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CCPC Agenda 05/19/2011 RCCPC REGULAR MEETING AGENDA MAY 19, 2011 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 19, 2011, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 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 IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —April 21, 2011 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. CU- PL2010 -1949, Hitching Post Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a coin operated amusement arcade within a C -3 Zoning District pursuant to Subsection 2.03.03.C.I.c.4 of the Collier County Land Development Code for property located in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. Continued from the April 21, 2011 meeting: Requesting CCPC action on the Fertilizer Ordinance component of the Watershed Management Plan [Coordinator: Mac Hatcher] B. DOA- PL2010 -274: Heritage Bay DRI -A Resolution amending Development Order 03 -01, Heritage Bay, a Development of Regional Impact, providing for Section One: Addition of Buildout Date and Extension of Expiration Date; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and providing an Effective Date. The property is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida [Coordinator: Kay Deselem, AICP, Principal Planner] C. SV- PL2010 -1995: Walmart, a Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number SV- PL2010 -1995, granting a variance from Section 5.06.04.F.4 of the Land Development Code concerning the number of permissible wall signs and granting a variance from Section 5.06.04.F.4.a concerning the maximum sign display area, which signs are located at 9885 Collier Boulevard in Section 3, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner] D. BD- PL2010 -1685: Vanderbilt Beach Boat Dock Extension, a Resolution of the Collier County Planning Commission relating to Petition number BD- PL2010 -1685 for an 86 -foot boat dock extension over the maximum 20 -foot limit in Section 5.03.06.E of the Collier County Land Development Code for a total protrusion of 106 feet to accommodate a 6 -slip docking facility for 30 -foot vessels for the benefit of portions of Lot XIII, Block A and portions of Lots XI and XII, Block B, Unit No. 1, Conner's Vanderbilt Beach Estates Subdivision in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 5/6/2011 CCPC Agenda/Ray Bellows/jmp AGENDA ITEM 9 -A Coflev County Growth Management Division Planning & Regulation Memorandum To: Collier County Planning Commission From: Mac Hatcher, Senior Environmental Specialist Date: May 9, 2011 Subject: Staff Summary — May 19, 2011 Watershed Management Plan Workshop Update Objective: To continue the update on the progress of the Watershed Management Plans fertilizer ordinance started at the April 21, 2011 meeting. The state model Florida - Friendly Fertilizer Use on Urban landscapes was modified for Collier County and was discussed. The Collier County Planning Commission heard public speakers and indicated a desire to consider: • Annual Limit of 4 lbs N / 1000 sq ft • At least 50 % Slow Release N • 0% P unless soil test warrants addition • Minimum of 10 ft buffer with no fertilizer around water bodies except new plants • Prohibited Application Period from July 1 through September 30 • Combining "Buffer" sections • Standard penalty section • Review after 2 years The CCPC also requested more detail or information on the following issues: • Slow Release Definition • Compost • Composition of fertilizers currently available • Regulation of the sale of fertilizer • Request experts on Model Ordinance and from the Conservancy of Southwest Florida Considerations: I have attached a modification of the model ordinance to include the above listed considerations (highlighted in aqua) and a combined buffer section. The other information requests are discussed below. Slow Release Nitrogen There was interest in a better definition for "Slow Release Nitrogen ". Although the definition is included in the model ordinance there are not any regulatory standards included. Slow or Controlled Release Nitrogen is only a required component of a Florida fertilizer label when it is claimed or advertised and constitutes greater than 15% of the nutrient. It is expressed as a percent of the actin, nutrient. To calculate the percent of nitrogen that is "slow release" you have to divide the percent slow release by the total percent nitrogen. There are a couple of other definitions that follow and an example label. Florida Statute 576.011 (34) "Slow or controlled release fertilizer" means a fertilizer containing a plant nutrient in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant significantly longer than a reference "rapidly available nutrient fertilizer," such as ammonium nitrate or urea, ammonium phosphate, or potassium chloride. Florida Statute 576.011(41) "Water- insoluble nitrogen" means nitrogen not soluble in water. Conservancy of South West Fl Slow Release, Controlled Release, Timed Release, Slowly Available, or Water Insoluble Nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference "rapid release nitrogen" product. Forms of slow release, controlled release, slowly available, or water insoluble nitrogen include: (1) Isobutylidene diruea (IBUD). (2) Resin, Polymer, or Sulphur coated urea. (3) Biosolids or residuals from domestic wastewater treatment. (4) Ureaform aide hyde. (5) Composted animal manure. (6) Others as may be designated in writing by the County Manager or designee Figure 1 IFAS #ENH962 Figuring out Fertilizer for the Home Lawn i0°, b of this nitroc eit is water insoluble. or slow - release. Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section Compost Homemade compost is specifically excluded in the definition of fertilizer in Section 576.011 (12) Florida Statutes. Consequently compost would not be regulated by the proposed ordinance. Florida Statute 576.011 (12) "Fertilizer" means any substance which: (a) Contains one or more recognized plant nutrients and promotes plant growth, or (b) Controls soil acidity or alkalinity, or (c) Provides other soil enrichment, or (d) Provides other corrective measures to the soil. For the purposes of this chapter, the term "fertilizer" does not include unmanipulated animal or vegetable manures, peat, or compost which make no claims as described in paragraphs (a) -(d). Current Fertilizer availability (Several box and a hardware store) Brands N -P -K Insoluble % Slow % N Release Lesco Pro Turf 15 -0 -15 2.2 15 Lesco Turf 26 -2 -11 6.5 25 Lesco 16 -4 -8 2 12.5 Scots Organic 11 -2 -2 10 91 Scots Southern Turf 32 -0 -10 10.5 33 Vigro P Free 29 -0 -4 4.5 16 Vigro Super Green 35 -0 -5 12.3 35 Scots Magic Green 22 -2 -2 6.5 22 Scotts Liquid 29 -2 -3 17.4 60 Vigro Weed & Feed 28 -0 -3 Ace 30 -0 -3 7.75 26 Scots Super Turf 24 -2 -12 0.6 2.5 Scots Super Bonus 26 -2 -14 10 42 Sale of Fertilizers HB457 was adopted and if signed will provide exclusive authority for sales to FDACS unless a local government has adopted a local ordinance prior to July 1, 2011. FISCAL IMPACT: There are no fiscal impacts at this time. The ordinance will be enforced through the by the Code Enforcement Department with existing staff. Commercial applicators will be required to take the Florida Green Industries Best Management Practices for Water Resource Protection in Florida training class at a cost of $25.00. GROWTH MANAGEMENT IMPACT: Completion of the WMPs will support objective 2.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. PREPARED BY: Mac Hatcher, Senior Environmental Specialist, Growth management Division / Planning and Regulation Growth Management Division Office of Land Development - Stormwater and Environmental Planning Section ORDINANCE NO. I I - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING AN ORDINANCE FOR FLORIDA - FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, via the passage of Senate Bill 494 in 2009 and the creation of Florida Statute Section 403.9337, mandate the establishment of a Model Ordinance in Collier County concerning the use of fertilizer on urban landscapes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS As a result of impairment to COLLIER COUNTY'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and /or ground water within the aquifers or springs within the boundaries of the county, the governing body of Collier County has determined that the use of fertilizers on lands within the county creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the Board of County Commissioners of Collier County finds that management measures contained in the most recent edition of the "Florida- friendly Best Management Practices for Protection of Water Resources by the Green Industries, 2008, " may be required by this ordinance. SECTION TWO: PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance Page 1 of 8 requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Collier County's natural and constructed stonnwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well -being of Collier County residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. SECTION THREE: DEFINITIONS For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the County Manager, or an administrative official of county government designated by the County Manager to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" means any Person who applies fertilizer on turf and /or landscape plants in Collier County. "Board or Governing Board" means the Board of County Commissioners of Collier County, Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field- testing, and expert review, determined to be the most effective and practicable on- location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of Collier County whose duty it is to enforce codes and ordinances enacted by Collier County. "Commercial Fertilizer Applicator ", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. Page 2 of 8 "Fertilizer" means any substance or mixture of substances that contains one or ra re recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non - commerci 1 or a Commercial Applicator (unless such definitions also apply under the circumstances), that appl es fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators sha 1 include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties ma ntained in condominium and/or common ownership. "Landscape Plant" means any native or exotic tree, shrub, or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjace t to water courses which is planted and managed in order to minimize the need for fertilization, wat ring, mowing, etc. "Person" means any natural person, business, corporation, limited liability co pany, partnership, limited partnership, association, club, organization, and/or any group of p ople acting as an organized entity. "Prohibited Application Period" means from and th time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Collier County, issued by the National Weather Service, or if heavy rain is likely. "Collier County Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection' "Florida friendly Best Management Practices for Protection of Water Resources by the Green Ind tries, 2008, " as revised, and approved by the County Manager or his designee. "Saturated soil" means a soil in which the voids are filled with water. Saturation oes not require flow. For the purposes of this ordinance, soils shall be considered saturated if sta ding water is present or the pressure of a person standing on the soil causes the release of free ater. "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or `Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference r 3ipid or quick release product. 1 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 http: / /severe.worldweather.org /rain /, and forecast keyword "likely", http: / /www.wrh.noaa.gov /sew /MediaGuide /TermsOutlooks Watches_Wamin".pdf. Page 3 of 8 in a 24 hour period. "Specialized Turf Managers" means landscape manager of non agricultural land planted exclusively for golf course, parks, or athletic fields. "Turf," "Sod," or "Lawn" means a piece of grass- covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights -of -way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in Florida Statute 570.02 SECTION FOUR: APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of Collier County unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. SECTION FIVE: TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils. SECTION SIX: FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62 -340, Florida Administrative Code) or from the top of a seawall. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if needed to allow the plants to become well established. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land Development Code section 3.05.07F.3.1 A swale /berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. Caution shall be used to prevent direct deposition of nutrients into the water. SECTION SEVEN: FERTILIZER CONTENT AND APPLICATION RATES Page 4 of 8 p � SECTION EIGHT: APPLICATION PRACTICES (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) Deflectors must be positioned such that fertilizer granules are deflected away fro surfaces, fertilizer -free zones and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervii (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentall impervious surface shall be immediately and completely removed to the greatest (d) Fertilizer released on an impervious surface must be immediately contained e applied to turf or any other legal site, or returned to the original or other appropr (e)In no case shall fertilizer be washed, swept, or blown off impervious surfaces drains, ditches, conveyances, or water bodies. all impervious s surfaces. on any :tent practicable. I either legally container. .o stormwater ar,t, i iviN imiNr,: iviAlNr- ktrr_ivmiv i yr uxA33 k,i,irrnNu3 tiivL v nvn i tits Z ivy i i nic In no case shall grass clippings, vegetative material, and/or vegetative debris be vyashed, swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Page 5 of 8 SECTION TEN: EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Fai7n Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulturei (d) all golf courses provided that landscaping is done within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007 "(Florida Golf Course BMPs), as updated. Florida Golf Course BMPs shall be followed when performing landscaping on golf course practice and play areas. If Florida Golf Course BMPs are not adhered to, Collier County may take enforcement action in accordance with Section 14 of this Ordinance; (e) all Specialized Turf Managers provided that fertilization is based on the provisions of RULE 5E- 1.003(2)(d), F.A.C. and OF /IFAS Publication #SL 191 , while maintaining the health and function of their Specialized Turf areas. SECTION ELEVEN: TRAINING (a)AII commercial and institutional applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete the six -hour training program in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries " offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida- Friendly Landscapes" program, or an approved equivalent. Page 6 of 8 (b) Private, non - commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. SECTION TWELVE: LICENSING OF COMMERCIAL APPLICATORS (a)Prior to 1 January 2014, all commercial applicators of fertilizer within the (un)incorporated area of Collier County shall abide by and successfully complete training and continuing education requirements in the "Florida friendly Best Management Practices for Protection of Water Resources by the Green Industries ", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -10 friendly Landscapes" program, or an approved equivalent program, prior to obtaining a Collier County Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the County Tax Collector's office within 180 days of the effective date of this ordinance. (b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area of Collier County shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per 5E- 14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi- family and condominium properties) must ensure that at least one employee has a "Florida- friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and /or Landscape Plants shall provide proof of completion of the program to the County Tax Collector's Office. Page 7 of 8 SECTION THIRTEEN: ENFORCEMENT Funds generated by penalties imposed under this section shall be used by (Municipality/ County) for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. SECTION FOURTEEN: PENALTIES SECTION SIXTEEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney day of 52011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LE Page 8 of 8 Chairman U AGENDA ITEM 9 -13 Co e-r Count y STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES - -LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: MAY 19, 2011 SUBJECT: DOA- PL2010 -274: HERITAGE BAY DRI APPLICANTS: Darin McMurray, Vice President Richard McCormick, Vice President Lennar Homes, LLC of Land Development 10481 Ben C. Pratt Six Mile Cypress Pkwy. Pulte Home, Inc. Fort Myers, FL 33912 9240 Estero Park Commons Blvd. Estero, FL 33928 AGENT: R. Bruce Anderson, Esquire Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 REQUESTED ACTION• The petitioner seeks an amendment to the Heritage Bay Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to allow the following changes: 1) Add a buildout date to the DRI DO; and 2) Incorporate the previously administratively approved F.S. Chapter 380.06.(19)c 2007- and 2009 extension amendments; and 3) Further extend the DRI DO expiration date and buildout date by four years and three hundred sixty -four days to September 10, 2028 (expiration date) and December 30, 2019 (buildout date). GEOGRAPHIC LOCATION: The subject 2,562+ -acre property is located in the northeastern quadrant of the intersection of Collier Boulevard (CR 951) and Immokalee Road (CR 846) in Sections 13, 14, 23, and 24, Township 48 South, Range 26 East, Collier County, Florida. See the map on next page for details. Heritage Bay DRI: DOA- PL2010 -274 Page 1 of 5 May 19, 2011 CCPC Revised 4/25/11 PURPOSE/DESCRIPTION OF PROJECT: CURRENT REQUEST.- According to the petitioner's narrative statement, this petition was submitted to accomplish the following: This Notice of Proposed Change (NOPC) is to add the buildout date to the development order and to extend the buildout date and expiration date of the Development Order. By virtue of the 2007 (three year extension) and 2009 (two year extension) Amendments to Section 380.06(19)(c) FS, the Development Order has been extended automatically for a total offive years. A copy of the documentation from Collier County that the development meets the requirements for the three and two year extensions is attached. As provided in Section 380.06(19)(c)F.S, these statutory authorized automatic extensions are not a substantial deviation and will not be considered when determining whether a subsequent extension is a substantial deviation. This NOPC seeks to further extend the Buildout Date and Expiration Date of the Development Order by four years and three - hundred and sixty four days. Section 380.06(19) (c) F. S, also states that an extension of a buildout date o years or less is not a Substantial Deviation. Based on the foregoing, the new Development Order Expiration Date would be September 10, 2028 and the new Buildout Date would be December 30, 2019. No other changes to the Development Order are proposed. DRI HISTORY.- The Board of Collier County Commissioners approved the DRI DO for this project with Resolution #03 -255 (DRI DO #03 -01). The project was originally approved for a total of 3,450 dwelling units; 200 assisted living facility units; 200,000 square feet of commercial area, 1,137 acres of lakes recreation, open space, buffers and 54 holes of golf; 863 acres of conservation/preserve area and 7.73 acres of governmental uses (included satellite facilities for constitutional offices, fire and emergency medical services as well site and utility pump station). Except as described above, there have been no other DRI DO amendments to this project. No changes to the intensity of uses or additional uses are proposed as part of this amendment. SOUTHWEST FLORIDA (SW) REGIONAL PLANNING COUNCIL (RPC): The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on April 21, 2011. DRI DO #03 -01 (Collier County Resolution #03 -255) Conclusions of Law I.E. that states the following: At any time in the future, should the Developer request an extension to the approved build -out date for the project, the Developer shall re- examine the housing needs of the project and provide an updated re- analysis of the affordable housing required. In response, the RPC staff report includes the following analysis of Regional Goals, Resources or Facilities: Because there are no land use changes and the law allows for these extensions cumulatively totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and impacts on regional resources and facilities cannot be assessed for change. The development order did trigger an affordable housing condition that required a reanalysis of the affordable housing impacts if an extension was requested. However, the county housing development manager waved this requirement because his opinion is based, in part, on "the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.1 % of homes sold in Collier County are Heritage Bay DRI: DOA- PL2010 -274 Page 2 of 5 May 19, 2011 CCPC Revised 4/25/11 now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. " The SWFRPC staff concurs with waving this requirement. The NOPC and the RPC staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations of approval prepared by its staff with the conditions noted below: (A copy of the RPC assessment is included in the application package.) The RPC recommends acceptance of the proposed development order amendment if the following is incorporated into the DRI DO: This development order shall remain in effect for fifteen (15) years from the date it become final and effective until September 10, 2028. The buildout date for the development shall be December 30, 2019. In addition, the RPC recommends the following: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. Recommendations #2 is the customary procedure following by Collier County staff and staff will provide a copy of the approved development order to the RPC. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COUNTY STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed changes have no presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes that states: An extension of 5 years or less is not a substantial deviation.... Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, are extended for 3 years regardless of any prior extension. The 3-year extension is not a substantial deviation, is not subject to further development -of- regional- impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection. During the 2009 legislative session, Section 14(1) of SB 360 was passed to provide in part as follows: Heritage Bay DRL DOA- PL2010 -274 Page 3 of 5 May 19, 2011 CCPC Revised 4/25/11 Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government- issued development order or building permit. The two-year extension also applies to build -out dates including any build -out date extension previously granted under s. 380.06(19) (c), Florida Statutes. In a memo dated March 31, 2011 (copy attached), Frank Ramsey the Collier County Manager of Housing Development provided the following analysis regarding the DRI DO housing needs reanalysis requirements (Conclusions of Law 1.E.): Lennar Homes is processing a Notice of Proposed Change (NOPC) to the Heritage Bay PUD (Ordinance 2003 -40) to extend the build out date. Collier County's Housing, Human and Veteran Services Department concurs with the Regional Planning Council's opinion that a re- analysis of the affordable housing requirement is not necessary or required. This opinion is based, in part, on the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.1 % of homes sold in Collier County are now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. Staff is of the opinion that it is appropriate to extend the dates for this project given the economic situation. County staff, in recognition of a still somewhat stagnant economy, will be recommending that the Board extend the Local Economic Emergency Ordinance (LDC Section 10.02.13.D.12) for at least one more year. Staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. Using this DRI DO amendment opportunity to add a buildout date to the DRI DO, when there was none included in the original action, makes a more clear record. This action is consistent with the current DRI DO criteria wherein DRI DO document are supposed to contain a buildout date. The applicant's request to incorporate the previously approved administrative extension requests creates a more complete record of past action. Staff recommends approval of the DRI DO amendment believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on April 25, 2011. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA- PL2010 -274 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Heritage Bay DRI: DOA- PL2010 -274 Page 4 of 5 May 19, 2011 CCPC Revised 4/25/11 PREPARED BY: KAY EMSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: RAY OND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES LIAM D. LO NZ, JR. ., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES :• NICK CASAL'AANGUIDA, DEflUUg.MM TRATOR GROWTH MANAGEMENT D ISION t4 I DATE DATE o4- 2s' -Zol( DATE 0 DATE Tentatively scheduled for the July 26, 2011 Board of County Commissioners Meeting Heritage Bay DRI: DOA- PL2010 -274 May 19, 2011 CCPC Revised 4/14/11 Page 5 of 5 DEVELOPMENT ORDER NO. 2011-. RESOLUTION NO. 2011-1 A RESOLUTION AMENDING D I EVE, LOPMENT ORDER 03-01, HERITAGE BAY, A. DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: ADDITION OF BUILDOUT DATE AND EXTENSION OF EXPIRATION DATE; SECTION TWO; WO: FINDINGS: OF FACT; SECTION THREE: CONCLUSIONS OF LAW, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA; AND PROVIDING AN EFFECTIVE DATE, THE PROPERTY IS LOCATED IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA "ERE-AS, the Board of County Commissioners of Collier County, Florida approved Development Order 03-01 (the "Development Order") by Resolution 03-255 on July 27, 2003, which approved. a, Development of Regional Irnpact (DRI) known as Heritage Bay DRI; and WHEREAS, in accordance with Section 380.06(1.9(c)_,F.S,, as approved by the Florida Legislature in 2001 and 2009. three-year and two-year extension to the expiration date and projected buildout date was' given to this DRI; and WHEREAS, Bruce Anderson, Esquire of Roetzel and Andress, P.A., representing Lennar Homes, LLC, and Pulte Home Corporation, petitioned the Board of County Commissioners of Collier County, Florida to amend the Development Order by setting a buildout date and extending the expiration date; and WHEREAS, the Collier County Planning Commission. held a public hearing on the petition on ; and WHEREAS, on the Board of County Commissioners, having ng considered . application, of proposed changes. to the Development Order and. the record made. at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning. Commission; and report and recommendation of the Collier County Planning Cominission, the . report and recommendation of the Collier County Planning Words stfiiok 61-ret'q-1- ,, are deleted.. words underlined are added, 14critage Bay DRI / DOA-PL2010-274 Revised 4wii I of Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Development Order amendments. NOW, THEREFORE„ BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS 10NERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT OJU)ER 03 -01 Conclusions of Law, Section 2.(FOLLOWING GENTERAL. CONSIDERATIONS 15 G;) of Development Order 03 -01 is hereby amended to read as follows; 2`. This development order shall remain in effect for fifteen (15) years from the date it becomes final and effective, until September 10, 2028. The buildout date for the development shall be December 30, 2019.. SECTION TWO: FINAINGS OF FACT A. That the real property constituting the Heritage Bay DRI, which is the subject of the proposed amendment, consists of approximately 2,562 acres, is legally described as set forth 10 in Exhibit "A ", attached hereto and by reference made a part hereof. B: The application is in accordance with Section 380 06(19)(e)l., Florida Statutes. The applicant submitted a Notice of Proposed Change to the Regional Planning Council, the State Land Planning Agency and Collier County as required by Section 380.06(19)(e)I. This Section also provides "A Notice of Proposed Change ... that involves an extension. of the b uildout date of a development, or any phase thereof, of less than five years is not subject to the public 'hearing requirements of 0) and is not subject to a determination pursuant to subparagraph f(5)." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The Regional Planning Council notified the County in April, 2011 that the proposed changes do not create additional impacts: Words Am& ffifeugh are deleted; words underlined are added:. Heritage Bray DRI 1 DOA- PL2010 -274 Revised 4/14/11 2 of 4 E. The development is not in an area designated an Area of Critical State concerti pursuant the to . . provisions of Section 380.06, Florida Statutes, as amended. SECTION THREE- CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not I p P I rewire further 'development-of-regiOnal-impact review, B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives: of the adopted State Land Development Plan applicable. to the area. C.. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations, adopted pursuant thereto, D. The proposed changes to the previously approved Development Order are U y Ponsistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 3..8.0.06(19)(c) which provides ... "an extension of five years or less. is. not a substantial deviation, °' Pursuant to Section 3 8,0,0.6(o) 1, it is not, subject to the public hearing requirements of -b . 380.06(19)(t)3. and it is not subject to A determination pursuant to Section 380,06(19)(f)5, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE' A. Except as amended hereby, Development Order 03-01 shall remain in, full force and effect, binding in accordance with the terms on all parties thereto, B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest ,Florida Regional Planning Council. Words 4r-8ek4hre+t&:are deleted;wards underlined are added, Heritage Bay DRT/ DOA- PL2010-274 Revised 4/.14/11 3 of 4 Now C. This Deyelopment Order shall take. effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded .in the minutes of this Board. This Resolution adopted after motion, second and favorable vote. Done. this _ day of . 2011. ATTEST; DWIGHT: E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency:. t~ �� Heidi Ashton -Cicko ` -Section. Chief, Land Use/Transportation Attachment: Exhibit A - Legal Description cpj' 10.- CFS- 01015N1 b BOARD OF COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Words 4 tlr-ot are deleted; words underlined are added. Heritage Bay DRI,/ DOA- P'L2010 =274: ggvised 411411:1 4 of 4 1 :■ W111SORMiller idea ')+u 'hqs it'04j'IltiAyg rasp" & &",p esrltg 8:B RECEIVEp AUG 19 2003 EXHISIT A LEGAL DESCRIPTION HERITAGE BAY COLLIER COUNTY, FLORIDA Sections 13, 14, 23 and 24, Less Use South 1 oo feet of _qection East, Collier County, Florida. s 23 and 24, ? o 4nshlli Ott South, Range 26 t ontaining, 2562.3 acres, more or less. Prepared by: wilsoilmiller, P!V. . 4Fjorl [ashfcrd; i~ro,: ssitnal Surueyor-& Mapper egistratim, f � : L55305 See attached survLiy, Not valid Without the signature and the original raised seal of a cforida licenser) surveyor and mapper. P.I,N.: N0442- 00$- 000- FLS1A, Ref.: 5L -242, Date. August 5, 2003 Miipjas Fart Myers saroacts iampe T01184zrssee P€�namd clfy B'esch 4511loidt.- jR0U;evaj;3 Suite 10 RvtVM rsFkl(da331f; 239- Sr947 -020V 239-939-747,9 Mit s zoaz zna u vrr a�!: spa x $�a uc rrllsanmlJler. w mn Hotix- nx- pa�.s�.s.. � <s7 M Co ter C;0114Hty Public Services Division Housing, Human & Veteran Services MEMORANDUM TO: Kay Deselem, AICP; Principal Planner FROM: Frank Ramsey; Manager— Housing Development DATE: March 31, 2011 RE: Heritage Bay DOA- PL2010 -274 Lennar Homes is processing a Notice of Proposed Change (NOPC) to the Heritage Bay PUD (Ordinance 2003 -40) to extend the build out date. Collier County's Housing, Human and Veteran Services Department concurs with the Regional Planning Council's opinion that a re- analysis of the affordable housing requirement is not necessary or required. This opinion is based, in part, on the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4%1 since the peak. Furthermore, 70.1% of homes sold in Collier County are now affordable to a family earning the local area median income 2. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process. Frank Ramsey 1 Metropolitan Area percent fall in home value since peak value (Federal Housing Finance Agency Home Price Index through June 2010) Z National Association of Home Builders /Wells Fargo Housing Opportunity Index (HOI), 4th Quarter 2010. Human and N'eteran. Iervices 'ef Collier County 3339 Tamiami Trail East, Suite 211 • Naples, FL 34112 -5361 239- 252 -CARE (2273) • 239 252 -HOME (4663) • 239- 252 -CAFE (2233) • 239 -252 -RSVP (7787) • 239 - 252 -VETS (8387) • www ,colliergov,net/humanservices HERITAGE BAY DRI DRI #11- 2001 -154 NOTICE OF PROPOSED CHANGE Background The 2,562 acre Heritage Bay Development of Regional Impact (DRI) is located in unincorporated north Collier County at the northeast corner intersection of CR 951 and Immokalee Road (see Location Map). The DRI Development Order (DO) defines construction of 3,450 residential units, while the original DRI application proposed a mix of 1,160 single family units, detached, attached and villas, 2,290 multi - family units, garden and mid -rise condominiums. Other uses approved in the DO are 200 assisted living units and Village Centers totaling 26 acres, which are located to provide residents with neighborhood focal points and will contain 30,000 square feet of commercial. A 40 acre Activity Center Commercial site at the intersection of CR 951 and Immokalee Road will accommodate up to 50,000 square feet of office uses and 150,000 square feet of retail. This center will provide services to both residents of the DRI and the surrounding communities. The DRI will also include 45 holes of golf, 460 acres of recreation, open space, golf, buffers and lake, 863 acres of conservation and preservation areas, 190 acres of development lakes, 487 acres of recreation lakes, 71 acres of right -of -way, a 2.5 acre fire, sheriff and emergency medical station site, and a 5 acre general government site for future satellite county offices (see Master Development Plan). The proposed water management system has been designed to provide water quality enhancement and water storage for the Immokalee Road canal system by attenuating offsite flows through the project. This storage will provide relief for an overtaxed system. In addition, stormwater runoff will be allowed to traverse the property and rehydrate wetlands, as well as receive further treatment prior to entering the Cocohatchee Canal. Wastewater treatment and water supply is provided by Collier County Utilities. The project is planned to be constructed in one six -year phase, with project buildout in 2009. Based on the last monitoring report at total of 267 single family units, 694 multifamily units, 54 holes of golf, 35,278 square feet clubhouse; 882 square feet tennis pro shop; 1,972 square feet chickee bar; 7,986 square feet fitness center; and 5 tennis courts; one community pool and three satellite pools. While, The Quarry has 2 clubhouses and 2 community pools. When final site planning and permitting were conducted a conservation easement for 861 acres was placed over the land. Of the total units constructed 66 are considered affordable housing. Previous Chances There have been no previous changes to the Heritage Bay DRI. Attachment II shows the existing Master Development Plan for Heritage Bay DRI Proposed Changes On February 11, 2010 a Notice of Proposed Change (NOPC) was submitted to add a buildout date to the text in the development order. Incorporate the Chapter 380.06(19)(c) amendments for the automatic three (3) year and two year extensions approved by the legislature in 2007 and 2009, respectively for the development order expiration date and the buildout date. Furthermore, extend the development order expiration date and the buildout date by four (4) years and three hundred sixty -five (364) days, with the final result being that the new expiration date would be September 10, 2028 and the new buildout date would be December 30, 2019. Regional Staff Analysis . The proposed changes have no presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes. The statutory language in these sections is as follows. "An extension of 5 years or less is not a substantial deviation. Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof if applicable by a like period of time. In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, are extended for 3 years regardless of any prior extension. The 3 -year extension is not a substantial deviation, is not subject to further development -of- regional- impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection ". During the 2009 legislative session Section 14(1) of SB 360 was passed to provide in part as follows: "Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government- issued development order or building permit. The two -year extension also applies to build -out dates including any build -out date extension previously granted under s. 380.06(19)(c), Florida Statutes ". Character, Magnitude, Location No land use changes are proposed to the DRI therefore the character, magnitude and location of the DRI will not change. Regional Goals, Resources Or Facilities Because there are no land use changes and the law allows for these extensions cumulatively totaling 9 years 364 day as not being a substantial deviation regional goals will not change, and impacts on regional resources and facilities cannot be assessed for change. The development order did trigger an affordable housing condition that required a reanalysis of the affordable housing impacts if an extension was requested. However, the county housing development manager waved this requirement because his opinion is based, in part, on "the current real estate market and significant downward price adjustment since 2003. Home values in Collier County have declined 48.4% since the peak. Furthermore, 70.1% of homes sold in Collier County are now affordable to a family earning the local area median income. As such, there is no need to conduct a re- analysis of the affordable housing component of Heritage Bay during the NOPC process ". The SWFRPC staff concurs with waving this requirement. Multij urisdictional Issues No multijurisdictional issues will result from the proposed extensions. Need For Reassessment of The DRI There is no need to reassess the DRI as a result of the proposed changes. Acceptance of Proposed D.O. Language Regional staff recommends acceptance of the proposed development order amendment language on page 28, paragraph 4 as follows. This development order shall remain in effect for fifteen (15) years from the date it become final and effective until September 10, 2028. The buildout date for the development shall be December 30 2019 RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Community Affairs (DCA) and the applicant that the proposed changes do not create additional regional impacts and that Council participation at the local public hearing is not necessary, unless requested by the County for technical assistance purposes. 2. Request that Collier County provide a copy of any development order amendment related to the proposed changes to the SWFRPC in order to ensure that the amendment is consistent with the Notice of Proposed Change. 2011 -04 AGENDA ITEM 9 -C Coder County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 19, 2011 SUBJECT: PETITION SV- PL2010 -1995, WALMART SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: Walmart East, LP Agent: Mr. Todd Pressman P.O. Box 6015 Pressman & Associates, Inc. Palm Harbor, FL 34684 P.O. Box 6015 Palm Harbor, FL 34684 REQUESTED ACTION: The applicant is requesting a variance from Section 5.06.04.F.4. of the Land Development Code (LDC) concerning the number of permissible wall signs and granting a variance from Section 5.06.04.F.4.a. concerning the maximum sign display area. GEOGRAPHIC LOCATION: The subject property, a Walmart superstore, is located in the Westport Commerce Center PUD (Planned Unit Development) (Ordinance Number 05 -62) at 9885 Collier Boulevard (CR 951) in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The proposed sign variances will direct patrons of a Walmart superstore to specific retail areas of the store more easily from the Collier Boulevard (CR 951) road right -of -way, a heavily traveled arterial road. The three (3) additional signs are to be added to the Collier Boulevard building elevation and identify the Market, Home and Pharmacy, and Outdoor Living areas of the store. The existing " Walmart" " *" signs (in accordance with the Collier County Sign Code, " Walmart" is one sign, and the logo /graphic " *" is a second sign) are permitted under Sign Permit number 2010 - 12019. (Please refer to Wall Signage Elevation on the followingpage.) SV- PL2010 -1995 Page 1 of 8 Date Revised: 4 -25 -11 LOCATION MAP DAMS BOULEVARD S.R. 84 -- GREEN BLVD. PUD 3 2 BECK BOULEVARD ?? 20 DOLOENUN Z1 22 2J 24 1B TTE 315TA1E5 GOLDEN GATE rRAtT Z P.u. GIXDEN PATE GOLDEN DATE FWNOERS VILLAS PLAZA PARKWAY T N J PARKWAY ZONE PROMENApE (C.R. eeS) ASXLEYS SERMCE STATION GOLDEN DATE ESTATES UNIT 28 COLONADES AT SANTA UMBARA JACARANDA CITY 29 CENTER LL GOLDEN DATE ESTATES 28 FOU NDERS PLAZA 27 26 25 30 UNIT 30 PARKWAY PLACE (5) PARKWAY CENTER (S) TMCr L -x TIACI C-T AUGNOUA GOLDEN GATE E� BERKSHIRE LAKES (DRD HERON TAKES GONG (5) COMMERCE PARK CIRCLE ? SJ DCt S COLLIER BLVD. ME USE d7TCATE (ppl) INTERSTATE -TS SITE COMMERCE CEN ER 35 32 LOCATION 33 SHER. D 34 36 JS. WHITE LAKE GREEN PARK MDUSTRIAL PHI( BERKSHIRE LAKES HERON (DWI) ] 3r-' o FOREST CIEN OF NAPLES 3J r3 MIOA jALLIGATOR � A RA010 ROAD C.R. 058 C '" COMMERCIAL PLAZA Opl to 1wm ax x WOOD DE BWLiYARDER TOLL INTERSTATE EAST TS BERKSHIRE E TWELVE LANES WES T COIANERCIAL PLAZA CENTER R.V TELL PLAZA LAKES LAKES LYl BRPARNNE (DWI) CEN PARK (DRI) 5 BEMBRIDDE 3 x° 1 6 M DW xx 11 1J 1J Aer z -w Re xe SHgPES ESTATE / CEDAR m FOREDT GLEN 12 AT SANTA S XAMMOCI( w OF ZI PROJECT BARBARA � LOCATION Q C! 3 ! Z R[aWiRVE ) �p NAPLES HERITAGE m x f. I COM( NAPLES GOLF AND COUNTRY —1 ! ©y RRR e 1 PngUTY HERITAGE GOLF FOREST GLEN BOULEVARD � IA e ©� EA�y ! r8 FAWNO I I r/,oRNL RESER COUNTRY to LOLL- RATTLES N AKE Ay3 T WA1ER5 1II 1 CLUB N LES NATIONAL D1010 ( oM )(v ) R I II COVIOttUB 11 12 7 U iiI I I m I mACl HOMES OF ISLANOIA AVEN I II SHADOW - II WATERFORD WOOD ESTATES II (5) I.ASIP CONSERVATION AREA /R ✓ a 17 II NAPLES LAKES ASSEM TOLL- RATTLES MINIBLY STRIES (OM) (v) WE MMERA ON ROYAL WOODS II 16 COUNTRY CLUB 14 13 1B FY DOLpL MC CLUB IIHMYRITON G II 55 MANOALAY 15 D CENTER N WTNDSO .R. BRO McMULLEN LLL++j e RATTL HAKE HAMMO(CCK ROAD (P) SIEIRWA MA MOCK PARK CONIAERCE CENTRE LELY MEADOWS TOLL-RA AKE LELY PALMS CNAy aMCR (GRI) (P) COUNTRY COLLECEWOW =8 COLLEGE �N 18 20 (DIN) 21 21 24 LELY- A RESORT gIMUNITYf°0C () TOLL RATTIPSNAKC DRI) (P) BASAL PALM ROAD LOCATION MAP PETITION # SV - PL - 2010 - 1995 ZONING MAP DAMS BOULEVARD S.R. 84 -- 3 2 BECK BOULEVARD T rRAtT Z P.u. O T N J PD r 1- E BOULEVARD LL '� COMMERCIAL CENTER TMCr L -x TIACI C-T E� MC CIRCLE ? SJ DCt S A ° SITE LOCATION A RAC C x PUD ....... ....... ............................... ::.: WESTPORT COMMERCE CENTER; ::......'.. o FOREST CIEN OF NAPLES 3J r3 TT xG TRAm at C to 1wm ax x � b 0.l1 g BUSINESS CIRCLE x° TRACT m TRACT b 14' le w Jx x! xx 11 1J 1J Aer z -w Re xe m� xr 3 12 ]A m Q C! 3 ! Z iPACi 1 -tV �p EDAR MOC m x f. FP +! ! ©y e y a r' FOREST GLEN BOULEVARD � IA e ©� n to D1010 <S[ t + m ° T Tucr'o-fJ• to TeE S to 13 mACl ! is 1 ,e J a b LLL++j e PETITION # SV - PL - 2010 - 1995 ZONING MAP n n N AREA OF —Signs 3 & 4 ( "Walmart" is one sign; " *" is second sign) Sign 1 --7 Sign 2 614' -0" I 0l11 M Sign 5 SIGN PERMIT # 2010 -12019 Wall Signage Elevation NTS The first requested variance is from Section 5.06.04.F.4. of the Land Development Code (LDC) which allows three (3) wall signs for businesses such as this that are over 25,000 square feet to permit two (2) additional wall signs for a total of five (5) wall signs. The second requested variance is from Section 5.06.04.F.4.a. of the Land Development Code (LDC) which allows a maximum sign display area of 250 square feet to permit 350 square feet of sign display area. The five signs are described as follows and are depicted in the Wall Signage Elevation: Sign 1: "Outdoor Living" is approximately 50 square feet Sign 2: "Home and Pharmacy" is approximately 64 square feet Sign 3 and 4: "Walmart" and " *" are approximately 216 square feet Sign 5: "Market" is approximately 18.5 square feet. The above signage totals 348.5 feet. Staff is allowing for a small contingency factor and the request is for 350 square feet of sign display area. POWu�.... s " �....� i N, AERIAL PHOTO OF SUBJECT PROPERTY SV- PL2010 -1995 Page 4 of 8 Date Revised: 4 -21 -11 SURROUNDING LAND USE AND ZONING: North: a strip shopping center and parking lot, with a zoning designation of Westport Commerce Center PUD (Planned Unit Development) South: Business Circle road right -of -way, then a residential golf course community, with a zoning designation of Cedar Hammock PUD East: Collier Boulevard (CR 95 1) road right -of -way, then a residential golf course community with a zoning designation of Forest Glen of Naples PUD West: a lake, Business Circle road right -of -way, then a parking lot and strip shopping center with a zoning designation of Westport Commerce Center PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Mixed Use Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Westport Commerce Center PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria 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. The Walmart superstore is large; it is a nearly 5 acre building located on an approximately 25 acre site. The proposed signage will help to direct customers to the area of the superstore where they would like to shop. 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? No. There are no special conditions or circumstances in regards to the above criteria. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? SV- PL2010 -1995 Page 5 of 8 Date Revised: 4 -21 -11 No. However, the applicant contends that if a literal interpretation of the LDC provision is applied, the lack of signage would create inconveniences and burdens to the public. d. 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 and welfare? Yes. The purpose of the requested Sign Variance is to allow for additional wall signs that are otherwise not permissible by code. As previously stated, the additional wall signs would face a major arterial road, Collier Boulevard (CR 951). Furthermore, the additional signage granted by the proposed sign variance would aid patrons in identifying the area of the superstore that they wish to shop at. If the Condition of Approval recommended by Staff is followed, the reasonable use of land is possible. e. Will granting the variance 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. The granting of the Sign Variance request would allow for additional wall signs on the building facade that face towards the Collier Boulevard (CR 951) road right - of -way. This sign variance confers special privilege on the applicant. f. Will granting the variance 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. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staff's opinion, the request for the additional wall signs advances these objectives. SV- PL2010 -1995 Page 6 of 8 Date Revised: 4 -21 -11 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.? No. There are no natural or physically induced conditions. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV- PL2010 -1996 revised on April 27, 2011. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- PL- 2011 -1995 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval that have been incorporated into the attached resolution: 1. The additional wall signs are limited to the building facades facing towards Collier Boulevard (CR 951). SV- PL2010 -1995 Page 7 of 8 Date Revised: 4 -25 -11 PREPARED BY: NANCY U L CH, AICP, PRINCIPAL PLANNER GROW i ANAGEMENT DIVISION REVIEWED BY: RAYMO D V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION ,AILLIAM D. L NZ, Jr., ., DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: NICK''CASALANGUID, DTPUTY ADMINISTRATOR GROWTH MANAGEMENT DIVISION Aed ax(l 1 DATE DATE o, -Zi -aw DATE DATE Tentatively scheduled for the June 28, 2011, Board of County Commissioners Meeting SV- PL2010 -1995 Page 8 of 8 Date Revised: 4 -21 -11 AGENDA ITEM 9 -13 Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION — PLANNING & REGULATION HEARING DATE: MAY 19, 2011 SUBJECT: BD- PL2010 -1685, VANDERBILT BEACH BOAT DOCK EXTENSION PROPERTY OWNER/AGENT: Owner: Vanderbilt Beach LLC Agent: Mr. Tim Hall 11125 Gulf Shore Dr. # 301 Turrell, Hall & Associates, Inc. Naples, FL 34108 3584 Exchange Avenue Naples, FL 34104 REQUESTED ACTION: The petitioner is requesting an 86 -foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, which will allow construction of a boat docking facility protruding a total of 106 feet into a waterway that is 450 feet wide. GEOGRAPHIC LOCATION: The subject property is located at 9468 Gulf shore Drive, further described as Lot XIII, Block A and portions of Lots XI and XII, Block B, Unit No. 1, Conner's Vanderbilt Beach Estates Subdivision in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is zoned Residential Tourist (RT) and has been developed as a private club. There are two approved Conditional Uses for the property: Resolution number 98- 234 (Attachment A) and Resolution 2000 -300 (Attachment B). The purpose of the project is to construct a wood finger boat dock perpendicular to a 100 -foot long seawall shoreline Page 1 of 8 BD- 2010 -1685 May 4, 2011 WON RESEARCH NORTH rzCHNcL Y PARK LEE COUNTY CWNIPY CWB ]\ \L A—SON NLUOE COLI RLY 0.U8 c ARBWR MEDITERRA BAY B FOREST STERLING CLUB OAKS ^ 17 9 ME THE WATEROLADES RETREAT PLAZA am am EDEN B O ON THE BAY MEADOW BRDOK VILLAGE PLACE ARBOR TRACE ES 1 —-- - — - - -- — -- - - -- ElEMNB MEMORML BOULEVARD TCXEE SAY COCCHATCHEE BAY TARPON COVE LAVAIEMA PLAZA IMPERIAL SAFIDALMDOD LAKES C. LLA 18 US -41/ GMN5 C.R. 888 PARS ROAD 14 VROWNS 17 15 cASnEWOOo (f' LANE KRE AT IMPERIAL, MOOINS IMPERIAL INDUS IES OERIAMN BAY pUTOM TYE FACIVTY NfSt CCCWIATCHEE CCCOHATCHEE BAY R RNER TRUST TAMIAMI PROFESSIONAL O y CENTER VANDERBILT 21 I NORTH 23 NAPLES PIPER BLVD. 20 MLL15 + 22 NE�TN MEDICAL MEDICAL OFFICE THE iCMUER COLLIER CENTER BRB DUNCS v A Zt 'ACT u (DRI) SUpRBOF. pEVELOPMFNT NAPLESAIMOKALEE ROAD (C.R. MB) PARK VETERAN'S PARK COMMIXiS NORM- COYFNTILY -ANA A CR—MDE OTTREIEN 97ROERE SWABS ST. JDHN SHOPR B COMMERCE / PARK_ cExTFx PAN ^Y RAM'S LF5¢ui I 29 MLLAS ATHLIC CHURICH MARES P GAILY NEWS C RK MEDIC (S TER MEpCA1IS) VANDERBILT 28 27 26 MACH NAPLES STONEBRIDOE ESTATES PARK PROJECT LOCATION MARSH MRAUA PAMVON IDRI) E S PAMLION MEROATO PELICAN K V4NDERBIL7 MARSH u (DRQ O y 32 B BEACH ROAD 34 35 3 33 WALCREEN MARKER LAKE VILLAS VENETIAN 888 PLAZA a 3 � LfMWiIA GULF OF MEXICO C HEAVENLY U PELICAN BAY MONTEREY SLAKES (ma) PINE 5 DOE 2 YNRIAR (h 4 3 i uC�1YPx SLEEPY y Np10W xg� M(6'� RAL. AKLw�tN $8yF LFF�"EC KEYSTONE q PLACE R.N. UNITED 9 MEn1005T CHURCH 10 11 PINE AIR LAKES 111111 1 (DPI) LOCATION MAP CU© 24 19 20 21 22 23 24 25 26 VF R 23 25 V 78 LAGOON AVENUE I2E DALPI* BD 22 L 4 CONDO 17 16 15 14 13 12 11 21 23 O VILLAS 20 22 OF A BEACH 19 21 CONDO SCALA CASA GRAN E L pNOD 1a 20 ON VANDERBILT O ANDERBIL BD LAGOON E CH 7 1 0 0 10 16 RSF -3ST 17 RT- B 015 V 14 16 x1v SANDCASTLE gONBET BAY SITE xV CONDO X1V 5UN5ET BAY I, LOCATION 20 21 22 CONDO .., :.:. . is 19 0 ...!N :EAp u.:j ::;:'): �:M':::.....:... 17 OAK AVENUE . WL PONTS X R — XII CCNDO 16 15 14 13 12 %I ADMIRALTY B CONDO IX VB BEACH BEAC N� CONO x VIII N MI I GULF OF MEXICO Ix O ANDERSILT I i RSF -3ST R1 y{pR80UR NII O CLUB C�VI ' A VII B� RHpTE 151 ADO CONDO IV __ _. ____ _ - II LITTLE MERMAID V CONDO 4 P 11 -- ]e 3 e O V SOUTHBAY DRIVE 3T 3e 2 2D C ]9 1 AO gEAC a �1 7 e at D = 1XZ6 20 VI B �P)m 1I m C CENTER VANDERBILT B .10 t 1] STREE7 BEACH 1 2344e TBPEt I I• ROAD (C 86 862) I 1 to ZONING MAP PETITION # BD -PL- 2010 -1685 N that will facilitate six (6) vessels up to 30 feet in length. The proposed boat dock will be 5 feet wide and 106 feet long (as measured from the seawall/mean high water line (MHWL)) and projects into Vanderbilt Lagoon and will total 530± square feet in total area. The approved resolutions states: "Docks in connection with access via the Vanderbilt lagoon may not be used for the berthing or mooring of boats in excess of forty -eight (48) hours." This condition has been added to the Conditions of Approval in the subject boat dock extension Resolution. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Vanderbilt Beach Condominium, with a zoning designation of RT- VBRTO SURROUNDING: North: Sunset Bay Condominium, with a zoning designation of RT -VBRTO East: Vanderbilt Lagoon, then a single - family residence, with a zoning designation of RSF -3 South: Gulf Pointe Condominium, with a zoning designation of RT -VBRTO West: Gulf Shore Drive, then Vanderbilt Beach Condominium, with a zoning designation of RT -VBRTO BD- 2010 -1685 May 4, 2011 Page 3 of 8 Aerial Photo ENVIRONMENTAL EVALUATION: Environmental Services staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E)(11) (Manatee Protection) of the Collier County Land Development Code (LDC) is applicable to all multi -slip docking facilities with ten (10) or more slips. The proposed facility consists of six (6) boat slips and is therefore not subject to the provisions of this section. STAFF COMMENTS: The Collier County Planning Commission (CCPC) shall approve, approve w th conditions, or deny, a dock facility extension request based on the following criteria. Ii i order for the CCPC to approve this request, it must be determined that at least four of the five primary criteria and four of the six secondary criteria have been met. (The previous LDC addressed this situation in Section 2.6.21.3. That section was inadvertently omitted fr�m the current LDC. It will be incorporated into the LDC in an upcoming amendment in Se tion 5.03.06). Staff has reviewed this petition in accordance with Section 5.03.06 and finds the following: Page 4 of 8 BD- 2010 -1685 May 4, 2011 Primary Criteria Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single - family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. The proposed facility consists of six (6) boat slips, which is appropriate for the residentially zoned property which has an approved SDP (Site Development Plan) for 6 units. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. According to the drawings submitted by the petitioner, the water depth at MLT is not adequate to accommodate at least four (4) of the six (6) vessels described in the petitioner's application at mean low tide (0.4') without an extension. To accommodate all of the vessels, the dock has to be extended beyond the 20 feet allowed. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Criterion met. According to the information provided by the petitioner, the proposed dock will not have an adverse affect on navigation within the Vanderbilt lagoon waterway. The waterway is approximately 450 feet wide and the proposed dock protrudes approximately 106 feet or 24 percent into the waterway. This will leave 50 percent of the width of the waterway open to navigation. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Page 5 of 8 BD- 2010 -1685 May 4, 2011 Criterion met. As previously stated, the waterway is 450 feet and the proposed dock protrudes approximately 106 feet or 24 percent into the waterway. This will leave 50% of the width of the waterway open to navigation. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. According to the drawings and information submitted by the petitioner, the proposed facility will not interfere with the use of any neighboring dock facilities. Secondary Criteria 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. According to the drawings and information submitted by the petitioner, the neighboring dock facilities limit the design layout of the proposed dock facility. The proposed dock facility is the only design layout that would accommodate the six (6) vessels proposed, not extend past the allowable 25 percent protrusion mark, and also not interfere with the existing, surrounding dock facilities. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Criterion met. As shown on the drawings submitted by the petitioner, the 5 -foot wide finger pier is not excessive and allows for proper access to the vessel for loading /unloading and routine maintenance. 3. For single- family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion is not applicable. This is not a single - family dock facility. Page 6 of 8 BD- 2010 -1685 May 4, 2011 5 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. According to information submitted by the petitioner, the proposed dock facility will not impact the view of the neighboring property owners. The view of the adjacent property owners to the north and south are not impacted as there are existing docks along the Vanderbilt Lagoon. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(I) of the LDC must be demonstrated.) Criterion met. According to the information submitted by the petitioner, no seagrass beds are located within 200 feet of the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) Criterion met. As previously stated, the proposed six (6) boat slip dock facility is not subject to the manatee protection requirements. The requirements are applicable to all multi -slip docking facilities with ten (10) or more slips. Staff analysis indicates that the request meets four of the five primary criteria and all of the applicable secondary criteria. APPEAL OF BOAT DOCK EXTENSION TO BOARD OF ZONING APPEALS: As to any boat dock extension petition upon which the CCPC takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of Zoning Appeals. Such appeal shall be filed with the Growth Management Administrator within 30 days of the action by the CCPC. In the event that the petition has been approved by the CCPC, the applicant shall be advised that he /she proceeds with construction at his /her own risk during this 30 -day period. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for BD- 2010 -AR -1685 revised on May 4, 2011. —HFAC RECOMMENDATION: Based on the above findings, staff recommends that the CCPC approve Petition BD -2010- 1685. Page 7 of 8 BD- 2010 -1685 May 4, 2011 PREPARED BY: NANCY G NbL H, AICP, PRINCIPAL PLANNER 1DAfE DEPARTM * O LAND DEVELOPMENT SERVICES REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER DA DEPARTMENT OF LAND DEVELOPMENT SERVICES ��i •vZ.�Zc.i1 ILLIAM D. LO NZ J ., P.E., DIRECTOR DATE DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: NICK CASALANdUlf5A, DEPUTY AD IS ATOR DATE GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Resolution number 98 -234 Attachment B: Resolution 2000 -300 Page 8 of 8 BD- 2010 -1685 April 28, 2011