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Agenda 11/25/1997 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 25, 1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUB~'ECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COI. FNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WttO DECIDES TO APPEAL A DECISION OF THIS 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 TESTI2'dONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LLMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY T~E CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING LMP~D ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. INVOCATION - Re','. II. Petcr L)'berg - Shepherd ofthe Gladea Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF NtINUTES October 28, 1997 - Regular meeting. B. November 3, 1997 - Joint City-County Workshop. C. November 4, 1997 - Regular meeting. PROCLAMATIONS AND SERVICE AWAI:LDS A. PROCLs,MATIONS 1) Proclamation proclaiming: Monday, December 1, 1997 sa World AIDS Day. To be accepled by Charlene Wendel, President and CEO of Planned Parenthood of Collier Count)' and Russell Fox, member of the World AXDS Day Committee. Proclamation recognizing Karen Bishop of Professional Management · Services, Inc. for her volunteer eff0r~ll.on the development of Sugden Regional Pa'rk. To be accepted by Kartn Bilhop. B. SERVICE AWARDS 1) Noemi Fraguela- EMS- 10 years 2) Kelly Pier~on - Library - 10 years 3) Teresa Thomas - Airport Authority - I0 years 4) bIichael Widner- Library' - $ years 5) Timothy J. Constantine - Board of County Commissioner's - 5 yearn 6) John C. Norris- Board of County Commissioners- $ years C. PRESENTATIONS ~' Pre~en'tali.on of "Phoenix A~vard$' to recognize EMS Paramedics, who through their skill~ and knowledge, have successfully brought back to life an individual who had died. APPROVAL OF CLERK'S REPORT ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS CouNTy ADMINLSTRA;F'OR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Community Development and Environment~.l Services Division slaff report on a proposed work program to investigate alteraatlve ~sidentlal density ~cenarioa and the resulting transportation network impacls. PUBLIC WGRKS 1) Prt~ent ,tdditlonal information regarding the Road Impact Fee for Iht Sports Authority Building as ~zquerted by the Board, and Io request approval of the Road Impact Fee. 2) Rccognize, approve and appropriate a portion of the Marco hland Beautificztion M.S.T.U. Fund 131 Reserves for continued median land,cape refurbishment on South Barfield Drive. 10. 11. 3) Approve a recommended light/nil option for the U.S. 41 Widenlng Project bct~veen Airport Pulling Road and Davis Boulevard, a Florida Department of Transportation Project, that is currently under construction. 4) Award construction contract to Steve ~ Clapper & Associates of Flo~da~ Inc. for Imperial WesffLandmark £states drzinaile improvements, Bid No. 97-2.738. C. PUBLIC S£RVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY COUNTY ATTOIL~iEY'S REPORT A. Re~olutlon ordering and calling for the initial election of membem to the Board of Supervisors ol' I..tly Community Development District by qualified electorn, to I~ held by paper ballot on Januar3' 6, 1998, as ~t forth in Section 190.006, Florida Statutes, aa amended. BOARD OF COUNTY COMMISSIONERS A. Board direction regarding proposed Bayshore-Avalon Municipal Service Taxing Unit. B. Landfill siting and allernafive. (Commissioner Constantine) OTHER CONSTITUTIONAL OFFICERS A. Discu.~sian of the Court Administration contract and the responsibilities of the Clerk of the Circuit Court. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF iTEMS 12. ADVERTISED PUBLIC BEARINGS - BCC A. COMPREHENSP,;E PLAN AMENDMI'7. NTS 1) Consider transmitting to the Department of Community Affair$ for review Petition CP-97-02, Bruce Anderson and Robert Duane representing Jim Colo~imo, Trustee, requeating to amend the Golden Gate Area Magter Plan by adding a new district to be known a~ the Pine Ridge Road Mixed Use District and by Increasing the maximum area allowed for conditional u~e$ for properly located west of Naples Gateway PUD on lhe north ~ide of Pine Ridge Road. ZON~iG AMENDMENTS 1) Petition PUD-89-19(I), Karcn IL. Bishop of PMS, Inc., of Naples represcnling Mr. William Schweikhardt, Trustee, requesting an amendment to the Donovan Center PUD, having the effect of repealing and readopting a new PUD and Master Plan for property located at the southwest intersection of Inter~tate '75 and Lmmokalee Road (C.R. 846) in Sec. 30, T48S, P.26E, consisting of 47.0 acres. 2) Petition PUD-86-10(4), Barbara A. Cawley, AICP, of Wilson, Miller, Barton & Peek, Inc., repre~nting Owen M. Ward, Trustee, requesting a rezone from PUD to PUD for the Planned Unit Development known aa Stiles by amending the PUD Master Plan as required by Sectlon 2."/.3.4 of the Land Development Code for property located on the south side of Immokalee Road (C.R. 846) approximately i/, mile west of the tntersectio,, of I-./S and Immokalee Road in Sec. 30, T48S, R26E, consisting of 18.1~1 acres. ~) Petition PUD-96-11(2), Karen Bishop of PMS, Inc., of Naples representing Pelican Strand LTD., requesting a PUD to PUD Planned Unit Development having the effect of amending the Pelican Strand PUD for the purpose of adding a communication tower as an authorized land use and amending the Master Plan for property located on the northwest corner of Intcr~tate ttighway '/5 and Immokalee Road (C.R. 846) in Sees. 18 and 19, T.18S. R.26 E. 4) Petition R.97-6, Dominick J. Amico, Jr., representing .3227 South Horseshoe Limited, requesting a rezone from "I' to "C-$" for property located in Collier Park of Commerce (East Naples Industrial Park) near lhe nor'thwest corner of South Horseshoe Drive and Airport-Pulling Road (C.IL 31) in Sec. 35, T49S, R2$E. s) Petition PUD-90-32(I) R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley Sec'ice Station, Inc., requesting a re:tone from "PUD" and "R~MF-12" to "PUD" for property known a~ '~Ashley's Scm'ice Station" Planned Unit Development for the purposes of adding Lot #19 to the boundaries of the pro.ieee; eHmlnating all service station repair uses and converting the existing ser','ice area into a fast food restaurant and revising the Master Plan for property located on the lmuthwest corner of Golden Gate Parkway and 47's Street in Sec.. 27, T49S, R26E, containing 1 acre, more or less. C. OTHER 1) Petition CCSL-97-3, HarD' Huber from the Office of Capital Projects Management, representing the Collier County Board of County Commissioners requesting a variance from the Coastal Construction Setback Line (CCSL) to allow for maintenance dredging of Wiggins Pass and to place beach compatible ~and on the beach at Lely Barefoot Beach and Dclnor Wiggins Pass State Recreation Area. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS 1) Petition CU-97-23, Geoffrey G. Pur'~ representing Faith Community Church requesting Conditional Use ~1" of the "E" Estates Zoning Distr~ct for a church for property located at 22'~ Avenue NAV and Oakc~ Boulevard in Sec. 29, T4§S, PO. 6E, consisting of 4.99 acres. Petition V-97.11, Richard K. Bennett requesting a 2 foot after-thc-fact variance from the required rear setback of 10 feet 1o 8 feet for a double frontage (through) lot located at 4159 Robin Avenue, further dcsczibed Lot I 1, Block C, Flamingo Estates la Sec. 1, T50S, R25E. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COblblISSIONERS' COMblUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion ~'ithout separate discussion of each item. If di~:ussion L~ desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Bo Co COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water, and ~ewer improvements for the final plat of *'San Miguel". PUBLIC WORKS l) Approval of a Resolution to execute a Joint Project Agreement with the State of Florida Department of Transportation wherein Collier County agrees to maintain proposed highway lighting improvements to SR 29 in the vicinity of SR 82. 2) Approve in concept the Big blarco and Capri Pass Inlet Management Stud)' and authorize submit:al to the State of Florida Department of Enviromnental Protection. 3) Award contract to Better Roads, Inc. to construct sidewalks for Countywide Pathways II Project, (Georgia Avenue, Martin Street, Trammel Street and Lombard)' LaneYOuter Drive), (Bid 97-2744). PUBLIC SERVICES SUPPORT SERVICES 1) Approval to award Bid #9%2747 "Reroofing Buildings C1/C2 (Tax Collector's and Property Appraiser's Buildings) to Collier County Roofing, Inc. 2) Consideration of creation of an Impact Fee Ordinance for the Isle of Capri and Ochopee Fire Control District~. 17. F_ COUNTY AD blI2NISTRATOR 1) Budget Amendment Report F. BOARD OF COUNTY CObIMISSIONEKS G. MISCZLLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEbfS TO FILE FOR RECORD W1TB ACTION AS D IR.E~D OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners Approve Budget Amendments to Finalize Fiscal Ye,r 1997 Debt Service Appropriation.- COUNTY ATTORNEY J. AIRPORT AUTFIORITY ADJOURN ]'NOUFRFES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE blADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. AGENDA CHANGES BOA R D 0 F CO UNT Y COMMLg.~IONERS' MEETING NO VE31BER 25, 199 7 MOVE: ITEM 16(B)(2) TO 8(B)(5) - Al)prove in concept, the Big Marco and Capri Pass Inlet Management Study and authorize submittal to the State of Florida Department of Environmental Protection (BCC request). ADD: ITEM 8(E)(1)- Agreement between the City of Marco Island and Collier County for a tempora, ry Interim City Manager (StaWs request). DELETE: ITEM 5(C )(1) - Presentation of Phoenix Awards to recognize EMS Paramedics. (Staff's reque.~t). O C LA M_A T I O IV WHEREAS, the global spread of HIV infection and AIDS necessitates a worldwide effort to increcse communication, education and action to stop the spread of HIWAIDS; and WHEREAS, the Joint United Nations Program on HiV/AIDS (UNAIDS) observes December Ist ofeach year as World AIDS Day. a day to expand and strengthen the worldwide effort to stop the spread of HIV/AIDS: and WHEREAS, UNAIDS estimates that 21.8 million people are currently living with HIE/AIDS, with children under the age afl5 years accounting for 830, 000 of the cases; and WItEREAS, the American Association for Worm Health is encouraging a better understanding of the challenge of HIV/AIDS nationally a.~ i: recognizes that the number of people diagnosed with HIT/and AIDS in the United States continues to increase, with 581,429AIDS cases repot:ed (as of December 31, 1996); and WHEREAS, World AIDS day provides an opportunity to focus on HIV infection and AIDS, coring for people with HIV b~rection and ~tDS, and learning about HIV/A1DS; and '~ -,~ '-. ':~ .. "~ .... %.". WHEREAS, the I997 World~liDS Day theme :'Give Children t'[oP'~ !in a World with ~lIDS" ir urges the w'orld to contemplate the lo'ng-term repcr. .cussions of the ~lIDS ~ recognizes that Oei)4ane can do Soh;ething ab°~t, th~ pOndemic through tzreven:io~ education and cotThoasslon,' ~ emphasizes the hope offinding the ~eans t~ preve.~l"~nd'cure HIW/IlDS in {. th~ ultimate proxpeCrof mi~m~'ing thc impact ofth~ eptdemic on children, ..'..'the~r famdte~ and their commumHes. ,~.~,, ~" ~, ~ , .' :::'. "· · '... , ~i ' :' ' 'x; :.'; ',. . : ' : : ' ': , ~; ~ ". · . .X NOW THEREFORE. be it pr3claFned by the ,.ehsard bf Counry Comin~$t°n~rs of Collier · "' ' '"'' ":" ' '"atedax Cbttn¢ Florida, t/mt .M. o/idi~', December l, 1997. ' ~: :' :~ ~ ;.,, ~.~. cL WORLD AIDS DA Y . and urge all citizens :to talci ~ in act~vqti&x and o[~servances designed to Increase cr)vcYent'sl and under~t'a'ndlr, g of'.rZ~/AIDS as a global challenge, to take part in HIV//lll~ jxecentl6'n activtttex Jnd programs, crud to jofn the global effort to grcvent the furthtr spread of HIV/A IDS. DONE AND ORDERED Tills 25th Day of November, 1997. AGENPA ITEM 1 NOV 2 § 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUN'I~, FLORYDA TIMOI~-,~/L.~H]~NCOCK, AI. CP, CHAIRAMAN WHERE,& WttERF_a& PROCLAMATION Sugden Regional Park will be the first true regio~ml park irt tim County's park system; amt the Park is tlie result of a grass roots community effort im'olving many different groups and individuals from throughout the County; and the work involved in readying the facility for construction included the coordination ora number of different paid and volunteer professionals; and the work of preparing this site for construction also required a working Ionowledge of, relationships with, and many hours devoted to obtaining permits from Collier County, the South Florida Water Management District and the Army Corp. of Engineers; and the work done to design, permit and develop construction bid documents for this project would have cost Collier County taxpayers an estimated $150,000; and all volunteer work was initiated, organized and professionally accomplished by Ms. Karen Bishop of Professional Management Services, Inc., at no cost to County Government, the taxpayers or the children artd families who will use and ultimately enjoy this park NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that a great debt of gratitude and appreciation is owed to Ms. Karen Bishop of Professional Management Serviccs, Inc., for her tireless volunteer efforts on behalf o fall County residents to coordinate and personally work to dcsign, permit and demelop construction documents for the Sugden Regional Park project. DONEAND ORDERED THIS 25th Day of?Zovember, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTE FLORIDA TIM0'D{Y L. HANCOCK, AICP, CHAIRMAN DWIGHT E. BROCK, CLERK AGENDA .ITEM No o __.~_~_~.~_._ NOV 2 5 997 EXECUTIVE SUMMARY COMblUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DD, qS1ON STAFF REPORT ON A PROPOSED WORK PROGRAM TO INVESTIGATE ALTERNATIVE RESIDENTIAL DENSITY SCENARIOS AND THE RESULTING TRANSPORTATION NETWORK IMPACTS. OBJECTIVE: StaWs objective is to model reductions in the urban area population buildout scenarios in an attempt to reduce the long range transportation needs of the community. CONSIDERATIONS: On October 28, 1997, the Board of County Commissioners directed staffto prepare a work program, budget and time-line for the task of reevaluating the urban area buildout population forecast and long range transportation needs. Specific objectives identified include the ultimate reduction in density and population of the urban area, and the elimination of undesirable transportation network features such as 8-lane road segments, elevated cross-seclions, and urban expressways. Staff has preliminarily identified four distinct project phases. In phase 1, staff will identify the population that a road network will support, which will require no greater than 6-lane road segments and result in intersection crossing volumes which warrant no elevated cross-sections (fly-overs). Once the supportable population is determined, phase two will involve reevaluating the approximate 200 traffic analysis zones (TAg's) in an attempt to realistically estimate buildout population based on known land use and demographic information and logical assumptions of development patterns since the preparation of the initial 1992 buildout data set. This phase will also involve a critique of the buildout transportation network to determine whether a more optimum network can feasibly be developed and whether a reduction in population to phase one levels is attainable. Ti'ds phase can be completed in approximately 30-45 days from completion of phase one. It is anticipated that the computer modeling in this phase will be completed by consulta~ts under a FDOT contract and will not result in any direct costs to Collier County. Phase three will involve the analysis of the phase two model results and should include a much more detailed analysis of specific intersections where the model results indicate that vehicle crossing volmnes warrant elevated cross-sections or other intersection improvements. This project phase should also include a local road network analysis to determine system-wide benefits of increased local road connectors. Both the local road r. etwork analysis and intersection analysis are beyond the scope and capability of staff's modeling expertise, therefore, transportation engineering consulting assistance will be likely in this phase of the project. During this phase, staff will identify the ~otential for HOV 2 5 1997 incremental transportation improvemenk; such as c'nhanc~ traffic signalization and/or impact of transit ridership. Th. is phase will also explore the feasibility of making adjustments to existing zoning, Growth Management Plan, ~d land development regulations to effect er&ancements to the transportation network. Staff estimates that this phase may take three to four months to complete, depending on the ultimate cnst of consultants and whether formal bids must be accepted for thc project. Phase four will include the compilation of information from phases two and three and present a final list of specific tasks necessary to effect a reduced urban area buildout population and revised long range transportation needs assessment, including financial and legal implications and time-flames for completion. Phase four can be completed in approximately 30-45 days from the completion ofpha.se th.rec. GRO~,WrI-I MANAGENIENT IMPACT: This exercise has no growth management impact. However, depending on the results of the analysis, modifications to the Plan may be warranted. FISCAL IMPACT: Phase one of this analysis will be completed by utilizing existing staff resources of the Planning Services Department and Metropolitan Planning Organization. Phases two and three will likely involve the need for consulting engineering assistance to perfcrm more detailed models of the transportation network. No specific cost for these phases can be established until phase one is completed. RECOMMENDATION: Staff recommends that the Board of Commissioners direct staff to proceed with the project as outlined above and return with project updates upon completion of each phase. Prepared by: ' c_ .. DONALD W. ARNOLD, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT Reviewed by: VINCEN~T A. CAUTERO, AICP, ADMINISTRATOR COMMUNIIY DEVELOPMENT & ENVIRONMENTAL SERVICES DM: ZION ~G[~ql~ ~ No. ~ NOV g 5 997 EXECUTIVE $1JIvlMARY PYLESENT ADDITIONAL INFOP~Ai'ION REGARDiNG THE ROAD IMPACT FEE FOR THE SPORT~AUTHOPJTF BUILDING AS F~QUESTED BY THE BOAR:D AND TO P~EQUEST APPROVAL OF THE ROAD IMPACT FEE. OBJECTIVE: To corr, ply with thc Board's request made at the October 2l, 1997, Board meeting for additional information reg~ding the computation of ~c road impact fee for the ,?ports Authority building and to request the Board ratify staWs road impact fee computation. (~0N$1DE..EATIONS; At the Board's October 21, 1997, meeting, staff presented a request for an after-the- fact approval ora road impact fee for the Sports Authority building on Pine Ridge Road. This action was prompted by the opinion of the Clerk of the Court that the April, 1996 individual road impact fee was actually an alternate road impact fee and should have been reviewed and approved by the Board of County Commissioners. The Board, after hearing staff's presentation, requested clarification of the difference bet~'een an alternate road impact fee (Section 2.03 of Ordin~mce 92.22, as amended) and an individual road impact fee (Section 3. l0 of Ordinance 92-22, as amended). In addition, the Board requested that staff provide additional detail with respect to the engineering data, presented by the Sports Aumority engineering consultant to staff, upon which staff based its road impact fee calculation. Attachment No. I is a briefing paper which provides background av.d definitions for both alternate and individual road impact fees. In addition, a synopsis of the Sports Authori~.' road impact fee calculation is provided. Based on the infon-nation presented by the Sports 4uthori9' and based on staff's independent research and calculations, staffhas concluded that the road impact fee as determined by the use of the data supplied by the Sports Authority is the same as it would have been if staff had performed the measurements. Regardless of the definition used to classify the road impact fee, an alternate fee or an individual fee, the results are the same. On this basis, staff resp,'ztfully requests the Board's ratification of the Sports Authority alternate road impact fee as determined in April, 1996. F!~CAt, IMPACT: Computation of the road impact fee as set forth in Appendix A of Ordinance 92-22 would have provided a fee of $75,393.54 (Category 27. Retail - 50,000 SF or less @ $1755/1000 SF). The alternate road impact fee paid was S24,352.36. The alternate road impact fee calculation will not adversely affect the Road lmpact Fee District I, North Naples, (33 I) revenue stream. GROWTH MANAGEMENT IMPACT: RECOMMENDATIONS: That the Board approve the alternate road impact fee for the Sports Authority a~d ratify staff's computation of fee. Attachments: No. I - Road ImDact Fee Information Briefing Paper Road Impact Fee Informatio,n. The following outline and summary in.formation has been prepared to serve as a background briefing for Ordinance 92-22, as amended, the Collier County Transportation Impact Fee Ordinance (the "Ordinance"). It is the intent of this paper to provide information with respect to the major variable parameters used in calculating a road impact fee, the basis of the rates set fo.-th in the Ordinance, an explanation of the difference between an "Alternate Road Impact Fee" and an "Individual Road Impact Fee" a~'ld, finally, the basis for staff's det,:,mination of the Sports A uthority road impact fee. Outline: · .':~asis t,f Fees A. Mai or Variable Parameters 1. I'l ip Rate 2. Trip Length 3. Percent New Trips Added to Netxvork II. Rate Table - Appendix A A. Categories B. Relationship to ITE Land Use Codes III. Alternate Road Impact Fee A. Definition B. Application IV. Individual Road Impact Fee Definition B. Application V. Sports Authority Independent Study VI. Exhibits No. 1 - Appendix A- Rate Schedule No. 2 - Sample Transportation Impact Worksheet No. 3 - Letter of March 19, 1996, to Sports Authority representative providing information of major variable parameters for report No. 4 - Letter of April 8, 1996, from Sports Authority representative transmiuing engineering report to the County. No. 5 - Letter of April 23, 1996, to Sports Authority representative providing letter of no objection to the use of reduced trip rate Page 1 of 7 I. Basis of Fees A. Major Variable Parameters 1. Trip Rate The trip rate represents the average number of trips generated by each land development activity on a daily basis. Typically, the Institute of Transportation Engineers Trip Generation publication is u~ed as the source of this type of information. The published information is supplemented by site-specific 3tudies and by trip rates established in other road impact fee ordinances and incorporated into the Collier county Ordinance by reference.. Traffic generators cxlt/bit bott~ site-specific and use-specific characteristics. For example, a small restaurant in a much larger shopping center would be expected to generate fewer trips than a free-standing restaurant of a similar size and type. This apparent contradiction stems from the definition of the tr/p type. There are several trip types. In addition to primary trips generated by a particular land use, there are three other trip types which may enter into the determination of travel generation. These are "diverted linked trips", "pass-by trips" and "captured;' trips. Diverted-linked trips are those trips which are diverted from a direct approach to or from the traffic generalor on other adjacen;, streets. Pass-by trips are those trips which are made as intermediate stops on the '*'ay to or from a primary destination. A diverted-linked trip is where a vehicle would have to leave the main arterial and travel on another arterial or a local street to get to the final destination. For example, if one left the Courthouse to get to the Carillon Shopping Center and made a stop at the Goodlette Road Post Office on the way, the post office stop would be considered the diverted-linked ~p. A pass-by trip i.~ `*'here a 3top is made, for example at a coffee shop, on the way to work in the morning. The coffee shop would not be "charged" with the trip since it was neither the origin nor the final destination. A captured trip is one where the trip has no impact on the arterial roadway system. For example, if someone living on Duchess Court in Kings Lake drove to the Kings Lake Square Shopping Center via Kings Lake Boulevard and Baron Lane, that trip would be considered captured internally and would not be a new trip on the arterial roadway ne~,ork. Page 2 of 7 2. Trip Len~h Trip length is used to estimate the demand for transportation associated w/th a land use. Reasonable estimates of the typical length of grips to and fi.om a development are necessary to establish equity between the fees charged for the various land uses. For example, if two different types of development generate the sa.me number of trips, but trips fi.om one development are longer than those from the other, the first development places a greater demand on the road system, consumes more of its capacity, and should be charged a greater fee in the interest of equitably assessing various types of developments. The trip length is the average distance traveled between the origin of a trip and the destination point of that trip. Distir, ctions are made among work u-ips, home trips and social/recreational trips. The distance one might travel for these differing trip types will affect the average travel length for a particular land use. For instance, one might travel further to shop at a mall offering a large selection of stores than one would travel to a supermarket offering goods similar to other supermarkets in differing chains. The length of trips used to compute an impact fee has been described as hhe "assessable" trip length. The assessable trip length refers to the portion of the total trip length that is new travel on the arterial and collector system. No assessment is made for trips that are captured. Only the length of the diversion is assessea for a diverted-linked trip. Local street travel is also excluded as is the portion of travel on the interstate system. Percent New Trips Added to N'em'ork The percent new trips factor recognizes that some trips going to a new land development activity do not introduce additional travel, but are either captured or diverted as defined above. Thus, the percent new trips factor used in the impact fee equations represents the percent by which the trip rate, as defined abo':e, is multiplied to estimate the proportion of new trips generated by the new development that add new travel to the roadway network. For example, single-family homes are estimated to generate 100% new trips since all trips generated by that land use are assumed to originate at that location. However, general office use is estimated to generate only 92% new trips since a small portion of trips originating at office use may be diverted, pass-by, or, in an office park setting, captured. IATTACHMEN! NO. / PAGE -~ OF / ~ -, Page 3 of 7 II. Rate Table - Appendix A A. Categories Ordinance 92-22 established eight districts for simplicity in admin/stering the collection of the fees. The land use categories set forth in Appendix A of the Ordinance (Attachment No. 1) were adopted to facilitate the computation of the fees and to supply consistency for like uses in different locations. There are two general divisions of uses: residential and commercial. Within these two broad areas, there is more detail. The residential consists of typical residential dwe!ling types, such v:s single-family detached house or condomirfit.urv'tow~ouse. The remainder are classified as lodging, such as hotel and motel. The commercial division includes recreational, institutional, offic,:, retail, service, and industrial/agricultural uses. 'there are a total of 49 la,nd use categories in Appendix A. Road impact fee computations using the categorical land use provides a degree of consistency as a result of definitions found in the Ordinance and in Section 6 of the Collier County Land Development Code. B. Relationship to ITE Land Use Codes With the exception of three of the 49 categories lis:ed in Appendix A (Convenience Store <3000 SF, Auto Repair/Body Shop and Car Wash), the recommended trip rates are as set forth in the I/E Trip Generation publication. Ifa land use is proposed that is not either in one of the Appendix A categories or is not listed in Tr¢ Generation, then a site-specific calculation using the same equations as used in the Ordinance is performed. there are two general types of projects for which site-specific road impact fees can be developed. One type, a proposed use not listed in either Appendix A or Trip Generation, is termed an Individual Road Impact Fee and the computation is governed by Section 3.19 of the Ordinance. 3.'he other type is a proposed me consistent with a category listed in Appendix A. or Trip Generation, but where the applicant believes that the use will not provide the impact determined by ',he Ordinance. This is termed an Alternate Road Impact Fee and the computation is govern.ed by Section 2.03 of the Ordinance. Page 4 of 7 III. Alternate Road Impact Fee A. Definition Ordinance 92-22 provides the following del'tuition: "Alternative Road Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the Board pursuant to Section 2.03 or Section 3.07. Section 3.07 refers ~o Review Hearings adjunct to an applicant electing to pay the fee set forth in Appendix A or calculated using the worksheet, wt-fich payment is made "under protest". The procedure for such a review hearing by tl:e Boxrd of County Commissloners fully set fo~h in Section 3.07. Section 2.03 refers to the calculation of alternative road impact fees when an applicant believes that the proposed development, although meeting the definition of one of the cztegories set forth in Appendix A, will not provide the impact to the roadway network wh.icl: would be provided by the application of the fees set forth in Appendix A. B. Application Typically, when an applicant wishes to propose an alternative road impact fee an initial inquiry is made to the Transportation Services Department. This inquiry usually results in a meeting with the developer's representatives to determine the most appropriate means of meeting the criteria set forth in Section 2.03. There may be agreement that one or more of the three variable parameters (rate, length, percent new trips) in the Ordinance will be used. The other parameter(s) will then be tested by the applicant using an agreed upon methodology consistent with the intent of the Ordinance. After the applicant has performed the necessary, engineering studies to provide data to support his hypothesis, staff reviews the study and performs its own analysis. The staff' analysi-~ is usually limited to a confirmation of the data and methocks presented by the applicant. This rather cursory review is a consequence of staff resource constraints. The engineering study submitted by the developer is required to be performed under the direction of a Florida Professional Engineer specializing in traffic and transportation engineering. The most recent application of t.hJs provision of the Ordinance to come before the Board was a request for an alternative road impact fee by the developer of the VillageWalk project on Vanderbilt Beach Road Extension (Agenda Item 16B4, dated October 1, 1996). This request was approved by the Board and reflects a change in road impact fees to reduce the fees for single-family, multi-family and condo/townhouse dwellings. Page 5 of 7 IV. Individual Road Impact Fee A. Definition Ordinance'92-22 provides the following defmiticn: "A. In the event a Road Impact Construction involves a land use not contemplated under the Impact Fee Land Use Categories set forth in AppendixA, the County Manager shall calculate the appropriate Impact Fees utilizing the methodology contained in the Impact Fee Study adopted by Section 1.04. The County Manager shall utilize as a standard in iris determination the Vehicle Miles of Travel in the most similar T~p Generation Land Use Category or any other generally accepted standard source of transportation enginesring or planning. B. In the event a Road Impact Construction involves a Mixed Use Road Impact Construction, the Count)' Manager shall calculate the Impact Fees based upon each separate Impact Fee Land IJse Cat,:gory included in the proposed Mixed Use Road Impact Construction." Note: Emphasis added. The term "Road Impact Construction" is defined in the Ordinance as an>' construction which will contain more dwelling units, buildings or floor space than the existing use of the land, or would other~'ise change the use of she l-,znd in a manner which increases the generation of vekicular traffic. The term "Mixed Use Road Impact Construction" is defined in the Ordinance as any construction in which more than one Impact Fee Land Use Category is contemplated with each Category constitutinc a separate and identifiable enterprise not subordinate to or dependent on other enterprises ',v~thin the Road Impact Construction. B. Application Individual road impact fees are computed by staff. Typically, these types of uses range from fill removal off-site to commercial businesses that do not fall into one of the categories in Appendix A. Staff will require the applicant to provide documentation as to the anticipated number of new trips, the size of the facilit)', the estimated market area in terms of mileage radius fi.om the site, and any other pertinent in.formation staff believes is necessary to provide a reasonable indication of the potential impact of the proposed use on the arterial roadway network. Staff then uses the information supplied by the applicant or developed by staff as input to the Road Impact Fee Worksheet (Attachment No. 2) and determines the fee to be charged. ATTACHMENT ~40. PAGE ~ OF Page 6 of 7 V. Sports Authority Independent Study Staff and representatives from the Sports Authoriry initially met and discussed the methodology a~nd parameters to be used in determining the road impact fee for the Sports Authority. Although staff initially was of the opinion that this use was a Category 27, Retail - 50,000 SF or less ('Appendix A), discussions with the applicant led to the conclusion that there were enough differences between the basis of the Ordinances parameters and the proposed Sports Authority, that an individual road impact fee would be appropriate. It was agreed that an independent engineering study would be conducted. The parameters, to be studied were the trip rate, trip length and percent new trips. Sports Authority r~--~presentatives a~eed that the trip length and percent new trips set forth in the Ordinance were reasonable for this use and further agreed that they would remain static and be used in the final determination. The trip rate was adjusted tc. reQ. ect tube co~.mts at existing similar free-standing Sports Authority stores in other Florida cities. The trip length and percent new trips were not adjusted. The following p-~'ameters were used as a basis of determining the road impact fee: Trip Rate - 91.65 ~rips/1000 SF per the Tindale-Oliver report referenced in the Ordinance. [Subject to the adjustment mentioned above] Trip Len~h - Total trip length = 2.2 miles, assessable trip len~h = 1.5 miles per the report. Percent New Trips - 48% per the report. The findings in the Sports Authori,3' engineering study indicate that a trip rate of 30.41 trips/1000 SF is more reflective of the actual trip generation for this specific land use; that is, a free-standing ~ll-service discount sporting goods retailer. Attached are copies of the correspondence and engineering report leading to the road impact fee determination in this case (Attachment Nos. 3, 4 and 5, letter of March 19, 1996 to Sports Authority representative, letter of April 8, 1996 from Sports Authority representative with engineering report attached and letter of April 23, 1996 to Sports Authority representative). Staff concluded, based on the findings of the engineering report, that the reduced trip rate was justified and that the road impact fee computed on that basis w~ justified. !~llACHN~ENI lq0. ~AGE 7 ,.OF /q .... Page 7 of 7 APPENDIX A RATE $CHEDUL~ For the Durpose of calculating the Road Impact Fee to be ~9osed under Sec=ion 2.01 of the Ordinance, the following schedule shall be utilized: FEE LA~D UEE CATEGORY IMPACT FEE RATE RESID~h~IAL 2. 3. 4. 5. 6. ?. Single Family Detached House Multi-Family (1-2 stories) Multi-Family (3-9 stories) Multi-Family (10 stories & above) Condominium/Townhouse Mobile Home Retirement Home $ 1,379/dwulling unit 952/dwelling unit 935/dwelling unit 607/dwelling unit 846/dwelling unit 526/dwelling unit 455/d~elling unit 8. Hotel 9. Motel 10. Recreational Vehicle Park COKMERCIAL 1,113/room 1,327/room 10,744/acre 11. Marina 12. Golf Course 13. Racquet Clubs 457/boat berth 1,066/acre 2,063/1,000 ~q.ft. Hospital 15. Nursing Home 16. Church 17. School i8. Junior/Community College 19. University 20. Day Care $ 2,~89/1,000 sq.ft. 187/bed 1,303/1,000 sq.ft. 150/~tudent 183/student. 327/~tudent 60/student Offic~ 21.- Office - 50,000 SF or less Office - 50,001 - 100,000 SF 23. Office - 100,001 - 200,000 SF 24. Office - 200,001 - 400,000 SF 25. Office - greater than 400,000 SF 26. Medical Office A-4 ATTACHMENT NO. / PAGE, / OF ,/~ Exhibit No. 1 (Page 1 of 2) $ 2,453/1,000 2,076/1,000 sq ft. 1,753/1,000 S( .ft. 1,474/1,000 SC .ft. 1,252/1,000 mc.ft. 3,638/1,000 sc.ft. 27. 2t'. 2~. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Rmtail Retail - 50,000 SF or less Retail - 50,001 - 100,000 SF Retail - 100,001 - 150,000 SF Rotail - 150,001 - 200,000 SF Retail - 900,001 - 4~0~000 $F Retail.- 400,001 - 600,000 SF Retail - 600,001 - 1~000,000 SF Retail - greater than 1,000,000 SF Restaurant: high turnover Restaurant: low turnover Restat:rant: drive-in Service Station Super~zarket Convenience Market: less than 3,000 SF Convenience Market: ¢;reater than 3,000 SF 42. Auto Repair/Body Shop 43. Bank/Savings: walk-in 44. Bar~k/Savings: drive-in 45. Car Wash 46. 47. 48. Light-Indugtry Manufacturing Warehousing Mini-Warehouse 1,755/1,000 sq.ft. 1,995/1,000 sq.f=. 2,046/1,000 sq.ft. 2,130/1,000 sq.ft. 2,365/1,000 sq.ft. 2,505/1,000 sq.ft. 2,785/1,000 sq.f%. 2,706/1,000 sq.ft. 8,3~8/1,000 sq.ft. 7,081/1,000 ~q.ft. 16,618/1,000 sq.ft. 93~/pump 2,825/1,000 sq.ft. 22,569/store 9,502/1,000 sq.ft. $ 1,338/1,000 gq.ft. 3,959/1,000 ~q.ft. 7,468/1,000 gq.ft. 7,205/1,000 ~q.ft. $ 1,218/1,000 sq.ft. 678/1,000 ~q.ft. 852/1,0~0 ~q.ft. 239/1,000 ~q.ft. ATIACHMENT NO. / PAGE ¢ OF / ~' A-5 Exhibit No. 1 (Page 2 of 2) A'['i'ACHMENT NO. / PAGE ~ OF / '~ .H '<-15' ~,..., __...~ Exhibit No. 2 (Page 1 of 1) L...:. // .... TRANSPORTATION DEPARTMENT March 19, 1996 Ms. Sue Murphy, AICP Director of Plannt~g Rudnfck & Wolfe 101 East Kennedy Blvd., Suite 200 Tampa, FL 33602-5133 3301 F_. TAM1AM1 TRAIL NAPLES, FL 33962 (941) 7744494 (941) 774-5375 FAX RE: Sports Authority, N~ples, Traffic Study Methodology Dear Sue: It was indeed a pleasure meeting you on Monday, March 18. I appreciated y~.ur coming in to discuss the basis for determining the appropriate trip generation for the proposed Naples Sports Authority store. Based on our discussion, we have agreed on the following methods and parameters: You will have 72-hour driveway tube counts performed at two existing free-standing Sports Authority stores. Both of these stores are located in Florida and both have no other on-site uses to contaminate the data. In addition, they ara both about equal in size to the proposed Naples store. For the purpose of this determination, we have agreed that the parameters set forth on the Tindale-Oliver (T-O) report that is referenced in our ordinance (Ordinance 92-22, as amended) for the Retail lass than 50,000 SF category will apply. Specifically, these parameters are as follows: Trip Rate 91.65 trips./1000 SF (to be adjusted in accordance with the results of the tube counts mentioned in Item 1 above). Trip Length Total trip length - 2.2 miles; assessable trip length - 1.5 miles. Percent new trips - 481. AIlACHN~ENI NO. / Given the above parameters, the formulas se= forth in the Ordinance yield a road impact fee for this store of $75,398.00 ($1755/1000 SF X 49,962 SF). It is anticipated the= the tube counts will provide a more accurate determine=ion of the ac=ual trip generation per 1000 SF to be u~ed in the formulas. The actual trip generation number or the T-O report number for trip rate, whichever is ~11=~', -iii b used in the final impact fee determination. Exhibit No. 3 (Page 1 of 2) £nclosed is a copy of Ordinance 92-22. I have not included the amendments since they deal mainly with affordable housing deferrals and definitions. Also included is the I-0 report which is included by reference in the Ordinance. I have attached a clean copy of the road impact fee worksheet superseding the original in the T-O report. I am also enclosing copies of several articles that have appeared in the ITE Journal in recent years pertaining to impact fees and trip generation. You may find them of some interest. there are any questions, or if you need additional information, please con:act cc: me at (941) Kant, P.E. ~ngineer 260. I look forward to hearing from you. George F. Archibald, P.E. Transportation Services Director Enclosures ATTACHMENT NO. / PAGE ,,' z_ _ OF /9 Exhibit No. 3 (Page 2 of 2) LAW O!rl~lC ES RUDNICK & WOLFE IOI EAST KENNEDY BLVO. SUITE 2000 TAMPA. FLORIDA 3360~-5133 April 8, 1996 III I~T~ ST~rrT. N w Mr. Edward J. Kant, P.E, Collier Ccunty Transpcr'~tion Department County Government Center 3301 Tamiami Trail East baplcs, FL 33962 Re: Sports Authority Traffic Study Dear Ed: Pursuant to our recent traffic mcthodclogy meeting, I am enclosin~ herein thc results of the recent traffic counts taken at the St. Petersburg and Ft. Myers Sports Authority stores. All counts were taken manually beginning one hour before the stores opened and er)ding cne hour after the stores closed. The counts ',,,'ere conducted on Tuesday, Wednesday, and Thur~ay, March '') "' ,.6-.,8, 1996. I have enclosed a copy of the engineer's results. ]'he two stores studied should closely match t~Se operational cMracteristics of the :~ropose,t .~iaples store. Both of the existing stores are si.ngle-use sites, as is' the proposed St)om Authority i,~ Nvples. All stores are approximately the same size. The St. Petersburg store is 42,917 squr..:'e T,.e:, the Ft. Myers store is 42,256 square feet, and the Naples store ~s proposed at 42.9.56 square feet. I have enclosed copies of the site plans fo, ali ,')f these facilities. All of the stores exhibit similar adjacent land use characteristics. The St. Petersburg store is located in an area that is commercial with surrounding low and medium density residential uses, as well as some public (a baseball complex, park, and Science Center), and industrial areas. The Ft. Myers store is also located in a commercial area (zoned B-2) area ~rrounded by industrial (zoned I-1), public (airport), and residential development (zoned PUD). The proposed Naples store is also located in a commercial area, surrounded by residential development, public uses (the YMCA, high school, community school, and golf course) and close to the airport. Copies of the surrounding land use designations and/or zonings are enclosed. LATTACHMEN'I' NO. Exhibit No. 4 (Page 1 of 6) RUDNICK & WOLFE Mr. Edward J'. Kant April 8, 1996 Page 2 Furthermore, all three locations are located on major arterial roadways. The St. Petersburg store is located at Tyrone Boulevard and 38th Avenue. Tyrone Boulevard is classified as a Principal Arterial ca_rryi.ng 43,527 ADT and 38th Avenue is also an arterial that carries 7.3,826 ADT. The Ft. Myers store is located at Fowler Avenue and Colonial Boulevard Fowler Avenue is classified as an arterial with a 1994 count of 15,800 ADT and Colonial is also classified as an arterial with a 1994 count of 31,700 ADT. The proposed Naples store will be located at the intersection of Airport Pulling Road and Pine Ridge Road. Airport Pulling is classified as an arterial with 33,797 ADT north of Pine Pddge Road and 39,925 ADT south of ,vine Ridge Road Pine Ridge RGad is classified as an arterial with 37,265 ADT East of Ab'pon Pulling and 43,889 ADT west of Airport Pulling. I have enclosed photos of both the Ft. Myers and St. Petersburg stores and their adjacent ro~.dways for your information. Based upon the trip generation rat~: of 30.41 vtd/100 s.f. that resulted from the traffic study, I have util';:red the Collier County Transportation Impact Fee Worksheet to compute the revised impact fee. Based cn this, it appears that the new rate for The Sports Authority is $566.91/1,000 square feet, or $24,352.36 for the 42,956 square foot store. A cop],' of the worksheet is enclosed. Please review fl'tis information at your earliest convenience and contact me Jf you have any questions or require any additional information. It i.~ my understanding that The Sports Authority may be ready to request a building permit within one or two weeks. Once again, thank you for your assistance and cooperation with this matter. Sincerely, RUDNICK & WOLFE Sue Murphy, AICP Director of Plantfi.ng SAM0309 Enclosures cc: Mr. Mark Walker Mr. Kyle Kaberzki A'I'TACHMEN'I' NO. / PAGE /4 OF /~ Exhibit No. 4 (Page 2 of 6) I~ro~ffl : DKS RSSOCla~.~s ~ ~ NO. : B13 ~ 5744 DK$ Associates MEMORANDUM TO: COPY: FROM: DATE: SUBJECT: Mark Walker, Sue Murphy, Jerr~ Wen~al, April 5, 1996 Traffic Generation for Sports Authority Stores St. Petersburg & Ft. Myers, Florida The Sports Authority Rudnlck & Wolfe DKS Associates INTRODUCTION This memorandum rvport summarizes the procedures utilized and the results obtained from daily traffic count studies conducted for The Sports Authority stores ir) St. Petersburg and Ft. Myers, Florida. The purpose of the traffic count studies was to d~termine daily traffic generated by The Sports Authority stores on typical weekdays. By comparing the number of daily vehicles counted to the square footage of flcor area at each Sports Authority stor~ the actual daily tdp generation rates were determined. The c~aily trip genera4ion rates reflect the total number of vehicle trips generated by each :~tore, including pass-by and diver[ed link trips. The folJo,,-'.~ng procedure was utilized at each store to count the existing daily traffic: and determine the trip generation rates. PROCEDURES Based on our field reviews at the two stores it was determined that manual counts, conducted by a survey crew at each driveway would yield the most accurate results. Twenty-four hour automated mac~ine counters do not produce accurate results when placed on Iow speed driveways with short throat depth because of the speed and taming angle of vehicles entering and extting the driveways. Due to the Iow speeds and shod throat depths at ali driveways to both stores it was not possible to get accurate counts with machine (tube) counters. As a check on this theory one machine counter was installed at each store to compare results with the manual traffic counts. The results of the machine counts are discussed in the next section. . ----;.. ~xhibit No. 4 (Page 3 of 6) [ .' .:. ~'.(~)(0 ' ATTACHMENT NO. / .J _" 2 ~'. ..i' : PAGE / 5' OF / ~ L....5 --//"- ~ FROM : DI4,~ Associates SE APR. 8. 199~ 12: 1-/PM PHO~ NO. : 813 9~2 5744 DX$ Associates The manual vehicle counts were conducted beginning one hour prior to the stores opening and ending one hour after closing time. The counts wer~ conducted over three consecutive weekdays (Tuesday-March 26th, Wednesday-March 27th, & Thursday-March 28th). The total numbers of inbound and outbound vehicles were recorded at each driveway location, by 15 minute time intervals. If any vehiz~es were in the parking lots prior to the survey waders arriving In the morning, these vehk'les were added to the first 15 minute inbound count. In tt.m'~, any vehicles remaining in the parking luts after the survey workers departed in the evening were registered as outbound vehicles for the last 15 minute time period. The specific location for each store that was surveyed is listed below:. Number mf Ci_ty Location Driveways Counted St. Petersburg SE Corner of a0th Street N£1'yrone Blvd. 2 Ft. Myers NE Corner of Colonial Dr./Solomon 3 RESULTS The total numbers of inbound and outbound veh',cles counted on each survey day ark shown in Tables I and 2. Table 1 Summer of Dali' Tra~c Counts in vehicles_.pe_r day,.) - st. PetersburcJ Tues. 3/35 Wed. 3/27 Thurs. 3/28 3-Da~, Ave. Inbound 698 659 769 712 Outbound 688 665 775 709 Total 1 368 1,334 1,544 1,421 Table 2 Summa~ of Dally Traffic Counts in vehicles per =a_¥~ - I-t. Myers Tues. 3/35 , Wed. 3/27 Thurs. 3/28 3-Da~, Ave. Inbound 569 570 609 582 Outbound 575 565 623 588 Total 1,144 1,136 1,232 1,170 Exhibit No. 4 (Page 4 of 6) ~. B. 199G 1~:18PM P ~ PHOh~ NO. : 813 9E~2 5-~ DKS Associates The results of the machine counts (shown in Table 3) were significantly lower than the manual counts taken at the same driveways. At the Ft. Myers store the machine traffic counts recorded approximately 10% of the vehicles counted manually at the same driveway. The SL Petersburg store'had better results with the machine counts representing 25 to 30% of the manual count volumes. The reason for the extremely low volumes recorded by the machlna.counters is that when low speed vehicles crossover the rood tubes, they do not Foduce a strong enough pulses to tdgger the air switch located at the end to the road tube and as a result the vehicles do nat register. Therefore, the results of the more accurate manual counts were utilized in determining the daily trip genoration rates for The Sports Authorlty stores. T~ble 3 Summary. of Dail! Traffic__ Counts.... 'Machine vs. Manuail Ft.'l Myers St. Pe.'ersburcj Date Machine Co~Jnt Manual Count Machine Count Manual..,Count. 3/'26 32 580 250 1022 3/27 40 '504 285 964 3/28 40 567 315 1070 Based on a square footage of 42,917 s.f. tho average daily trip rate for the St. Petersburg store was determined to be 33.12 trips per 1,000 s.f.. The square footage of the Ft. Myers store is 42,256 s.f. which produces an average daily trip rate of 27.7 trips per 1,000 s.f.. The surveys at the two Sports Authority stores produced a c~mbined average daily trip rate of 30.41 trips/1,000 s.f.. This rate cd 30.41 trips./1,000 s.f. represents a trip generation rate that can be used to estimate total daily trips generated by The Sports Authority stores. ATTACHMENT NO. / PAGE /7 OF /'~ 3 Exhibit No. 4 (Page 5 of 6) ATTACHMENT NO. ol: Exhibit ~oi 4 (Page 6 of 6) COLLIER GOVERNMENT TRANSPORTATION DEPARTMENT April 23, 1996 3301 E. TAM1AMI TRAIL NAPLES, FL 33962 (941) 7748494 (941) 774-5375 FAX Ms. Sue Murphy, AICP Director of Planning Rudniek & Wolfe 101 East Kennedy Blvd., Suite 200 Tampa, ~ 33602-5133 RE: Cpoets Authoriu3. Naples, FL Road Impact Fee Memorandum Report and Fee Computation Dear Sue: Thank you for sending the referenced report and computation. We have reviewed i: and find the conclusions reached to be quite interesting. Frankly, I was surprised at the relatively low volumes as counted. However, both time~ that ! visited the Fort Myers store, it was on a weekend. Perhaps weekends are the busiest times. The data you sent appear to indicate that T?..ursday was the highest volum, e day. If the end of the week and the weekend are higher than the beginning of the week, then the volu~e average would tend to be reasonably represented ky the Tuesday and Wednesday count. Based on both the study data and the computation submitted, this office would take no exception to a road impact fee for the proposed 42,956 SF Sports Authority in the amount of $24,352.36. Of course, if the fipal building footprin~ changes, the fee will be adjusted accordingly. Since both sites used as criteria bases for this fee also have room for additional s~uare footase and outparcels, any other use on this site shall be subject to the fats in Appendix A of Collier County Ordinance 92-22, as ame:.ded. You may present a copy of this letter at the time you submit your application for a building permit to the Collier County Development Services Division. If there are any questions, contact me at (941)74-82~ Senior E cc: Georg~ F. ^rchibald, P.E., Transportation Director Thomn~ g. Conrecode, P.E., Public Work~ ~'om gucg, ~.E., Proj'~c~ Plan Review Director IACHME~ NO. /,)a ,_~ Exhibit No. 5 ~age 1 of i) or if you need additional information, Best wishes for continued success. please EXECUTD, rE SUMblARY RECOGNIZE, APPROVE AND APPROPRIATE A PORTION OF THE MARCO ISLAND BEAUTIFICATION M.S.T.U. FUND 131 RESERVES FOR CONTINUED MEDIAN LANDSCAPE RF_FIjI:~BISI'-[ME~ ON SOUTH BARFIELD DRIVE. 12]I.,I~k~IIX~ To obtain Board approval for redistribution of a portion of Fund 131 Reserves to operating, so that the Marco Island M.S.T.U. can continue median landscape refurbishment on South Barfield Drive, Marco Island. CONSIDERATIONS: Previous Board approval for funds necessary to continue the Median Refurbishment Project on Marco Island [Agenda Itcxn 16(B)13, 1/7/96] has provided for a separate Refurbishment Project (No. 67034). That project has been issued to Environmental Care Inc., utilizing their current Landscape Maintenance Contract (Bid No. 95-2418) to continue the use of that contract's low hourly labor and supervision rates, for the continuation of this refurbishment project. Over the past two years, the Marco Island Beautification Advisory Committee has been appropriating funds to their Reserve Account to complete median refurbishment on North & South Collier Boulevards, Seaview Court and South Barfield Drive. The current Reserve balance is S283,5000.00. Presently, all median refurbishment has been completed on North & South Collier Boulevards and Seaview Court. The South Barfield Drive portion of the project has been broken into four (4) phases, each requiring extensive re-grading to improve vehicular sight line visibility problems at many of the median openings along this section of roadway. Phase I is now complete with outstanding invoices totaling $60,000.00. The three (3) remaining phases will cost approximately 560,000.00 each, for a total of S180,000.00. The committee plans to complete all phases witkin this fiscal year, wkich will require an expenditure of $240,000.00. The biarco Island Beautification Advisory Committee is requesting that the funds which have been set aside in Reserves be appropriated to their Operating Cost Center, so that the median refurbishment can be completed as planned for this fiscal year. FISCAL IMPACT: Funds are available in Fund 131 (Marco Island Beautification M.S.T.U.) Reserves totaling $283,500.00. Fund 131, Marco Island M.S.T.U. Reserves Transfer to Fund 131, Cost Center 162540 (Marco Island Beautification M.S.T.U.) Object Code 634999 (Other Contractual Services) Fund 131 Reserves Balance $283,500.00 $240,000.00 $43,500.00 ' ;'C 9 ~- ;Z:;7 ! EXECUTIVE SUMMARY MARCO ISLAND RE~ISHMENT PAGE 2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners recognize, approve and appropriate the requested $240,000.00 from Fund 131 Marco Island Beautification M.S.T.U. Reserves to their operating account, and approve the required budget amendment necessary to continue the Median Refurbishment Project on South Barfield Drive. ~,~Stephcn F. Fabiano, Engineer II David F. Bobanick REVIE'V't~D Interim Transportation Director Ed Ilschner Public Works Administrator MARCO ISLAND BgAUTIFICATIOH ADVISORY COMMITTgg MINUTES - SEPTEMBER 2, 1997 The meeting was called to order at 1:30 p.m. Gil Scholes, Chairperson. Members present were Joanne Rusitzky, Jane Hlttler, Richard Eggers, and Victoria Williams. Dee Ba[e and Margaret Paulson were excused. Also present was Steve Fabiano, Collier County Transportation Dept.; Mike McGee, McGee and Associates; Scott Miller and Scott Hame, Environmental Care, Inc.; Jennifer Strumburg, Marco Island, Eagle and Husan Nlvlnskl, The Bottom Line. MOTIONS 1. A motion was made by Eggers, seconded by Williams to approve the mlnutes of the August 5th and 12th meetings as presented. Motion carried unanimously. FabEano presented and reviewed the Expenditure Budget Hiatus dated August, 1597. Fabtano noted that many line items were over the budgeted amount and gave explanation. These line items will be reviewed and adjusted In next years budget. All purchase orders will close on Heptember 30th with a two week delay to reopen purchase orders. October 1st will begin the ney fizcal year. McGee reported on the current conditions of median landscaping. He stated that the overall conditions look good. McGee reported that five palm trees at the Jolley Bridge may need to be replaced. The trees should have been sprayed earlier. The trees will require additional watering due to the dry season. Trees under the power lines will be removed and replanted. South Barfield renovations have been calculated at an approximate cost for Phase 2, Phase 3 and Phase { of $60,000 for each phase. Fabiano reported a large water increase due to the very dry summer season. Ne further reported that the State Is continuing to address the sink hole at the corner of North Collier and Yellowbird. A meeting is scheduled with Florida Water Services to discuss the proposed grey water line down the center of the medians on North Collier Blvd. Frank Blanchard will represent the Condominium Association at this meeting. It was suggested that Scholes, Fablano and McGee attend the meeting on September 10th at l:OO to discuss this issue ¥1th Florida Water Services. Discussion followed. A motion was made by Rusitzky, seconded by Williams that Scholes, Fabiano and McGee represent the committee at the September 10th meeting. Motion carried. As the term for the officers expires at this meeting, election of new officers took place. A motion was made by Williams, seconded by Rusitzky that Scholes be reappointed as Chairman and Eggers remain as Co-chairmen. Motion carried. A question was raised regarding the function of the committee as it pertains to the new City of Marco Island. This will be determined by the new city council. With no further business to discuss the meeting Next meeting will be held on October 7th, 1997 at{Macki~ar~. £X~E CUTIVE SUM'MARY APPROVE A RECOM2vI, ENDED LIGHTING OPTION FOR THE U.S. 41 WIDENING PROJECT BETWEEN AIRPORT-PULLi2qG ROAD AND DAVIS BOULEVARD, A FLORIDA DEPARTMENT OF TRANSPORTATION PROJECt, THAT IS CURRENTLY UNDER CONSTRUCTION. t~LIY.,{:II~: To gain Board approval of a recommended option for a substitute lighting plan for the U.S. 41 widening project on East Tamiami Trail from Airport-Pulling Road to Davis Boulevard. CONSIDERATIONS: The U.S. 41 widening project, from Airport-Pulling Road to Goodlette-Frank Road was let by the Flor/da Department of Transportation (FDOT) in May, 1997. The successful bidder was Archer-Western Contractors, Ltd., a Fort Lauderdale-based contractor. Included in the contract is the replacement of street lights on the south side of the project with standard aluminum poles and luminaries. During the FY 1997-98 Budget Presentations, staff was requested to develop an estimate for upgrading the street lights on the project, between Davis Boulevard and Airport-Pulling Road, to include lights on both sides of the roadway, on decorative poles, and with special decorative fixtures. An estimate was quickly prepared based on information that was available for similar designs. As a result, staff was directed to budget for the estimated cost diff:rential between the Contractor's bid price for standard lighting and the estimated cost for the decorative fixtures on both sides of the roadway. The estimated cost differential of $236,000 plus $20,000 for design costs, or a total of $256,000, was budgeted in both Road District 1 (Fund 102) and Road District 3 (Fund 104) since the District boundaries traverse the center of U.S. 41. Thus, $128,000 was budgeted as an expanded service in each Road District. On completion of the preliminary design, staff held meetings with the FDOT, the Prime Contractor and the Lighting Contractor to negotiate the cost differential between the Contractor's bid lighting costs and the County's new design. Dunng the negotiations, it became apparent that the cost differential would be greater than staff's estimate. The Prime Contractor's Superintendent and the Highway Lighting Subcontractor cited handling, inability to obtain a contract extension, and risk on a time-sensitive contract as the main factors causing their costs to be higher than staff estimates. Two separate negotiating sessions were conducted with the contractor holding firm on his price requirements. Staffhas developed four (4) options that are available to resolve the lighting issue as follows: Opt/on A Consm~ct the lighting system with a decorative pole and luminary system as originally planned. A catalog cut is attached as Exhibit 1. Construction of this option will require that an additional $397,040 be added to the FDOT contract. The difference of $397,040 and our budgeted $236,000 will require that an additional $161,040 be budgeted for the change. This will result in an $80,520 increase in expenses in MSTD Road District I (Fund 102) and in MSTD Road District 3 (Fund 104). Funds are available through use of available Reserves and surplus Carry Forward funds. NOV 2 Executive Summary U.S. 41 Lighting Op~{ons Page :2 O~fion A-I Construct the lighting system with poles 2nd luminary system being thc same as Option A above with the addition of receptacles for banners, which is an additional cost of $13,855. Construction of this option will require that an additional $411,255 be added to the FDOT Contract. The diffe~'ence of $411,255 and our budgeted $236,000 will require that an additional $175,4.55 bc budgeted for the change. This will result in an $87,628 increase in MS'rD Road District 1 (Fund 102) and in MS'ID Road DisnSct 3 (Fund 104). Funds are available through use of available Reserves and surplus Carry Forward funds. Const~ct the lighting system with a less decorative pole and luminary system. A catalog cut is attached as Exhibit 2. Construction of this option will require that an additional $302,273 be added to the FDOT contract. The difference of $302,273 ,and our budgeted $236,000 will require that an additional $66,273 be budgeted for the change. This will result in a $33,137 increasc in the budgets for Fund 102 and Fund 104. Construct He lighting system as designed by the FDOT with aluminum poles and luminaries. Monies budgeted for expanded services for the lighting upgrade would carry forward into the next fiscal year (1998-99) budget for redistribution for routine maintenance and roadway capital improvements. l!],~,-,~~: The total cost of recommended Option A-1 is $411,255. Thc FY 1998 Budget provided $236,000 for the lighting system, equally funded by MSTD Road District I (Fund 102) and MSTD Road District 3 (Fund 104). The balance required to fund the recommcnded option is $175,455. This will be funded by a combination of available Reserves and surplus Carry Forward in the Road Districts. MSTD Road District 1 (Fund 102) $87,628 share of the lighting improvements would be funded as follows: $58,900 of surplus Carry Forward (102-919010) would be appropriated and $28,728 of the available Reserve balance (102-919010) would be used. MSTD Road District 3 (Fund 104) portion of $87,628 would be funded by appropriating $87,628 of the $391,4¢K~ in surplus Carry Forward (104-919010) for the lighting system in the Road Resurfacing Cost Center (104-163643), and appropriating the remaining $303,772 Luto Reserves (104-919010). I~ECOMMENDATION: That the Board of Commissioners approve Option A-I and the necessary budget amendments to implement this option, and direct staff to work with the YI~T to develop a change order to the existing U.S. 41 project for the highway lighting portion of the contract between Airport-Pulling Road and Davis Boulevard. -Davi~~an~~ ~ir~ctOr APPROVED - Ed Ilschner, Pubffc Wo~k~ Administrator NOV 2 5 1997 Option A LU rtl £c ,.[. t m T De~or&tI¥~ ~rm Optional banners (](} 1.1,I I']I~. COI.;NTY, Decorative pole, Globed Lamp s&mplc photo*~ Domus, DMS 40 lamp 09 - .SO - .~J ? " Option B ,J Non:Decorative pole, Decorative &tm 09-Jt~-~7 Domus, DMS 40 Non-G-lobed lamp OrS 2085BG EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO STEVE A. CLAPPER & ASSOCIATES OF FLORIDA, INC., FOR IMPERIAL WEST / LANDMARK ESTATES DtLadNAGE IMPROVEMENTS, BID NO. 97-2738 PROJECT NO. 31203 OBJECTIVE, ~ To receive Board approval and award of a construction contract for Imperial West / Landmark Estates Drainage Improvements to Steve A. Clapper & Associates of Florida, Inc. (Clapper) in accordance with Bid No. 97-2738. ~ONSIDERAT!QN$: The Office of Capital Projects Management (OCPM) has completed the design and permitting of the Imperial West / Landmark Estates Drainage Improvements. Bids were opened on October 22, 1997 that included options for the following four pipe materials: · Reinforced Concrete Pipe (RCP) · High Density Polyethylene (HDPE) · Pol~'inyl Chloride (PVC) · Elliptical Reinforced Concrete Pipe (ERCP) The bid schedule allows the County to select the combination option for construction. Performance time for Bid No. 97-2738 is 150 calendar days for substantial completion and 180 calendar days for all work and final acceptance. The bid stage activities and results for the Imperial West / Landmark Estates Drainage Improvements are summarized below: (1) The Project was advertised for bids on September 26, 1997. (2) A pre-bid conference was held on October 9, 1997. (3) The bid opening was conducted on October 22, 1997 by the Purchasing Department staff. (4) Seven bid proposals were received based on four pipe material options. Staffhas evaluated the bids for the lowest combination option amounts as tabulated and boldfaced below. Clapper's bid of $46 7,$15.0q (using RCP for Phase I and ERCP for Phase II) is the lowest bid amount. There were a few very minor discrepancies in Clapper's bid that staffrecommends be waived. The discrepancies are noted below with staff comments in italics: · No initials on the Addendum - Accepted by Purchasing Department (Purchasing). · Copy of State Contractor's License not attached - State Licensure verified by staff · Mathematical errors in the total bid sum - Staff verified and corrected mathematics · Page GC-P-25 left blrmk (bid security page) - Bid bond provided · Insurance agent not identified as a Florida agent - Staff verified Florida agency · Bidder's Check List not attached. - Accepted by Purchasing Bidder STEVE CLAI~PER AND ASSOC., INC. Douglas N. Higgins, Inc.. Cross Country Underground, Inc. Southeast Environmental Contracting, Inc. Kamphuis Pipeline Co. PHASE I RCP HDPE PVC $302,083.57 $312,338.03 $456,282.90 $410,870.50 $374,874.50 $386,806~.--?-.~. $395,918.80 $384,742.40 $385,954]10;-'~ $422,805.25 $401,405.25 $n37,644i25'::,~ S402,943.00 $430,360.00 $549,717~: ,: _._[.._ __~ __1 Executive Sumnmg~ Awarci Construction Contrac~ to Slcve A. Clapper & Associates, Inc. for Imp. West/Landmark Est Drainage Impr., Rid No. 9%2?38 Page No. 2 Haskins, Inc. $419,920.65 $419,460.65 $419,460.65 Mitchell and Stark Construction Co. Inc. $401,264.25 $424,668.25 $421,931.25 Engineer's Estimate $356,918.80 $345.591.18 $329,468.80 Bidder STEVE CLAPPER AND ASSOC., INC. Douglas N. Higgins, Inc.. Cross Country Underground, Inc. Southeast Environmental Contracting, Inc. Kamphuis Pipeline Co. Haskins, Inc. Mitchell and Stark Construction Co. I. nc. Engineer's Estimate RCP HDPE PVC ERCP $175,176.37 $173,881.53 $266,273.80 $165,231.43 $226,010.00 $200,470.00 $208,132.00 $220,477.50 $238,118.04 $236,313.84 $236,566.14 $205,034. I4 $192,318.20 $189,649.20 $223,567.20 $218,108.80 $238,154.00 $260,201.00 $342,974.00 $222,031.00 $237,056.00 $237,056.00 $237,056.00 $215,777.00 $235,406.00 $264,348.00 $263,369.60 $242,091.00 5260,796.00 $250,108.00 $236,775.00 $204,173.00 (5) OCPM staffhave checked references and met with Clapper to verify the bid, discuss references and manpower. Clapper assured staff that they understood the scope of work and that they have the manpower to perform according to specifications of the bid. Construction will occur under high voltage Florida Power & Light transmission lines with a maximum height restriction of 14 feet. A.s such, the use of heavy duty equipment required for the reinforced concrete pipe option is ora safety concern. The use.ofHDPE, a lighter material, will eliminate the need for the kind of equipments required for the heavier concrete pipe. From a constmctibility and safety concern, staff recormmends the HDPE option for the contract amount of $486,219.56 ($18,904.56 above the RCP/ERCP option and $89,124.94 below the next Iow bidder). FISCAL IMPACT: Funds are available in'the anount of $486,219.56 in: Fund No. 325 1981 Water Management Cost Center No. 172972 Cocohatchee Canal Improvement Project No. 31203 Imperial West / FPL Ditch GROWTH MANAGEMENT IMPACT: None RE(~OMMEN~. ATION: That the Board of County Commissioners: (I) Award a construction contract to Steve A. Clapper and Associates of Florida, Inc. in the bid amount of $486,219.56, waive the very minor bid discrepancies, and authorize staffto proceed with the HDPE construction option. (2) Direct thc Board Chairman to execute the construction contract. Micah K. Mas~i, P.E, PMP Project Manager, OCPM Date: Executive Surra'nary Award Construction Contract to Steve A. Clapper & Associates, Inc. for Imp. West/Landmark Es~. Drainage Impr., Bid No. 97-2738 Page No. 3 REVIEWED BY: Adolf; ~. ;o~al~, P.E~. Director, OCPM .(~hn H. Boldt, P.E., P.S.M. Director, Stormwat~ Management REVIEWED BY: ~~ (7~' ~ Steph~ Y. Cat'nell Director, Purchasing _ Public Works Administrator Date: Date: Date: · I I / COLLIER COUNTY 3301 farP.~3r'n~ Trail Eos; Not, es. Fk~da 34112-4902 Tc~ec~'~e: Iga tI 774.840(] FAX: [941) 774-0225 November 21, 1997 j DAV1D C. CC)I l lF~ CCYdHF¢ By Facsimile and Regular U.S. Mail Kenneth B. Cuyler, Esq. Roetzel & Andress 850 Park S,,ore Drive, Suite 300 Naples, Florida 34103 Re: Agreement between the City of Marco Island and Collier County For a TemporaO' interim City Manager Dear Ken: It was a pleasure meeting with you on November 20, 1997, regarding the above styled Agreement. Pursuant to our discussions, I have prepared a final version of this Agreement for your review. It is my understanding that the County Administrator is planning to prepare to present this item as an add-on agenda item for the Board of County Commissioners' meeting of November 25, 1997. Please contact me on November 24m tO inform me whether the Agreement is acceptable or whether it requires any additional changes. Thank you for your attention to this matter. Respectfully submitted, Ramiro Mafialich Chief Assistant County Attorney RM/cd cc: Robert Fernandez, County Administrator Leo Ochs, Jr., Support Services Administrator David C. Weigel, County Attorney INTERLOCAL AGREEMENT TillS INTERLOCAL AGREEMENT is entered into this day of , 1997, by and between THE CITY OF MARCO iSLAND, FLORIDA, hereinafter called the "City", and the BOARD OF COUNTY COMISSIONERS, OF COLLIER COUNTY, FLORIDA, hercinafl, cr called the "County". The City and the County arc referred to collectively herein as the "parties". WITNESSETtI: WItEREAS, the City was recently incorporated pursuant to charter established by special act of the Florida Legislature; and WHEREAS, on November 6, 1997, an election was held to elect the members of the first City Council to govern the City; and WItEREAS, the City is located within Collier County Florida; and WHEREAS, the County desires to assist the City and serve all of the citizens of Collier County by assisting the City in the transition to self government through shared services of administration; and WHEREAS, Section 163.01(2), Florida Statutes, pernfits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord both '~ geographic and economic population and other factors influencing the needs and development of local communities; and Page 1 of 4 WIIEREAS, Section 112.24, Florida Statutes, authorizes intcrgovcrnmental transfer and interchange of public employees; and WIIEREAS, thc City has requested that thc County provide assistance to the City by furnishing a County staffmcmber to serYe as Temporary Interim City Manager of the City. NOW TItEREFORE, In consideration of the mutual convenants contained herein the parties hereby agree as follows: 1. COUNTY STAFF MEMBER TO SERVE AS TEMPORARY INTERIM CITY MANAGER. The County will provide the services of County staff member B.won I.. ("Skip") Camp to the City for Mr. Camp to serve as Temporary Interim City Manager of Marco Island. Mr. Camp shall have the administrative authority provided by the City Charter and to the extent authorized by the City Council. Mr. Camp shall not participate in inter- local agreement negotiations with Collier County. Mr. Camp shall serve at the pleasure of the City Council. Mr. Camp shall remain an employee of the County at all times during thc effective term of this Agreement. TERM OF AGREEMENT. Mr: Camp shall serve at the pleasure of the City Council for a maximum of three weeks commencing on November 21, 1997, and ending on December 12, 1997. This Agreement may be extended for an additional three (3) weeks upon the official action and vote of the City Council and the Board of County Commissioners. COMPENSATION. Mr. Camp shall be paid his full salary and benefits by the County. The City shall reimburse the County on the Monday following each week of Mr. Camp's service to the City. The City's reimbursement shall be for the full cost of Mr. Camp's salary and benefits which is the amount of $1,652.85 per week. The City shall also pay for mileage for Mr. Camp's travel from the Collier County Government Complex to his office in thc City of Marco Island at the rate of .29 cents per mile in accordance with Chaptcr 112, Flor/da Statutes. Said payments from the City to the County shall be made to and shall be governed by Chapter 218, Florida Statutes (The Florida Prompt Payment Act). The County shall invoice the City for all of the payments referenced above. INSURANCE. The County's liability coverages will extend to both the County and Mr. Camp for this agreement subject to normal exclusions. Pagc 2 of 4 INSURANCE. The County's liability coverages will extend to both the County and Mr. Camp for this agreement subject to normal exclusions. The City must procure its own insurance coverage for any risks related to Mr. Camp's service as Temporary Interim City Manager. INDEMNIFICATION To thc cxtcnt permitted by Florida law, thc City shall, in consideration of the benefits rcccivcd from the County by the provision of' Mr. Camp's services (which arc acknowledged to have a monetary value substantially in excess of $100.00), hold harmless, indemni~'y and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description, arising out of or incidental to the performance of this Agreement and also resulting from any negligence, intentional conduct and/or willful and wanton behavior of the City and/or its agents and employees. This provision shall also pertain to any claims brought against the County by any employee of the City, any subcontractor or anyone directly or indirectly employed by any of them. Thc City's obligations under this provision shall only be limitcd to thc extent provided by Florida law and not by the City's limit of, or lack of, sufficient insurance protection. This section shall not apply to any claims arising from the sole negligence or intentional or willful and wanton conduct of the County, Mr. Camp, or any other employee or agent of thc County. TERMINATION. This Agreement may be terminated by either party by providing forty eight (48) hours advance written notice to the other p,-my. Notice to thc City shall be provided to: ttarry J. Cowin, Notice to thc County shall be provided to: Timothy L. Hancock, Chairman Board of County Commissioners, 3301 E. Tamiami Trail Naples, Florida 34112. This Agreement shall also terminate in accordance with the provisions set forth in paragraph 2 regarding the term of this Agreement. RECORDING. This Agreement shall be Recorded in the Official Records of Collier County, Florida. Pagc 3 o f 4 TIlE CITY OF MARCO ISLAND, FI.ORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By~ ftarry J. Cowin, Council Chairman By: Timothy L. Hancock, Chairman ATTEST: ATTEST: City Clerk Dwight E Brock, Clerk of Courts Approved as to form and legal sufficiency for the City of Marco Island, Florida: Approved as to form and legal sufficiency for Collier County: Kenneth B. Cuyler, Esq. Ramiro MaSalich Chief Assistant County Attorney Page 4 of 4 EXECUTIVE SUMMARY RESOLUTION ORDERING AND CALLING FOR TIlE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE IIELD BY PAPER BALLOT ON JANUARY 6, 1998, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES, AS AMENDED. That the Board of County Commissioners adopt the attached Resolution calling for an election by paper ballot to be held on January 6, 1998 within the territorial boundaries of the Lely Community Development District. CONSIDERATIONS: The Lely Community Development District was established by Rule No. 42K-I, Florida Administrative Code, approved and adopted on December 18, 1990 by the Florida Land and Water Adjudicatory Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, and Rule 42-KI, F.A.C. As outlined in Section 190.006, Florida Statutes, as amended, a Community Development District of' less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six years and if there are at least 250 qualified electors in a district. The Lely Community Development District now meets such requirements. FISCAL IMPACT: The fiscal impact to the County for the special election is none. All costs of the special election shall be born by the Lely Community Development District. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution calling for an election by paper ballot for January 6, 1998 within the territorial boundaries of the Lely Community Development District. Chief Assistant County Attorney h:/dda,'e×ecutive sumrnarie.qk¢ly CDD election of supervisors AGENDA ITEM No. NOV 2 5 1997 RESOLUTION NO. 97- A RESOLUTION ORDERING ~ CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF LELY COMMU~;ITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD BY PAPER BALLOT ON JANUARY 6, 1998, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES, AS AMENDED. ;H{EREAS, The Lely Community Development District was established by Rule No. 42K-1, Florida Administrative Code, approved and adopted on December 18, 1990 by the Florida Land and Water Adjudicatory Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, and Rule 42-K1, F.A.C.; and ;~EREAS, as outlined in Section 190.006, Florida Statutes, as amended, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six years and if there are at least 250 qualified electors in a district. WHEREAS, the area served by the district is approximately 1,538 acres; and P~EREAS, the number of qualified electors has reached and now exceeds 250 members; and WHEREAS, the Community Development District has been in existence for six (6) years; and WHEREAS, two of the members of the Board of Supervisors whose terms are expiring are required to be elected by qualified electors, pursuant to Section 190.006, Florida Statutes, as amended; and WHEREAS, the Board of County Commissioners of County, Florida, pursuant to general law, herein ca[ special paper ballot election for the election of members AGENDA ITEM to 2 5 997 pg. ~- Board of Supervisors for Lely Community Development District by quali fled electors as set forth in Section 190. 006, Florida Statutes, as amended. MOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~¢TY CO~4ISSIO~;ERS OF COLLIER COUI4TY, FLORIDA, that: ~TIOI; O//.=. ELECTIOU CALJ~F.~Q The election is hereby ordered and called to be held on January 6, 1998 by paper ballot for the purpose of electing two me~,~ber s to the Board of Supervisors of the Lely Community Development District by qualified electors as provided for in Section 190.006, Florida Statutes, as amended. Seat No. 3 shall be elected for a 2 year term. Seat Mo. 4 shall be elected for a 4 year term. SECTIO:; TW_Q~__Q]J~%j~i//D_Q?; FOR C~//~AT.~ All candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 8:00 a.m. on 26, 1997 through 5:00 p.m. on Monday, Wednesday, Novermbe r DecemJ~er 1, 1997. ~u~CT I O~; THREE. PERSO~.~S E~YTITLED TO VOTE. The persons entitled to vote in the election shall be all the qualified electors residing within the territorial boundaries of the Lely Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached hereto as Exhibit SECTION FOUR. PAPER BALLOT AND ELECTION OFFICIALS. The election shall be held by paper ballot within the territorial boundaries of the Lely Community Development District as described in "A". The paper ballot election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. AGENDA ITEM NO. c~ NOV 2 5 B97 pg. -J SECTION FIVE. FORM OF THE BALLOT. A. The paper ballot to be used in said election shall be in substantially the following form: QFF~ BOARD OF SUPERVISORS ELECTION FOR LELY COMI4IR;ITY DEVELOPMENT DISTRICT - JAN'JARY 6, 1998 SEAT ~oq~BER I YEAR TERM) [Vote for no more than one (11] B. The Supervisor of Elections shall include on all paper ballots such instructions tc voters as are necessary. SECTIOt; SIX. NOTICE OF ELECTIO~. The Clerk of this Board shall publish a notice of the election by paper ballot in the Naples Daily News, a newspaper of general circulation published in Collier County, Florida. There shall be at least thirty (30) days notice of said election, with publication to be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is to be held. Said notice shall be in substantially the following form: will boundaries llOTICE OF BOARD OF SUPgRVISORS FOR LELY COMMU};ITY D~FELOPME~ DISTRICT E~CTION NOTICE IS HEREBY GIVEN, that an election by paper ballot be held cn January 6, 1998, within the territorial AGENDA IT£M of the Lely Community Development District ~. - NOV 251997 described in "A" to elect members to Seats 3 and 4 of the Board of Supervisors by qualified electors. The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Lely Community Development District as described in "A" may vote by paper ballot in said election. Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this day of , 1997 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO~!SSiONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Chief Assistant County Attorney By: TIMOTHY L. HANCOCK, CHAIRMAN - 4 AGENDA IIEM No._ 'IR , NOV 25 B97 EXHIBIT "A" Legal Description for LELY COF~6UNITY DEVELOPMENT DISTRICT DKECNiPTION: All that', part of Scctiur~$ 2], 77, 2.~, 33 and 34, Townshi~ 50'{.',rout!~, Ranqe 26 Ea~;~ and Dart 51 South, Rangr~ 26 East, Co].].ieI' County, Florida, and beinq more T~artl(:ula~'ly dcsccibed as roi]nwa: Beqin at the ~oxltl~west. corner of said :.;(~.t:t 5c)r~ 28; t.hel',ce along th~2 west line of said Scctio~ 2}~, HoFt'.h 02"4';'55" East 1226.36 ~lect to a' [0nih[. on the boundary of t..hat ]and dcscribed Book 542, paqc 765; thence along the boundary of said land i~ the rc~lio~Ji~g three (3) described cn~rnen; 1) South 8'/~12'05'' E~st 969.~4 feet; 2) Nortt~ (37~47'40'' Rast I'/0Q.00 feeL; 3) ?,eot ~.o:~ 2~; thence al~,~g t.Ne west linc o~ ~:.~i,] ~ecl.~o~% 28, North :.~':~Jr i On 28 al~,i I.h,': .%0~%v}~,~r tym,:,S~- ,;e~:r~r,~ ~f' 1')~.-~1. Page 1 of 6 AGENDA_ITEM ~,,,N~ ~_~ %,~ 2 5 t997 to a point on the 'went line of said 5cc~i()n 21; thence along said west line North 02~58'09'' E,tsI. 1}~1 .~4 feet; thence leaving said line South 33"i3'52" East 243.49 ~cct; thence southeasterly 29] .20 feet along the arc of a circular curve concave ncr%hear, t'er].y having a radius ol ago.BO feet through a central angle n[ Pd"IQ'%()" and bei.nq subtended by a chord which bears South 45'19'17" E2. al 289.04 icct.; thence South 5';~2~'42'' East 128'3.45 feet; thc:~:~ easterly 5[~3.65 [eet alonq thc arc of a circular curve concave northerly having a radius of 1230.00 fcct thruu~ih a central angle of 26~15'22'' and being subtended by a chord which bears South 70~32'23'' East 558.74 feet; thence South 83"40'04" East t300.00 feet.; thence sc~ut.hea~ter]y 1187.52 fcct clones the arc of a circular curve concave sot~t_hwesLer]y havinii a radius cf ]260.00 feet through a central angle of 54"00'00" and be~nc a~:bt, ended by a chord which bears South 56'40'04" East ]144.06 feet; thence Sout.h 29~40'04'' East 1073.38 feet; thence so~:theast.erly 415.4~ feet along l.he arc of a circular curve concave northeasterly having a radius o[ ].940.00 feet throuqh a c(~nt.[al angle o~ 1~']6'07" and being.subtended by a chord which bears Scuth 35~48'08'' Kant 414.62 feeL; thence South 41"56'11" East 4'/.S4 feet; thence }forth 48"03'49" East 90.00 ~cct; thence no~ihczly 122.72 ~3ct. along thc arc of a'circulaz c~Ive concaue westerly having a ladies ol 1~5.00 feet through a central an(~le (3f 56~!5'00'' and being subtended by a cho[d whdah bears Hozth feet ; t?,~o, ncc Ho£th 53"11']]'' Wes[ 70.7] fec~ the Page 2 of 6 No. ifa , Nortl~ 2 5 i 97 08"11'1t" we~,~. 200.00 feet; thence Nor:l~ }t1'48'49" F.a:;t !70.00 feet ; thence South 0P,°l]"ll'' Kan~ ]00.00 f(~et: thence R]'4~'49" west 35.0C feet; thence South 08']]'1!" East feet'.; t.~,ence ~;(~uth~rly 206.17 f(~et alo~q thc arc ~)[ a (:ircu!ar curve concave wef, ler]y hmv%ng a radiu~; oi 210.00 feet throu(]h a cent:al an~le cf 56"]5'00" and beinq subtended by a chi)id which bears go~zth 19~56']9'' W~st: 197.99 feet; thence Mouth 48"03'49" west 90.00 feet; ~hcnce South 41~56'11'' Eazt 5H3.34 !eet; mo~]theastcrly, easterly and nort.}~easterly 35.94 feet a]ong the arc of a c~rcu].ar curve concave northerly ]:eying a radiu~ ()i 25.00 ~cct 1brouGh a central angle of 82"22'19" and being s~tcnded by a chord which beale South 83"07'21" East 32.93 fe(zt; thence ~orth 55"4!'30" East 518.58 feet; thence northeamter, ly 4]9.82 feet. aloe!; the arc of a circular cu:ve concave northwesterly having a radius of 560.00 feet throuwh a central anq]e of 45~00'00'' and being subtended by a chord which bears h'ortl~ 33"]i'30" East 428.61 fe~3t; thence No,'th 10"41'30" East. 208.40 feet; thence northeasterly 393.~0 feet along the arc of (:lrc~t!al curve concave nc~]t'heanter]y hav~ng a radit]n of 715.00 feet thrc~]gh a central anqle of 31~3].'30'' and being subtended by a chord wi]ich bearz No~th 26"2'7'15" East 388.46 ~ect; thence No~th 42~13'00'' Ea~;.t 136.9]. feet; thence northean~:erly, and northwen~er~y ~{7.43 feet. along the arc of a c~rcu].a~ curve concave westerly having a radius of 25.00 feet through a central an~]le of R5"4'7'2!" and beinq u~:btendnd by a cho[d which bears North 00~40'4]'' West 3d.03 feet to a point of Ievurse curvature; concav~ n~[-thcastcrly having a ~adSun of 3405. 00 !cc~nr Page 3 of 6 pg. bearn ~o:Lh 4~'4b'3!~" ~ent F~.~4 fee¢; thence a~ong n non tan(;cn~.~a~ ] [nr~ Nor~;h 50"0~' fl~" Ea~;t ]fiO.O0 fe~t ; thence So~th ]9'56'57" Ea,;t: 86.63 feet; thence southeasterly 484.36 feet a]on~ the arc of a circular curve concave northeasterly having a ra~tiu~; of 1067.38 feet- through a central angle of 26"00'00" and be~.nU nub~endcd by a chu:d which bears South 52*56'57" Eant 480.22 feet; thence South 65"56'57" East ]470.00 feet-.; thence easterly 309.59 feet along the arc o[ a c].rcu]ar curve concave nori.hnr].y having a radius of 765.00 feet through a cent.raj angle of 2~"!i']3'' and beJ. ng subtended by a chord which bears South feet; thence easterly 1V0.84 feet along the arc of a cizcular curve concave northerly having a radJu~ of 779.00 ~cet through a centzal angle of ~2~33' 54" and be~nc s'~tendcd by a chord which bears Nor,_}. 84 34 53 K~.. 170 49 ~eet ~o a po]rtL of reuer~e curvat~i~c; thence easterly 163.38 fcc5 alo~g th,~ ate o[ a c~rc~;]ar culve uonuave ~outherly keying a red,un of 745.00 feet through a central angle of ]2'33'54'' and beth; ~ubtended by a chozd which bears North 8Q"3z'53'' East 163.05 f,3et; th~nce So~]%h ~U*Og'10'' East 16.92 [ee~ ; t.hencc c0~;t~r]y ]63.38 feet alonq thc arc ~f a circular curve concave so~tther]y having a zadius oi 745.[)() f~w.~t, through a central anwle of ]2"33'54" and bcin~ subtended by a chord w]~ich bea~s 5out!: 82'5]']3" East 163.05 ~cet to a po~n~ of [,~uer~e curvet,ire; thence easterly 170.84 fee~ along the arc of a circular curve concave r, or~h~r]y having a zed!us o~ V'/9.0O foci t:},rrn:ch a central angle of 12"33'54" and ]70.49 f~:~:t ; t}~r:~c:~? .c~oL,.th R9'08'10'' ;£a:;t 235.00 f~ r)r~ t)lr: [~rol:)o..'sr_'d v;rp.:;tr:r]y riq:~,-of-way linc Page 4 of 6 I 3" East AGENDA ITEM ct N~._a poi pg. q Capri Road; lhence run alon9 said propor, ed right-of-way lit,,, in the ~o~]c}w~ th;~e (3) d,~scr]bed cc)~r~e~ t)einq paral]~,l wkth and 25 [ect westerly cf the extsti, ng zi~jht-0[-way of C.R. 951; 1) ~ouLh 00'51'41" wJ~t~t- 7434.47 ~cet; 2) southerly 1695.32 feel a%ung thc arc ota circular curve concave w~stcrly having a radius of 2789.93 tect through a central angle of 34"48'5fl" and bei~l~ subtended by a chord which bears South lflo16'10'' West 1669.36 feet,; 3} S~mth 35"40'39" west 5513.54 feet I.o a point the nolthwestcr]y ]ine of that ]and dencribed in O. R. Bo~2k ]24, page d59; thence leaving said r~ght,-of--,day linc and along noltheasterly linc of said ]and, North 54"20'24" West feet.; thence alon~ r.~]c northwesterly linc .o~ sa~d ]and, South 35~40'3q'' West 219.95 fcct to a point on the northeastelly r~ght-of-way line o[ U.S. 41, Tezni&mi Trail; thence along aa~.d right-o= line North 54"20'24" WenL 325 00 fe,~[ t~: thc ,. -way sout.hcrl~ost corner o~ that land dcsczibed in O. K. Book 1173, page 789; thence alonq the southeasterly line of said ]and, 35~40'39'' Eay, t 275.00 feet; thence along the northeastelly ]ine of said land, North 54"20'24" West 170.00 feet-; thence along the northwesterly line of said land, South 35"40'39'~ West 275.00 feet to a Do~n~ o~) thc northeasterly r~ght-of--way ].~ne of U.S. 41, '?ami~gni Trail; thp. nce along said right-of-way line, North 54~20'24'' wenl qSq.12 feet; thence continue along said right-of- way line North 54~25'09'' West 3328.63 ~eet to a point on t. he norIh and south 1/4 sect2on line of said'Section 33; thence said north and sokltt% 1/4 section linc North 02"~3'23" East 3282.~4 feet to thc no~th ]./4 corne~ ol said Scctlon 33; thence ,,~,n~; the ~o~,t.b l i.n~ o[ said Section PS, Nor~'h 89 33'~~E~ Page 5 of 6 pg. the we.:.;I, line of ,.~.~i(l St:t:t.ir)n 21 ~orth 2°58'()9'' Fonst. Page 6 of 6 r o.c:~ r'cI; AGENDA ITEM_ No. _q ~ Nov 2 5 1997 MEMORANDUM DATE: November 19, 1997 TO: Board of County Corm-nissioncrs FROM: Timothy J. Constantine Commissioner, District 3 RE: Landfill The choice of the site of Collier County's next landfill has been a long one. On three occasions the Board of Commissioners has commilled not to expand at the current site. Additionally, after considerable input and public hearings, the Board voted against increasing the height of our existing landfill beyond 108 feet or filling in between cells. After a far reaching request for proposal (RFP) came back with no viable cost effective alternative means of disposing of our waste, the Board charged a citizens advisory committee with locating a site for the next landfill. An exhaustive, thorough and legally defensible search process has been nearly completed and the Commission is scheduled to make its selection December 16. I look forward to presenting you with our findings on that date. Despite the fact it was considered and proven not to be cost effective during the RFP process, one alternative method continues to be brought up as a purported remedy to our problem. Trucking our waste out of County has been mentioned by several groups including the agriculture industry. The unsuccessful (and expensive) trucking bidders from the last RFP have both indicated verbally that costs have dropped considerably since that time. Research by our staffand myself have found little evidence in the way of other community contracts to support this information, however, it may be worth getting a definitive answer. My suggestion is that we hold our hearing December 16, 1997, as scheduled and choose our top site. I would further suggest however, that concurrently we issue an RFP for trucking our waste out of town. If the bids axe requested in the coming weeks, we will have our answer by early January. At that time if trucking makes clear economic sense we can pursue that option. If not, we will already have established our top site choice and can begin appropriate action mediately. A number of community organizations have already issued newsletters and mailers announcing the December 16 hearing date. I don't believe we should, nor is it nec, esl to change that date. If we direct staffto issue the bid opportunity today, we can mak AGENDA IiOV 2 5 lgg Pg._/' fully informed decision as early as the first Tuesday in January on the viability of tracking our waste elsewhere. I believe these action will ketp us on .schedule yet answer the one lingering question in a timely and definitive manner. Thank you for your consideration. TJC:sf AGENDA ITEM I~o .~ NOV 2 5 ~? Pg o._..~ EXECUTIVE SUMMARY PUBIC HEARING TO CONSIDER TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW PETITION CP-97-02, BRUCE ANDERSON AND ROBERT REPRESENTING JIM COLOSIMO, TRUSTEE, REQUESTING TO AMEND THE GOLDEN GATE AREA MASTER PLAN BY ADDING A NEW DISTRICT TO BE KNOWN AS THE PINE RIDGE ROAD MIXED USE DISTRICT AND BY INCREASING THE MAXIMUM AREA ALLOWED FOR CONDITIONAL USES FOR PROPERTY LOCATED WEST OF NAPLES _GATEWAY PUD ON THE NORTH SIDF,, OF PINE RIDGE ROAD. OBJECTIVE: The objective of this headng is to consider transmitting Petition CP-97-02 to the Department of Community Affairs for Objections, Comments and Recommendations. CONSIDERATIONS; The subject petition is requesting to amend the Golden Gate Area Master Plan by adding a new di~rict to be known as the Pine Ridge Road Mixed Use District for three (3) tracts of land lying immediately west of Naples Gateway PUD and to increase the ac~age allowed for conditional uses. The subject property is 12.79 acres in size. The eastern 2.59 ac.J~s is wetland and would be left in ~,s natural state. C-1/T uses would be allowed only on the eastern portion of the property. Conditional uses are proposed to be allowed on the entire site. The petitioner's original requesl was lo allow a maximum of 50,000 square feet on C-1FF type uses; however, the petitioner has agreed to limit the maximum building area to 35,000 square feet and to add a buffer area on the north and west sides of Ihe property. Petitioner has also agreed to delete the automobile parking garages, homeless shelters and soup kitchens from the uses allowed in the C-1/'T district. The CCPC heard this petition on October 2, 1997 and recommended that Petition CP-97-02 be transmitled to the Department of Community Affairs subject to the following language which the petitioner has agreed to: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District' allowing no more than 5 acres of C-1/T uses on the eastern portion of the property. The proposed texl change is to the ~ Inter'slate Activity Center, page 21, Section B.1 .B.4 as follows: 'On the fringes of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interslate Activily Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not this Master Plan. Adjacent to this Activity ~entf;r on [h.e We.st .~i(~e of !-75 and on the north side Of Pin~ Rid<3e Ro~ld is a omDert¥ com,odsin~ 1;~.79 acres located to the west of the N~Dtes Gateway PUD. which is ~esi(3nated as the Pine Ridge Road Mixed Use Di51dct and consists of Tm<ts 12. 13, and 28 of Gok~en Gate Estates. Unit 35, as r~c~rded in P.B. 7. Page 85. Within this di~tdct no more than 35,000 $43uare feet on 5 acres of Office related uses as ~ forth in the C,.-1FI' ('Th~ Commercial Profe...s.~ional Transitional UT, e [;:)i~t.ric~) are ~.rmitted wfl;hin the ca,.em portion of this pro_j~rty. The property in MS enl. iretv is also I;~rm~ed to be ~teveloDed with Conditional U_~.~ of the Estates Zonino District. Such Permitted uses ~h,a, II ,be encouraoed to I;)e submitted as a Planned Unit Development Zonir~3 Distdct for ~he subiec[ ~oc~rt¥ in its entir~y, with sc~cial aMention to be provided for access, water management, uniform landscaDino, sk~naae, sc~'~enin<3 and Ix,,fferir~3. and pther ~rtinent d~v¢lppmen~ ~andard$ to ensure comoatibilit¥ w~h nearby residential areas, and subject to the followinQ ad(;litional cdIed{~: cP-cJ7.O2 STAFF REPORT f GENDA ITEM o. 12 A¢1) ovember 25, 1997 ~. 1 There .~hall I;)e no access onto Livinqslon Woods Lane; There ~hall be a minimum landscaped buffer along the north and w~ property lines of 75': pdveway ~ccess, parking and water manaeement may be allowed v,-ilhin the 75' buffer ~..re. ~ ,alone the west property line and w.ater management within the 7,,5' _buffer a.long the north ProPertY line but none o.f these uses shall J~ located .closer t.ha.n ~,0'to the w~.st Or north ¢roperty line; and. No automobile parking ¢mraqes. homeless shelters or Soup kitchens shall I~ 2) Amend the exi~ing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section B.1.C,3, second paragraph sub-paragraph c as follows: 'Site shall be 2.5 acres or more in size and shall not exceed 5 acres, u__nl¢~ the subject oro~erty is adia~nt to an interstate A¢ivity Cent?r 9r the Piqe Ridge R0a(;I Mixed Use Di~tdc~ with no ir~te~¥ening ~ublic ~reet~. FISCAl.- IMPACT: This is a request to transmit only a proposed amendment to the Golden Gate Area Master Plan. Any fiscal impact would occur at the time of any rezone or conditional use request if the proposed amendment is adopted. gROWTH MANAGEMI~NT IMPACT: This is a request to transmit only a proposed amendment to the Golden Gate Area Master Plan. There is no Growth Managemenl Impact at this lime. CCPC RECOMMENDATION: That the Board of County Commissioners transmit Petition CP-97-02 to the Florida Department of Community Affairs subject to the language modification noted above. .Ma~ Lee~ REVIEWED BY:'"' BarbaraJ(~~-~'~~'"'"" DATE: Comprehensive Planning Manager REVIEWED BY: D~.r~!_l ;1~ J~p~_~ DATE: · ,A Vincent A. Cautero, AICP Administrator Community Dev. & Env. Services APPROVED BY: CP-97-O2 STAFF REPORT AGENDA iTEM NO. ~1~ A (!) November 25, 1997 P~. 2 1 5 7 $ g 10 11 12 17 lg 2O 2~ 23 24 25 27 2~ 3O 31 32 33 35 3~ 37 3,8 39 4O 42 43 45 RESOLUTION NO. A RESOLUTION APPROVlN<3 A PROPOSED AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN FOR TRANSMITTAL TO THE. DEPARTMENT OF COMMUHITY AFFAIRS BY AMENDING SECT]ON B.1 'INTERSTATE ACTIV~I'Y CENTERS' OF TH~ URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DE SIGt~,ATION SECTION OF THE LAN~ Ue'~E DESCRIPTION SECT]ON BY ADDING A NEW SUBDISTRICT CALl ~n THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-1/T USES AND BY AMENDING SECT1ON B,1.C.3 SECOND PARAGR,AJ:~H SUBPAla. AGR. APH C *CONDCTIONAJ. USES' ALSO OF THE LAND USE DESI,~r~kTION DESCRIPTION SECTION BY iNCREASING THE ACRE.AGE REQUIREMENT AL.LOWED FOR CONDiTION.AL USES. Y~I-~S, Co, lief Cocnt¥, pursuant to Section 163.3161, IL_l~g., Florida S'tatute~. Florida Local Government Con.hence Planning and Land D~.elopment Regulatk~ Act. wis re<luired to pregtre and edoffi e coml:xehensNa plan; and WHEREAS, the Collier County Boa~ of Co,amy CommL~aonem adopt, ed the Coumy Gro~h Management Plan on January 10, lgeg; and WHEREAS. the Local Government Comprehensive Planning and Land Development Regulation AC~ of 1965 i:xovides eulhonty for local govemmems lo amend their respective comp~henstve plans and outlines certain procedures Io emend adopted comprehensive plans pur-.uem 1o Sectior~ 163.31&4 and 163.31B7, Florida Statutes; and WHEREAS, Bruce Anderson and Robert Duane, mpre'senting Jim Colo~imo. Trustee. has ~4jl:)rnmld an al:)Olicatio~ to the Collier Cogn~ Planning Services O~l~!,ment to amet'KI the Golclen Gate Area Master Plan I~' allO'~ng e new s4jbdi~rtct called the Pine Ridge Mixed Use D~strtct and to increase ~e acz~ege allowed for cond~o~at uses in Transitional Areas. WHEREAS. the Collier County Planning Commtl, eio~ t~as consi~md the propos~ amendment to tJ~e Golden Gate Area Master Plan pur~Jant to ~ eutr~o~-ity granted to II by Sec=ion 163.3174, Floftc~a $1atute$ (1995), and h~ rlcommende<~ e~:xovll of seed alq'lerrldrnlnt to the Boarcl of County Commi~oners; and WHERE.~.S, upon receipt of Collie~ County's ~ Grmvth Management Plan Acr~ndrr~nt. ¥1r'~.~ ~ta~e ~ ar~0 t/~ D~I~ of Coff~lUnJt7 Affllm (DCA) h~vl nh'~y (9~ ~ to m-view the proposed Arn~r~meflt and DCA rnu~ tran.~rnit, in writing to County. iL~ comments llong w~h any oOje<:;tJo~ end I~/ el<~r, ff~13a'Joe~ fo~ rrkodiftcltJon. w~'tin &aid ninety (913) {:taT1 pue~ul~ to S, ect~xt 1~3.31~4, Florida S~tutes; and ~x~ (60) dal~ of ~ctt rloeq31 pumulrl to ~ect~a~ 1~3.31B4. ~ ~tatu[~; WHEREAS. the OCA, vath~ k,~7-r~e (4~) ~ of n~ ~. - AGEN~A.~IT~ki 1 198.5; the State Comprehensive Plan; the epprop~'tete Regional Poti~ Plan and Rule g J-5. 2 Ftor~da Administrath, e Code, pursuant to Section 153.3184, Flonda St~rlutes. 3 NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 5 The Boa~ hereby apl:)~'ove$ this p~oposed amendment !o the Land Use De~rtatJo~ Descnplion Section of the Golden Gate A~ee Master Plan. page 21, Section B,1.B.4 and 7 pegl 21, Section B.1.C.3, second paragrlptl I~bf~ragrap~ C, in &cco~ance wtth 8~ctio~ 8 163,3164. Florida Statutes. The leXt of the amendment Ls atlac~ed hereto as ~ 'A' 9 and Incorpo~'ated by reference hemtn, for purpo~ of tran~mRtal to the Depa~nent of 10 Comrnunit). Affatm thereb~ Initiating Ihe required State evaluatk)n of the Growth 11 Management Plan Amendment I~iOr I0 final adoption and ~tate cletermirtatioll of 12 compliance. 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 37 38 39 40 41 43 45 48 47 48 51 52 53 55 57 58 80 82 85 67 70 THtS RESOLUTION ADOPTED after motion, second and majority vole this da)' of , ,, 1~7. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY k HANCOCK. Chairman Ap~roYed as lo form and legal sufficiency: MARJ~RIE M. STUDENT Assistant Coumy A~lomey CP-~7-02 Transmm, al Resolution AGENDA NOV 2 5 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 55 1) 2) EXHIBIT 'A" Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District' allowing no more than 5 acres of C-1/'T' uses on the eastern ix)dion of the property. The proposed text change is to the ~ Interstate Activity Center, page 21, Section B.1 .B.4 as follows: 3eclion B.1 .B.4 Interslate Activity Center of the Land Use Designation Description Section 'On the fdnges of the Golden Gate Masl, er Plan boundaries there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Aclivity Center are subject to the County-wide FLUE and not this Master Plan. Adjacent to this Activity Center on the west side of 1-75 ~nd on the north side of Pine Ridge Road is a property compdsin~ 12.79 acres located to t.he west of the N. aples Gateway PUD. which is desiqn~ted as the Pine Ridge Road Mixed Use Distdct and consists of Tr.act.s 12, 13, and :~8 ,of Golden Gate Estates, Unit 35, as recor,.led in Plat Book. 7, page 85, of the Public Records of Collier County. Within this disld~ no more than 35,000 So~ua~ feet 9n 5 acres of office related uses as set fodh in the C-1FF ('The Commerci~ Professional Transitional Use District} are permitted within the eastern po,'lion of this property. The prope_rty in its entirety is als0_permitted to be developed with Conditional Uses permitted bY the Eslates Zonin.q District. Such permitled uses shall be encouracled to be submitled as a Planneci Unit Develcpment Zoning District for the subiect property in its entirety, with special attention to be provided for shared accel, water mana.qem, ent, uniform landscaping, siQnafle, screening and buffering, and other pedinent development standards to ensure compatibility with nearby resid, enlial areas, and subject to the followinq additional criteria: There shall be no access onto ~ivingston Woods There shall be a minimum landscaped buffer along the north and west property lines of 75 f,eet; Ddvewa¥ access, parking and water management may be 811owed within the 75 feet b~ffer area along the we~ pr0pert¥ line and water management within the 75' buffer area aloha the north property line but none of these uses ~hall be !9ca[ed closer than 30 feet to !h{~ west or north property line; and No automobile parking, hpmeless shelters or soup kitchens shall be penmitted. Appendix 9 of the Support Document provides a detailed map of the Activity Center boundades. Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, Section B.1 .C.3, second paragraph sub-paragraph c of the Land Use Designation Description Section as follows: Section B.1.C.3, second paragraph sub-paragraph c Conditional Uses In addition, condi!,ional uses may be granted in transitional areas. The purpose of this provision is to allow conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use between non-residential and residential areas. The following cdleda shad apply for Transitional Conditional Use requests: C P-97.,0'2 STAFF REPORT AGENDA ITEM NO. 12 A (1) November 25, 1997 Pg 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Site shall be directly adjacent to non-residential use (zoned or developed); Site shall be no closer than % road mile from the inlersection of a Neighborhood Center; Site shall be 2.5 acres or more in size and shall not exceed 5 acre~. unless the subject properly is adjacent to an Interstate Activity Center or the Pine Ridge Road Mixed Use [)iSldct with ng int~rvenin(i Dub!it. ~treets, i:Zcevi.'-.;o.",a! Conditional uses shall be located on the allowable acreage directly adjacent to the non-residential use; Site shall not be adjacent Io a church or other place of worship, school, social or fratemal organizalion, child care center, convalescen! home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation center: and Project shall provide adequate buffedng from residential areas. Words underlined are additions; Words r,,t4'.'c.k !hr-'.'..'gh are deletions. CP-97-O2 STAFF REPORT 6 AGENDA ITEM NO. ~L2 A (1) November 25, 1997 Pg. 6 TO: FROM: Mi~MQRANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, PLANHING SERVICES DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: JUNE 13, 1997 RE: PETITION NO. CP-97-02, GROW3'H MANAGEMENT PLAN AMENDMENT AGENT/APPLICANT: Agent: Bruce Anderson Young, VanAssenderp Vamadoe 801 Laurel Oak Dr., Ste.300 Naples, Florida 34109 Robert Duane Hole, Montes & Associates 715 Tenth Street S. Naples, Florida 34102 C~eF. Jim Colosimo, Trustee Jim Colosirno, Inc. 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject property, containing 12.75 acres more or less, is located on the north side of Pine Ridge Road immediately adjacent to and west of Naples Gateway PUD. The parcel lies within the Urban Estates Planning Community adjacent to Pine Ridge Road Interstate Activity Center and within the Golden Gate Area Master Plan. REQUeSTeD ACTION; This petJlion seeks to: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District' allowing no more than 5 acres of C-1/T uses on the eastern portion of the property. The proposed text change is to the fht Interstate Activity Center, page 21, Section B.1 .B.4 as follows: 'On the fdnges of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels wfthin this Activity Center are subject Io the Countywide FLUE and r~ot this Master Plan. Adiac. ent to this Actrryi~y (;enter on ,the west side of 1-75 and on the non.',.~ .T,i~e of Pine Ri._d'~e Roacl Is a oro,c, erty comprising 12,79 acres Iocate~ to the west of th,~ Naples Gateway PUD, which I§ desi{3nated as the Pine Ridoe Road Mixed Use ~istdct and con~ist~ Qf Tracts 12. 13. i~nd 28 of Go!~len Gate Estates. Unit 35. as recorde~Lip P.B. 7. Papa 85. Within this distdct 139 more than 5 acres of office r~[aled uses as se.[ f_orth in the C-_ 1/T CTh_e Commercial Professional Transitional L)~ Di~tflct) are oermitt[d within the eastern ooJlion_ of this propertY, The om.c, ertv In its entir,,,tv Is also Dermt,~_ed to be deve!o~ with Conditional Uses. including Adult Livlno Facilities. Such oermi%'~l uses may orlly be Dermitled iq .conformance wfth a Planned Unit Development Zonino Distdct for the subject property in iI~, entirely, with special attention to be or~¥ided for shared access, water manaoement. CP.~7-O2 STAFF REPORT f GENDA ITEM o. 12 A (1) ovember 25, 1997 g. 7 I 2) uniform I{~n(;l~caping. signaae, screening and buffering, and other ~;)ertinent d~veloDment standards t9 in.~ure 9ompatibility with nearby residential area.s, Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of 5 acres. The proposed text change is to the Conditional Use Section, page 28, · Section B.1.C.3, second paragraph sub-paragraph c as follows: 'Site shall be 2.5 acres or more in size and shall not exceed 5 acres, how~¥er, tracts 12. 13 and 28 of ~Golden Gate Estates, Unit 35. as recqrded in p~[~. 7, Paae 85 and compdsina about 13 acre~, mgr~ or I?~ m{~y d(~v¢op with the full range 9f (;:;Qn'~itional Uses inclvding. Adult Livina Fscilities, in eccordance with the requirement;s of l;he Pin~ Ridge Road Mixed Use Ipi~lfict provided in Section 4, Interstate Activity Center of this plan, and RJrther depicted on ~he C¢gld. e. n ¢gale Masler Plan Map. pURPOSE/DESCRIPTION OF PROJE~CT; The petitioner proposes to change the land use designation of the site so as to allow ProfessionaVCommercial Transitional office uses on the eastem portion of lhe subject properly and/or conditional uses on the property in its entirety. Presenlly, the above parcels are designated Residential Estates and will only allow single famiiy homes. Conditional uses are allowed on Tract 28 only. SURROUNDING LAND USE, ZONINg AND FUTURE LAND U$~ DESIGNATION: Existinq Condition~: The site is zoned E-Estates and is presently vacant. The entire 12.75 acres is designated Estates Mixed-Use District/Residential E~tates Sub- district. ,~wg..~undino Land Use: North and West: Single family dwelling units zoned E-Estales; designated Estates Mixed- Use District/Residential Eslates Subdlstdcl, Undeveloped Naples Gateway PUD which allows a range of Interstate commercial uses, such as: hotels/motels, full service/fast food restaurants, business/professional offices, banks and convenience stores; designated Interstate Activity Center. Soulh: Agriculture with a conditional use for a golf ddving range; designated Urban Residential. To the southeast, is Pine Ridge Center and Pine Ridge Center West PUD's which both allow automobile and truck fuel dispensing facilities, business/professional offices, convenience commercial, hotels/motels, restaurants, and automobile rental; designaled Interstate Activity Center. [iTAFF ANALYSIS; Environmental Impacts: The subject property has a wetland area along the east,~m edge of the property comprising about 2.5 acres, that is shared with an adjacent wetland area in Naples Gateway PUD. The petitioner's plan for the subject wetland and adjacent Naples Gatew~,y wetland is to preserve the wetland area, which is of a relatively good quality. cP.~7.o2 STAFF REPORT f GENDA ITEM O. !2 A{1) ovember 25, 1997 g. 9 The Natural Resourz;.es Department has reviewed the proposed plan and finds no consistency issues regarding the proposed amendment to the Golden Gate Master Plan. T~raffic Capaci!y/Traffic Ccirc.ul~ti0n AnalYst.t,; Staff has reviewed the applicant's Traffic impact Statement (TIS) and has made the following determination: The ITE Tdp Generation Manual indicates that the proposed amendment will generate approximately 1,179 trips on a weekday. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS 'C' design volume) on Pine Ridge Road after tdp assignments are made. In addition, this project will not lower the level of service below ar, y adopted LOS 'D' or 'E' standards within the project's radius of development influence (RDI). Under the existing Land Use Designation of Residential Estates Subdistdct, four (4) single family homes would be allowed which would generate approximately 40 tdps per day compared to the 1,179 tdps per day generated by the petitioner's proposal. The Traffic Circulation Element (TCE) lists this segment of Pine Ridge Road from CR-31 to 1-75 as a 4 lane arterial road fronting the project. The current traffic count for this road is 38,244 ADT which results in LOS 'C' operation. It should be noted that this segment is projected to be deficient by 1999 or 2000. However, the planned improvement to a 6 lane road is scheduled to start construction by 2000 and should be completed by 2001, As a result, the proposed amendment is deemed consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the TCE which relate to Level of Service standards and roadway LOS. Staff has also reviewed the conceptual plan from a planning and traffic safety standpoint and finds the following: Due to the clear sight distance of the proposed ingress/egress points, the access off Pine Ridge Road should operate adequately subject to any required engineering modifications. In addition, the subject site is to be developed as one unified PUD. This will result in the sharing of access points between the vadous users of the project. Furthermore, the on-site traffic circulation shall be designed in a manner that reduces possible vehicular and pedestrian conflicts and shall be consistent with Policy 7.3 of the of the existing or proposed TCE. Also, the final traffic circulation will be reviewed at the time of site development plan and/or preliminary subdivision plat review (whichever is required) and shall be required to comply with the Collier County Access Management Plan. ~.,0rpmeroial Demanql AnalYsis/Appropriateness of Change: The petitioner is justifying the proposed C-1/T Distdct based on the Future Land Use Element (FLUE) provision of Commercial Under Crfteda adjacent to Activity Centers to provide for transitional uses between higher intensity commercial uses and lower intensity residential uses. The petitioner has shown no justification for additional commercial or office uses in lhis area except for the statement that the subject property is not well suited for residential uses. In addition, the petitioner is proposing a maximum of 50,000 square feet of office uses. The existing C-1/T district limits the amount of developed square footage to 25,000 square feet. The Evaluation and Appraisal Report, as well as the proposed update Appendix 2 of the Support Document, for the Golden Gate Area Master Plan indicatss no additional commercial lands are needed. Study Area 1, where this properly is located, :.htwvs existing commercial zoning of 202.78 acres with a need for 154 acres by the year 2000. However, this area does include the City of Golden Gate which has the majority of developed commercial acreage; and the Pine CP-97-02 STAFF REPORT 10 INGENDA ITEM o. 1~ A ovember 25, 1997 g. 10 Ridge Interchange Activity Center which has approximately 37 developed acres at the Suthedand PUD and Vineyards PUD. The petitioner is justifying the proposed conditional use amendment as a transitional use between commerdal zoning and single family uses and that conditional uses can be found to be compatible with residential uses and are appropriate at this location. The Golden Gate Area Master Plan provides for conditional uses in transitional areas adjacent to non-residential us~.$, subject to certain criteria, in tx)th proposals, the petitioner indicales that single family uses are not appropriate due to the fact that no other single family homes, except for the existing home at Livir, gston Road and Pine Ridge Road, have been buitt in this area. FINDINGS AND CONCl,.V$1ONS~: · There is no additional need for commercial development within this area of the Golden Gate Master Plan nor are these tracts suitable for residential uses; however, transitional commercial uses, such as offices, would provide a buffer between the existing Interchange Activity Center and the single family to the west. There is justification for transitional conditional uses between the Naples Gateway PUD and the single family home to the west subject !o the proposed uses being compatible with the surrounding area. STAFF RECOMMENDATION: That the CCPC forward Petition CP-97-02 to the BCC with a recommendation to transmit this petition to the Flodda Department of Community Affairs and Southwest Flodda Regional Planning Council with the following changes: 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use District' allowing no more than 5 acres of C-lfT uses on the easte.rn portion of the property. The proposed text change is to the #4 Inter51ate Activity Center, page 21, Section B.I.B.4 as follows: 'On the fdnges of the Golden Gate Area Master Plan boundaries are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the Countywide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the Countywide FLUE and not this Master Plan. Adjacent lo this ACtivity Center on the ,,ve~ ~ide of 1-7.~ an(;;J on the north sid.e of Pint Ridile Roi!d i$ a property compdsina 12,79 acres located to the we~ 9f the Naple~ Gateway PUD. which i.~ designated aS the Pine Ridge Road Mixed Use Distdct an~ con$ist~ gf Trac1,~ 12.13, and ~78 of Go. den (~at.e_.Estates, Unit 35 as recorded in P.B, 7, Page 85. Within thi~ distdct no more than 5 a,-ro~ of offic~ related, use5 as set forth in the C-1FF CT. hQ ~gmmercial Pr0fessiona! Tran$~io.nal U,~e Di$1dct) are t~rmitted within the ea~em [:~rtion of thi,~ properly. The ~ro~rt¥ in its entirety is al.~,o permitted to be develope~ with Condit onal gses of th~ Estates Zonino Distdcl, ~.n"g'~,"'~ ^~,.:,!t L!v!,,~ F~,J!!t~r.~. Such p~rmitted ............. snail uT, es m.3v cn!v ,~ ,.,;~,.,m..!,",~'~. !n """' ..... " be epcouraaed to be submitted w,~ih as a Planne~ Unit Development ;:onina DistdCt for the subject property in it~ tntiret¥, with special attention tO be provided for shared ¢cce.','s, water management, unifgrrn landscapina, sianaae, screenina and buffedng.j, nd o.lher pertinent develoome.! slandard~; to) !nc:;r". epsure comoatibililv with ceut~rb¥ residential areas, and subject to the /ollowina additional crileda: · There shall be no access onto Livinaston ~ods Lane: · There shall be a minimum landscaped buffer alona the north and west oro~ertv CP~7..O2STAFFREPORT 11 AGENOA ITEM NO. ~J~ A l'J) November 25, 1997 11 2) the wes'l oj'ooertv lin~ permitled. Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of .5 acres. The proposed texl change is to the Conditional Use Section, page Section B.1 .C.3, second paragraph sub-paragraph c as followS: shall be 2.5 acres or more in size and shall not exceed .5 acres, ~ ~P~Le~ ~'Site ~~ or th Do._._u~ble Underlines are additions to the pelitioner's proposed language; words ~ ;hro~J~ are changes to the petitioner's proposed language. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Mary Lee-~.ayne ' Planner II ~/~,~ DATE: Bart}ara A. Cacchione. AICP Chief of Compcehensive, Plann_u3g., _ C D. Wayne Arnold, AICP Plan~. g Services Direj~or '~1'ncent A. Cautero, Adminis~r Community Development & Environmental Services PETITION NO.: CP-97-02 Staff Report for ~Octo .I;>er 2. 1997 CCPC Meeting. NOTE: This petition has been advertised for the .._Q_.~)ber 14, 1~97 ,,, BCC Meeting. COLLIER COUN"r'Y PLANN~OMMISSION: MICHAEL A. DAVIS, CHAIRMAN 6 NOV 2 5 1997 P~e.~endng ~nd ~nt~cing F'k~id~"$ q~.~lifX of h'~ ~nce I~6~ HOLE, MONTES & ASSOCIATES, INC. ENG~'/EERS PL.A,~IERS SL,~VEYORS March 27, 1997 Mr. David Weeks Senior Planner Collier County Planning Services Comprehensive Planning 2800 North Horseshoe Drive Naples, Florida 34104 SUBJECT: Golden Gate Minter Plan Amendment HMA File No. 97.08 Dear Mr. Weeks: Bruce Anderson, fi.om the law firm of Young, VanAssenderp & Vamadoe, and I represent the owner of a +12.75 acre tract contained in Section 7, R26E, T49S and located on the north side of Pine Ridge Road. The property is immediately adjacent to and west of Naples Gateway a 13 acre planned commercial development that permits a broad range of retail uses. (See attached location Map, Exhibit 2.) Naples Gateway is designated as an Interstate Activity Center on the County's Future Land Use Map. (See attached Future Land Use Map, ExYfibit 3.) Golden Gate Master Plan The subject property is governed by the provisions of the Golden Gate Master Plan which permits Conditional Uses in transitional areas on sites 2.5 acres in size, but no greater than five acres, to act as a transitional use between non-residential and residential uses. The proposed Concept is illustrated Concept Plan, Exhibit 4. The proposed Concept Plan provides for abou~ preserved as wetlands. The balance of the property is Froposed to be limited tc Plan for this 13 acre property on the ay. ached Master ?"IS TE~.4TH STREET SOUTM 1~:75T C~F~CE ~ 15.e~ ~).P'L~$. FLORIDA ~4"1~.,~ ~41.~'12.a~17 FAX ga 1.2't~.:]074 AGENDA ITEM 5 acr~' f~ NOV 5 1997 Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HN'~ File No. 97.0Ig March 27, 1997 Page 2 uses, as set forth in the C-lfI' commercial district and confined to the eastern portion of the property. Conditional Uses may also be permitted on the property in its entirety. (See Exhibit 5, c-iff zoning district requirements.) As part of the amendment, is the establishment of the Pine Ridge Road Mixed Use District for the subject property. Language is proposed that will r~uire the entire property lo be unified into one planned unit development. This will result in the sharing of access between various components of the property, including water management landscaping and buffering amongst other development standards unified at the time of zoning. The proposed language to the text of the Golden Gate Master Plan is provided below. See also attached an amended Golden Gate Master Plan Map providing for the location of the Pine Ridge Road Mixed Use Center for the subject property. (Attachment 1) Proposed Amendment Language #4 Interstate Activity Center (,page 22) ~Vithin this district no more than 5 acres of office mlgted uses ~s set fm On the fringes of the Golden Gate Master Plan boundaries axe several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road, as detailed in the countywide Future Land Use Element (FLUE). ,Adjacent to this Activity_ Center on the west side ofi-75 and on the north side of Pine Ridge Road is a pro_r>erry cQmprising 12.79 acres located 1o the west of the Naples Gateway PUD. which is designated as the Pine Ridge Road Mixed Use District and consists of Tracts 12.13. and 28 of Golden Gate Estates. Unit 35. as recorded in P.B. 7. Page 85. AGENDA iTEM th in ~ c'.l rr Fl"he/ W :\ 199 7X9'~ 008x,%L D'~DW'/032 '/.DOC NOV 2 5 19S7 .,. Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HMA File No. 97.08 M~rch 27, 1997 Page 3 Commercial Professior~l Tr;msili_onal Use Dis~ct) are permitted wi,,.hin the ea._stem .r~ortion of _t!'fi_s property.. The property_ in__its entireV/ is also permitted 'to be developed with Conditioral ~ding Adul_t Living Facilities. Such per"tllj~ed uses may only be permitted in ~onfom',ance with a Planned Unit Development Zoning District for tt'm.s_ubjem propenS_' in its entiren..', with special attention to be provided for shared access, water management, uni~rm landscaping, signage, screening and buffering, and other pertinent development standards to insure compatibility_ with nearby residential areas. Language is also proposed to be added to Section C, P. 28 to permit Conditional Uses in excess of five acres on the subject property and this language is set forth as follows: c) site shall be 2.5 acres or more in size and shall not exceed five acres, however, tracts 12. 13. and 28 of Golden Gate Estates. Unit 35. as recorded in P.B. 7. Page 85 and comprising about 13 acres more or less may develop with thc full range of Conditional Uses including Adult Living Facilities. in accordance with the requirements o£ the Pine _Ridge Road Mixed Use District provided for in Section 4. Inters/ate Activity_ Center of this plan. and further depicted on the Golden Gate Master Plan Map. Existing Conditions The subject property has frontage on Pine Ridge Road of approximately 1,000 feet and is one lot removed from a parcel comprising about 4 acres which is located at the future intersection of Pine Ridge and Livingston Road. TrafSc volumes on this major arterial are presently approaching 45,000 vehicles per day under a four lane road condition. Ina Ridge Road to widen it to six lanes are proposed to t.x, made on or befor roven~a~ rl~ae 2001, which will NOV 2 5 1997 p~. / ~ W :\ 1997X.9700~KLD',DWT032?.DOC I ,ii ~ I~ J ~:~- ,, ~_{ z<~ ~,i, I~ I,, ~ ~ .. ~ ~f · ~ < < ~ -- j o o o o Ill ' ~' ~ ~ ~ ~ ~0 0 ,,,.o~~ ~' '" '~ ' i:~'i~'r 153 LY:YL:~: /6-I.C-Y 3 Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HMA File No. 97.08 March 27, 1997 Page 4 permit the capacity of this roadway to be enhanced to accommodate increasing volumes of traffic in the general area. The subject property has a wetland area along the eaxtcm cdge of the property comprising about 2.5 acres, that is shared with an adjacent wetland area in Naples Gateway. The long term plan for the subject and adjacent Naples Gateway is to preserve this wetland area, which is of a relatively good quality. (See attached vegetation map and description of existing vegetation conditions, Exhibit 6.) Land Use and Zoning Patterns Land use and zoning patterns are fully documented in the attached land use map, Exhibit 7 and zoning map, Exhibit 8. Lands to the east are vacant - The Naples Gateway PUD as are lands on the south side of Pine Ridge adjacent to Naples Gateway which are also vacant, and zoned commercial for the Pine Ridge Center (F_.ast and West). Land to the west are developed with a single family house on property zoned Estates. Lands to the north of 8th Avenue S.W. are also zoned Estates and are developed with single family homes. Lands on the south side of Pine Ridge Road are zoned Agriculture and developed with a Conditional Use for a Golf Driving Range. A Garden Center is currently developed to the west of the intersection of Pine Ridge and the future extension of Livingston Road. Therefore, there is a mixture of land uses developing in the immediate area, including commercial, recreation.d, and single family uses principally north of the subject property, not withstanding the only single family use with frontage on Pine Ridge Road between 1-75 and Airport Pulling Road, again ,located immediately to the west of the subject property. The future intersection of Pine Yddge and Airport Road ~ ,'o""" '"'~" volumes in excess of 75,000 vehicles per day upon completion of Livingsto: Roa~[°and--'w~ ~/~/ NOV 5 1997 W:\1997~97 C)08~.RLD~D'~70327-DOC Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HMA File No. 97.08 March 27, 1997 Page 5 buildout of the general area, wkich will further impact this home making it less desirable for single family uses. Public facilities to serve the needs of the proposed development are readily available to the subject property including sewer and water service. The availability of public facilities is further discussed in the attached public facilities description along with a map of public and quasi-public facilities in the general arca.(Exhibit 9) Proiect lustification As previously noted, the Golden Gate Master Plan presently allows Conditional Uses on only five acres of the subject property and +3 single family dwelling units on 2 1/4 acre Estates zoned lots on the balance of the property, extending towards the intersection of Pine Ridge Road and the future intersection with Livingston Road. Based on existing conditions surrounding the property, which include frontage on a heavily traveled arterial - Pine Ridge Road and developing commercial and other non-residential uses developing in the immediate vicinity of the property, the subject property is not well suited for single family uses. This is supported by the fact that no other single family uses have developed in the recent past in the general area with frontage on Pine Ridge Road. With regard to the proposed Conditional Uses, such as churches and schools and Adult Living Facilities, such uses can be found to be compatible with residential uses and, therefore, are appropriate at this location for both k, nds located to the north of the subject property and lands located to the west, (the single family house), as long as it ,,~,, ~,',~,;,, · AGENDA ITEM No. 17..4 1 N0V 2 5 lgg? W:\199T~97001~d.-D~V'~7032?-DOC Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HMA File No. 97.05 March 27, 1997 Page 6 _Commercial U~ses With regard to proposed office uses in the C-lfI' District proposed to be permitted along the eastern portion of the property, current provisions of the County's Future Land Use Element, specifically Commercial Under CHteria, as applied to the Urban Area, allow for such commercial "Infill" uses adjacent Activity Centers in the Urban Area, to provide for transitional uses between higher intensity commercial uses and lower intensity residential uses on properties meeting these criteria which are often not well suited for residential use, such as the subject property. Because the subject property is adjacent to the Naples Gateway PUD that permits the full range of commercial uses, it is a generally accepted planning practice that such limited commercial uses may be found to be compatible in locations similar to the subject property because they are lower order commercial uses and transitional in nature. Existing conditions around the subject property do not appear to warrant different treatment than would be provided adjacent to other Activity Centers, which is an important planning consideration in this request. This consideration being the subject property is not well suited for residential uses, whereas limited office uses and conditional uses are as proposed on the Master Concept Plan, based on existing conditions around the property. To insure that the subject property develops in accordzaace with an overall master plan, as noted, the property in its entirety is proposed to be developed with a PUD zoning designation which will insure an integration of land uses, access, landsc,'~ping and signage, to insure that quality development will ensue. This planning consideration cx,mbined with the depth of the property, which is in excess of 600 feet, is of sufficient size to allow for ample setbacks and screening and buffering from adjacent single family uses located to the north, which is also a proposed Pine Ridge Road Mixed Use Dis~ct. W:H 99 7t9700ILR.LD~D W70 } 27 ~:~ ~. _1 ~ L NO¥ 5 1997 p~. / ~ Mr. David Weeks Collier County Planning Services Golden Gate Master Plan Amendment HMA File No. 97.0g March 27, 1997 Page 7 Because the proposed mix of conditional and office, uses are not intensive land uses as characterized by retail or some other types of commercial uses, minimal impacts on public facilities are anticipated, and no reduction in the level of service, particularly after the expansion of Pine Ridge Road from four lanes to six lanes is anticipated with the developmcnt of proposed uses. A generalized public facilities analysis is provided in this petition for the impact of Conditional Uses on services. This analysis will be expanded to take into account potential impacts of limited office use of the property should this be determined necessary. In summary, based on existing conditions in thc genera' area, the proposed request to develop limited office uses on the eastern portion of the subject property and or Conditional Uses on the property in its entirety arc not out of character, scale or intensity with other uses developed or developing in the vicinity of the subject property with frontage on Pine Ridge Road, with the exception of thc single family use existing at the intersection of Livingston and Pine Ridge Roads, which has been developed for quite some time, before conditions in the general area have changed. Y/:~1997~97001'4LLD~WT0327.DOC Furthermore, remaining undeveloped parcels on arterials, within the Urbanizing Area, pose a challenge to County staff and elected and appointed officials to provide for reasonable use of infill properties at compatible locations wher~ existing and planned uses have available adequate infrastructure to meet the needs of such planned developments. Based on the foregoing and attached data and analysis, thc subject property can meet this general test. Furthermore, there are A~g~OA very few properties remaining vacant in the Golden Gate Master Planning A~ a, ac~.a~e NOV 2 5 1997 ! 1 Mr. David Weeks Collier CounD' Planning Services Golden Gate Master Plan Amendment HMA File No. 97.0R March 27, 1997 Page 8 Collier County Gro~ Management Planning Su~', that can provide for additional Conditional Uses in this plarming area, (A map can be provided upon request.) Therefore, the subject proper'cy, while located on the fringe of the Golden Gate Maxter Planning Area, can provide additio~l area to meet the needs of a future expanding population base in the Golden Gate Master Planning Area for such uses as Adult Living Facilities, schools, churches, and similar kinds of uses, including limited office development with sufficient development standards and safeguards to protect nearby and adjacent properties, which are well suited for the subject property. If, after you review, you require any additional information, please don't hesitate to contac{ me. Very truly .-,'ours, HOLE, MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD/dj Attachments W:~ 1997~97008xKLDe~W?0327.DOC Sec. 2.2.12. 2.2.12.1. 2.2.12.2. 2.2.12.2.1. Exhibit 5 ZONING §2.2.12.2.1 Commercial professional district (C-l) mud commercial professional (ran. sitional distr~ct (C. lfr). Purpose and intent. The C-1 commercial professional district is intended to permit those uses which minimize pedestrian and vehicular traffic. The pro- v~sions of the &l district are intended to apply to areas located adjacent to highways and m-terial roads. Landscaping, controlled ingress and egress, and other restrictions ~re intended to minimize frequent ingress and egress to the highway from abutting uses. The &l district is designed to be compatible with all residential uses, ~ well ~ residential uses located along arterials. The &lfI' commercial professionalYtransitional district is intended to apply to tho~e areas that are transitional, located between ~reas of higher and lower inten- sity development that are no longer appropriate for residential development. The uses in this ~strict are intended a~ an alternative to retail, and meet the intent of the C-1/T commercial professionalAransitional district. Those areas identified a~ transitional (C-I~I') shall be further noted on the official zoning ada& The commercial professional district and the commercial professional] transitional district are corisistent with the locational criteria for commercial ar.d the goals, objectives and policies as identified in the future land use ele- ment of the Collier County growth management plan. The maximum density permissible in the commercial professional district and the commercial profes- sional/transitional district in the urban mixed use land use designation shall be i,'uided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum densig' permissible or permitted in a district shall not exceed the density permissib]e under the density rating system. The &I/T zoning district, where utilized to meet the intent of the commercial under criteria provisions of the future land use element of the comprehensive growth management plan, shall only be appUed one time to serve as transitional use and will not be permitted to expand adjacent to other C-UT zoning. The only exception is the expansion of C-1/T zo~ng that was approved pursuant to the zoning reevaluation pro- Permitted uses. The following'uses, as identified with a number from the Stan- dard Industrial Classico(ion Mt~nual (1987), or az othervdse provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the C-1 commercial professional district and the &l fi' commercial professional/ transitional dis~ict. Permitted uses. 1. 2. 3. Accounting, auditing and bookkeeping services (8721). Automobile parking (7521). Business services (groups 7311, 7313, 7322-7331, 7338, 7361, 7371, 7372, 7374-7376, 7379). Child day care ser~fices (8351). Group care facilities {Category I and II, except for ho, units, except for homeless shelters; and nursing horn 2.6.26. LDC2:41 ~ u ~.c~' ~.b sec[ion t2. A/ NOV 2 5 1997 2.2.12.2.1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.12.2.2. 2.2.12.3. Supp. No. 1 6. Engineering, architectural, and surve)4ng services (groups 8711-8713). 7. Individual and family sodml services (8322 activity centers/elderly or handicappe~; adult day care centers; and day care centers, adult handicapped only). 8. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 9. Legal services (6111). 10. Management and public relations serv/ces (groups 8741-8743, 8748). 11. MisceLlaneous personal services (7291). 12. Museums and art galleries (8412). 13. Nondepository credit institutions (groups 6141.6163). 14. Real estate (groups 6531-6541). 15. Any other commercial use or professional services which is comparable in nature w/th the forego, lng uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely assoc/ated with activities conducted in an office. Uses :~:cessory to perrnftte~/ 1. Uses and structures that are accessory and incidental to the uses pcr- mitred as of' right in the C-1, C-1/T district. 2. Caretaker's residence, subject to section 2.6.16. ConcIitiorml wes. The following uses are permissible as conditional uses in the commercial pro£essionEAransitional district (C-l, C-l/T), subject to the stan- dards and procedures established in division 2.7.4. I. Civic, social and fraternal associations (8641). 2. Depository institutions fgroups 6011-6099). 3. Educational aery/cea (82.ll.-6231). 4. Health services (6011-8049). 5. Home]ess shelters, as defined by this code. 6. Increased building height to R maximum of 50 feet. ?. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of' the residential uses and of the neighboring lands; b. The commercial uses in the devalopment may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; LDC2:42 N0¥ 2 5 1997 2.2.12.4. 2.2.12A.1. 2.2.12.4.2. 2.2.12.4.3. Supp. No. I ZONING §2.2.12.4.3 e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be contr0iled by the dimensional standards of the C-I, &iff district, together with the specific requirement that in no instance shall the residential uves exceed 50 percent o[ the gross floor area of the building or the den- sity permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residentiM dwell/rig unit shall contain the following minimum floor aress: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units -~hall be restricted to occupancy by the owners or lessees o[ the commercial units below; j. A minimum of 30 percent of the m/xed use development shall be ma/nta/ned as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered w~th irnpervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is main- tained); k. The m/xed cornmercia.Uresidential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not lim/ted to, minimizing noise associated with commerdal uses; directing commercial lighting away from res- idendal units; end separating pedestrian and vehicular accessways ,.nd parking areas from residential un/ts, to the greatest extent possible. 8. Nursing and personal care facil/ties (8082). 9. Personal services (7261).. 10. Religious org~ni:ations~(8.661). 11. Soup ldtchens, as defined by this code. Dimc~ior~l smndard.~. The foUowing dimensional standards shall apply in the C-I, C-IFF district. Where specific development criteria and standards a/so e~st in the Golden Gate Master Plan, Irnmoka]ee Master Plan or the future land use element of the Collier County growth management plan, they shall supersede any less stringent requirement or place additional requirements on development. Minimum lot area. 20,000 square feet. Minimum lot width. 100 feet. Minimum yard requirtments. 1. Front yard. 25 feet. 2. Side yard. 15 feet. LDC2:43 AGENDA ITEM No. ~ NOV 2 5 1997 pg. Z- ~ ~ 2.2.12A.3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.12.4.4. 2.2.12.4.5. 2.2.12.4.6. 2.2.]2.4.7. 2.2.12.4.8. 2.2.12.4.9. 2.2.12.4.10. 3. Rear yard. 15 feet. 4. Minimum yard requirement from any residentially zoned or used. property. 25 feet. Maximum hcight of structures. 35 feet. Minimum floor area of principal structure. 1,000 square feet for each building on the ground floor. Maximum lot coverage. (Reserved.) Floor area ratio. (Reserved.) Minimum off. street parking and off. street loading. Az required in division 2.3. Landscaping. Az requh'ed in division 2.4. Lighting. The maximum height of Lights shall be 25 feet. Lights shall be located so that no Light is aimed dLrectly toward a property designated resi- dential, which is located within 200 feet of the source of the light. 2.2.12.5. Signs. Az required in division 2.5. 2.2.12.6. Additional standards for C.I/T. The following standards shall apply to the C- 1/T district in addition to the corresponding standards indicated above. These requirements are mandated in the future land use element of the growth management plan. 2.2.12.6.1. Maximum lot width. 200 feet. 2.2.12.6.2. Maximum floor area. 25,000 square feet. 2.2.12.6.3. Traffic generation. The proposed use must not generate in excess of five per- cent of level of service C ~.e.k ho~r v?lume design capacity on abutting streets that provide access to the project. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3, 5-18-94) Sec. 2.2.13. Commercial convenience district (C-2). 2.2.13.1. Supp. No. ] Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide l~n'ds where commercial establishments may be located to provide the small scale shopping and personal neecla of the sur- rounding residential la.nd uses within convenient travel distance. It is in- tended that the G-2 diswict implements the Collier County growth manage-. ment plan within those areas, designated agricultural/rural; estateg neighborhood center district of the Golden Gate Master Plan; the neighbor- hood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the loca- tional criteria for commerci__'_s] and the goals, objectives and policies aa identi- fied in the future land use element of the Collier County growth management plan. The maximum density permissible in the commercial convenience dis- trict and the urban mixed use land use designation shall be guided, in part, by the density rating ~em contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a d/stria shall not exceed th'e density density rating system. LDC2:44 NOV 2 5 ,/ ~?pLICAT~ON FOR ;~ REQUEST TO AMEN~D T Z C OU~ M R '-V ' RO ~N Due Date Application Fee Application Number Date Received Pre-Application conference Date Date Sufficient This Application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Gro%~h Management office, 2800 North Horseshoe Drive, Naples, Florida 33942 (Fax ~ (~G-t~') 643-6968) The Application must be found to be sufficient for formal review within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. If insufficient, a meeting will be held between staff and the applicant, after which the Application will be returned to the applicant for completion within 30 days. For additional information on the processing of the Application see Resolution 91-521 (attached). IT you have any questions, please contact the Growth Management office, (813) 643-8409. SUBMISSION REQUIREKENTS GENERAL INFORYO~TI ON A. Name of Applicant Jim Colosimo Trustee Company Jim Colosimo~ Inc. Address 4099 Tamiami Trail North~ Ste, 305 City Naples State _ Florid~ Zip 3410~ Telephone Number (941)262-3034 Fax Number ~941)262-8307 B. Name of Agent Bruce Anderson and Robert Duane Company Young, VanAssenderp & Varnadoe Hole; Montes & Associates, Address 801 Laurel Oak Dr., Ste. 300 715 Tenth Street South city Naples State Florida Z. 34108,34102~ lp respect~veA¥ TeleDhone ~umber (941)597-2814 -Anderson Fax Number {941) 597-1060 - Ande~¢ ' (9~1)262-4617 - Duane (941)262-3974 - Duane C. Name of O%nner(s) of Record See Attached Beneficiary List Address city State Zip Telephone Number Fax Number D. Name, address and qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. This will be the person contacted for all busines~ application. NOV g 5 1997 P,. ~. D~SCRIPTION OF PROPERTY A. LEGAL DESCRIPTION Tracts 12, 13 and 28 of Golden Gate Es=aCes Unit 35, as recorded in P.F. 7, Page 85 B. GENERAL LOCATION C. PLA2~It~G COPSMI~ITY D. SIZE IN ACRES *-12.75 Acres E. SURROU]~DING I2d4D USE PATTERN F. ZOI~ING Estates Land II~e and Zoning Map~ G. FUTUR'E LAND USE ¥~AP(S) DESIGNATION P~ne R~d~e Road Mixed Use Center III. TYPE OF REQUEST A. GROWTH V~d~AGEMENT PLAN ELEMENT(S) TO BE AMENDED Plan ,Map and Text Golden Gate Master B. AMEND PAGE(S) ~ ~ 28 OF THE GROWTH MANAGEMENT PLAN AS FOLLOWS (Usa G~oos thrcughs to identify language to be deleted; Use Underscore to identify language to be added): C. ~_MEND FUTURE LAND USE MAP(S) DESIGNATION FROM D. DESCRIBE ADDITIONAL CPLkNGES REQUESTED: From Golden Gate Estates to the Pine Ridge Road Mixed Use Center TO E. AMEND OTHER M]~P(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) See Cover Letter. - 2 - ALVIN DA IILM No. / ~",~/ NOV 2 5 1997 ,, IV. R$OUIRED INTO.RMATIO~ 1. Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. 2. Provide most recent aerial of site showing subject:boundaries, source, and date. 3. Provide a map of existing land use and zoning within a radius of three hundred (300) feet from boundaries of subject property. 4. Provide summary table of approximate acreage of land use and zoning within a radius of three hundred (300) feet from subject property. See attached aerial, existing zoning and land use maps, table & aerial. B. FUTURE LAND USE DE$IGNATIO~ 1. Provide map of existing Future Land Use designation(s) of subject property and adjacent lands. See attached FLUM. 2. If subject property has more than one land use designation, provide acreage totals for each land use designation. See attached Concept Plan. C. ~_NVIRON~.ENTAL O 1. Identify native habitats and soils occurring on site and their boundaries on an aerial photograph (a scale of 1" - 200' no smaller than 1" = 400'). Habitat identification must be consistent with the Florida DeDartnent of Transportation - Florida ~nd USe ~n~ ~orms Classification System. A ~ummary table of acreage per habitat must accompany the aerial. 2. Provide a summary table of Federal (U.S. Fish and Wildlife Service) and State (Florida Game and Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther, black bear range, avian rookery, bird migratory route, etc.). - 3. Identify historic and/or archaeological sites on the subject property. See attached vegetation map and habita~ d~crip:ion and archaeolo~ical map. - 3 - A6£NDA ITEM ~ NOV 5 1997 ~efere.nce ~J-11.006, F.~,C. and Collier County's Cap~tal Improvement ~lement ICI~. Policy 1.~.2~ (Copies attached}. 1. Insert a "Y" for Yes or an "N" for No in response to the following questions. a. [N ] Is the proposed amendment located in an ar&a of critical state concern? (Reference 9J-11.006(1) (a)2, ~.A.C.) b. [N ] c. IN] Does the proposed amendment apply to the Weikva River Protection Act? (Reference 9J-11.006(1) (a)3, F.A.C.) Does the proposed amendment meet one of the exemptions to the twice per calendar year limitation on the adoption of comprehensive plan amendments? If yes which of the following? Directly related to a proposed DeveloDment of Regional Impact, pursuant to Chapter 380 F.S.? (Reference 9J-11.006(1) (a)4.a, F.A.C.) e. [N] Directly related to a proposed Small Scale Development Activity, pursuant to Subsection 163.3187(1) (c), F.S. (Reference 9J-11.006(1) (a)4.b, F.A.C.) f o IN] An Emercency, as defined in Subsection 163.3187(1)(a), F.S., which must accompany a statement setting forth the facts and circumstances justifying the emergency? (Reference 9J-11.006(1) (a)4.c, F.A.C.) Is the amendment proposed under a joint planning agreement, pursuant to Section 163.3171, F.S.? If Yes list local governments included in the agreement. (Reference 9J-11.006(1) (a)5, F.A.C.) No 3. Document the effect the proposed amendment will have on BEBR high range population projections as identified in the current CIE Update and indicate mitigation measures being proposed in conjunction with the proposed amendment. A significant impact in population is defined as a potential increase in County-Wide population by more than 5% of BEBR high range population projections. , (Reference CIE Policy 1.1.2) Not pl~'.cAble for proposed uses. 4. Describe the proposed land use and ~ndicate if it is an increase to the uses permitted in.~ .~.e'ci~id land use designation and district (commercial, i~divldua%$ etc.) or a new land use designation or district'~dent~led on the Future Land Use Map. Provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with uses, as it concerns protection of environmenta ground water and natural reservations. See cover letter. ~ly ~.nszti..V_e land, 12..~i I NO¥ 2, 5 997 Z. ?UBLIC FACILITI~ 1. Provide the existing Level of Service Standard (LOS) and document the impact proposed change will have on the LOS for the followinga~ public facilities: a. Potable Water .. b. sanitary Sewer c. Arterial and Collector Roads d. Drainage e. Solid Waste f. Parks and Recreation g. Mass Transit If the proposed amendment involves an increase in residential density or intensity for commercial and/or industrial development that would cause the Level of Service for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference CIE Policy 1.1.5) 2. Provide a map showing location of existing services and public facilities that will serve the subject property (i.e., water, sewer, fire protection, police protection, schools and emergency medical services). 3. Document proposed method of service, identify provider, and describe the effect proposed change will have on schools, fire protection, and emergency medical service. See attached Public Facilities Provisions F. OT~ER 1. Identify flood zone based upon Flood Insurance Rate Map data. ~one ~= 2. Ident~:y location of wellfields and cones of influence in relation to subject property. (Identified on the Collier County Zoning Maps). 3. Identify areas of the proper~y that are applicable to: a. An area of critical state concern, pursuant to Chapter 380, F.S.; N.A. b. Traffic Congestion Boundary; and N.A. c. Coastal Management Boundary, all are delineated on the Future Land Use Map. N.A. 4. If applicable, identify areas of th~ property within high noise contours (65 LDN or higher) surrounding the Naples Airport. (Identified on Collier County Zoning Maps). M.a. - 5 - AGENDA ITEM Mo. ~ NOV 5 1997 1. A non refundable filing fee in the anount of $2,100 for language changes in the Plan ts due at the time of Application submittal. An additional fee of $30 per acre t~ required for each affected acre in this Application. A check fox t_he total amount due should be made payable to the Board of County Commissioners. 2. Proof of ownership (copy of deed). Letter of Authorization. If the Agent is not the Owner(s) of Record, a Notarized Letter of Authorization must be provided by the ~wner(s). (See attached form}. 4. Submit one original, signed, co=plete Application with attachnents, plus 25 copies of the complete Application. 5. Submit 25 copies of each map. Each nap shall include: north arrow, name and location of principal roadways, and shall be at a 1 to 400' foot scale or at a scale as determined during the pre-application meeting. - 6 - AGENDA IT£M NOV g 5 '1997 P~, APpLiCATION FOR A REgU~-ST 'ru An~,u ~R COUNTY COMPREHENSIVE .GROw'£~{ MA/~AGEME}V~ PLAN LETTER OF AUTHORIZATION TO Wq/OM IT F~Y CONCERN: I hereby authorize /~O (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Comprehensive Plan affecting property identified in this Application. Signed: ,~~~~ ~ me of Owner(s) of Record) I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to th~ best of my kno-wledge. NOTICE_ - BE AWARE THAT: Florida Statute Section 837.06 - False official Statements Law states thai ,,~qnoever kno'wing!y makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree," punishabl.e as provided by fine to a maximum of $500.00 and/or maximum of a sixty day jail term. nature of Applicant Name - (Typed or Printed) STATE OF ( COU~TY OF ( C_o~\,e (' ) Sworn to and subscribed before me this day oe Notary Public \ ~ 5 o.,"~ MY COM]{ISSION EXPIRES: .,,,,, ,,,,., C~OOSE ONE OF T~IE FOLLOWII{G: ~,,,~: ~0. z~.,g~ ·. ,~ ~% who is personally known to me, and who has produced as identification did take an Oath, did not take an Oath AG[NDA ITEM No. NOV 2, 5 1997 MAR-25-gT TUE 11:44 RM SIM COLOSIMO IHC. 941 262 850T N,LPL~S GATEWAY LAN~ TRUST B£NEFICU,.K~S Acr~ ~v~c~t ~. ~0 ~wud S. Blac~ J~ ~ C~~ ~ Jill ~ C~m Ch~t~ ~z~ C~y Ko~r Wi~i~ JoSh Mobl~ T~t ~gel~ ~ Mon~ R~ V~ia Moss ~ucafi~ F~d Ellza~ P~oa Mo~ ~u~6o~ C~cdne Mo~ ~ ~ioa F~d ~ A~v: Co~ ~ ~. PI~ ~2 Jo~fly Wi~ ~t Of S~i~p W~ D. ~ E. Sk~or~ H~ea B. Wick 6422 Ncv,'havcn CL-ole. N~pIcs. FL 230 Guam.5' Bldg., Cedm' Rapida. IA 489~ Bonita B~:~ach Road ~/~K)4. Bordta Spri~s, FL 8231 Bay Colony Dr. #70~, Naples, FL 709 pL:~ideLa=e, Naples, FL ?. O. Box 536, BruL?oral, FA 10 l:Lam~gat~ Drive, Fa. los ?~rk. IL 999 San~ca-~le Road. Sanibel. FL 15519 V'mc Co.ge, Cent~ville, VA 513 p~etr~c Lmm, Richnmr, d, ~ 2221 Vei~'po[nt Drk'¢, Maples, FL ~11 Wildc~ RoazL Naples, FL 2015 Wamhte~aw, Ann A:bor. MI 2015 Wa~temw, Ann A~bor. ~ 2015 Wa_%h:caaw, Ann.AJbor, MI ~ 2661 Mctzo p~k-~vay, Fo~ Mycr~, FL 2421-15ghway 14E, Newport. AP. ~ I4cHug~ Plar~:, Ste 400, Southgab:, ~ 2015 Wa~h/emaw. Ann Azbor, MI 3~90 Ridgcli~e Drive. Ann Arbor, MI 43 2nd Stn:~t, Bo:dm Springs, FL 3430 Gull'Shore Blvd. N. #3-C, Naples, FL 649 FL~:~ Av~ue SomlL Naple.s. FL 4500 Glenn Avenue, #302, Sioux City, lA 232 Inter, tale parkway, Bradford. PA P.82 AGE/qDA ITEM NOV 2 5 1997 u1666877 O. IER COUNTY L993 J,MI 29 PI,I 3:O0 RECORDED 1792 OR BOOK 002207 PAGE ~.~Retur n to: Prepared by: Thomas G. Eckerty, Esq. 12734 Kenwood Lane, Suite 89 Ft. Myers, FL '33907-5639 Richard J. Aaron, Esq. Richard J. Aaron, P. A. Suite at The Commons 304, 720 Goodlette Road North Naples, Florida 33940 Parcel ID# Tract 12 - 38451000003 Tract 13 - 38451040005 Tract 28 - 38452120005 Tract 29 - 38452160007 Grantee SS#: THIS INDENTURE, Made this ~ day of January, 1993 Between, NAPLES GATEWAY DEVCO LIMITED PARTNERSHIP, a Florida Limited Partnership, whose address is 6770 Livingston Woods Lane, Naples, Florida 33999, grantor*, and JAMES R. COLOSIMO, TRUSTEE, under unrecorded Land T~n~st Agreement dated 12/10/92, with full power and authority to protect, conse~-ve, sell, lease, encumber or otherwise manage and dispose of said property as provided in Florida Statute 689.071, whose post office address is c/o Naples Realty Services, Inc. 4099 North Tamiami Trail, Naples, Florida 33940, of the County of Collier State of Florida, grantee*, WITNESSETH, That said grantor, for and in consideration of the sum of TEN and 00/100 ($10.00) DOLLARS, and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, personal representatives, successors and assigns forever, all of that certain land situate, lying and being in Collier County, Florida, to-wit: Ail of Tract 12, 13 and 28, GOLDEN GATE ESTATES, UNIT NO. 35, according to the plat thereof recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida. and Ail of Tract 29, Unit 35, GOLDEN GATE ESTATES, a Subdivision of all of Section 7, Township 49 South, Range 26 Eas~-~.as-~r.- plat thereof recorded in Plat Book 7, Page 85, Public of Collier County, Florida, : ! LESS AND EXCEPTING the following described portioq 29, Unit 35, Golden Gate Estates, to wit: Commence at a point on the Southwest corneF of said Section 7; thence run along the South lin9 of P~mid__o__~ Section North 89 34'36" East a distance of 1,29~.7~ to the Southwest corner of said Tract and the POINT OF 1792 002208 OR BOOK PAGE BEGINNING; thence run along the West line of said Tract North 00'26'26" West a distance of 38.30 feet; thence South 84'20'44" East a distance of 61.53 feet to the beginning of a curve concave Northerly; thence E%sterly along said curve having a radius of 5654.58 feet through a central angle of 02'43'58" an arc distance of 269.70 feet to the end of said curve and to a point on the East line of said Tract; thence run along said East line South 00'26'26" East a distance of 9.63 feet to a point on the Southwest corner of said Tract; thence run along the South line of said Tract and said Section line South 89'34'36" West a distance of 329.94 feet to the POINT OF BEGINNING. Subject, however, to restrictions, reservations and easements of record, outstanding oil, gas and mineral interests of record, if any, and real estate taxes for the current and succeeding years. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. ~D the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grahtor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the sane against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS ~EREOF, Grantor has hereunder set grantor's hand and seal the day and year first above written. SI~Ep, SEALED & DELIVERED ,,4-PzL , L ,j (Print name and address) Witne~ (Print name/address) NAPLES GATEWAY DEVCO LIMITED PARTNERSHIP, a Florida Limited Partnership By: Naples Gateway Corporation, a Florida _~General Partner-./ 5A ES O'CO EL5/ President/. i NOV g 5 1997 Print: ~:~cl~t-.~;. ~-5 ~'~- .. '~ Its: Secretary 6770 Livingston Woods Lane Naples, Florida 33999 1792 002209 OR BOOK PAGE STATE OF FLORIDA : COUNTY OF COLLIER: I, a Notary Public duly authorized by law in the .state and county named above to take acknowledgments- I certify that JA~ES O,CONNELL and ~¢.~d.%/i~ ¢..Cc~¢.1 are personally known to me, or as has/have produced identification, and who who did take an oath the facts are true, or did not take an oath. If nothing is checked, I know JAMES O'CONNELL and and each of them took an oath. I also certify that they (1) signed this Warranty Deed as the President and Secretary of NAPLES GATEWAY CO.OPTION, a Florida Corporation, (2) acknowledged the execution of this document for an don behalf of and as the act and deed of :hat corporation, (3) · stated they are authorized to sign for t~ corporation by that corporation by resolution, or by law, or ~, th, and that the seal affixed hereto is the seal of that corpor~t on.~- %~j~:~; k~y ~O. %~95 Notary Public v ~f~V~~j~,~',~'~'~ My co~ission Nu~er:_ ........ My co~ission Expires: WITNESS my hand and official se~ ~n the cognty ~ state ~a~ed above this ~ day of January, ~7~ ~ ~ I name~ddress below) My commission expires: Notar (Print ,7. ~ Z 2 ~ ,,'Fru~ lr~ ,,~,,"*, ~ '- '''/ Commission No. /$ ~ ' 0 ~fb ~ AGENDA ITEM No. NOV g 5 1997 · Exhibit 6 ENVIRON M ENTA L 1. Ide,~/~' t~ative habi/als a,d soils occ~,rring on sile and lheir botmdaries on a. ~erial photograph (a scale of I" = 200' no smaller tha, 1" = 400'). Habitat identificalion mtt.¥l be cot~.$i.~'tet;l with the Florida Department al Traz~sportatio, ' Florida I.cmd ( ;.w a~d Forms (Taxsiftcation ~;~xtem._ ,4 s~tmmary table of acreage per habitat mum accompany the aerial. Vegetation mapping of the property was .conducted using 1" = 200' scale aerial photographs and ground trothing in Oclober 1996. The vegetation communities were mapped using Level III of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT 1985). Level IV was used to identify hydrological conditions and disturbance. An aerial photograph with FLUCFCS mapping is attached. Also attached is a vegetation map of the property and an acreage breakdown of the habitat types is provided in the table below. tIabitat/FLUCFCS Types and Acreages FLUCFCS Code Description Acreage % of Total 212 Unimproved Pasture 3.9 32.0 4119 Pine Flatwoods, Disturbed 1.8 14.8 422 Brazilian Pepper 3.6 29.5 4221 Brazilian Pepper, Hydric 0.1 0.8 514 Drainage Ditch 0.2 1.6 6219 Cypress, Disturbed 1.5 12.3 742 Borrow Pit 0.1 0.8 7461 Cleared Area, Hydric 0.7 5.7 747 Berm 0.3 2.5 TOTAL 12.2 100.0 Pas-~ar¢lla and Asm,ciales, Inc. #96JCI036 3126/97 AGENDA ITEM No. _ t NOV g 5 1997 'age I of 2 Provide a summao' table of Federal (U.S. Fi.~h and Wildlife Seth'ice) and State (f:lorida Game and Freslm'ater Fish Commission) lisled plant and animal .V~ecte.~ ]~?lowll lO O¢Cltr Oil tile sile and'or kt~own to inhabit biological communities similar to the site (e.g., panther, black bear range, avian rookery, bird migratoo' rout,.'. ¢'tC.). Surveys of'the prope~y were conducted on October 16, I~96 and November 20, 1996 ~o identify species listed by the Florida Game and Fresh Water Fish Commission (FGFWFC), Florida Department of Agriculture (FDA), and U.S. Fish and Wildlife Service (USFWS) as threatened, endangered, species of' special concern, or commercially exploited (Wood 1996). The survey included walking meandering transects across the property for a coverage of approximately 80 percent of'the site. Listed wildlife species which may potentially occur in the disturbed cypress (FLUCFCS Code 6219) habitat include th.' Aunerican alligator (Alligator mis.s, issit)iensis), little blue heron (Egretta caerula), snowy egret (Egretta thula). tricolored heron (Egrella tricolor), white ibis (£udocinnts alba), v,'ood stork (,[I)'cteria americana) and Big Cypress fox squirrel (Scittrlt$ niger avicemfia). No listed wildlife species were observed during the surveys. The only listed plant species observed on the property ,.,,'ere airplants (Tillandsia sp.). The tillandsia were obser,,'ed within the cypress, disturbed (FLUCFCS Code 6219) habitat. Pas.-carell~ and Associates. Inc. #96.IC1036 3/26/97 2of2 ~z) ~ u 8;o d Z 0 Z E~IIIBIT 9 GOLDEN GATE MASTER PLAN AMENDMENT E. PUBLIC FACILITIES: a. Potable Water: As sccn in linc attachcd calculation sheet, thc projcctcd potable water demand for this amendment is approximately 27,800+. gpd. Collier County Utilities has a 12-inch diameter water main along Pine Ridge Road. The main would be available for use by this parcel. The anticipated usc of the site and its corresponding water use demand would not adversely impact the level of service of the 12-inch line. b. Sanitary' Sewer: As seen in the attached calculation sheet, the projected sewage flow is approximately 22,250± gpd. Because gravity sanitary sewer facilities will not be available, a pump station and force main v,'ould be constructed connecting the site's facilities with an existing 8-inch sewage force main along Pine Ridge Road. The force main is owned by Collier County Utilities and has been designed to handle wastewater from the Pine Ridge Road area. The pump station shall be designed so as to not adversely affect other pump stations connected to the force main. The projected ilo',,,' represents a minor portion of the capacity of an 8-inch force main. c. Arterial and Collector Roads: The capacity of Pine Ridge Road is 43,100 through 2001 at which time the road is scheduled to be widened to six lanes. At that time the capacity of the road '`,,'ill increase substantially. In the event the road is not expanded, the projected volume of traffic from this site will not be greater than 2.5% of Pine Ridge Road's total traffic, as seen in the attached calculations, and, thus, ','`'ill not significantly affect the Level of Service. d. Drainage: The site's historic drainage was to the south and west. Pine Ridge Road now intercepts that flow. As part of the site development, a water management plan would be developed that attenuates storm events onsite and would gradually release the storrnwater to the drainage swale alongside Pine Ridge Road. This swale conveys runoffto the Airport Road Canal. The water management system shall be designed so as to not adversely affect other properties that contribute to flow in the swale. e. Solid Waste: As seen in the attached calculations, the projected solid waste generation from the proposed use at the site is approximately 5.4+ cy/day or 950± lbs/day. The amount of solid waste generated daily in Collier County is on the order of greater than I00 tons/day. The increase generated from this project '`,,'ill not adversely affect the County's solid waste facilities or capability of collection of solid waste. AGEt~O,.~ NOV 2 5 1997 p~. f. Parks and Recreation: g. Mass Transit: Because the proposed use of the site would not be rcsidential in nature, this item is not applicable. This item is not applicable. Mass transit is not available in Collier County. AGI~NDA IT£U .~. _t~/~/_ NOV 2 5 1997 UTILITIES CALCULATION SHEET Sanitary Sewer: ACLF: Office: 150 units (~ 115 gpd/unit = 17,250 gpd 50,000 sf(~ 0.1 gpd/sf= 5,000 gpd Total = 22,250+ gpd Potable Water: Assume 25% greater flow because of irrigation demand than flow calculated above. Demand = 1.25 x 22,250 gpd = 27,813+ gpd Solid Waste: ACLF: Office: 150 units (~ 3.0 lbs/unit/day = 450 lbs/day 50,000 sf@ 0.01 Ibs/sf/day = 500 lbs/day Total = 950_+ lbs/day 950 lbs/day x lcy/1751bs = 5.4.+_ cy/day AG£NDA ITEM r~c../. 7,./)./__ NOV 2 5 1997 o~ ,¥2 TRAFFIC IblPACT ANALYSIS GOLDEN GATE blASTER PLAN AblENDblENT A generalized capacity analysis, based on Average Daily Traffic volumes, is provided belov.'. Thc project will access from Pine Ridge Road. TRAFFIC IMPACT TABLE 1 - BUILDOUT TRIPS USE SIZE TRIPS OFFICE 50,000 sf 829 ACLF 150 beds 350 TOTAL I 179 TRAFFIC IblPACT TABLE 2 - CAPACITY ANALYSIS 1998 1999 2000 Pine Ridge Trips 45,095 47,800 50,668 New Project Traffic 1,179 1,179 1,179 Ne,,',' Pine Ridge Road 46,274 48,979 51,847 Traffic with Project % of Project Traffic - 2.5% 2.4% 2.3% Under Four Lane Conditions 2001 53,706 1,179 54,885 2.1% Assumes a 6% growth rate based on 1996 traffic counts of 40,135 for Pine Ridge Road. Several conclusions can be drawn from the analysis. Projects impacts are not deemed to be significant as they are not greater than five percent of projected traffic volumes for the >,ear 2001 when the Pine Ridge Road is proposed to be improved. Pine Ridge Road, based on a 6% grow'th in background traffic, will have 45,095 vehicles per day by 1998. The capacity of Pine Ridge Road, at Service Level D, is 43,100 vehicles per day. Therefore, without this site's traffic, the road will fall below its level of ser-.'ice, if improvements are not made prior to 2001 ^~E~x ITEM · No. · '~ ~/ NOV 2 5 1937 .,. W:M 997\970~8',FORM S',TP. AFFIC2.DOC Because project impacts for lhis amendment are not significant, no additional mitigation measures or project phasing is deemed warranted. t;,. ~_?-.L~ J- NOV g 5 '1997 EXECUTIVE SUMMARY PETITION NO. PUD-89-19(1), KAREN K. BISHOP OF PMS, INC., OF NAPLES, REPRESENTING MR. WILLIAM SCHWEIKHARDT, TRUSTEE, REQUESTING AN AMENDMENT TO THE DONOVAN CENTER PUD HAVING THE EFFECT OF REPEALING AND READOPTING A NEW PUD AND MASTER PLAN, FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF INTERSTATE 75 AND IMMOKALEE ROAD (C.R. 846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 47.0 ACRES. OBJECTIVE: This petition seeks to repeal the current Donovan Center PUD and to adopt a new PUD and Master Plan without essentially changing the land use strategy. The major change is to the Master Plan in response to staff direction to achieve joint and common access between the Donovan and Stiles PUD in addition to achieving consistency with respect to the LDC relative to referencing land uses to SIC codes. CONSIDERATIONS: The property of the Donovan Center PUD is located on the south side of Immokalee road (CRo846) immediately west of Interstate 75. The replacement PUD primarily updates the PUD to the current formatting policy and references. However, in regards to residential uses, the amendment specifically requests 140 dwelling units, whereas the current PUD is silent as to the number of authorized dwelling units to be allowed on Tract 8, the residential tract. It should be noted that tract 8 is twenty (20) acres, and therefore the number of dwelling units represents seven (7) dwelling units per acre which is consistent with the FLUE, inasmuch as the property lies within a density band around the 1-75/Immokalee interchange activity center. The current PUD lists commercial uses in an alphabetized manner, whereas the proposed PUD utilizes the LDC, C-4 list with their SIC reference numbers. For all practical purposes the land uses are very similar to those currently allowed. For example, the following lists the land use similarities between the current and the proposed PUD. All manner of restaurants Automobile service stations Automotive repair and parts store New Car Sales Hotels and Motels Food Stores Furniture Stores Hospitals/Health Services Building Materials and Garden Supplies Miscellaneous Repair Shops Offices and Business Services General retail NOV 2 5 1997 P~,. ~ The following are dissimilarities or uses that are added: Used Care Sales (5521) Amusement and Recreation Services, Indoor only (7911-7941, 7991, 7993, 7997, 7999) Social Services (8351) United States Postal Services While the matter was not raised by staff at the CCPC meeting as regards to the desirability of certain land uses, particularly those not currently enjoyed, staff takes this opportunity to recommend that the proposal to add "used car sales" (SIC 5521) not be approved in recognition of the signature entr>way represented by interchange activity centers. The PUD provides for a common architectural theme, and otherwise provides for development consistent with LDC requirements for landscaping. The revised PUD contains a Master Plan which recognizes the need to interconnect with the PUD's to the east and west and relocat~:s the main accessway to the PUD along the west property line where it will assume a joint relationship with the accessway to the Stiles PUD. The Donovan PUD was the subject of sunsetting which resulted in BCC action to extend the effective date by two (2) years to November 20, 1999. This approval will establish a new sunsetting date of five (5) years from the new approval date. It is important to note that this submission is not a required submission resulting from a suns:tting action. The Collier County Planning Commission heard this petition on October 16, 1997 and unanimously by a vote of 8 to 0 recommended approval. No person spoke or other,vise communicated any objection to this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. The fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of wither final SDP approval, final plat approval, or building permit issuance a ;plical~:~:~,.t~,, development. ~o. ~ 2 NOV 2 5 1997 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-89-19(I) be approved as described thereto (i.e. PUD Document and Master Plan). PREPARED BY/1 ' RONALD' F. NINO, AICP CHIEF PLANNER by the Ordinance for Adoption and Exhibits DATE REVIEWED BY: ~OfiERT J. MULH£RE, AICP CURRENT PLANNING MA,NAGER _ DON~ W. A~OLD, ~CP ~~ING SERVICES DEP~MENT DI~CTOR VINCENT A. CAUTERO~ ADMINIST~TOR DATE DATE' / DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-89-19(I) EX SUMMARY/md 3 AGE I E No. ~ NOV 2 5 1997 AGENDA ITEM 7-J DATE: RE: OWNER/AGENT: blEMORANDUM ;OUNTY PLANqq2NG COMMISSION ,~,..,,,,n,,xuv~lYY DEVELOPMENT SERVICES DIVISION SEPTEMBER 17, 1997 PETITION NO: PUD-89-19 (1) Donovan Center PUD Agent: Owner: Beneficiaries o f Trust: Ms. Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail N., Suite 408 Naples, Florida 34103 Mr. William Schweikhardt, Trustee 900 6'" Avenue S. Naples, Florida 34102 Mr. Bert Pohlman 1730 N. Clark Street, Suite 2302 Chicago, Illinois 60614 REQUESTED ACTION: This petition seeks to repeal the current Donovan Center PUD and to adopt a new PUD and Master Plan without essentially changing the land use strategy· GEOGRAPHIC LOCATION: The property of the Donovan Center PUD is located on the south side of Immokalee Road (CR-846) immediately west of Interstate 75 (see location map, following page). PURPOSE/DESCRIPTION OF PUD AblENDMENT (REPLACEMENT}: The replacement PUD primarily updates the PUD to the current formatting policy and references. However, in regards to residential uses, the amendment specifically requests 140 dwelling units, whereas the current PUD is silent as to the number of authorized dwelling units to be allowed on Tract 8, the residential tract. While restructured, the authorized commercial uses are for all practical purposes the same. The revised PUD contains a Master Plan which recognizes the need to interconnect with the PUD's to the east and west and relocates the main accessway tc the P~D~ ~ · ~. the west property line where it will assume a joint relationship with the accessway to '~e St~[es~// NOV 2 5 1997 I P~o · "' ! The Donovan PUD was the subject of sunset'ting which resulted in BCC action to extend the effective date by two (2) years to November 20, 1999. This approval will establish a new sunsening date of five (5) years from the new approval date. SURROUNDING LAND USE AND ZONING: Existing: The property is vacant and zoned PUD. Surrounding: North - To the north lies the right-of-way of Immokalee Road and the Immokalee Canal. The Pelican Strand mixed use development and Carlton Lakes PUDs lie to the north of said canal and are actively under development in manners consistent with the GMP. East - To the east lies the Breezewood PUD, a commercial PUD currently undeveloped. South - The land is undeveloped and gpned "A" Rural Agricultural. West - To the east lies the Stiles PUD which is currently undeveloped. GROWTH MANAGEMENT PLAN CONSISTENCY: The property of the Donovan Center PUD is located within the Immokalee Road/I-75 activity center in the southwest quadrant of the entire activity center. Commercial rezoning actions may occur on lands located within activitycenters. No specific land use strategy is required including any limitation on intensity of commercial land uses. EAR based amendments currently under consideration do nothing to change the boundaries of this activity center and specifically would provide for 100% of the activity center being developed with commercial land uses. The land uses, intensity of commercial uses and residential density proposed by this PUD are consistent with provisions of the FLUE relative to activity centers. The density of the residentially designed tract is seven (7) dwelling units per acre attributable to a base density of four (4), plus three (3) dwelling units per acre due to its inclusion in an activity center band. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. NOV 2 5 1997 EVALUATION FOR ENx, IRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and the County Board of Commissioners. The petition was administratively reviewed on behalf of the EAB and those matters jurisdictionally within their purview were addressed by staffand to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the la. nd from "PUD" to "PUD". W'hen we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to tract amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to appro;'e the Donovan Center PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. It would appear that the desire to amend the Master Plan is the principal reason why this amendment is requested. As it tums out, the ameMed plan accomplishes activity center goals for unified development of disparate ownerships which was absent from the current plan. This ;,,'ill be accomplished by relocating the accessway from Immokalee Road to the west side of the property where it assumes a joint relationship with the accessway to the Stiles PUD. Provisions are contained with the PUD for proportionate sharing of costs for land value and construction. The plan amendment is also superior because it relocates the internal accessway to highway fronting parcels to a more preferred location. Relative to the proposed uses of land, staffdoes not find any of the uses incompatible with adjacent land uses considering the fact that adjacent lands are undeveloped. Given its interchange relationship and concomitant visibility, staff would be concerned with uses of land that depend upon utilizing outdoor space for the display or storage of merchandise. The standard provision prohibiting outside storage and display required of conventional commercial zoning districts is included within this PUD. The revision referencing SIC codes is preferable in that it is consistent with the way district uses are now provided for. In the opinion of staff, the uses are authorized and similar to those currently allowed. Given the fact that no contiguous land is developed, no assessment of compatibility can be raised except that, because this is an activity center in which the preferred uses are c an implicit finding of compatibility. 3 NO¥ 2 5 't997 i All subsequent development remains subject to current LDC requirements for subdivision improvements, required site development plans, landscaping buffers, and requirements attendant to the development of commercial property (i.e. architectural standards). STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of Petition 89-19 (1), being a petition to repeal and readopt the Donovan Center PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e. PUD document). RbNALD F. NTNO CHIEF PLANNER DATE / REVIEWED BY: T J~. ~HERE R , AICP CURJ~NT PLANNING MANAGER w. uce ..~PL~O SERVICE/STDEPARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRXTOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Petition Number 89-19 (1) Staff Report for October 16, 1997 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: PUD 89-19 (1) STAFF REPORT/den 5 1997 P.~TITION hqlKB ER DATE APPLiCATiON FOR PUBLIC HEARING FOR PUD AM~NDMZNT/DO'~KENT COMMUNITY DEVELOPMENT DMSION PLAlfNING SERVICES Name of Applicant(s) Mr. William Schweikhardt, Trustee Applicant's Mailing Addres~ ~0 5,~ ~en,~ cn,,~b city Naples State Florida Zip 34102 Applicant's Telephone Number: Res.: 2~1-4554 Bus.: Is the applicant the owner of the subject property? X Yes No --J- (a) if applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public ----- corporation, so indicate and name officers and major stockholders below. 262-2227 (c) If .applicant .is a partnership, limited partnership or other business entity, so indicate =nd name principals below. (d) If applicant is an owner, indicate exactly as ------ recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and ------ indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Mr. Bert Pohlmann, 1730 North Clark Streetr Suite ~2302 Chicago. II. 60614 (If space is inadequate, attach on separate page.) Name of Agent Karen K. Bishop Firm PMS, Inc. of Naples Agents Mailing Address 2335 N. Tamiami Trail, Suite 408 City Naples State Florida Zil 3 ~ ~D~/ Telephone Number: Res.: 455-6002 Bus.: ~ 5-9080 · ' . Pg. 3. PUD ORDINAl;CE NAME AND }VO~L-R: Donovan Center PUD 89-19 ~4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of suz-vey (1,, to 400' scale) · THE APPLICANT IS RESPONSIBLE FOR SUPPLYING TIIE CORRECT LEGAL DES(IRIPTION. IF QUESTIONS ARISE CONCERNING TEE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE P. EQb-iPdED. North 1/2 SECTION 30 TOWNSHIP 48 South RANGE 26 East pl~a~ ~ attached le~l description for further details. 5. Address or location of subject property 1-75/ Immokalee Road Does property owner own contiguous proR~rty to the subject property? If so, gi've complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). _ ~o TYPE OF AMENDMENT: A. PUD Document Language Amendment _LB. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMenT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? NO PETITION #: DATE: NOV 2 5 1997 F'~,o ~ -- 10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. y No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). ~ being first duly sworn, depose and say that we are th~ owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any maJ~ters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER State of Florida County of collier The foregoi$g Aoplicatio~ was acknowledged b~fore me this who is ~s'onall~ know~/or who has pr~duced~ ' / ~ as identification and who did (did not)' take an oath. gnature of Notary Public) NOTARY PUBLIC Commission ~ My Commission Expires: PUD\DO APPLICATION/md/4128 " ~L NOTARY ~ i:'EXN M AXI~LSON NOTAI~Y PLraLK: S1'^TE O~' FLORZDA ODt, I~I:SSION NO. ~ ~ COMNI1SSION D~P. ~U'LY 24,1991 . NOV g 5 1997 A2~ OP/)IN;d~CE AMt~,T)ING OP~DINA/:CE :~9/MBER 91-i02, iHE COLLIER COUNTY LAND DEVELOPMENT COLE, ;;HICH i:;CLb"DES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AAFA OF COLLIER COUNTY, FLORIDA, BY A3',ENgDING THE OFFICIAL ZONING ATLAS MAP :,9~9~.BERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO 'PUD" PLANNED UNIT DEVELOPMENT FLNOWgq AS DONOVAN CEN-fER, FOR PROPERTY LOCATED AT THE SOUTh"NEST INTERSECTION OF INTERSTATE 75 A~qD I.v~.OF~kLEE ROAD (C.R. 846], iN SECTION 30, TO~'NSHIP 48 SOUTH, PS%NGE 26 EAST, COLLIER FLORIDA, CONSiSTiNG OF 47.0 ACRES; PROVIDING FOR THE REPEAL OF OP.~D!NA/4CE :,"~,BER 90oE4, AS AY, E},-DED, THE FOP~ER DONOVA2~ CENTER P~'D; A2.-D BY ~ROVIDiNG EFFECTIVE DATE. WHERFAS, Karen K. Bishop of PMS, inc., cf Naples, representing Mr. William Schweikhardt, Trustee, petitioned the Board of County Cor~sssloners to change the zoning classsflcatlon of the hereln descrlbed real property; NCW THEREFC'RE BE '- ORZAiNED ~'f THE BOARD OF COmiTY CO.v24, ISSiCNERS OF CCLLiER CC~;T'f, FLCRiDA: The Zoning C!asslficatlcn of ,~e ~-~ - descrlbed real property located In Section ]0, Tswnship 49 South, Range 26 East, Collier County, Flcrlda, ls changed from "PL~" to "PUD" Pla~ed Unit Development in accordance w=th the PL~ Document, attached hereto as Exhibit "A", which :s :ncorpora%ed here~n and by reference made part hereof. The O,f~c,al Zoning Atlas Map nu.-tbered 8630N, as described in Ordinance Number 91-102, ~he Collier County Land Deve!cpment Code, are hereby amended accordingly. SECTION TWQ: Ordinance Number 90-84, as amended, known as the Donovan Center Pb~, adopted on November 27, 1990 by the Board of County Commissioners of Collier County, ;s hereby repealed ~n its entirety. SECTION THR~E: This Ordinance shall become effective upon filing with the Department of State. NOV 1997 -1- PASSED AND D~.Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1~97. ATTEST: DWIGHT E. BROCK, CLERK BOndeD OF COUN?Y COF~ISSIONERS COLLIER CO~-rY0 FLORIDA APPROVED AS TO FORM LEGAL SUFFICI~;C'f ~aJoj~iE M. STUDENT ASS I STA.~:T COU?,;l'f ATTOP. NEY BY: TIMOTHY L. HANCOCK, CHAIP.~ /Ordinance -2- NOV 2 '5 1997 '., PLANNED UNIT DEVELOPMENT DOCUMENT FOR DONOVAN A PLANNED RESIDENTIAL COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #303B Naples, Florida 34103 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: NOV 2, 5 1997 TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION Ii SECTION Ill SECTION IV SECTION V SECTION Vi Property Ownership & Description Project Development Residential District Community Commercial District Reserve District General Development Commitments PAGE 1 3 5 10 13 17 19 EXHIBIT "A" LIST OF EXHIBITS PUD Master Plan /Water Management Plan .o. ~./ H0~/?, 5 ~997 STATEMENT OF COMPLIANCE The development of approximately 47+/- acres of property in Section 30, Township 48 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Donovan Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth IVt.~nagement Pla:'.. The commercial and multi-family facilities of the Donovan Center PUD will b9 consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the southwest quadrant of the 1-75 / Immoka~ee Road Interchange Activity Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element (FLUE). The Future Land Use Element permits commercial and multi-family land uses in this area. This strategic location allows the site superior access for the location of highway interchange commercial and multi-family uses. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surroundin9 land uses as required in Policy 5.4 of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of the Future Land Use Element. o The project provides an interconnect with the Stiles PUD to the west. This access point will provide a future connection with the future traffic signal on Immokalee Road as designated on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. Group Housing, which includes adult living facilities and nursing homes, is permitted in the Urban Designated Area per Policy 5.8 of the Future Land Use Element. Donovan Center is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County. ~,c,r--~ ."' :' ~'~';'-'""' 10. The proposed density of Donovan Center is 7.0 dwelling units per acre which is permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four dwelling units per acre. The subject property also is within a one mile radius of the activity center quatifying the project for an additional 3 dwelling units per acre. The project also provides an interconnect with the project to the west and to the east and is therefore, consistent with Policy 4.4 of the Future Land Use Element. 2 NOV 2 5 1997 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of Donovan Center PUD. LEGAL DESCRIPTION A parcel of land located in the North ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northwest corner of Section 30, Township 48 South, Range 26 East, Collier County, Florida, the same being a point on the Northerly right-of-way line or Immokalee Road, C.R. #846 a 100.00 foot right-of-way; thence run South 88 24' 18" East along the North line of the Northwest quarter of the said Section 30 and along said right-of-way line for a distance of 1980.23 feet to the Northwest corner of the East half of the East half of the Northwest quarter of the said Section 30; thence run South 00 31' 31" East along the West line of the East half of the East half of the Northwest quarter of the said Section 30 for a distance of 113.85 feet to a point on the Southwesterly right-of-way line of S.R. #93 (Interstate 75) and the POINT OF BEGINNING of the parcel of land herein described; thence continue S. 00 31' 31" East along the West line of the East half of the East half of the Northwest quarter of the said Section 30 for a distance of 2556.01 feet to the Southwest comer of the East half of the East half of the Northwest quarter of the said Section 30; thence run South 88 23' 44" East along the South line of the Northwest quarter of the said Section 30 for a distance of 659.84 feet to the Southeast corner of the Northwest quarter of the said Section 30; thence run North 00 31' 12" West along the East line of the Northwest quarter of the said Section 30 for a distance of 1334.98 feet to the Northeast corner of the East half of the Southeast quarter of the Northwest quarter of the said Section 30; thence run South 88 24' 36" East along the South line of the Southwest quarter of the Southwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 330.22 feet to the Southeast corner of the West half of the West half of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 00 31' 40" West along the East line of the West half of the West half of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 1001.30 feet to the Southeast comer of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 88 25' 16' West along the South line of the Northwest quader of the Northwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 100.07 feet to a point 100.00 feet West of, as measured at right angles to, the East line of the Northwest quarter of the Northwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 00 31' 40 ' West, parallel with the East line of the Northwest quarter of the Northwest quarter of the Northwest quarter of the Nodheast quarter of the said SectjcLn_3Q-- for a distance of 193.66 feet to the Southwesterly ^G[~ ~:~ I ' 3 N0~/2 5 997 1.3 1.4 right-of-way line of S:R. #93 (Interstate 75); thence run North 88 25' 29" West along said right-of-way line for a distance of 346.14 feet; thence run North 85 38' 38" West along said right-of way line for a distance of 545.52 feet to the POINT OF BEGINNING. Containing 47.07 acres, more or less. Subject to easements, reservations or restrictions of record. Bearings refer to an assumed bearing of S. 88 24' 18" E. along the North line of the Northwest ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY ROBERT SOUTH, FL L.S. #2668.) PROPERTY OWNERSHIP The subject property is currently owned by Traders Unlimited of Naples, Inc., The Mutual Funding Realty of Florida, and Walter T. Donovan, Trustee. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at the Southwest intersection of Interstate 75 and Immokalee Road (C.R. 846) of unincorporated Collier County, Florida. The subject property is located within an Interchange Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 1.6 PROJECT DESCRIPTION The Donovan Center PUD will include a mixture of land uses for commercial, residential, hotel/motel and group housing. The Donovan Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences and buffers. The Master Plan is illustrated graphically on Exhibit 'A" PUD Master Plan. A Land Use Summary indicating approximate land use acreage is shown on the master plan. SHORT TITLE This Ordinance shall be known and cited as the 'Donovan Center Planned Unit Development Ordinance." 4 140V 2 5 997 P~. ~ SECTION I1 PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of the Donovan Center PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and pads of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. All conditions imposed and graphic material presented depicting restrictions for the development of the Donovan Center PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. Eo Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. B° Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County !_and Development Code or as otherwise permitted by this PUD AGE:, Dk T Document. No. ~.,,,,) 5 ~OV 2, 5 '~997 _ 2.4 In addition to the various areas and specific items shown in Exhibit 'A", easements (such as utility, private, semi public, etc.) shall be established and/'or vacated within or along the property, as may be necessary. LAND USE Ao Bo Exhibit 'A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES 2.7 2.8 2.9 Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. AGE N DJ~,r IT..E ~. · .o. 6 NOV 2 5 1997 2.10 2.11 2.12 2.13 2.14 2.15 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Artic!e 2, Division 2.6, Section 2.6.32 of the Collier County Land Devetapment Code. The total project is 47 +/- acres requiring a minimum of 14 acres to be retained as open space throughout the Donovan Center PUD. This requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturatly functioning native vegetation on site shall be retained. POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager, All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from Donovan Center shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. EXCAVATION AND VEGETATION REMOVA.L_ A. Improvement of property shall be prohibited prior to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles anl~r to protect the public heatth, safety and wetfare where rearing, g 7 ~0~ 2 5 ~997 plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Sen'ices Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. 8 t,10¥ 2 5 1997 2.16 The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. ARCHITECTURE AND SITE DESIGN All buildings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be .,,ubmitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. 9 I~OV g 5 1997 SECTION III RESIDENTIAL DISTRICT 3.1 3.2 3.3 3.4 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Donovan Center PUD designated on Exhibit "A", PUD Master Plan as "Residential". MAXIMUM DWELLING UNITS A maximum number of 140 residential dwelling units may be constructed on lands designated "Residential" on the PUD Master Plan. GENERAL DESCRIPTION A. Areas designated as "Residential" on the PUD Master Plan are designed to accommodate multi-family residential dwelling units, Adult Congregate Living Facilities, associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of "Residential" district is twenty (20) acres. Actual acreages of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses found in residential areas. pERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses 2. 3. 4. Multi-family dwelling units. Assisted Living Facilities pursuant to Section 2.6.26 CCLDC. Guard houses and entrance gates. Recreational facilities that serve the residential development including but not limited to tennis courts, pools, pool cabanas, clubhouses or gazebos and tot lots. Any other principal use which is comparable in nature with the foregoing uses. 10 ~10¥ ~ 5 '1997 ' Bo Accessory Uses 1. Uses and structures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. 2. Parks, passive recreational areas, boardwalks, observation platforms. 3. Biking, hiking, health and nature trails. 4. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 DEVELOPMENT STANDARDS A. Minimum Lot Area One (1) acre. Minimum Lot Width One hundred (100) feet. Minimum Yards 1. Principal Structures. a. Front yard - Twenty-five (25) feet. b. Rear yard - Twenty-five (25) feet. c. Side ya(d - Fifteen (15) feet. d. Reserve area - Fifteen (15) feet. Accessory Structures Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application. Distance Between Principal Structures The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. For accessory structure yards, see Division 2.6.2 of the Land Development Code. Minimum Floor Area 1. Efficiency - 450 square feet. 2. One bedroom - 600 square feet. 3. Two or more bedrooms - 750 square feet. 11 NOV g 5 1997 Fo Ho Maximum Height Three (3) Stories above Mean Flood Elevation Landscaping and Parking Landscaping and off-street parking shall be in accordance with the Collier County Land Development Code, as amended. General Application for Setbacks Front yard setbacks shall comply with the following: If the parcel is served by a public or private right-of-way, the setback is ~neasured from the adjacent right-of-way. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 12 SECTION IV COMMUNITY COMMERCIAL DISTRICT 4.1 4.2 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Donovan Center designated on the Exhibit "A", PUD Master Plan as "Commercial". GENERAL DESCRIPTION Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. The approximate acreage of the "Commercial" district is twenty-six (26) acres. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. Up to two hundred and fifty thousand (250,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, except no outside kenneling) 2. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) 3. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 13 2, 5 1997 9. 10. 12. 13. 14. 15. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5521, 5531, 5541,5551) Automotive Repair, Services and Parking (Groups 7514, 7542) Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) Communications (Groups 4832, 4833) Depository Institutions (Groups 6011-6099) Eating and Drinking Places (Groups 5812, 5813) Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) Food Stores (Groups 5411,5421, 5441, 5451, 5461, 5499) Funeral Service and Crematories (Group 7261) General Merchandise Stores (Groups 5311, 5331, 5399) 16. Health Services (Groups 8011-8059) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 17. Hospitals (Group 8062) 18. Hotels and Motels (Group 7011) 19. insurance Agents, Brokers and Service ( Group 6411) 20. Membership Organizations (Groups 8641, 8661) 21. Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631,7641) (Group 7699 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) 22. Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 23. 24. 5993, 5999) Motion Pictures (Groups 7832-7833) Museum, Art Galleries (Group 8412) 14 1997 4.4 4.5 25. 26. 27. Non-Depositow Credit Institutions (Groups 6141,6159, 6162, 6163) Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231. 7241, 7251, 7291) Real Estate (Groups 6531,6541,6552) 28. Social Services (Group 8351) 29. United States Postal Service (Group 4311) 30. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. ACCESSORY USES AND STRUCTURES, A. Uses and structures that are accessow and incidental to uses permitted. B. Any other accessow use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be c. ompatible. D E.___VELOPMENT STANDARDS A. Minimum lot area: Ten thousand (I0,000) square feet. B. Minimum lot width: One hundred (100) feet. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Side yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than Ten (10) feet. 3. Rear yard: Twenty (20) feet. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. Setback is Twenty-five (25) feet for a one stow building and an additional five (5) feet for each additional stoW. In the case of buildings with tiered stories each tiered stow shall be setback at least ten (10) feet from the face of the wall immediately below to qualify as a stow for setback purposes. Minimum floor area of principal structure: seven hundred and ~.! per building on the ground floor. ~,6~ D~, 15 / ~OV ~ ~ 1997 ' Go Ho Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code, as amended. Maximum height: Fifty (50) feet above Mean Flood Elevation. General application for Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. Unless specifically permitted for use, outside storage or display of merchandise is prohibited. 16 NOV 2 5 1997 SECTION V RESERVE DISTRICT 5.1 5.2 5.3 5.4 PURPOSE_ The purpose of this section is to identify permitted uses and development standards for areas within Donovan Center designated on Exhibit "A", PUD Master Plan as Reserve. GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Donovan Center residents. pERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. Nature trails, excluding asphalt paved surfaces. Water management facilities, structures and lake bulkheads or other architectural treatments. Do Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. DEVELOPMENT STANDARDS A. All structures shall setback a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (:25) feet from the. landward edge of Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no rec~ui[¢d setback. No. ~ H0V :~ 5 ~997 17 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. in addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Donovan Center Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 18 SECTION Vi GENERAL DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 6.4 PURPOSE The purpose of this section is to set forth the standards for development of the project. GENERAL All faci[ities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. _PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. 13. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier CoL~nty Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. ;',~e construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management Distdct (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm~ event of 3-day duration and 25-year frequency. AGE~D~r~I '~ 19 NOV 2 5 1997 6.5 6.6 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that serves the project warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide aderial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. The proposed water management outfall is northward into the Cocohatchee Canal; the outfall structure within C.R. 846 right-of- way shall be designed and constructed so as to provide capacity to handle road runoff from the C.R. 846 corridor. D. The Project entry from Immokalee Road will be along its western boundary so as to align with the present median cut and proposed traffic signal on Immokalee Road at the entrance to Pelican Strand. The entry will designed so that it can be interconnected to and used by the lands that are located to the east, west and south of the Project. As a condition to the interconnection and use of the entryway, the adjoining landowners must make a payment to the Developer of a fair share of the cost of such common entry. A fair share means a payment based upon the fair value of the land area of the entry and the cost of the road and other improvements thereon that is devoted to a shared or common entry between the Project and the other lands utilizing the entry. The Developer agrees to pay its fair share of the cost cf that portion of the common entry located on adjacent property. UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance. 88-76, as amended, and other applicable County rules and regulations. 2O NOV 2 5 1997 Pg. ~ 6.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. If the property is subdivided into three (3) or more parcels, a plat shall be required. 6.8 ENVIRONMENTAL A. Environmental permitting shall be in accodance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those potected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval pdor to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and theGMP at the time of final development order approval. G. An Environmental Impact Statement (ELS) shall be included with the next development order submittal. Ho At the time of the next development order submittal the 25°/~ vegetation shall be identified, (minimum 11.75 acres). 21 requ[ NOV 2 5 1997 (.¢ _ · EXHIBIT A DONOVAN CENTER PUD CONCEPTUAL SITE PLAN NOV 2 5 1997 ~,._~ 7 EXECUTIVE SUMMARY PETITION NO. PUD-86-10(4), BARBARA A. CAWLEY, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING OWEN M. WARD, TRUSTEE, REQUESTING A REZONE FROM PUD TO PUD FOR THE PLANNED UNIT DEVELOPMENT KNOWN AS STILES BY AMENDING THE PUD MASTER PLAN AS REQUII:LED BY SECTION 2.7.3.4 OF THE LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) APPROXIMATELY lA MILE ',,VEST OF THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.13 ACRES. OBJECTIVE: This petition seeks to repeal the current Stiles PUD and to adopt a new PUD and Master Plan taking the procedural form of a rezone from PUD to PUD Planned Unit Development. This action was prescribed by the County Board of Commissioners on February 4, 1997 pursuant to the provisions of the Land Development Code relative to sunsetting of PUD's where no development had occurred, five (5) years from the date of October 30, 1991. The revised PUD remains a PUD with a commercial development strategy. CONSIDERATIONS: The property of the Stiles PUD is located on the south side of Immokalee Road (CR 846) approximately IA mile west of Interstate 75. This PUD was first approved on August 26, 1986 and last amended on January 24, 1989. To this date no development has occurred and consequently as a result of BCC action pursuant to sunsetting provisions of the LDC the owner entity was advised to submit an amended PUD by June 5, 1997. An amended PUD was submitted on August 4, 1997, however staff and the petitioner's agent were reviewing submission requirements prior to August 4, 1997. The current PUD authorizes the following uses of land: 1. a) Motels, hotels, transient lodging facilities b) Restaurants (full service only) c) Business/professional offices, office/storage banks d) Rental car agency e) Water management facilities and essential service f) Any other commercial use similar to the foregoing uses and which the Zoning Director determines to be compatible with the intent of this development 2. In addition to the above described uses, the following Interchange Commercial Permitted hor tmm~ principal Uses and Structures are permitted and limited to the northern inte (400) feet of property fronting Immokalee Road. '1997 a) b) c) Automobile service stations Restaurants (fast food and full service) Convenience commercial stores The PUD further regulates the intensity of use as follows: Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. Fifteen thousand (15,000) square feet leasable office area per gross acre. Seventy five hundred (7,500) square feet leasable area per gross acre for all other listed principal uses. A maximum of ten thousand (10,000) square feet of banking facilities is permitted. COMPARISON TO CURRENT PROVISIONS Business/Professional Offices pROPOSED USES Accounting, Auditing and Bookkeeping Services (Group 872 I). No Similarity Amusement and Recreation Services (Groups 7911-7941,7991, 7993). No Similarity Apparel and Accessory Stores (Group 5611- 5699). No Similarity No Similarity Auto and Home Supply Stores (Group 5531). Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542). No Similarity Building Materials, Hardware and Garden Supplies (Groups 5211-5261). Business/Professional Offices Business Services (Groups 7311, 7313, 7334- 7335, 7371-7379, 7384). No Similarity No Similarity Child Day Care Services (Group 8351). Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). Banking Restaurants Depository Institutions (Groups 6011-6099). Eating and Drinking Places (Groups 5812-5813). No Similarity Electrical Repair Shops (Group 762: radio, radio, television, stereo and v! repair only, 7629 except aircraft, bu: iness and NOV 2 5 1997 ,3,, . COMPARISON TO ~LIRJ~. _ NS PROVISIONS Business Professional Offices Convenience Commercial Automobile Sendces Stations No Similarity No Similarity No Similarity Banking/Business Offices No Similarity Motels and Hotels Business/Professional Offices Business/Professional Offices No Similarity Professional Office Business Offices PROPOSED USES,, office machines, large appliances such as refrigerators and washing machines). Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741-8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except marine sen'ice stations and truck stops subject to Section 2.6.28). Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to See. 2.6.26). General Merchandise Stores (Groups 5311-5399). Health Sen'ices (Groups 8011-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). Hotels and Motels (Group 7011 in accordance with the development standards in this PUD document). Insurance Agents, Brokers, and Service (Group 6411). Insurance Carriers (Groups 6311-6399). Libraries (Group 8231). Legal Services (Groups 8111). Membership Organizations (Gro 8699). 3 NOV 2 5 '1997 COMPARISON TO CURRENT PROVISIONS PROPOSED USES No Similarity No Similarity Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). Miscellaneous Repair Services (Group 7631). No Similarity Banking No Similarity Business/Professional Offices No Similarity Business/Professional Offices No Similarity No Similarity No Similarity No Similarity Museums and art Galleries (Group 8412). Nondepository Credit Institutions (Groups 6111- 6163). Paint, Glass and Wallpaper Stores (Group 5231). Public Finance, Taxation and Monetary Policy (Group 9311) property tax assessors' office and taxation departments only). Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). Social Services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and 8351). United States Postal Service (Group 4311, except major distribution center). Veterinary Services (Groups 0742, 0752, excluding outside ke,-meling). Video Tape Rental (Group 7841). It is important to note that the abbreviated current usc list is characteristic of PUD's that predate thc current GMP and the FLUE. The Donovan Center PUD and Breezewood PUD to the west both currently enjoy a broad group of commercial activities similar to those requested in thc tiles ~~ NOV 2 5 1997 P'g. ~ The PUD makes a commitment to a common architectural theme. The master plan is revised so as to provide a joint access street with the Donovan Center PUD. The Stiles PUD makes a commitment Io comply with all LDC requirements relative to landscaping, parking, native vegetation retention, etc. The Collier County Planning Commission heard this petition on October 16, 1997 and unanimously (8 to 0) recommended approval. No person spoke or otherwise communicated any opposition to approval of this petition. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. The fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The land use, density and intensity of development of the subject property were deemed to be cow, istent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: StafFs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-86-10(4) be approved as described by the Ordinance for Adoption and Exhibits thereto (i.e. PUD Document and Master Plan). 1997 R~'ALD F,"~INO, ~'~CP CHIEF PLANNER DATE REVIEWED BY: O~ERT J. MULHERE, AICP CURRENT PLAiNNINGNHAIqAGER DONALD W. ARNOLD, AICP PLAN ~NG SERVICES PARTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE PUD-86-10(4) EX SUMMARY/md NOV 2 5 1997 AGENDA ITEM 7-I MEMORANDUM TO: FROM: DATE: RE: OWNER/AGENT: COLLIEK COUNTY PLANNING COMMISSION COM2vfUNITY DEVELOPMENT SEKVICES DIVISION SEPTEMBEK 15, 1997 PETITION NO: PUD-86-10 (4) STILES PUD Agent: Owner: Barbara H. Cowley, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Owen M. Ward, Trustee 866 97~ Avenue North Naples, Florida 34108 REQUESTED ACTION: This petition seeks to repeal the current Stiles PUD and to adopt a new PUD and Master Plan taking the procedural form of a rezone from PUD to PUD Planned Unit Development. This action was prescribed by the County Board of Commissioners on February 4, 1997 pursuant to the provisions of the Land Development Code relative to sunsening of PUD's where no development had occurred, five (5) years from the date of October 30, 1991. GEOGRAPHIC LOCATION:. The property of the Stiles PUD is located on the south side of Immokalee Road (CR 846) approximately 'A mile west of Interstate 75 (See location map following page). PURPOSEfDESCRIPTION OF PUD AMENDMENT (REPLACEMENT}: This PUD was first approved on August 26, 1986 and last amended on January 24, 1989. To this date no development has occurred and consequently as a result of BCC action pursuant to sunsetting provisions ofthe LDC the owner entity was advised to submit an amended PUD by June 5, 1997. An amended PUD was submitted on August 4, 1997. ,o.^GE:~-~~ t NOV 2, 5 1997 The current PUD authorizes the following uses of land: a) b) c) d) e) 0 Motels, hotels, transient lodging facilities Restaurants (full service only) Business/professional offices, office/storage banks Rental car agency Water management facilities and essential service Any other commercial use similar to the foregoing uses and which the Zoning Director determines to be compatible with the intent of this development In addition to the above described uses, the following Interchange Commercial Permitted Principal Uses and Structures are permitted and limited to the northern interior four hundred (400) feet of property fronting Immokalee Road. a) b) c) Automobile service stations Restaurants (fast food and full service) Convenience commercial stores 3. The PUD further regulates the intensity of use as follows: Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. Fifteen thousand (I 5,000) square feet leasable office area per gross acre. Seventy five hundred (7,500) square feet leasable area per gross acre for all other listed principal uses. A maximum of ten thousand (10,000) square feet of banking facilities shall be permitted. Density shill be determined according to the fractionalization parcel in accordance with Section 2.04 of this document. Direct access to Immokalee Road is prohibited except for a local street interconnector positioned on the center of the subject properties road frontage. The proposed PUD would allow a far greater range of commercial uses generally consistent with those allowed in a conventional commercial zoning district. The uses listed in the amended PUD are for all practical purposes those allowed in the C-4 zoning district.. In addition to introducing a greater list of land uses the PUD master plan would relocate the entry road along the west side of the PUD where it aligns with an existing median opening and Pelican Strand Boulevard. EXISTING AND SURROUNDING LAND USE AND ZONING: Existing: The property is vacant and zoned PUD. Surrounding: North - To the north lies the fight-of-way of Immokalee Road and the lmmokalee Canal. The Pelican Lakes PUD's lie to the non 2 NOV 2 5 1997 & are actively under development consistent with the GMP. in manners South- West- East- To the east lies the Donovan PUD currently undeveloped. That portion of the Donavon PUD lying contiguous the Stiles PUD is approved for commercial development consistent with its activity center location. The land is undeveloped and zoned "A" Rural Agricultural. The land is vacant and zoned "A" Rural Agricultural. GROWTH MANAGEMENT PLAN CONSISTENCY.' The property of the Stiles PUD is located with/n the Immokalee Road/I-75 activity center, and forms the west limit of the activity center in the southwest quadrant of the entire activity center. Commercial rezorfing actions may occur on lands located within activity centers. No specific land use strategy is required including any limitation on intensity of commercial land uses. EAR. based amendments currently under consideration do nothing to change the boundaries of this activity center and specifically would provide for 100% of the activity center being developed with commercial land uses. The land uses proposed by this PUD are consistent with provisions of the FLUE relative to activity centers. Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as structured is consistent with applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT.'_ Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE:. The subject petition has been reviewed by the appropriate s~aff responsible for overs~ ~ above referenced areas of critical concern. This includes a review by the Commul i. ty D~o-.~~ Environmental and Engineering staff, and the Transportation Department. These re ,~ews neap snatx: the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Plarming Commission, and the County Board of Commissioners. This petition was administratively reviewed on behalf of the EAB and those matters jurisdictionally within their puv,'iew were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". x, V3~en we use a rezoning process to accomplish a PUD amendment, we do so to ackieve a level of administrative convenience because it avoids the requirement to track amendments and their relationskip to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, staff is of the opirfion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the Stiles PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. A review of the Stiles PUD pursuant to provisions of the LDC relative to the opportunity provided by BCC to reassess the appropriateness of land uses and requirements for consistency with provisions of the LDC indicated that while the land uses were consistent with the FLUE to the GMP, nevertheless, as structured development would not have to comply with current provisions of the LDC. Consequently, the BCC directed ti{at the PUD be updated to ensure that its development strategy proceed in a manner consistent with LDC requirements. One of the important goals to be achieved ~,{th the amended PUD was that of prox4ding for cross-connection with the PUD to the east of the Stiles PUD and relocating the internal street connection point with Immokalee Road. The amended master plan and provisions in the transportation commitments section of the PUD accomplish the goal originally identified by staff. Appropriate provisions are now contained in this PUD to ensure that all applicable requirements of the LDC applies to the development of the land and buildings located thereon. Relative to the proposed uses of land, staff does not find any of the uses incompatible with adjacent land uses conside.'ing the fact that adjacent lands are undeveloped. Given its interchange relationship and concomitant visibility, staff would be concerned with uses of land that depend upon utilizing outdoor space for the display or storage of merchandise. Building materials (SIC 5211) and garden supplies (SIC 5261) have this characteristic. Staff therefore recommends that these two uses be allowed with the condition that some type of vertical structure be required to block the horizontal view of merchandise display or storage areas. All subsequent development remains subject to current LDC requirements for subdivision improvements, required site development plans, landscaping buffers, and requireme; development of commercial property (i.e. architectural standards). 4 5 1997 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-86-10 (4) being a petition to repeal and readopt the Stiles PUD as described by the draf~ Ordinance of Adoption a. nd Exhibits thereto (i.e. PUD document). CHIEF PLANNER REVIEV~D BY: 5(OB~¥ s. mULmi~, mcv cum~rr PLme~G ~NAG£~ DONALD W. ARNOLD, AI/C~ A,~CEN'ffA CAUTERO, ADMINIS'I:R.ATOR COMMUNITY DEV. AND ENV~ONMENTAL SVCS. Petition Number PUD-86-10 (4) Staff'Report for October 16, 1997 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: NOV 2 5 1997 1 P PETITION NUMBER APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES DA -. Name of Applicant(s) Owen M. Ward. Trustee Applicant's Mailing Address 866 97th Avenue North City Naples State FL Zip 34108 Applicant's Telephone Number: 597-2420 Is the applicant the owner of the subject property? .. Yes No _ X (a) If applicant is a land trust, so indicate and name beneficiaries below. __(b) If applicant is corporation other than a public corporation, so indicate and name officers and major stoc 'kholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, i f any. (e) If applicant is a lessee, attach cop)' of lease, and indicate actual owners if' not indicated on the lease. (0 If applicant is a contract purchaser, attach cop>' of contract, and indicate actual owner(s) name and address below. Owen M. Ward. Trustee. 866 97th Avenue N. Naples. FL NOV 2 5 1997 Pg. ~ o Name of Agent Firm Agent's Mailing Address City N, ples Agent's Telephone Number: PUD Ordinance and Number: Barbara H. Cawley. AICP Wilson. Miller. Barton & Peek. Inc. 3200 Bailey Lane. Suite 200 State FL Zip (941 ) 649-4040 Stiles PUD # 86-58 34105 Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). Please see attached legal description. The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section 30 Township 48 South Range Address or location of subject property: The project is located on the south side of Immokalee Road (CR 846) approximately '/~ mile west of the inlersection of 1-75 and. Immokalee Road. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page.) NOV 2, 5 1997 Type of Amendment: ;~ A. PUD Document Language Amendment ;~ B. PUD Master Plan Amendment ~C. Development Order Language Amendment Does amendment comply with the comprehensive plan: If no, explain: ,X ,. Yes ~ No 10. Has a public hearing been held on this property within the last )'ear? If so, in whose name.'? Petition Number: Date: Has an)' portion of the PUD been. sold and/or developed? Are an)' changes proposed for the area sold and/or developed? If )'es, describe. (Attach additional sheets if necessary.) No porlion of the PUD has been sold or developed.. NOV 2, 5 1997 P~. ~ ~$.'~9'97 THU 16:~3 F.~X 9~1 6~ 5716 ~[L$ON ,'qlLLER AFFIDAVIT I, Owen M. ',,V~d. Truste~ being lust duly sworn, depose and sa)' that ! am the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application, and all sketches, data, mad other supplementary mar;er art. ached to and made a part of this application, are honest and true to tl~e best of my kno,.,ledge and Ix:Lid. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in an.',' matters regarding this Petition. Signature of Owner Owen M. Ward, Trustee Signature of Agent (..) Barbara I4. Cawley, .-MCP STATE OF FLORiDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this da .1997. by Owen M. Ward_, who is personally 'known to me or who has produ..~d ~ identification and who did (~id ngt. L~take an oath. ~ NOV 2, 5 1997 10/31/97 FRI 12:06 FAI 041 ~43 5716 ... 1.o/3o/97 1e:12 9305 377 112l WILSON MILLER ROBINSON IATKI NS [~002 O001/001 ROBINSON & WATKINS, LLP Attorneys at Law Coox~ C~tre L Svl~ 501 B~ ~ D~ M~, ~erida 33131 Fax Cover Sheet Date: O~ober 30, 1997 ']'o; BAR.BAKA H. CAWLE¥ (941) 649-4040 (941) E~49-4909 WESLEY M. ROBINSON, P.A. Phone: (305) Fax: (305) 377-147..2 Bcaeficfial Ov,'~er~kip ofl.~nd Trust 'l'he Laad Trust for the Stilei PUD h~ two beaefici,uies The first be~6cisr7 is Co,tract E~,erprises, Inc., a Delaw~e corporation, which is wholly owned by Cc~tract Services, Lac., a Delaw~e corpormJio~, which ia equal)y o-~-aed by A. Orovg IVl~the~e7 ~ F~ea Ma~or. The secoad bc~efici~D' is Owe~ M. INo. of pages: 1 (i:~.b.~li~g cover). ~1~ ~ ~ ~Ic f~ d~ AGE[4 DA ~I'F~M. NOV 2 5 ~997 ORDINANCE 97- AN ORDINANCE ~?,ENDi::G ORDINANCE f:UMBER 71-]02, THE COiL:ER COUNTY LAND DEVELO?MENT CODE, WHICH INCLUDES THE COM?REHENSIVE Z$:;I::G PEGULATIO:iS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY Al;ENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL ?ROPERTY FROM "PUD" TO "PUD" PLANNED UNIT LEVELOEMENT KNOWN AS THE STILES PUD, FOR FPOPERTY LOCATED Ct; THE SOUTH SIDE OF ,-:{MOM&LEE ROAD (C.R. B46) APPROXIMJ~TELY h MiLE WEST OF THE iNTERSECTION OF 1-75 AND ::4:',OMALEE FOAD, ir; SECTION 30, TOWNSHIP 48 S$UTH, .:7,.*;GE 26 EAST, COLLIER COUNTY, FLORIDA, C%:;SiSTiNG OF 18.13 ACRES; PPOViD!NG FOR THE PEPEAL OF ORDINANCE :;UMBER %6-58, AS ~?.ENDED, THE FOP.MER STILES ?UD; AND BY ~C';iLiNS Ar; EFFECTIVE DATE. WHE~.EAS, 5ar~ara H. Cawley, AiS? cf Wilson, Miller, Barton & reek, inc., represent~n? Owen M. War~, Trustee, petitioned the Board of County real property; NOW ?HEP. EFC~E 5E iT CFZAiI:E2 5':' THE 5CAR2 ~:'- COUNTY ~...,.SS,~..=~.~'~¥ ....... TtL~iEF C~'f~;?':', S£C?'~''.~.. ..e ..... ~escrlbed real property Fi~rida, :s ~han=e= ~ ..... : ............ D .... . - .......... r. Planned ~n~t Ceve!opment in accc.,a .............. attached hereto as Exhibit 15 lnccrporate~ hereln anG by reference made part hereof. The Offlclal Zoning Atlas Map nur~ered %63CN, as described in Ordinance Num~er 91-102, the Collier Count':' Lan~ 2e'.'elopment Code, is hereDy amended accordingly. 5ECTiON TWO: Ordlnance Nur~-r .... ~-:':, as ~---~,._, known as the Stiles PUD, adopted cn August 26, '9%~ ~}'-t~ 5~arz .......... C&r.~ss:cners of Collier County, is hereby repealed in its entirety. ~'t ~ THREE: This Ord:nance sba!' become effezt:ve upon filir Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. ATTEST: 5WIGHT E. BROCK, Clerk ROARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency :;.ar~o~ie ,'~,. Student Assistant County Attorney BY: TIMOTHY L. HANCOCK, Chairman -2- "o-/~/ NOV 2 '~ 1997 STILES PUD PLANNED UNIT DEVELOPMENT AMENDMENT Section 30 Township 48 South, Range 26 East Collier County, Florida PREPARED FOR: OWEN WARD, TRUSTEE 866 97TH AVENUE NORTH NAPLES, FLORIDA PREPARED BY: Barbara H. Cawley, AICP WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE ORIGINALLY APPROVED ORDINANCE NqJMBER AMENDMENT DATE ORDINANCE NUMBER AMENDMENT FILED ORDINANCE NUMBER 86-58 June 24. 1988 88-54 July 31. 1997 NOV 2 5 1997 TABLE OFCONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, 8: GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT SECTION IV DEVELOPMENT COMMITMENTS i ii 111 I-1 2-I 3-1 4-1 NO454 -002 -00~. pl~eO- 2~S NOV g 5 1997 : LIST OF EXHIBITS Exhibit A Exhibit B PUD Master Plan (WMB&P File No. RZ - 251) Map of Boundary Survey (WMB&P File No. 4L-1104) ! III STATEMENT OF COMPLIANCE This document amends and restates the PUD Ordinance Number 88-54, as amended. It is submitted by Owen Ward, Trustee, hereinafter referred to as the Developer. This PUD, as amended and restated, pertains to 18.13 acres of land located in Section 30, Township 48 South, Range 26 -East, Collier County, Florida. This document is required by the Collier County Board of County Commissioners in accordance with Section 2.7.3.4 of the Collier County Land Development Code which requires an unimproved PUD to be made consistent v,4th all sections of the current Growth Management Plan and Land Development Code if development has not commenced within five years of the approval date. This amended and restated PUD document is intended to comply with the items listed by the Board of County Commissioners as not consistent, to bring the Stiles PUD into compliance with the Growth Management Plan and Land Development Code, but not to significantly change the underlying commercial zoning of the PUD. The name of this Planned Unit Development is "The Stiles PUD" hereinafter called "the Project". The development of the Project is in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and with other land development regulations adopted thereunder, including but not limited to the Collier County Land Development Code (hereinafter called the Code) for the follox~Sng reasons: The subject property is in the Interstate Activity Center as identified on the Future Land Use Map as required in Objective I of the Future Land Use Element (FLUE). The purpose of the Interstate Activity Center is to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. The proposed development intensity and use of the Project for commercial activity as specified in Section 2.6 and Section III of this PUD document is consistent with Section VI of the FLUE which allows for a full array of commercial uses at designated Interstate Activity Centers. 3. The Project is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 111 AGE, E ,. NOV 2 5 1997 pg. ~ The development of the Project will result in an efficient and economical extension of conw'nunity facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The Project is planned to incorporate natural systems for watcr management in accordance with ~eir nat~'al functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project is a functionally interrelated commercial development and is planned to encourage ingenuity, innovation and imagination as set forth in Section 2.2.20.1 of the Code, and Section VI and Policy 5.6 of the Future Land Use Element. 8. The Project is located within a designated Interstate Activity Center xvithin the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. 9. The Project is ser~'ed by a complete range of services and utilities from Collier County. SItORT TITLE This ordinance shall be -known and cited for the purpose of the updating of the existing Stiles PUD, as amended, as "THE STILES PLANNED UNIT DEVELOPMENT ORDINANCE." NOV ~, 5 ~997 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of the Project, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION The Project contains approximately 18.13 acres and is described as follows: Part of the west % of the northeast 'h of the northv,'est 'h of Section ~30, Township 48 South, Range 26 East, Collier County, Florida. less and excepting therefrom: the north 100 feet thereof: and further less and excepting therefrom the lands described in: OR Book 374, Pages 572-573 OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. The map ofthe Boundary Survey (9,Q,,tB&P File No. 4L-1104) is attached at Exhibit B. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Owen M. Ward, as Trustee, 866 97th Avenue North, Naples, Florida. 1.4 GENERAL DESCRIPTION THE PROJECT: The Project site is generally located on the south side of Immokalee Road (CR 846) and is approximately one quarter mile from the 1-75-1mmokalee Road intersection. The Project has direct access onto Immokalee Road via an existing median opening which aligns with the approved Pelican Strand (fka Regency Village) PUD to the north, no. ~ 1-I NOV 2 5 1997 Do go The Project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange oriented commercial facilities and water management related elements. Elevations with the Project range from 12.4 feet to 13.6 feet above mean sea level. The Project is located within zone X of the FEMA Firm Maps. The soil types found on the Project are Arzell fine sand and Broward fine sand. These sands are well drained with no wetlands on site. Vegetation on the Project is predominately pine flatwoods with the dominant plant species being slash pine, saw palmetto and numerous grass species. IO/~g?.29T,II Va' Ol'-6Cew~7 I-2 HO. ~ NOV 2 5 1997 p~. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 2.2 The purpose of this Section is to generally describe the plan of development for thc Project, and to identify relationships to applicable Count)' ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project includes a range of interchange commercial uses, stormwater management, lakes, and buffer areas. The PUD Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan (WMB&P, Inc. File No. RZ-251). The Developer intends to establish Project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, ,,,,'all, buffers, berms and other similar features. The Project will comply with the Architectural Review Guidelines as adopted in the Code. A Land Use Summary indicating approximate land use acreage is shown on the plan. 2.3 GENERAL COMPLIANCE x, VITIt COUNTY ORDINANCES The development of the Project shall be in accordance v,4th this PUD Ordinance and applicable sections of the Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order which authorizes the construction of improvements to which said regulation applies. These include, but are not limited to Final Subdivision Plat, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the most similar zoning district or section of the Code shall apply. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Code in effect at the time of development order application. Development permitted by this ordinance ,,viii be subject to a concurrency review under the Adequate Public Facilities Ordinance Code Section 3.15. 2-1 HOV 2 5 1997 Do 2.4 2.5 Eo All conditions imposed herein or as represented on the Project PUD Master Plan (PUD Master Plan) are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the Code (Article 3, Division 3.2) shall apply to the Project, except where an exemption is set forth herein or otherwise granted pursuant to Code Section 3.2.4. ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the Code regulating subdivisions, unless otherwise approved during Preliminary SubdMsion Plat approval. LAND USES mo Co Do The location of land uses are shown on the PUD Master Plan, Exhibit "A." Minor changes and variations in building tracts, location and acreage of these uses shall be permitted at Preliminary Subdivision Plat approval and Final Plat approval to accommodate topography, vegetation, stormwater design, and other site conditions subject to Code Section 2.7.3.5. The specific location and size of indMdual tracts and the assignment of square footage shall be determined at the time of Preliminary SubdMsion Plat approval. Since the property is to be developed over an estimated nine year time period, an.,,' projection of Project developmcnt can be no more than an estimate based on current marketing 'knowledge. The estimate may change depending upon future economic factors. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. The determination as to whether a road shall be public or private shall be made by the Developer at the time of Preliminary Subdivision Plat approval. Developer shall create an appropriate declaration of covenants and a properb' owners association which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements ,,','here such systems are not dedicated to a governmental agency. All buildings, landscaping and visible infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to AG E N D A.IT,~'.t4. 2-2 NOV 2, 5 1997 be erccted on the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 2.6 PROJECT INTENSITY The total acreage of the Stiles PUD is approximately 18.13 acres. The Interchange Commercial retail and office uses shall have a maximum gross floor area of 7500 square feet per gross acre for a maximum square footage of 135,975 square feet. The office uses shall be permitted at 15,000 square feet per gross acre and the hotel/motel use is permitted at 26 units per gross acre. Interchange Commercial permitted principal uses are permitted throughout the 18.13 acre parcel in accordance with the requirements stated in this PUD document. 2.7 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Code and other applicable governmental agencies ~d the standards and commitments of this document. 2.8 2.9 2.10 EASENIENTS FOR UTILITIES All necessao' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Code Section 3.5.7.1, may be reduced with the administrative approval of the Collier County Development Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Code Section 3.5.7.3.1, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with the Code Section 2.3. 2.11 e USE OF RIGItTS-OF-WAY Lands within the Project rights-of-way may be utilized for landscaping, decorative entrance ways, and signage, if a review of the proposed uses, during the 4 .... ~ .... ' 2-3 NOV ~ 5 1997' 2.12 review process and prior to any installations, by the Collier County Development Ser¥ices Director shows no adverse engineering or safety considerations. SIGNS Minimum standards for signs shall be in accordance with Code Section 2.5 in effect at the time final local development orders are requested. 2.13 OPEN SPACE REQUIREMENTS Pursuant to Code Section 2.6.32 at least thirty percent (30%) of the Project shall be devoted to usable open space. The total Project is 18.13 acres requiring a minimum of 5.4 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 5.4 acres including lakes, miscellaneous buffers and open space areas which meet the requirement. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS The Project shall retain fifteen percent or 2.7 acres of the viable naturally functioning vegetation on site as required by Section 3.9.5.5.4 of the Code. This shall be monitored at each Preliminary Subdivision Plat submittal. The Developer shall receive credit from any phase where the 15% amount is exceeded to be applied to a phase where it is not. In an)' phase of development where credit toward the 15% is needed, the Developer shall delineate on the Preliminary Subdivision Plat the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The Developer shall show the calculations on each Preliminary Subdivision Plat which totals the overall 15% for the Project build-out. 2.15 TIME LIMITS OF PLANNED UNIT DEVELOPMENT APPROVAL The time limits for the Project are as provided for within Code Section 2.7.3.4. 2.16 PUD MONITORING An annual monitoring report shall be submitted pursuant to Code Section 2.7.3.6. 2.17 IblPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees appropriate for each land use in effect at the time of development and in accordance with prior agreements between the Developer and the County. I~,'gnr/.:V~Ta! Vff OI'-BCa-1~7 2-4 NOV :2 5 1997 · P~. ~ SECTION III INTERCHANGE COblMERCIAL LAND USE DISTRICT 3.1 0t~'1,.~.29741 Va' PURPOSE The purpose of this section is to set forth the permitted uses and development standards for the development of the Project. A. PEI~MITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: and Structures permitted Interchange Commercial Permitted Principal Uses throughout the 18.13 acre parcel: 111. V. vi. VIII. ix. Ko Accounting, Auditing and Bookkeeping Services (Group 8721). Amusement and Recreation Semices (Groups 7911-7941,7991, 7993). Apparel and Accessory Stores (Groups 5611-5699). Auto and Home Supply Stores (Group 5531). Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542). Building Materials, Hardware and Garden Supplies (Groups 5211- 5261). Business Services (Groups 7311,7313, 7334-7335, 7371-7379, 7384). Child Day Care Services (Group 8351). Miscellaneous Retail (Groups 5912-5963, except pawnshops and ali uses dealing with secondhand merchandise, 5992-5999). Depository Institutions (Groups 6011-6099). .o. 1~ 3-1 NOV 2 5 1997 I 0/'L~'7.29741 Vet xii. XIII, XV. XVi. xvii. XVII1. xix. XX. xxi. XXIII, xxiv. Eating and Drinking Places (Groups 5812-5813). Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721,8741-8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except marine service stations and truck stops subject to Section 2.6.28). Group Care Facilities (Category I and II); Care Units except for homeless shelters; and Nursing Homes, subject to Sec. 2.6.26). General Merchandise Stores (Groups 5311-5399). Health Services (Groups 8011-8049, 8082, 8093, 8099). Holding and Other Investment Offices (Groups 6712-6799). Home Furniture, Furnishings, and Equipment Stores (Groups5712- 5736). Hotels and Motels (Group 7011 in accordance ,'.'ith the development standards in this PUD document). Insurance Agents, Brokers, and Service (Group 641 I). Insurance Carriers (Groups 6311-6399). Libraries (Group 8231). Legal Services (Group 811 ! ). Membership Organizations (Groups 8611-8661, 8699). 3-2 NOV 2 5 't997 x×vii. oo. XXVIlI. xxix. XXX. xxxi. xxxii. xxxiii. xxxiv. XXXV. xxxvi. xxxvii. xxxviii. xxxix. Miscellaneous Personal Services (Groups 7211,7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251,7291). Miscellaneous Repair Services (Group 7631). Museums and Art Galleries (Group 8412). Nondepository Credit Institutions (Groups 6111-6163). Paint, Glass and Wallpaper Stores (Group 5231). Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512, 6531-6552). Social Sen'ices (Groups 8322 actMty centers, elderly or handicapped. adult da)' care centers; and da)' care centers; adult and handicapped only, and 8351). United States Postal Service (Group 4311, except major distribution center). Veterinary Services (Groups 0742, 0752, excluding outside kenneling). Video Tape Rental (Group 7841). An)' other commercial use or professional service which is comparable in nature v,'ith thc foregoing uses and which the Development Services Director determines to be compatible in this district. Bo Permitted Accessory Uses and Structures i. Uses and structures that are accessou' and incidental to uses permitted in this district. OI,.BCa~le/ 3-3 3.2 3.3 DEVELOPMENT STANDARDS FOR ALL I'ERMITTED USES EXCEPT IIOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10.000) square feet. Minimum Lot Width: One hundred feet (100'). Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') Front Yard: Twenty-five feet (25'). All other yards: Fifteen feet (15'). Maximum Height: Thirty-five feet (35'), except for non-functional architectural clements (such as bell towers), which shall have a maximum height of fifty feet (503. Mi;:imum Floor Ama of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested. No outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure. ItOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre. Minimum Lot Width: One hundred fifty feet (150'). Minimum Yard Requirements: 1. From Immokalee Road: Fifty feet (50') 2. Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'). 3. All other yards: Twenty feet (20'). ^G£UOA Maximum Height: Sixty feet (60') or six stories, whichever is greater. Distance between principal structures: Fifteen feet (15') or one-half(k) the sum of the building heights, whichever is greater. Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested.. 3.4 BUFFERS Minimum standards for buffers shall be in accordance with Code Section 2.4 in effect at the time final local development orders are requested, unless otherwise specified herein or on the PUD Master Plan, Exhibit A. All buffer setbacks shall be measured from platted lot boundaries. The following identifies the buffer according to land use type: Internal Buffers on: Ao Interchange Commercial: 1. 10' adjacent to hotel parcel 2. 10' adjacent to internal rights-of-way 3. 10' adjacent to eastern boundary with Donovan PUD except 0' where the joint access road is proposed B° Hotel: 1. 2. 3. 10' adjacent to commercial parcels 10' adjacent to internal fights-of-way 10' adjacent to eastern boundary with Donovan PUD except 0' where the joint access road is proposed The buffer on the western and southern Project boundaries shall be kept in native vegetation existing on the site to the maximum extent possible or shall be planted with native vegetation in those areas devoid of native vegetation. 3-5 ~0~' ~ 5 1997 I SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this section is to set forth the development commitments of the Project. 4.2 ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Sen'ices DMsion for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Development Services DMsion. Bo Access to all parcels fronting Immokalee Road shall be from the main entrance road ,.,,5th no direct driveway access from each parcel to Immokalee Road. Co The main road shall meet the minimum paverr.ent standard for a minor collector. The required right-of-way may be as required for a local street. 4.3 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations or other applicable agency regulations, as may be appropriate. All customers connecting to the water distribution and sewage collection facilities to be constructed ,.,,'ill be customers of the County and will be billed by the County in accordance with the County's established rates. C° The utilities for the Project's water distribution and wastewater collection systems shall be designed and constructed to connect the Project to the District's facilities in accordance ,,,,4th County criteria and the County's Master Plan. 4-1 NOV 4.4 WATER MANAGEMENT A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. Co An Excavation Permit will be required for the proposed lakes in accordance with Section 3.5 of the Code and the South Florida Water Management District Rules. 4.5 EN~q RON~!ENTAL As set forth in Section 2.15 herein, the Developer will retain the maximum amount of native vegetation possible as part of the landscape buffers within the Project. This acreage shall be counted toward the required 15% native habitat requirement under the Code. Petitioner shall submit an Environmental Impact Statement at the time of the next Development Order submittal. This Project shall be in compliance with the Collier County Land Development Code, the Collier County Growth Management Plan, Coastal and Conservation Management Element in effect at the time of the first Development Order approval. 4.6 TRANSPORTATION The Developer has provided left and right mm lanes on lmmokalee Road at the Project entrance. The Developer shall make a fair share contribution toward the capital cost of a traffic signal at the Project entrance when deemed warranted by the County. All traffic control devices on public roadways, excluding street name signs, shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316, Florida Statutes. Do The applicant shall be responsible for the installation of arterial level street lighting at all Project entrances at the time of approval of the Final Subdivision Plat. 4-2 go The above required improvements are consmerea sx related" as defined in the Code and shall not be applied a credits toward any impact fees. The original PUD required that the Developer dedicate land for the widening of Immokalee Road. The Developer has previously satisfied this requirement by conveyance of a twenty-five foot (25') strip of land by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida. In addition the Developer conveyed additional land for the expanded Immokalee right of way by deed recorded in Official Records Book 1837 at Page 1099. Go The original PUD provided that a cross drain across Immokalee Road to the canal on the north be incorporated and that the Count>' be provided with access to it for use in connection with the future six-laning of Immokalee Road. This work was completed and paid for by the Developer under an agreement between the Developer and the County dated May 4, 1993. The requirements have been satisfied. Ho The original PUD strongly recommended the extension of the then existing four- laned section of Immokalee Road '.,,'est and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the Project and Pelican Strand (fka Regency Village) to the north of Immokalee Road. The median opening ,,vas constructed and paid for by the Developer under the agreement with the County dated May 4, 1993. The four- laning has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes. The Project entry from Immokalee Road will be along its eastern boundary so as to align with the present median cut in and proposed traffic signal on lmmokalee Road at the entrance to Pelican Strand. The entry '.,,'ill be designed so that it can be inter-connected to and used by the lands that are located to the east of the Project and west of 1-75. The inter-connection and use of the entryway by the adjoining landowner ','.'ill be pursuant to a mutually agreeable cross use or cross easement agreement. 4-3 NOV 2, 5 1997 Ii I AGE, D~ -' ~ NOV ~ :b 1997 : I Pl~ lr q II EXECUTIVE SUMMARY PETITION NO. PUD-96-11(2), KAREN BISHOP OF PMS, INC., OF NAPLES, REPRESENTING PELICAN STRAND LTD., REQUESTING A PUD TO PUD PLANNED UNIT DEVELOPMENT ttAVING THE EFFECT OF AMENDING THE PELICAN STRAND PUD FOR THE PURPOSE OF ADDING A COMMUNICATION TOWER AS AN AUTHORIZED LAND USE, AND AMENDING THE MASTER PLAN, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 75 ANT) IMMOKALEE ROAD (C.R. 846), IN SECTIONS 18 & 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to amend thc Pelican Strand PUD for the purpose of allowing a communications tower as an authorized use and amending the master plan. The ,,'chicle for achieving this will be to rezone the properly from "PUD" to "PUD" in effect repealing the current PUD and adopting a new PUD with this addition and replacement master plan. Even though technically this petition constitutes a rezoning action, nevertheless, in fact it is an amendment to an existing PkJ'D zoning district and could .just as easily be accomplished in a different form. The action of rezoning from "PUD" to "PUD" in this context is one of administrative convenience and emanates from our zoning procedures. CONSIDERATIONS: The Pelican Strand PUD lies north of lmmokalee Road immediately ,,,,'est of the 1-75 freeway. The purpose of this amendment is to add a communications tov,'er as a permitted use to the Pelican Strand commercial tract. The maximum height of the communications tower is 170 feet. Additionally, the master plan is amended to reflect a change to the area and location of conservation areas. The only contiguous land upon which development is no,.',' occurring is lhe land area comprising the Carlton Lakes PUD. A small portion of the land designated commercial in the Pelican Strand PUD lies contiguous to Carlton Lakes PUD. In order to distance a tower location from the Carlton Lakes development, and residential streets in Pelican Strand, the PLrD as amended limits tower sites to the portion of the commercial tract contiguous to 1-75. By virtue of this limitation, a communications tower would be in excess of 425 feet from any residential development. As limited by the PUD, the location of Ire communications tower/pole should not have any detrimental effect on the residential portions of the Pelican Strand PUD, inasmuch as the separation is of such a magnitude that for the most part no resident would view the tower/pole from their homesite. Staff is of the opinion that a communications tower pole would have no adverse effect on commercial properties. Regarding the provision of communication towers, it should be noted that Section 2.6.35 of the Land Development Code provides regulation which determines where communication towers may be permitted, and the development standards that apply to them. Section 2.6.35 provides that communication towers up to 185 feet in height are allowed in commercial zoning districts that other, vise allow them. The C-4 and C-5 zoning districts permit communication towers. Inasmuch as the Pelican Strand commercial area is congruent with the boundaries of an "activity ce ~ter" ..a~j:~l'~ authorized commercial land use is consistent with the FLUE. A tower permitted in :he CYg't~4o~,.~-,d NOV 2 5 1997 commercial or industrial district may not be located within a distance of 2.5 times the height of the tower from a residential district: The Collier County Planning Commission heard this petition at their public hearing dated November 6, 1997. They unanimously (9 to 0) recommended approval ofamendments to the Pelican Strand PUD. No person spoke or otherwise communicated any level of objection to this petition. FISCAL IMPACT: The amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land ,,,,'ill be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of sen'ice for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other re,.'cnue sources in order to build needed facilities. GROWTIt MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition ',vas reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds lhat there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition ,.,.'ill be subject to a concurrency review under the provisions of thc Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HISTORIC/ARCItAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-96-11(2) having the effect of amending the Pelican Strand PUD while rcpcaling and replacing same with said amendment be approved as described by the draft Ordinance of Adoption and PUD Exhibit thereto. NOV 2., .5 1997 I~ ~REPARED B,~ Rohal'd ~. Nino' ~' ~'' ~ Chief Planner DATE REVIEWED BY: ~LHERE, AICP CURRENT PLANNING/~I~AG~E_~R~--~, DONALD ~V. ARNOLD, AICP p~~_G SERVICES D~TMENT DI~CTOR //-- DATE DATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. RJ='N,~X SUMMARY/Ink 3 NOV 2 5 1997 AGENDA ITEM 7-I MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: CON, L'MUNIIY DEVELOPMENT SERVICES DIVISION DATE: OCTOBER 7, 1997 PETITION NO: PUD-96-11 (2), PELICAN STRAND OWNER/AGENT: Agent: Ms. Karen Bishop PMS Inc., of Naples 2335 Tamiami Trail North Suite 40g Naples, Florida 34103 Owrler] Pelican ~trand, Ltd. 10621 Airport Pulling Road Suite 1 Naples, Florida 34109 REQUESTED ACTION: This petition seeks to amend the Pelican Strand PUD for the purpose of allowing a communications tower as an authorized use and amending the master plan. The vehicle for achieving this will be to rezone the property from "PUD" to "PUD" in effect repealing the current PUD and adopting a new PUD with this addition and replacement master plan. Even though technically this petition constitutes a rezoning action, nevertheless, in fact it {s an amendment to an existing PUD zoning district and could just as easily be accomplished in a different form. The action of rezoning from "PUD" to "PUD" in this context is one of administrative convenience and emanates from our zoning procedures. GEOGRAPHIC LOCATION: The Pelican Strand PUD lies north of Immokalee Road immediately west of the 1-75 freeway (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of this amendment is to add a communications tower as a permitted use to the Pelican Strand commercial tract. The maximum height of tht: communications tower is 170 feet. Additionally, the master plan is amended to reflect a change to the area and Iocatio~ areas. 1 NOV 2 5 1997 ^GEND",, I~rM NO. ~ NOV 2 5 1997 SURROUNDING LAND USE AND ZONING'.. The only contiguous land upon which development is now occurring is the land area comprising the Carlton Lakes PUD. A small portion of the land designated commercial in the Pelican Strand PUD lies contiguous to Carlton Lakes PUD. Staff is recommending that the provision permitting a communications tower further be conditioned to require its location be limited to those commercial tracts lying contiguous to the 1-75 freeway. GROWTtt blANAGEblENT PLAN CONSISTENCY'.. This type of amendment has no consistency relationship with elements of the GMP inasfar as the communications tower is concerned. Relative to the reconfiguration and location of conservation areas this results from regional and state approvals and to that extent the changes are consistent with the conservation eleme,~: to the GMP. HISTORIC/ARCttAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. An application for waiver of an historical and architectural survey ,,,,'as filed and approved. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site cleating, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE~ The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD document and cause development commitments to be formulated to achieve GMP and LDC requirements. No issues were raised by reviewing staff members that were not resolved or otherwise provided for in the PUD document. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "pUD". W'hen we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason, _~taffis of the opinion that the required find!n.g.s for standard and PUD rezones do not apply in recognition of:he fact that, when the 1: ~ rezoned, the decision to approve the Pelican Strand PUD was based upon NOV 2, '::, 1997 pg. 7 evidence and conditions which support the required ~ndings for both standard and PUD rezoning actions. Regarding the provision of communication towers it should be noted that Section 2.6.35 of the Land Development Code pro,odes regulation which detenTdnes where communication towers may be permitted and the development standards that apply to them. Section 2.6.35 provides that communication towers up to 185 feet in height are allowed in commercial zoning districts that otherwise allow them. The C-4 and C-5 zoning districts permit communication towers. [n~,smuch as the Pelican Strand commercial area is congruent with the boundaries of an "activity center" any t)l~e of authorized commercial land use is consistent with the FLUE. A tower permitted in the C-4 or other commercial or industrial district may not be located within a distance of 2.5 times the height of the tower from a residential district. A 170 foot communications tower if restricted to those platted tracts lying east of Pelican Strand Boulevard would be at least 425 feet from the nearest residential tract in Pelican Strand and therefore consistent with the residential distance requirement. In the opinion of staff, as conditioned the location of a communications tower should not have any detrimental effect on the residential portions of the Pelican Strand PUD, inasmuch as the separation is of such a magnitude that for the most part no resident would view the tower from their hornesite. Staff is of the opinion that a communications tower would have no adverse effect on commercial properties. Infrastructure availability, levels of sep,'ice, and community service and facilities have no relevance to a use of land by a communications tower. In the opinion of staff the only relative issue is one of compatibility with the residential portions of this PUD. Staffhas opined that the separation that would come about as a result of limiting the location of a communications tower to tract G would have no measurable adverse impact on the residential areas and therefore would not be incompatible. Relative to the matter of revising the master plan resulting from a revision to the identification of conservation areas and their geographic configuration, staff advises that these changes have come about as a result of regional and state permitting actions. The changes do not result in a net reduction of conservation acreage, and indeed reflects an increase of approximately two (2) acres. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-96-11 (2) being a petition to repeal and readopt an amended Pelican Strand PUD having the effect of adding a communications tower as a permitted use to a designated commercial tract within the commercially designated area of the Pelican Strand PUD and replacing the Master Plan to account for revisions to the size, location, and configuration of conservation areas. 1997 PR.EP~D B¥t R~NALD F. NTN'O, A~CP CHIEF PLANNER, REVIEWED BY: kC)BERT J. MULHERE, AICP CUR.RENT PLANNING MANAGER DONALD W. ARNOLD, AICP S. E R~ARTMENT DIRECTOR VINCENT A. CA~UTERO, ADMINISTRATOR CONL-MUN'ITY DEV. AND ENVrP. Or,mmSW~a. SVCS. Petition Number PUD-96-11 (2) Staff Report for the November 6, 1997 CCPC meeting. COLLIER COUNTY PLANNING CO?,,D,~ISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-96-11 (2) STAFF REPORT/pd I¢.-c i"'l DATE DATE DATE AGENDA ITL.E~,. NOV g 5 1997 Pi, 9 Petition Number Date APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 1. Name of Applicant (s) Pelican Stran. d, Ltd. Applicant's Mailing Address City Naples 10621 Airport Pulling Road, Suite 1 State Florida Zip 34109 Applicant's Telephone number: Res: Bus: (941) 592-7344 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. X (c) If applicant is a partnership, limited partnership or other business entity., so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners ifnot indicated on the lease. ~ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner (s) name and address below. Limited Partnership, David Mobley and Paul Hardy 50/50 partnemhip (If space is inadequate, attach on separate page.) 2. NameofAgent Karen Bishop Firm PMS, Inc. of Naples Agents mailing address 2335 Tamiami Trail North, Suite 408 City Naples State Florida Zip 34103 Telephone number Res.: Bus.: (94D 435-9 PUD ORDINANCE NA_ME AND NUM]3ER: Pelican Strand #97-24 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION ('If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (I" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENG~'EEK'S CERTIFICATION SHALL BE REQUIRED. SECTION 18 & 19 TOWNSHIP 48 South . RANGE _ 26 East _ (See attached legal description) 5. Address or location of subject property .I-75 and Immokalee Road (Northwest corner of 1-75 and Immokalee Road) Does property, owner own contiguous property, to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO 7. TXtTE OF AM:ENT)M:ENT: X ... A. PUD Document Language Amendment ~ B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES Aa~,ff:NDM:ENT COMPLY WITH THE COMPREHENSIVE PLAN: X YES NO Ifno, explain: 9. HAS A PUBLIC HEAJllNG BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? If so, in whose name? YES Board of County Commissioners PETITION #: PUD - 97-11 (1) DATE: May 27, 1997 10. HAS ANY PORTION OF THE PUD BEEN YES SOLD AND/OR YES DEVELOPED9 ARE ANY CHANGES PROPOSED FOR THE AREA SOLD A.N'D/OR DEVELOPED? Yes. X No. If yes, describe: (attach additional sheets if necessary). AFFIDAVIT We, Pelican Strand, Ltd. being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter ofthe proposed hearing: sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this petition. N .~ ,:'~IGNATURES OF ALL OWNERS ARE Mobley, Sr., Preside/it Robert Paul Hardy, Vice Presi7 / SIGNATURE OF AGENT Karen Bishop iqOV 2 5 1997 State of Florida County of Collier .., The foregoing application was acknowledged before me this ~ day of oduccd - as identincauon aha WhO ma ~ -Notary Public Commission # My Commission expires: pUDkDO Application/md/4128 4 NOV 2 5 1997 LE G.kL DESCRIPTION A tract of land situated in S~ctions 18 and 19, Township 48 South, Range 26 East, Collier County, Flod. dz, said tract lying West of Interstate 75 and being more p~ticularly described ~s follows: Commencing at the southwest comer of Section 19, Tov,~ship 48 South, Rm~g¢ 26 East and being on the Nor~ fight of way line of County Route 846 (100' wide), thence along Road P, JW South 8~ 20'28" East a distance of 1890.22 ft. to a point, thence Nor'~b. 000 21'54" East a distance of 100.00 ft to a point on the north edge ora canal easement ~nd the TRUE POE~'T OF BEGLNiN'LNG. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 and or Book 365 Page 41~, Collier County,); the following six (6) courses and distances; South 89° 20'28" East a distance of 750.00 feet to a point on the ¼ section line,; Thence; South 89o 21'04" East a distance of 267.46 feet to a point; Thence; Nov& 47o 51 '05" East a disUmce of 268.82 feet to a point; Thence; North 140 05'43" East a distance of 502.45 feet to a point; Thence; North 09o 23'06" East a distance of 439.38 feet to a point; Thence; North 040 36' 19" East a distance of 671.26 feet to a point; Thence; South 89o 26'00" East a distance of 109.07 feet to a point on the west right of way line of Interstate 75 (Or Book 365 Page 410), Thence; North 00° 36'29" East a distance of 3443.60 feet along said right of way to a point on the north Line of Section 19 Thence; North 00° Thence; North 00~ 36'21" East a distance of 1475.86 feet to a point 36'21" East a distance of 1190.58 feet to a point on the east west ¼ line of Section'lS, Thence; North 000 36'21" East a distance of 2666.77 feet to a point on the north line of Section 18, Thence; North 880 31'41" West a distance of 836.37 feet along said north section line to a point marking the north ¼ comer of Section 18, . Thence continue; North 88° 31'41" West a distance of 2627.43 feet along said section line to a point mar,king the northwest comer of Section 18, Thence; South 00° 34'00" West a distance of 2686.42 feet along the west line of section 18 to a point marking the west IA comer of Section 18, Thence continue; South 000 34'00" West, along said section line a distance of 2685.26 feet to a point marking the sod'thwest comer of Section 18, Thence; South 890 09'52" East along the south line of Section 18 a distance of 1983.97 feet to a point Thence; South 89o 09'52" East a distance of 648.71 feet to.a point on the north south ¼ section line of Section 18, Thence; South 00021'54" West along said ¼ section line a distance of 1715.95 feet to a point, Thence; North 89o 20'04" West a distance of 750.00 feet to a point, Thence; South 00° 21'54" West a distance of 3505.96 feet to the point ofbe~nnlng and contaln~ng 574.569 acres more or less. NOV ,2 5 ]997 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Home Finite, F~s~g, ~d Equipment Stores (~oups 5712-5736). Hotels~Iotels (701 I). Libr~es (8231). Membership Org~tions (8611-8699). Miscell~eous Repair Se~ices (~oups 7629-7631). Ngscell~eo~ Retail (~oups 5912-5963 except pa~shops ~d all uses deal~g wi~ seconded merch~dise, 5922-5999). Motion Pic~e ~eaters, except dfive-~ (7832). M~ems ~d An Galleries (8412). Non-depositou Credit Nstitutions (~oups 6111-6163). PaNt, Glass, ~d Wallpaper Stores (5231). Personal Se~ices (~oups 7211,7212, 7215, Ndustfial du clewing only, 7221-7251,7291 ). Public AdmNistration (~oups 9111-9199, 9229, 9311,9411-9451,9511-9532, 9611-9661). Retail N~sefies, Lam ~d O~den Supply Stores (5261). Vete~ Se~ices (~oups 0742, 0752, excludNg outside ke~elNg). Video Tape Rental (7841). United States Postal Se~ice (4311 except major distribution centers). ~y o~er general co~ercial use which is comp~able N na~e wi~ ~e foregoNg ~es. gomm~ation Tower 6.4 PERMITTED ACCESSORY USES hN STRUCTURES A. Accessory. uses and structures customarily associated with the uses B. Essential services and facilities. 6-2 Words ~ are additions; Words ~ are deletions. ~ennined in this District. ~IOV 2 5 1997' 6,5 DEVELOPMENT ST.Id,II)AR.DS ho Bo Co Principal structures shall be setback a minimum oftwenty feet (20') fi.om "GCO" and PUD boundaries, private and public roads. Accessory structures shall setback a minimum often feet (10') fi.om "GCO" boundaries and private roads, and twenty (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties fi.om direct glare or unreasonable interference D. Max[mm height of structures Retail\Service - 2 stories 2. Office',Institutional - 4 stories 3. Hotel'uMotel - 7 stories Communication Tower - 170 feet tall E. ,Minimum distance between principal or accessory structures ~,vhich are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - none, or a minimum of 10 feet (10') with unobstructed passage from front to rear yard. G. ,Minimum distance between all other accessory structures - Ten feet (10'). H. ,Minimum floor area- None requLred. I. Minimum lot or parcel area - None required. Jo Ko Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 6-3 NOV 2 5 '1997 ,,._/Lo Bo SidewaLks/bike paths shall conform with Subsection 3.2.8.3.17 orthe 1. Pelican Strand Boulevard shall be considered a minor collector street~]~b required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to- have a sidewalk or bLkepath on one side ofthe sa-eel. B. All cul-de-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side ofthe street. 4. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the fight-of-way width requkements of Subsection 3.2.8.4.16.$ ofthe LDC except as follows: Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minknum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 7.6.B.4 ofthis PUD. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way width and two ten foot (10') wide travel lanes. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes. Cul-de-sacs may not exceed a length of fifteen hundred feet (1500'). o Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (}'DOT MUMS) and A. ASHTO criteria are met. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed conditions: 7-3 Words ~ are additions; Words ~ are deletions. F IMMOKALEE RD. A - AGRICULTURE I'71 m r" · m >. 997 ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NIJV. BER 91-102, THE COLLIER COUNTY LA~D DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULJ~TIONS FOR THE UNINCORPOPJ%TED ARFJk OF COLLIER COUNTY, FLORIDA, BY A2{ENDING THE OFFICIA~L ZONING ATLAS ~JkP(S) NIR4BERED 8618N, 8618S, 8619N ~3~D 8619S BY CFJkNGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLIED UNIT DEVELOPMENT KNOWN AS PELIC~2~ ST~3~{D, FOR PROPERTY LOCATED ON THE NORTHWEST COPd4ER OF INTERSTATE HIGHWAY 75 A~ID I~4OK~kLEE ROAD (C.R. 846), IN SECTIONS 18 & 19, TOWNSHIP 48 SOUTH, ~3C4GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 574.569 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINAJ;CE NU~MBER 97-24, THE FOR.~ER PELICA~ STP~4D PUD; ~.ND BY PROVIDING ~.N EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, inc., of Naples, representing Pelican Strand, Ltd., petitioned the Board of County Com~.lssioners to change the zoning classification cf the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOAAD OF COUNTY CG:C4ISSIONERS OF COLLIER CC~TY, FLGRIDA; SECTION CNg: The Zoning Classification of the herein described real property located in Sections 18 & 19 , Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s~ nur~ered 8618N, 86185, 8619N and 8619S, as described in Ordlnance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance N~mber 97-24, known as the Pelican Strand PUD, adopted on May 27, 1997 by the Board of County Cor.~issioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance sLall become effective upon filing with the -1- Department of State. AGEkDA I'E~.~,% NOV PASSED ~4D DULY ADOPTED by the Board of County Com.missioners of Collier County, Florida, this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COI~4ISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency BY: TIMOTHY L. P~COCK, Chairman ~.ar]drie M. Student Assistant County Attorney -2- AC-E;.DA ITFJ, t. ~01/ 2 5 ~7/ PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPlVIENT PURSUANT TO PROVISIONS OF THE COLLIER. COUNTY I. AuND DEVELOPMENT CODE PREPARED FOR: PELICAN STR~qD LTD. 10621 AIRPORT -PULI.£'qG ROAD NORTH SUITE 1 NAPLES, FLOR.IDA 34109 PREPARED BY: PMS, EqC. OF NAPLES 2335 TAMIAbfI TRAIL NORTH SUITE 408 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER ~?ffE-NTS AND REPEAL NOTE: SUBMIT AS A SEPARATE DOCUME~. DO NOT COMBhN'E wrrtt OTltER SUBMISSION DOCUMENTS ~ ~ .-, .. .- LIST OF EXHIBITS PAGE EXHIBIT A - PUD MASTER PLAN Attached ii STATEMENT OF CON[PLLhaNCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be kno~ as Pelican Strand will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Pelican Strand is a mixed commercial residential/golf and associated recreational use project which ,,,,'ill be consistent with the applicable elements of the Collier Orowth Management Plan for the following reasons: 1. The property includes the entire northwest quadrant ofthe Immokalee Road interstate activity center, which accommodates the planned 30 acres of commercial land uses. The remaining 169.3 acres of project area within Section 19, Township 48 South, Range 26 East, lies within the 1-75/Immokalee Road density band, which makes these lands eligible for a 7 unit per acre density, or 1,185 traits. Project lands within Section lB, Township 48 South, Range 26 East, are 375.269 acres in area, and are eligible for the Urban Area Base Density of 4 dwelling units per acre, or 1,501 units. The total 544.569 acres of project area are thus eligible for 2,686 units, or 4.93 dwelling units per acre. This residential development density eligibility is substantially greater than the planned 1200 un.its or 2.2 units per acre. o The 30 acres of project area which lie within the interstate activity center are planned for mixed commercial, transient lodgings, and institutional uses, as is indicated to be appropriate by the Furore Land Use Element Traffic ways, utilities, and other public facilities necessary to serve the Pelican Strand project are adequate. Pelican Strand will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. The Pelican Strand project will be compatible with and complimentary to existing and planned land uses in the vicinity. SHORT TITLE , This ordinance shall be known and cited as the "PELICAN STRAND PLANNED UNIT DEV£LOPMENT ORDINANCE". III SECTION I PROPERTY OWNERSFIIP, LEGAL AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the prol~rty, and to describe the existing conditions of the property proposed to be developed under the project name of PELICAN STRAND. 1.2 LEGAL DESCRIPTION A tract of land situated in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, said tract lying West of Interstate 75 and being more particularly described as follows: Commencing at the southwest comer of Section 19, Township 48 South, Range 26 East and being on the North fight of way line of County Route 846 (I00' wide), thence along Road R/W South 89o 20'28" East a distance of 1890.22 ft. to a point, thence North 00° 21'54" East a distance of 100.00 f~ to a point on the north edge ora canal easement and the TRUE POI2qT OF BEGINNING. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 and or Book 365 Page 414, Collier County); the following six (6) courses and distances; South 890 20'28" East a distance of 750.00 feet to a point on the IA section line,; Thence; South 89o 21 '04" East a distance of 267.46 feet to a point; Thence; North 470 51'05" East a distance of 268.82 feet to a point; Thence; North 140 05'43" East a distance Thence; North 090 23'06" East a distance Thence; North 040 36'19" East a distance Thence; South 890 26'00" East a distance Interstate 75 (Or Book 365 Page 410), Thence; North 00° 36'29" East a distance line of Section 19 Thence; North 00° Thence; North 00° Thence; North 00° of 502.45 feet to a point; of 439.38 feet to a point; of 671.26 feet to a point; of 109.07 feet to a point on the west fight ofway line of of 3443.60 feet along said right of way to a point on the north 36'21" East a distance 36'21" East a distance 36'21" East a distance of 1475.86 feet to a point of 1190.58 feet to a point on the east west ¼ line of Section 18, of 2666.77 feet to a point on the north line of Section 18, Thence; North 880 31 '41" West a distance of 836.37 feet along said north section line to a point marking the north ¼ comer of Section 18, Thence continue; North 880 31 '41" West a distance of 2627.43 feet along said section line to a point marking the northwest comer of Section 18, Thence; South 00° 34'00" West a distance of 2686.42 feet along the west line of section 18 to a point marking the west ¼ comer of Section 18, Thence continue; South 00° 34'00" West, along said section line a distance of 2685.26 feet to a point marking the southwest comer of Section 18, ~ z 5 1-1 Thence; South 890 09'52" East along the south line of Section 18 a distance of 1983.97 feet to a point Thence; South 89o 09'52" East a distance of 648.71 feet to a point on the north south *A section line of Section 18, Thence; South 00°21 '54" West along said 'A section line a distance of 1715.95 feet to a point, Thence; North 89o 20'04" West a distance of 750.00 feet to a point, Thence; South 00° 21 '54" West a distance of 3505.96 feet to the point of beginning and containing 574.569 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport Rd. North, Naples, Florida 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Ao The project site is located in the northwest qua&ant of the 1-75/Immokalee Road interchange. Bo The zorting classification of the project prior to approval of this PUD document was "Planned Unit Development". Co The project lies within Water Management District No. 7 and within the Cocohatchee River watershed. Drainage from the property will discharge into the Immokalee Road Canal, thence westerly in the Lmmokalee Road Canal to the Cocohatchee River tidewater, which connects to the Gulf'of Mexico via Wig~n~ Pass. Do Water management for the project will be of the constructed lake and preserved natural wetland retention type. Storm waters which exit the site will do so via a control structure, which will be authorized as a part of water management permits issued by Collier County and the South Flor/da Water Management District. Topography within the project is relatively level, with surface elevations ranging from 12 feet to 14 feet above mean sea level. The entirety of the site lies within Flood Zone "X" according to FIRM Map 12006700215D, dated June 3, 1986. Fo Soil types w/thin the project include Hallandale fine sand (approximately 30%), Riviera fine sand, limestone substratum (approximately 20%), Basinger fine sand (approximately 15%), Boca fine sand (approximately 15%), Boca, Riviera, limestone substratum and Copeland fine sand depressional (approximately 12%), Holopaw fmc sand, limestone subxtramm (approximately 4%), Holopaw fine sand '(approximately 3%), and Pineda fine sand, limestone substratum (approximately 1%). 1.5 DEVELOPMENT OF REGIONAL IMPACT The Pelican Strand project will be an expanded version of the previously approvet~"l~~ PUD/Dm. No change has occurred to the previo~ly approved project area of 57~.-" 6 a~.~.~..'p ',~',~~ : 1.6 previously approved 18-hole golf co.se is being lengthened so as to be a 27-hole golf com'se. The previously approved 680 residential dwelfing units are being increased to 1200 units. The original PUD/DRI included 30 acres of mixed commercial development. No change is being made to the 30 acre area boundary. Uses permitted in the 30 acre commercial area include 120,000 sq. ft. of retail/service commercial, 80,000 sq. ft. of office commercial, and 140 hotel/motel rooms. Additional lands may be acquixed and incorporated in the Pelican Strand project at a future date. Such an expansion of the project will necessitate an amendment of this PUD document, ofthe PUD Master Plan, and if appropriate, of the DKI development Order. Any development thresholds exceeding those authorized under Ordinance Number 96-65 may not be constructed prior to approval of an Amendment to the Pelican Strand DRI/Development Order 96-3, Resolution 96-484 establishing density consistent within those ofthis PUD. Furthermore, the requirements set for'da in this PUD Ordinance shall be altered through the PUD Amendment process should it be necessary to make it consistent with any future amendments to the DILl Development Order. DENSITY The total acreage of Pelican Strand is approximately 575'" acres. The maximum number of dwelling units to be built on the total acreage is 1200. The number of dwelling units per gross acre is approximately 2.09 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel ofland. Commercial uses occupy approximately 30.0 acres with a maximum gross leasable floor area of 120,000 square feet of retail/service commercial, 80,000 square feet ofofflce commercial, and 140 hotel/motel rooms. These described land uses are set forth on the PUD Master Plan, Exhibit "A". At all times, all of the property included within the Pelican Strand PUD shall be included in determL~ing project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers. 1,3 SECI'ION II PROJECT DEVELOPMENT 2.1 2.2 2.3 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Development of Pelican Strand shall be in accorctance with the contents of this Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the tkne of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material incorporated in this PUD document shall become part of thc regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect v,4th respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and we of land for the various tracts, is illustrated graphically by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project is indicated by the following table: 2-1 AG~'L, OA MAXIMUM LAND USE INTENSITY SUMMARy. USE Residential Golf Course/Buffers Lakes Preserves Roads Commercial Totals MAX. D.U.,t ACRES 1200 158.5 N/A 203.3 N/A 73.7 N/A 82.8 N/A 26.3 N/A 30 1200 574.6 +/- USE, Retail/Service Office Hotel/Motel 30 ACRE COIV~I'ERCIAL AREA COM-PONENT$' 120,000 80.000 140 R~ 2.4 RELATED PROJECT PLAaN APPROVAL REQUIREME,N-IS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD. final plans of all required improvements shall receive approval of the appropriate Collier Count).' governmental agency to insure compliance with the PUD ~ PI:re. the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", the PUD Master Plan, constitutes the requir~ PUD l~velopment Plan. Subsequent to or concurrent with PUD approval, a Prelim/nary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.5 2.6 2.7 Do The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of' land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance wkh requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a f'mai plat for any portion of the tract or parcel. UtiliD', road, public, private, etc. easements shall be established as required during the SDP and/or plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providin§ perpetual maintehance of common facilities. MODEL HOMES/SALES OFFI~S Model home, sa. les centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses thxoughout Pelican Strand Community subject to the requirements of Section 2.6.33.4, of the Collier County Land Development code. A.I~[EN-DMENTS TO PUD DOCUM~ENT OR PUD ~LASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR CONLMON AREA MAINTENANCE Most common area maintenance will be provided by the Pelican Strand Master Property Owners' Association, Inc. (PSMA). The PSMA is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions ora County developments approval. For those areas not maintained by the PSMA, the Developer has created property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PSMA or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Pelican Strand Community, in accordance with the provisions of this PUD and the DRI Development Order, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. 2-3 2.9 LANDSCAPE BUFFERS, BERM, FENCES AND WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Pelican Strand Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Bo 2. 3. 4. Grassed berms 4:1 Ground covered berms 3:1 Kip-Rap berms 1:1 Structural walled berms - vertical Fenced or wall m~imum height: six feet (6), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is consmacted on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:l or less, and shall not exceed four feet (4') in height fi.om the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Strand Community PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape buffer easement on final plats, or in a separate recorded instrument. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the Pelican Strand Design Review Committee. DESIGN GUIDEL~S AND STAaNDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified owner-;hip or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The Pelican Strand Community is plarmed as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Pelican Strand, Ltd. has established community-wide design guidelines and standards to ensure a high and consistent level of quality for commtmity features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Pelican Strand, Ltd. will establish supplemental design gmdelmes and standardsi~o ac .hi..e~._~ .ff~.~~ . objectives by means of recorded covenants, conditions, and restnctaons to Pelican Str~d De~~ (5 Review Committee for review and approval, t , ::.; - ............. j I',,,', 2.5 / 2-4 i F:,. '~ 2.10 GENERAL PEPJV[ITTED USES Certain uses shall be considered general permitted uses throughout the Pelican Strand Community PUD except in the Prese~we District. General permitted uses are those uses which generally serve the Developer and residents of Pelican Strand Community and are typically part of the common infrastructure or are considered community facilities. Ao General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to s1:Tuc~s: Setback fi.om back of curb or edge of pavement of any road - fifteen feet (I 5') except for guard houses, gatehouses, and access control slructures which shall have no required setback. Setback fi.om property lines - one half (1/2) the height of the structure. Minimum distance between strucu~es which arc part of an ............................. 2-s 2.11 2.12 4. Minimum distance between unrelated structures - ten feet (10'). 5. Minimum height of structures - twenty-five feet (25'). 6. Minimum floor area - none required. o Minimum lot or parcel area - none required. SidewaLk~, bikepaths, and cartpaths may occur within County requLred buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, blkepath, or cartpath. Standazds for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACES REQIKRE,'VIENTS The PUD Master Plan identifies approximately 574.6 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lakes, and miscellaneous open space/buffer designations. These areas, in conjunction with the open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUTREMENTS Pursuant to Section 7.10.A of this PDT), 25% of the viable naturally functioning native vegetation on site shall be preserved. SECTION III RESIDENTIAL DEVELOP1VfENT AREAS 3.1 3.2 3.3 3.4 pURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts indicated as Tracts 1 through 15 on Exhibit "A", the PUD Master Plan. DWELLING UNITS The maximum number of dwelling units permitted in the fifteen residential development tracts is 1200. Distribution of the dwelling units among the various residential development tracts shall be governed by the rules and regulations set forth hq this Section. GENERAL DESCRI2:'TION Areas designated "R" on the Master Plan are designed to accommodate a full range of residential dwelling v/pcs, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. ?rinci~al Use~ 1. Single-family detached dwelling units. 2. Single-family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and town.home dwellings. Multiple-family dwellings including Garden Apartments. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R~-~ ..... 3-1 3.4 B. Accessory, Uses. 1. Customary accessory uses and structures, including attached or detached garages. 2. Guest houses, pursuant to section 2.6.14 of the LDC. 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R District. DEVELOPbI~NT STAN'DARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1 -4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Pelican Strand Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. Go Ho Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot line dwellings are identified separately fi'om single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. Housing structure types including lot orientation for single-family detach .e,.4d.ho_us~.$.su..c_h. as~_._~_. zero lot line versus non-zero lot line orientations may not be mixed. 3-2 TABLE 1 PELICAN STRAND COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDEN'FIA.L AREAS PE PuMYI"FE D USES AND STAN'DARDS SINGLE PATIO & F~Y ZERO LOT DETACHED LINE FAN[ILY & DUPLEX SINGLE FAMILY ATTA CFI'F~D AND TOWN'HOUSE Category I 2 4 ,Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF" 3,000 SF I AC M. inimum Lot Width -s 60 50 35 30 150 Front Yard 25 '~ 20 '~ 20 '~ 20 '~ 25 Front Yard for l0 l0 10 l0 15 Side Entry Garage Side Yard 5 0 or 5.6.t 0 or 7.5.? 0 or .5 BH '? 0.5 BH Rear Yard Principal 20 10 20 20 BH 10 8 * I0 I0 15 Rear Yard Accessory Rear Yard '~ 10 I0 10 ~.~'U'LTI- FAMILY DWELLINGS 5 .5BH Maximum Buildiag Height ': 35 35 35 35 35 Distance Between 10 10 0 or 15 .5 SBH .5 SBH Principal Structures Floor Area M. in. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF SECTION IV GOLF COURSE, OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards fer the Golf Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be prmected and preserved wherever practicable. 4.2 PERMITTED USES A. ND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Commu. rfity and golf course maintenance areas, maintenance buildings, essential services, Lrr/gation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fimess trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "Cd;O" District. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitted in this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, bars and golf course maintenance yards. '. ...................... i 2 4-1 t 4.3 Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunications facilities. 7, Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" District. DEVELOPM2ENT REGULATIONS Principal structures shall be setback a minimum of twenty feet (20') fi.om "GCO" District boundaries and private roads, and fifty feet (50') fi'om all PUD boundaries and residential tracts. Bo Accessory structures shall be setback a minimum often feet (10') fi'om "GCO" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties form direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structure = 3 Stories 2. Accessory Structures: 2 Stories Eo Minimum distance between pr~,cipal or accessory structures which are a part ofan architecturally urfified grouping - Ten feet (I0'). F. Minimum distance between all other principal structures - Twenty feet (20'). G. Minimum distance between ali other accessory structures - Ten feet (10'). H. Minimum floor area - None required. Minimum lot or parcel area - None required. 4-2 Parking for the community center/clubhouse shall be one space per every two hundred (200) squar'e feet of gl'oss floor area, which shall be considered inclusive of the required golf course parlci~g. St. and~rds for parking, landscaping, signs and other la.nd uses where such st,'mdards are not specified herein, are to be in accordance with Collier County Lind Development Code i.n effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to pri. ncipal strucm.res. $.1 PURPOSE 5.2 5.3 5.4 SECTION V PRESERVE DISTRICT The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. GENERAL DESCRItrFION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve district is to retain viable naturally functioning wetland upland systems, to allow for restoration and enhancement of' impacted or degraded wetland systems, and to provide an open space amenity, for the enjoyment of Pelican Strand Community residents. USES PEI~MITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional State and Federal permits when required; A. Principal Uses I. Open Spaces/Nature Preserves. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 4. Drainage, water management, and utilitarian facilities, subject to all needed permits. DEVELOPNEENT STANDARDS Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into the design. Bo Lighting facilities shall be arranged in a manner which will protect roadways properties from direct glare or unreasonable interference. 5-1 and residential 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to compb'ing with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by said agencies, end as set forth in Section 8.13 hereof. The developer, its successor(s) or assigns, the Pelican Strand Master Property Owners' Association, Inc., shall be responsible for control and maintenance of lands within the Preserve District. SECTION VI ACTIVITY CENTER DISTRICT 6.1 6.2 6.3 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the la-acts designated on Exhibit "A" as Commercial. DEVELOP1V[ENT EM?HASIS The two commercial tracts constitute 30 acres of commercial development area. They are located in the northwest quadrant of the 1-75/Immokalee Road interchange, which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions, offices, transient lodging facilities, and associated uses. The entirety of the two commercial tracts is to be developed under a common architectural landscape architectural theme, so as to serve the joint objectives of attractiveness to patrons, and an attractive entry feature for the Pelican Strand residential/golfing community. USES PERMI~ED The following uses, as identified with a number fi.om the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of fight, or as uses accessory to{ permitted uses. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). ° Business Services (groups 7311,7313, 7322-7338, 7361-7379, 7384,7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6.10). Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to the locational requirements of Sec. 2.6.10). 7. Food Stores (groups 5411-5499). 8. General Merchandise Stores (groups 5311-5399) 6-1 fi":'-' 9. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26. 10. Home Furniture, Famishing, and Equipment Stores (groups 5712-5736). 11. Hotels/Motels (7011). 12. Libraries (8231). 13. Membership Organizations (8611-8699). 14. Miscellaneous Repair Services (groups 7629-7631). 15. ,Miscellaneous Retail (groups 5912-5963 except pawnshops and all uses dealing with secondhand merchandise, 5922-5999). 16. Motion Picture Theaters, except drive-in (7832). 17. Museums and Art Galleries (8412). 18. Non-depository Credit Institutions (groups 6111-6163). 19. Paint, Glass, and Wallpaper Stores (5231). 20. Personal Services (groups 7211, 7212, 7215, industrial dry cleaning only, 7221-7251, 7291). 21. Public Administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores (5261). 23. Veterinary Services (groups 0742, 0752, excluding outside kenneling). 24. Video Tape Rental (7841). 25. United States Postal Service (4311 except major distribution centers). 26. _C__0.tnmunicafion Tower (location limited to the southeast section of tract "G'q. 27. Any other general commercial use which is comparable in nature with the foregoing uses. 6.4 PEI:~M2ITTED ACCESSORY USES IN STRUCTURES Accessory uses and structures customarily associated with the uses permitted in this District. 6-2 Essential services and facilities. Words ~ are additions; Words ~t,~-qv,fl~-ot, gh are deletions. 6.5 DEVELOPMENT STAhq3ARDS A. Principal structures shall be setback a minimum oftwenty feet (20') from "GCO" and PUD boundaries, private and public roads. Bo Accessory structures shall setback a minimum often feet (I 0') from "C-CO" boundaries and private roads, and twenty (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference D. Maximum height of structtzres 1. Retail\Service - 2 stories 2. OfficeXJn~titutional - 4 stories 3. HotelXMotel - 7 stories 4. Corn .munication Tower - 170 feet tall Eo Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Fo Minimum distance between all other principal structures - none, or a minimum of 10 feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (I0'). H. Minimum floor area - None required. I. M/nimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. K° All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 6-3 Words ~,~4t4'a'o~'gh arc deletions. Words underlined arc additions; .................... I I Il I[[]n[ [[[[[ I IIIlfl~lllll ..................... II -~ Il I I Il Il[II --_ 7.1 7.2 7.3 SECTION VII GENERAL DEVELOP1V[ENT COMIVIITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, kis successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the re-zoning of the property. In addition, the developer will agree to convey to any successor or assignee in title, any commitments within tlais agreement. PUD MASTER PLAN io Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. Co The following shall be considered minor changes and refinements, subject to the limitations of PUD Section 7.3A: Reconfiguration of Peserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no encroachment into Reserve areas. ! ~ ~'..: ,; :; , .... Reconfiguration of golf course envelopes and design features. Internal realignment of rights-of-way other than a relocation of access points to the PUD. Reconfiguration of residential parcels when there is no encroachment into Preserve areaq. 7.4 7.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Ao Initiation of construction on the Pelican Strand project occurred in calendar year 1996, with completion of the golf course and project infrastructure anticipated to occur in calendar year 1997. Marketing of commercial and residential sites and golf course memberships began in calendar year 1996, and is expected to be concluded in calendar year 2003. Monitoring Report: An armual monitoring report shall be subrnitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 at the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circ~t Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowner associations, or community recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDMSION REQUYREME~'WI'S AND STANDARD DESIGN SUBSTITUTIONS A perimeter berm along 1-75 may be steeper than provided for by Section 2.4.4.14 of the LDC, provided that the Development Services Director determines that detailed development/ landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness. Trees and shrubs shall be planted along the base of the 1-75 side of the berm, so as to visually soften the appearance of the steep sided berm. Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not require mowing. Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. .............. 7-2 Bo Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 of'die LDC except as follows: I. Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density, of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 7.6.B.4 of this PUD. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way width and two ten foot (10') wide travel lanes. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes. Cul-de-sacs may no~. exceed a length of fifteen hundred feet (1500') a.a-ree~a~ed-t~ 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7.7 TRANSPORTATION 7-3 Words ~ are additions; Words ~ are deletions. The development of this PUD Master Plan shall be subject to and governed by the following it~,; r,. c- t'.".'-: EXECUTIVE SUMMARY PETITION NO. R-97-6 DOMINICK .l. AMICO, JR., P.E., REPRESENTING 3227 SOUTH HORSESHOE LIMITED, REQUESTING A REZONE FROM 'I" TO "C-5~ FOR PROPERTY LOCATED IN COLLIER PARK OF COMMERCE (EAST NAPLES INDUSTRIAL PARK) NEAR THE NORTHWEST CORNER OF SOUTH HORSESHOE DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 2:5 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks to rezone certain property as herein described from its current classification of "I" Industrial to "C-5". CONSIDERATIONS: The property is located on the northwest corner of Airport Road and South Horseshoe Drive. The petitioner is desirous of making a use of part of an existing building, namely for a beauty salon which is not an authorized use on properties zoned Industrial. The only way they can achieve this short of an amendment to the provision of the Land Development Code relative to uses authorized in industrially zoned districts is by establishing a commercial zoning district which allows the intended land use. However, when a standard zoning district is approved the action results in all of the uses of that district being allowed and not simply the targeted business unless otherwise restricted by the rezoning action. It is the intention of staff to craft the rezoning development order to accomplish only the specific goal of this petitioner, while retaining the correct uses allowed under the Industrial zoning classification. The subject property is designated Urban Industrial by the Future Land Use Element and its related FLUE Map. A description of the meaning of Urban Industrial District in the FLUE advises that intensities of use shall be those related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, high technology, laboratories, assembly, storage, computer and data processing, business services, limited commercial such as child care centers and restaurants and other basic industrial uses but not including retail. At face value this description does not preclude all commercial uses because clearly several of these uses are allowed currently in the C-5 district and in particular those that fall under the category of business services and limited commercial. Staff is of the opinion that the basic philosophy expressed by this statement will not be abrogated if it extends to contain personal services which like business services and restaurants tend to be supportive &operating requirements of the more basic industrial types of land uses. Additionally, there is a provision in the definition which widens the potential application of commercial uses to those properties in an urban industrial area located along the perimeter of a designated industrial area. In the opinion of staffa major anerialfor a transitionalr°ad like typeAirp°nof commercialR°ad establisheSuse, the perimeter relationship identified in the LD-E rto. ~~ NOV 2 5 1997 Pg. L By implicit assumption regarding personal services and the provision for transitional commercial zoning, staff is of the opinion that a rezoning action to C-5 with express limitation of uses to be allowed could be construed as an action consistent with the FLUE. Express limitations would include all retailing types of land use activities. Regarding other applicable elements of the GMP, staff is of the opinion that a rezoning action from "Industrial" to "Commercial" would not change any level of service relationship. Several allowable industrial uses are similar to those allowed in the "C-5" district relative to demand on public services for which level of service standards apply. The Collier County Planning Commission heard this petition at their public hearing held on November 6, 1997 and by a unanimous vote (8 to 0) recommended approval. No person spoke or otherwise communicated any level ofobjection to this petition. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Grow'Ih Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. AGENDA IT.EM, NOV 2 5 1997 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition No. R-97-6 be approved subject to limitations described in the draft Ordinance for Adoption and Exhibits thereto included with this Executive Summary. RONALD F. NINO, AICP CHIEF PLANNER DATE REVIEWED BY: · R03/ERT J. MUL--UraE, ^,c~ ~AJRRENT PI~ANNING MANAGER ~O~A~)v. ~0~, ~cr VINCENT A. CAUTERO, ADMINISTRATOR DATE DATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. R-97-6 EX SD.'MMARY/PD 3 NOV' 2 5 '1997 ORDIHANCE !JO. 97- AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIOHS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDIHG THE OFFICIAL ZONING ATLAS MAP NUMBER 9535H BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN COLLIER PARK OF COMMERCE (EAST tlAPLES INDUSTRIAL PARK) AT THE ~[ORTHWEST CORNER OF SOUTH HORSESHOE DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTIG~ 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, ~LORIDA, FROM "I" TO ~C-5" AS HEREIN MODIFIED; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dominick J. Amico, Jr., P.E., representing 3227 South Horseshoe Limited, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIG~IERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 35, Township 49 South, Range 25 East, Collier County, Florida, is changed from "I" to "C-5" as herein modified and the Official Zoning Atlas Map Huraber 9535N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property, Exhibit "A" attached hereto and incorporated by reference herein, is the same for which the rezone is hereby approved subject to the following conditions: The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within the C-5 Zoning District, are permitted as a right, or as uses accessory to permitted uses in this Section. i. Perm~ttea Uses a. Unless otherwise provided for, permitted uses shall include all of those uses permitted in the C-5 Zonlng District at Section 2.2.15 ~.2.1 of the Collier County Land Development Code with the exception of those ma]or groups listed under Division G, Retail Trade of the SIC Manual (1987) save for Group 5812 Eating Places. 2. No ingress or egress from Airport Road is allowed. 3. All other applicable provisions of the Collier Coun%y Land Development Code shall apply. SECTIOH TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commisszoners of Collier County, Florida, this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal $':fficiency: Mar]ckle M. Stuaent Assistant County Attorney ~o./~ NOV Z 5 1997 AGENDA ITEM NO¥ g 5 Z66L ~ 8 AON 1'I3.U DOCUMENT MISSING ITEM #12B4 Pages 1 thru 3 MEMORANDUM AGENDA ITEM 7-G TO: FROM: DATE: RE: COLLIER COUNTY PLAN~TNG COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION October 2, 1997 PETITION NO: R-97-6 Industrial to C-5 Collier Park of Commerce OWNEFUAGENT: Agent: Mr. Dominick J. Amico, P.E. Agnoli, Barber, and Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, Florida 34108 O~aq'ler: Collier Management Services, Inc. and 3227 South Horseshoe Limited (General and Limited Partners Collier Enterprises) 3003 Tamiami Trail North Naples, Florida 34103 REQUESTED ACTION: This petition seeks to rezone certain property as herein described from its current classification of Industrial to C-5. GEOGRAPHIC LOCATION: The property is located on the northwest comer of Airport Road and South Horseshoe Drive (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The petitioner is desirous of making a use of part of an existing building, namely for a beauty salon which is not an authorized use on properties zoned Industrial. The only way they can achieve this short of an amendment to the provision of the Land Development Code relative to uses authorized in industrially zoned districts is by establishing a commercial zoning district which allows the intended land use. However, when a standard zoning district is approved the action results in all of the uses of that district being allowed and not simply the targeted business unless otherwise restricted by the rezoning action. It is the intention of staff to craft the rezoning development order to accomplish only the specific goal of this petitioner, while retaining the correct uses allowed under the Industrial zoning classification. AG E N/D.~r IJF/J~ ,,~ ,o../~ NOV 2 5 1997 5 1997 ::: O0'OC,r 3. r~,~r..O0 S NOV 2 5 1997 Pg. ~) SURROUNDING LAND USE AND ZONING: Existing: A portion of the subject property contains a building which is currently unoccupied, but previously housed the offices of the Collier County Builders Association. The most eastern portion of the property between the building and Airport Road is vacant but serves as common land on which the entryway landscaping and identification sign is featured for the Collier Business Park. This property is currently zoned Industrial. Surrounding: North - The land is vacant and is zoned Industrial. East - To the east lies Airport Road a six (6) lane divided highway. The east side of Airport Road is zoned C-5. South - To the south of South Horseshoe Drive the land is vacant and zoned Industrial. West - To the west the land is developed with an office looking two story new structure. This property is zoned Industrial. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban Industrial by the Future Land Use Element and its related FLUE Map. A description of the meaning of Urban Industrial District in the FLUE advises that intensities of use shall be those related to light manufacturing, processing, storage and warehousing, wholesaling, distribution, high technology, laboratories, assembly, storage, computer and data processing, business services, limited commercial such as child care centers and restaurants and other basic industrial uses but not including retail. At face value this description does not preclude all commercial uses because clearly several of these uses are allowed currently in the C-5 district and in particular those that fall under the category of business services and limited commercial. Staffis of the opinion that the basic philosophy expressed by this statement will not be abrogated if it extends to contain personal services which like business services and restaurants tend to be supportive of the operating requirements of the more basic industrial types of land uses. Additionally, there is a provision in the definition which widens the potential application of commercial uses to those properties in an urban industrial area located along the perimeter of a designated industrial area. In the opinion of staff a major arterial road like Airport Road establishes the perimeter relationship identified in the FLUE as qualifying for a transistional type of commercial use. By implicit assumption regarding personal services and the provision for transistional commercial zoning, staff is of the opinion that a rezoning action to C-5 with express limitation of uses to be allowed could be construed as an action consistent with the FLUE. Express limitatic~ all retailing types of land use activities, no. ~ 2 NOV 12 5 1997 P~°- 7 Regarding other ~.pplicable elements of the GMP, staff is of the opinion that a rezoning action from Industrial to Commercial would not change any level of service relationship. Several allowable industrial uses are similar to those allowed in the C-5 district relative to demand on public services for which level of service standards apply. HISTORIC/ARCttAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, ali development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENV'IRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a re~,4ew by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape conditions which are attached to the rezoning action or cause development commitments to be formulated to achieve GXfP and LDC requirements. The petition was administratively reviewed on behalf of the EAB. Staff recommended conditions are included in the draft development order and amending ordinance. ANALYSIS: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive ove~'iew of the impacts of the proposed land use change, by they positive or negative, culminating in a staff recommendation based on that comprehensive overview. TI' specifically noted in Section 2.7.3.2.5 ofthe Land Development Code thus requir 3 and comment, and from the basis for a recommendation of approval or denial by the Planning Commission once approved and/or otherwise modified to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staffs review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance v,4:h mitigation. These evaluations are completed as separate documents and are attached to the staff report. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship tO Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Grovah Management Plan. Current provisions of the Land Development Code provide for transitional commercial zoning along the edges of industrially designated areas. Specific exclusion from this type of transitional commercial uses are activities involved in retailing products and merchandise, otherwise transitional uses are whatever the BCC says they are in its action. In the opinion of staff an action to rezone the property to C-5 with land uses limited to non-retail activities, and uses that meet the unspecified test of transitional uses is consistent with the FLUE. It is not sufficient that a petition only need to show consistency with the G,X.~ in order to justify a rezoning action. Other factors are equally important and include the follows: Compatibility - Staff is of the opirfion that a rezoning of the subject property to a limited C-5 zoning district is compatible with its surrounding environs because the Airport Road frontage is largely zoned for various commercial zoning districts. In particular the east side of Airport Road is zoned C-5. Practically all of the uses within the Collier Park of Commerce, of which the subject property is a part and lying to the west contain land uses that while allowed in the Industrial district are also allowed in the C-5 district, so that from a practical point of view one will not be able to discern any change in land use should the subject property be rezoned to a restricted C-5 classification. The fact remains that the difference between C-5 district and the Industrial district may be negligible, and tends to produce buildings and land uses that are very similar. Examples include the offices of various building trades and a whole range of business services. Timing - There are no issues of timing inasmuch as the land is developed as well as all of the surrounding environment which is serviced with an optimum level of community infrastructure. Traffic - There are no discernible differences in the traffic generating characteristics of many of the uses authorized in the C-5 district as opposed to those authorized in the Industrial district. Obviously in those areas where uses allowed in C-5 are also allowed in the Industrial district there is no difference. Traffic engineering staff advised that traffic impacts resulting from this rezone w should a personal service like a beauty shop become part ofthe tenant mix in the exist 4 ,uU ns bu~i6~ NOV 2 5 1997 Relative to driveway connections to the public street system, staff is recommending that no driveway connection with Airport Road be allowed and has crafted the development order to reflect this condition. STAFF RECOMMENDATION: That petition R-97-6 be approved as conditioned to limit the uses to be authorized to those C-5 uses that are non-retail as generally defined by Division G, Retail Trade from the Standard Industrial Classification Manual which forms the bases for defining allowable land uses. PJON-A~L5 ~.~NINO, ~CP DATE C~F PLieR REVIEWED BY: ROBERT J. MULHEI:LE, AICP CURRENT PLANNING MANAGER DONALD W"-'~. ARNOLD, AICP VINCENT A. CAUTERO, ADMINISTRATOR COIVhMUNITY DEV. AND ENVIRONMENT~ SVCS. DATE D A-i~E ' I/AR Petition Number R-97-6 StaffReport for November 6, 1997 CCPC meeting. COLLIER COUNTY PLANNI~COTSSION: MICHAEL A. DAVIS, CHAIRMAN R-974 STAFF REPORT/pd NO. ~ NOV 2 5 1997 Pg. 3227 SOUTH HORSESHOE LIMITED KEZONE PROJECT NARIL4.TIVE The property being considered for rczoning is the existing CBIA building parcel in the Collier Park of Commerce. This building was used primarily as office space, which is typically a commercial use under current zoning laws, however, the existing zoning of thc prol~rty is Industrial. Current zoning regulations do not allow office/retail uses as a the primary use under the Industrial District. Given the property's proximity to other commercial uses along the Airport Road corridor, Count)' Staff has indicated that this is an appropriate use for the land. The actual use proposed is for a beaut.,,' salon and contractor's office. These uses require C-5 zoning. 06-293j 7.doc.wpd NOV 5 1997 COLLIER COUNTY APPLICATION FOR STANDARD REZONE PETITION NO. COORDINATING PLANNER: RON NINO DATE RECEIVED: APPLICANT NAME (AGENT): Dominick J. ~ico, Jr., P.Ei PHONE:7-~ APPLICANT ADDRESS: 7400 Tamiami Tr. N., Suite 200, N~ples, FL 34108 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: ~227 South Horseshoe Limited, 3003 Tamiami Tr. N., Naples, FL 34102 PHONE:_261-4455 DETAILED LEGAL'DESCRIPTION OF SUBJECT PROPERTY: SECTION: 35 TOWNSHIP: 49S P3.NGE: 25E TEE NORTH 200 FEET OF THE SOUTH 510 FEET OF TEE EAST 250 FEET LESS ~BE EAST 50 FEET OF THE NORTHEAST OUARTER ~!/4) OF SECTIO~ 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PROPERTY i D ~: 00268840009 SIZE OF PROPERTY: 200 FT. X 200 . GENEP~L LOCATION OF SUBJECT P?.OPERTY: ADJACENT ZONING AND LAND USE ZONING E B/w EXISTING ZONING: ET. ACRES: ,92 COLLLIER PARK OF COMMERCE (EAST NAPLES INDUSTRIAL PARK LAND USE Vacant ~ue! facility Airport Road V~cant REQUESTED ZONING: C5 PROPOSED LAND USE OR RANGE OF USE$ (OPTIONAL): C-5, BEAUTY SALON & OFFICE NOV 2 5 1997 ~0~Y O~t~ Do~S ~ .... CORg~ CONTIGUOUS p~OPERTY TO THE SUBJECT pROPERTY? DESCRIPTION OF EHTIP, E coHTIGUOUS pp, oPEKTY: ~ --' S pROPESTY WITHIN pLEA55 u~ ...... '' ''' ~'' ';' N~ ~c DATE %hah public co:pOtation, so i%i o~er is a corpora%ion other stockholderS' ~n~iCate and nar, e office'S and major . ~f petYtloneZ is a ~and %r,sSt, so indicate and name beneficiaries . if petiticna~ is a par%nershiP, limited partnership or other business entity, so i?.dicate an~. name p~incipalS- . If patitioner is a ~e~See, astach copy o~ lea~e, and indicate actual o~ners i~ hoc indYcated on the lease. ~u[chase~, attach copy of contract and . If ~etitioner is a consract . indYCate actua~ owners nar. a ~nd add~eSs- 5TAt1DAR. D KEZON5 NOV 2., ,5 1997 SIGNATURE OF AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this ~ _ day of ., 1997 by 9OMINICK J, AMICO, JR. --, ~ho is Dersonally known to me ~ 1 .... 2~ ss i~enti£1ca=~,, and who did not take an oath. (Signature of Notary Public) NOTARY PUBLIC Commission ~_366735 My Commission Expires: 4/24/98 3227 SOUTH HORSESHOE L!MITrD !S A FLORIDA LIMITED pARTNERSHIP. !TS GENEP~L PARTNER IS COLLIER M~NAGEMBNT SERVICES, INC., A FLORIDA. CORPORATION. ITS LIMITED pARTMER iS COLLIER ENTERPRISES, A FLORIDA GENEPO%L PARTNERSHI?. NOV 2 5 1997 P~. ~ Utility Provisions for Conditional Uses and Rezones 1. NA/4E: DOMINICK J. AMICO, JR., P.E. 2. ADDRESS: 7ZOO TAMIAMI TR. N., SUITE 200, NAPLES, FL 3~I08 PHONE: (9~1) 597-31II 3. LEGAL DESCRIPTION: THE WESTERLY 125 FEET OF THE NORTH 200 FEET OF THE SOUTH 510 FEET OF THE EAST 250 FEET OF THE NORTHEAST OUARTER (NEI/~) OF SECTION 35, TOWNSHIP 35 SOUTH, RANGE 25 EAST, tOL£IER COUNTY, FLORIDA. 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system): A. COUNTY SYSTEM X B. CITY SYSTEM C. FRINCHiSED SYSTEM NAME: D. PAC}CAGE TREATMENT PLA3;T CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): B. C. D. COL~TY SYSTLM CITY SYSTEM FRINCHISED SYSTEM PRIVATE SYSTEM X NAME: ~. %~.~ ~GPULATION TO BE SERVED: N/A 7. PEA_K A_ND AVERAGE DAILY 1. WATER-PEA3< 90~ GP>~ AVERAGE DAILY 300 GPD 2. SEWER-PEAK g0~ ~PM AVERAGE DAILY 300 GPD 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTE~{, DATE SERVICE EXPECTED TO BE REQUIRED: ~LRKADY CONNECTED 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation Donds are to be used, then percolation data of soil involved shall be ~rovided from tests prepared by a professional engineer. -!- NOV Z .5 1997 EXECUTIVE SUMMARY PETITION: PUD-90-32 (1) R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VAILNADOE, P.A., REPRESENTING ASHLEY SERVICE STATION, INC., REQUESTING A REZONE FROM "PUD" AND "RMF-12" TO "PUD" FOR PROPERTY KNOWN AS "ASHLEY'S SERViCE STATION" PLANNED UNIT DEVELOPMENT FOR TH~ PUP. POSES OF ADDING LOT #19 TO THE BOUNDAR_rES OF THE PROYECT; ELIMINATING ALL SERVICE STATION REPAIR USES AND CONVERTING THE EKISTING SERViCE AREA 12,,rI'O A FAST FOOD RESTAURANT AND REVISING THE MASTER PLAN, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND 47~ STREET IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND CONTAINS 1 ACRE MORE OR LESS. OBJECTIVE: This petition seeks to amend the Ashley's Service Station PUD through a PUD and RMF-12 to PUD Planned Uni: Development rezoning action which will incorporate lot #19 into the boundaries of the project and to change the permitted uses as noted above. CONSIDERATIONS: The existing PLrD is currently developed with a 3,150 square foot gasoline service station that includes a convenience store, administrative offices and two (2) automotive repair bays. The PUD also allows for one future repair bay. The petitioner states that the owner has not been able to operate a profitable automotive repair facilib' at this location and now wishes to eliminate the automotive service repair use and replace it with a fast food restaurant. However, the petitioner proposed to retain the convenience store and gasoline pumps. In addition, square footage of the existing building will not increased in size for the restaurant use. Since the fast food restaurant requires more parking than the automotive repair use, the petitioner is incorporating Lot 19 into the PUD. This will allow the traffic to circulate around the drive-through-window. It should be noted that only the septic tank and employee parking will be relocated to Lot 19 as shown on the Master Plan. To improve compatibility, Lot 19 will be completely landscaped and grassed per Section 2.4 of the Land Development Code to provide a buffer from the adjacent residential area to the west and south. Furthermore, the existing landscaping for the existing project exceeds the current landscaping requirements The subject PUD is designated as an Activity Center on the Future Land Use Map of the Golden Gate Master Plan. This designation authorizes all manner commercial land uses that includes restaurants convenience stores and gasoline service stations. Aside from any vested relationships, cor. sistency with applicable elements of the GMP is as follows: Land Use And Density.: Through the application of the Zoning Re-evaluation process, Lot 19 has retained its residential density of 12 units per acre. However, because Lot 19 is also ~ commercial, it is eligible for rezoning to the C-1/T Commercial Zoning District wh: ~acent~~ :h NOV 2 5 1997 parking lots. In addition, the LDC allows for off-site parking on Lot 19 under the current RMF-12 zoning through an off-site parking agreement. Since septic tanks are deemed an "essential service" it is allowed in any zoning district. As a result, this PUD amendment has been determined to be consistent with the Golden Gate Master Plan and the FLUE of the Collier County GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed amendment will generate approximately 200 trips per day over the amount currently generated when the property was first rezoned to PUD. As a result, the proposed rezonedamendment doesn't exceed thc significance test on any roadway segment within the project's radius of development influence (PDI). In addition, Golden Gate Parkway is currently a 4 lane arterial road fronting the project. The current traffic count for this segment is 14,037 AA.DT which results in LOS "A" operation. _Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD rezone and PUD amendment is consistent with the goals and policies of the Golden Gate Master Plan. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. Relationship to Future and Existing Land Uses A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Golden Gate Master Plan. The property is located within an Activity Center as designated in the Future Land Use Map (FLUE) of the Golden Gate Master Plan. This designation permits the existing service station facility along with the adjacent commercial land uses. Given the urban influence impacting this area, the proposed change is timely in that this land is consistent with requirements ofthe FLUE to the Golden Gate Master Plan. The change in land use to delete automotive repair and to add fast food restaurants will not change any consistency standard. In addition, through the application of the Zoning Re-evaluation process, Lot 19 has retained its residential density of 12 u.nits per acre. However, because Lot 19 is adjacent to existing commercial, it is eligible for rezoning to the C-1/T Commercial Zoning District which does allow for parking lots. In addition, the LDC allows for off-site parking on Lot 19 under the current RMF-12 zoning through an off-site parking agreement. Since septic tanks are deemed an "essential service" it is allowed in any zoning district. As a result, this PUD amendment has been determine~ ajac, t ,,velopment order' NOV ,?, 5 1997 with the Golden Gate Master Plan and the FLUE ofthe Collier County GMP. Lastly, impacts are no different than those in existence under the currently approved d 2 particularly since land adjacent to the added (lot 19) will be landscaped and buffered and noise impacts will be reduced by the elimination of the automotive service bays which typically generate more noise than a fully enclosed restaurant. The surrounding land uses include the following: To the south is 25~ Place SW and developed single family units zoned RMF-6. To the west is vacant land that is zoned REMF-12 and C-4. Golden Gate Parkway and the Golden Gate Community Center is located to the north while 47'z Street SW and developed residential is located to the west. The Collier County Planning Commission (CCTC) heard this petition on November 6, 1997. The CCPC unanimously recommended approval of this petition by a 9 to 0 vote. One per,on zpoke in opposition to this petition. The major issues expressed concerned the increased tm.file to the site from the restaurant use, problems with noise, trash in the area and the lack of road maintenance on 47~ Street. However, the CCPC determined that the elimination of the automotive repair bays will help offset the increase in site generated trips from the fast food restaur, mt and should reduce the potential for noise impacts on the adjacent residential areas since the restaurant will be fully enclosed within the existing building. Lastly, the CCPC requested that staff contact the relevant County agencies to look into the matter cleaning up any trash on site and to see what repairs are needed on 47'~ Street. FISCAL I51P,',,CT: None. GROWTH .'XlANAGE,~IENT IMPACT: The proposed elimination of the automotive repair and the addition of a fast food restaurant use does no: give ri_~c to any consistency relationship that was not evaluated when the PUD was first approved. Public safe~v facilities are allowable uses of land in all zoning districts. This petition is therefore consistent ',,~ ilh the FLUE to the GMP. The amendment does nothing to change level of service relationships, or the way the Ashley's Service Station PUD relates to the goals, objectives or policies of the GMP. Subsequent development of individual building blocks remain subject to Land Development Code review and approval processes. In addition, since Lot 19 is adjacent to existing commercial, it is eligible for rezoning to the C-1/T Commercial Zoning District which does allow for parking lots. In addition, the LDC: allows for off-site parking on Lot 19 under the current RM:F-12 zoning through an off-site parking agreement. Furthermo:'e, septic tanks are deemed an "essential service", therefore, it is allowed in any zoning district. As a result, this PUD amendment has been determined to be consistent with the Golden Gate Master Plan and the FLUE of the Collier County GM?. PLANNING CO~IMISSION RECOi~I1MENDATION: That Petition PUD-90-32 (1) be approved as described by the Ordinance of Ado thereto made a part of this executive summary submission. 3 · t;~,., and Exhibits AG£N DA-ITEJ~ NOV 2, 5 1997 PREPARED BY RAY ~II~LLOWS PRIN~rPAL PLANNER DATE REVIEWED BY: ~O~'ERT J. MULHERE, AICP CURRENT PL~ANNING MANAGER PL~ING SERVICES~P~TMENT DIe'OR ~NCK~T A. CAUT~RO, ~MINI~T~TOR COMMUNITY DEV. AND EN~IRONMENT~ SVCS. DATE DATE DATE PL~-90-32 ( 1 ) EX SUMMARY/RVB/rb 4 NOV 2 5 3997 AGENDA ITEM 7-F TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT 8: ENVIRO~AL SERVICES OCTOBER 3, 1997 PETITION NO: PUD-90-32 (1), ASHLEY'S SERVICE STATION PUD AGENT/APPLICANT: Agent: Ma'. R. Br~ce Anderson 801 Laurel Oak Drive Suite 300 Naples, FL 34108 Mr. Wayne C. Ashley Ashley Service Station, Inc. Route #7, Ellijay, GA 30540 GEOGRAPHIC LOCATION: The subject property is located on the southwest corner of Golden Gate Parkway (CR-886) and 47'~ Street in Section 27, Township 49 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting to amend the Ashley's Service Station Planned Unit Development (PUD) for the purpose of adding Lot 19 to the boundaries of the project; eliminating all service station repair uses and adding a Fast Food Restaurant to the list of permitted uses. pURPOSE/DESCRIPTION OF PROIECT: On December 18, 1990, the Board of County Commissioners approved Ordinance 90-108 establishing the Ashley's Service Station PUD which allowed for convenience administrative office, and a gasoline station that included automotive repair. The petitioner states that the owner has not been able to operate a profitable automotive repair facility at this location and now wishes to eliminate the automotive service repair use and replace it with a fast food restaurant while retaining the convenience store and gasoline pumps. Since the fast food restaurant requires more parking than the automotive repair, the petitioner is incorporating Lot 19 into the PUD. In addition, to improve the traffic circulation around thc drive-~ window, the septic tank and employee parking will be relocated to Lot 19 ss shown ~ the ..A$£~P.X,/~ A - Master Plan. The only uses proposed for Lot 19 are the septic tank and drain field ,~ d pot~nua~ NOV 2 5 1997 i t f a small employee parking area. Lot 19 will be completely landscaped and grassed to provide a buffer from the adjacent residential area to the west and south. SURROIJ'N'DENG LAND USE AND ZOINTNGi Existing Conditions: The subject site is developed with a convenience/gasoline service station and is zoned PUD while Lot 19 is vacant and is zoned RIvI~-12. Surrounding: South: West - Golden Gate Parkway/Golden Gate Community Center;, Zoned: C-1. - 47 Street SW & residential dwellings; Zoned: RMF-12. - 25~ Place SW & residential dwellings; Zoned: RMF-6. - Vacant commercial & Residential; Zoned: C-4 & RMF-12. GROWTFI MANAGEIWENT PLAN CONSISTENCY. The PUD has been dis'tn"ow, ed to the appropriate jurisdiction re~,'iew entities specifically for review of the PUD for consistency with the current growth management plan land development regulations and they fred the following: Future Land Use Element; The subject PUD is designated Activity Center on the Future Land Use Map of the Golden Gate Master Plan while Lot 19 is designated Urban Residential. Since the subject site is located within an Activity Center, the GlVl2:' permits commercial land uses that includes restaurants, convenience stores and gasoline service stations. Based on start'review of the approved land uses, this PUD amendment has been determined to be consistent with the Golden Gate Master Plan. Through the application of the Zoning Re-evaluation process, Lot 19 has retained its residential density of 12 units per acre. However, because Lot 19 is also adjacent to existing commercial, it is eligible for rezoning to the C-lfr Commercial Zoning District which :foes allow for parl&,g lots. In addition, the LDC allows for off-site parking on Lot 19 under the current RMI:-I2 zoning through an off-site parking agreement. Since septic tank~ are deemed an "essential service" it is allowed in any zoning district. As a result, this PUD amendment has been determined to be consistent with the Golden Gate Master Plan and the FLUE of the Collier County GMP. Traffic Circulation Element: The traffic impact review indicates that the proposed amendment will add approximately 200 trips per day over the amount currently generated when the ~ was first rezoncd to PUD. As a result, the proposed amendment doesn't exceed the significance test on any roadway segment within the project's radius of development influence CRDF). In addition, Golden Gate Parkway is currently a 4 lane arterial road fronting the project. The current traffic count for this segment is 14,037 AADT which results in LOS "A" operation. this proposed PUD amendment is consistent with the goals and policies of fig G1 concluded that no level of service standards will be adversely affected by this Appropriate mitigation measures and stipulations will assure that the County's Applicable Elements: Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development pen-aiRed by the approval of th~s petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, NOV 2 5 1997 maintained. Consistency with the goals, objectives and policies of other applicable elements of the GlVI~ and level of service relationships are to be achieved by stipulations and/or development commitments made a par~ of the approval of this development order. HI s'~ ORIC/ARCHAEOLOGICAL I'blPACT: Staffs analysis indicates that thc petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no HistoricaL/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVI'RONM'ENTAL. TRANSPORTATION AND IF,TRASTRUCTURE: The subject petition has been reviewed by the appropriate staff resImnsible for over~ight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Services Division. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. No issues were raised by reviewing staff members that were not resolved or otherwise provided for in the PUD document. Appropriate evaluation of petitions for rezoning should establish a factual basis for ~apportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a function of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning action is ti~at it constitutes a legislative stalrment that authorizes the use of land for a specific development strategY, provided the development of the land can go forward. It may not affect the timing of development because of vabsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based as this applies to added area (i.e. Lot 19). This evaluation is intended to provide an objective, comprehemive overview of the impacts of the proposed land use change, be they positive or negative, culminating in s staff recommend"tion based on tl~t comprehensive overview. The lined criteria ~ ~:~:ifically noted in Section~ 2.7.25 and !ent, and fl'~all 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and cortm be used as the basis for a recommendation of approval or denial by the Plarming the Board of County Commissioner~. Each of the potential impacts or considen during the staff review are listed under each of the criterion noted mad zre categc · ..... ,,r,I I II I I .................. --III -~111 -I ................ I pro or con or not applicable, whichever the case may be, in the opinion of staff. Suit r~view of each of the criterion is followed by a summa~ conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separgte documents and are attached to the staff report. Notwithstanding the above, sgaff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Golden Gate Master Plan. Since the property is located within an Activity Center of the Future Land Use Map to the FLUE to the Golden Gate Master Plan, the existing service station facility with adjacent land uses. Given the urban influence impacting this area, the proposed change is timely in that this land is consistent with requirements of the FLUE to the Golden Gate Master Plan. The change in land use to delete automotive repair and to add fast food restaurants will not change any consistency standard. In addition, through the application of the Zoning Re- evaluation process, Lot 19 has retained its residential density of 12 units per acre. However, because Lot 19 is adjacent to existing commercial, it is eligible for rezoning to the C-l/T Commercial Zoning District which does allow for parking lots. In addition, the LDC allows for off-site parking on Lot 19 under the current RMF-12 zoning through an off-site parking agreement. Since septic tanks are deemed an "essential service" it is allowed in any zoning district. As a result, this PUD amendment has been determined to be consistent with the Golden Gate Master Plan and the FLUE of the Collier County GMP. Lastly, adjacent land use impacts are no different than those in existence under the currently approved development order particularly since land adjacent to the added (lot 19) will be landscaped and buffered. PUD Development Standards - There axe no changes to the development standards that are now in place for this PUD which are similar to other PUD's approved by the County Board of Commissioners. The content of this PUD, and the format it is presented in is similar to the model PUD document developed by staff and one which applicants have been encouraged to utilize. Currently the major portions of the project have been completed. ~P~ - The PUD Master Plan is basically unchanged between the current PUD and that proposed except for relocation of the septic tank to Lot 19. The relocation of the septic tank will allow for a drive-tkrough lane around the building which will improve traffic circulation. The main access points and parking areas remain the same. Lot 19 is located at the southwest end of the PUD and fi'onts on 25" Place SW. This lot is set aside as a septic field and will not be developed with su-uctures. As a result, this PUD amendment essentially does not change internal land use relationships and only minor changes to the circulation pattern. Utility Infrastructure - Water supplies are available to this existing facility. All development must comply with surface water management requirements invoked at the time of site development plan review as the case will be for development of Lot 19. Traffic Circulation and Impact - Staffhas identified the fact that the cha.nge in land use will not have a significant impact on Golden Gate Parkway by virtue of the fact that the automobile trips generated will not exceed 5% of the LOS "C" design capacity. Furthermon[, appreciated that all future development is subject to actions which rrmy be take~ application of the County's Concurrency Management provisions. NOV 2 5 1997 ...................... - .... ... ' ~, ~l llal ...... I I I I I IIII I I I r I I I STAFF RECOM~fENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUD-90-32 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: RAY ~ELLOWS PRINCIPAL PLANNER REVIEWED BY: CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the November 6, 1997 CC'PC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN RVB/rb/STAFF REPORT/PUD-90-32 (l) NOV 5 E}97 FINDINGS FOR PUD PUD-90-32 (1) (For Added Area) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. Re (ii) The extent that location choice is enhanced for commercial environments within the urban area reduces the push on urban sprawl. The subject property is served by an arterial road which is well within the urbanized area working in conjunction with a host of other community services and facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summa~' Finding: Jurisdictional reviews by County staff support the manner and panem of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to ~- .,.-,,,ad,.d ,~r maintained at public expense. -- "-- ),G£~o..a,/Ig¥ NO. ~ Evaluation not applicable. NOV 5 1997 Summary_ Finding: Docments submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con.' (i) None. Summary Finding: The subject petition has been found consi~ent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaffReport. Additional Finding: The subject property is designated Activity Center & Urban Mixed- Use - Urban Residential on the FLUE to the Golden Gate Master Plan. As such it authorizes zoning actions aimed at allowing the land to be used for commercial purposes. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan and the Golden Gate Master Plan. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of Improvements, restrictions on design, and buffering and screening requirements. Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of landscape and buffering. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Evaluation not applicable. Summary Finding: The amount of open space set aside by this PU greater than is currently provided. NOV 2 5 1997 [[[ [ [[I [[[[ [lllllllll [[ [[ [[ [[ [ The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: The subject site is currently developed with a gasoline and convenience station that is currently served by all the required utilities. Con.' None. Summary_ Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. The ability of the subject property and of surrounding areas to accommodate expansion. Evaluation not applicable. Summa~ Findingl Ability, as applied in this context, implies supporting infi'astructure such as wastewater disposal system, potable water supplies, characteristics of the proper~y relative to hazards, and capacity, of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, development of the subject property is timely, because supporting infrastructure; is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, b~sed on determination that such modifications are Justified as meeting public purFoses to a degree nt least equivalent to Hteral application of such regulations. Pro: The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. Con'. None. Summary_ Finding: This finding essentially r~uh'es ~n evaluation of the extent to which development standards proposed for this PUD dc-part fi'om development s'ta~dards that would be requked for the most similar conventional zon~g district. FINDINGS FOR PUD-90-32 (1)/~.VB/rb AG£N 0~, IT.,EM _ NOV 5 1997 REZONE FINDINGS PETITION PUD-90-32 (1) Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioner~ shall show that the Planning 'Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of the Growth Management Plan. Pro: Development Orders deemed consistent with all applicable elements of the Golden Gate Master Plan and GM3:' should be considered a positive relationship. ~ None Summary_ Findings: The proposed development is in compliance with the Future land Use Element of the Golden Gate Master Plan. The existing land use pattern; Fro: There is an existing gasoline and convenience building on site and is adjacent to C-4 zoned property to the west. .C. alill The properties to the east and south are residential and are currently zoned R.MI:-6 and RMF-12. Summary_ Findings: Evaluation not applicable. The possible creation of an isolated district unrelated to adjacent and nearby districts; pro: The proposed addition of Lot 19 can be considered an extension of the existing commercial PUD zoned property which is also within an Activity Center. Evaluation not applicable. Summary. Finding: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is an extension of the existing PUD district which is adjacent to C4 zoned property to the west. Therefore, this petition is :onsist~ftgfl4~h ,e expected land uses by virtue of its location within an Activity Center on Master Plan. 1997 Whether existing district boundaries are illogic~lly, dr~w~ fm ~ m ~ conditions on the property proposed for change. Pro.' The district boundaries are logically drawn and they ar~ ~ with the Gokl(m Gate Master Plan and the GMP. Con'. None. Summary_ Findings: Adjacent land to the west is zoned C4 while the property to the east is zoned as the Ashley's Service Station PUD. If approved this action would serve to expand the PUD uses to allow for a fast food restaurant. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the service station and because of the property's relationship to the FLUE (Future Land Use Element of the Golden Gate Master Plan) is a positive one. Con.' None. Summary_ Findings: Consistent with the Golden Gate Master Plan. Whether the proposed change will adversely Influence living conditions in the neighborhood; Pro; (i) Adjacent properties to the northwest are zoned C4 and contain a variety of retail uses. The property to the north across Golden Gate Parkway is currently zoned C-1. Lot 19 will be part oran existing commercial PUD which is located within an activity center. By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to additional commercial uses similar to the existing PUD zoning district. (ii) Recommended mitigation actions made a condition of approval will go a long way towards off-setting, any potential adverse influences on the residential community lying ~uth and southwest of the project. ~ (i) Expansion of the commercial area could cause inereasex noise and n'affic impacts on the residences to the south. However, due to the site and the proposed landscape area, the proposed fa~ should not adversely impact the adjacent properties. 2 t the srn~l size of / NOV251997 L Summary_ Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on an adjacent future residential e 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. Pro.' (i) An action to rezone the property as requested is consistent with all applicable traffic circulation policies. (ii) The property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic from this proposed fast food restaurant would be defused. Con-. (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the medical office. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account thc requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising tha this project when developed will not excessively increase traffic congestion. In the final analysis all rezone actions are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro.- (i) The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con.' (i) Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. NOV 2 5 1997 3 ,,,. !'7 Summa~' Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro; The proposed change conforms to the development standards of the PUD zoning district which are designed to protect the circulation of light and air to adjacent areas. Con'. None. Summary_ Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open ~ace requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro.' Typically urban intensification increases the value of contiguous underutilized land. Con'. None. Summary Findings; This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement development of adjacent property in accordance with existing regulations; Evaluation not applicable. Summary_ Findings; the zoning division of the LDC is that their sound application when co administrative site development plan approval process, gives reasonable change in zoning will not result in a deterrence to improvement of adjac¢ or '~t prope~y. NOV g 1997 The basic premise underlying all of the development standards in 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Evaluation not applicable. Summary_ Findings: The proposed PUD amendment complies with the Growth Management Plan, a public policy statement supporting Zoning actions when th~ are consistent with said Golden Gate Master 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 am in the public interest. 13. Whether there are substantial reasons why the property cannot be used In accordance with existing zoning; Evaluation not applicable. Summary_ Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Golden Gate Master Plan. 14. Whether the change suggested Is out of scale with the needs of the neighborhood or the County; pro: The proposed change in use to replace automotive repair with a fast food restaurant complies with the Golden Gate Master Plan. In addition, the fast food use will take place within the existing building. .CltlI;. Evaluation not applicable. Summary. Findings: A policy statement which has evaluated the scale and intensity of land uses wkich are deemed to be acceptable for this site. 15. Whether is It Impossible to find other adequate sites in the County for the proposed use In districts already permitting such use. P.r..o2Kllnl Evaluation not applicable. Summary Finding: There are many sites which are zoned to ~ proposed-me. This is not the determining factor when evaluating the app 5 rezoning decision. The determinants of zoning are consistency with all elements of the GMS, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. Evaluation not applicable. Summary_ Finding_s; Physical alteration is a product of developing vacant land (Lot 19) which cannot be avoided. Since the fast food restaurant will occupy space within the existing building, there will be only minor site alteration resulting from the relocation of the septic t~u~< and employee parking onto Lot 19. 17. R~...ZON£ 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, Evaluation not applicable. ~;urnma~' Finding_s: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. FINDINGS PUD-~-32 (I)/RVB/rb COLLIER COUNTY APPLICATION FOR PUD REZONE PZTITIO NO. p 9 0 '3 COORDINATING PLA/TNER: ~-~0~ ~~Ou.~ D~T~ APPLICANT NAKE (AGENT):R. Bruce Anderson, Ese. PHONE z~97-2814 APPLICANT ADDRESS:801 Laurel Oak Drive. Suite 300, Naples 34108 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*zAshlev Service Station, Inc.. Rt#7. Elli4av. GA 3054Q PHONE:(706)$36-1499 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: ~7 TOWNSHIP: 495 RA~E: 26E LoD$ ~, 16, 17, 18 and 19. Block 84. Golden Gate City, Unit 3. ~ccordinc to the Plat thereof, in Pla= Book 5. a= Pace 104, of the ~ubliq R~cords of Collier County, Florida and that portion of vacated alley lvin- b~ween Lots 15. 16, 17, 18 and 19 described and r~or4ed in 0,R. Book 1583. Pace 447. et sec.. Official Records of Collier County. Florida and that portion of Lot 14. Block 84. Golden Gate City, Unit 3. as sub4ect to and incorooratinc the 9asements as described in O.R. Book 1583. Pace 447. et sec~ PROPERTY I.D. #:~5984360006 SIZE OF PROPERTY: %1 acre GENERAL LOCATION OF SUBJECT PROPERTY: South side of Golden Gate Parkway oD the wesD side of 47th S~reet SW and on north side of 25th Place Sw, ADJACENT ZONING ARD LARD USE ZONING N C1 S RMF- 6 RMF-12 C-4/RMF-12 E LAND USE Golden Gate Community Center 25th Place SW & Residential Dwellinas 47th Street SW & Residential DwellinGs Vacant / Residential DwellinGs EXISTING ZONING: pUD and RMF-12 PROPOSED LAND USE OR RANGE OF USES~ $~rvice Station Without Repairs, Convenience Store and Fast Food Restaurant DOES PROPERTY OW~rER OWN CONTIGUOUS PROPERTY TO THE SUBJECT PROPERTY? IF SO, GIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: ~Q HAS A PUBLIC HEARING FOR A REZONE BEENHELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PLEASE W~ITE THE REZONE APPLICATION NO. IS THIS PROPERTY CURRENTLY VACANT? ~ YES ~ NO. IF THEANSWER IS NO, PLF~kSE DESCRIBE THE CIIRRENT LARD USE AND ALL EXISTING STRUCTURES. The property currently zoned PUD (Lots 15-18 and Dor~on of Lot 14) is improved with a service station and convenience store in accord with the PUD document, except that a third service repair bay authorized w~$ not constructed and this buildable area will be eliminated as well as all auto repair uses. Lot 19 is unimproved. SIGNATURE OF PETITIONER OR AGENT I, Wayne C. Ashley, being first duly sworn, depose and say that I am the of the property described herein and which is the subject matter of the )roposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementarY matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. ATURE {)F AGE1TT SWORN TO AND SUBSCRIBED BEFORE ME THIS ~/)~AY OF 1997. Notary Public (SEAL) 2,aahle¥\amer~.aP~ My Commission expires: -3- ORDINANCE 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9627N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" ARD ~RMF-12" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S SERVICE STATION-GOLDEN GATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY, IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1 ACRE, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-108, AS AMENDED, THE FORMER ASHLEY'S SERVICE STATION-GOLDEN GATE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley Service Station, Inc., petitioned the Board of County Ccr~.issioners to change the zoning classification of the herein described real property; NOW THEREFORE BE iT ORdAiNED BY THE BOARD OF COUNTY COMMISSIO~ERS OF COLLIER COUNTY, FLORIDA; SECTIOn: The Zoning Classification of the herein described real property located in Section 27, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" and ~RMF-12" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibi~ "A", which is incorpora:ed herein and by reference made part hereof. The Official Zoning Atlas Map nur~ered 9627N, as described in ordinance Nur~er 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 90-108, as amended, known as the Ashley's Service Station-Golden Gate PUD, adopted on Decer~er 18, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. FIOV 5 1997 SECTION THEE: This Ordinance shall become effective upon filing with the Department of State. PASSED ;tND DULY Al)OPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. ATTEST: BO;U~D OF COUNTY CC~ISSIONE~S DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA A~Dproved as to Forth and Legal Sufficiency Mar~brie M. Student Assistant County Attorney BY: TIMOTHY L. HANCOCK, Chairman -2- ASHLEY'S SERVICE STATION-GOLDEN GATE A PLANNED UNIT DEVELOPMENT ORIGINALLY APPROVED DECEMBER, 1990 SUBMITTED BY: YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 (941) 597-2814 DATE FILED DATE REVISED, DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER ~0¥ 2 5 1997 SECTION I STATEMENT OF COMPLIANCE .................... I SECTION II SECTION IH SECTION IV SECTION V EXHIBIT A COMPLIANCE STATEMENT ...................... 1 SHORT TITLE ................................ 1 PROPERTY OWNERSHIP AND GENERAL DESCRIPTION . · · 1 INTRODUCTION AND PURPOSE ................... 1 LEGAL DESCRIPTION .......................... 2 PROPERTY OWNERSHIP ......................... '- GENERAL DESCRIPTION OF PROPERTY AREA ......... 2 PHYSICAL DESCRIlrHON ........................ 2 PROJECT DEVELOPMENT REGULATIONS ............. 3 INTRODUCTION .............................. 3 GENERAL INFORMATION ........................ 3 PROJECT PLAN ' . ....... 3 EASEMENTS FOR UTILITIES ...................... 3 PROJECT PLAN APPROVAL REQUIREMENTS .......... 4 SIGNS ..................................... 4 LANDSCAPING FOR OFF-STREET PARKING AREAS ...... 4 LAND USE REGULATIONS ....................... 5 PURPOSE ................................... 5 GENERAL DESCRIPTION ........................ 5 PERMITTED USES AND STRUCTURES ............... 5 ACCESSORY STRUCTURES ....................... 5 DEVELOPMENT STANDARDS ..................... 5 DEVELOPMENT COMMITMENTS ................... ? PURPOSE ................................... 7 GENERAL ................................... 7 PUD MASTER PLAN ............................ 8 TRANSPORTATION AND ENGINEERING .............. 8 UTILITIES .................................. 9 WATER MANAGEMENT ......................... 10 ENVIRONMENTAL ............................. I0 Planned Unit Development Master Plan ^G£¥~ gr.,u.,\ NOV 2 5 1997 1.1 SECTION I STATEMENT OF COMPLIANCE COMPLIANCE STATEMENT The development of approximately one (1) acre site in Golden Gate City, Collier County, as a Planned UvJt Development to be known 'as ASHLEY'S SERVICE STATION- GOLDEN GATE will be in compliance with the planning goals and objectives of Collier County as set forth in its Collier County Comprehensive Plan and Golden Gate Area Master Plan. The commercial development of ASHLEY'S SERVICE STATION- GOLDEN GATE will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: Co Do Eo The property is an approved and improved PUD with gasoline station and convenience store uses as originally approved in Ordinance No. 90-108. The PUD is designated as Activity Center in the Golden Gate Area Master Plan which permits the full array of commercial uses. The drainfield use on Lot 19 is an "essential service" that is allowed in any zoning district. The employee parking proposed on Lot 19 is allowable under the existing RMF-12 zoning through approval of an off-site parking agreement. Additionally, Lot 19 meets the Commercial Under Criteria requirements for C-IT zoning which allows parking lots as a permitted use. The intensities of uses authorized under the existing zoning ('PUD and RMF-12) will be decreased by the elimination of service station repair uses, elimination of an authorized third service/repair bay and conversion of the two existing bays into a small fast food restaurant, and elimination of two dwelling units and associated density on the RMF-12 lot. The project development is compatible and complementary to the surrounding land uses. Planned improvements will comply with applicable regulations. The project development will result in efficient and economical expansion of community facilities and services. NOV 5 1997 1.2 ~HORT TITLE This Ordinanc~ shall be known and cited as GOLDEN GATE'. 'ASHLEY'S SERVICE STATION- 2.1 2.2 SECTION H PROPERTY OWNERSHIP AND GENERAL DESCRIPTION INTRODUCTION AND PURPOSE It is the purpose of this Section to express the intent of the Ashley Service Stations, Inc., hereinafter referred to as the "Developer". The Developer plans to incorporate a fast food restaurant within the existing gasoline station/convenience store building on approxknately one (1) acre. The subject property is located on the southwest comer of the intersection of Golden Gate Parkway and 47th Street SW. It is the purpose of this document to establish the standards and guidelines for the future development of the property along with other information required in accordance with the Collier County PUD Ordinance. LEGAL DESCRIPTION The subject property being approximately 1 acre, is described as: Lots 15, 16, 17, 18 and 19, Block 84, Golden Gate City, Unit 3, according to the plat thereof, in Plat Book 5, at Page 104, of the Public Records of Collier County, Florida and that portion of vacated alley lying between Lots 15, 16, 17, 18 and 19 described and recorded in O.R. Book 1583, Page 447, et seq., Official Records of Collier County, Florida and that portion of Lot 14, Block 84, Golden Gate City, Unit 3, as subject to and incorporating the easements as described in O.R. Book 1583, Page 447, et seq. 2.3 2.4 pROPERTY OWNERSHIP The subject property is currently owned by Ashley Service Stations, Inc. G_ENERAL DESCRIPTION OF PROPERTY AREA 2 )40V 5 1997 2.5 3.1 3.2 3.3 Bo Proiect Site. The project site is located in Section 27, Township 49 South, Range 26 East, Collier County, Florida. It is located at the southwest corner of the intersection of Golden Gate P~rk'way and 47th Street SW in Golden Gat~ City. Zoning Classification. All of the property, except Lot 19 is currently zoned PUD, and Lot 19 is currently zoned RMF-12. pHYSICAL DESCRIPTION: Except for Lot 19, which is largely cleared the property, is improved with structures as depicted in Exhibit "A", PUD Master Plan. SECTION Ill PROJECT DEVELOPMENT REGUlaTIONS INTRODUCTION It is the Developer's intention to develop the site as a gasoline station with sales of convenience items, fast food restaurant and administrative offices. GENERAl,, INFORMATION ho ~. Regulations for development of ASHLEY'S SERVICE STATION- GOLDEN GATE shall be in accordance with the contents of this document, PUD and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Bo ~. Unless otherwise noted, the del'tuitions of all terms shall be the same as the del'tuitions set forth in the Collier County Land Development Code in effect at the time of building permit application. Conditions and Restrictions. All conditions imposed and all graphic material presented depicting restrictions for the development of ASHLEY'S SERVICE STATION-GOLDEN GATE shall become part of the regulations which govern the manner in which the PUD site may be developed. PROIECT PLAN Ao Proiect Master Plan. The project Master Plan, including layout of the main building and accessory structures on site is illustrated graphically by Exhibit "A", "ASHLEY'S SERVICE STATION-GOLDEN GATE Master Development Plan". The configuration of the site is illustrated by Exl'fibit "A". "°. NOV 2 5 1997 3.4 3.5 Bo Land Use. The existing and intended land uses and types of coverage onsite including impervious, landscaping, open space, parking, attendant information and the arrangement of the above elements is shown on Exhibit "A", PUD Master Plan. EASI~MENTS FOR UTILITIES Easements have been provided for electric, water, telephone and other utilities. PROTECT PLAN APPROVAL ~OUIREMENTS When site plan approval is required by this document, the following procedure shall be followed: }teQuest for Site Plan Awroval. This PUD ordinance applies for rezoning purposes only. A written request for site plan approval shall be submitted to the Planning Services Manager for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas; yards and other open spaces. 2. Plans showing proposed locations for utilities hook-up. 3. Plans for screening and buffering. Plans for proposed signs and lighting. Fees,. A fee consistent with the current fee schedule for Conceptual Site Development Plan approval shall accompany the application. Co Construction of Sidewalk. The Developer has constructed a sidewalk on the east side of 47th Street, S.W. from Golden Gate Parkway to 25th Place. Easement. The Developer has previously provided a sidewalk easement along the east side of the Developer's property to allow for construction of a future sidewalk. 4 NOV 5 3.6 3.7 All signs shall be/n accordance with the Collier County Ordinance regulating siEnaE¢ in effect at the time of building permit application. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping shall be in accordance with the Collier County Ordinance regulating landscaping for off-street parking in effect at the time of building permit application. 4.I 4.2 4.3 SECTION IV LAND USE REGULATIONS PURPOSE The purpose of this Section is to set forth the regulations which shall apply to the ASHLEY'S SERVICE STATION-GOLDEN GATE. G_Q~N ERAL DESCRIPTION The entire site shall be developed as a service gasoline station with a mini-man, with sales of convenience items, administrative office, service bays, a canopy area with gas pumps underneath and an area for water and air amenities. PERMrI'rED USF..S AND STRUCTURES A. Permitted Principal Uses and Structures: 1. Gasoline station without repairs. 2. Administrative office. 3. Convenience Store - Mini-Man 4. Fast Food Restaurant. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including gas pumps, canopies, air and water facility, and drive through facility for fast food restaurant. 2. Signs. 5 .o. NOV 2 5 1997 4.4 ACCESSORY STRUCTURES 4.5 Accessory structures will be constructed simultaneously with the principal structure. ~EVELOPMENT STANDARDS A. Lot Size - Minimum Eighteen Thousand (18.000) S~are Feet: Minimum Frontage: An automobile service station shall not be located on a lot with less than one hundred fifty (150) feet frontage on a dedicated street or highway. 2. Minimum Depth: One hundred twenty (120) feet. B. Minimum Yards: 1. Principal Structure Front yard setback - 39 feet. Side yard setback - 44 feet. Rear yard setback - N/A. 2. Canopy Front yard setback - 31 feet. Side yard setback - 7 feet. Rear yard setback - N/A. 1. i~.l:~g.L.T~: Storage tanks shall be located below grade. LJghlJllg: All lights and lighting for the automobile service station shall be designated and arranged so that no source of light shall be visible from any residential district. No part of any light structure shall protrude beyond property lines. Location of Structures. Pumps. etc: The gasoline pumps and pump island shall be located no closer than thirty (30) feet to the street property lines and shall be located no closer than twenty-three (23) feet to any side property line. Free standing vents are not permitted. 6 NOV 5 1997 PI- ~ 0 10. Fence ReQuirements: All outside trash areas shall be enclosed on all sides by a five (5) foot high decorative fence or wall which shall conform to all fence setback regulations. All walls and buildings shall be protected by a barrier to prevent vehicles from contacting the wall. Outside Display of Products: Petroleum products in cans and windshield wiper blades may be displayed outside the service station building in the standard racks provided for such display, provided such racks shall not be placed closer to a street line than the pump island. There shall be no outside display or stacking of other merchandise. Trash Facilifiel;: Adequate, completely enclosed trash storage facilities shall be provided on the site. Veh.i~le Salel;: There shall be no vehicle sales conducted on the premises. Drainage: The entire project, excluding the area occupied by a building, shall be properly drained and hard surfaced with concrete or plant-mixed bituminous material, except for the required landscaped areas and Lot 19. parking Areal;: Parking areas will conform to the provisions of the Collier County Land Development Code. Landscaping: Landscaping and buffering shall comply with the landscaping and buffering requirements of the Collier County Land Development Code, except that due to existing conditions, a six (6) foot landscape buffer shall be provided adjacent to Lot 14. 5.1 5.2 SECTION V DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of ASHLEY'S SERVICE STATION-GOLDEN GATE. GENERAL All facilities shall be constructed in strict accordance with approved Final Site Development Plans, and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. The NOV 5 1997 5.3 5.4 Developer, his successor and assigns shall be responsible for the commitments outlined in the document. The Developer, his successor or assignee agrees to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to ha the rezoning of the property. In addition any successor or assignee in title is subject to any commitments within this agreement. The entity responsible for maintenance of the surface water management system, utilities on site and proposed access easement to the alley shall be identified prior to Site Development Plan approval. PUD MASTER PLAN Ao Site Alterations. Exhibit "A", ASHLEY'S SERVICE STATION-GOLDEN GATE PUD MASTER PLAN illustrates the proposed development. Changes and amendments to the Master Plan shall be made in accordance with the Collier County Land Development Code as may be amended subsequent to the adoption of the subject PUD. Bo Easements and Dedications. All necessary easements, dedications, or other instruments have been granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. TRANSPORTATION AND ENGINEERING ho $ile Work. All clearing, grading, earthwork and site drainage work shall be performed in accordance with all applicable State and Local Codes. Traffic Access. The Developer agrees to pay for that portion of the costs of a deceleration lane, if required, and as necessitated by construction of the service station facilities. Co Road Impact Fees. The Developer, his successor or assign; shall be responsible for the payment of all road impact fees subject to the Ordinance provisions. Traffic Impact Statement. A traffic impact study had been waived by Collier County Transportation Service Department as long as the Developer agrees to pay the road and impact fees associated with the project. Right 'rum Lanes. The Developer shall provide a right tom lane on Golden Gate Parkway at the project entrance and the project entrance shall be right-in right- out. The entrance shall be marked by right turn arrows for right-in, right-out only and shall be divided by a traffic island. 8 NO. ~ NOV g 1997 5.5 5.6 Ho Impact Fee Credits Disallowed. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. Road Impact Feel;. The road impact fee shall be as set foruh in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. County Right-Of-Way. Work within Collier County fight-of-way shall meet the requirements of Collier County right-of-way Ordinance No. 82-91. Detailed construction plans for any required improvements in the right-of-way shall be provided prior to Site Development PIan approval. UTILIT[F_~ Connections t9 Water Facilities. Connection to the existing water facilities within 47th Street S.W. rights-of-way has been completed. Bo Septic Syster~. In the final site plan and supporting engineering construction drawings and location, configuration and size of the septic system shall be illustrated. The septic system as shown shall be designed in conformance with Chapter 10D-6 of the Florida Administrative Code. Installation of septic tank is subject to the Health Department approval. Other Utilities. Telephone and electricity service is available on site and hook up has been completed. WATER MANAGEMENT ho Site Drainage. Detailed site drainage plans shall be submitted to Engineering Review Services for review during the SDP review process. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. Bo Water Management Plan. A detailed water management plan and supporting calculations signed and sealed by a professional engineer shall be provided with the SDP submittal. Review BY Proiect Review Services. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 9 I OV 5.7 Do Subdivision Re~lations. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. ENVIRONMENTAL Ao d],,AD...~;!.~LO.~. Landscaping requirements shall be in accord with Section 4.5 C 10 of the PUD. The cabbage palms existing adjacent to Golden Gate Parkway will be relocated and transplanted elsewhere within the property. Bo Archeolo~zical and Historic Surveys. If during the course of site clearing, excavation, or other construction activitics, an archeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Planning Services Department notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department or a designated consultant to assess the discovery and to determine the proper course of action in regard to its salvageability. The Planning Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 10 "o. I'lOV g 5 1997 I : I EXHIBIT "A" EXECUTIVE SUMMARY PETITION CCSL-97-3, HARRY HUBER, FROM THE OFFICE OF CAPITAL PROJECTS MANAGEMENT, REPRESENTING THE COLLIER COUNTY BOARD OF COUNTY COM]H]SSIONERS, REQUESTS A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR MAINTENANCE DREDGING OF WIGGINS PASS AND TO PLACE BEACIt COMPATIBLE SAND ON THE BEACH AT LELY BAREFOOT BEACH AND DELNOR WIGGINS PASS STATE RECREATION AREAS. The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately fifteen hundred (1500) feet to dredge the channel at Wiggins Pass and of approximately five hundred (500) feet to place beach compatible sand, obtained from dredgin,g the Pass, on the beach at Lely Barefoot Beach and Delnor Wiggins Pass State Recreation Areas. CONSIDERATIONS: The project will restore the inlet navigation channel at Wiggins Pass and nourish two adjacent beach sites. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amended. FISCAL IMPACT: Total expenditures for Wiggins Pass maintenance dredging is estimated at $448,500. A total of $440,600 would be funded from the Wiggins Pass Dredging capital budget and 00 would be funded from the Wiggins Pass Dredging operating budget in the Tourist $7,9 ..... Development Councd Fund, W~ggtns Pass Dredging ProJect (195-110420-80226). GROWTH MANAGEMENT IMPACT: OBJECTIVE ( CONSERVATION AND COASTAL MANAGEMENT ELEMENT) AGENDA c,c NO¥ 2 5 997 t Pg. , 11.2 The county shall continue to insure that access to beaches, shores and waterways remain available to the public and by December 31, 1992 develop a program to expand the availability of such access and a method to fund its acquisition. OBJECI'IVE ( CONSERVATION AND COASTAL MA]qAGE~ ELEMElq~ 11.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary esfablishing construction standards which will minimize the impact of manmade structures on the beth and dune systems. POLICY 11.5.11 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. HiSTORIC/ARCHAEOLOGICAL IMPA(Tr:. Staff's analysis indicates that the subject property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. IRECOMMENDATION: Staff recommends approval of Petition No. CCSL-97-3 subject to the following stipulations: '1. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDE?), Division of Beaches and Shores, and an approved FDEP permit shall be obtained, and copies provided, prior to the start of construction. 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. If it is necessary for vehicles to be on the beach during construction, a Collier County Vehicle on the Beach Permit shall be required, subject to rtwiew and approval by Current Planning Environmental Staff. Vehicle on the Beach Permits will not be issued during sea turtle nesting season per Collier County Land Development Code Section 3.14.6. 4. In th~ event protected species, burrows or nests are encountered during o ~u ugt~itl~o~kv~ 't shall cease, and Current Planning Environmental Staff shall be contacted im nediat~y~ NOV 2 5 1997 Petitioner shall notify Current Planning Environmental Staff one week prior to commenc~,g work seaward of thc CCSL and shall again contact Staff within one week following completion of work r, eaward of the CCSL. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Conu'ol Line. Minor revisions to Coastal Construction Setback Line Variance CCSL-97-3 may be approved, in writing, by the Planning Services Director or his/her designee. PREPARED BY: STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST H CURRE~ PLANNING SECTION DATE REVIE~VED BY: ~OBfiRT J. MULHERE, AICP, MANAGER CURRE~ PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR PL~A~G SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR DATE DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION executive summary/CCSL-97-3 3 140¥ 2 5 1997 P~$OLL'T~ON NO.~-~ 6. 7. 8. RESOLUTION APPROVING 'WITH CONDITIONS P£ ! ! I zON CCSL-97-3, KEQL'~STI~G A VARIANC£ I'ROM ~ COASTAL CONSTRUCTION SETBACK LL-N~ TO ALLOW FOR M,MNTKNAHCE DP.,EDGtNG OF WIGGINS PASS AND FOR ~ PLACEM3EN'T OF BEACH COMI~ATI~BLE SAND ON ~ BEACH AT LELY BAREFOOT BEACH AND DELNOR WIGGLNS PASS STATE REC'R~ATION AR. gAS. 9. W]~E~S, Hsrry Hube~. from t~e Conie~ Co~a'ty Office of ~:al ~1~ 1 l. Coasal Co~cn~ ~ack L~ (CCSLI u ~d by Colli~ C~ ~ce No. 91.102. 12. D~vmon 3.13, ~ ~dcd m allow for ~m~e ~dgml of W:~g~ Pus ~ 1o 13. ~acb co~anblc ~ o~d ~ ~m~cc ~cdgm8, on ~c ~ach at Lely B~f~ 14 Beach ~d ~ W~IB~ P~s S~ Re.canon ~ ~award of~e CCSL: ~d 15. 16 %~E~AS. ~edlml of ~e c~el fm Wsggms Pass wall ex~ ~ m a~°x~lY fi~ 17. hunted (15~) feel ~aw~d of~e a~d CCSL; ~d 19 ~E~AS. ~d d~s~ed on ~c ~acb wall ext~ ~ to a~ox~lely five h~ (~) fc~ 20 ~sard of~e ad. ed CCSL; ~ 21 22 ~E~S. ~ ~ a c~m~t ~ ~ Colh~ C~ L~d ~e~t C~. 23 3 2~ 25 ~E~S. ~c ~oa u com~t ~ ~c Coll~ C~ Gro~ M~g~ P~ - 26 Co~on ~ ~al M~l~t EI~c 2~. 28. NOW. ~FO~. BE ~ ~OL~D BY ~ BOA~ OF CO~ CO~I~IO~ 29. OF COLL~ COb~. ~O~a, ~t Vm ~o~ CCSL-9?-B ~ ~o~ ~0. ~ follo~$ 31. 34. approved ]:'DEP ix'mm ~ be obnmed, az~d copras prav-~ed, prior to ~ 2. C°~u~'non acnvmes shall n°t °ccu~ within °ne hundred (100) fe~ °f 36. zm~. defined by Colhrr Co~m~ [;nd Deat~lopmem Co<~, Division 3. I0, 2, 5 1997 T~:s Rcsolunon adeptcd aflct motion. Kcond and majority vote favoring same. DO.";'E A.~'D OR.DER. ED t.~s.~day of .1997. ~6 ~9 60 61. ATT[ST: 62. DW'1GHT E. BROCIC Clerk 63. 6~. A~vcd u to Fo~ ~d Lcgal ~. Su~i~cy: 67. ~' '~~__~ 68. ~cidi Asbton 69. ~s~t Co~ A~o~ey 70. ~ 1. ccst-97-3 BOARD OF COb,'~TY CO~,L'~ISSIO,~T. RS COLLrER COLrNTY. FLORE)A BY: T'D40~ L. HANCOC1C Cl~irman NOV 2 5 1997 EXECUTIVE SUMMARY PETITION NO. CU-97-23, GEOFFREY O. PURSE, REPRESENTING FA/TH CONg, gZNITY CHURCH REQUESTING CONDITIONAL USE "1" OF THE "E" ESTATES ZONING DISTRICT FOR A CHURCH, FOR PROPERTY LOCATED AT 22~ AVENUE, NW AND OAKES BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOKIDA, CONSISTING OF 4.99 ACKES. OBJ~CFIV~: This petition seeks approval of a conditional use for a church. CONSIDERATIONS: The property fronts upon the north side of 22~ Avenue NW just west of Oakes Boulevard and contiguous the east side of the Activity Center located on the SE quadrant of Immokalee Road and 1- 75. The site and its relationship to Oakes Boulevard and nearby residences is illustrated on drawings contained within the staff report. The Future Land Use Element to the Grovah Management Plan and to the Golden Gate Area Master Plan sets out special conditions which must be present in order to deem a church conditional use to be consistent with the FLUE. The thread that ties this petition to a finding of consistency with the condition precedent to approving a conditional use is the requirement that the subject property share a common boundary with property that is zoned commercial, is less than five (5) acres (4.99 ac.) in size and therefore qualifies as a Transitional Conditional Use. The FLUE further provides that churches may be allowed in the "Estates" district as a Conditional Use. The subject property has part of a boundary contiguous to a commercially zoned property and is therefore technically consistent with the FLUE. Relative to other consistency relationships with applicable elements of the GMP staff opines that this petition if approved would be consistent with applicable elements of the GMP and in particular the significance test standard for traffic impact. Conditional uses require a finding of fact based on specific criteria outlined in the LDC. The more abbreviated finding of fact for the Planning Commission is made part of the draft resolution for adoption. These findings support an action to approve the conditional use. Staff's evaluation of said LDC criteria also supports a recommendation for approval. The Cotlier County Planning Commission heard this petition at their public hearing of November 6, 1997. They unanimously (9 to 0) recommended approval. No person spoke or otherwise communicated any level of objection to this petition. No.l~ NOV 2 5 1997 FISCAL 12VIPACT: This amendment by and of itself will have no fiscal impact on the County. However, ii'this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds fi-om other revenue sources in order to build needed facilities. GROWT~ MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from the adoption of this petition. Deve!opmcn: permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building pen'nit issuanc~ applicable to this development. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's anflysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition No. CU-97-23 for Conditional Use 'I", being a church, of the "E" Estates zoning district be approved subject to the conditions outlined in the draft Resolution for Adoption and Exhibits tfi eto. RONALD F. NINO, AICP CItlEF PLANNER 2 DATE NO. ~ NOV 2 5 1997 REVIEWED BY: RO~BEI~.F J. ~IULHERE, AICP CUP. A~ENT PLANNING ~AGER DONALD W. ARNOLD, AICP ~NCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE CU-97-23 EX SUMMARY/pd 3 NOV ,~ 5 1997' MEMORANDUM AGENDA ITEM 7-J TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DMSION October 09, 1997 PETITION NO: CU-97-23 FAITH COMA4UN1TY CHURCH OWNER/AGENT: Agent: Mr. Geoffrey G. Purse, P.E. Purse Associates, Inc. 4450 Bonita Beach Road, Unit 9 Naples, Florida 34134 Owller: Mr. Robert S. Hardy 3000 Immokalee Road, Suite 2 Naples, Florida 34110 Contract Purchas,r: Faith Community Church 3000 Immokalee Road, Suite 2 Naples, Florida 34110 BEOUESTED ACTION: This petition seeks approval of a Conditional Use for a church in the "E" Estates zoning district. GEOGRAPHIC LOCATION: The property fronts upon the north side of 22'~ Avmue N.W. just west of Oaks Boulevard and contiguous the east side of the Activity Center located on the S.E. quadrant of Immokalee Road and 1- 75 (See illustration follow/ng page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of this Conditional Use petition is to provide for the construction of a church and related activities. SURROUNDING LAND USE AND ZONING: Existing: The property is vacant and zon, is timber located in the Estate defined in the Golden Gate Mas~ 1 AGE Subdivision as~ 2 5 1997 Surrounding: Prop~ty to the north, east and south is zoned "E" Estates. Two single family residences are located adjacent to a portion of the subject prop~y. To the west the land is vacant and zoned Commercial. A portion of the Brentwood PUD is contiguous a portion of the west boundary, otherwise the west bourldary is adjacent agriculturally zoned property. Existing land uses are further described in the illustration exhibited to the left hand column. GROWTH MANAGEMI~NT PLAN CONSISTENCY: The Future Land Use Element to the Growth Management Plan and to the Golden Gate Ar~ Master Plan sets out special conditions which must be present in order to deem a church conditional use to be consistent with the FLUE. The thread that ties this petition to a finding of consistency with the condition precedent to approving a conditional use is the requirernent that the subject property share a common boundary with property that is zoned commercial, is less than five (5) acres (4.99 ac.) in size and therefore qualifies as a Transitional Conditional Use. The FLUE further provides that churches may be allowed in the Estates district as a Conditional Use. The subject property has part of a boundary contiguous to a commercially zoned property and is therefore technically consistent with the FLU'E. Relative to other consistency relationships with applicable elements of the GMP we would advise as follows: Traffic Circulation Eler~¢nt - Based on a church membership of two hundred (200) persons, approximately 125 automobile trips will be generated on your typical in-season Sunday church service occasion. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Oaks Boulevard. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RI)I). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Oaks Boulevard as a 2 lane collector road. The current traffic count indicates that the road is operating at LOS "C". It should be noted that this road segment within the project's RDI is not projected to be deficient within the next five years. Therefore no road improvement to 4 lane this segment is required for concurrency purposes. Therefore, this petition complies ~ ..... ;*~ ~,.a;,.~,~_a~.¥~A,_~/~ a ~,a 1.4 of the TCE. No. ~ NOV 2 5 1997 P~. ~ Coastal Conservation Element - Preservation of protected flora and fauna is typically a function of subsequent permitting functions. Approval of the conditional use does not obviate any requirement of the LDC relative to preserving natural vegetation, which is reflected in the Resolution to approve the conditional use if that is the BZA's action. ~ - Private methods of dealing with sanitary sewage and potable water is allowed in the Estates area. Surface water management planning and implementation must satisfy Collier County requirements which are dealt with at the time of required final site development plan approval. Given the above findings this petition if approved would be consistent with the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. An application for waiver of an historical and architectural survey was filed and approved. EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. This petition was reviewed administratively on behalf of the EAB. Staff recommendations for approval are included in the Resolution for Adoption. CRITERIA EVALUATION: The Current Planning Staff has coordhnated a comprehensive evaluation of this land use petition and the criteria on which favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or cons the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. a. Consistency with this Code and Growth Management Plan. Pro: A development order approval that is consistent with applicable elements of thc GM? and provisions of the LDC, must be considered on the positive side of conditional use evaluative criteria. Con.' Not applicable in view of its consistency evaluation with the GM? an¢ NOV 2 5 1997 PI. Summary_ Conclusion fFindings~: The proposed use is authorized in the Estates designated area subject to requirements for a conditional use approval. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: Its immediate access to and from Oak~ Boulevard, a planned major county road provides a near optimum location for a church. ~ Church driveway connections with the public street system have short periods of high intensity usage which inherently has potential for traffic accidents. Summary_ Conclusion (Findings): Ingress to the property will be approximately three hundred (300) feet west of Oaks Boulevard on 22'~ Avenue N.W. Oakes Boulevard is designated on the County's Traffic Way Maps as a major thoroughfare which eventually may extend from Vanderbilt Beach Road to Bonita Beach Road in Lee County. Eventually Oakes Boulevard will be a four (4) lane divided highway. Its relatively short distance on a local street should not significantly affect its easy ingress and egress condition. The Estates nature of the south side of 22'~ Avenue N.W. will result in a limitation on the number of single family residences that may be impacted on a limited bases. This number is currently one residence and unlikely to be more than two residences. A subsequent site development plan will be required to achieve optimum levels of automotive and pedestrian safety. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro: (i) For the most part a church represents a relatively passive use of land. By that it is meant that there is for all practical purpose no activities associated with the use of the land except for limited periods of time throughout the week principally on Saturdays and Sundays. (ii) Residences that may be directly affected in that they are near the point of ingress to and from the proposed church is currently limited to one residence and could possibly be two residences in the future (See Land Use illustration). Con: Those periods of high automobile movements to and from the church do present conditions that could be annoying to area residents. Summary_ Conclusion (Findings): Churches generally constitute a passive use of land for the most part. It is only those limited time frames when church activities are being conducted that there is some potential for noise associated with the movement of automobiles. Noise emanating from activities within the church (i.e. music, singing) is unlikely to be of the magnitude that would irritate nearby residential areas. Site development regulations, and ingress/egress traffic improvements would for the most part take care of annoyances created by moving automobiles. Given the Estates zoning nature of the area only a few residences may be annoyed by traffic conditions emanating from the church before and after re which for all practical purposes represent the potential residential sites within 4 feet of the church property. On-site relationships that may cause noise, glare or economic affect on adjacent residential properties can be mitigated by employing best techniques for site planning. There are no odor effects associated with a church. d. Compatibility with adjacent properties and other property in the district. Pro: (i) A church for the most part re'e, esents a passive use of land, and is therefore compatible with adjacent land uses, under conditions that employ best management or site planning techniques. (ii) The site is large enough to (i.e. 4.9 acres) to mitigate for any potential perceived impacts on adjacent residential property. Con.' Proximity to churches are often perceived as having a negative impact on nearby residences. Summary_ Conclusion (Findings): Conditionally permitted uses first and foremost are uses that generally are presumed to be compatible with uses permitted as a matter of fight. The conditional use aspects of such petitions are meant to provide the opportunity for establishing special mitigation measures that address the potential effect the conditional use may have on nearby uses authorized as a matter of fight, and to deal with those site locations that are simply inappropriate based on sound planning standards for where conditional land uses ought to locate relative to infrastructure availability and transportation linkages. Compatibility,relative to a church use can also be measured by the number of incidences that property owners complain about existing churches. The County's Code Enforcement or Complaint Department advises that they have seldom, if ever have had complaints lodged against mainline churches functioning near residential areas. Relative to this particular petition a review of the number of residences near the church are less than seven (7) residences, either opposite or sharing a common boundary with the site. These residences are located on acreage lots and have adequate land area to establish vegetative buffers. 22'~ Street will likely remain a dead-end sU'eet and will unlikely provide a housing site for anymore than two residences. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition CU-97-23 for church conditional use in the "E' Estates zoning district as further conditioned by the Resolution of Adoption and Exhibits thereto. NO. ~ NOV 2 5 1997 ,~ald F. N,no, ~ CHIEF PLANNER DATE REVIEWED BY: ROBERT ~. MULH~m, ~dcP CURRENT PLANNING MANAGER DONALD W. ARNOLD, AICP PLANN'JNG SERVICES D~AKTMENT DIR.ECTOK comn.n, arv DEv. ~ E~V~O~'rAL SVCS. Petition Number CU-97-23 Staff Report for the November 6, 1997 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHA/RMAN CU-97-23 STAFF REPORT/Ink DATE NO. ~ NOV 2 $1997 P,. COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUESTS . ~4 · DATE RECEIVED PROPERTY O~R (PETITIONER) NAME AND ADDRESS*: ~,4~ ~-~-,OU'~ C~%t'~.~-,% ~OC~,-.,~..~<~3~.. ~ SO,~.?~ ~~4%~ PHONE: ~]~-CO~O D~AILED LEGAL DESCRIPTION OF S~JE~ PROP~TY: SE~ION: Z~ TO'SHIP: ~ ~GE: ~ PROPERTY I.D. SIZE OF PROPERTY: ~t~ FT. X Vn~t~ FT. GENERAL LOCATION AND ADDRESS OF SUBJECT'PRO~ERTY: ZONING OF SUBJECT PROPERTY: E~¥%4..~ EXISTING LAND USE: TYPE OF CONDITIONAL USE REQUESTED: ADJACENT ZONING AND LAND USE: ACRES: ZONING LAND USE -1- No. ~ NOV 2 5 1997 .,._ II Staff recommendation to the Planning Commission and the Planning Commission recommendation to the Board of Zoning Appeals shall be based upon the following criteria. Please respond to the following criteria: Is this request consistent with the Land Development Code and Growth Management Plan? Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access An case of fare or catastrophe: The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Compatibility with adjacent properties and other properties in the district. S IGNATU~OF- ~Ti~ON£R DAT~ ~ -2- NOV 5 1997 AFY :DAVIT say that I am the owner{of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit C,~r~ ~ ~9~ ' (AGENT'S NAME) to act as my representative in any matters regarding this petition. SIGNATURE OF~)WNER State of Florida County of Collier The foregoing 6greement Sheet was ac.~nowledg_ed .before me this personally kn6wn 'to me ..... ~ = ..... = ..... ' i~"nt!fic~-ti~-t~ and who-4~ (did not~ take an o~. (Sigfiature Of/No~ Public) NOTARY PUBLIC Co~ission $ ~ -1- NOV 2 5 1997 State of Florida County of Collier he foregoing Agreement Sheet was acknowledged before me this personally ~nown/to me ~-r '~nc ..~; ~-J=uc=~ __________ -idantificzt~n and who~ (did ~ot~ take an (Signature of ~o=a~ public) V · 1 ~ ~ J. ~TCIL ~..,/ ~ ....y · .......... :, . 12: ........ ' .... - .... -- NOT~Y PUBLIC -2- NOV 5 1997 Utility Provisions for Conditional Uses and Rezones 2. ADDRESS: 3. LEGAL DESCRIPTION ~J~IT c~"7 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system): A. CO~{TY SYSTEM B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM ~ 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): A. COUNTY SYSTEM ~ B. CITY SYSTEM C. FRINCHISED SYSTEM D. PRIVATE SYSTEM NAME: 6. TOTAL POPULATION TO BE SERVED: 7. PEAK AND AVERAGE DAILY DEMANDES: ~. WATER-PEAK Z,/ ~0 C.~,~'~ AVERAGE DAILY ]O~ 2. SEWER-PEAK Z3~OO ~-~'P~D AVERAGE DAILY ~fO 8. IF PROPOSING TO CONNECT TO COLLIER gOUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: ~ ~'] 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statemen= regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. -1- NOV 2 5 997 P~. ~ 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that 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 Community Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. APPROVER: COMMENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR -2- NOV ,2 5 1997 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED SECTION 29, TOWNSHIP 48 SOUTH, BANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-i246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; an~ WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a ' Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier Ccunty Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulaticns made and provided, and has considered the advisability of Conditional Use "i" of Sectlcn 2.2.3.3 iq an "E" Estates zone for a rhurcn on the property herelnafter descr:bed, and has found as a matter of fact iExhibit "A") ~hat satisfactory provision and arrangement have Dean made ccncerning all applicable matters requlred by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Co~ission; and WHEREAS, ail interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board hav~ng csnslcered ali matters presente~. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1 NOV 2 5 1997 The petition filed by Geoffrey G. Purse of Purse Associates, Inc. representing ~aith Community Church with respect to the property hereinafter described as: Tract !5, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier Csunty, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B"] and subject to the following conditions: The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). Ail applicable provisions of the Land Development Code in effect at the time of submission of final Site Development Plans shall apply. Arterial level street lighting shall be required at the time of issuance of the first certificate of occupancy at established project entrances. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-manufactured masonry fence/wall shall be constructed at a height of slx (6) feet above the established finished grade of the parking lot. Said wall shall be constructed at the tlme any such parking lot is constructed. In the alternative a vegetative buffer of fifty (50) feet shall be retained or planted which accomplishes a one hundred (100) percent visual screen for a vertical distance of six (6) feet to be in place at the time said parking lot is permitted. No parking lot shall be located within fifty (50) feet of any lot line contiguous to the north and east boundary lines. All exterior lighting shall be limited to a height of sixteen (16) feet and shall be directed downward and appropriately shielded so that no glare is transmitted to an adjacent "E" Estates property. -2- L' p,. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ~,/ Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ & egress Yes ~' No C. Affects neighboring properties in relation to noise, glare, ~c~nomic or odor effects: ~' No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~,/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~= .... !~- --~) be recommended for approval ~ f/CU-97-2] FINDING OF FACT CHAIRMAN/ AGENDA IT E.,M x NOV ,?, 5, 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ko Consistency with th?~and Development Code and Growth Management ~tn: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &.~ress Yes V No C. Affects neighboring properties in relation to glare, e~c~nomic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated noise, Compatibility with adjacent properties and other property in the district: Compatible us~ithin district Yes ~ No stipulations, (copy attached) approval Based on the above findings, this conditional use should, with (~e rec~ded for f/CU-97-23 FINDING OF FACT MEMBER/ AGENDA.~EM ~ NOV ,., 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ae Consistency with the Land Development Code and Growth Management P~: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &~ss Yes ~No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w,~in district Yes ~" No Based on the above findings, stipulations, (copy attached) approval f/CU-97-23 FINDING OF FACT MEMBER/ AGENDA IT£M ,, NOV 2 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~:~No Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egr/s Yes t-/ No C. Affects neighboring properties in relation to noise, glare, eco/nomic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: CompatibleyesUSe~n district Based on the above findings, this conditional use should, with stipulations,//~opy attached) (should not. commended for approval f/CU-97-23 FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY P'~A/~NING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Pla~: Yes ! No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eg3Dess Yes ~/No C. Affects neighboring properties in relation to noise, glare, eco~Domic or odor effects: ~// No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use wiDhin district Yes t/No Based on the above findings, this cQ~ditional use should, with stipulations, (copy attached)('~shoul~4~t~ be recommended for approval f/CU-97-23 FINDING OF FACT MEMBER/ AGENDA I~-~ NOV 2 5 1997 p,~. ~.-'""T'~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L,=nd Development Code and Growth Manage~n~ :No __ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate i ng~~'~e s s ~Yes ,~.~2 No C. Affects neighboring properties in relation to noise, glare,~or effects: (. ~f No attec~/or Affect mitigated by "~- -~ect c~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compac ib~ithin district / No Based on the above findings, this conditional use~ou~d~ with stipulations, .~--~ ........ ~' ' ~ ' ~=~.=~ {~ou~ ~-~be reco~ended for approval ~/Z~ f/CU-97-2~ FINDING OF FACT MEMBER/ AGENDA ITI~M \ NOV 2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will n.:t adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Mana~N° B. Ingress and eg~i~ss to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate in~~ress C. Affects neighboring proper~i~fs in relation to noise, glare, economic or odor effec/~_ No affect or / Affect mitigated Affect cannot be mitigated De Based on the above findings, stipulations, (copy attached) approval Compatibility with adjacent properties and other property in the district: Compatible~_u~e w~thin district this conditi~ ~with (should n~.~/..~commended for f/CU-97-2~ FINDING OF FACT MEMBER/ AGENDA JTEM No. ~ NOV g 5 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the L~,~d Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management xP~lan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~egress Yes '~ No C. Affects neighboring properties in relation to noise, glare,'~.conomic or odor effects: '~ No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district: Compatible ~s,e within district Yes~ No Based on the above findings, this conditional use should, with stipulation.s, (copy attached) -.~-----~-: ....~) be recommended for approval ~ ,~ ~D~ .~ ~~ DATE: XI / (p[c~'~ f/CU-g7-23 FX~DX~,'G OF FACT A G £,'"J[DA/T~,-. NOV 2 5 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No >~ Based on the above findings, this conditional use should, with stipulations, (copy tached)(should ~e~/~./.~/~./~,~/~~ at be/~ecommended for approval/?/~/~,/ MEMBER: _ DATE: . f/CU-97-23 FINDING OF FACT MEMBER/ AGENDA ITEM NOV ,2 5 1997 BR~rrwooD PUD CONDITIONAL 5 1997 EXECUTIVE SUMMARY PETITION V-97-11, RICHARD K. BENNETT , REQUESTING A 2 FOOT AFTER-THE- FACT VARIANCE FROM THE REQUIRED REAR SETBACK OF 10 FEET TO 8 FEET FOR A DOUBLE FRONTAGE (THROUGH) LOT LOCATED AT 4459 ROBIN AVENUE, FURTHER DESCRIBED AS LOT 11, BLOCK C, FLAMINGO ESTATES, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL QBJECTIVE: The petitioner requests an after-the-fact variance of 2 feet from the special yard requirement of 10 feet for a through lot, to 8 feet to allow an existing enclosed pool area of a single family home to remain. CONSIDERATIONS: The petitioner wishes to allow an enclosed pool area to remain as it cun'ently exists on the su.~ject property. The double frontage (through) lot was created on February 10, 1970 when the Flamingo Estates subdivision was platted. According to the LDC, for through lots, if one of the front yards is not in keeping with the prevailing yard pattern, the Planning Services Director may waive the requirement for the normal front yard and substitute therefor, a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. An Application for Building Permit for a swimming pool was submitted to Collier County on July 11, 1977, and Building Permit 77-2237 was issued. According to Ordinance 76- 30 ~the zoning regulations at the time), the rear yard setback for a pool was 15 feet, and for the screen enclosure the rear yard setback was 10 feet. The building permit appl;cation indicates a 15 foot rear yard was required. Under current zoning regulations, the rear yard setback for a pool and screen enclosure is ten feet. According to the survey provided by the petitioner, the screen enclosed pool area encroaches 7 feet into a 15 foot drainage easement. Collier county Stom'wvater Ma?,a~ement Director John Boldt, PE reviewed this petition and had no objection to the encroachment. The Board of County Commissioners voted to vacate a portion of the easement on October 29, 1997. There is no record of a Certificate of Occupancy for the pool in County building permit records. The Property Appraiser's records indicate 'no final" next to an entry for permit 77-2237. NOV 2, 5 1997 FISCAL IMPACT; Approval of this petition would have no fiscal impact on the County. (}ROWTH MANAGEMENT IMPACT: The proposed vadance is consistent with applicable provisions of the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey & Assessment or waiver is required. pLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on November 6, 1997, and by a unanimous vote, forwarded Petition V-97-11 to the Board of Zoning Appeals with a recommendation of approval. PREPARED BY: ' . FREO.~EISCHL, PLANNER II CURRENT PLANNING SECTION REVIEWED BY: DATE ROVBERT J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION DATE DONALD W. AR-Iq'OLD,"~A"ICrP, ~OR VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSlON executive summaryN-97-11 2 NOV 2 5 1997 A~ENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: SEPTEMBER 23, 1997 RE: PETITION V-97-11 AGENT/APPLICANT: Owiqe D. Richard K. Bennett 1243 12~' Avenue North Naples, FL 34102 RI~QUESTED ACTION; The petitioner requests an after, the-fact variance of 2 feet from the special yard requirement of 10 feet for a through lot, to 8 feet to allow an existing enclosed pool area of a single family home to remain. GEOGRAPHIC LOCATION: The subject property is located at 4459 Robin Avenue, legally described as Lot 11, Block C Flamingo Estates. NO. ~ NOV Z 5 1997 PURPOSEIDE~CRIPTION ,OF PROJECT: The petitioner wishes to allow an enclosed pool area to remain as it currently exists on the subject property. The double frontage (through) lot was created on February 10, 1970 when the Flamingo Estates subdivision was platted. According to the LDC, for through lots, if one of the front yards is not in keeping with the prevailing yard pattern, the Planning Services Director may waive the requirement for the normal front yard and substitute therefor, a special yard requirement, which shall not exceed the average of the yards provided on adjacent lots. An Application for Building Permit for a swimming pool was submitted to Collier County on July 11, 1977, and Building Permit 77-2237 was issued. According to Ordinance 76- 30 (the zoning regulations at the time), the rear yard setback for a pool was 15 feet, and for the screen enclosure the rear yard setback was 10 feet. The building permit application indicates a 15 foot rear yard was required. Under current zoning regulations, the rear yard setback for a pool and screen enclosure is ten feet. According to the survey provided by the petitioner, the screen enclosed pool area encroaches 7 feet into a 15 foot drainage easement. Collier County Stormwater Management Director John Boldt, PE reviewed this petition and had no objection to the encroachment. There is no record of a Certificate of Occupancy for the pool in County building permit records. The Property Appraiser's records indicate 'no final" next to an entry for permit 77-2237. SURROUNDING LAND USE AND ZONING; Existing: Single family house & pool; zoned RSF-.4 Surrounding: North - East - South - West - North Road ROW Single family house; zoned RSF-4 Robin Avenue; zoned RSF-4 Single family house; zoned RSF-4 AGEuD~ IT,~ M~ No. ~ NOV g 5 1997 LOCATION HAP SITE HAP HISTORIC/ARCHAEOLOGICAL IMPACT; Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVlR(;)NMI~NT; Approval of this variance request will have no effect on infrastructure, transportation or the environmenL ~NALY,~I~; Se~on 2.7.5 of the Land Development Code grants the authority to the Board of Appeals to grant variances. The Planning Commission is advisory to the B utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8 which are tt0V 1997 guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building Involved? Yes. The subject lot is a double frontage (through) lot created in 1970. The front yard required along North Road was administratively reduced to 15 feet for the pool, upon issuance of the building permit in 1977, by application of the definition of a through lot in Ordinance 76-30. There is also a 15 foot drainage easement along the north property line of the lot. be Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? No. The building permit for the pool was applied for by the petitioner. Ce Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. The pool and enclosure have existed for 20 years. Their removal would cause financial hardship on the petitioner. de Will the variance, If granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The pool and enclosure are existing and the actual encroachment into the required yard is 2 feet. e. Will granting the variance requested confer on the petitioner any privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. this variance will allow the petitioner to have a larger screened pool area than would be permit'ted for a similar sized lot in the RSF-4 zoning district. However, the pool has been in this location for 20 years. NOV 2 5 1997 Will granting the variance be in harmony wlth the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the publlc welfare? No, granting o~ this variance wi~ reduce the amount of the required yard which will not be in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood o¢ detrimental to the public welfare. View to Ihe aou~ from N~'I~ Road along It~e ~t pr~ ~ne Are there natural conditions or physically Induced conditlons that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The drainage easement along the north property line contains a steep sloped drainage conveyance between the pool and North Road. Will granting the variance be consistent with the Growth Management Plan. Approval of this vadance will not affect or change the requirements of the Growth Management Plan. NOV ~) 5 1997 STAFF REq:QMMENDA'I']ON: Staff recognizes that the subject structure has been in existence for twenty years, however, due to the fact that the building permit issued for the pool and screen enclosure required a 15 foot rear yard setback and that the structures did not receive a Certificate of Occupancy, staff is cor~tralned from recommending approval, therefore staff recommends that the CCPC forward Petition V 97-11 to the BZA with a recommendation for denial. "°' ~~I~ NOV g 5 1997 / I p~. · '- ,, PREPARED BY: FRED~CHL, ~LANNER II CURRENT PLANNING DATE REVIEWED BY: ./"ROBERT J. MULHERE, AlCP, MANAGER · CURRENT PLANNING DONALD W. ARNOLD, AICP, DIRECTOR G SERVICES ~INCENT A. CAUTERO, AICP, ADMINISTRATOR DATE DATE'k, DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number:. V-97-11 Staff report for the November 6, 1997 CCPC meeting. This Petition has tentatively been scheduled for the November 25, 1997 BZA Public Headng. Collier County Planning ~g.~,mission: I '~ MICHAEL A. DAVIS, cH)[~RMAN AG£ND~.~rr, EM NO. ~ NOV g 5 1997 0 " 0 AI)IILICATION FOR BUILDINO COLLIIi C~'~NTY, I~OIIDA DATE 7-LX-77 PHONE ELECTRICAL CONTRACTOR (w~'~a r ADDRF. SJ lq-lONE , I)LUMBING CONTRACTOR ADDRESS PHONE ADDRESS PHONE SUBDIVISION ~'I ,, .~ { ,., ,.j ,.. w,~.,,+mt Ptrmit to Build. Ahcr. Repair. Move.lnstall .__._._..~.vi~'~ning Pc>oX SLt~ .4 ______ x _ ltel~ht No. of Stod~s aa A copy oF the approYtd pLtm and ,pedficat~otu sha~ be kept at the buiJdinI silt d~rinI comtruc~oa. Zoning ~ O~RDINANC£ STANDAR[~ ~' I~,~mum Lot X,,a -- O Lot Area N Front Yard Set Back Ma.x~um B~ilcti~l H, til~t _ R~u Yud Set Back Minimum Front YLTd Set ~ Si(~ Yuds Set Back J~um R~u Yard Set Back },Cmimum Side Yard Set Back F]oor Space . Sq. Feet Centr~ Se~r Nune Utility _ Sq. Feet CtnttaJ Water NLme Porch Sq. Fete Well Permit No. Yes S~ptic Trna Carport Sq. Fete Dra/nfield ~ Other Sq. Feet Septic Ttr~k No. Sq. Feet Total il Sq. Fm flumbinl Stub. inche~ belaw ~ floo~ I:ra&e. SanRar~n 'l Estimated Cost $ il' ' Buildint Permit $ ,-.,, ....... ~;,...:.. .... . _'. _ , . , ...... ..... ' '"'""' '"'~'"'".~-2' D.?o.. ,'-',-'.,' .'2-."-.;.. -'-,:-.-,' '"~J':"!?'""--' Electrical Permit $ .... ; . ,.=:,..','-.":.,-.--.=..-. :-.;~ ...... ,'-..---..--,~ ." ' : t..-." ..- _ . .......... ..... _ · · - ..... s · ..- "'- h'].--.L.--Z'--L: I A.C.//~e~hanical Permit $_ ' Sanitation $ The abo, ve~applicition has been examJned and is hereby approved subtect Io the pay'me ol $ No. ~ as provided by the conier County Building Code. NOV g 5 3997 Glenvood Mo z"c't m on This perm/t expires if work is not staa'ted within 6 months from crate of Jnue. Pctmit lated. This use must not chan[e to Lqy other use wt..l~.ut z new mi p~a ct~ly penalty of $~00.00 if work is started w:,~. ..... ~ t from the Zon~.l )lrt'~or. Fee wifl be quadrupl~ ' use or s'truct,r~ ,k.ll ,~., ~ ~ ,., . _. . ppllcant further ta'~JetIt&nc~ t~at the COl I_IER COUNTY GOVERNMENT ~UBI-IC WOKKS DIVISION September 4, 1997 t½01 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2S7~ FAX (941) 7~2-2~26 A CEIL'Tll~I[.D BLUE CHIF' COMMI.~iTY Mr. Ricl~d K. Bennett Parks, Bennett and Stewart $65 Fi~h Ave. S Naples, Florida 34102 KE: Encroachment on County Drainage Easement/ Lot 11, Block C, Flamingo Estates Dear Mr. Bennett, The Stormwater Management Department has no objection to a vacation of that portion ora Collier County Drainage Easement that is currently encroached upon by the pool enclosure at the above referenced location. Sincerely, John H. Boldt, P.E., P.S,M. Stormwater Management Director cc: Start Chrzanouski, P.E., Senior Engineer, Engineering Review Section Russ Muller, Transportation Department NOV 2 5 1997 RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-97-11, FOR A VARIANCE ON PROPERTY HEREINAFfER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulaticns made and ~rovided, and has considered the advisability of a two-foot after-the-fact variance from the special yard requirement of ten feet to eight feet for an existing SWl.-..ming pool and screen enclosure as shown on the attached plo= plan, Exh'~H1t "A", ~-n an RSF-4 zone for %he property hereinafte described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable ma%~ers required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for =he unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in publi~ meeting assembled, and the Board having considered all matters presented; NOW THEREFOR£ BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-97-11 filed by Richard K. Bennett, with respect to the property hereinafter described aa: Lot 11, Block C, Flamingo Estates, as recorded in Plat Book 10, Pages 34 & 35, of the Public Records of Collier County, Florida. be and the same hereby is approved for a two-loc: aft~%'~~ variance from the special yard requirement of te fee'~°'t~feet" ~ NOV 2 5 1997 - 1- p~../~ ~ for an existing swimming pool and screen enclosure as shown on the attached plot plan, Exhibit "A', of the Rsr-4 zoning district wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment depicted in Exhibit 'A". Any other encroachments shall require separate variances. 2. Within 30 days of approval of this variance, the petitioner shall obtain a Building Permi: for the subject swimming pool. BE IT RESOLVED that this Resolu%ion relating to Petition Number V-97-11 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: M,ir~oth. e M. S~uden~ Assistant County Attorney day of , 1997. BOARD OF ZONING APPF. ALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman -2- "o. NOV Z 5 1997 NOV 2 5 1997 ,.,. /4=_.J x/ I ,1~. 3 .oc.zo.oo. N,, XE. CUTIVE S Om,maY REQUEST TO (;RANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "SAN MIGUEL" 0 JECTIVE To grant final acceptance of "San Miguel" CONSIDERATION~ On March 21, 1995, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "San Miguel". The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is reco~uending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCA~ IMPACT_, The roadway, drainage water a~ewer improvemen~&~required to be maintained by the project's homeowners association~Will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. (~;ROWT~ MA-NAGS, IMPACT, None Executive Summary San Miguel Page 2 RECOMMENDATIONs That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "San Miguel" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date F. EVIEWED BY.~: Thomas E. Kuck, Engineering Review Manager Donald W. Arnold Plann>ng Services ~ector ~'~~i~Ca'ute~st rator ~ ...... ~'" Dev and Environmental Svcs. Date Date D~te ~ Community Dev. and Environmental Svcs. DIVISION NOV 5 1997 ,',.._2,___ .... ~'.~.¢(E L :10)' '~'T'E. wt I oRc(crcnccd tn tt,c N.c,,.,l:l * ~n Iht CUrll.~ulr?~,'~, H~z3r~ bY flu.)d ~ontrol 5tru~ ~ou~dJric~ of thc t?ooc~ ~nd irlcrpol3c~C b(~wccr' b~d on hvdrJUl~. COn)- ~,H)f,.. )1,~,~.' f~l I IAI To dct/r'm,~n¢ ;f flood II~Cn[ or C~N thc N,II~ 25 5 6 ? 9 10 11 13 15 16 1'7 18 19 20 22 24 2'7 29 37 45 46 49 50 52 54 58 KL, 3UL, U 11g.~ ~,g. ~ ~- KESOLLq'ION AUTHOKIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER [MPROVEMEN'TS IN SAN MIGUEL, RELEASE OF THE NLMNTEN'ANCE SECLrPdTY, AND ACCEPTING THE MAFN-FENANCE RESPONS~ILITY FOR THE ROADWAY, DR. ALNAGE , WATER AND SEWER IMPROVEMENTS THAT AKE NOT KEQU1TLED TO BE MAINTAIn'ED BY THE HOMEOWNERS ASSOCIATION. WHER.EAS, the Board of County Commissioner~ of Collier County, Florida. on December 6, 1994 approved thc plat of San Miguel for recording; and WFLEP-~EAS, the developer h~s constructed and ma~nt~ned the roadway, drainage, water and sewer improvements i.n accordance with the approved pl~:s and specifications and as required by the Land Developme~! Code (Collier County. Ordinance No. 91-102, as amended); and the Utilities Standazds and l~ocedures Ordinance (Collier County Ordinance No. 97-17), md WHEP,.EAS. the developer has now requested final acceptance of the roadway, drainage, water and sewer improvemenL~ and release ofh/s mz/ntenance security; and ~TIEILEAS, the Compliance Ser,'ices Section of the Development Services Department has inspected the roadway, draLnase, water and sewer/mprovements and is recommencfing accep:~nce of said facilities. NOW, THEREFOR.E, BE IT RESOLVED BY THE BOA.RD OF COLrNTY CON~]SSIONERS OF COLLI~.R COUNTY, ~O~A, ~at ~al ~c~t~ce be ~ted for ~osc roadway, ~ainage, wa~ ~d s~'~ improv~ents in S~ ~fi~el, ~d au~ofize ~e Cl~k to rele~e the mainten~ce sec~'. GE IT FURTHER RESOLVED AND OR.DERED that thc County accept the future maintenance and other ane~d~t costs for thc roadway, drainage, water and sewer improvements that ~e not required to be mai~ulned by the homeowners association. Tl'ds Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: D%3GHT E. BROCK, CLER~ BOARD OF COU~"IW CON~flSSIO.~'ERE COLLIER COUNTY, FLORIDA By: T~IOTHY L. I-LKNCOCK, CHAIR_\LKN Approved as to form and lesal sufficiency: Heidi F. Ashton Assistant Collier County Attorney No. I_~ NOV 2 5 1997 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION TO EXECUTE A JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION WHEREIN COLLIER COUNTY AGREES TO MAINTAIN PROPOSED HIGHWAY LIGIITING IMPROVEMENTS TO SR 29 IN THE VICINITY OF SR 82. " ~: To obtain Board of County Commission--s approval by r~t, olution authorizing thc Chairman to execute a joint project agrcemcnt with thc State of Florida Dcpa.,'anent of Transportation (FDOT) wherein Collier County agr~s to maintain thc proposed highway lighting to be inst~licd on SR 29 in thc vicinity of SR 82. CQNSFOERATIONS: Collier County requested that FDOT invesligatc ~he intersection of SR 29 and SR 82 with the ~terR of ingalling a flazhing ~acon ~nd gtcct lighting for thc safety of thc public. FDOT has completed this investigation and has submitted thc 6(P/, plans of the intersection improvements for ~ review. Thc FDOT Project Number 03050-6504 described as Signalization, Signing & Pavement Markings and Str~ Lighting of SR 82 at the int~ction of SR 82 c~ SR 29, neat lmmokalec calls for thc installation of i 5 highway lights and a flashing beacon. In order for the project to go forwatd to construction, FDOT and Collier County mug! enter into a joint project ~grcemcnt whereas Collier County agrees to maintain the highway lighting upon completion of the project. Standard FDOT maintenance agreements are attached and have been reviewed and approved by the County Anomcy's Office. The maintenance agreements are n¢cessao' for the project to go forward and the Transportation Staff is recommending Board approval. A total of I 5 highw'ay lights ate proposed with an estimated operating cost of approximately S6,000 per year and a flashing beacon with an anticipated electrical cost of $1.200 per year for a total of $7,200. The project is scheduled to be let in Match of 1998 with the proposed construction scheduled for completion late June or early Jul)', 1998. Electrical expenditures of approximately SI.g00 will be required for the last 3 months of FY 9%98. FISCAL IMPACT: Funding is available in Road and Bridge Fund (101), Traffic Operations (163630) and Operating budget (6000). $1.800 is available within th,' overall operating budgcL Available funds within the Operating Budget (6000) on 11/13/97 are $507,000. 5Xt.~ ,g,T~Wl ~ ~t2X'~ f.~ ~ ].5 h.i.~ lic:j'~ anz~ a fl,-~x~3 GROWTH MANAGEMENT IMPACT: ... N/A R~ECOMMENDATIONS: .. It is recommended that the Board of County Commissioners adopt and approve thc atlachcd esolution and Joint Project Agreement to maintain the highwa)' lighting improvement proposed by FDOT in accordance with State Project Number 030:50.6504 and approve the anached budget amendment which provides electrical funding for both the proposed highway lighting and the proposed signal at the intersection of SR 29 & SR 82: authorizing thc Chairman to execute six (6) original resolutions and agreements. PREPARED BY: NANCY FRY~ ENGINEEKIN~TECHNIC CA~i~ED~, T~FI~P~ONS~PERVISOR DATE: ~VIEWED BY: ~ F. BOBA~. ~M ~NS~RTATION DIe'OR ED ILSC~E~ PUBLIC WO~S ~M~ISI ~TOR FORM 723-40 1-83 PAGE i OF i State of Florida Department of Transportation Division of Preconstruction and Design COUNT~ RESOLUTION HIGKWAY LIGHTING ~__~ oso 1 A RESOLUTION AbTBORiZiNG EXeCUTiON OF A HIGHWAY LIGHTING AGREEMENT FOR THE ADJ~'TK~NT' RELOCATION A/R/OR INSTALLATION OF A CERTAIN LIGHTING SYSTEM WITHIN THE RIGHT-OF-WAY LIMITS KEREIN?-FTER D=-$Cq{IBED, AND PROVIDING WKEN THiS R~SOLUTION SHALL TAKE EFFECT. RESOLUTION NO. _, seconded by Con.-..~issioner ON M~TION OF Commissioner , the following Resolution was auopted. ~.~p£AS, the Skate of Florida Department of Transportation has located and proposes to csnz-..--ac~. or recons'.ruct a part of %he Highway Lighting System located on State Road _~--_, AND W?IEREAS, the State of Florida Department of Transportation having requested the County of ~, Florida, to execute and deliver to the State of Florida Department of Transportation a Joint Project Agreement for Highway Lighting, providi, ng for Joint responsibilities of the Department-and the County, and said request having been duly NOW T~L~EFORE, BE IT RESOLVED by the Board of county Co~=nissioners of the County of ~1~, Florida, :hat the Chairman and clerk of the Board of County Co~=niss~o.".~ra bm they ara hereby authorized and directed to make, execute and deliver to the State of F!¢rida Department of Transportation a Highway Lighting Agreement for the adjustment, rele:ation, and/or installation of a certain lighting system within the Right of Way limits of said Road ~2~-, Sec=ion ~~-~; BZ IT FURTHER RESOLVED that thi~ ResOlution be forwarde~ to the State of Florida Department of Transportation at Barrow, Florida. I.%.--~p~QDUCED ?2,~D pASSZD by the Board of County Co~,.~ {ssioners of ~ County, Florid,%, in regular session, this , day of , 19 .. Chairman of the Board of County Commissioners ATTEST~ Clerk of the Board of County Commiosioners Approved as to for= and legal sufficiency: County Form No. 710-010-74 '12/88 page i of 2 STAXE OF FLORIDA DEPA~M~NTOFTRJ~NSPOR~ATION JOINT PROJECT AGREE~ HIGHWAX LIGHTINQ (county) WPI NO. SECTION NO. STATE ROAD COUNTY NA){E PAR & JOB NO. FAP NO. 1114198 03050 82 @ SR-29 Collier N/A 6504 SE-080-2(21 THi~ AGREE.~ZNT, made and entered into this day of _, 19 , by and bet.~e~n the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,' hereinafter called the ~:'~'~T}~NT, a~:c~ ~~ County, a ~litical ~ubd~ision u~ the Sta=e ~f F!or~a~ acting by and =~rough its Bo~d of County Co~issioners, hereinafter refcrred to as t~e ~- W!TNESSETH: ~A5, the CO~ by Resolution adored on , has re~ested the DE?~T)~NT to purchase and in,tall a Highway Lighting System on that ~rtion of State Road No. ~ described as ~ in ~, County, Florida. AND WHE~AS, ~he DEP~T~NT is cons=rue=lng, reconsidering or othe~ise chan]ing portion of =he lighting system designated by =he DEP~T~NT as Job No. Q3050-6504, Road ~, from ~ =o ~, which shall call for the adjustment, relocation and/ ins=allatic~ of Highway Lighting facilities along said highway, interest of the general public and =o =he economic advantage of both parties to enter a JOINT PRO,CT providing for such work, NOW, ~FO~, the praises considered, ~d in consideration of the sum of One D~ll~ each to =he other in hand paid, the receipt whereof is hereby ac~owledgmd, and in fu~her consideration of the ~tual covenants hereinafter contained, i= is agreed by the pa~ies follo~,: 1. Yhe DEP~T~NT agrees to prepare 91ans and ~cifications for the work involved, and a~ve~lse for bids for the e~i~n= ~d ~terials. The decision as to the t~ and make of e~i~ment purchased will be the DEP~T~NT'S sole res~ns~ility. 2. All of the work on the lighting sys=~ Is to be done according to the plans and ~pecifications of the DEP~T~NT which plans and s~cifications are, by reference hereto, made a par= hereof. The DEP~T~NT will be respons~le for ~rfo~ing the installation. 3. The DEP~NT will provide =he necmssa~ engineering su~ision to assure const~ction Is in c~pll~cm with the plus ~d s~cifica=ions herein~ove referred ~o, will perfo~ the final lns~ction of =he completed project. 4. The ~ g C "' pro~y of the DEP~~, .................... · 5. The COUNTY further agrees u~n completion of =he ~s=alla=ion, ~"'~~ ' responsibility for the maintenance of said lighting syst~ in accordance with the DE?ARTF~NT'S policies and 'Standard Specifications for Highway Lighting". 6. The COUNTY further agrees to be responlible for:the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 7. The COUNTY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes 768.28, DEPARTMENT and all of DEP;tRTMENT'S officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by COUNTY during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither COUNTX nor any of its sub-contractors will be liable under this section for damages arising out of injury or dLmage to persons or proper~-y directly caused or resulting from the sole negligence of D£P~.RTkLENT or any of its officers, a~ents or employees. 8. Ail services and work under the construction contract shall be performed :o the s~tisfac=i~n Ot the DEPARTMENT'S Director of Construction and he shall decid~ all quesui0ns, difficulties and disputes of whatever nature, which may arise under or by reason of such c:ntract for highway lighting, the prosecution and fulfillment of the services thereunder, and the character, quality, amount, and value thereof; and his decision upon all claims, T~estiens, and disputes thereunder shall be final and conclusive upon the parties hereto. 9. The COUNTY will inform the DEPARTF£NT'S appropriate Resident Engineer in writing when they ~tar= or resume work on the project. iN WiT:tESS WHEREOF, the parties hereto have caused the~e presents to be executed by :heir duly aunhorized officers, and their official seals hereto affixed, the day and year first above written. County of (SEAL) BY: TITLE; ~ .... ST. TITLR: FLORIDA DEPARTMENT OF TRANSPORTATION (SEAL) TITLE: ATTEST: EXECUTIVE SECRETARY _ ....................................................... == ............. · LEGAL REVIEW: DATE: APPROVED BY~ ' DATE: ATTORNEY - FDOT · - _ UTILITIES OFFIC]~'~ LEGAL REVIEW: DATE: II//lO ?? .... , - _ Attorney, Collier C'oun~y~ ]EXECUTIVE SUMMARY APPROVE IN CONCEPT THE BIG MARCO AND CAPRI PASS INLET MANAGEMENT STUDY AND AUTHORIZE SUBMITTAL TO THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. ,., ~.]3_~,~.~.~.~.~A To obtain conceptual approval of the Big Marco and Capri Pass Inlet Management Study and authorize submittal to the State of Florida Department of Environmental Protection for review and development of the mandated inlet management plan. CONSIDERATIONS: On May 17, 1994, the Board of County Commissioners entered into an agreement with Humiston & Moore Engineers to prepare the Capri and Big Marco Inlet Management Study. The following chronology depicts the review effort that has been accomplished during the preparation &this study: September 1, 1995 - Literature search submitted to the State of Florida Department of Environmental protection for review and comments. · October 31, 1995 - Interim Report No. I completed and submitted for review. · August 26, 1996 - Public workshop conducted on Marco Island to present and discuss the preliminary identification and recommendation of inlet management alternatives. · October 30, 1997 - Public Workshop conducted on Marco Island to present and discuss the final draft of the Study. The study presents the following recommendations for implementation (The Inlet Management Study Section which discusses each recommendation is cross referenced): Continue ongoing monitoring programs and supplement with additional monitoring of Little Marco Pass migration and Coconut Island (Section 6.3.1), the Hideaway Beach T-groin project (Section 6.3.4), and additional environmental monitoring to include documentation of wildlife usage of the Sand Dollar Island emergent shoals (Section 6.3.5). Work with the Florida Game and Fresh Water Fish Commission to establish an interagency agreement to resolve remaining issues regarding the management of the Sand Dollar Island shoals as a wildlife habitat and recreation area. (Section 6.3.5) Pursue expansion of the Big Marco River no wake zone to include Capri Pass. (Sections 6.3.4) Executive Summary - Big Marco and Capri Pass Inlet Management Study November 13, 1997 Page 2 The following recommendations should be implemented upon completion of DEP review of this study and adoption of a state approved Inlet Management Plan. 4. Evaluate potential sand sources for beach nourishment with vibracore borings. (Sections 6.3.1, 6.3.3, 6.3.4, and 6.3.7) 5. Preliminary design for stabilization of Coconut Island. (Section 6.3.2) 6. Investigate wildlife habitat creation issue. (Section 6.3.5) 7. Renourishment ofproject areas as needed. (Sections 6.3.4 and 6.3.6) 8. Refinement of Hideaway Beach erosion control project based upon monitoring data and replace sand filled geotextile bags with permanent structures. (Sections 6.3.4) On October 2, 1997 and November 6, 1997, the Beach Renourishment/lVlaintenance Committee reviewed and endorsed the Study as presented. On November 5, 1997, the Marco Island Beach Renourishment Advisory Committee endorsed the Study as presented with the following additional recommendation for immediate implementation: "Establish a task force to evaluate and provide recommendations relative to Human Life Considerations in the Sand Dollar Island Area" Therefore, the Big Marco and Capri Pass Inlet Management Study is presented for approval in concept whereby it would then be submitted to the Florida Department of Environmental Protection for review and development of an Inlet Management Plan to be considered for adoption. A copy of this Study is available for public review at the Marco Island Library and in the Office of the County Adminis~ator. FISCAI~ IMPACT: Costs associated with those items recommended for immediate implementation are dependent upon a scope of work to be established upon ~:~prov~ of the Study. The scope of work and an application for funding will be ~'abmitted for approval prior to implementation of each recommended activity. Funding for this purpose will be obtained from Fund 195, Tourist Development - 60%. Executive Summary - Big Marco and Capri Pass Inlet Management Study November 13, 1997 Page 3 GROWTH MANAGEMENT IMPAG'T~ The Big Marco and Capri Pass Inlet Management Study is consistent with the objectives and associated policies of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ]:~ECOMMENDATION$: That the Board of Commissioners: Approve in concept the Big Marco and Capri Pass Inlet Management Study and authorize staff to submit the study to the State of Florida Department of Environmental Protection for review and development of an Inlet Management Plan. Discuss and provide direction as to appropriate action with respect to establishment of a task force as recommended by the Marco Island Beach Renourishment Advisory Committee. In this regard, staff recommends that a task force be established to address this issue in conjunction with establishment of an intevagency agreement with the Florida Game and Freshwater Fish Commission. PREPARED BY: REVIEWED BY: REVIEWED BY: attachment Harold E. Huber, Project Manager [] Office of Capital Projects Management Adolfo A. Go/~7..alez, P.I~:; Director Office of Capital Projects Management Ed Ilschner, Public Works Division Date: Date: cc: Be~ch Renouriskment~aintmmnce Committee Marco Island Beach Renouri~kment Advisory Commitlee Humiston & Moore Engineet~ VICINITY N.T.$. GULF OF MEXICO LEGEND · 0NR MONUMENT LOCATION a HIDEAWAY 8[ACH Id0NUI"I[NT NOTES: (I) STATE PLANE COORDINATES BASED ON NAD 1927 (2) SHORELINE LOCATIONS AS SHOWN AR[ APPROXIUAT[ FIGURE 1-1 LOCATION MAP 1-5 HUIMISlON & MOOgE ENGINEERS * NAPLES. ~LORIOA $77.~:)0 1EXECUTIVE SUMMARY AWARD CONTRACT TO BETTER ROADS, I~C. TO CONSTRUCT SIDEWALKS FOR COUNTYWIDE PATHWAYS H PROJECT, (GEORGIA AVENUE, MARTIN STREET, TRAMMEL STREET, AND LOMBARDY LANE/OUTER DRIVE), (BID 97-2744). QB,FE(TrIv~i That the Board of County Commissioncr~ aw;ud a contract to consmac~ sidewalk~ a~ ~ locations (C-eorffia Avenue, Martin Str~, Trammel Str~, and Lombard)' Lane/Outer Drive) through<~ Collier Count3' in order to implement a portion of the Countyp,'ide Pathway Program. CQ.~$ID£RATIONS: 1. On Octoi~r 14, 19<)7 the bid posting occurred. Imitations to bid were sent to seventy-eight vendors. On November 5, 1997 bids were opened for the paths'o' construction project. 2. Four bids wer~ r~:eix~d as sho~-a on the attached bid tabulation sheet. The lo,a~:~t, r~l~onsive bicklm' was Be~¢r Roads, Inc. in the amounl of S90,981.00. 3. Better Roads, Inc. has a ~afiffaclory performance record on other contracts im'oh'ing similar ~I$CALIMPA(~T: Funds ar~availableintha amount of $90,981 in: Fund' Corn Center: Project: 313 - Road Construction - Gas Tax CIP 163673 - Surplus Gas Tax - Road Cort.xtmction 69081 - Countywide Bikepath GROWTH MAN, AGEMENT I]VI~PA~; None. EECO.',IMENDATIQN~; Staff recommends that the Board of Count)' Commissionen award a contr-~l for Bid No. 97-2744 to 13crier Roads, Inc. for the base bid in the amount of $90,9~I.00, and authorize the Chairman to execute the conU=~. REVIEWED BY: Pu~~ ~ C Director REVIEWED BY: T~Depa~ uot o P7£., REV'IX'WED ,Datet - Public Worlds Divixion JFD pag exsumpsl~vs.~H, doc ZZZZ 00©0 ZZZZ~Z 0000 0 000000 000000 000000 ZZZZZ~ 000000 EXECUTIVE SUMMARY APPROVAL TO AWARD BID #97-2747, "REROOFING BUILDINGS CllC2" (TAX COLLECTOR'S AND PROPERTY APPRAISER'S BUILDINGS) TO COLLIER COUNTY ROOFING INC. OBJECTIVE: That the Board award Bid # 97-2747 to Collier County Roofing inc. for the re-roofing of the Tax Collector's and Property Appraiser' s buildings. CONSIDERATIONS: The roofs of C-1 and C-2 are in very poor condition and are in constant need of repair. A second roof was placed over the original roof thereby making it very difficult to locate the origin of the leaks. On November 12, 1997 five (5) bids were received to re-roof the buildings (see attached bid tabulation sheet). Collier County Roofing was the Iow bidder at $124,148.00 and met all required specifications. FISCAL IMPACT: This project was anticipated and budgeted in the amount of $150,000 in the Board's Capital Projects (301- 120435 - 80161) for FY 97-98. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: To award Bid # 97-2747 to Collier County Roofing Inc. to re-roof Buildings C-1/C-2 and authorize the Chairman to sign an Agreement with Collier County Roofing Inc. after review and approval by the County Attorney's Office. J,~::k Crognale," ~o~truction Manager /.~/Department of Facilities Management REVIEWED~Y:~ S~p ~amp, Director Department of Facilities Manag@ment REVIEWED By: ~~_ ~n r-.-,'~, ~w't,~f'/'/ Stephan Y. Carn~ll, Director Purchasing Department Leo E. Ochs, J'r,. . ~ . .,~.i is~rator Support Services ¢~s~on TABULATION FOR BID #97-2747 "Re-roofing Buildings Ci/C2" INVITATIONS SENT TO: 22 Vcndot~ POSTING DATE: October 15,1997 OPENING DATE: November 12, 1997 ! iO~t4mtTiE2> i.GOTI~-, ICt~FU.~ iCo~.u~u~Z. Co, I I I~.~WLCe'~ I0~ ~[A t=I.-A I[~C- I~Oc. I Re-roofing Buildings C-1/C-2 Total fixed Price Prompt Payment Terms: Addenda Acknowledged: ~% ~,days % days ~% __,days ~% days Net 70 days Net )0 ,days Net 30 days Net 30 days ,x s . .o ,x s .o John W. KL,'chncr, Purchasing Technician "No Bids" r¢ceiv.-d from: AWA R D P R O CE ID L' R E: Copies of all Proposals and T~bulations for this bid bare been forwarded m the initi~Jng department A~cr proposa;s :;c cvalu~:r:, the recommendation of award will bc posled (typically on Wednesday or Thursday) ouuidc the offices of the Purchasing De?~.n~;.-.' rr;or t~, I!-e p;-.scnta:Uon o[' award to the Board of County Commissioners. Parties Lntcrr~cd in thc status of the award process may c::.:::: :Xc ?;:r:ha:L-.g Dcpartmcnt at 941/774-8425 to vcrif'y thc offici~ staru~ of each contract. Subsequent to award, thc awardcc will bc notified by rc!:~: cfa ~.::::h~: order or rcccipt oFa contract for signaturc. 1991 TABULATION FOR BID #97.2747 POSTING DATE: October 15,1997 "Re-roofing Buildings C1/C2" OPEN131G DATE: November 12, 1997 INVITATIONS SENT TO: 22 Vendors I V~q:)OFL NA.,'~ I "~-T-,. ~:~ I I I I I I I I I Re-roofing Buildings C-1/C-2 Total fixed Price Prompt Payment Terms: Addenda Acknowledged: _% ,,.days % ~ys ~ ../. ~'~ays ___% ~y~ - Net 30 days Net_ 30 ... days Net_ 30 _ days Net 30 _ days ~.~S NO ,,.YES ,,NO .__.~S ,NO ,.YES NO %~,ITNESS: _ -- = John W. Kkch,ner, Purchasing Technician "No Bids" received from: ~.WARD PROCEDURE,.: Copies of all Proposals and Tabu1~ons for this bid have been forw=ded to the initiating depzr=ncnt. A,flcr gl propos=.Is arc evaluated, thc recommendation of award will bc posted (rypicaJly on Wednesday or Thu:sday) outside thc offices oft he pu.,d~zsin~ Dcpa,.':'~:n:, prior to thc prcsent~Hon of awed to the Botrd of CountT' Commissiont~. Panics interested in thc sta~s of the av,'trd process may contac: thc Purchtsing Dcpa;'t~cnt ~t 941/774-8425 to vcrif)' the of~citl sutus of t~ch contract. Subsequent m awizd, the aw~rdec will be notified by release of a purchase order or receipt of a con~'t for signa:urt. m:,. ' ~' ~"~/ J NOV 2 5 lg~7 I EXECUTIVE SUMMARY TO CONSIDER THE CREATION OF AN IMPACT FEE ORDINANCE FOR THE ISLES OF CAPRI AND THE OCHOPEE FIRE CONTROL DISTRICTS OBJECTIVE: That the Board authorize the County Attorney's Office to work with the Department of Emergency Services to develop an Impact Fee Ordinance for the Isles of Capri and the Ochopee Fire Control Districts. CONSIDERATION: Impact fees are a method of assuring that development and growth bears a proportionate share of the cost of capital facilities as a result of growth and development necessary to protect the public health, safety, and welfare. The Ordinance would allow for funds collected from fire impact fees to be used for the purpose of land acquisition, capital improvements and expansion of fire protection services within their jurisdictions. FISCAL IMPACT: A Fire Impact Fee and methodology study for the Isles of Capri and Ochopee Fire Districts has been completed by Fishkind & Associates, Inc. The Impact Fee study projected that residential units and commercial development could generate $925,730.82 in impact fees by the year 2020, or approximately $42,000.00 annually. (:Ls.~s of Cap~ S22,0C30, 0d-q:ee S;~O,(~0 ~y) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners conceptually approve and authorize the Emergency Services Department and the County Attorney's Office to prepare and advertise for Board consideration an Impact Fee Ordinance for the Isles of Capri and the Ochopee Fire Control Districts. PREPARED BY: REVIEWED BY: eff P,{ge, Commander y Service Department agg, Chief vices Department APPROVED BY: ~'~ (~ ~ Leo Ochs/~-~., Ac:{ministrator Suppo~..~S~rvices Division N 0 V ISLE OF CAPRI FIRE DISTRICT and OCHOPEE FIRE DISTRICT FIRE IMPACT FEE STUDY Prepared for: Diane B. Flagg, Chief Department of Fire & Emergency Services 3301 East Tamiaml Trall Naples, Florida 34112 Prepared by: Fishkind & Assoclates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 July 3O, 1997 AGENDA ITEM No. ~.~~._ NOV ,,,?~"~997 Pg._ ~ Isle of Caprl Fire Distrist and Ochopee Fire Dlstrlct Fire Impact Fee Study 1.0 Introduction 1.1 Purpose of Impact Fees A primary rationale for implementing impact fees is to cause new growth to pay for its own capital needs without burdening existing taxpayers. State and federal subsidies for capital infrastructure are declining, increasing the costs to local government and the local population. Impact fees help replace these subsidies so that new growth pays for the infrastructure it needs. Another rationale for implementing impact fees is to synchronize the construction of new or expanded capital capacity with the construction of new development. The collection of impact fees provides an alternative to debt financing by providing a funding source for the new capital infrastructure. ' ',',¥.,.,.rty designed impact fees will also provide greater cost recovery from d.~vP. Iopment that is more expensive to serve. Standard flat fees or taxes may result in lower cost development subsidizing higher cost development. Impact fees can be designed to reduce or eliminate this disparity by requiring development to pay for its full share of the cost of capital infrastructure. Assignment Fishkind & Associates, Inc. has been contracted by Collier County to develop a fire impact fee and methodology for the Isle of Capri and Ochopee Fire Districts. Cupitat Improvements 2.1 Determining Quantity and Cost of Capital Improvements Over time, new growth has, and will continue to demand, a proportionate share of the services provided by the fire department. The development of high-dso buildings in Isle of Capri will increase the residents in the area and generate demand for a new equipment. The specific type of development will also gE for a specialized apparatus, an aerial truck. The increased residential development outside of Everglades City in the Ochopee Fire District, has and will continue, to generate demand for another fire station. Although there are no fire facility standards in the two fire districts, the need for the additional fire stations and equipment are well documented by department staff. The value of the existing capital facilities and equipment were provided by County Staff; the new fire facir~ties and equipment has, when possible, been gathered from current sources. Most of the current costs were provided by the Chiefs of the two fire districts. J J 3.0 Proportionate Share of Capital Costs 3.1 Purpose The purpose in calculating the proportionate share of capital costs is based upon the idea that: 1) new development should not impose a financial burden on the community and 2) that new development shoul~ not have to pay for existing deficiencies in the community. 3.2 Factors 'l-here are several factors which must be considered in calculating the proportionate share of capital costs. According .to James Nicholas, et al in the book 'A Practitioner's Guide to Deve/opment Impact Fees,' these factors include: The cost of existing facilities The methods by which the existing capital improvements were financed The extent to which new developments have already contributed to the cost of the existing capital improvements through taxes and fees already paid The extent to which new developments will pay for existing capital improvements in the future through user fees. debt service payments, or other payments toward the cost of existing capital improvements The extent to which new developments are requ~ and/or dedicate capital improvements as development or construction approval Extraordinary costs, if any, in serving the new deve I _ 3pm t¥ ,5'"i997 Pg-.. ~ The time-price of differential inherent in fair comparisons of amount paid at different times. The current value o4 the existing fire depadment capital improvements are provided in Table 1. Ochopee Fire District's capital facilities and equipment are valued at $663,235. Isles of Capri Fire District's capital facilities and equipment are valued at $525,000. The majority of capital equipment was acquired through lease/purchase agreements. The lease payments have been paid through annual property tax assessments. Due to the relatively Iow taxable value of raw land in Collier County, only a small amount o4 the capital cost has been paid by undeveloped land through past ad valorem collections. Due to the high incidence of brush fires on vacant land in the County, any capital costs paid by vacant land would have already been used for brush fire protection. Therefore, no credit is deemed necessary for taxes already paid by vacant land owners in years prior to development. It is anticipated that property taxes funding the lease/purchase contract will continue to be the primary financing source for capital equipment. Therefore, new development should receive a credit for those future ad valorem taxes. The extraordinary costs of providing a new fire station and aerial truck in the Isle of Capri Fire Distdct and two new fire stations in the Ochopee Fire District are primary reasons for the implementation of this fire impact fee. Calculation of Fire Impact Fee Projected Capital Costs The projected capital requirements for Ochopee and Isle of Capri fire districls are provided in Table 2. The Ochopee fire distdct has a projected additional capital cost of $772,800 to cover the capital facilities and equipment necessary for new growth. The Isle of Capd Fire Distdct has a .projected additional capital cost of $779,600 to cover the capital facilities and equipment necessary for new growth. The total future capital cost is $1,552,400. 4.2 Residential · Commercial Ratio The second step in the impact fee calculation is to allocate the projected capital costs between residential and commercial users. A review of call ior service data showed that calls for service by the fire d :partr~e~lii~er~EM allocated approximately 60 percent to residential and 40 ~ commercial. Therefore, it is reasonable to allocate 60 of the cos~t,s to residential development and 40 percent of the costs to d 0Vn, - i lB97 development. Pi[. '-~" - AGENDA ITE.~ N 0V ,~,.5 1997 Pg. 4.3 4.4 Current Level of Service Calculation The calculation of the current level of service is provided in Table 3. After depreciation, the value of the current capital facilities and equipment is $831,765. Using the 60:40 ratio, $499,059 of the current value is allocated to existing residential development, and $332,706 is allocated to existing commercial development. With 1,727 residential units and 551,646 square feet of commercial development, the current level of service is: $288.97 per residential unit and $ 0.60 per square foot of commercial space. Residential Development Population projections for both fire districts were provided by the Collier County Comprehensive Planning Section These figures were divided by the number of years (10) to obtain the average population increase per year. This average annual increase was used to calculate a population increase of 3,853 by the year 2020. The number of households was calculated by dividing the 2020 population projection by the average household size. Since the two fire districts have large seasonal population fluctuations, and the average household size has been declining, 2 people per household was used as the divisor. The total increase in households was calculated to be 1,926 units (Table 4). These 1,926 units were divided into the residential capital cost of $835,560 to get a gross impact fee of $433.78. Commercial Development No commercial development projections were available from the comprehensive planning department. Therefore, a ratio between the .current number of commercial square feet and the current number o! households was created. This ratio was used to project an increase in commercial square feet of 615,291 by 2020 (Table 4). By dividing the commercial capital cost of $557,040 by the projected number of square feet provides a gross impact fee of $0.91 per square foot of commercial development. AGENDA ITEI~_.. No..__//__d.~_Z~_~. NOV 5' 997 Pg. ~ i 1 .1 l I Table 3: Isle o! Capri & Ochopee Fire Districts Current Cost er Unit Calculation Calls tot Service Percent 60% 4°°/° TotaJ Gross Capital Value Depreciation Total Net Capitat Value Total Residential Units Total Commercial Sq Ft Gross Cost per Unit $1,1 88.235 $831,765 $499,059 1,727 $288.97 $332,706 551,646 $0.60 Current Level of Service Cost/Unit $288.97 $0.60 No current excess capacity Vehicle calls, brush fires and marine activities not included Costs based upon existing capital inventory less depreciation Commercial Square Feet includes capmgrounds, hotels and motels NOV ~,~1997 4.5 4.6 4.7 Credits for Future Payments it is anticipated that all property owners will continue to pay an ad valorem tax to cover the existing and replacement lease/purchase equipment. Therelore, a credit for these future payments must be deducted from the gross impact fee calculation. The present value of the current annual lease payment of $28,000 is calculated and then allocated to residential and commercial development by the calls for service ratio (Section 4.2 and Table 4}. The credit for residential development is $116.21 per unit and the credit for commercial development is $0.24 per square foot. Net Impact Fee After the credit for future payments, the calculated net impact fee for residential development is $317.56 per unit. The net impact fee for commercial development is $0.66 per square foot. Since much of the demand for additional fire department facilities and equipment is created by the location of d~velopment rather than the amount of additional development, it is recommended that impact fees be established at the current level of service value of $288.97 per residential unit and $0.60 per square foot of commercial development. Extraordinary Capital Costs - High-Rise Development Add-On Fee High-rise development, three stories and higher, creates a unique demand on the tire departments. An aerial truck is required to properly fight fires in high-rise buildings. The cost of an aerial truck (approximately $309,000) is significantly higher than the standard pumper by about $159,000. This impact fee model assumes that: 1) the base cost (the cost of a pumper truck) would be covered by all development, but the additional cost of the aerial truck ($159,000) would be covered only by high-rise .development; and 2) that the aerial truck could be used to respond to calls at Iow-rise and high-rise development. The Isle of Capri fire district currently has approximately 386 high-rise ,jnits. Assuming that there are 5 lots available for 20-story high-rise buildings of 125 units each, there will be an additional 625 high-rise units constructed. It would be inappropriate to charge the 625 units for the total incremental price of the aerial truck. Therefore, the $159,000 incremental cost is divided by all 1,011 high-rise units. The additional aerial truck fee will be $157.27 per high-rise unit. AGENDA ITEM Pc. _ i i Table 4: Isle of Capri & Ochopee Fire District~ I_rnpact Fee Calculation CalLs for Service Percent Total Capital Cost lot New Growth Less Aerial extra cost Total Net Capital Cost Gross Cost per Unit Credits for Future Payments Calculated Net Impact Fee Existing Level of Service Value Proposed Net Impact Fee $1,552,400 $1,392,600 (8%, 20 yrs.) Estimated High-Rise Units Current High-Rise Unils Future High-Rise Units Cosl of Aerial Cost of Pumper Excess Cos! of Aerial 1,011 386 625 $309,000 $159,000 Additionat Fee for High Rise Residenflah 60"1,, $835,560 $433.78/unit ~/unit $317.56/unit $288.97/unit $288.97/unit $157.27/unit $557,040 $0.91 /sq. ft. ff Z2.. Isq. It $0.6O/sq. ft. So.so lsq. ft. J 1 J ] J popul~tion Growth thru 2020 Isle of Capri Population Growth Ochopee Population Growth Tolal Population Growth ' 2,017 (B~d on Collier County Comi~,hen~e Planning 2007 projections) ~ (Based on Collier County Comt:~ehert.~ve Prating 2007 projec~ons) 3,853 New Residential Units thru 2020 Isle of Capri Residential Units Ochopee Residential Units Total New Units 1,009 1,926 units 615,291 sq. ft. No current excess capacity Vehicle calls, brush fires and marine activities not Included Existing level of service requirements equaJ existing capital costs less depreciation Commercial square feet includes capmgrounds, hotels and motels Population Growth includes seasonal population People per Household: 2.0 Projected Commercial Sq FI/HH (551,646 / 1,747 319 Projecled capital improvements/acquisitions are part of County comprehensive Plan 4.8 Assumptions and Disclosures 1. This impact fee methodology assumes that there is a nexus between the County's Comprehensive Land Use Plan, Capital Improvement Program and the proposed impact fees. These plans typically provide the basis for establishing the need for new capital infrastructure. 2. This impact fee methodology assumes that there is not any existing excess capacity that can adequately respond to new development. 3. This impact tee methodology does not make use of any existing facility or level o! service standards. The lack of standards prevents the determination of existing shortfalls or excess capacity. 4. New capital requirements were tied to the current level of service and may be deficient or may exceed future demand generated from new growth. 5. This impact fee methodology assumes that all residential development has the same impact on the fire department. No calls for service data was available to distinguish between single family, multifamily, and mobile homes. $. This impact fee methodology assumes that all commercial development has the same impact on the fire department. No calls for service da;a was available to distinguish between the different types of commercial property. 7. No data was available for number of hotel units so they are included as commercial square feet. 8. This impact fee methodology assumes that the rescue boat operated by the Isle of Capd Fire District benefits the entire county and should not be part of this district's impact fee schedule. AGENC APPROVAL OF BUDGET AMENDMENTS BCC Agenda of 1 !/25/97 Road Impact Fee District 2 (333) Budget Amendment 98-059 P, oiid lmvact Construction Ol~r~ting Expense $10,000 Reserves ($10.000') Total Exvlanation; are needed to cover the cost to close oa the one parcel for the County Barn Road General Fund (001) Budget Amendment 9~061 FaCilities Manatemem Opiating ~ S174 Reserves (S174) Total Ftmd~ are being appropriated from General Fund Reserves to a project for employee picnic expenses. exceed $7r000. This total expenditure was previously approved by the Board in FY 97. No~ Io AGENDA ITEM NOV 2 5 1997 PC. ! BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 25, 1997 FOR BOARD ACTION: 1. ]5~ISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o A. Parks and Recreation Advisory Board - minutes of September 24, 1997 md agenda of October 22, 1997. Referred to BCC. AGENDA~EM No. t~. NOV 2 5 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE BUDGET AMENDMENTS TO FINALIZE FISCAL YEAR 1997 DEBT SERVICE APPROPRIATIONS. OBJECTIVE: Board of County Commissioners' approval of the attached lu97 budget amendments which will increase debt service appropriations to cover actual payments made on the 1997 Special Obligation Revenue Bonds, Health Department Note J-1 z,~d Isle of Capri Note I-1. CONSIDERATION: (1) Actual interest and fiscal agent fee payments on the 1997 Special Obligation Revenue Bonds exceeded the budgeted amount by $66,950. Therefore, additional budget in Fund 290 for fiscal year 1997 in the amount of $66,950 is needed for the 1997 Special Obligation Revenue Bonds. (2) Actual interest fees on Isle of Capri Note I-1 exceeded the budgeted amount by $77; ~erefore, additional budget in Fund 244 for fiscal year 1997 in the amount of $77 is needed for the Isle of Capri Note I-1. (3) There was budget for an estimated annual principal and interest expenditure of $51,000 in Fund 255. The Health Department requested that a final payment be made on Note J-l. Actual principal and interest charges incurred were $53,340 higher than budgeted. FISCAL IMPACT: (1) 1997 Special Obligation Revenue Bonds (Fund 290) - reduce reserves in the amount of :~5,350 and recognize additional interest revenues of $1,600 in order to appropriate the additional interest and fiscal agent fees on the 1997 Special Obligation Revenue Bonds. (2) Note I-1 (Fund 244) - recognize 1996 carry forward in the amount of $77 in order to appropriate the additional amount needed for the annual interest payment. (3) Note J-1 (Fund 255) - recognize 1996 carry forward in the amount of $4.~,121.36, additional revenue received from the Health Department in the amount of $2,905.50 and reserves in the amount of $4,300. Reduce actual interest charges which were $35 lower than budgeted in order to appropriate the additional amount needed for the final payment of the Health Department Note J-1. GROWTH MANAGEMENT: None RECOMMENDATION: The Board of County Commissioners approve the attached budget amendments for fiscal year 1997 in order to finalize the County's debt service funds. ..~-~ Prepared by:' [~-~ Ted.,O~:~ell, Senior Accountant/ Reviewed by:/ v,,~. lerk to the Circuit Court ~.j~J~-rr~es Mitchell, Finance uirec~or/ueputy Clerk Clerk to the Circuit Court Date ll~l~7 Date ///_~/~.~? Date ~,L AGENDA ITEM NOV 1 8