Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 04/12/2016 Item #17A
4/12/2016 17.A. EXECUTIVE SUMMARY This item requires that all participants be sworn in and exparte disclosure be provided by commission members. Recommendation to approve Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a general commercial with a Goodland Zoning Overlay (C-4- GZO) zoning district to a Village Residential with a Goodland Zoning Overlay (VR-GZO) zoning district for the project known as Goodland Rezone located in Block "Y", Goodland Isles subdivision in Section 18, Township 52 South, Range 27 East, Collier County, Florida, consisting of 1.36± acres; providing for repeal of Resolution No. 93-549, a conditional use for boat storage and sales and by providing an effective date IRZ-PL201500009011. OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Rezone (PUDZ) petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner, a residential homeowner near this property, would like to rezone the underlying zoning of C-4, General Commercial, to Village Residential (VR), which allows for less intense uses of single-family and multi-family dwellings, duplexes, mobile homes, family care facilities, and educational plants. Village Residential (VR) allows building heights up to 35 feet. However, the Goodland Zoning Overlay District allows building heights up to 45 feet,but no more than 2 levels for single-family and mobile home dwellings. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Packet Page -2337- 4/12/2016 17.A. GROWTH MANAGEMENT IMPACT_ Planning staff finds the proposed rezone consistent with the FLUE (Future Land Use Element). COLLIER COUNTY PLANNING (CCPC) RECOMMENDATION: The CCPC heard this petition on March 3, 2016, and found that the criteria of Section 10.02.08.F and 10.02.13.B.5 were met. A motion was made by Commissioner Solis, seconded by Commissioner Homiak, and a vote was unanimously approved (7 to 0). The CCPC forwarded this petition to the BCC with a recommendation of approval of the attached Rezone Ordinance with the following changes: 1. Change the acreage for the rezone from 1.7 acres to 1.36 acres. No correspondence in opposition to this petition has been received; no one spoke at the CCPC hearing in opposition to the project. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from a General Commercial with a Goodland Zoning Overlay Zoning District to Village Residential with a Goodland Zoning Overlay Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff,to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because Packet Page-2338- 4/12/2016 17.A. of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: 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. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? This item has been approved as to form and legality, and it requires an affirmative vote of four for Board approval.--HFAC RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board approves the request for RZ-PL201500000901, Goodland Rezone (RZ). Packet Page -2339- 4/12/2016 17.A. Prepared By: Daniel James Smith, AICP, Principal Planner, Zoning Division, Growth Management Department Attachments: 1. Staff Report 2:, Ordinance 3. Back-up information- Hyperlink below http://apps3.colliergov.net/agenda/ftp/2016BCCMeetings/AgendaApri11216/GrowthMgmt/Good land Rezone Backup.pdf 4. Legal Advertisement Packet Page -2340- 4/12/2016 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. Item Summary: This item requires that all participants be sworn in and exparte disclosure be provided by commission members. Recommendation to approve Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a general commercial with a Goodland Zoning Overlay (C-4-GZO) zoning district to a Village Residential with a Goodland Zoning Overlay (VR-GZO) zoning district for the project known as Goodland Rezone located in Block "Y", Goodland Isles subdivision in Section 18,Township 52 South, Range 27 East, Collier County, Florida, consisting of 1.36± acres; providing for repeal of Resolution No. 93-549, a conditional use for boat storage and sales and by providing an effective date [RZ-PL20150000901]. Meeting Date: 4/12/2016 Prepared By Name: SmithDaniel Title:Planner,Principal,Zoning 3/7/2016 11:31:22 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 3/11/2016 11:00:10 AM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/11/2016 11:00:58 AM Name: BosiMichael Title: Division Director-Planning and Zoning,Zoning Date: 3/14/2016 9:16:13 AM Name: BellowsRay Title: Manager-Planning,Zoning Packet Page -2341- 4/12/2016 17.A. Date: 3/15/2016 4:51:29 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/21/2016 9:06:18 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 3/22/2016 3:36:53 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/24/2016 8:24:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/28/2016 10:56:37 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/2/2016 1:05:22 PM Packet Page -2342- 4/12/2016 17.A. AGENDA ITEM 9-C Coth, er County • STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES—ZONING DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 3, 2016 RE: RZ-PL20150000901: GOODLAND REZONE Applicant: Agents: James Inglis John Podczerwinsky, Fred Hood 300 International Parkway Davidson Engineering, Suite 201 Sunrise,FL 33325 Naples,FL 34104 Owner: Pelican Point at Goodland, LLC REQUESTED ACTION: The applicant is petitioning the Collier County Planning Commission (CCPC) to consider an application amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a general commercial with a Goodland Zoning Overlay (C-4-GZO) zoning district to a Village Residential with a Goodland Zoning Overlay (VR-GZO) zoning district for the project known as Goodland Rezone; providing for repeal of Resolution No. 93-549, a conditional use for boat storage and sales and by providing an effective date. GEOGRAPHIC LOCATION: The subject property is located in Block "Y", Goodland Isles subdivision in Section 18, Township 52 South, Range 27 East, Collier County, Florida, at the east end of Palm Avenue. (See location map on the following page.) RZ-PL20150000901 —Goodland Rezone Page 1 of 15 March 3,2016 CCPC Hearing Packet Page-2343- 4/12/2016 17.A. 2 W 7_- h %k- in- ■ O _x � Ilkiik F},9 SON SSda � r t 4 « CS nomad a ° .,„‘ d. d } III color0 n HO 0© e a N �r1 - v 0©2 0© ; a` a D r 1_s YtiYdYd I�' ,P® 0 iii f , ''' li wtsi lv° ® 00Ales d N v v ��� i:0 J Q. 1. Z o 9 '_ w g �— a g,C ¢U a .y IIIA v. CL illOW E Z 8 Spy, ) 0 j H —____ (to Ir.$) n iii . OM ramAsm V 11 -`,„F RZ-PL20150000901 —Goodland Rezone Page 2 of 15 March 3,2016 CCPC Hearing Packet Page -2344- 4/12/2016 17.A. PURPOSE/DESCRIPTION OF PROJECT: The subject property, consisting of 1.70± acres,has a zoning designation of General Commercial District (C-4), with a maximum building height of 75 feet. This zone allows for uses that attract large segments of population and diverse types of commercial activity. The previous use was a '! waste treatment facility for Coon Key Fishing Village Condominiums south of the property. The waste treatment facility is no longer in use. However an easement still remains along the front of the property. On November 23, 1993, a Conditional Use was granted for "Boat Sales and Storage" on the property. This property is also part of the Goodland Zoning Overlay District (GZO), which is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. This application does not intend on amending this overlay and the conditional use for boat sales and storage would be repealed. The applicant, a residential homeowner near this property, would like to rezone the underlying zone to Village Residential (VR), which allows for less intense uses of single-family and multi- family dwellings, duplexes,mobile homes, family care facilities,and educational plants. VR uses also allow for building heights not to exceed 35 feet. However, the GZO allows for building heights up to 45 feet, but no more than 2 levels for single-family and mobile home dwellings. Minimum setbacks are: -20 feet front yard for single-family dwellings and mobile-homes, with a rear yard setback of 20 feet along the water. - 35 feet front yard for duplex and multi-family dwellings, with a rear yard setback of 30 feet along the water. -Side yard setbacks, when the property abuts the water, is 10 feet for single family and mobile home dwellings, and 15 feet for duplexes and multi-family dwellings. All lots would have water frontage at the rear of the parcels, and street frontage along a proposed Viewpoint Pass Road, connecting to Palm Avenue. Landscape buffers would be required per the Land Development Code(LDC). SURROUNDING LAND USE AND ZONING(Subject Property-General Commercial C-4) North: Water frontage (canal) with mobile,multi-family, and single-family homes across the canal with a zoning designation of VR(Density SF/MH=7.26, DP= 8.71,MF=14.52 per acre). East: Water frontage(Gulf/Mangroves), Big Cypress Area of Critical State Concern Overlay Zone(ACSC/ST). RZ-PL20150000901 —Goodland Rezone Page 3 of 15 March 3, 2016 CCPC Hearing Packet Page-2345- 4/12/2016 17.A. South: Non-conforming multi-family use with a zoning designation of C-4-GZO (Coon Key Pass Fishing Village). West: Single-family and mobile homes with a zoning designation of VR(Density SF/MH=7.25,DP=8.71,MF=14.52 per acre). Palm Avenue. 1t 1 �111 c. M;tnY1 AV F 490; lUG 402; 50st 2'7 v 1,7, •�. �07�,`,. ��nili 500J J 30 2r �:G r,,s > F ' 1 6 "0, 5 U 16� � 11 512 SO CU (341 6°J) G (.,( u It 29,i[ i ti23 ,, s : r > ;I. ai i Il G10 t5 2 616,6 4, �2 ,20 126 62' 672'620 ,0a C.(),1 ',11IR Pt fl‘_, c, unit nLD912 OUmt PI-DC''4 � 5a, tea: Location Map—property depictions are approximate RZ-PL20150000901 —Goodland Rezone Page 4 of 15 March 3,2016 CCPC Hearing Packet Page -2346- 4/12/2016 17.A. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is located within the Urban designated area(Urban Coastal Fringe Sub-district), and is within the Coastal High Hazard Area(CHHA)— all as identified on the County-wide Future Land Use Map. In order to facilitate hurricane evacuation and to protect environmentally sensitive areas, residential densities within the Urban Coastal Fringe Sub-district shall not exceed a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 dwelling units per acre (DU/A) through provision of Affordable Housing and Transfers of Development Rights. This project does not propose either of those two exceptions. Because the project lies within the CHHA, one dwelling unit per gross acre shall be subtracted from the eligible base density of four dwelling units per acre. The subject site is zoned commercial and identified on the Future Land Use Map series as "consistent by policy," so it is eligible for the Conversion of Commercial Zoning density bonus up to the density cap of 4 DU/A. See density calculation below: 4 DU/A Base density -1 DU/A CHHA reduction +1 DU/A Conversion of Commercial Zoning bonus 4 DU/A maximum eligible density or 7 DUs(4 DU/A x 1.7 acres=6.8 DUs or 7 DUs) The CHHA Overlay reads, in relevant part, as follows: "Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the Coastal High Hazard Area (CHHA). The CHHA boundary is generally depicted on the Future Land Use Map and is more precisely shown in the Future Land Use Map series; all lands lying seaward of that boundary are within the CHHA. New rezones to permit mobile home development shall not be allowed within the CHHA." The purpose and intent of the Village Residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile,relatively small building footprints as is the current appearance of Goodland and Copeland. The Goodland Zoning Overlay District (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The maximum density permissible in the VR zoning district is guided, in part, by the Density Rating System contained in the FLUE—with the Goodland Zoning Overlay district allowing the density in the underlying VR district. The VR district provides for a range of densities and housing types, including mobile homes. LDC standards allow a maximum density of 7.26 DU/A for single-family residences or mobile homes; 8.71 DU/A for duplexes; and 14.52 DU/A for multi-family residences. According to rezone petition Attachment B, the petitioner is proposing development of single-family residences only(first, fourth, sixth and seventh pages), and there would be either five DUs (2.94 DU/A) or six DUs (3.53 DU/A)—six DUs is stated on first page, five DUs is stated on fourth and sixth pages as well as depicted on the conceptual site plan. In order to be found consistent with RZ-PL20150000901 —Goodland Rezone Packet Page -2347- Page 5 of 15 March 3, 2016 CCPC Hearing 4/12/2016 17.A. the FLUE, the density limitation of 4 DU/A, and prohibition of mobile home development, must be a conditions of rezone approval. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area (Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety). In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects,where applicable. Each policy is followed by staff analysis in bold text. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects,where applicable. 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 relatively small subject site fronts a local street only so this Policy does not apply.] 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. [Given the property size, location, and land use proposed, conformance with this Policy is 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 relatively small subject site is proposed to develop with lots fronting an existing local street to the west and backing the shoreline along two waterways to the north and east. Adjacent lots (to the south) are already developed. Providing an interconnection to the south 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. [No deviations are requested to open space or sidewalk requirements, so open space and sidewalks must be provided per the LDC. Given the size and land use proposed, the remainder of these development attributes would not apply.] Conclusion: Based upon the above analysis, the proposed rezone may be deemed consistent with the FLUE subject to the following conditions: RZ-PL20150000901 —Goodland Rezone Packet Page -2348- Page 6 of 15 March 3,2016 CCPC Hearing 4/12/2016 17.A. 1. Mobile home development is prohibited. 2. The maximum allowable density is 4 dwelling units per acre-typically denoted in the ordinance as"VR(4)". Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan,which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2%of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3%of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " The proposed development will generate a projected +/- 13 AM peak hour and +/- 7 PM, peak direction trips on the adjacent local roadway,Palm Street. Additionally the TIS indicates that the development is approximately 7.69 miles from the nearest concurrency link which is US 41. As such the impacts from the proposed development are limited and in combination with the agent's choice to calculate the trip generation based on net new trips without consideration of the currently allowed Commercial C-4 uses, results in a TIS calculation that in actuality overstates the traffic impacts for this proposed rezone. Staff reviewed the TIS provided and confirmed that the 2014 AUIR evaluation remains valid when using the current 2015 AUIR service volumes. Therefore, staff finds that the proposed project does not significantly impact adjacent roadway links, there is sufficient capacity to accommodate this Rezone request within the 5-year transportation planning period and the petition is consistent with the applicable policies of the transportation element. RZ-PL20150000901 —Goodiand Rezone Packet Page -2349- Page 7 of 15 March 3,2016 CCPC Hearing 4/12/2016 17.A. N Conservation and Coastal Management Element (CCME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). I' GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of {j consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the �I FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County Growth Management Plan as discussed above. The proposed amendment is consistent with the GMP Transportation Element as previously discussed. Environmental staff also recommends that the petition be found consistent with the CCME. Therefore, Zoning Services staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP if the conditions recommended by staff are adopted as part of any approval. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the amendment request. An evaluation relative to these subsections is discussed below, under the heading"Zoning Services Analysis."In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. This project does not require an Environmental Advisory Council Board (EAC) review since the project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. Soil testing in accordance with LDC Section 3.08.00 A.4.d.ii is not required. The former sewer lift station on site is not considered a generator of hazardous products or hazardous wastes pursuant to this section of the LDC. Transportation Review: Transportation Department staff has reviewed the petition for compliance with the GMP and the LDC and is recommending approval. Staff notes that primary access for the development will be from Palm Street. The roadway infrastructure has adequate capacity to serve the project at this time. In addition, the development must comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) or Subdivision Platting(PPL)review. Zoning Services Review: As noted previously, because this petition is seeking a rezone to a "conventional" zoning district, i.e., not a PUD, there is no site plan associated with it but a conceptual drawing on the property being split into four separate lots with one lot being an RZ-PL20150000901 -.Goodland Rezone Page 8 of 15 Packet Page -2350- March 3, 2016 CCPC Hearing 4/12/2016 17.A. ''r access to Palm Avenue. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. There has to be a balance between the adjacent existing uses and what is allowable by the GMP. LDC Section 2.03.03.D described the current C-4 zoning as follows: General Commercial District(C-4). The general commercial district(C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. To contrast, LDC Section 2.03.02.F described the proposed Village Residential zoning as follows: Village Residential District (VR). The purpose and intent of the village residential district (VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, relatively small building footprints as is the current appearance of Goodland. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. The chart below compares the site development criteria of the existing C-4 zoning district and the proposed VR-Single Family zoning district using the more relaxed Goodland Zoning Overlay District development standards. RZ-PL20150000901 —Goodland Rezone Packet Page -2351- Page 9 of 15 March 3,2016 CCPC Hearing 4/12/2016 17.A. Excerpts from LDC Site Design Standards Tables for Most Waterfront Principal Uses (LDC Section 4.02.01.A) Laot Area, Building Front rd ale yard Rea t Yard (e uare Lot Width Height Zoning District Setback Setback Setback t1 Maximum 50%of BH 50% BH 50% BH 10,000 100 75 C-4 <25 feet <15 feet < 15 feet VR Single Family 10 10 20 4,275 sf. 45 45 AU numbers shown are the required minimum amounts All numbers shown are in feet unless otherwise noted BH = building height = equal to but not less than The table and its footnotes show the rezoning to the VR zoning district will significantly reduce the possible impact on adjacent land. If a 75 foot tall structure were constructed in the currently zoned C-4 zoning district, the character as it relates to the adjacent mobile, single-family, and multi-family homes would be diminished due to the lack of a transition zone between the commercial and the residential use properties. Although the property to the south is zoned C-4, the use is a non-conforming (Coon. Key Pass Fishing Village) single story - multi-family structure on piers with parking below. The LDC would require a transitional fifteen (15) foot Type B buffer between the VR and C-4 zones. The site also required a waiver from the Archaeological Survey and Assessment Board which was heard on January 20th. Recommendations were made for on-site monitoring during all excavation of material. FINDINGS OF FACT: Rezone Findings: LDC Subsection 10.03.051 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" (Staff's 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. The zoning analysis provides an in-depth review of the proposed project. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element of the GMP. Therefore, staff recommends that this petition be deemed consistent with the overall GMP. RZ-PL20150000901 —Goodland Rezone Page 10 of 15 Packet Page -2352- March 3,2016 CCPC Hearing 4/12/2016 17.A. 2. The existing land use pattern. Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Since a majority of the properties in Goodland are zoned residential (VR, RSF -4), staff believes the proposed rezone is appropriate given the existing land use pattern, and development restrictions of the LDC. 3. The P ossible creation of an isolated district unrelated to adjacent and nearby districts. As noted in the "Surrounding Land Use and Zoning" and the zoning review analysis portions of this report there is abutting VR zoned lands thus approval of this rezone would not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries will be logically drawn given the current property ownership boundaries. This parcel mirrors the depth of the non-conforming(C-4) use parcel to the south. S. Whether changed or changing conditions make the passage of the proposed rezoning necessary. -The proposed rezone is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek the rezone to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed rezone can be deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the applicable LDC requirements should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project. Transportation staff has reviewed the petition and believes the petition can be deemed consistent with the Transportation Element of the GMP. 8. Whether the proposed change will create a drainage problem. The proposed rezone should not create drainage or surface water problems. The developer of any uses will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate RZ-PL20150000901—Goodland Rezone Packet Page -2353- Page 11 of 15 March 3,2016 CCPC Hearing 4/12/2016 17.A. construction on site. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; If this petition is approved, any subsequent development would need to comply with the applicable LDC standards for development. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results,which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone complies with the Growth Management Plan,which is a public policy - statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes, with the proposed conditions, the rezone meets the intent of the VR zoning district, and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The parcel has been vacant for some time and once was a waste processing utility for residential structure to the south. Access to the site is through an established residential neighborhood. The proposed rezone is only a continuance of this established neighborhood. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards of the LDC will ensure that the project is not out of scale with the needs of the community. RZ-PL20150000901 —Goodland Rezone Page 12 of 15 Packet Page -2354- March 3, 2016 CCPC Hearing 4/12/2016 17.A. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. 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. Additional development anticipated by the rezone would not require considerable site alteration. This project will undergo an extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted. Further review of this issue will occur when platting or site development approvals are sought. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): The NIM meeting was duly noticed by the applicant and held on November 9, 2015 at 5:00 pm at the Marco Island Library (See NIM notes attachment B). Those attending were Collier County Principal Planner Daniel J. Smith; and, representatives of the petitioner and the petitioner's agents. Seven(7)interested citizens attended with questions regarding: 1. Size (square feet),type, and height of proposed structures. 2. Setbacks from the water and the road. 3. Number of lots proposed. 4. Size of the canal to the north and if boat docks are proposed. 5. The Conditional Use for"boat sales and storage." 6. The possible developer building the homes. RZ-PL20150000901 —Goodland Rezone Packet Page -2355- Page 13 of 15 March 3,2016 CCPC Hearing 4/12/2016 17.A. is COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on January 27, 2016. RECOMMENDATION: Zoning Division staff recommends that the Collier County Planning Commission forward Petition RZ-PL20150000901 to the BCC with a recommendation of approval with the following stipulations: 1. Mobile home development is prohibited. Although mobile homes are allowed in VR zones, "new" mobile homes are prohibited because new rezones to permit mobile home development are not allowed within the "Coastal High Hazard Area" per the Growth Management Plan. 2. The maximum allowable density is 4 dwelling units per acre-typically denoted in the ordinance as"VR(4)". 3. Archaeological monitoring on site by a Registered or Certified Professional Archaeologist shall be required during any excavation activity per the Historical/Archaeolical Preservation Board. Attachments: A: Ordinance B: NIM Summary RZ-PL20150000901—Goodland Rezone Page 14 of 15 March 3,2016 CCPC Hearing Packet Page 2356 4/12/2016 17.A. PREPARED BY: \ J r/ ( /aq )1 (4, i DANIEL JAMES SIWIITH AICP DATE PRINCIPAL PLANNER ZONING DIVISION REVIEWED BY: ' 6.7: 073f1.- i 2, i RAYMO1 D V. BELLOWS, ZONING MANAGER DATE ZONIN •IVISION MIKE BOSI, AICP,DIRECTOR DATE -ZONING DIVISION APPROVED BY: � � a. A 04 Alif OP /,fir'' ES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT ( __,E/'/ fJ/ DAVID S.WILKISON,P.E. DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT RZ-PL20150000901 —Goodland Rezone Page 15 of 15 February 16,2016 CCPC Hearing Packet Page-2357- Revised: 1/29/16 4/12/2016 17.A. ORDINANCE NO. 16- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL WITH A GOODLAND ZONING OVERLAY (C-4-GZO) ZONING DISTRICT TO A VILLAGE RESIDENTIAL WITH A GOODLAND ZONING OVERLAY (VR-GZO) ZONING DISTRICT FOR THE PROJECT KNOWN AS GOODLAND REZONE LOCATED IN BLOCK "Y", GOODLAND ISLES SUBDIVISION IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.36± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NO. 93-549, A CONDITIONAL USE FOR BOAT STORAGE AND SALES AND BY PROVIDING AN EFFECTIVE DATE. [RZ-PL20150000901] WHEREAS, Fred Hood, AICP of Davidson Engineering, Inc. representing James Inglis petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the real property more particularly described in Exhibit A, located in Section 18, Township 52 South, Range 27 East, Collier County, Florida is changed from a C-4-GZO zoning district to a VR-GZO zoning district for a 1.36± acre project to be known as Goodland Rezone, subject to the conditions shown in Exhibit B. Exhibits A and B are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Resolution No. 93-549 Resolution No. 93-549 is hereby repealed. 115-CPS-01460/1242304/11 42 Goodland—12Z-P1,20150000901 1 of 2 3/3/16 Packet Page-2358- 4/12/2016 17.A. SECTION THREE: 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 day of , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: N Heidi Ashton-Cicko Managing Assistant County attorney Attachment: Exhibit A—Legal Description Exhibit B—Conditions of Approval [15-CPS-01460/1242304/1)42 Goodland—RZ-PL20150000901 2 of 2 3/3/16 Packet Page -2359- 4/12/2016 17.A. LEGAL DESCRIPTION The upland portion of a I :, 'I of land lying in t` t ', : Y,Goodland Isles, according to the Plat the • a® ecorded in Plat : ' ; ■ .ge 7,Public Records of Collier County, Florida. 4,, C Beginning at the Southeast corner o 000dland Isles,First Addition,as recorded in Plat Book 8, Page 1, Public Records of Collier County, Florida; thence South 16 degrees 06' 17" West 64.00 feet to the point of curvature of a circular curve concave to the Northwest having a radius of 50.00 feet; thence along the arc of said curve to the right for a distance of 23.21 feet thru a central angle of 26 degrees 35' 42"; thence South 15 degrees 44' 47" East 27.88 feet; thence South 16 degrees 06' 17" West 94.03 feet; thence South 55 degrees 38' 23" East 216.47 feet; thence North 16 degrees 06' 17" East 295.43 feet to the point of curvature of a circular curve concave to the Southwest having a radius of 100.00 feet; thence along the arc of said curve to the left for a distance of 181.41 feet thru a central angle of 104 degrees 00'00"; thence North 87 degrees 53'43" West 117.28 feet;thence South 02 degrees 06' 17"West 95.00 feet to the Place of Beginning. Subject to restrictions, reservations and easements of record and taxes for the year 2011 and subsequent years. Tax Folio Number: 46372960405 EXHIBIT A Packet Page -2360- 4/12/2016 17.A. Exhibit B Conditions of Approval 1. Mobile home development is prohibited. Although mobile homes are allowed in VR zones, new mobile homes are not allowed within the "Coastal High Hazard Area" per the Growth Management Plan. 2. The maximum allowable density is 4 dwelling units per acre-typically denoted on the zoning maps as"VR(4)". 3. Archaeological monitoring on site by a Registered Professional Archaeologist (RPA) shall be required during any excavation activity, as recommended by the Historical/Archaeological Preservation Board. [15-CPS-01460/1237541/1] Packet Page -2361- 4/12/2016 17.A.NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, April, 12, 2016 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: ANORDINANCEOFTHEBOARD OFCOUNTYCOMMISSIONERS Of COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR m MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL WiTH A GOODLAND ZONING OVERLAY(C-4- GZO)ZONING DISTRICT TO A VILLAGE RESIDENTIAL WITH A GOODLAND ZONING OVERLAY(VR-GZO)ZONING DISTRICT FOR THE PROJECT KNOWN AS GOODLAND REZONE LOCATED IN BLOCK "Y", GOODLAND ISLES SUBDIVISION IN SECTION 18, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 1.36*ACRES; -n PROVIDING FOR REPEAL OF RESOLUTION NO. 93-549, A a CONDITIONAL USE FOR BOAT STORAGE AND SALES AND BY PROVIDING AN EFFECTIVE DATE.[RZ-PL20150000901] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are c) invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be ° limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. A if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. t0 Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision bf the Board 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 based. If you are a person with adisabilitywho needsany accommodation in order to participate in this proceeding, you are entitled,At no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA DONNA FIALA,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) March 25,2016 No.1005079 Packet Page -2362- CCPC HEARING PACKET PL20150000901 Residential Rezone Application THIS CCPC PACKET CONTAINS: 1) Application Cover Letter 2) Application 3) Pre -App Notes 4) Project Narrative 5) Deed 6) Survey 7) Concept Plan 8) List of Owners 9) Affidavit 10) Addressing Check List 11) Environmental Report 12) FLUCCS Map 13) Historic Waiver Application 14) Traffic Analysis 15) School Impact Statement 16) Lift Station Close Out Documents 17) Proof of NIM Newspaper Ad 18) NIM Letter to Surrounding Owners 19) NIM Sign in Sheet 20) Memorandum on NIM 21) Rezone Sign Proof Sheet 22) Rezone Sign Photo COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY July 24, 2015 Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 CECI Group Services Civil Engineering Planning Services Survey & Mapping Coastal Engineering Environmental Services Website: www.coastalengineering.com Re: PL20150000901; Residential Rezone Application 613 Palm Ave., Goodland, FL; Collier County Parcel No: 46372960405 1.7 acres lying in Tract 2, Block Y of Goodland Isles, First Addition CEC File No. 15.015 Dear Intake Team: Attached is an application with the required exhibits, along with the requisite number of copies for a residential rezone on behalf of the property owner of the above mentioned property. Also, the requisite filing fee of $8,818 is attached according to the County's fee schedule: Rezone Petition Application Fee ($6,000 + $25.00/ acre x 1.7 acres) _ $ 6,043.00 Comprehensive Planning Consistency Review = $ 750.00 Listed/Protected Species Survey = $ 1,000.00 Fire Review Fee = $ 100.00 Estimated Legal Advertising Fees CCPC = $ 925.00 BCC = $ 500.00 Pre - Application Credit (within 9 months) _ ($ 500.00) TOTAL $ 8,818.00 If you have any questions, please do not hesitate to contact me at (239)643 -2324, x134. Sincerely, COAST ENGINEERING CONSULTANTS, INC. -' �.�-- Robert A. Andrea Planning Consultant 3106 So. Horseshoe Drive, Naples, Florida 34104 * Phone (239) 643 -2324 Fax (239) 643 -1143 * E -mail: infoAcecifl.com SERVIA -G FLORIDA SINCE 1977 Go *.r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 STANDARD REZONE APPLICATION LDC Section 10.02.08 Chapter 3 H. of the Administrative Code PROJECT NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Applicant(s): James Inglis Address: 300 International Pkwy. City: Sunrise Telephone: 954 - 453 -8101 Cell: 954-336-0862 j.inglis @hydraulic - supply.com E -Mail Address Name of Agent: Fred Hood Firm: Davidson Engineering, Inc. Address: 4365 Radio Road, Suite #201 Telephone: 239 - 434 -6060 Cell: State: FL ZIP: 33325 Fax: 954- 453 -5380 City: Naples State: FL ZIP: 34104 Fax: 239- 434 -6084 E -Mail Address: Fred @davidsonengineering.com PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application, if space is inadequate, attach on separate page: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre - application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range: 18 & 19 52 / 27 Lot: Tract 2 Block: Y Subdivision: Goodland Isles Plat Book: 8 Page #: 1 Property I.D. Number: 46372960405 See Attached Legal Description Metes & Bounds Description: 6/3/2014 Page 1 of 10 Co *rr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 Size of Property: ft. x ft. = Total Sq. Ft. Acres: 1.70 +/- Address/ General Location of Subject Property: 613 Palm Ave. East ADJACENT ZONING AND LAND USE If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Section /Township /Range: Plat Book: Page #: Property I.D. Number: Lot: Block: Subdivision: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from: C -4 -GZO Zoning district(s) to the VR -GZO zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the subject property: Residential Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 6/3/2014 Page 2 of 10 Zoning Land Use N VR -GZO Residential S C -4 -GZO Commercial /Residential E ACSC /ST Water W VR -GZO Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Section /Township /Range: Plat Book: Page #: Property I.D. Number: Lot: Block: Subdivision: Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from: C -4 -GZO Zoning district(s) to the VR -GZO zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the subject property: Residential Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. 6/3/2014 Page 2 of 10 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 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: f 9. Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or II I1U=1 z:1, 11 d L,UI PUI dLIU11, L/d1 a 1C[ ]1111.), UI LI UAL. Name and Address Date subject property acquired 10 -24 -2011 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date: or 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. 6/3/2014 Page 4 of 10 Coiber county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coiliergov.net (239) 252 -2400 FAX: (239) 252 -6358 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended]. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? There have been no public hearings held on this property within the last year. 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 0 No if so please provide copies. 6/3/2014 Page 6 of 10 Co *IY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239) 252 -2400 FAX: (239) 252 -6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. On site septic system will be used. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 H. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 6/3/2014 Page 8 of 10 Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliereov.net (239) 252 -2400 FAX: (239) 252 -6358 Planners: Indicate if the petition needs to be routed to the following additional reviewers: F] Bayshore /Gateway Triangle Redevelopment: Executive Director ❑■ Historical Review ❑ City of Naples: Robin Singer, Planning Director Immokalee Water /Sewer District: ❑ Conservancy of SWFL: Nichole Ryan F1 Parks and Recreation: Vicky Ahmad ❑ Emergency Management: Dan Summers; and /or EMS: Artie Bay x❑ School District (Residential Components): Amy Heartlock Other: ❑ Other: FEE REQUIREMENTS ❑ Pre - Application Meeting: $500.00 (Applications submitted 9 months or more after the date of the last pre - application meeting shall not be credited towards application fees and a new pre - application meeting will be required) ❑ Rezone Petition (regular): $6,000.00 plus $25.00 an acre (or fraction thereof) o Additional Fee for SO and subsequent reviews: 20% of original fee ❑ Comprehensive Planning Consistency Review: $750.00 ❑ Listed /Protected Species Survey: $1,000.00 ❑ Estimated Legal Advertising: • CCPC- $925.00 • BCC- $500.00 ❑ Transportation Fee: o Methodology Review: $500.00 (Additional fees to be determined at Methodology meeting) ❑ School Concurrency Review: If required, to be determined by the School District incoordination with the County All checks payable to: Board of County Commissioners The completed application, all required submittal materials and fees shall be submitted to: Growth Management Division /Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 6/3/2014 Page 10 of 10 g- n Gof key aa-qy Pre - Application Meeting Notes Petition Type:_ 4&W and Time: Tuesday April 21, 2015 at 3PM Assigned Planner: FTed Reischl Engineering Manager (for PPL's and FP's): Project Information r'7 Project Name:���Gi� ��� i1 CZ casUL� PL #: 20150000901 Property ID #: 4637296045 Project Address: 613 Palm Av E Current Zoning: C -4 -GZO City: Naples State: FL Zip: 34140 Applicant: Coastal Engineering Agent Name: Robert Andrea Ib Phone: 643 -2324 x134 Agent /Firm Address: South Horseshoe Dr city. Naples state: FL Property Owner: Pelican Point at Goodiand, LLC Please provide the following, if applicable: I. Total Acreage: 1.68 ii. Proposed H of Residential Units: iii. Proposed Commercial Square Footage: IV. Far Amendments, indicate the original petition number: Zip: 34104 V. if there is an ordinznce or Resolution associated with this project, please indicate the type and number: 93 -549 CU for Boat Storage & Sales Vi tf the project is within a flat, provide the name and AR# /PL##: A portion of undivided Block Y, Goodland Isles PB 6 PG 7 k(tv 4 117ia Codex county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net {239) 252 -2400 FAX: (239) 232 -6359 pre - Application Meeting and Final Submittal Requirement Checklist for. Standard Rezone Chapter 3 H. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre- ADDilcation Meetine and at time application submittal. At time of submittal, the checklist Is to be completed and submitted with the application packet. Please provide the submittal items In the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Cam feted pllcation (download current farm from County website) 20 [v]' Pre - Application meeting notes 20 Project Narrative 20 Warranty Deeds 3 Utility Provisions Statement with sketches 4 Signed and Sealed Survey 4 Conceptual Site Plan 20 Architectural Rendering List identifying Owner & all parties of corporation 2 Affidavit of Authorization signed and notarized 2 Completed Addressig Checklist 2 Environmental Data Requirements, pursuant to LDC section 3.08.00 3 Listed Species Survey; less than 12 months old, include copies of previous surveys 014.14 eIVII• 0,0,4 3 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, If vegetated, FLUCKS Codes with legend Included on aerial. Historical Surveyor waiver request 4 EJ Traffic Impact Statement, with applicable tees_ 7 El School impact Anal sis Application — residential projects only 2 El Electronic copy of all documents and plans 2 *If located in Immokalee or seeking affordable housing, Include an additional set of each submittal requirement If located in RFMU (Rural Fringe Mixed Use) Receivinct Land Areas Pursuant to LDC subsection 2.03.08.A2.a.2,(b.)I.c„ the applicant must contact the Florida Forest Service at 239.690 -3500 for information regarding "Wildfire Mitigation & Prevention Pian.' 6/312014 Page 9 of 10 op,&4AY I2 o I( 0014 Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the M 100pr CO. WHO AND WHAT COMPANY PREPARED 'i M ENVIRONMENTAL DATA REPOR ? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience- shall be a bachelor's or higher degree in one of the biological scion= with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the F lodda Land Use Cover and Forms Classification System (F LUCFCS) and include this information on the SDP ox final plat construction plans. Wetlands must be verified by the South Florida Water Management District (STWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3,05.07 F and identify on tho FLUCFCS map the location of all high quality wetlands (wetlands having functionality scares of at least 0.65 WRAP 'or 0.7 UMAM) and their location within the proposed development plan. Sites with higlu quality wetlands must have dieir functionality scores verified by the SlVMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff consistent with State rogulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stotmwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. The analysis shall be performed using methodologies approved by Federal and States water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic asap to a half foot and, where possible, provide elevations within each of the FI UCFCS Codes identified on site. For SDP or final plat construction plans, inc:Iude this information on the site plans. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological (D7- �J communities similar to those oxisting on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Conunissiou T CC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial hahitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the surveys time may he reduced or waived by the County Manager or designee, when the project is not roviewed or toclmical assistance not. provided by the FFWCC and USFWS. A.dditional survey time may be required if listed species are discovered 0.8-- Provide a survey for listed plants identified hi 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS_ These plans Shall dmcribe how the project directs incompatible land uses away from listed spec'lea and their habitats. Identify the lomtion of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FI.UCFCS overlay for the site. Wildlife habitat tuanagernent plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C -25 through 62C -30, H.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay lanes (WRM -S1") within the project area and provide an analysis for how ore project design avoids the most intensive land uses within the most sensitive WRM -STs and will comply with the WRM•ST pursuant. to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay 7ones on the SDP or final plat construction plans. For land use applications such as standard and PTJD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield .Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and � quantity impacts fully, incorporate the requirements of the Watershed Management regulations of 3.07.00. D k or sites located in the Big Cypress Area of Critical State Concern - Special Treatment overlay district (ACSC- 871), show how the project is consistent with the development standards and regulations in 4.02.14. 5, 6-I �-/ s 22 For multi -slip docking facilities with ten slips or more, and 1'or all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protcaimi Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. / 23. For development orders within RFMII sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Etcment of the GW. f 24. lie County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.6.3 f) The following to be determined at preapplication meeting: (Choose those that apply) Od.Provide overall description of project with respect to environmental aad water management issues. Explain how project is consistent with each of the. applicable objectives mid policies in the CCME of the GMP. Explain how the project meets of exceeds the native vegetation preservation requirement in the COME and LDC. indicate we tlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland Impacts. Indicate how the project design minimizes impacts to listed species. Describe the measures that am proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For UD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (fits) document, prior to public hearings and after Rll applicable staff reviews arc complete. Copies of the EIS shal l be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? 27. Additional Comments 28. Stipulations for approval (Conditions) Cn er Cnunty ❑ [hand! Pollard Utility Impact fees 252 -6237 brandipollard@colliergov.net FredRelschl,AICP Zoning Services 252 -4211 fredreischl @colliergov.net ❑ Brett Rosenblum P.E. 5tormwater.Plan Review 252 -2905 brettrosenblum@coIDergov.net ❑ Micliael Sawyer Zoning Services 252 -2926 michaelsawyer @coiriergov.net Corby Schmidt, AICP Comprehensive Piannln Planning and zoning 252 -2944 252 -2460 corbyschrridt@coiliergov.net _ chrisscott@cot?iergov.net ❑ Chris Scott, AICP ❑ Daniel Smith, AICP Landscape Review 252 -4312 danielsmith @colliergov.net �? Scott stone Assistant County Attomey Hearing Examiner /CCPC 252 -8400 252 -4446 scottstone @coiliergov.nel markstrain @colliergov.net - Mark Strain ❑ Carolina Valera Comprehensive Planning 252 -8498 carolinavalera@colliergov.net ❑ Kris VanLen en Utility Planning 252 -5366 krisvantengen@colliergov net I] Jon Walsh 81111din Review 252 -2962 jonathanwaish@colliergov .net David Weeks, AICP Future Land Use Consistency 252 -2306 davidweeks @coiliergov .net ❑ Mrsten Wilkie Environmental Review 252 -MIS kirstenwilkie@colfiergov.net ❑ ChrlsUne Willoughby Planning and Zoning 252 -57A8 i ChrlstineWilloughby @co111ergov.nct Additional Attendee Contact Information: Name Phone Email /Representing t lgcjbe,r N reli AO.Ic!r C )tSTAI Gt e• % i'SF1 -t!'1 bf1 (o e1j.73 P M rY.e l�'�56.1a�tu %'t �1,�•w% !�G°irt. �d AG f It ' Rev 411115 ATTACHMENT "B" NARRATIVE AND EVALUATION CRITERIA Pursuant to LDC section 10.02.08, the following narrative and evaluation criteria responses have been provided in seeking a favorable recommendation from the Collier County Planning Commission to the Board of County Commissioners for a rezone of the subject property. Narrative The purpose of this rezone application is to seek approval of a "down- zoning" of lands currently designated C4 -GZO (General Commercial within the Goodland Zoning Overlay) to VR -GZO (Village Residential within the Goodland Zoning Overlay). The applicant wishes to reduce the zoned intensity of the land in question with the intent of providing a maximum of six (6) single - family residences on _._ acres; resulting in a maximum density of _ units per acres. The current zoning, C4 -GZO, allows for intensive commercial land uses, which the applicant seeks to discontinue, in favor of less intensive residential zoning. The resulting waterfront property will be complementary to the existing residential neighborhood, and will not have a negative impact upon the remaining existing commercial uses to the South. Evaluation Criteria 1. Whether the proposed change will be consistent with the goals, objectives, policies, future land use map and elements of the Growth Management Plan. Response: The proposed rezone from C4 -GZO to VR -GZO is consistent with the Future Land Use Element of the Growth Management Plan under Section 1. Urban Designation, Part B. Density Rating System, both sub -parts 2 and 3, as evidenced by the following: Density within the Coastal High Hazard Area (CHHA) are limited to 3DU /Ac under subpart 3; Maximum density is increased by 1 DU /Ac as a Density Bonus under subpart 2, as this is a conversion from Commercial to Residential Zoning. Due to these iustifications stated above and below, and with regard to the criteria that are met, the proposed rezone from C4 -GZ0 to VR -GZO may be found consistent with the Future Land Use Element of the Growth Management Plan. Public safety would not be affected during construction, as construction will not impede the public ROW at any time due to the Proiect location on a cul -de -sac. The potential for commercial traffic on East Palm Avenue to be generated by this site would also be eliminated. 8. Whether the proposed change will create a drainage problem. Response: The proposed residential development is not likely to require greater impervious area than the existing commercial use(s) would, • as the need for off - street parking and paved surfaces would be greatly reduced. With less impervious surface area, water management requirements would likely be diminished. it should also be noted that the property, when developed will be required to follow all storm water management design regulations. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The proposed change will not result in a reduction to light or air to adjacent areas to any greater extent than the existing C -4 uses would allow. Instead the proposed use will allow a development pattern that is consistent with the existing neighborhood. The maximum building height and lot size requirements will be the same as the adiacent VR -GZO zoning district, creating a consistent look and feel to the neighborhood. 10. Whether the proposed change will seriously affect property values in the adjacent area. Response: It is anticipated that the proposed change will allow development which will be harmonious with the surrounding zoning district serving to enhance the adiacent property values as this site develops in a similar manner. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Response: Unlikely The project is within an area that is primarily Village Residential, with scattered commercial uses in the vicinity. Adiacent properties have already developed under their respective zoning designations) Changing the zoning of this particular property will simply move the boundary line of the existing zoning District beyond the end of the existing cul -de -sac but will not impact the capability of the adiacent properties to (re)develop under their existing zoning designations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: No The proposed change is consistent with the GMP and through any development order process will be consistent with the current LDCstandards. This request will not constitute a grant of special privilege, as no special concessions have been requested. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Response: The proposed amendment intends to "down- zone" and lessen the intensity derived from the land uses currently approved on this property to a less intensive residential use. The proposed Village Residential zoning conversion, within the Goodland Zoning Overlay, will serve to create residential parcels that will match adiacent residential uses with shared access to E. Palm Avenue, while increasing the tax base. Policy 5A New developments shall be compatible with, and complementary to, the surrounding land uses, per the Land Development Code (Ordinance 04 -41, adopted June 22, 2004 and effective October 18, 2004, as amended). The proposed rezone from C -4 -GZO to VR -GZO is considered more compatible with the surrounding zoning in the area which is predominately zoned VR -GZO. The proposed single family development will be more complimentary to the surrounding neighborhood that a commercial development. OBJECTIVE 7 In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. 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 subject site is accessed by a public roadway (Palm Ave.). A common driveway easement providing "legal access" for the individual parcels will be proposed by a subsequent subdivision plat. 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. A common driveway easement providing "legal access" for the individual parcels will be proposed, providing access to Palm Ave. INSTR 4623854 OR 4734 PG 549 RECORDED 11/7/2011 1:07 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $8,575.00 REC $18.50 CONS $1,225,000.00 THIS INSTRUMENT PREPARED BY: Craig R. Woodward, Esquire Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Post Office Box One Marco Island, Florida 34146 (239) 394 -5161 Warranty deed This Indenture, made this a ° day of October 2011, between Palmer Ranch, LLC, an Illinois Limited Liability Company, GRANTOR, whose post office address is: 10709 Cherrywood Drive, Palos Park, Illinois 60464 and Pelican Point at Goodland, LLC, a Florida Limited Liability Company, GRANTEE, whose post office des i�mational Parkway, Sunrise, Florida 33325. WITNESSETH, that the r and other good and valuable co id, whereof is hereby acknowledge , h heirs and assigns forever, the ollc Collier, State of Florida, to wit The upland portion of a a� according to the Plat the A", of Collier County, Florida. in 'd ti o e sum of TEN DOLLARS, ��- rant r n han g�1 d% • , -Si te,/ ai by said Grantee, the receipt , e aid Grantee, and Grantee's yi g qnd being in the County of of land lying in T- irecorded in Plat Y, Goodland Isles, 7, Public Records Beginning at the Southeast corner o- `L6t44,--G—oodland Isles, First Addition, as recorded in Plat Book 8, Page 1, Public Records of Collier County, Florida; thence South 16 degrees 06' 17" West 64.00 feet to the point of curvature of a circular curve concave to the Northwest having a radius of 50.00 feet; thence along the arc of said curve to the right for a distance of 23.21 feet thru a central angle of 26 degrees 35' 42 "; thence South 15 degrees 44' 47" East 27.88 feet; thence South 16 degrees 06' 17" West 94.03 feet; thence South 55 degrees 38' 23" East 216.47 feet; thence North 16 degrees 06' 17" East 295.43 feet to the point of curvature of a circular curve concave to the Southwest having a radius of 100.00 feet; thence along the arc of said curve to the left for a distance of 181.41 feet thru a central angle of 104 degrees 00'00"; thence North 87 degrees 53'43" West 117.28 feet; thence South 02 degrees 06' 17" West 95.00 feet to the Place of Beginning. Subject to restrictions, reservations and easements of record and taxes for the year 2011 and subsequent years. Tax Folio Number: 46372960405 Co r N O Zm pQ e ZO y �z a aF o Z J Z W Q Q W o _ J O � H Q y Og zmZpQ >> °ow tNp OW UO OOmap CD O H Z� YV LLVWOU ZFOWZ2K -. O tWi f0.) W7) > -w aj W,0 0K 00 LLU O2 0W JK>i> UQW UZQFWW W W WW 27170f0 -iOaWF m (700 QU mU �U�USai�2 °j�W� °o LL O6A WZWHQ7Z CD �I 0 3 3 3 3 ?y Ja o Nm zmoo��`r2W�ULLwrn o o w� �ow3z(n� w - zrOin } %W WQ J 1-U O U =�f W7Z �p m 71 Jm m0O 5200 ¢p K <G1i+1'r W apW2 NNW QLL gLLWWOFyF�OW�aNO7~i O F0 <WEQR'v1O W Of �Nin W NOLL QI-NF- F711 OSKK�W WWWgF°r ?i O Q U) E 1H ZW O LLI W m N N c7 w map W ��LL z� of �� W LL�LLp�F LLtY• r > 0� _Ua�p=(.%Q 2 J 71 71 Z Z Z J G Z W} m < a U O O O Z N W O U W O O J W U LL tr 1 LL z H J 0 O R LL• Z' w 0 aJ NOQF' Z N�eO W tip = -LL W �p m O rUrn p W z Z,J 0 , O W -.0 Y ~0WS7FiL� lL'a °o,ZU$ Q w n Z Z O v/ 2`°'iM toil Z 3(Wi1W ON � s°¢'- m LLQa O�WW�3W� °� =� 0 ¢ Z d U N N w 3,: W. =QC°i C�7 �� gg WYw¢oaN�zj�ao0 a z Q J W t OpNC OY OS Z0Z�Oy(Wip =Q7Q0p Q W N Q i D NaFLLN= -j o WE 0m2K�p 7Z717F ~>QpLLOS 0 V y o a b W `W O.OZ }WOOF- fUl7m KW OK�WWUZW Wp W w udi / W N W Z ❑ W W F-�a W JQ QOM W Zp�OO V W r p(9 W iJN a K Q � Z Q =Z W,M, LL7Lp F -p�(Oj d' =�to .t°- Z_ > ~pZZ_ Q 0 ad D LL za aWOJ oKLL �WLLLLa`�N�Noxo�W m V F ?°°° 0¢a =m0 mWo�' OQ mm }OOwW�(~i1W�wLLrz mo x = i ¢ X om c W<o�mmF� >waQ6�a OWE �w�a¢ ~w(oi1:��3�WWm (Ong a = H S rc N D�UmZ°u7'Cmm°OZV o�V ¢7FUwFO�Um� ~oz�o �0 W O cr ¢ rX, aK Qa0 U m _ Zz7 iDaO(Oi1 ° >zZ g°Za'�' -J' ZZ WF- WKIWOWNmJnU >W � g QO F- 00 °° KOLLO W 1OIL ag d JJ ZOJ�= V W ~ W LL W LL7i�g OmU 0 d U ��ug Qo o Z.nH WDDo c�o�W�o0W0�FozNW Wo 'm =. w 4 0 sOLL wOLLwO¢zwwotO�w m xn O 7_?LL zlCm� Ci. -Nli4 ui td H(90 m QO1L Z(n Q LL pN F Q U H H� w YID (W' 11, 0 O o F— m a SSbd��xN000 J ~Y U J U v / Z m a Z oz,-,e / U) ry, F (63eYy. M. / LL1 OB J Z O w / Q Z O L'! m i 3 ((s cs3ryt) °N7 -� g H aft Olry t�!'Bery1aN77 5 O p .7� ama.. SON Oy3 LL U (j) w O � U i >- V Q W 7) J ZZQ(WJnU / K $ I .0Z 490" /� F 0 � - -U, �x I �Q`'��iUU•p =pymy''�` `�$ $ CJ Z 0 Zhry _ o 7i ogox z �z p Z OV d00z Z V (L (D /t m� BIZ Ib aZ�O�Omo a gx �C ON UU(9�rn amE£ zz lorei;s iO a S '� " m o / K a z w a w� K qoz v 0. i i is I d 'WeC9g R'�ti , -U' O N --T@ R�0.va.�, / �Jr. Z }ZKUt ���o .tsnrn' O z6Bt �J / y Www5z c c !u It'rr 3n.Zt.(pH ` 7 LU J J Z Z W J )to as :g +sn� �` c9p jK¢wz z W I 3a'sot R SS bpf - \imoaa /' g U 0 w g 011- io aa7 N „end (sxwssxls.Zt.rof sri;e .. �d1Ni M3L^ {8�'`3e tL,yLH .Lrg #/ 0 5 aLL ZN NU a a °oW (0100' %N�Lt.9Q.rpf ¢w� Td W .. YoFZ 1y� 0(•9Lf 4}{ r R,y ��6J � � 7� -�(w� eg �$ s) ss''a9ry, a o ;. : m � Y � A (°4Dhs^L�L avaf, ° r / i 8 x @ o - u� d W (n w F - >� < y o > - ZZ c; p < Q �c LL - pa mac _ av = U¢n FZV) �LL w� CD YLLm _ (/)—V) a �a �U Owa J �< UZv2 0W UZ Z O n F� ` Ow ° Q J < nw U m <' J am'<g Sn ¢ �1z a F _ � SHEET t OF t FlLE NO.: 15.015 iou�e.ss. r ano I o'aurOlif0is7�� r +ms+Na. r.'v �Krawv•asarN _ I C101' o`=.,; a3rw�aosaao�aa�iena •t�hraV�noaimw�m��f Id* ®mow avo�,noc�s e Yt SO N1N Sv'Sm tNY10009•.A.MoOIez JTML M 91"7 ON1d0 '; N6is/rtG' d e�•n;:. __��_: w n 137NVdYlONouk"c / vwd au A3 ajns.kwvaNnoe 'ONI a mn ■ __ d _ _ ,,,,, `DW S1N183 f NINOO •.� suwm d SrION1 S3WVf o�..,'"'Hi �s'aWa1S1O=' 9NI2!?3NI'JII3 g *� 1VISNOO y Z_ M, uli tali ggS ? d "�i @�'�Sa r�i= a At fa °� i� III Q , mod, T Lim■ fill + s ,r fill filial i! i 1 ■9 full 'ji a :e_F Ill. C� ■ W 3i OQ3 :1� ■ W 4 t�G _ Q ■ U O _ m ;Q W 3 i� i r, 91 0 gW �q rc 0 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252 -2400 FAX: (239) 252 -6358 DISCLOSURE OF INTEREST INFORMATON Please complete the following information, if space is inadequate use additional sheets and attach to the completed application packet. 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: I.. ^. Le Cl Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership James H. Inglis 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the ierceniage or interest: Name and Address I % of Ownership If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the gciiciai aiiu /vi niin cu Hai 51cia. Name and Address % of Ownership 6/3/2014 Page 3 of 10 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company PELICAN POINT AT GOODLAND, LLC Filina Information Document Number L11000105105 FEI /EIN Number 453244539 Date Filed 09/14/2011 State FL Status ACTIVE Principal Address 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Mailing Address 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Registered Agent Name & Address INGLIS, JAMES H 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Authorized Person(s) Detail Name & Address Title MGR INGLIS, JAMES H 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Annual Resorts Report Year Filed Date 2013 02/27/2013 2014 03/04/2014 2015 01/20/2015 Document Images 01/20/2015 -- ANNUAL REPORT Page 1 of 2 littp:Hsearcli.sunbiz.org/ Inquiry/ CorporationSearch /SearchResultDetail ?inquirytype= Entity... 5/7/2015 2015 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L1 1 0001 051 05 Entity Name: PELICAN POINT AT GOODLAND, LLC Current Principal Place of Business: 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Current Mailing Address: 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 FEI Number: 45- 3244539 Name and Address of Current Registered Agent: INGLIS, JAMES H 300 INTERNATIONAL PARKWAY SUNRISE, FL 33325 US FILED Jan 20, 2015 Secretary of State CCO100617589 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, orboth, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail Title MGR Name INGLIS, JAMES H Address 300 INTERNATIONAL PARKWAY City -State -Zip: SUNRISE FL 33325 I hereby certify that the information indicated cn this report cr supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that 1 am a managing member or manager of the limited liability company or the receiver or lmslee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all olherlike empowered. SIGNATURE: JAMES H INGLIS MGR 01/20/2015 Electronic Signature of Signing Authorized Person(s) Detail Date AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20150000901 1 James Inglis (print name), as Managing Member (title, If applicable) of Pelican Pant atGoodland. LLC (company, If a plicable), swear or affirm under oath, that I am the (choose one) ownerQ applicant =contract purchaser =and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Davidson Engineering, Inc. /Coastal Engineering Consultants, Inc. to act as our /my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. or V. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee ". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 03p 1i ature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on ql3b I S (date) by :SA.mti 1-r IS (name of person providing oath or affirmation), as 7� I who is personally known to me or who has produced (type o, 'de tification) as identification. STAMPISEAL Signature of Notary Public yir'r uSAC.MWY MY COMN f EE861974 EXPIRES: February 1, 2017 kj tb BwdsdTNuNoWyPdkUndevrtdels CP\08- COA -00I 15 155 REV 3/24114 Go ieY County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing @colliergov.net or fax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressina personnel prior to pre - application meeting. please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Indicate 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) ❑ SIPI (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) 0 RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Upland portion of a parcel of land lying in Tract 2, Block Y, Goodland Isles. (See Attached) FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 46372960405 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) _01 4.9 r7.- .l._ ._A, ,, vrZH ain_i Ave. • 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) N/A PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projects /sites only) SDP - or AR or PL # 613 Palm Ave., Goodland, FL Environmental Data Report July 21, 2015 This report was prepared by Dr. Kris Thoemke, CEP, Coastal Engineering Consultants, Inc. Senior Scientist. A brief resume is provided in Attachment 1. The information in this report is based on data collected during a site visit by Dr. Thoemke on July 2, 2015. Wetlands and Existing Vegetation Vegetation on the site using the Florida Land Use Cover and Forms Classification System (FLUCFCS) is provided in Attachment 2. The dominant vegetation type is Disturbed Land (FLUCFCS Category 740). Of this land, most of the property consists of periodically mowed grassy vegetation. The only jurisdictional wetland area (and native vegetation) on the site is the mangrove fringe along the shoreline of the property, most of which is waterward of the MHW. This vegetation will be retained on site; no mangroves will be disturbed or impacted. Wildlife and Listed Species Surveys During the site visit, the property was survey for the presence of listed species known to inhabit biological communities similar to those existing on the site. The habitat was considered to be potential habitat for the gopher tortoise. It was not considered to have suitable habitat for any of the listed plant species in 3.04.03 of the LDC. A series of parallel transects covering 100% of the property were surveyed for the presence of gopher tortoises and other listed species. No tortoises or burrows (active or abandoned) or other listed species were detected. A query to the Florida Fish and Wildlife Conservation Commission, Eagle Nest Locator web site on July 21, 2015 did not identify any bald eagle nests within a four -mile radius of the project site. Other Information Per the Collier County Zoning Map, the zoning for the property does not include an ACSC- ST overlay. CEC is not aware of any previously prepared Environmental Assessments conducted by the current property owner. As depicted on the FLUCFCS map (Attachment 2), existing elevations are sufficiently high that a six -inch rise in sea level would not affect functionality of the property. Other issues initially considered to be relevant in this environmental report in the pre - application meeting have been determined to by not applicable to the rezone request. COASTAL ENGINEERING CONSULTANTS INC. Civil Engineering Planning Services Survey & Mapping Coastal Engineering Environmental Services Headquarters: 3106 South Horseshoe Drive Naples, FL 34104 Phone: (239) 643 -2324 Fax: (239) 643 -1143 Branch Office: 5745 Essen Lane Suite 200 Baton Rouge, LA 33935 Please visit our website: www.coastalonaineerina.com V' KRIS W. THOEMKE, PH.D., CEP SENIOR ASSOCIATE SCIENTIST (239) 643 -2324, Ext. 156 - kthoemke @cecifl.com Qualifications Summary Dr. Thoemke has 35 years of professional experience providing natural resource assessment and management and environmental permitting and monitoring services in coastal environments. He has decades of field experience assessing, restoring and monitoring marine and estuarine habitats and conducting similar work in related freshwater and upland habitats. His broad range of experience with coastal and marine ecosystems, knowledge of the connections among these ecosystems and past public involvement uniquely qualifies him to conduct all types of ecological surveys, serve as a Project Manager, prepare state and federal environmental permits and prepare Environmental Impact Statements. Earlier in his career, he served as a researcher and manager of the Rookery Bay National Estuarine Research Reserve, marine ecological consultant, free -lance environmental and outdoor communicator and wetland ecologist working on Everglades restoration issues. Prior to becoming CEC's Senior Scientist he was Program Chair and professor teaching environmental management, ecology, natural resource management and permitting and compliance at the graduate level. These experiences serve to enhance his in -depth understanding of ecosystem functions and expand his knowledge of county, state and federal regulations and codes related to environmental issues. In estuarine and marine environments, Dr. Thoemke's expertise in natural resource management and environmental permitting and monitoring includes: conducting submerged biological resource and listed species evaluations and surveys; developing and implementing resource monitoring programs; conducting assessments of seagrass, hard bottom and soft bottom communities; conducting Essential Fish Habitats assessments, preparing, processing and obtaining state, federal and local environmental permits; conducting wetland delineations; turbidity monitoring; preparing detailed vegetation assessments and maps; researching and preparing environmental due diligence reports; performing flora and fauna surveys of coastal and related upland habitats; designing, permitting and monitoring of wetland and related upland mitigation activities; assessing project compliance with state and federal ERP permits; and contract administration and project management services. Education/Certifications BS, Zoology, University of Maryland, 1973 PhD, Biology, University of South Florida, 1979 Certified Environmental Professional ( #05005350), 2005 Authorized Gopher Tortoise Agent - Florida (License # GTA -09- 00294) Professional Affiliations Academy of Board Certified Environmental Professionals National Association of Environmental Professionals Florida Association of Environmental Professionals Outdoor Writers Association of America O —� 0 00 00 _O I O LO W J O U U) 0 O r VIP- M I I L1J � Z ry 1 �W"' W LLI Q> Q w w w > Q LUUUU =Q �a¢a OW U�//CO�o 22 LU � l X 0 0 Z Y LU w m Wec (f) D G m U) 00 � -- oo�- U) U) Z z w Lu Lu Q J if 0� Q-, LL, 000 UU C) CO << O (r O L u LLJ U) O(1)Z CO U) FD Q��< aQ N LJL.��� O-0 L4 B 0 n N 0 v00 o Q Q W 0 0 Z Z N O U 3 w o rn 2 Y Z z J U) frw0 d ❑ K a❑O 0 <w Z J ❑ U) �O J J CO C9 O a a _ Z U) Q U (w.9 J O ❑ma < HU0X ¢�m0 F F- LL a Z � } a Q -te Ezzn UJ W0 Uz °w J U J i wLL00 � U : ;U N Q�E E L Z Z_ Z Z_ w > w W Dm LD. C;,; U Q W z K O < y Z2ZZW t0 . (Om 0a600(9 Z }Zfr 3 W W j? C c >-ZZ WXmy cr Z ;)=NW Z LLN� O (n O a d U W U 3 U) > JWI— Uh Ov <wJ oo =o Z z LL N N '- a Oz0Uwz 0� ULulC) =0 � LL O J {\ a oQ �Z W Z U_ ~ rn w W N r 00 Q Q F � O Z LL C'j O z° F- Om W > ❑ �0- w OW Q Q ❑ W M mU)Q> w 0� _rn LLI J Z Q Z QDL G O Q � a LL Q O Z N rn ° OD +� W m W u n zp a >�� Cr U) < H � � U)cn0 W Z J F Of Ww Q Q F F- OQ OZ F U QQ O > of F- CO -c W' -'> 0020 W W - F Z Z W W W ❑ F- M I I L1J � Z ry 1 �W"' W LLI Q> Q w w w > Q LUUUU =Q �a¢a OW U�//CO�o 22 LU � l X 0 0 Z Y LU w m Wec (f) D G m U) 00 � -- oo�- U) U) Z z w Lu Lu Q J if 0� Q-, LL, 000 UU C) CO << O (r O L u LLJ U) O(1)Z CO U) FD Q��< aQ N LJL.��� O-0 L4 B 0 n N 0 v00 o Q Q W 0 0 Z Z N O U 3 w o rn 2 Y Z z J U) frw0 d ❑ K a❑O 0 <w Z J ❑ U) �O J J CO C9 O a a _ Z U) Q U (w.9 J O ❑ma < HU0X ¢�m0 F F- LL a Z � } a Q -te Ezzn UJ W0 Uz °w J U J i wLL00 � U : ;U N Q�E E L Z Z_ Z Z_ w > w W Dm LD. C;,; U Q W z K O < y Z2ZZW t0 . (Om 0a600(9 Z }Zfr 3 W W j? C c >-ZZ WXmy cr Z ;)=NW Z LLN� O (n O a d U W U 3 U) > JWI— Uh Ov <wJ oo =o Z z LL N N '- a Oz0Uwz 0� ULulC) =0 � LL O J {\ a oQ �Z 7 p o U rn II o z O W N W O y N oo Z ti > Q Q r p OJ w W O Z o W Q o f- 0 co CD cn cn cn p j C) Q �Ofw2' _ � w O w W o Q QWW0 �¢QQ U` W II -1 Co T- UcO�o =_ 0 Of rn -1 Z Q Q � o o z W o < < w I y O r w T Q m F- Z i ° z z N o V W QQ Fdml~i U) U) W .I J 0Z c/7 N O°O• CO 2i m 0 o Q w 0) �? II II �Cn O v u LL O� cib~ (n � 3 w �O a >�_� zzw WW Ra 02 WE J JQd �'� o L _� =0�� Woo° UU 6iu)o I- �wW oMCO QQ �Z o wpQ cn�Q¢ »0 W W < = u s Z O O V Q o OFU ;E0 3: �H� H� H _ Q m U U Q J J W a LL J W 00 2-1 U Q Q o w 0 zw QQQQ JCDC) �H CL 00 Q C7 ���g LL nr�co oQ0 Lu J Q rr^^ vJ O 0 J CO r,. 0�d CL o 5— } — W U) QUO & . W J 0 W F Y O t < 0 O LL !7( Qza} a z z Z j U°zww ¢0J ` w f Zzzr< w w U N u wa Ww I ^T waw2C e z d z 2 z z w m <° m Z z o Z<21 p�NWQ O NQp d 2 W CL cn W z :z a e p JLu uw p J � W v QZZ s OzOZ� z °� a.. _ - _ UWU_ain =O _ • Z 4t SHEET 1 OF 1 FILE NO.: 15.015 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT Fl 1: I 1381 —1"b PLANNER: Fred Reischl, Principal Planner PETITION NUMBER ASSOCIATED WITH THE WAIVER: CTo Be Completed By Zoning and Land Development Review Staff PROJECT NAME: LOCATION: (Common Description) 613 Palm Ave. E, Naples. Florida 34140 SUMMARY OF WAIVER REQUEST: (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical /archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Historic Preservation/Forms/rev. 06/05/08 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Goodland Isles Plat Book 6 Page 7 Unit Block Y Lot Section 18 Township 52 Range 27 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: Width along roadway: Depth: C. Present use of property: Undeveloped square feet, or f 1.70 acres D. Present zoning classification: C -4 -GZO Historic Preservation/Forms/rev. 06/05/08 4. Other: There is no indication of burial mounds, shell mounds, or other historically or archeologically significant uses on the subject property. The site has been vacant or used as a boat storage area in the last three to four decades. A prior CU has been approved and allowed to expire, with no discovery of historic or archeological significance. As such, we do not find indications that the area has any significant potential for historical archaeological importance, and thus can be deemed "low potential." B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. Historic Preservation/Forms/rev. 06/05/08 2015 Google Aerial; Lot is cleared /mowed and in use 2004 Google Aerial; Lot is cleared, a structure and boat ramp exist, and the site is in -use June 2008 "Street view" from Gooele; Site is cleared /fenced, a steel structure exists, and no evidence of historical or archeological https: / /www.floridamemory.com /items /show/39622 Aerial view of housing development - Goodland, Florida Credit this photo: State Areswes of Florida. Fonda Memory. ht tps llBwidamemory.conYtemslshowl3%22 (please m lode photographers name when r>oted) About This Item sm0 V Tweet 0 aj Googfe + o Q 0 Title -4erial view of housing development - Goodland, Florida Image Number RC18293A Year 19?1 Date Note Photographed in July 1971. DUE Table of Contents Page Introduction /Methodology 3 Existing Conditions 4 Trip Generation 5 Distribution and Assignment 5 Background Traffic 7 Appendix A: 8 Project Master Site Plan 8 Appendix B: 9 Project Trip Distribution Map 9 DE DAVIDSON Existing Conditions The project site consists of a 1.68 acre site within the Goodland Zoning Overlay. Public roadway infrastructure (Palm Street) exists that serves this site with access from a cul -de -sac location. Figure 2, below, shows a recent aerial of the access conditions described above. A common driveway easement providing "legal access" for the individual parcels will be accommodated by a subsequent subdivision plat. Table 1: Development Program ITE Land Use Land Use Proposed Units (X) Code Single Family Detached Housing 210 5 DE DAVIDSON ENGINEERING Table 3: Net New Trips AM Peak I PM Peak Land Use CITY Unit Daily Total Enter Exit Total Enter Exit irst Land Use #210 SF Detached Housing 5.0 # Dwellings 67 13 3 10 7 4 3 Internal Capture Deduction 0% 0 0 0 0 0 0 0 Pass -By Deduction 0% 0 0 0 0 0 0 0 Net External Trips for Residential Uses 67 13 3 10 7 4 3 Table 3A PM Peak Hour External Distribution (For Concurrencv) Significance Test Table 4 PM PEAK HOUR SIGNIFICANCE TEST ST Distribution PM Pk D % Assignment Site % Link LO Copaci Link From To Located No. Enter Exit Enter Exit Greenway San Marco West of ct 90 Tamiami Trail East Road Drive Entrance 95.3 90% % 4 2 San Marco East of 10 Tamiami Trail East Drive SR 29 Entrance 96.0 10% % 0 1 Significance Test Table 4 PM PEAK HOUR SIGNIFICANCE TEST *Peak Direction in Bold per 2014 AUIR No concurrency links are significantly impacted during the PM Peak Hour. 6 ST Networ D Service k Peak Site % Lan LO Copaci Directi Trip Impa Link From To es S tz on s ct 95.3 Greenway San Marco Tamiami Trail East Road Drive 2 D 1,075 NB/WB 4 0.4% SB/EB 2 0.2% San Marco Tamiami Trail East Drive SR 29 2 D 1,000 NB/WB 0 0.0% SB/EB 1 0.1% *Peak Direction in Bold per 2014 AUIR No concurrency links are significantly impacted during the PM Peak Hour. 6 DE PAV PANT NGINE RING Appendix A: Project Master Site Plan (i Sheet) AW.V.M quo ti immock Bay 'J 11� •� It IJ 0 Appendix B: Project Trip Distribution Map Trip Distribution by Percentage (of Total Trips) CL L� . Eagle L' Golf Club W 1 92 .r DE ON Stale Park ai rt F e ' R . lI � DE RMIDSON ENGINEERING An analysis of the trip generation for both 3, and 4 unit Scenarios. #210 SF Detached Housing 'Trip Generation Rates: ;Avg. Rate Formula % In % Out 9th Edition Page # Dwellings a x b Weekday 296 3 9.52 0.92, 2.72: 0.5 0.5 AM Peak Hr 297 3! 0.75 07 9.74:; 0.25 0.75 PM Peak Hr 298 3 1' 0.9: 0.51 0.63 0.37 T Trips generated. Avg. Trips ,Lno� or (�' fx Trips Weekday 29' 1.10; 42. 21 21 AM Peak Hr 2r 3.00 12 3 9 PM Peak Hr 3; 1.10; 41 2 Trip Generation Rates: 'Avg. Rate ' Iformula % In % Out 9th Edition Page # Dwellings a'x b Weekday _ 296 4 9.52 0.921 2.72' 0.5' 0.51 AM Peak Hr 29711 4; 0.75 0.7 9.74 0.25 0.75 PM Peak Hr 2981 4I 1 0.9 0.51 0.63 0.37' T- Trips generated 'Avg. Trips Ln(� or N fx Trips Weekday 38, 1.39, 54: 27 27' AM Peak Hr f 3r 4.00 13 3 9 PM Peak Hr 4 1.39: 6 4 2 Please note that each scenario with fewer units reflects lower trip generation, accordingly. 11 . $trict School � � o H a i Z�Collier Cout`�� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Students, Staff Projections, Allocations and Reporting Department at 239 - 377 -0254. Ple se check [A type of application request (one only): chool Capacity Review [ ]Exemption Letter [ ] Concurrency Determination [ ] Concurrency Determination Amendment For descriptions of the types of review please see page 3, I. Project Information: Project Name: N/A Municipality: Goodland Parcel ID #: (attach separate sheet for multiple parcels): 46372960405 Location /Address of subject property: 613 Palm Ave. E (Attach location map) Closest Major Intersection: Goodland Dr. W & Palm Ave. II. Ownership /Agent Information: Owner /Contract Purchaser Name(s): lamPg Inglis Agent/ContactPerson: Robert Andrea; Coastal Engineering Consultants, Inc. (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 3106 South Horseshoe Drive. Naples. FL 34104 Telephone #: 239 - 643 -2324 ext. 134 Fax: 239 - 643 -4364 Email randreaa- cecifl.com I hereby ce the statemgnts and /gr information contained in this application with any attachments submitted herewith ue aqd cor ct to th est of my knowledge. ner or Authorized Agent Signature III. Development Information Date Project Data nit Types defined on a e 2 of a lication Current Land Use Designation: Proposed Land Use Designation: Urban Coastal Fringe Urban Coastal Fringe Current Zoning: Proposed Zoning: C -4 -GZO VR -GZO Project Acreage: 1.70 Unit Type: SF MF MH C G Total Units Currently Allowed by Type: 0 0 0 Total Units Proposed by Type: 5 Is this a phased pr ooect: Yes orlNol If yes, please complete page 2 of this application. Date/time stamp: Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed /recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and /or a mitigation agreement being issued or a previously approved determination being modified and reissued. 3 NO LIEN AFFIDAVIT STATE OF FLORIDA COUNTY OF James Inglis ( "Affiant "), as President of Goodland Isles, Inc., a Florida corporation { "Owner "), and as Manager of Pelican Point at Goodland, LLC, a Florida limited liability company ( "Pelican Point') being first duly smom, deposes and says that Affiant makes these representations to Coon Key Pass Fishing Village Condominium Association, Inc., a Florida non -profit corporation (the "Association') with regard to the Personal Property described in the Bill of Sale of even date herewith executed by Owner and with regard to the Utility Easement of even date herewith executed by Pelican Point and delivered to Association: 1. Owner is the only owner of the Pcrs%W Property, Pelican Point is the only owner of the real property described in the Utility Easement (the "Easement Area'), and Affiant has full authority to execute and deliver the Bill of Sale and the Utility Easement. 2_ Neither the Personal Property nor the Easement Area subject to any lien or encumbrance (except for the Mortgage described in the Utility Easement, which has been subordinated to the rights of the Association). 3. Affiant has no knowledge of any matters pending against the Owner or Pelican Point that could give rise to a lien that would attach to the Personal Property or the Easement Area. or cause a loss of title, and the Affuurt has not and will not execute any instrument this would adversely affect the title of the Personal Property or the Easement Area 4_ The Owner has undisputed possession of the Personal Property and Pelican Point has undisputed possession of the Easement Area, and there is no other person or entity in possession, or with any possessory right in the Personal Property or the Easement Area. 5. There are no outstanding contracts, either oral or written, for the furnishing of any labor or material to the Personal Property or the Easement Area, and all labor, materials, or services heretofore furnished with regard to the Personal Property and the Easement Area have been paid in frill. b. There are no existing service or maintenance contracts affecting the Personal Property. 7. To the best of Affiant's knowledge, there is no civil action pending which involves the Personal Property or the Easement Area in any way. Affiant vmrrants that each of the foregoing statements are be true and correct, and Affiant shall notify Association of any changes in these representations. Pelican Point intends for Association to rely on these representations in accepting delivery of the Bill of Sale and ownership and title of the Personal Property, and in accepting the Utility Easement and an easement in the Easement Area. Pelican Point does hereby agree to indemnify and hold Association harmless of and from any and all loss costs, damage, penalty and expense of every kind, including attotnoys' 15m, %tich the Association shall suffer or become liable for on account of reliance on the statements made herein. A 4arnes , Preside of Goodland Isles, Inc., a Florida eo 'on, and as Manager of Pelican Point at Goodland, LLC, a Florida limited liability company 6378-000111156 This insb umerrt was prepared without opinion of title.by and after Recording Rcturn to: William I Dempsey Cheffy PaiNidomo, P.A. 821 FitlhAvenue South Naples, Florida 34102 (239)261 -9300 UTILITY EASEMENT THIS EASEMENT, granted this 4h day of December, 2013, by PELICAN POINT AT GOODLAND, LLC, a Florida limited liability company, whose mailing address is Attn: James Inglis, 300 International Parkway, Sunrise, Florida 33325 (hereinafter referred to as "Grantor "), to COON KEY PASS FISHING VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida non - profit corporation, with a business address of 611 Palm Avenue East, Goodland, Florida 34140 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive utility easement for the purpose of maintaining existing underground sewer pipes (collectively the "Pipe ") under, upon and across the following described lands located in Collier County, Florida, to wit: The Westernmost thirty (30) feet of the real property more particularly described in attached Exhibit "A," which is incorporated herein by reference (the "Easement Area "). Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land and to place and/or excavate materials for the purpose of maintaining, repairing, and replacing the Pipe. The easement granted herein shall constitute an easement running with the land and shall burden the Easement Area. In the event Grantee enters the Easement Area for purposes of accessing the sewer pipe, Grantee agrees to restore the Easement Area surface to its pre -entry condition within a reasonable time after such entry. Grantor reserves the right to: 1. Relocate the Easement Area to accommodate future development of the land described in attached Exhibit "A "; provided, however, that. Grantor shall be responsible for the cost of relocating the Pipe within the relocated Easement Area, and further provided that the relocated Easement area shall provide the same quality, quantity, and scope of rights granted under this Easement; and 2. To connect residential units or commercial uses hereafter constructed on the Exhibit "A" land to the Pipe; provided that: i. The Pipe must have available capacity to. SUBORDINATION OF MORTGAGE Aero Hardware & Supply, Inc., a Florida corporation ( "Subordinating Party "), as holder of the Mortgage recorded November 7, 2011, in Official Records Book 4734, Page 551, of the Public Records of Collier County, Florida (the "Mortgage'), hereby subordinates its rights and remedies in and under the Mortgage to the rights of Grantee under the attached Utility Easement. IN WITNESS WHEREOF, the Subordinating Party has caused this Subordination of Mortgage to be executed this q* day of lgdQetnber, 2013. WITNESSES: STATE OF FLORIDA COUNTY OF COLLIER SUBORDINATING PARTY: AERO HARDWARE & SUPPLY, INC., a Florida corporation. By: James H. is, its tef Executive Officer The foregoing instrument was acknowledged before me this r day of ISOember, James Inglis, as Chief Executive Officer of Aero Hardware & Supply, Inc., a corporation, who [✓ pis personally known to me or [j has produced identification and who did/did not take an oath. [affix seal] MyooWOM1974 EXAM. F&u y 1, 2017 BW49aT1wtr0t2yPAGu 6378 0001 x.`154 2013, by Florida as —ILL �IMA Notary Signature AA I Name typed: i t sd • , i ' o f Gi i f My Commission expires: BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: That GOODLAND ISLES, INC., A FLORIDA CORPORATION, with a business address of Attn: James Inglis, 300 International Parkway, Sunrise, Florida 33325, hereinafter called the "Grantor," for and in consideration of the sum of ten dollars ($10.00) and other good and valuable considerations, the sufficiency and receipt of which is hereby acknowledged, paid to it by COON KEY PASS FISHING VILLAGE CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON- PROFIT CORPORATION, with a business address of 611 Palm Avenue East, Goodland, Florida 34140, hereinafter called the "Grantee," has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Grantee all equipment, machinery, materials, goods and chattels, comprising the sanitary sewer /wastewater collection system more described as follows (collectively the "Personal Property'): The pump and lift station (the "Pump Station ") located on and serving the Coon Key Pass Fishing Village Condominium property, as such property is described in the Declaration of Condominium for Coon Key Pass Fishing Village, a condominium, as recorded in Official Records Book 972, Page 210, et seq., of the Collier County, Florida, Public Records, as amended (the "Condominium Property"), which Pump Station is more particularly described in that certain Operation and Maintenance Manual dated August 2008 and issued by Q. Grady Minor & Associates, P.A.; and That segment of 4" force main pipe connecting the Pump Station to the 4" force main pipe owned by the City of Marco Island and located within the Utility Easement recorded July 24, 2013, in Official Records Book 4947, Page 3716, of the Public Records of Collier County, Florida (collectively the "Pipe'l. A portion of the Pipe is located within the Condominium Property, and a portion within the boundaries of the real property described in the deed recorded in Official Records Book 4734, Page 549, of the Public Records of Collier County, Florida (the "613 Palm Property"). Grantor has obtained and delivered to Grantee an easement of even date herewith to maintain, repair, and replace, as appropriate, that segment of the Pipe located within the boundaries of the 613 Palm Property. TO HAVE AND TO HOLD the same unto the Grantee and its successors and/or assigns forever. And the Grantor hereby covenants to and with the Grantee that it is the lawful owner of the said Personal Property; that the Personal Property is free from all liens and encumbrances; that Grantor has good right to sell, transfer, and convey the Personal Property as aforesaid, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto C 0) 0) C C W C N Q Q M Q r 0 Z Q -� N C N 0) C O C U U > 0) U to Q Q fn 0 C lf7 N Ol X 00 rn Q V Q 1• Z M Z 0) �C C a) Z � a O H -O rn N O Q C (n U Lin 0 N Rt N L O 14A M Sunday, October 25, 2015 N NAPLES DAILY NEWS ZOMBICON from lA But others in Florida disagree. West Palm Beady City Administrator Jeff Green, who used to work fm the city of Fort Myers and whose children attended ZombiCon the night of the shooting said he agrees human nnmre is unpre- dictable, but he does not endorse the argument that shootings like the Zombi - Con violence are unpre- ,rentable "Yw tailor your secu- rity to the demographics of the events that are taking place,- Green said "You do the best you an You try to make it as secure as yap an" Darrell 5 tefarry, a private event planner whose firm helpsput together the mas- sive Gaspanlla pirate fes- tival in Tampa, said there are common -sense ways organizers can work with city and law enforcement agencies to enhance safety for eventgoers Written se- curity plans produced be- fore events are among the practices in other cities not usedby Fort Myers Is it expensive. Yeah Is it something that adds to the cost of the event ex- perience? Yeah But what else we you going to do ?" Stefmy said "We live in a world today that these steps are becoming almost mazy dat ory and if you don't do it, you are nnm doing your due diligence" Neither the city of Fort Myers nor its police dr partment could produce a written report that out- lines ZombiCon's security plan Tampaand WestPilm Beach both said they re- quire written security piars andwithhoN themfromthe public under public remn ds can ex W t s definitely have meetings We definitely have written plans," said Stephen Hegarty,aspokes- Attendees are cleared off Hendry Street by Fort Myers police officers In dom om Fort Myers following a shoodng at ZomblCon that killed one and Injured five on Oct. 17 man for Tampa police de- "debrieCmeedngsafteran "Were seaaelyioadequ?Ce" cialevemsorganizerswith partnent."les not lik —te everILThedeparunentsad and should be expaMed at aboddet that spells not city starting from scratch" it only writes what are re- future events that draw procedures and includes Both the dtyofFort My ferred to by public safety thousantdsofpeople,Wrote permit applications The ens and its police depart. officials as -after-action Kevin Onorevole, Lee 38 -page booklet contains mentsaidsecuritypianswe reports" when "critical inn- CountyEMSsupery ,,in twopangrgsluthatexplain sketchedwtdurhgfacroo- cidentfhappen. atwo -page memo m Scott securitp responsbilities face meetings with event Tampa and West Palm 111ttle, LeeCounty'sonrrent and states a police officer organizers and members Beach officials said writ- deputy director of public is required where alcoholic of the city's special events ten after -action reports are satetyand chiefafEMS. bevenagesarebeingserved committee standard aftermajorevcvts After the 2012 report andaz"azrykxationdeemed The police department intheircities from Onorevole, Lee necessary by the Special pointed to the city public FortMyerspolice said the County "implemented car- Events O!iicu to maintain works department when Oct 17 shootinngg qualifies rest, acdons"Ibttlesaid order and protect persons asked to produce "any and as a aiti al ina'dem— the in a statement Friday. Lee and property," all permits and backup first simZombiConevent County continued to work Annyarndallsecurityre- documents" not limited to planners Pushing Dairies with the city of Fort My- quirementswillben —sed "applications, site plans, startedhostingtheeventin enandfin departmem"to by the city of Fort Myers breakouts of private secu- downtown city streets An ensureour staffug met the Police Department based city firm information" The after -action report is in the requirements of an esca- on the scope of the event," Fort Myers Community W`rks,polim said. latingeaen,"Ibtde'sstafe- =booklet booklet states Recreation deyartmen, Through the records anent said. "PrivateSecvrityfirmsmay which oversees the special inspection at Fort Myers 'The culmination ofour, be used if approved by the events committee, main- Community Recreation, efforts were evident in the city of Fort Myers Polio ninss for public review a the Naples Daily News ob- excellent response to the Deportment" manila folder including twined a 2012 after -action shooting that occurred FortMyerspolicedepart- cmpies of imnices for past report written by county during the 2015 ZombiCon ment has said it regmred ZombnCon off-duty police emergency medical sex- event I am very proud of ZornoCon's organizers to details but had no specific vices, nmtby police. the way Lee County Pub - pay for 25 off-duty police demilsonhowsecuritywaz At the ZombiCon event lic Safety responded to the officers and two supervi- hardled. held OCC 20, 2012, Lee 2015 even,°'Ibttle said in sons The department said FartMyenspolicednpart- County Emergency Medi- diesntement it provided three oeiars mentssaaiiddiitholdsinrpenon al Services resources Fort Myexsprovulesspe- atmchargebecausethey BRAND NAMES AT DISCOUNT PRICES F-Y- MODEL FURNITURE OUTLET j 7 3905 Radio Road, Naples FL ` (239) 434 -2227 wvnv.emfo.us Family Owned 8 Operated Since 1957 ' Mon.-Fri. 10.6 • sat. 10-2 V r_ bred Bert Fumi[urc Smrc a±..y � . -, Prelssspiul Mteri<r aeaigr 5e.v._es - -- ^g.- D,a�<eMSn.ASlbl,<gdootee7 saw,- <RCrnudex. Abed Aslo At thou Greek Orthodox Church 7100 Airport Rd. 7 -Weak, d g 1-- 6 Ongoir Gamss. S 16 Per lesion. S 10 per game,Pey-eayeugo.Teache.: Guy German Jim h_ Game Direefors: Guy German Leigh Moseley, Fobienne y ffl- -ridge Bask 4• Basic blddrtt$eovered in dap —tom 0.199 Game at 12:30 Saturday tgN..n ,Y12mA a5bas bmn 12Dmeotr,ig- racier ^o elm oadnakt --- s n>a,d aor.arya"e ra" o<� JI vo aa:•�ev -ca<o us x+erm, Winning Duplicate Tactics Ssa:cesNe �..prcply pb'rnxn l � .nm U,airst •.r ".p4V.rA,n b lad aggeuney arne+vGr -eA' au.+m- b txe ^vin v+c ya+s_- 'e!:arriynAti tor.�bnloy� -': ,a *Now' 0.20 Mooning Novice Game: Excellent practice • .xvs ,a --o,s: c x . ><m. � om-...: r,evoo. Improve your Declarer Play: Take all your tricks! s _ ^s V�9ra -c'x Nvvrar a P� -1' ,_ OA9er Mooning Game: Play & practice v:cre�.vs Nae -or < cm- NOOrvw sirs reeled. Bridge Basics 11: Modem Competitive Bidding T__, = 5. Via -11'37 'New' 0499 Game: Just Piety (life Masters allowed) 5.0X- -eb- 'L— reetlW. A'erro:n Olxamk Gores W4,ry I'.ru I.WN 100 19 AfflerlCBD Contract g'uy9'-rm.'®gmhI com or Bridge League call: 239- 910 -'4205 Webste w 8riigei'aubolNaptccmm MPIPAlE1y5.Com See previous ca4rage on the snoadng at 2ombicon. already were assigned to bicycle detail in the dowry town Police LC Jay Rodriguez said he decides how many officers should be assigned to special events and bases his estimates on his experi- ence and expected crowd sizes. Rodriguez said he could notpmvideawritten city policy that helps guide his determination In contrast, the city of Tampers "Customer Guide to Special Events" booklet hasasectiononsecuritydr tailardincktdesa "security servicespersonnel matrix" meant w help with the pbur- ning process The matrix is based on crowd sizes and cityordimm es. Under Tampa's matrix, ZombiCon, which was expected to draw about 20,000 during the eight- hour event, could have had anywhere from 18 to 60 se- curity servim personneL It would have been required to have supervisors on hard, too. Tampa rules state that a special event an be re- quired w have more secu n- tyandEMS persoomelinat- tendam ifitisdeten fined to have—extraordinary risk factors" such as pyrotech- nics, mush pits "or other ac... ppmmloos to public health1=1ety," North Fort Myembased Global Security Group lo- terrudorI which provid- ed security at ZombiCon in 2013 and 2014, withdrew from consideration this year because of the "lack of communication and disorganizationbefore the (2015) even," said GSGrs CEO Danel Costoulas. Argeli Chin, spokes- woman for Pushing Dai- zies, said the group decided togowithanoCher —fry company. "He is entitled to his feelings," Chin said "We were a bit surprised by hiscom —rds." PLBLIC NOTICE PLBLIC NOTICE PLBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING 'r -e c Ibl c is invited to aY,end a %eighbomood Information. Meeting held cy the App6can, Pelican Point at GoodWM. LLC. reCesenled by John PoduenInruky. of Davidson Engineering, Inc Monday, Novr nbn 9N, 2015 at S:OOpm Marco Island Branch Library - Rose Hai Meeting Room 210S . Heath —d! Drive Mary blond, FL 34145 Please be advised that the Apofcant is requesting to amend the apWopdate zoning atlas map or maps by changing the zoning classification of the herein described real erty prop from a general commercial with a GPodland Zoning Overlay (C.4GZO) zoning district to a Village Residential with a Goodland Zoning Overlay PM -GZO) zoning district fcr the project known as Goodland Rezone located in Block -Y'. Goodixnd Isles subdivision in Section 18. Township 52 South. Range 27 East Colter County, Florida. consisting of 1.70: acres: providing for repeal of Resolution No. 93- 549, a conditional use for boat storage And sales and by providing an effective date. IRZ- PL201500",0901J ,Starr •,p,{ Ioeclom r„o •c GOOUTAap WE VALUE YOUR INPUT Bus :mess and property owners, residents and visitors are welcome to .'.I-d the presentation and dis:uss the ^matt with the OvmeriDeveloP.. Davidson Engineering, Inc and Collier County Staff. If you are unable to attend this meeting but have questions or comments, they can be diected by mail, phone, fax our e-mail by Monday. November 9th. 2015 to the individuals lured bel- John Podczenvilsky Daniel James Smith, AICP Davidson Engineenng, Inc. Collier County Growth Management 42M Radio Road, Suite 201 2800 N Horseshoe Drive Naples, FL 34104 Naples, FL 34104 Phone: 239.434.6060 Phone: 239252.4312 Far, 239.434.6084 Far. 2392525158 Ernst joM ®davidsonenginewisg, Email danie1sm,rMco11iwgov.net Nc.Lfi$lifi Octaev�S, N!s NapjtVi :4)aftlj NtWS NaplesNews.com Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a dally newspaper published at Naples, in Collier Coun- ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# DAVIDSON ENGINEERING, INC Pub Dates October 25, 2015 I E r LNfi e." Nig_nKture of affiant) Sworn to and subscribed before me This :Z1C , 2015 (Signatur of affiant) 759386 LEGAL NONE J..� �. IVONNE GORI �� `;`�: Notary Public - State of Florida Commission # FF 900070 �rJ' "T; F:�" Ow My Comm. Expires Jul 16, 2019 Bonded ttxoupA National Notary Acm DE DAVIDSON E N G I N E E R I N G w1%w.davidsonengineering.com 4365 Radio Road, Suite 201 • Naples, FL 34104 • P (239) 434.6060 • F (239) 434.6084 Dear Property Owner: October 30, 2015 Please be advised that a formal application has been submitted to Collier County seeking approval of a Rezone for the following described property: 613 Palm Avenue, Goodland, Florida. The sender, John Podczerwinsky, on behalf of the petitioner, Pelican Point at Goodland, LLC, is requesting to amend the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a general commercial with a Goodland Zoning Overlay (C- 4 -GZO) zoning district to a Village Residential with a Goodland Zoning Overlay (VR -GZO) zoning district for the project known as Goodland Rezone located in Block "Y ", Goodland Isles subdivision in Section 18, Township 52 South, Range 27 East, Collier County, Florida, consisting of 1.70± acres; providing for repeal of Resolution No. 93 -549, a conditional use for boat storage and sales and by providing an effective date. [RZ- PL20150000901] 6 MANGO AVENUE o 16 9 p 18 15 14 13 12 11 10 9 8 7 6 6 4 3 N., 1A 2A SA ➢ 17 18 1B 20 21 24 Z 26 27 2B 29 30 O BA Y YQC 12 o COCONUT AVENUE 7 13 O x 31 29 2a 27 26 25 4 23 22 21 20 19 18 17 16 15 14 13 12 It 10 9 8 SIT 37 38 E c LOCATION 2 3 4 5 6 7 8 9 10 11 121314,51617181920 21 2223 PALM AVENUE t 3 2 1A 1 2 3 4 5 6 7 8 910 11121314151617181920 PAS Ate. 31 32 33 BLOCK 'Y TRACT 2 29 KEY PASS CONDO NO Bl.001C ze TRACT 1 GOODLAND 9�Uf 190- HILL In compliance with the Land Development Code requirements, we are holding a Neighborhood Information Meeting, in order to provide you an opportunity to become fully aware of the request. The meeting will be held on Monday, November 9th, 2015 at the at Marco Island Branch Library, located at 210 S. Heathwood Drive, Marco Island, FL 34145 in the Rose Hall Meeting Room, beginning at 5:00p.m. Please contact me at (239) 434 -6060 ext. 3006, or via e-mail at john @davidsonengineering.com, if you have any questions regarding the meeting or the proposed project. Sincerely yours, John Podczerwinsky Project Manager Z() OW ez ;X W Ln O N O? r Z W Z O N W Z Q J O tO V a O O N O O O Of O Lo -0 O O N 0 a O � M ^� 00 (ILI CL � M UY °S Q o � o Y S o .S �,j M Q v ' ci o� O 111 co Z ((( ,7r-c7 M -t u-) O t-- 1 00 O O N c7 V c0 !l- co O O N O O O Of O Lo -0 O O N 0 a O � DAVIDSON E N G I N E E R I N G www.davidsonengineering.com November 20, 2015 4365 Radio Road, Suite 201 Naples, FL 34104 • P: (239) 434.6060 F: (239) 434.6084 MEMORANDUM TO: Dan Smith, Collier County Growth Management, Zoning Division FROM: Jessica Harrelson, Project Coordinator RE: Goodland Rezone PL20150000901 A Neighborhood Information Meeting was held on Monday, November 9th, 2015 at the Marco Island Library. The meeting started at 5:00 pm. The following individuals associated with the review and presentation of the project were present: • John Podczerwinsky, Davidson Engineering, Inc. • Dan Smith, Collier County John Podczerwinsky started the meeting by giving the reading the following presentation and took questions: * ** Please note that the presentation begins about eight (S) minutes into the audio recording. * ** • Good evening. My name is John Podczerwinsky with Davidson Engineering. I am the land development consultant assisting Coastal Engineering, and representing the applicant Mr. Inglis in the Zoning amendment application. • Per the land development code, tonight's meeting will be recorded. At the end of my presentation I will be happy to answer any questions you may have about the project. • Dan Smith with Collier County Growth Management Services is also in attendance tonight and is the reviewing planner for Collier County. • REGARDING the possibility of an informal "pre- meeting" at the Goodland Civic Association prior to the meeting on Marco- we have elected NOT to hold a separate meeting at the Goodland Civic Association offices because it is the intent of a Neighborhood Information Meeting for all interested parties to be heard equally, without any bias or special treatment. This is the meeting time and location that we were able to schedule, and get approved by the County, within a reasonable timeframe. Page 1 of 8 DE DAVIDSON E N G I N E E R I N G • fLightering (also called lighterage) is the process of transferring cargo between vessels of different sizes, usually between a barge and a bulker or oil tanker. Lightering is undertaken to reduce a vessel's draft in order to enter port facilities which cannot accept very large ocean -going vessels.) • Retail uses • Hotels and motels • Gasoline service stations with service /repair • Automotive services • Outdoor amusement and recreation services, such as fishing piers, houseboat rental, pleasure boat rental, operation of party fishing boats, and canoe rentals • The aforementioned uses will be vacated. • The remaining property rights will be limited to (up to) seven units • The maximum height permitted for building on -site is limited to 30 feet zoned height above finished grade. (in this case, measured from the FEMA elevation) • Access (Traffic): o The project, when finished, will use the existing driveway access to Palm Avenue, and access to individual lots within the property will be via a shared (private) access easement. Peak hour traffic is expected to be equivalent to the number of homes that are built, based on national averages. • Wrap Up: in summary • The proposed use will be less intensive than what is currently allowed on this parcel, and will eliminate many of the current possibilities that could occur on this site. • The proposed number of units has not been defined, but is expected to be three or four units, not likely the maximum of seven. • The maximum height on structures remains at 30 feet zoned height. • The project will not be open to the public. • No new vehicular access points are being requested. QUESTIONS: 1. When you say 30', do you mean above the land? What we would look at, 3' above the land? Response: This would mean above FEMA Flood Elevation for the site. Neighborhood FEMA numbers have been found at around 12.3; existing ground looks to be around 3' above mean sea level. 2. That would be about 35' above the ground level? Response: Audience member stated: "About 11 feet of dirt and then 30' above that. 44' High." Davidson Engineering replied: It could, but it's unlikely that this would be built up that high with dirt, speaking from a site development standpoint, because the elevation would be a pretty 'good size' change from 1-2', it would require retaining walls. Page 3 of 8 DE DAVIDSON E N G I N E ER I N G 11. That's assuming you have three different lots? Response: Yes. Yes. Or you could put 4. 12. Or you could put seven up there? Response: Here's what we looked at- when you split it into seven pieces, you have to look at special provisions - like reduced setbacks. Nothing like that is being proposed at this time — that's going to be 45' tall. At the zoned height, yes. It's unlikely that it will be, I think Mr. Inglis is probably looking to make sure that he can ensure those uses. [To Mr. Inglis] That's your intent here, isn't it? Response: Mr. Inglis: My intent is to not have a marina, docks that extend 180' out into Coon Key Pass, swimming pools, and hoo -ha. My intent is to just to have it a residential environment. All that other stuff is dependent on the developer, the land owner, I just want to get the change from commercial to residential, and I'd like to sell it. If 1 break even IT be happy. Beyond that, it's whatever the laws and rules are, and we'll have to follow them. 13. Now there's a canal between Palm & coconut, a lot of us have our boats in there. And so, coming out of the canal, we get into the Big Marco River. Is there anything that's going to be done at the entry way to the canal? Is there going to be anything done there? Is it going to obstruct boat traffic? It's really narrow right now. Response: As a result of the zoning change, I can't relate anything back to the zoning change. The zoning change is by itself. If there are dock rights that are there today, they would remain unchanged, with one key exception. They would not be commercial. It cannot be a marina. 14. But the building that's planned, I assume cannot carry out an obstruction to marine traffic going out of that canal? Response: It would be no different than the State requirements for everybody else along that canal, to occupy more than a certain percentage of the canal, they have to stay within the State limits and remain, like other single family units on this canal. There's no change to that, proposed. So whatever the rights for a dock along that frontage would be today. If they have a right to a dock today, then, that right would not change as part of this rezone action. If there are no riparian rights in there, for a dock to be installed, then those would remain unchanged as well. We haven't investigated whether or not there is a possibility, through the zoning, to install a dock. 15. Audience — It would be nice to know that. Well especially since the opening is maybe 20' wide, I can't foresee how you could, mess around with that distance. I mean, that would be a real 'no- no' as far as I'm concerned. [Different audience member]- I think the two of you answered the question, but I want to make sure- Jim I believe said it - The last sentence or two of the original letter it says 'conditional use for boat sales and storage by providing an effective date.' Are you saying that you make the change in the village, and that part's going to go away? Or is that saying, you're going to have rights to it? Your last sentence, in the very first paragraph, says 'a Page 5 of 8 ®E DAVIDSON On Google Earth this property is general between 1 and 3 feet elevation. So, the finished floor elevation, no matter what, would have to be, the permanent structure, and would have to be roughly 7 or 8 feet above the ground level? Pretty typical for Goodland where a lot of people have stilt homes. 22. Audience —Again, that's a problem, what you just said, that's not a true [inaudible]. Their base, their foundation has to be above the FEMA flood level. You're going to build, now let's try and keep this factual, If you're going to be able to build above after you've raised the soil which you're saying is 10 to 11 feet. So it'll be 40' higher, on top, if we were able to build it max, you'd be 40' above where the land is right now. I know this because I own, I don't own, in my base, my concrete foundation, is at 12 feet above mean sea level, which is the FEMA code. Jim, could I ask you how tall your house is- just trying to get some idea of what 42 feet means. Would it be like I asked originally, would it be sort of like a carport and then two living dwellings above it? I'm just getting some idea of ... I think like a carport, and then two stories above that. So basically three stories. That's what I just wanted to know was what does 42 feet mean, it means three stories. Response: Yeah, there are a few different definitions in the Land Development Code about individual roof height. It depends on the type of roof you use, as well. Whether you use a peak rood, or a parapet roof, there are different ways of measuring roof height. 23. The owner's intention is, not to really go and build houses right now, it's to just get changed to residential? Response: [Mr. Inglis] You see all the possible uses a commercial property could have. I wouldn't want any of those as my neighbor. That's all I want to do. Everything else is, I want to change it to residential, and the some as everything else in Goodland, whatever people have to do, and they need to follow the rules. I'm out. 24. So what happens after you sell the lot is up to the guy who owns the lot. Response: [Mr. Inglis] He'll have to follow the rules like everyone else. (DE]- I'll tell you guy's this, too. And Jim, forgive me if I'm going too far.... We've also had some discussions about what we're giving up, here. We're not, as the planning and engineering firm, we're not really an advocate of limiting rights through any zoning. The reason why is because they're very difficult to change, very expensive to change in the future. Should you have something where you may be, you know, 6" above your zoned roof height, it's difficult to change those things. You'll have to go through a variance process, a very extensive public hearing process, and sometimes you'll see that those sort of things aren't in the best interest of the buyer or the seller. Some of the initial discussions that we've had about additional restrictions on the property was that if Jim chooses to have deed restriction, it's on his own. Again, it's his discretion as the landowner. 25. He would like to be able to change the zone so that he can break it into 3 separate lots, up top 7 separate lots, and then sell those lots individually to different people. Am I correct? Response: Yes. Page 7 of 8 00 X O N S d 0 E 0 as a� 0 N O m CL 0 a 0 a) .s a� a� z° CL :? I�pc R� ° p a' •p � vii W =p° �o�.00z z E- U N a o �a•3�a �, > U -0 LUU '0 ii O N °"�'�°•'v � 3 aW z•° Z 0�o���� > ... N F. � p•n CC C•�� �M p v v p v L-7 N W Z ��•p v �a QM Q Z Q cc Q c r a G C W cl CY O C°Cca �� Q C O p > v U" "C .w � LIJ Ate' o Z s. m I p .. cc O� U c pw r ��� Q z �a•�epaa�ocd W zF- �� Cz oU R.3�p � � M. •N �Lf Cl Ct bA rte. C , N wl Ic �-. MCI p p O .p Z fs. a OCCeQ dUrs,w0o� v "' .� ^UMz ii I M-1 lk 41 f '4k 1 44 At' Ul ul ii I M-1 lk 41 f '4k 1 44 Ul ul tu L;-e ® J C C _ � Q;A ii I M-1 lk 41 f '4k 1 44