reports subsequently submitted by these owners will then be reviewed by County Engineering staff and maintained on file with the repair reports, if any. Staff will be following up with the CCPC on this new protocol after the New Year in order to apprise them of its status. 7. What happened to communications tower on Tower Road? Why did it collapse? This tower collapsed under usual circumstances in that its failure was not caused by a hurricane, tornado or other violent wind, but rather by a propane fire that was ignited while the tower was being welded. The heat from the gas - fuelled fire actually melted the steel lattice, provoking its collapse. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on December 10, 2009, RECOMMENDATION: Zoning and Land Development Review staff recommends that the CCPC forward Petition CU- 2008 -AR -14085 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following stipulations: CU- 2008 -AR -14085 12117/09 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. Development on the site shall be restricted to 3,359 square feet of impervious area. 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Both towers on the site shall be equipped with either solid red beacon or dual mode lights unless a waiver of this requirement is granted by the Federal Aviation Administration (FAA). 5. All guy line anchors shall be fenced pursuant to LDC 5.05.09.G.12. 6. One tower on the site shall be owned by or leased to a governmental entity for government- related, essential service purposes. Should this entity remove its antenna(e) from the tower, the property owner shall immediately notify the County and replace the antenna(e) with another essential service user within sixty days. CU-2008-AR-14085 12/17/09 PREPARED BY: z z) 1 a _ JO DAVID MOSS, AICP, PRINCIPAL PLANNER AT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: Z kAYMOYD V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DA�TTEE� DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: K. SCHMITT, ADMMIIN_IS y O 1 DATE NITY DEVELOPMENT AND ENVIRONMENTAL IS DIVISION Tentatively scheduled for the February 23, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN CU- 2008 -AR -14085 12117/09 DATE Ann From: Madison, Kimberly J. Sent: Thursday, December 31, 2009 10:59 AM To: Jones, Ann Subject: FW:FLO TV - -- Original Message - - - -- From: MossJohndavid [mailto:JohndavidMoss @colliergov.net] Sent: Wednesday, December 30, 2009 1:30 PM To: Madison, Kimberly J. Subject: RE: FLO TV No. It has unfortunately been published and sent. It will be easy to correct on the record though. The report itself is clear that it is six months based on the Director's determination. NW - - - -- Original Message---- - From: Madison, Kimberly J. [mailto :kimberly.madison @ruden.com] Sent: Wednesday, December 30, 2009 1:24 PM To: MossJohndavid Cc: Jones, Ann Subject: Re: FLO TV So there is no way to revise the actual report? On Dec 30, 2009, at 1:22 PM, 'MossJohndavid" <JohndavidMoss @colliergov.net > wrote: > Kim, • I'm sorry for the error. I will correct that on the record at the • hearing because the reports have already been sent out to the PC. • JD • - - - -- Original Message - - - -- • From: Madison, Kimberly J. [mailto :kimberly.madison @ruden.com7 • Sent: Wednesday, December 30, 2009 8:22 AM • To: MossJohndavid • Cc: Jones, Ann • Subject: Re: FLO TV > Hi John -David > Could you please revise page 5, paragraph 6 of the report. It says > "60 days" instead of ^6 months^ for the time required to replace the > essential service provider. It should be 6 months (in accordance with > the recommendation of 6 months made on page 3 §3 of the report). 1 > Thanks and happy new year!! • On Dec 23, 2009, at 4:39 PM, "MossJohndavid" > <JOhndavidMoss @colliergov.net >> wrote: >> Kim, >> Attached is the CU report. The VA didn't change. » >> Have a nice holiday!! Talk to you next week if you have questions, >> JD >> From: Madison, Kimberly J. [ mailto :kimberly.madison @ruden.com] >> Sent: Wednesday, December 23, 2009 10:38 AM >> To: MossJohndavid >> Cc: Jones, Ann >> Subject: FLO TV >> Good morning John - David: >> Are the revised staff reports available yet? Thanks! >> Kimberly J. Madison >> Attorney >> 401 East Jackson Street >> Suite 2700 >> Tampa, FL 33602 >> Direct 813 - 314 -6709 1 Fax 813 - 314 -6809 kimberly.madison @ruden.com >> www.ruden.com >> To subscribe to our advisories, please click here. >> <http: / /www.ruden.com /publications - subscribe.html> 2 » NOTICE: This e -mail message and any attachment to this e -mail message >> contains confidential information that may be legally privileged. If >> you are not the intended recipient, you must not review, retransmit, >> convert to hard copy, copy, use or disseminate this e -mail or any >> attachments to it. If you have received this e -mail in error, please » notify us immediately by return e -mail or by telephone at >> 954- 764 -6660 and delete this message. Please note that if this e -mail >> message contains a forwarded message or is a reply to a prior >> message, some or all of the contents of this message or any >> attachments may not have been produced by the sender. >> <SUPPLEMENTAL STAFF REPORT12_2_09 (666).docx> <- WRDOOO.jpg> >> <image0OI.jpg> 3 f Cot ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: OCTOBER 15, 2009 SUBJECT: PETITION CU- 2008 -AR- 14085, FLO TV INCORPORATED (COMPANION TO VARIANCE PETITION VA -PL- 2009 -037) PROPERTY OWNER/AGENT: Owner: Agent: FLO TV, Inc. James J. Porter, Esq. /Kimberly J. Madison, Esq. 5775 Morehouse Drive Ruden, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for Conditional Use Number 3 for communications towers and related mechanical equipment shelter in the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The approximately 4.77 -acre subject property is located at 5860 Crews Road, which is south of Davis Boulevard and east of County Barn Road, in Section 8, Township 50 South, Range 26 East, of Collier County, Florida (see the location map on the following page). PURPOSE /DESCRIPTION OF PROJECT: On May 25, 1993, Resolution No. 93 -219 (see Appendix 1) was approved for a Conditional Use on the subject property to allow the replacement of an existing 438 -foot guyed communications tower and its associated mechanical equipment structures with a 430 -foot guyed communications tower and a 2,400 square -foot building. Six years later, due to a federally mandated frequency and power change that could not be accommodated on the site's tower and antenna, the owner of CU- 2008 -AR -14085 September. 24, 2009 Page 1 of 8 the property, Renda Broadcasting, amended the SDP to allow for another replacement communications tower with a much stronger 394 -foot tower. However, instead of removing the tower and erecting a new one, as per the approved SDP, the new tower was simply erected approximately 50 feet away from the existing tower, thereby expanding the use on the site. Not only was this additional tower in violation of the approved SDP, it also contravened Resolution No. 93 -219, which permitted only one communications tower, and further stipulated that any "expansion of the uses... or major changes to the site plan submitted... require the submittal of a new conditional use application..." It was not until the applicants, who lease tower space from the owners, attempted to permit an antenna on what was supposed to be a dismantled tower that the County became aware of this violation. In order to redress the infraction and comply with the terms of the approved resolution, the applicant has submitted the subject Conditional Use application, which if approved, would legitimize the existence of the additional communications tower and allow for the expansion of the use on the site. As shown on the Conceptual Site Plan on the preceding page, entitled, "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009, the unmanned facility is somewhat centrally located on the site, allowing the E Zoning District's required 75 -foot front and rear yard setbacks and 30 -foot side yard setbacks to be well exceeded. The two existing communications towers and their accessory equipment shelters are shown enclosed within a chain -link fence. The towers are spaced 50 feet apart and linked by elevated walkways labeled as "coax bridges." The walkways connect the towers to a newly proposed 224 Aerial View square -foot equipment shelter, which would house a generator and transformer, and would be mounted by two new dish antennae and a GPS antenna. Two existing parking spaces for the facility are also shown within the facility's gates, accessible via a private drive from Crews Road. A dead -end, dirt spur road provides access for maintenance vehicles to the tower - CU- 2008 -AR -14085 September 24, 2009 Page 2 of 8 ® supporting guy lines and anchors adjacent to the eastern boundary of the site (these guy lines and anchors, as well as others on the western boundary of the property, are the subject of the companion Variance application). Along the northern boundary of the site, a 20,786 square -foot conservation easement is proposed. Because the site is heavily wooded, as shown in the aerial photograph on the preceding page, the existing vegetation would serve to satisfy the project's perimeter buffer requirements. Because of the limited nature of the proposed change, 79.3 percent of the site would remain as open space. • SURROUNDING LAND USE & ZONING: North: Vacant land, zoned Falling Waters PUD East: Vacant land, zoned Falling Waters PUD South: Crews Road, then vacant land, zoned E West: Vacant land, zoned Falling Waters PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban-Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the designation permits non - residential uses, including utility and communication facilities. FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis. Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the Future Land Use Element. CU- 2008 -AR -14085 September 24, 2009 Page 3 of 8 ANALYSIS: A Conditional Use is defined in the LDC as, "A use that due to special circumstances is not permissible in a zoning district, but may be appropriate if controlled as to number, area, location, or relation to the neighborhood." Per LDC Section 10.07.02.D, before any Conditional Use can be recommended for approval to the Board of Zoning Appeals (BZA), the Planning Commission must make a finding that: 1) approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use have been met by the petitioner; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As noted above, the existing communications towers are consistent with the provisions of the Urban Residential Subdistrict of the GMP. Furthermore, the LDC permits communications towers as a Conditional Use in the E Zoning District provided that the tower is owned by or leased to an essential service, which is also the primary user. Pursuant to LDC subsection 5.05.09.G.3, Essential Services, such governmental uses include, but are not limited to, safety service facilities such as fire stations, sheriff's substations or facilities, emergency medical service facilities, or any other similar use where a communications tower could be considered a logically associated use. (It should be noted that while there is no definition in the LDC, staff has historically defined this "primary user" as any approved governmental entity which must remain on the tower for as long as the tower exists; so while other commercial users' are free to use the tower and then relocate their antennae to other towers as needed, the governmental entity is obligated to remain.) As noted in the applicant's narrative statement (Exhibit D to the application), the new tower would meet this provision as the primary user would be the Federal Bureau of Investigation (FBI), an agency of the US Department of Justice. Since Resolution No. 93 -219 was for a Conditional Use to allow the replacement of a tower that was never actually removed, staff determined via a zoning verification letter issued on April 3, 2008 (ZLTR 2007 -AR- 12825) that the old tower was now an illegal use. As such, the purpose of the subject Conditional Use is to seek approval of an expansion of the use, pursuant to Resolution No. 93 -219, and legitimize the old tower's existence alongside the newer tower. Both the GMP and LDC subsection 5.05.09.G.9 encourage the placement of more than one tower on a site, provided that all setbacks, design and landscape requirements are met and the structures are only located as close to each other as technically feasible so that the failure of one tower would not cause the failure of (or present an unacceptable risk to) any other tower on the site. Although staff would normally insist that this tower comply with the aforementioned E zoning district's provision to have an essential service as the primary user, in this instance, staff considers the subject property to be an essential service site since the other tower would already have a governmental entity as its primary user. CU- 2008 -AR -14085 September 24, 2009 Page 4 of 8 N1 Essential services may be allowed to any height as required for the particular use at its specific location. According to the applicant, the height of the towers proposed would be approximately 450 feet, which measurement includes the tower and the pole - mounted antennae at the top. (It should be noted that Resolution No. 93 -219 did not restrict the height of the replacement tower on the site.) However, because the towers are in excess of 150 feet, the project had to be reviewed by the Collier Mosquito Control District, who determined that the towers would be required to maintain either solid red beacon or dual mode lights, pursuant to Federal Aviation Administration (FAA) standards as required by LDC5.05.09.G.13. As an essential service, the towers would also be exempt from the collapse zone requirements for towers over 185 feet (which is 2.5 times the tower's height from any adjoining residential zoning districts). Therefore, with the conditions of approval recommended by staff and the Board of Zoning Appeals' (BZA) approval of companion item VA -PL- 2009 -037, the facility would be consistent with the applicable provisions of the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Transportation Planning staff has reviewed the application and has determined that no transportation issues are associated with the project. As previously noted, the facility is unmanned, and the site is only occasionally visited by a service crew member in order to perform routine maintenance. The facility is accessible to their vehicle(s) via Crews Road, and two on -site parking spaces have been provided for them, as required pursuant to LDC subsection 5.05.09.G.11. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously noted, the two communications towers and accessory structures are surrounded by vacant and wooded E -zoned properties. As the subject property is similarly vegetated, existing flora on the site would serve as a buffer between the facility and adjacent properties, as permitted by LDC subsection 5.05.09.G.21. Although no offending noise or glare is generated by the facility, if the surrounding properties were to develop, these buffers, CU- 2008 -AR -14085 September 24, 2009 Page 5 of 8 combined with the site's enhanced setback yards, would effectively mitigate potential impacts. 4. Compatibility with adjacent properties and other property in the district. As noted in the application, the site has been the location of a communications tower and mechanical shelters for nearly 30 years, for which Resolution No. 93 -219 authorized replacement; and the two existing towers have been in operation on the site since 1999. During this time, there have been no recorded complaints from adjacent property owners. Moreover the facility is separated from the closest single - family home by a distance of over 300 feet, and further buffered by 75 feet of vegetation. Due to this plant material, the facility's somewhat isolated location on the site, and the limited nature of the proposal (to legitimize an existing tower and add a mere 224 square -foot equipment shelter) any impacts on the surrounding neighbors would be minimized and compatibility insured. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION: Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because the site is less than ten acres and is not in a Special Treatment (ST) area or an Area of Critical State Concern (ACSC). (Provided by Cheri Rollins, Administrative Assistant) The applicant duly noticed and held the required NIM at the Fairfield Inn by Marriott on April 15, 2008 at 5:30 p.m. No one from the community attended, and the meeting was officially ended at 5:45 p.m. One letter of objection (to the construction of a tower, which the application does not propose) has been received from the community, which has been attached as Appendix 2. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on July 30, 2009. RECOMMENDATION: Staff recommends that the CCPC forward Petition CU- 2008 -AR -14085 to the BZA with a recommendation of approval, subject to the following conditions: 1. The Conditional Use is limited to what is shown on the Conceptual Site Plan, identified as "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009. The site plan noted is conceptual in nature for Conditional Use approval only. The final design must be compliance with all applicable federal, state, and county laws and regulations. 2. The southernmost tower shall be owned by or leased to a governmental entity as the primary user of the tower and shall be for this entity's government- related purposes. C'U- 2008 -AR -14085 September 24, 2009 Page 6 of 8 3. Maximum height of the two towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 4. Development on the site shall be restricted to 3,359 square feet of impervious area. 5. Maximum height of the towers on the site shall be limited to 455 feet, including antennae, lightening rods and other appurtenances. 6. All guy line anchors on the site shall be fenced. ATTACHMENTS: Appendix 1: Resolution No. 93 -219 Appendix 2: Letter of Objection CU- 2008 -AR -14085 September 24, 2009 Page 7 of PREPARED BY: JOHN -DAVID MOSS, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE DATE Tentatively scheduled for the December I, 2009 Board of Zoning Appeals Meeting. CU- 2008 -AR -14085 September 24, 2009 Page 8 of 8 AGENDA ITEM 1D-A Co *er County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: JANUARY 7, 2010 SUBJECT: PETITION VA- PL2009 -037, FLO TV INCORPORATED (COMPANION ITEM CU- 2008 -AR- 14085) PROPERTY OWNER/AGENT• Owner: Agent: FLO TV, Inc. James J. Porter, Esq./Kimberly J. Madison, Esq. 5775 Morehouse Drive Rude-n, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REOUESTED ACTION, fa have the Collier County Planning Commission (CCPC) consider the following three after -the- fact Variances of Land Development Code (LDC) subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, for the guy lines and anchors of communications towers in excess of 75 feet in the Estates (E) Zoning District: L A Variance of 55.7 feet from the 75 -foot front yard setback requirement to permit a 19.3 - foot setback; 2. A Variance of 22.3 feet from the 30 -foot eastern side yard setback requirement to permit a 7.7 -foot setback; and 3. A Variance of 22.6 feet from the 30 -foot western side yard setback requirement to permit a 7.4 -foot setback. PURPOSE/DESCRIPTION OF PROJECT This item's companion Conditional Use petition was heard by the CCPC at their October 15, 2009 public hearing. However, due to issues raised by CCPC members necessitating further research, the applicant requested a continuance of the hearing, which was ultimately rescheduled VA- PL2009 -037 12/17109 for January 7, 2010. As such, the previously submitted Variance staff report is being attached to this supplement. RECOMMENDATION: Zoning and Land Development Review staff recommends that the CCPC forward Petition VA- PL2009-037 to the Board of Zoning Appeals (BZA) with a recommendation of approval, as noted in the attached Staff Report. PREPARED BY: JOI%_ 2 Z %_T_ JO DAVID MOSS, AICP, PRINCIPAL PLANNER A 1A DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: IZ Lt p, RAYMOND V. BE P* WS, ZONING MANAGER ATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW `n- jAb.,., per, %d / -7 x /04 SUSAN M. ISTENES, AICP, DIRECTOR DATE' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: f . SC I ADMINISTRATOR DATE NITY DEVELOPMENT AND ENVIRONMENTAL S DIVISION Tentatively scheduled for the February 23, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN 2 VA- PL2009 -037 12/17/09 Co�ev County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: OCTOBER 15, 2009 SUBJECT: PETITION VA -PL- 2009 -037, FLO TV INCORPORATED (COMPANION TO CU PRETITION CU- 2008 -AR- 14085) PROPERTY OWNER/AGENT: Owner: Agent: FLO TV, Inc. James J. Porter, Esq. /Kimberly J. Madison, Esq. 5775 Morehouse Drive Ruden, McClosky, Smith, Schuster and Russell, P.A San Diego, CA 92121 401 East Jackson Street, Ste. 2700 Tampa, FL 33602 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider the following three after -the- fact Variances of Land Development Code (LDC) subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, for the guy lines and anchors of communications towers in excess of 75 feet in the Estates (E) Zoning District: 1. A Variance of 55.7 feet from the 75 -foot front yard setback requirement permit a 19.3 - foot setback; 2. A Variance of 22.3 feet from the 30 -foot eastern side yard setback requirement to permit 7.7 -foot setback; and 3. A Variance of 22.6 feet from the 30 -foot western side yard setback requirement to permit a 7.4 -foot setback. GEOGRAPHIC LOCATION: The 4.77 -acre subject property is located at 5860 Crews Road, in Section 8, Township 50 South, Range 26 East, in Collier County, Florida (see location map on the following page). I'A- 2009 -PL -09 -037, FLO 71 September 29. 2009 Page 1 qf6 PURPOSE/DESCRIPTION OF PROJECT: As noted in the companion application, the applicant is seeking to legitimize the continued existence of two guyed communications towers on the subject property. According to LDC 5.05.09.G.17, however, ground- mounted guyed towers in excess of 75 feet in height are required to provide the minimum yard requirements of the base zoning district between each guy anchor and all property lines. Since the subject towers exceed 75 feet in height and the subject property is in the E Zoning District, the required front and side yard setbacks for the guy anchors are 75 feet and 30 feet, respectively. (All of the towers' rear guy anchors are a sufficient distance from the rear property boundary and, therefore, unaffected by its required 75 -foot setback). As shown on the Conceptual Site Plan on the preceding page, entitled, "Overall Site Plan," prepared by Black and Veatch, and dated September 28, 2007, as revised through April 9, 2009, the two communications towers and accessory equipment shelters are shown in a chain -link fence enclosure somewhat centrally located on the site. The communications towers are spaced 50 feet apart and supported by guy lines and anchors that are depicted adjacent to the southern, eastern and western boundaries of the site. As shown on the Conceptual Site Plan, two of these anchors are located within the 75 -foot front setback yard, two are within the western side setback yard, and three are within the eastern side setback yard. Because these guy lines and anchors were specifically installed in these locations to maximize their strength and the structural soundness of the towers, according to the applicant, their subsequent relocation could jeopardize the towers' integrity. Therefore, the following three after- the -fact Variances are being requested: • 55.7 feet from the 75 -foot front yard setback requirement, to permit a 19.3 -foot setback; • 22.3 feet from the 30 -foot eastern side yard setback requirement, to permit a 7.7 -foot setback; and • 22.6 feet from the 30 -foot western side yard setback requirement, to permit a 7.4 -foot setback. Although there are seven guy line anchor encroachments affecting three different setback yards, staff normally requests Variances for only the ones that encroach the most into each of the setback yards. (For example, if a setback of 7.7 feet is ultimately approved in the eastern setback yard then, as depicted in the Master Plan, the offending 8.4 -foot and 13.7 -foot guy anchors in this yard would automatically be rendered lawful since they encroach even less than 7.7 feet.) While it is true that this would ultimately grant the applicant the right to relocate the other guy lines closer to the property boundary, the applicant's justification for the after- the -fact Variances in the first place was because the anchors could not be moved without jeopardizing the integrity of the towers. Nevertheless, staff is amenable to stipulating the precise setback of each guy line anchor, as noted in the conditions of approval. SURROUNDING LAND USE & ZONING: North: Undeveloped land, zoned Falling Waters PUD East: Undeveloped land, zoned Failing Waters PUD South: Crews Road, then vacant land, zoned E West: Undeveloped land, zoned Falling Waters PUD VA- 2009 -PL -09 -037. 5LO TV September 24. 2009 Page 2 of 6 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban -Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the designation permits non - residential uses, including utility and communication facilities. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. As previously noted, the subject Variances are sought to allow a reduction of the 75- foot front yard setback requirement and 30 -foot side yard setback requirement for the guy anchors of two existing communications towers. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses as set forth in the LDC. It is the responsibility of the Zoning and Land Development Review staff as part of their review of the petition in its entirety to perform this compatibility analysis. Based upon the above analysis, staff concludes that the proposed Conditional Use may be deemed consistent with the Future Land Use Element. ANALYSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. As shown in the aerial photograph in the companion Conditional Use, development on the subject property is primarily confined to a centralized location occupying just 21 percent of the site. This area is then surrounded by dense natural vegetation which occupies the remaining 79 percent of the property. The requested Variances from the required front and side yard setbacks are for guy lines and their anchors only, which have a negligible impact compared to other types of development. Furthermore, the site is mostly surrounded by undeveloped land, especially along the boundaries in which the Variances are being requested. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre- existing conditions relative to the property, which is the subject of the Variance request? The current property owner, Renda Broadcasting, was the property owner at the time that the new tower was erected and the old one was left standing. However, the conditions on the site are pre - existing for the applicant, who leases space on the towers from the owner. In addition, a single communications tower has been in operation on the subject property for V'A- 1009 -PL -09 -037. FLO TI' Seplember 29. 2009 fog, 3 of 6 nearly 30 years, and two have been in existence since 1999. Neither of the towers has had any complaints registered with the County. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. In their application, the applicants contend that adherence to the required setbacks would require the removal and relocation of the guy lines and anchors, which would jeopardize the structural integrity of the towers the support. Therefore, the enforcement of the required setbacks would create practical difficulties for the applicant. However, according to the LDC, the towers' bases, guy anchors, outdoor equipment and accessory structures need to be fenced. As everything on the site except the guy line anchors is presently fenced, staff has included a condition of approval requiring that they also be enclosed. d. Will the Variances, if granted, be the minimum Variances that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Variances requested would be the minimum to make possible the reasonable use of the existing communications towers. Since relocation of these towers' guy lines and anchors could jeopardize public safety, and because existing vegetation on the site and the surrounding areas would adequately screen the guy lines and anchors located in the reduced setback yards, it is staff s opinion that the standards of health safety and welfare would be promoted if the Variances were approved. However, if the Variances were not approved, the petitioner would still have reasonable use of the land. e. Will granting the Variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. However, as noted in the Conditional Use application, the communications tower would be located on an essential service site utilized by the FBI. Therefore, the general public, and not only the applicant, would benefit. E Will granting the Variances be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variances would merely legitimize the existence of two communications towers that have been operating on the site without complaint for at least a decade. If the requested Variances are granted, the reduced front and side setback yards would not be detrimental to the neighborhood or the public's welfare due to the fact that the site itself and the surrounding properties are heavily wooded. Furthermore, the communications towers would meet all of the other requirements of LDC 5.O5.O9.G, Development Standards for Communications Towers. Finally, if approved, the project would further LDC 5.05.09, Communications Towers, subsection A which, among other 1'A- 2009 -PL -09 037. bLO TI' September 24, 2009 Page 4 of 6 objectives, encourages "the shared use of specified tower sites to minimize the need for additional tower sites." g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, as previously noted, only 21 percent of the site is developed, so the preponderance of the 4.77 -acre site would remain as natural open space. Furthermore, the site is generally surrounded by undeveloped land, particularly along the boundaries affected by the requested Variances. Therefore, the visual aspect of the guy lines and anchors would be screened by vegetation and their negligible impact well mitigated. h. Will granting the Variances be consistent with the Growth Management Plan (GMP)? Approval of this Variance petition would not affect or change the requirements of the Growth Management Plan. As previously noted, communications towers are an authorized use in the Urban -Mixed Use District, Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed this staff report, revised on September 28, 2009. RECOMMENDATION: Staff recommends that the CCPC forward petition VA -PL- 2009 -037 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following condition: 1. The Variances granted shall be strictly limited to the front and side yard encroachments of the guy lines and their support anchors, as depicted in the applicant's submitted survey, dated September 18, 2008, included as Exhibit A. 2. All of the guy line anchors on the site shall be enclosed by a fence. VA-2009-PL-09-037, PLO I September 24, 2009 Page 5 aJ'6 PREPARED BY: JOHN -DAVID MOSS, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY- ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION MARK P. STRAIN, CHAIRMAN DATE Tentatively scheduled for the December 1, 2009 Board of Zoning Appeals Meeting. 1.4- 2009 -PL -09 -037, FLO 71 September 24. 2009 Page 6 of 6 DAVE HALLOWELL - P.E. Director, Emerging Carriers Project Management, Business Development, Engineering, Estimating, Construction Education Bachelors, Civil, University of Nebraska, 1992 Professional Registration Engineer -in- Training, Nebraska, 1991 Engineer (PE), Florida, 1997 Engineer (PE) Kansas, 1997 Total Years Experience 18 Dave Hallowell is currently serving as Director, Emerging Carriers. He is responsible for the overall direction, business development, strategy and representation of Black & Veatch in the wireless industry. His expertise in engineering and construction covers most major wireless technologies (CDMA, TDMA, GSM) and includes expertise in all site types including roof- top, co- locate and raw land sites. Dedicated to telecommunications projects since 1996, he has held responsible positions that require his expertise in engineering and construction for multiple clients in both office and field assignments. He has relevant experience in the development of project cost estimates as well as development of detailed project schedules. Representative Project Experience Black & Veatch, Overland Park, KS Present Director, Emerging Carriers — Provide market leadership for products and services offered by Black & Veatch to support the development of emerging wireless network carriers. Specific responsibilities include; business development, establishing strategic direction, providing industry representation, evaluating and selecting strategic partners, leading sales teams to support new business growth, analyzing industry trends, driving effective project execution and developing solutions to meet the demands of our wireless customers. Joined B&V Qualcomm -FLO TV — Site Development 1992 2006 - Present Project Manager — Responsible for nationwide turnkey deployment of new Professional Associations American Society of Civil technology broadcast sites. The majority of the sites are tall tower sites or Engineers mountain top sites. All equipment is indoor equipment and either requires deployment of a shelter or a tenant improvement. Sprint - Nextel — Site Development 2006 - Present Project Manager — Responsible for turnkey deployment of 129 wireless sites in Southern California. Sites are located in difficult jurisdictions and require complex zoning submittals as well as stealth construction. Sprint - Nextel — Site Development 2005-2006 Project Manager — Responsible for the development and deployment of back- up power solutions on 608 existing sites in the Southeast Region. Solutions include design and installation of fuel cells, micro - turbines, dual fuel generators on existing Sprint - Nextel sites. Black & Veatch — Construction Operations Manger Central and Western Region 2004-2006 Operations Manager - Telecom Construction — Responsible for all construction services within regions including construction execution strategies, status reporting for construction activities, cost estimating, procurement, construction Black & Veatch 1 9/5/2008 DAVE HALLOWELL - P.E. staffing and overhead cost control. Managed 50 construction managers nationwide. Alamosa PCS — Site Development 2004-2005 Project Manager — Responsible for the development and deployment of new capacity and coverage site in Alamosa's PCS network. Scope of work includes installation activities for sites located in the Midwest and Southeast. Project team includes engineers, construction managers, procurement, construction craft employees and construction subcontractors. Sprint PCS South Central Region — Site Development 2003 -2005 Project Construction Manager — Assisted in deployment of 230 sites across the Sprint South Central Region. These sites were located in Texas, Louisiana, Arkansas, and Oklahoma. Sprint PCS Northeast, Southeast and North Central Regions — Project Mercury 2003 -2005 Project Construction Manager - Managed the site acquisition, engineering and construction services on forward and reverse link upgrades to over 300 sites. These upgrades were completed on existing Sprint sites and included installation of Remec TMA's, Nortel H -MFRM radios, and Powerwave MCPA's. The sites were located in the Northeast, Southeast and North Central Regions of the country. Responsibilities included managing site acquisition, engineering, direct hire craft employees, subcontractors, and the construction management stair located in the field. Sprint Sites USA — Integrated Construction Services Program 2002 Project Construction Manager - Managed the construction for over 160 wireless sites. These sites were all collocations on existing Sprint Sites USA towers located in the Great Lakes, Midwest and Southern Regions of the country. Responsibilities included managing direct hire craft employees, subcontractors, and the construction management staff located in the field. Genuity PoP Buildout, Western United States 2001 -2002 Project Construction Manager - Managed the construction for 12 fiber Point of Presence (PoP) sites located throughout the western half of the United States. Responsibilities included coordinating and directing subcontractors, obtaining building permits, interfacing with design team, client liaison, staffing field inspectors, monitoring progress, review of work, processing invoices and preparing project closeout documentation. Sirius Satellite Radio, United States 2001 -2002 Assistant Project Manager — Responsible for the management of site acquisition, engineering and construction activities for 97 terrestrial broadcast sites. These sites were located across the nation and were mainly located on Black & Veatch 2 9/5/2008 DAVE HALLOWELL - P.E. the tallest structures in dense urban areas. Special management skills were required to coordinate the multitude of personnel and various entities involved in the development of the technologically advanced network. Microcell Management, Greenville, South Carolina 1998 -2000 Program Services Manager — Responsible for the execution of all field services for the development of 64 build -to -suit tower structure facilities. This included site acquisition, zoning, engineering, permitting, procurement, construction, and equipment installation. The average height of the constructed towers exceeded 250'. Various Projects, Telecommunications Department 1999 -2000 Construction Logistics Manager - Responsibilities included construction pricing support, subcontractor prequalification, construction contract negotiations, field staffing support for a number of telecommunications and power delivery projects across the country. Omnipoint Communications, Amarillo Texas and Miami Florida 1997 -1998 Project Field Engineer — Responsible for managing surveying and geotechnical subcontractors, reviewing zoning requirements, attending public hearings and coordinating the engineering effort of over 150 sites in Amarillo and Miami. Sprint PCS, Kansas City, Missouri 1996 -1997 Construction Manager — Managed the construction for 187 Sprint PCS telecommunication sites. His responsibilities included managing construction subcontractors and inspecting construction for compliance to the specifications. City of Colton, Colton, California (Power Delivery) 1995 -1996 Field Engineer — Responsible for on -site inspection 69kV substation and transmission line. Duties also included inspection of 5 miles of 15kV underground distribution line. The substation, transmission line and underground distribution line were all constructed in environmentally sensitive areas which required special consideration. United Illuminating, New Haven, Connecticut (Power Delivery) 1992 -1995 Design Engineer -Field Engineer — Responsible for the civil/structural design of a number of varying substations. Designs included structural design of multilevel control houses and masonry buildings. Also designed specialty transmission line structures and associated foundations. Responsible for on- site inspections to ensure construction was being completed in accordance with the specifications and drawings. Black & Veatch 3 9/5/2008 F-;2 DAVE K. KUHN - P.E. Project Engineer Dave Kuhn has been involved with the design and construction of telecommunications facilities continuously since 1976. He has participated in wireless site design and construction projects since it's inception in 1982. His background includes knowledge of building codes and industry standards as Telecommunication Site applicable to telecommunications facilities. Construction, Civil - Structural Engineering He is assigned as a Senior Wireless Implementation Engineer in the Black & Project Management Veatch Telecommunications Division. He is experienced in the design of communication towers, including knowledge of steel & concrete design, site layout and foundation design. He is also experienced in the design and analysis of structural systems associated with co- locate & raw land sites. Education Bachelor of Science Civil Engineering, University of Representative Project Experience Missouri — Rolla, 1976 Bechtel/Cingular UMTS Project, St. Louis, Missouri Professional Registration July 2005- Present Registered P.E. in 1980 Project Engineer — Responsible for all engineering services for approximately 65 Missouri Kansas sites associated with the expansion of existing wireless communications system Illinois and the integration of AT &T wireless sites into the Cingular wireless system. Indiana Massachusetts Ericsson /RCC Holdings, Western Kansas New Hampshire Pennsylvania June 2005- Present Arizona Project Engineer — Responsible for all engineering services for 8 sites associated Virginia with the expansion of existing wireless communications system. Maryland Utah Kentucky WFI/Cingular UMTS Project, Albany, New York South Dakota June 2005- Present Project Engineer — Responsible for all engineering services for approximately 15 Total Years Experience sites associated with the expansion of existing wireless communications system. 29 Joined B &V Alamosa PCS, Kansas City, Missouri 2003 April 2004 - Present Project Engineer — Responsible for all engineering services for approximately Professional Associations 125 sites associated with the expansion of existing wireless communications MSPE, NSPE, ASCE system. Cingular /Bechtel, St. Louis, Missouri January 2004 - Present Project Engineer — Responsible for all engineering services for approximately 35 sites associated with the expansion of existing Cingular wireless communications system. Sprint PCS Northeast Region, Outsourced Channel Project October 2003 -March 2004 Senior Wireless Implementation Engineer — Responsible for the Project Administration of all engineering design and installation services for approximately 600 sites by the Sprint General Contractor that was awarded the Northeast Region. Included the review and approval of Lease Exhibits, Surveys, Environmental Assessments, DS -1 Orders, and Site Drawings for both Zoning and Construction, BTS orders, E911 Documentation and Tower orders. Black & Veatch 1 3/29/2007 DAVE K. KUHN - P.E. Bechtel Telecommunications & Industrial November 2002- September2003 Lead Market Engineer — Responsible for the coordination of all engineering services for approximately 350 sites for an existing wireless communications system. This work was to upgrade the existing Cingular Network from TDMA technology to GSM using Siemens Equipment, the TDMA network had to remain functional along with adding the capability of GSM technology. Included tower analyses, equipment layouts, existing site configuration drawings, addition of E911 technology to the sites, power upgrades, antenna and coax installations. Cingular Wireless / Southwestern Bell Wireless / Southwestern Bell Mobile Systems February 1995 - October 2002 Nework Construction Manager — Responsible for the construction, design, permitting, zoning, integration, materials (towers, antennas, coax, power plants and radio equipment) and service (surveys, geotechnical reports, site construction and antenna and line installation) procurement, and equipment installation for 200 wireless communications sites. Involved in all aspects of a wireless site construction starting with the initial search area request and ending with site turn on for call processing. Self Employed February 1993 - January 1994 Engineer — Designed and detailed guyed and self - supporting telecommunication towers, analyzed existing telecommunication structures and supplied technical expertise on an as needed basis to Andrew Corporation's Tower Engineering Department. Grasis Corporation /Andrew Corporation June 1976-January 1993 Project Engineering Manager — Coordinated the development of computer design programs that led to reduced engineering turnaround on tower projects. Trained and directed engineers in the design and construction of microwave and cellular communications towers resulting in higher confidence levels of the engineers and their clients in the products designed by them. Responsible for the generation of material prices for tower construction projects and for modification of existing structures to comply with new EIA Standards. Project Engineer- Special Projects — Designed new self - supporting microwave communications tower product line resulting in an improvement in company market share. Responsible for improvements to existing product lines to meet changing needs for the end customers. Project Engineer - Supervised, designed and controlled client's projects, varying in size from one to 20 sites, directing them to a successful on time completion. Involved in the design and construction of communication towers and their foundations resulting in a successful completed installation. Black & Veatch 2 3/29/2007 Brian Keith Grant Construction Keith Grant has been involved with the broadcasting industry for over 30 years, Manager from operations of television facilities to chief engineer overseeing transmission and tower sites. Telecommunication Site Current assignment is on the FLO TV project, performing duties to insure timely, Construction cost effective, and safe delivery of sites as Construction Manager 11. In his Management duties, Keith oversees crews of civil and tower sub - contractors, arranges for delivery of goods, confirms safety protocol is followed, and insures quality. Relative Project Experience WRXY Television 2001-2006 Chief Engineer — Responsible for all engineering and operations on a daily basis for 24 / 7 broadcast facility. WTVK TV 1996-2001 Assistant Chief Engineer — Maintained broadcast television station equipment, oversaw daily operations of network operations center. Designed and implemented new operations center WBBH— Waterman Broadcasting 1990 -1996 Transmitter / Tower supervisor — Responsible for daily operations and maintenance of high power UHF transmitter and 1500 foot broadcast tower. Education NCCER — 2008 Safety course for construction Management Harris TTU -110 Transmitter Class —1994 Advanced course in transmission and upkeep of high powered transmitters with Klystron tubes and VCO exciters Huntsville Technical School —1980 2 year course in electronics pertaining to broadcasting Black & Veatch ,_g- �; .' In FVI -74 030%3 rA 411� `* S t S!� Is It w � 17 9 f* 1 • �s F x _ � 4 a � r WP z¥ 7� \ \�. ^,O y / % 4 |® .. e. ~ � n ^ ° � ^ WA - r ' � ~ ^ ' '-- Global Broadcast Services, LLC 2614 N Tamiami TO #507, Naples, F134103 Office: 239- 963 -5434 Email: d.Elliott@bs- f1.com we: GBS- FL.COM Tower Inspection Report Prepared For: Renda Broadcasting Date: December 18, 09 Location: Naples Florida Contact: Jerry Heckerman, Chief Engineer GBS was contracted to do a Tower Inspection plus plumb and tension on an existing Allied guy tower located in South Naples off of County Barn Road. Listed below are the results of the plumb and tension plus the visual inspection of the structure. Visual Inspection of the structure r a L~ ;' Fail NnteC 1lClll 1. Anchors (6) X 2. Anchor Heads (6) X 3. Turn Buckles (15) X No figure 8s 4. Vera Grips (6) X 5. Tower Sections X Tower Members and legs are in good shape Some light surface rust Needs wire brushing and cold galv (20 %) 6. Tower Bolts X All bolts are in good shape, light surface rust on 30% or more 7. Tower Paint X Tower Paint is flaking And very faded 8. Tower lighting NA Power 9. Antennas and lines X Some of the coax needs to be secured better 10. Tower Grounding X 11, Guy Wire Grounding X Global Broadcast Services, LLC 2614 N Tamiami Trl #507, Naples, F134103 Office: 239 - 963 -5434 Email: d.Elliott@ bs- fl .com we: GBS- rLA-01vi Corrected Plumb Estimated Old Tension Vert Vert New Tension Vert Vert Correct A -B CB A -B C -B Tensions Avg Avg Avg Avg And sizes Le 2" Le 2" Le 2" le 2" 1,S2,150 2 to B 1.5 to C 1,550 ' /x" to B '/x to B 6" 2, 1.5 to C 1 to C 2,100 'A" to B ' /e" to B 6" 3, r4.1/2" 2.75 to C 2 to C 3,500 1/3" to B '4' to B 2, 3.75 to A 3 to C 2,700 ' /a" to B �i3" to B " 4, 3.5 to C 3.25 to C 6. 13/16" 6,830 3,650 4 to C 4.5 to A 6,800 ' /x" to B 7. 13/16" 69830 2,975 3.75 to C 2.75 to A 6,800 'h" to B I ' /z" to A Transits were set up 90% apart and shot of leg A. Transit cross lines were set up on Center of leg to compensate for any leg size variance. C Tnt h ' Trn Notes: 1. Existing guy wire on the first level A anchors had been spliced previously using two preforms that were hand shake tower with no thimble. The tension caused the preforms to fold and break over time. 2. When proper tension was applied to the splice performs broke. GBS repaired the splice using cable clamps. Global Broadcast Services, LLC 2614 N Tamiami Trl #507, Naples, F134103 Office: 239 - 963 -5434 Email: d. Elliott @gbs- fl.com we: GBS- FL.COM This particular ( Al) guy wire should be replaced, the splice repair is only a temp measure and GBS does not guarantee the splice. Tower has light surface rust that needs to be wire brushed and cold galvanizing compound applied to those areas. After the plumb and tension was done to the tower on the Dec 17, 09 the tower now passes inspection. Regards, Darryl Elliott,EE GBS § �\ \ § \ � x: u ; �■ a 2 � ■ \ 3 | t § |`�f|| || ■■ (; \ |§ !r § § ) - |§ry( .� & a / �■ a LD \ } )� ■ qt, ) - |§ry( .� & a LD �§ ■ ) - |§ry( .� & a Structural Components Bringing it Ail Together. November 16, 2009 Jerry Heckerman Renda Broadcasting of SW Florida 10915 K -Nine Drive Bonita Springs, FL 34135 Structural Components, LLC Voice: 866- 386 -7622 1617 Pearl Street, Unit A Fax: 303 - 962 -3577 Boulder, CO 80302 Re: Structural Review — Fall Radius Assessment Structures: (1) 454' ERI Guyed Tower, (1) 454' Allied Guyed Tower Site Address: 5860 Crews Road, Naples, FL 33942 Site Name ( #): Renda Broadcasting (Naples) SC Number: 090339 Dear Mr. Heckerman: I am writing this letter in reference to your request for Structural Components, LLC to provide our opinion of the expected mode of collapse for the (2) guyed lattice steel communications tower located in Naples, Collier County, Florida. The two towers stand approximately 50 ft. apart from one another with a maximum outer guy radii of 210 ft. The towers are designed in strict accordance with the Electronics Industry Association Standard EIA/TIA- 222-F, 1996 Code as well as local codes. Due to the safety factors incorporated into the design standard, we would not expect the tower to fail the moment that the designed wind speed has been exceeded. Although it is extremely rare for a guyed tower to collapse, most failures occur during catastrophic natural disasters such as hurricanes or tornadoes in which total devastation to the surrounding area would also occur. Because of the various levels of guy cables designed to support the towers, and having inner and outer guy anchors at both tower sites, it is virtually impossible for the tower to fall in a straight line like a tree might. The expected mode of collapse would be to fall in upon itself in an accordion -type fashion with the debris contained within the anchor radius of the guy cables. Since there are many factors that will affect the failure of a communication tower, we would like to point out that the mode of tower failure mentioned above is just an estimate. We trust that this information confirms to you that towers are designed to survive rather than collapse. Please feel free to contact us if you should have any questions or require further information. Best Regards, Structural Components LLC Brad Cook, P.Eng. XMic�h�aelT. DeBoer, PE VP Engineering Florida License # 49140 Expiration 03/28/2011 i o Mgsqurto Confrol District Notch Road, Naples, Ft 341043464 a tai *4 1000/(239) 4361005 (fax) Hangar, 09) 4 0081 t�49)'436.1007 (fax) www.Coll %r- MOSauito. nrq November 13, 2009 Dear Mr.. Heckerman, The Collier Mosquito Control District endorses your request that an exemption to the local code requirements be granted with respect to the property at 5860 Crews F.o fees, FLT re t tt t 1056659. 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page I of 1 communication towers. Except to the extent that amateur radio towers and ground ...... mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF -1 through RSF -6, RMF -6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified essential service listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. http : / /Iibrary.municode.com/HTML/ 13992/leve12 /CHAP 5_5.05.00.htm1 1/5/2010 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 1 of 1 3. Essential services— Specified coriditonaluses Except in the RSF -1 through R9F -6, and RMF -6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand -alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. http : / /Iibrary.municode.com/HTML/ 13992 /level2 /CHAP5_5.05.00.htm1 1/5/2010 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 1 of 1 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one -half (2.5) times the height of the tower from all RSF -1 through RSF -6, and RMF -6 zoning districts, including PUDs where the adjacent use(s) is /are, or comparable to, the RSF -1 through RSF -6 and RMF -6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. http://Iibrary.municode.com/HTML/I 3992/1eve12/CHAP5_5.05.00.htmI 1/5/2010 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 1 of 1 Placement of more than one (ij tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County -owned land available for towers and ancillary facilities at reasonable rents. http : // library .municode.com /HTML / 13992 /1eve12 /CHAP5_5.05.00.htm1 1/5/2010 5.05.00 - SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 1 of 1 13. Tower Iightrng.mTowers and antennas with -a height greater than 150 feet shall be require o have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ( "FAA ") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety -nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and /or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe -type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. http: // library. municode. com /HTML/ 13992 /level2 /CHAP5_5.05.00.html 1/5/2010 AGENDA ITEM 10 -C yW({'S YOU RECEIVEDJA&MATERIAL FOR THIS PETITION, PUDZ- 2006 -AR -1031 S. MAGNOLIA POND PUD, IN YOUR PACKET FOR THE DECEMBER 17." MEETING. I� z w o D c� z z w uj DC Q D � m a w z ::D LL ° r) z w o � z D O z � w � w z w =o a � a o � 0 � < 0 < � o J u' 0 1-- z ry o (D i oil gig "a"I Sid V- -1 3;X4 41% OP pot I. ki 0 • II OZ ) --ga imxe too ipzsm m ono DA MIN "a"I Sid V- -1 3;X4 41% OP pot I. ki 0 • ion �F N 1 a a � a -4 *\rl; =§§ ® �§ � ■� §( § § §| � § � § §|(§ || � § , ■ § � { ®�| ■| e2l2 |�• � |�,� ; |! � | § |■ |� i� § § || « & | E2§ 0 f ■! 0| ■® ■ §$ Zz| R` JU z -! | §|Ak >§$§ & §i0 Wzj 0 � § | |. ■ )le a �§| �! z 0 ©B | § © © § § © § § s ■� ;§!!!§!| k �| §� q | m§ | ■� ■q■� / { ®�| ■| e2l2 |�• � |�,� ; |! � | § |■ |� i� § § || « & | E2§ 0 f ■! 0| ■® ■ §$ Zz| R` JU z -! | §|Ak >§$§ & §i0 Wzj 0 � § | |. ■ )le a �§| �! z 0 Q EXHIBIT A The Magnolia Pond PUD is ± 47.05 acres in size has a maximum number of 231 dwelling units permitted with a density of 4.9 units per acre. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Single - family dwellings (includes zero -lot line)., limited to 125 units. 2. Two - family dwellings and duplexes. 3. Multi - family dwellings (includes buildings containing more than 2 units that are physically connected). 4. Assisted living facilities at a F.A.R. of .60 (for each 4 ALF units developed, exclusive of preserve areas, lakes, easements and buffers, 8.27 units one residential dwelling unit shall be subtracted from the maximum of 231 permitted dwelling units). 5___ Any other permitted use deemed compatible by the Board of Zonin Appeals. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units. 10C Deleted: MAGNOLIA POND¶ All PLANNED UNIT DEVELOPMENT¶ PREPARED FOR:¶ I MAGNOLIA POND HOLDINGS, LLC AND LAND TRUST 1B¶ 5147 SEAHORSE AVE ¶ NAPLES, FL 3410311 PREPARED BY:¶ Davidson Engineering, Inc.¶ Timothy Hancock, AIC" 3530 Kraft Road, Suite 301¶ Naples, FL 341051 1 Porter Wright Morris & Arthur¶ Patrick White¶ 5801 Pelican Bay Blvd., Suite 3001 Naples, FL 3410K DATE REVISED Jana 22.2009¶ November 23.2009¶ LIST OF EXHIBITS¶ Exhibit.... Title . ..... Pagel 4 A .... PERMITTED USES..... .............................3¶ B .... DEVELOPMENT STANDARDS ..................4% C .... MASTER PLAN.......... .............................6¶ D ---- LEGAL DESCRIPTION . .............................7¶ 9 E. REQUESTED DEVIATIONS FROM LDC ...... III F . _ .. DEVELOPMENT COMMITMENTS .............121 Deleted: net acre of ion 4. Gatehouse. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the j3oard of Zoning {Deleted: County Manager or designee Appeals• EXHIBIT B TABLE RESIDENTIAL DEVELOPMENT STANDARDS l0(0- 20 feet Deleted: ¶ 20 feet Deleted: I 20 feet vA vA VA NA ------- Page Break - - - - -- ,I ASSISTED LIVING STANDARDS SINGLE - FAMILY TWO - FAMILY MULTI- FAMILY FACILITY Minimum Lot Area (per unit/use) 7,500 Square Feet 5,000 Square Feet 4,000 Square Feet 10,000 Square Feet Minimum Lot Width 50 Feet Interior 90 Feet Interior Lots Lots (1) (1) (45 Feet)(2) NA 60 Feet Corner Lots 110 Feet Corner Lots NA 75 Feet (55 Feet)(2) Front Yard Setback 15 Feet (5) 15 Feet (5) 25 Feet 25 Feet Side Yard Setback 0 Feet & 10 Feet or 0 Feet & 10 Feet or 15 Feet 15 Feet both 5 Feet both 5 Feet Rear Yard Setback: 20 Feet 20 Feet 20 Feet 20 Feet Principal Structure Accessory Structure 10 Feet 10 Feet 10 Feet 10 Feet MPUD Boundary Set- back: { Deleted: Deleted: ` Principal Structure Accessory fructure 0 feet 3 0 feet 0 feet 3 -- 0 feet 20 Feet (3) - 10 Feet 20 Feet (3) Deleted: 10 Feet ,.: _ Deleted: Deleted: Lake Setba Garage Setback (4) 23 feet 23 feet 23 feet 23 feet Deleted: 20 f feet Deleted• 20 feet Deleted: ¶ 20 feet Deleted: I 20 feet vA vA VA NA ------- Page Break - - - - -- ,I STANDARDS Natural Habitat Pre- serve Area Setback Distance Between Principal Structures Distance Between Accessory Structure Maximum Zoned Height: Principal Building Accessory Building Maximum Actual Height: Principal Building Accessory Building Minimum Floor Area Minimum carport or garage per unit (1) May be reduced on cul -de -sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) Three -story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right -of -way and one hundred feet from Interstate 75 right -of -way. (4) A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage. (5) 15 foot setback shall apply to side -entry garages. Front entry garages must maintain a minimum of 23 feet. (6) _ _ ax' _ um floor area for ALF shall be calculated per the permitted F.A.R. of .60. (7) Not applicable for assisted living facility buildings. Independent living units shall mirror the multi- fa+lyparking requirements 1 __ I A, :_ ,:A+1, ,..; *l, 4 A� f in 1()(0000 Deleted: Minimum ASSISTED LIVING SINGLE - FAMILY TWO - FAMILY MULTI- FAMILY FACILITY 25 feet Principal 25 feet Principal 25 feet Principal 25 feet Principal 10 feet Accessory 10 feet Accessory 10 feet Accessory 10 feet Accessory NA NA One -half the sum of One -half the sum of the building the building heights. hei ts. 10 feet 10 feet 10 feet 10 feet 35 feet and 2 stories 35 feet and 2 stories 38 feet and 3 stories 38 feet and 3 stories 20 feet/Clubhouse 20 feet/Clubhouse 35 20 feet/Clubhouse 20 feet/Clubhouse 35 feet feet 35 feet 35 feet 42 feet and 2 stories 42 feet and 2 stories 45 feet and 3 stories 45 feet and 3 stories 27 feet/Clubhouse 27 feet/Clubhouse 27 feet/Clubhouse 27 feet/Clubhouse 42 feet 42 feet 42 feet 42 feet 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 650 Sq.Ft. /2 Bedroom = 900 Sq.Ft. /3 Bed- room = 1050 Sq. Ft. (6) 2 car garage 1 car garage 1 carport space or 1 (7) car garage (1) May be reduced on cul -de -sac lots. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2- family structure is on an individually platted lot. (3) Three -story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right -of -way and one hundred feet from Interstate 75 right -of -way. (4) A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage. (5) 15 foot setback shall apply to side -entry garages. Front entry garages must maintain a minimum of 23 feet. (6) _ _ ax' _ um floor area for ALF shall be calculated per the permitted F.A.R. of .60. (7) Not applicable for assisted living facility buildings. Independent living units shall mirror the multi- fa+lyparking requirements 1 __ I A, :_ ,:A+1, ,..; *l, 4 A� f in 1()(0000 Deleted: Minimum EXIMIT C MPUD MASTER PLAN n n w w us g § o ® .long •E LL� Mz o� 0 a 0 U 0 TI. F 0 I -3N v •! Zs �e WN Za z5o� WE p 0 77QQSS Z L � C q t O �Jpg S `n �3 O S g ■ lw EXHIBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3749, PAGES 0161 -0165 A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00296760002 AND PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00297240000 AND PARCEL 21: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25 %. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE, SOUTH 00 °20'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING: THENCE NORTH 74 °09'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT: THENCE, NORTH 73 °00'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 00 °19'13" EAST, A DISTANCE OF 355.71 FEET TO A POINT OF A CURVE CONCAVE SOUTHWESTERLY; THENCE, FROM A TANGENT BEARING OF SOUTH 76 °01'14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03 °00'41" AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH 73 000'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00 020'07" WEST ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34, A DISTANCE OF 346.19 FEET TO THE POINT OF BEGINNING. CONTAINING 5.231 ACRES, MORE OR LESS. t lb c000r SUBJECT TO: A 50 FOOT MUTUAL RIGHT -OF -WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT -CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00297280002 AND PARCELS 33 & 38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR, AMOUNTING TO NOT LESS THAN 25 %. SUBJECT TO: A 50 FOOT MUTUAL RIGHT -OF -WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297720009 AND PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NOT LESS THAN 25 %, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O.R. BOOK 994, PAGES 1760 -1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT -OF -WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY I.D. #00297880004 AND PARCEL 41: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1048, PAGES 521 -523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00298000003 AND 10c, PARCEL 114: THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16 °59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73 °00'33" W A DISTANCE OF 893.75 FEET; THENCE N 16 °59'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73 037'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET THROUGH AN ANGLE OF 01 °13'41 ", AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE; THENCE N 88 °28'35" E A DISTANCE OF 336.37 FEET; THENCE S 00 °19'13" E A DISTANCE OF 109.09 FEET; THENCE N 73 000'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND IN USE, IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (I -75); ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE AT THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16 °59'37" E A DISTANCE OF 162.00 FEET; THENCE N 73 000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16 159'27" E A DISTANCE OF 152.00 FEET; THENCE S 73 °00'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73 000'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73 °37'19" W; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE OF 01 °13'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY I.D. #00297280002 AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 10(mmoo* THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396.00 SQ. FEET, OR 47.05± ACRES OF LAND, MORE OR LESS. 10(moo EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REQUIREMENTS: A. Deviation #1 seeks relief from LDC Section 4.06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi - family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type `B' buffer. B. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right -of -Way Widths, which requires a minimum of a 60 foot width, to permit within the proposed MPUD internal roadway right -of -ways of 50 feet in width. 10 I OCOOOP EXHIBIT F LIST OF DEVELOPER COMAUTMENTS GENERAL The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. ENGINEERING A. Prior to SDP approval a FDOT "Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. B. The project shall utilize internal loop roads whenever feasible and shall eliminate dead -end roads where practical. 3. WATER MANAGEMENT A. A copy of the South Florida Water Management District ( SFWMD) Environmental Resource Permit Application shall be sent to Collier County Development Services with the SDP submittal. A copy of the approval of this SFWMD Environmental Resource Permit shall be submitted prior to Final Site Development Plan Approval. B. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into the Golden Gate Canal shall be submitted prior to Final SDP approval. 10 (000P C. A 30' wide drainage maintenance and access easement will be gonveyed ne�ed to Collier County at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applicant receives an approved SDP or within 120 days of receiving a written request for the drainage easement from Collier County. D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty - five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. South Florida Water Management District permit modifications shall be obtained prior to the next Development Order. 11 4. TRAFFIC A. This project may not receive Development Order approval until fair share contribution towards planned intersection improvements at the Magnolia Pond and CR -951 intersection as identified by County project SAP #60092 extending from Davis Blvd. northward to the Golden Gate canal have been approved and accepted by Collier County. B. A minimum throat length of 100 feet shall be maintained at any gated entrance." C. The maximum number of trips generated by any proposed development shall be based on the 125 single- family units (LUC 210) defined in the TIS that generate 131 pm peak hour trips. Any mixed residential development proposed shall not exceed those 131 pm peak hour trips. D. At the time of SDP or plat approval, the property owner will be responsible for a fair share contribution to the improvements relating to the increased capacity created in the MGG -15 drainage swale. Upon conveyance of the easement to Collier County, the developer, his or her assigns and or subsequent homeowners associations, shall be responsible for the Magnolia Pond MPUD's fair share portion of the one -time maintenance /clean out costs of the MGG -15 drainage swale within the 30' wide drainage easement. E. _ The property owner shall within 30 days of the adoption of this PUD,- rormatteds Bullets and Numbering convey at no cost to the County a 20' easement alone the southern side of the Golden Gate Canal for use as a pedestrian and bicycle access easement The easement will not be used by vehicles beyond those necessary to maintain the easement. 5. ENVIRONMENTAL: A. The minimum native preservation requirement shall be 10.28 acres (41.10 acres existing indigenous vegetation x 25% = 10.28 acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): (i) Passive recreational areas including recreational shelters. (ii) Biking, hiking, and nature and horse trails, and boardwalks. (iii) Native preserves and wildlife sanctuaries. (iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. 12 C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: • the number of burrows excavated, • the number of tortoises relocated, and • the final relocation site. 6. ARCHITECTURAL A All buildings lighting signage and landscaping shall be architecturally and* aesthetically unified. Said unified architectural theme shall include. a similar architectural design and use of similar materials and colors throughout all of the buildings signs, and fences /walls to be erected on all of the subject parcels Landscaping and streetscape materials shall also be similar in design throughout the subject site All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. Within any multi- family project all roofs except for carports shall be peaked and finished in tile or metal Within any single-family or two - family project all roofs, except for camorts shall be peaked and finished in the metal or architecturally - designed shingles (such as Timberline). 7. OPERATIONAL CHARACTERISTICS FOR ALF UNITS A Care units may be composed of one or more types or care/housing, facilities These care/housing _jWes include but are not limited to independent living assisted living and nursing homes, each of which can have varying operational characteristics The following characteristics of care units distinguish them from residential land uses and all of the characteristics must be provided for and maintained to be considered a care unit: There shall be on -site dining facilities for the residents with food service being on -site or catered: (ii) Group transportation services shall be provided for the residents for the purposes of rg ocery and other types of shopping Individual transportation services _ shall be coordinated for the residents needs including but not limited to medical office visits; 13 I b CM00 Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" [Formatted: Indent: Left: 0" F Numbered + Level: 1 + ring Style: A, B, C, ... + Start Alignment: Left + Aligned at: Tab after. 1" + Indent at: 1" Formatted: Indent: Left: 0" Formatted: Numbered + Level: 3 + Numbering Style: i, ii, iii, ... +Start at: i + Alignment: Left + Aligned at: 1.63 + Tab after: 2.13" + Indent at: 2.13 14 to 0 iii _There shall be on onsite manager /activities coordinator assist residents and shall be responsible for planning and coordinating stimulating activities for the residents; iv)-- A wellness facility shall be provided onsite to provide for exercise and general fitness opportunities for the residents• (v_) Each unit shall be equipped with devices to notify emergency service providers in the event of a medical or other emergency; vi For independent living units each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add Uab bars. 14 C NOTICE -_ PUBLIC NOTICE NOTICE OF nb PUBLIC HEARING Notice is hereby given that a public hearing will be held by'the'Collier County Planning Commission (CCPC) at 6 :30 A.M.. Thursday, January 7, 2010, in the Board of County Commissioners Meeting Roam, 3rd Floor, Ad- ministration Building, Collier Government Center, 3301 East Tamiami Trail, Naples Florida, to consider. Petition: CU- PL2009 -405, Collier County Alternative Transportation Modes Department represented by Abra Horne, AICP, of Wilbur Smith Associates is re- questing a Conditional Use in the Gallman Olds PUD zoning District to add a Government Facility, limited to a Bus Transfer Station pursuant. to LDC Section 2.01.03.G.1.e, Essential Services. The subject 10.04± acre property is located on the south side of Radio Road extending to Davis Boulevard, approximately 1,000 feet from the Radio Road and Davis Boule- vard intersection in Section 3, Township 50 South, Range 26 East, Collier County, Florida. All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 min- utes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been authorized to represent a group or organization should limit their presentation to ten minutes. 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. Writ- ten comments must be filed with the Department of Zoning and Land Development Review prior to Janu- ary 7, 2010, in order to be considered at the public hearing. All materials used in presentation before the CCPC will become a permanent part of the record and will be available for presentation to the Board of Coun- ty Commissioners, if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertain- ing thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which includes all testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Collier County, Florida Mark P. Strain, Chairman AGENDA ITEM 10 -D Coder County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING: JANUARY 7, 2010 SUBJECT: CU- PL2009 -405; CAT TRANSFER FACILITY PROPERTY OWNER/AGENT: Owner: Collier County Board of County Commissioners Collier County Alternative Transportation Modes Department Michelle Edwards - Arnold, Director 3301 East Tamiami Trail, Bldg H Naples, FL 34112 Agents: Abra Horne, AICP Wilbur Smith Associates 3191 Maguire Boulevard Orlando, FL 32803 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Conditional Use (CU) in the Gallman Olds PUD zoning district as provided in Land Development Code (LDC) Section 2.01.03.G.1.e -- Essential Services, to add Government Facility as a use, but limit the use to a Bus Transfer Station. This 10.04± -acre project is known as the (Collier Area Transit) CAT Transfer Facility. GEOGRAPHIC LOCATION: The subject 10.04± acre property is located on the south side of Radio Road extending to Davis Boulevard, approximately 1,000 feet from the Radio Road and Davis Boulevard intersection in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (See location map on the following page) CU- PL2009 -405 Page 1 of 11 Revised 12/22/09 �MMN .7 �T o_ o r' a Doi 8 b o QYOI.TnW V311CO G P 0 �H 40 O ; 3 = W pp �9k taw xm F wow i A 19 s ° U � r e N it $V � U U �g d _ Maw LEy g O <w � >�e yS 6 gg • n Yi ern nes e rat xrli _F � � � r — uaown3vra m €WV mr.,.�n w.bne ----- p H H� 1s•e1z� -�wa �nz� -�wa � n n n e �m.a:lw �6f km g _ C ~�' P�EDNDNT S. 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QQ gggggd 6• sg�p � g_ Yn4$A � �iiee 1 1111111111111 59�ge @f bQ u $¢g"FsBBid 6gl��w.a kk@@ gi i Ali _B. di e � pp It 'MI 'J iF I HE - � g ms a` e w iN a� �i w — wU' oa N� K FW �� a }fpp o Q •F5 y A g € @ 7 $ap zV 4 � 4 Y If I 33� 4.1 pp It 'MI 'J iF I HE - � g ms a` e w iN a� �i w — wU' oa N� K FW �� a }fpp o Q •F5 y A g € @ 7 $ap zV 4 p3 yY $ 5 y o � 5 tl k °P g Maig a ymg itl� j 9 3 [3a �dk � 4 Y :tld 3- 33� ?gRYej�Ax aA i di f fd fi p3 yY $ 5 y o � 5 tl k °P g Maig a ymg itl� j 9 3 [3a �dk .. . : . .. : { \ � ■ ��, � � \ � :f . .. > / ° HIM : = \ al gs i 5k 3 i i � COD& County Trwzit Op� jof,,B CenLor \ri \ \ SP-P PLANTING FLAK . | I fig fit E\ 2`� \�� §�� %#t �,! � \� \ $/, ��J� \ \�� \� Jill � \ / %� \$$ � \� gs i 5k 3 i i � COD& County Trwzit Op� jof,,B CenLor \ri \ \ SP-P PLANTING FLAK . | PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks an Essential Service Conditional Use for a bus transfer station. The conceptual site plan (see attached) depicts the existing ingress /egress from Radio Road, with potential access from Davis Boulevard as well, buffering, water management and native vegetation preserves. The site is currently used by CAT for their administration and operations office; vehicle storage, parking, repairs, maintenance and fueling; vehicle washing and cleaning. The facility is also used for warehousing of the County's surplus property; bi- monthly public store hours for direct sales; and annual public auction of surplus items). These aforementioned uses were deemed compatible with the list of PUD permitted uses, pursuant to Section 4.3.3 of the existing Gallman Olds Dealership PUD that allows any other use which is comparable in nature with the listed permitted uses and which the Zoning Director determines to be compatible. This determination was made as part of the Zoning Verification review process as noted in Zoning Verification Letter requests ZLTR -06 -AR -10777 and ZLTR -07 -AR -12404 (Copies of the letters are included in the application material). This site was operated most recently as the Morande Automobile Sales dealership until 2005/2006, operating under the auspices of the Gallman Olds Dealership PUD (Ordinance No. 86 -6). The site was vacant for a time, with the county purchasing the property in December 2006 for a future CAT facility. Primary vehicular access currently is only from Radio Road; however, the site plan indicates that an access to Davis Boulevard may be established in the future. It was determined however, that using the site as a transfer station would require conditional use approval pursuant to Land Development Code (LDC) Section 2.01.03.G.I.e, regarding Essential Service uses. Thus this petition has been submitted by the Collier County Alternative Transportation Modes Department. According to the applicant's narrative statement, the site will not be the first bus transfer facility in the County system. The main transfer station is located adjacent to the Collier County Museum on the Collier County Government Center property. The applicant has indicated that that main facility "is approaching its design capacity and another transfer facility is needed to improve system -wide efficiency." The petitioner goes on to state, "The proposed Radio Road passenger transfer station would create a safe and convenient location for CAT passengers to make transfers in the eastern portion of the service area where CAT Routes 3, 5, and 6 converge (i.e. the purple, yellow, and blue routes)." The Traffic Impact Statement indicates that the busses will operate 7 days per week. No specific hours of operation have been included in the application; staff assumes, therefore that the transfer station will operate to accommodate Routes 3, 5 and 6 and they currently function or as those routes are revised in the future. SURROUNDING LAND USE & ZONING: North: Radio Road, then multi- family residential uses within, with a zoning designation of PUD (the Sherwood Park PUD Ordinance No. 80 -38), with an approved density of 4.2 units per acre; and two undeveloped tracts totaling 7.16± acres (two different owners), with a zoning designation of Commercial Convenience (C -2) CU- Pt2009 -405 Page 2 of 11 Revised 12/22/09 East: An undeveloped 7.7± acre tract with a zoning designation of Commercial Intermediate (C -3), then Radio Road as it extends to intersect with Davis Boulevard; then an undeveloped 3.51± acre tract also with a zoning designation of C -3 South: Davis Boulevard, then the preserve area of Cedar Hammock golf community with a zoning designation of PUD (Cedar Hammock Golf and Country Club PUD, Ordinance No. 98 -115) approved at a density of 1.09 units per acre West: The Ibis Club at Naples, a multi - family residential project with a zoning designation of RMF -12, with a density limitation of 8.9 units per acre GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• Future Land Use Element (FLUE): The subject property is located within the Urban designated area (Urban — Urban Mixed Use District, Urban Residential Subdistrict) as identified on the countywide Future Land Use Map of the Growth Management Plan (GMP). This designation is intended to accommodate a variety of non - residential uses, including essential services as defined in the LDC. The subject PUD is identified on the Consistent by Policy Maps, part of the Future Land Use Map series, as "improved property ". As such, via FLUE Policy 5.9, it is allowed to develop or redevelop in accordance with the existing PUD zoning. Government Facilities are identified in the LDC as "conditional essential services" in every zoning district excluding the RFMU district sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. Furthermore, the proposed use is consistent with the FLUE via Policy 5.5, which CU- PL2009 -405 Page 3 of 11 Revised 12/22/09 encourages the planning for expansion of County owned and operated public facilities and services to existing lands that are designated for urban intensity uses. Based upon the above analysis, staff concludes the proposed Conditional Use may be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan. Transportation Element (TE): Transportation Planning staff has reviewed the petition and has determined that the proposed Conditional Use petition and the petitioner's Traffic Impact Statement (TIS) and has determined that addition of the proposed Transfer Station conditional use can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Radio Road Impacts: The first concurrency link that is impacted by this project is link 71, Radio Road from Santa Barbara Boulevard to Davis Boulevard. The project would generate 10* net new PM peak hour, peak direction trips, which represents a 0.48 percent impact on Radio Road. This segment of US 41 Radio Road currently has a remaining capacity of 1,315 trips, and is currently at Level of Service (LOS) "B" as reflected by the adopted 2009 AUIR. No subsequent links beyond this segment of Radio Road are significantly impacted, thus no further analysis was required for PM Peak Hour impacts. *- The trips shown are calculated as such: 4 [actual] buses enter, 4 [actual] buses exit. This is 4 net new, pm peak hour, peak direction trips. These have been factored by 2, to obtain passenger car equivalency (i.e. slower - moving trucks occupy the same capacity as approximately 2 standard automobiles). Then, for the 2014 calculation, the bus trips were grown proportionately with background traffic. This resulted in 10 total, net new, pm peak hour, peak direction trips (10 in, 10 out) in the year 2014. Davis Boulevard Impacts: No analysis of Davis Boulevard is required to comply with the requirements of policy 5.1 of the Transportation Element of the Growth Management Plan, because no direct access to Davis is proposed by the use being sought in this application. Additional Information: The net new trips associated with the proposed Conditional Use will not be subject to concurrency review at the time of SDP, in accordance with the reference to Florida Statutes, Chapter 163.3180, as follows. F.S. Ch. 163.3180 Concurrency.—(4)(b) The concurrency requirement as implemented in local comprehensive plans does not apply to public transit facilities. For the purposes of this paragraph, public transit facilities include transit stations and terminals; transit station parking; park -and -ride lots; intermodal public transit connection or transfer facilities; fixed bus, guideway, and rail stations; and airport passenger terminals and concourses, air cargo facilities, and hangars for the maintenance or storage of aircraft. As used in this paragraph, the terms "terminals" and "transit facilities" do not include seaports or commercial or residential development constructed in conjunction with a public transit facility. Based upon the above analysis, staff concludes the petition may be deemed consistent with the overall GMP. CU- PL2009 -405 Page 4 of 11 Revised 12/22/09 ANALYSIS: Before any conditional use can be recommended to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make a finding that: 1) granting approval of the conditional use will not adversely affect the public interest; 2) all specific requirements for the individual conditional use are met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: I. Section 2.01.03.G.1.e of the LDC permits conditional uses in the PUD zoning district. The requested use for an Essential Service, Government Facility, limited to a bus transfer station is permitted as a Conditional Use in every zoning districted except the RFMU district sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs Conditional uses subject to the standards and procedures established in section 10.08, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code and the Growth Management Plan. As noted above, this proposal is consistent with the applicable provisions of the FLUE and the Transportation Element; therefore, the petition is consistent with the overall GMP and with FLUE Policy 5.5 which states: Encourage the use of land presently designated for urban intensity uses before designating other areas for urban intensity uses. This shall occur by planning for the expansion of County owned and operated public facilities and services to existing lands designated for urban intensity uses... . The subject site is already zoned for commercial uses, and is consistent with the applicable provision of the LDC. Furthermore, the site currently houses several Collier County facilities, most importantly for the purpose of this petition, the CAT operations headquarters. A transfer station at this site seems to be a logical extension of the mass transit services for Collier County residents and visitors. With the conditions of approval included by staff, the proposal may also be found consistent with all of the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Transportation Planning staff indicates that they have reviewed this petition and determined that there are no outstanding issues concerning vehicular access and traffic control. As shown on the Conceptual Site Plan, vehicular access to the site could be accommodated via either Radio Road or Davis Boulevard because access points already exist on both roadways. However, the applicant indicated in the TIS that Davis Boulevard access will not be utilized for the conditional use. The trips exiting Radio Road turning to the right will ultimately end up on Davis Boulevard regardless, due to the Radio Road/Davis Boulevard intersection's proximity. CU- PL2009 -405 Page 5 of 11 Revised 12122/09 The transfer station may also be used by passengers arriving by vehicles other than CAT vehicles. Private passenger cars or taxis may pick up or drop off passengers at this site. This practice could be viewed negatively by the residential neighborhood; however the concept is beneficial to the public -at -large and the overall County. Bus passengers may be picked up from, or dropped off at, the CAT facility from other areas of the county where bus service is not conveniently available. This lessens the number of vehicles on the roadways. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As noted previously this site is currently being used as the CAT operating facility, with busses entering and exiting the site along with the employee's vehicles that go to and from the site. Staff does not anticipate the addition of a transfer station will dramatically change the effect this total operation will have on the neighborhood. There should not be a significant increase in noise, glare or odor from the transfer operation. The overall economic effect of the transfer station at this location is difficult to determine in actual dollars. However, providing a transfer facility in proximity to the nearby higher density residentially developed properties could be viewed as an advantage for those people who may wish to relocate to one of those properties if those persons do not or cannot drive a personal vehicle. The transfer facility will be established near the center of the project's Radio Road frontage. The transfer facility is not proposed to be located nearer the existing residential use than the existing maintenance facility, which could have more impacts as far as noise and dust than the transfer station. Staff is of the opinion the project will not generate additional glare, noise or odors or otherwise create any adverse economic impacts on the neighborhood if staff's recommended conditions are adopted with any approval. 5. Compatibility with adjacent properties and other property in the district. The only boundary for this project that is shared with a residential use is the western boundary where Ibis Cove Condominiums are located. The subject site development plans call for a 6 -foot high masonry wall within a Type B buffer that consists of one tree per 25 linear feet and a single 5 -foot high hedge (this buffer is in place now). No new structures are proposed with this Conditional Use application that would be located near the western property boundary. Other than the western boundary this site is bordered by either major roadways —Davis Boulevard and Radio Road to the north and south, or an undeveloped commercial tract of land to the east. Staff has included a condition to limit the proposed transfer station to a non - primary site. That is, the site cannot become the "main" transfer station for the county. The narrative statement indicates that the main transfer station is at the Collier County Government Complex, and furthermore, informed the attendees at the Neighborhood Information meeting that this site would not become the main transfer station for the county. As of now, the site would serve Routes 3, 5, and 6 (i.e. the purple, yellow, and blue routes) with the potential to add more routes. Staff has included a condition that limits this transfer station to use by only four CAT Routes in compliance with the NIM discussion and the application material that CU- PL2009 -405 Page 6 of 11 Revised 12/22/09 were submitted. Another condition is recommended by staff to limit the bus trips to no more than ten bus trips per hour to Radio Road. That is based upon the petitioner's TIS. This site was developed and utilized for vehicle related uses such as maintenance and sales since the original PUD zoning was approved. A copy of a 1995 Property Appraiser's office aerial photo shows the extent of development in the area in 1995. i Clearly, this site was developed with commercial uses (Automotive Dealership) prior to the area being developed for residential uses. Based upon the findings above, staff is of the opinion that the project can be deemed compatible with the neighborhood subject to staff's conditions of approval. Additionally the petitioner will need to comply with all Federal, State and other local regulations governing the uses. ENVIRONMENTAL ADVISORY COUNCIL (EACI RECOMMENDATION• Pursuant to LDC Section 8.06.03 0.1 Powers and Duties, the EAC did not review this petition because the site is already developed therefore no EIS was required. NEIGHBORHOOD INFORMATION MEETING (NIMI• The meeting was duly noticed by the applicant and held on December 3, 2009 at 5:30 p.m. at the Comfort Inn at Tollgate Plaza. Approximately 60 people attended, including the applicant's team and county staff. CU- PL2009 -405 Page 7 of 11 Revised 12/22109 Ms. Horne presented an overview of the proposed Conditional Use (CU) application for the CAT Transfer Station. The main or primary transfer center is located at the County Government Center and will remain as such. The Radio Road site will help alleviate some of the overflow conditions occurring at the Government Center location, provide mobility options, provide an eastern site location and will allow routes 3, 5, and 6 to operate more efficiently. It allows for two points of access and is close to the I -75 /Collier Boulevard interchange. This is a two phase project and is scheduled to go before the BCC on 1/7/10 and 3/23/10. If approved by the BCC then it will be submitted to the Federal Transit Administration (FTA) for final approval. Once FTA approves the plan, construction on the project is anticipated to take approximately 12 months. The property owners in attendance voiced their concerns and objection to the location of the CAT Operations facility as follows: Bill Kearney, Sapphire Lakes, representing ENACTS (East Naples Against County Transfer Site), stated that the bus transfer facility is needed; however, nearby residents are opposed to this location. Mr. Kearney wants the County to look at alternative sites such as the Wal -Mart area where there are numerous empty buildings. Additional concerns include traffic and congestion, parking, noise, impacts on residents in the area, and safety for the pedestrians and children waiting for school buses. Mr. Kearney stated that he has petitions with over 1,000 signatures opposing the CAT Transfer Station at this location. Carol Molyn, Sapphire Lakes, ENACTS Petition Director, stressed the importance of petitions and made it clear that with the petitions in hand opposing the CAT Transfer facility, that she is representing more than just the people in attendance. She believes there is a better place for a bus transfer station than in a residential area. Victoria Nader, representing the visually impaired/Blind Citizens, voiced the support of the CAT Transfer Station. Kim Bowers, CAT customer, stated there are already bus stops in proximity to this site, one on Davis Boulevard, the other one near Circle K. She voiced her concerns about this new transfer facility becoming the main facility and had concerns about the cost involved. In response to Ms. Bower's question about what the future goals are with the transfer site, Michelle Arnold, Director of Alternative Transportation Modes, stated that the CAT operations is not being moved to the Radio Road location. Ms. Arnold further stated that the intent is to have the current route center moving around that area and to transfer folks at the CAT ops rather than having them walk from one bus to the other bus. Bill Jones, resident, states he was not against the CAT Transfer Station, he stated he is against a transfer site at the proposed location. Rudy Pettorelli, resident, voiced his opposition to the location of the CAT Transfer Station and voiced concern about the number of buses that would be driving through the residential area. CU- PL2009 -405 Page 8 of 11 Revised 12/22/09 Cathy Gorman, Palm Springs resident, was concerned about lighting and suggested Wal -Mart would be a better site and has better lighting. Ms. Arnold stated that adequate lighting will be provided. Ken Ormson, resident, also voiced his opposition to the location of the transfer facility and wants a more appropriate place to be selected. Ms. Horne provided clarification on the following items: • There are four transfer locations, with the Government Center being the primary location • While the Government Center may be the primary location, multiple locations are needed • Radio Road site will enhance "on- time" performance • The petition will investigate the 10 -year Transit Development Plan to see what other transfer sites are identified Ms. Arnold stated the site is intended to use grant funds from the FTA that have already been awarded to the County to fund the improvements on the property. Mane Chiaro, resident, wanted to know if Davis Boulevard could be used instead of Radio Road. Ms. Arnold stated that Davis Boulevard is an option for access. The intent is that busses that operate along David Boulevard would turn onto Radio Road and at the light at Radio and Davis. This would allow buses to circulate into the facility without running the full length of Radio Road. Richard Lilien, resident of Sherwood, wanted to know if an alternative site was being considered. Ms. Arnold stated that there are no alternative sites being considered at this time. Ms. Gorman, asked where the four transfer stops are located. Ms. Horne responded that they are located at Coastland Mall, Creekside ( Immokalee Road), Wal Mart, Collier County Government Center, and City of Immokalee (Health Dept). COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- PL2009 -405 revised on December 18, 2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2009 -405 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: The CAT Transfer Station shall be limited to that which is depicted on the conceptual site plan set, identified as the "CAT Transfer Station Conditional Use" dated August 2009, prepared by Wilbur Smith Associates. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and CU- PL2009 -405 Page 9 of 11 Revised 12122/09 2. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use, so long as these minor changes remain consistent with all applicable development standards; and 3. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04 -41, as amended, for Site Development Plan (SDP) review and approval; and 4. This CAT transfer station shall be limited in scope to a non - primary transfer site. Any designation of this site as Collier County's "main" (or similar designation) is prohibited; and 5. This transfer station shall only be used by four CAT fixed -route buses, paratransit or supervisory vehicles; and 6. No more than ten bus trips per hour to Radio Road can be generated by this transfer station. CU- PL2009 -405 Page 10 of 11 Revised 12/22/09 PREPARED BY: oy '�� is /?/0 q KAY D ESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: �� z zo 0 r �1 D V. BELLOWS, ZONING MANAGER DAfTE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: 12 a/ 1,19 1 DATE MMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN , CHAIRMAN DATE Staff report for the January 7, 2010 Collier County Planning Commission Meeting Tentatively scheduled for the March 23, 2010 Board of County Commissioners Meeting Attachments: A. Conceptual Master Plan B. Resolution C. 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O N N UO N i O C'7 r O 00 0 U cri Q) 3 N N d' Cfl N 'r- 00 a a 0 6 C) 00 2 ,` o o n CO c cu N N m O O O r- O o a co ro lb 5 n o 4-a Cj a� U N Q L Q O U CL L — U O U L CU O U s ^, > D � tv N N to cn .+-� Co C ry i O L o t� .0 co tti C /Q% O L ai O O v cn N_ cn > c Q to � m U s r W d j 0 V 4 u V/ �W •� V 4- J E 4— 0 .x E 0 0 CL 4- CL i • — 0 Cu =3 4—J W • — V 0 Z3 • CD M CD 4� V • - s 0 0 �-' .� o — X V) a) > �o a ' c(1) .0 cu 0 > - �- (1) 4-J — c Q— to > 0 Q N s r W d j 0 V 4 u z J V O Q1 x.11 Lr) Q0 M N N O O C 1 r*-_ Rt 1 (.0 00 00 O c F- > O U O C- Q co � N c W L co C6 w .E O cu CD C) m m Ln Ln z J V • • MO 0 N wm- N l6.'* dJ N CLO ca ca O L 4� 0 0 0 t A c� O U W L y� r� V Q. ca E L. ce _i T 0 z J O u V L Q� CL O i CL v 4-J O V) Q� L v C� V) Q� L CAA O c O Q� L � V QZ O L. CL v � '- O � • L v O QZ � ,— O L. O Q) fu C- c— V •- b i C: 'C O O c .0 O � V (IJ O fu CL C O 1 � V v V) t�: • O w c r J 3 4 d J a RS V ca Q� L v QZ O L. CL 4-J 4—J V � • L v V � ,— Q) fu C- c— a"' 4—J C: Q. O fu CL C O V O r J 3 4 d J a RS V O z_s 4-d .J V) U N Q� a) cn O a J �C 0 +, to r C: v •�_�" m LL -� c� • Q 0 � �cu • — E-- '`'' 0 a) p 0 CO d E E U T E v N ca O .�, m > to +-+ O ca a) 0.— L` oc w -02 bA ._ .O- V1 Q.1 tiA m L = cn •> • C6 N v °� c 0 0 *E Ul Li- O 4.1 _ v to L. �� -C co m u m { _ v u V AGENDA ITEM 10 -E Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITJDEEV; LOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY, X999" SUBJECT: RZ- PL2009 -469; EAST NAPLES FIRE CONTROL AND RESCUE No. 26 PROPERTY OWNER/AGENT: Owner: Agent(s): East Naples Fire Control and Rescue District No. 26 Robert L. Duane, AICP 4798 Davis Boulevard Hole Montes Engineering, Inc Naples, FL 34104 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject site from the Rural Agricultural (A) zoning district and Commercial Intermediate (C -3) zoning district to Public Use (P) zoning district. GEOGRAPHIC LOCATION: The property is located on southwest corner of East Tamiami Trail (U.S. 41) and Lake Park Boulevard, in Section 20, Township 51 South, Range 27 East, Collier County, Florida. (See illustration on following page) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone the subject 3.68 acre site from the Commercial Intermediate (C -3) and the Rural Agricultural (A) Zoning Districts to the Public Use (P) Zoning District to permit a fire station which is permitted as an essential safety service facility in the "P" Zoning District. The Land Development Code (LDC) defines an essential safety service as follows: RZ- PL2009 -469 Revised: 12 -20 -09 Page 1 of 1 I MM \ ® � ± §§ ; o A M¥ 7 \ \ \� � coj « ` U� ` IL ` el 2 '08 , � � « « MM � Q Z> (D Z Z 0 N � Q � Z 0 � Q C) 0 —j to § 2 ( � z 0 E z w a- ± 33 \ b§ \� � ` ` IL ` \ 2 ! )� � Q Z> (D Z Z 0 N � Q � Z 0 � Q C) 0 —j to § 2 ( � z 0 E z w a- I I (1 1 1 1 1 1 1 1 ' I � 1 I I 7 I I 11 I v N PO CA II a D D Z I n -0 C r v co N 3614'21 E 400.47' (M) — _ —.— — — — N —3f 61 9 'i1T0P' E _E 4S0UFF.0E0R ' •• ( D. ) N yo n o FI I 5�I I. ' � • ' .I G >cno I I. 1 L' °F N 4 O ,• 4i.;• . _ °Ie I ` ° z .. � z = O u � � I• v:z =z< I i I i an I 1 J. c� I W I I 13 ' !, ov 1 I • 1 I I i I • I. I `� T oz..mm a s , m ° m ��•�'' ;SrB 9�oF i I ____ _______ 10' E '' BIiFt 6/W - -_ _____ ___J -__ > ___ N 36'- 1 0 E I y yZ / --------------------- - LA1� PARK BLVD. I CA(i ''--------------------------------- - -- -- -- -- - - --- --D 6/1r I C D N r mZ_ y a mZ'i o^ M �' £ Z UI�� -a Q v Z N ti` � <� O o O C-° O O O O C n' zgm �' EgA A "ago i� a:aag 2g e4a 4� "5 NilXii 44 ;Mp 28 S ' o 9 m Ns 7g~ � n N N 1 Essential services: Those services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public As depicted on the attached conceptual site plan, the project provides approximately 2.01 acres of wetland preserves to the west while the access to the proposed fire station will be from Lake Park Boulevard. SURROUNDING LAND USE AND ZONING: North: East Tamiami Trail (U.S. 41) right -of -way (ROW), Tamiami Canal, and vacant land with a zoning designation of Rural Agriculture (A) at a maximum density of 1 dwelling unit per 5 acres. East: Convenience store and Lake Park Boulevard right -of -way (ROW), with a zoning designation of Commercial Intermediate (C -3); vacant land with a zoning designation of Rural Agriculture (A) at a maximum density of 1 dwelling unit per 5 acres. South: Mobile homes and vacant land, with a zoning designation of Mobile Home at a maximum density of 7.26 dwelling units per acre. Single - Family homes, with a zoning designation of Single - Family Residential (RSF -3) at a maximum density of 3 dwelling units per acre. West: Vacant land with a zoning designation of Rural Agriculture (A) at a maximum density of 1 dwelling unit per 5 acres. AERIAL PHOTO RZ- PL2009 -469 Revised: 12 -20 -09 Page 2 of I I GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject site is designated Rural Fringe Mixed Use District, Neutral Lands, and is further identified within the Coastal High Hazard Area, as depicted on the Future Land Use Map (FLUM) of the Growth Management Plan. The designation of Neutral Lands is intended to accommodate a variety of land uses, including essential services as permitted under the most recent Land Development Code (LDC), Section 2.01.03. The requested rezone to Public Use (P) zoning district limits uses to essential services. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Conceptual Site Plan depicts access to the subject site with a north and south entrance from Lake Park Boulevard, off of East Tamiami Trail (U.S. 41). It is believed that intersection spacing requirements would not allow an access point on East Tamiami Trail (U.S. 41).] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The Conceptual Site Plan depicts 60 percent or 2.01± acres of wetland preserve on the 3.68 f acre site. This, combined with the type of project and lack of actual roads — just parking lot and drive, make provision of internal access or loop roads not feasible.] 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. [The Conceptual Site Plan does not show access to the adjoining "A" zoning district to the west of the site, nor the existing zoned "MW site to the south, both abutting the subject property. Due to the small size of the project and the absence of local streets, connection of local streets is not feasible.] Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The Conceptual Site Plan depicts pedestrian access to the site from Lake Park Boulevard, and payment in lieu of for a sidewalk along East Tamiami Trail (U.S. 41). Policy 7.4 is not applicable to this project.] Policy 1.5: Collier County will work with the sheriff, fire districts, municipalities, and other appropriate entities to provide a strong public safety program capable of protecting the citizens of the County and their property. [This project furthers this Policy.] Transportation Element: The Transportation Department Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and notes the following: The first concurrency link that is impacted RZ- PL2009 -469 Revised: 12 -20 -09 Page 3 of 11 by this project is link 95, Tamiami Trail East (US -41) from Collier Boulevard (CR -951) to San Marco Road (CR -92). The project proposes to generate two (2) net new PM peak hour, peak direction trips, which represents a 0.18 percent impact on East Tamiami Trail (US -41). This segment of Tamiami Trail East (US -41) currently has a remaining capacity of 27 trips, and is currently at Level of Service (LOS) "E" as reflected by the adopted 2009 AUIR. No subsequent links beyond this segment of Tamiami Trail East (US -41) are significantly impacted, thus no further analysis was required for PM Peak Hour impacts. Furthermore, the TIS submitted for the above referenced project doesn't need to be revised to reflect the other uses allowed in the proposed Public Use (P) Zoning District because the site generated traffic for those uses under the proposed zoning do not exceed what could have been generated under the site's current C -3 and Agricultural zoning. Therefore, the proposed Fire Control and Rescue Station can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The net new trips associated with the proposed Conditional Use will not be subject to concurrency review at the time of SDP. Conservation and Coastal Management Element: A review of Objective 12.2 and subsequent policies yields that Collier County has an obligation to protect life and property within the CHHA from hurricanes [Objective 12.2]; and, that limited additional growth is expected within the CHHA and that Collier County will provide, or allow to be provided, the necessary public facilities to serve that future growth and at the level of service standards adopted in the GMP [Policy 12.2.2] Objective 12.2: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- building cost from the affect from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not limited to: a. Construction above the flood plain; b. maintaining a protective zone for wildfire mitigation; c. installation of on -site permanent generators or temporary generator emergency connection points; d. beach and dune restoration, re- nourishment, or emergency protective actions to minimize the loss of structures from future events; e. emergency road repairs; f. repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls, etc. [Applicable "best practices" as stated in CCME Objective 12.2 above, must be a condition of approval of this petition, to be included/specified at time of SDP submittal (and reviewed by the Collier County Emergency Management staff).] Policy 12.2.2: Within the coastal high hazard area, the calculated needs for public facilities, as represented in the Annual Update and Inventory Report (AUIR) and Five -Year Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the Future Land Use Element. [Various Elements and Sub - Elements allow or require provision of Essential Services to serve all population in Collier County, including the Coastal High Hazard Area (CHHA).] RZ- PL2009 -469 Revised: 12 -20 -09 Page 4 of 11 GMP Conclusion: Based upon the above analysis, staff concludes this petition may be deemed consistent with the FLUE, the Economic Element, and the Conservation and Coastal Management Element Objective 12.2 and subsequent policies, subject to the following condition: At the time of Site Development Plan approval, applicable "best practices" listed in Objective 12.2 of the Conservation and Coastal Management Element shall be incorporated, as deemed necessary by the Collier County Emergency Management Department. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. This evaluation is completed as part of the Zoning and Land Development Review provided below. In addition, staff offers the following analyses: Environmental Review: The Environmental Services staff has reviewed the petition to address any environmental concerns. This petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission (EAC) required because the applicant has requested a waiver to Section 10.02.02 A.2 of the Land Development Code (LDC) which is the requirement to prepare an EIS in the Coastal High Hazard Area (CHHA). The request for a waiver to submit an EIS was granted and is Attachment "C" of this staff report. The basis for the EIS waiver is that this is a conventional rezoning application. According to Section 10.02.02 71, (exemptions) a conventional rezoning application with no proposed site plan or proposed development plan is eligible for a waiver. The purpose of the EIS waiver was requested because the applicant's are in the Environmental Resource Permit (ERP) permitting process with South Florida Water Management District (SFWMD) and the site plan has the potential to change based on the permitting conditions. Since the subject property is located in the Rural Fringe Mixed Use District, Neutral Land on the FLUE map, properties are required to preserve a minimum of 60 percent of the present native vegetation but not to exceed 45 percent of the total site area. The requirements will be established during the site development plan approval process. The applicant has agreed to go before the EAC with the EIS prior to site plan approval. Transportation Review: The Transportation Department Staff is recommending approval of the proposed rezone to allow a fire station as depicted on the attached conceptual site plan. Utility Review: The Utilities Department Staff has reviewed the petition and notes the following: the project location is within the Collier County Water - Sewer District Service Area. There is an existing 12 -inch water main and 6 -inch force main on Tamiami Trail East. There is an existing 8 -inch water main on Lake Park Boulevard. At the time of the SDP, this project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Public Utilities RZ- PL2009 -469 Revised: 12 -20 -09 Page 5 of 11 Division. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County ordinance 2004 -31 and 2007 -60, as amended, and other applicable County rules and regulations. Zoning Review: The future land use for this property has been identified as Rural Fringe Mixed Use District, Neutral Lands, which is consistent with the requested rezoning. Based on the consistency reviews found on pages three (3) and four (4), staff has determined that the rezoning request is suitable for the proposed fire station. The subject property is 3.68 acres in size and is located within the Coastal High Hazard Flood Area as designated on the official Zoning Atlas. The subject property currently has two (2) zoning designations and both zoning districts allow for Essential Services as a permitted use. Since the development standards are different in each zoning district, the petitioner has chosen to rezone to the "P" zoning district which will allow for a cohesive development plan. A comparison of the development standards for each zoning district is noted below: Development Standards in current and proposed Zoning Districts Zoning Maximum Minimum Minimum Minimum Side Yard Minimum Rear Yard District Building Floor Area of Front Yard (feet) (feet) Height Buildings (feet) (feet) (square feet) A 35 550 50 30 50 current zoning C -3 50 700 (ground 50 percent Waterfront Non- Waterfront Non- current floor) of building waterfront waterfront zoning height, not 25 50 percent 25 50 percent less than 25 feet of building of building height, not height, not less than less than 15 feet 15 feet P C None The yard requirements shall be equal to the most restrictive proposed adjoining district C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. The table above provides a comparison of the development standards in the current and proposed zoning districts. The subject property is located in an area that is a mixture of residential and nonresidential land uses and the majority of the surrounding area has a zoning designation of "A" and "MH ". There are no immediate plans for the construction of the proposed fire station, and the applicant understands that all provisions of the "P" zoning district need to be met, should this application be approved. Staff has requested that a conceptual site plan be provided that depicts the proposed access and location of the preserves. The site plan includes the preserve setbacks and calculations along with the required yard setbacks. The "P" zoning district requires the yard setback requirements to be equal to the most restrictive adjoining district which is the MH zoning district. RZ- PL2009 -469 Revised: 12 -20 -09 Page 6 of 11 Rezone Findings: LDC Subsection 10.03.05.L 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" (Staffs responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan (GMP). The proposed rezoning from "C -3" and "A" to "P" zoning district is consistent with the FLUE designation of Rural Fringe Mixed Use District, Neutral Lands. The rezoning of the site will allow the East Naples Fire Control and Rescue District to construct a fire station to serve the surrounding community. 2. The existing land use pattern. The existing land use pattern is mostly vacant except for the mobile homes 600 feet south of the subject property and the convenience store on the east side of Lake Park Boulevard. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The purpose and intent of the requested "P" zoning district is to accommodate local, state and federal government facilities to provide essential public services while minimizing the potential disruption of the uses of nearby properties. 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 in relation to existing conditions on the property and follow the property ownership boundaries. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone to the "P" zoning district will allow the applicant to design the fire station with unified development standards. The rezoning is being initiated to better provide an Essential Safety Service facility for the neighborhood. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed rezoning will not result in any significant adverse impacts or influence on the living conditions in the neighborhood. The RZ- PL2009 -469 Revised: 12 -20 -09 Page 7 of 11 proposed fire station will serve the surrounding properties providing quicker response to emergency situations. 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. Adequate infrastructure is in place for the development of this property. The project is also been deemed to be consistent with all the adopted level of service (LOS) standards. 8. Whether the proposed change will create a drainage problem. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Furthermore, the LDC and GMP have regulations in place that will ensure at the time of subsequent development order review that the drainage for this project will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent area. At the time of site development plan review, the project will be required to adhere to the LDC open space and buffering standards. The fire station is also limited to a maximum of 30 feet in zoned height and 37 feet in actual height. Furthermore, the subject property is located in the Neutral Lands of the Rural Fringe Mixed Use District on the FLUE map which requires projects to preserve a minimum of 60 percent of the present native vegetation but not to exceed 45 percent of the total site area. This requirement should assist in keeping light and air circulation to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Staff is of the opinion that the proposed rezoning should have a generally positive impact on the community by allowing the fire station to be designed in a cohesive manner, instead of having to conform to two separate zoning districts. However, the value of a property is a subjective determination based upon anticipated results which may be internal or external to the subject property. Since property valuation is affected by several factors, the proposed rezone by itself may or may not affect the values of 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. The proposed fire station will not result in a deterrence for improvements to the adjacent properties because the applicant will have to adhere to the LDC regulations RZ- PL2009 -469 Revised: 12 -20 -09 Page 8 of 11 for landscape and buffer requirements in conjunction with the GMP requirement that 60 percent of the present native vegetation of preserves shall remain, and the proposed development standards that yard setback requirements shall be equal to the most restrictive adjoining district, provides assurance that this project will not be a deterrent to the improvement or development 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. The proposed rezone will not constitute a special privilege because the development complies with the GMP. As described in detail on pages three (3) and four (4) of this report, the rezone request was found to be consistent with the FLUE. 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. As mentioned previously in this staff report, the subject property has two (2) zoning designations and essential services are permitted uses within both zoning districts, it would be difficult to develop the subject property in a cohesive plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that because the proposed change is not out of scale with the needs of the neighborhood because the use is limited to the similar development standards as the adjacent MH zoning district. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use? The applicants stated in their application that fire stations must service a five (5) mile radius and this location is needed to meet this requirement. 16 The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of the site alteration will be required to go through extensive evaluation by federal, state, and local development regulations during any site development plan approval process. The application states the fire station will be developed on the eastern portion of the subject property that has been previously disturbed. 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 RZ- PL2009 -469 Revised: 12 -20 -09 Page 9 of 11 Plan and as defined and implemented' through the Collier County Adequate Public Facilities Ordinance, as amended. The project will have to meet all applicable regulations set forth in the LDC and the Adequate Public Facilities Ordinance. 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. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was held on Wednesday, October 7, 2009 at 5:30 PM at the Eagle Lakes Country Club/Royal Palm Golf Estates Clubhouse. No one from the public attended the meeting. The applicant's, their agents and staff waited a half hour before closing the public meeting. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for RZ- PL2009 -469 revised on December 20, 2009. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition RZ- PL2009 -469 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the conditions of approval that have been incorporated in Exhibit C of the Ordinance of Adoption. Attachments: A. Ordinance B. Application C. EIS waiver request and approval PREPARED BY: RZ- PL2009 -469 Revised: 12 -20 -09 Page 10 of 11 PREPARED BY: WA- "M� n iA- MELIS ZONE, PiEj AL PL R DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /Z- zo - of RAYMOfD V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSANIA. ISTENES, AICP, DIRECTOR D TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: K. SCHMI T ADMINIST TOR DA E NITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 9, 2010 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN RZ- PL2009 -469 Page 11 of 11 DATE