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Agenda 05/25/2010 Item #17B Agenda Item No. 178 May 25,2010 Page 1 of 107 EXECUTIVE SUMMARY RZ-PL2009-910: Port of the Islands Community Improvement District, represented by Robert Duane, AICP of Hole Montes, is requesting a Rezone from the Conservation (CON) and Resort Tourist (RT) Zoning Districts with a Conditional Use for essential services to the Public (P) Zoning District. Subject property is located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Collier County, Florida (Companion to V A-PL2009- 1077), OBJECTIVE: To have the Board of County Commissioners (BCe) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in hannony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is proposing to rezone the subject site in order to allow for the expansion of the existing water plant and the upgrading of the wastewater plant and associated essential service uses. Also planned is a structure that is to function as "a community meeting room" for the Community Improvement District (CID). All permitted uses by right in the P zoning district could be developed on site; with the exception of a Collection and Transfer Site for Resource Recovery. The petitioner has specifically excluded that use from consideration. The majority of the subject property has Conditional Use approval in the RT and CON zoning districts via Ordinance No. 92-59, for the existing water and wastewater treatment plant. Subsequent changes to the LDC no longer allow that use within the CON zoning district, therefore the petitioner is seeking this rezone. A copy of Ordinance No. 92-59 is included in the application material. The petitioner is adding a 1.1 acre triangular parcel to the original tract also. FISCAL IMPACT: The rezone by and of itself will have no fiscal impact on Collicr County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezone is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development Pagelof5 Port of the Islands, RZ~PL2009~910 Last Revised 515110 Agenda Item No. 17B May 25, 2010 Page 2 of 107 order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier Countv Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected are only provided for informational purposes; the information was not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is designated as Urban - Mixed Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Staff concludes that this petition may be deemed consistent with the Future Land Use Element. Please see the attached staff report for the detailed GMP consistency analysis. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since no EIS was completed as part of the rezone action, this petition did not require review by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition RZ-PL2009-910 on April I, 2010, and by a vote of 8 to 0 (Tor Kolflat did not attend) recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: Principal Permitted Uses within this project shall be limited as follows: A. Within the area that was formerly designated as CON zoning as shown on the attached zoning map in effect prior to this rezone, the uses are limited to only the following uses: I. Administrative service facilities. 2. Communication towers. 3. Essential public service facilities. 4. Park and recreational service facilities. 5. Parking facilities. 6. Safety service facilities. The following uses are specifically prohibited: I. Child care. 2. Collection and transfer sites for resource recovery. 3. Education facilities. 4. Educational plants. 5. Fairgrounds. 6. Museums. Page 2 of5 Port of the Islands, RZ-PL2009-910 Las! Revised 5/5/JO Agenda Item No. 17B May 25,2010 Page 3 of 107 7. Libraries. B. Within the area that was formerly designated as RT zoning as shown on the attached zoning map In effect prior to this rezone, the uses are limited to only the following uses: I. Administrative service facilities (including a community center). 2. Communication towers. 3. Essential public service facilities. 4. Park and recreational service facilities. 5. Parking facilities. 6. Safety service facilities. 7. Libraries. 8. Any other public structures and uses which are comparable in nature with the foregoing uses. The following uses are specifically prohibited: I. Child care. 2. Collection and transfer sites for resource recovery. 3. Education facilities. 4. Educational plants. 5. Fairgrounds. 6. Museums. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Conservation (CON) and Resort Tourist (RT) Zoning District to the Public (P) Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not latcr found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Strai2ht Rezones I. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? Page 301'5 Port of the Islands, RZ-P12009-91O Last Revised 5/5/10 Agenda Item No. 17B May 25, 2010 Page 4 of 107 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the de~,'Tee of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.1 06, art.II], as amended? Page 4 0[5 Port of the Islands, RZ-PL2009-910 Lasl Revised 5/5/10 Agenda Item No. 178 May 25, 2010 Page 5 of 107 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. -HFAC RECOMMENDATION: Staff recommends that the Board of County Commissioners Approve the request for RZ- PL2009-9l0 subject to staffs and the CCPC conditions of approval as listed in the attached Ordinance. PREPARED BY: Kay Deselem, Principal Planner, AICP; Growth Management Division Attachments: 1) Application; 2) staffreport; 3) location map; 4) Ordinance. Page 5 of 5 Port of the Islands, RZ-PL2009-910 Last Revised 5/5/10 Item Number: Item Summary: Meeting Date: Agenda Item No. 17B May 25,2010 Page 6 of 107 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 178 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: RZ-PL2009-910: Port of the Islands Community Improvement District, represented by Robert Duane, AICP of Hole Montes, is requesting a Rezone from the Conservation (CON) and Resort Tourist (RT) Zoning Districts with a Conditional Use for essential services to the Public (P) Zoning District. Subject property is located on 4.848 acres in Section 4, Township 52 South, Range 28 East, Collier County, Florida (Companion to VA- PL2009-1077) (CTS) 5/25/20109:00:00 AM Date Prepared By Kay Deselem, AICP Community Development & Environmental Services Planner, Principal Zoning & Land Development Review 5/10/20109:08:05 AM Approved By Date Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 5/10/201011:46 AM Approved By Date Ray Bellows Community Development & Environmental Services Manager - Planning Zoning & Land Development Review 5/10/201012:38 PM Approved By Date William D. Lorenz, Jr., P.E. Community Development & Environmental Services Director - COES Engineering Services Engineering & Environmental Services 5/10/2010 1 :58 PM Approved By Date Nick Casalanguida Transportation Division Director - Transportation Planning Transportation Planning 5/11/20108:14 AM Date Approved By Norm E. Feder, AICP Transportation Division Administrator - Transportation Transportation Administration 5/11/201011:15 AM Date Approved By Heidi F. Ashton County Attorney Section Chief/Land Use-Transportation County Attorney 5/12/20109:18 AM Date Approved By OMS Coordinator Agenda Item No. 17B May 25, 2010 Page 7 of 107 County Manager's Office Office of Management & Budget 5/12/20109:42 AM Approved By Jeff Klatzkow County Attorney Date 5/13/2010 2:22 PM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 5/17/20109:03 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/17/20106:24 PM A~~l\\WIili!~:~ 7B May 25.2010 Page 8 of 107 CoWl' County ~ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 1,2010 SUBJECT: RZ-PL2009-910, PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (COMPANION TO VA-PL2009-1077) PROPERTY OWNER/AGENT: Owner: Agent: Port of the Islands Community Improvement District 25000 Tamiami Trail East Naples, FL 34114 Robert L. Duane, AICP HoleMontes, Inc. 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone of the subject site from the Conservation (CON) and Resort Tourist (Rn Zoning Districts with a Conditional Use for essential services to the Public (P) Zoning District. GEOGRAPIDC LOCATION: The 4.801o-acre subject property is located at the terminus of Union Road in Section 4, Township 52 South, Range 28 East, Collier County, Florida. (See location map onfollowingpage) PURPOSEIDESCRIPTION OF PROJECT: The petitioner's agent explains in the cover letter dated December 31, 2009 that it is his client's intention to rezone the subject site in order to allow for the expansion of the existing water plant and the upgrading of the wastewater plant and associated essential service uses. Also planned is a structure that is to function as "a community meeting room" for the Community Improvement District (CID). AIl permitted uses by right in the P zoning district could be developed on site; with the exception of a Collection and Transfer Site for Resource Recovery. The petitioner has specifically excluded that use from consideration. Port oflhe Islands, RZ-PL2009-910 Revised 3/4/10 Page 1 of11 Agenda Item No. 17B May 25, 2010 Page 9 of 107 The majority of the subject property has Conditional Use approval in the RT and CON zoning districts via Ordinance No. 92-59, for the existing water and wastewater treatment plant. Subsequent changes to the LDC no longer allow that use within the CON zoning district, therefore the petitioner is seeking this rezone. A copy of Ordinance No. 92-59 is included in the application material. There were several conditions attached to that 1992 approval. Most conditions were iterations of what are now established requirements. Conditions J required the petitioner to provide a canopy tree every 30 linear feet and a 24 inch high hedge along the southern and western boundaries. It does not appear, based upon aerial imagery that much of any landscape buffers exist now. The petitioner has added the 1.1 acre triangular parcel indicated by a dashed line, to the original tract as shown below. Aerial (2009) subject property boundaries are approximate The petitioner has provided a conceptual site plan (see attachment) to accompany this rezone request because this rezone is a companion to a multi-faceted variance request, petition number V A-PL2009-1077. The variances are noted on the conceptual site plan. This plan shows the proposed structures, buffers and stormwater management/open space areas as well as the various tanks and treatment areas. The P zoning district limits building heights to 30 feet of zoned height or 35 feet in actual height. The petitioner has volunteered to limit all structures to one story. The site plan indicates that the front, side and rear yard setbacks requirements are all 50 feet. The first variance listed on the conceptual site plan indicates that a variance from the rear Port ofthe Islands. RZ-PL2009-910 Revised 3/4/1 0 Page2of11 Agenda Item No. 178 May 25, 2010 Page 10 of 107 setback is required for existing structures because those structures were built and approved while the property was zoned RT which has difference setback requirements. A variance is being sought to allow a proposed pump facility to be located closer to the rear property line also. For additional setback information please refer to the Site Design Table information provided later in this report. SURROUNDING LAND USE AND WNING: North: The Rod and Gun Club site and a communication tower, a 52-acre 1ract with a zoning designation of CON East: A 630-acre undeveloped preserve 1ract with a zoning designation of CON South: A 5~ acre cleared but undeveloped site that is part of the Port of the Islands Development, with a zoning designation ofRT West: A 5~ acre cleared but undeveloped site that is part of the Port of the Islands Development, with a zoning designation ofRT GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated as Urban - Mixed Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the Urban designation allows essential services as defined in the Land Development Code. Section 2.01.03 of the LDC identifies the proposed use as an essential service. In addition, the subject property lies within "Port of the islands" and is excerpted below from the Future Land Use Element. Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. Based upon the above analysis, Comprehensive Planning staff concludes that this petition may be deemed consistent with the Future Land Use Element. Transportation Element: Transportation Planning staff has reviewed the petition and has determined that there are no additional PM Peak hour impacts to the adjacent roadway network. As such, the network has sufficient capacity to accommodate this project within the five-year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Port ofthe Islands, RZ-Pl2009-910 Revised 3/4110 Page3of11 Agenda Item No. 17B May 25,2010 Page 11 of 107 Conservation and Coastal Management Element (CCME): Environmental staff has evaluated the proposed rezone application. The proposed site plan is consistent with the Port of the Islands development agreement. No changes are proposed that would impact Parcel I nor the native vegetation located in the northeast section of Parcel IV. Environmental staff recommends that this petition be deemed consistent with the pertinent objectives, goals and policies of the CCME. GMP Conclusion: The GMP is the prevailing document to support land use decisions such as this proposed PUD rezone. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM, and any other relevant GMP elements such as the Transportation and Conservation and Coastal Management Elements is a portion of the overall finding that is required. In conjunction with the PUD and Rezoning Finding provided later in this report that address FLUE Policy 5.4, staff believes the petition is consistent with all relevant GMP elements. Therefore, staff recommends that the petition be found consistent with the overall GMP. ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.03.05.1, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Services staffhas reviewed the petition and the site plan to address any environmental concerns. There is no ST/ACSC overlay shown over the parcel. Therefore, this petition was not required to submit an Environment Impact Statement (EIS) nor was a hearing before the Environmental Advisory Commission (EAC) required. Stormwater Manaflement Review: Stormwater Management Review Staff (Engineering) has reviewed this petition and has not voiced any concerns or offered any comments. TransDortation Review: Transportation Division staff has reviewed the petition and the site plan for right-of-way and access issues. The project does not have immediate or direct access to a Public right of way, and access is proposed via a private easement. Since no changes are proposed to any portion of Public right of way, Transportation Division staff recommends approval. Affordable HousinfJ Review: The petitioner did not evaluate nor is he proposing mitigation to offset any housing demands that may be created by the rezone action. Zonin1: Review: Staff has evaluated the uses proposed and their intensities and/or densities; the development standards such as building heights, setbacks, landscape buffers; building mass; building location and orientation; the amount and type of open space and its location; and traffic Port oflhe Islands, RZ-Pl2009-910 Page 4 of 11 Revised 3/4/1 0 Agenda Item No 178 May 25,2010 Page 12 of 107 generation/attraction of the proposed uses. Staff notes that the existing water treatment plan has existed at this site since the early 1990s seemingly without issue. The chart below compares the site development criteria of the existing zoning districts (R T and CON) and the proposed zoning district (P). Excerpts from lDC Site Design Standards Tables (lDC Section 4.02.01 ,A) 35 100 All numbers shown are the required minimum amounts except as noted All numbers shown are in feet unless otherwise noted The limitations of the P zoning district are tied to the most restrictive adjacent district- in this case the CON district is the deciding factor The table and its footnotes show the rezoning to the P zoning district will increase the required setbacks where the site is currently zoned RT. The site was developed pursuant to the CON and R T zoning district requirements therefore variances in the P district would be required to allow the RT zoned structures to remain legally conforming. The variances are discussed in greater detail in the staff report prepared for the variance petition. In any case, staff is of the opinion that the proposed change to the P zoning district from the RT and CON zoning districts should not have an adverse effect upon the surrounding area, especially given the fact that the surrounding area is largely undeveloped. Additionally, the water and wastewater treatment facility upgrade will serve the surrounding area, thus the facilities improvement would be a crucial element to additional development. According to LDC Subsection 2.03.05.A, the purpose and intent of public use district (P) is to: Accommodate only local, state and federally lJWned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. The proposed use is consistent with the purpose and intent of the proposed zoning district. Rezone Findinl!S: LDC Subsection 10.03.05.1. states, "When pertaining to the rezoning ofland, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable" (The criteria are shown in italicized print followed by staff's responses provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the Growth Management Plan. Port of the Islands, RZ-PL2009-910 Revised 3/4/10 Page 5 of 11 Agenda Item No. 17B May 25,2010 Page 13 of 107 As noted in the GMP Consistency portion of this report, the proposed development is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. The project remains consistent with the goals and objectives of the FLUE and the applicable portions other elements. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern; As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, there is limited development adjacent to the site. The nearest use is the hotel, which is located approximately 1,000 feet to the south along Union Road. The nearest residential use is Orchid Cove Condominiums. The nearest condominium unit is approximately 1,500 feet from the subject site. Additionally, the condominiums were developed after this site was developed for the water and wastewater treatment facility. To the northwest is the Rod and Gun Club; that use is approximately 800 feet from the nearest property boundary of the subject site. The uses proposed in this petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Although it could be argued that rezoning to the P zoning district for this site would create an isolated district, the proposed rezoning district is directly related to the adjacent and nearby districts The P zoning district would allow the owner to update the essential services that support the allowable uses in the adjacent zoning districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the proposed district boundaries are logically drawn because they follow property ownenhip boundaries and provide for a logical expansion of the existing use. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. As noted in the petitioner's Evaluation Criteria (included in the application material), there is a need to upgrade the existing facility "to meet current water supply and treatment regulations of the Florida Department of Environmental Protection [FDEPJ. No increase in capacity is planned. Only replacements of out-of-date equipment to meet the FDEP consent order for treatment" is planned, 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed change should not advenely influence living conditions in the neighborhood because much of the site is already developed with a water plant and wastewater facility. Port oflhe Islands, RZ-Pl2009-910 Revised 314/1 0 Page6of11 Agenda Item No. 17B May 25, 2010 Page 14 of 107 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the project at this time, This project was evaluated for GMP consistency as shown in that section of this report. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem; Because much of the site is already developed, the proposed change should not create drainage or surlace water problems. In addition, the LDC provides development standards that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will necd to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. The site plan provides water management area which should improve the site's drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Staff is of the opinion that the proposed rezone will not adversely affect property values, However, if this petition were approved, any subsequent development would need to comply with the applicable federal state and local standards for development. This development should not significantly reduce light and air to adjacent areas; thus the development proposed, if approved, should not negatively affect light and air permeation into adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; This is a subjective determination based upon anticipated results which may be internal or external to the subject property, Property valuation is affected by a host of factors including zoning; however zoning by Itself mayor may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Properties abutting this property are largely undeveloped, or the developed area is not proximate. This site has been utilized for the same use for many years; thus any adjacent property owner could theoretically be aware of the use, The basic premise underlying aU of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. Port of the Islands, RZ -P12009-910 Revised 3/4/10 Page 7 of 11 Agenda Item No. 178 May 25,2010 Page 15 of 107 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed development complies with the Collier County Comprehensive Plan, known as the GMP. That document is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property already has Conditional Use approval that aUowed the original development, however as noted previously, the LDC changed the aUowable uses aUowed in the CON zoning districts such that the use is no longer aUowed. The rezoning is mandated to allow expansion/redevelopment of the site. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained, 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; As noted previously, the proposed rezone boundary foUows the property ownership boundaries, Only a smaU portion of land, a 1.1 acre tract, is being added to the already approved Conditional Use tract, According to the site plan, that tract is to be developed with the community meeting room. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban- designated areas of Collier County, Staff is of the opinion the condition listed below should limit the project development to what the petitioner has proposed and to that which the petitioner has committed. This condition will ensure that the project is not out of scale with the needs of the community, The condition is as foUows: The Collection and Transfer Site for Resource Recovery use is not an aUowable use on this site; that use was voluntarily excluded by the petitioner. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, those sites may not be as proximate to the water and wastewater treatment facilities users. This site is the logical location and it is already being utilized the water and waste water treatment facility use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed rezone is consistent with the GMP as discussed in other portions of the staff report. Port of the Islands, RZ-PL2009-910 Revised 314110 Page8of11 Agenda Item No. 17B May 25, 2010 Page 16 of 107 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The site has already been developed with the use proposed; however, additional site alteration would be required to accommodate the proposed site plan, This project will undergo extensive evaluation relative to aU federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process, 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended The project will have to meet aU applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities and the project wiD need to be consistent with aU applicable goals and objectives of the GMP regarding adequate public facilities, except as it may be exempt by federal regulations, This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff penons have concluded that no Level of Service wiD be advenely impacted with the proposed rezone. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCe) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The Neighborhood Information Meeting was held on Thursday, February 25,2009, at 5:30pm, at the Port-of-the-Islands Resort and Marina. Kay Deselem, AICP, Principal Planner from Collier County staff opened the meeting followed by a short presentation by Robert Duane, AICP of Hole Montes, Inc. Two members of the Port-of-the-Islands Community Improvement District were in attendance along with one other interested party. After the meeting closed at 5:45pm, one other resident did arrive and he was briefed on the project. The presentation described the requested zoning and variance application which is a companion application to the zoning application. Mr. Duane indicated in his presentation the CON District no longer allows sewer and water facilities as a permitted use thus necessitating the need to rezone the subject to the P District from the RT and CON Districts, a portion of the subject property currently has a Conditional Use for sewer and water facilities. Mr. Duane advised the attendees that the use of the property in the P District would only be for uses that served the needs of the Port-of-the-Islands. The collection and transfer sites for resource recovery was a prohibited use in the proposed rezoning application as this was the most noxious use in the list of permitted use in the P District [in his opinion] and that use would not appear to serve the needs of the residents of the Port-of-the-Islands well. The attendees agreed. A hand-out of permitted uses for both the existing and the proposed zoning was provided. The Port of the Islands, RZ-PL2009-910 Page 9 of 11 Revised 3/4110 Agenda Item No. 178 May 25,2010 Page 17 of 107 handout was accompanied by a cover letter that reiterated the commitment that transfer sites for resource recovery was a prohibited use. The meeting adjourned at 5:45p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on March 10,2010. RECOMMENDATION: Staff recommends that the CCPC forward Petition RZ-PL2009-91O to the BCC with a recommendation of approval with the following condition: The Collection and Transfer Site for Resource Recovery use is not an allowable use on this site; that use was voluntarily excluded by the petitioner. Port oflhe Islands, RZ-Pl2009-910 Revised 3/4110 Page 10 of 11 Agenda Item No. 17B May 25, 2010 Page 18 of 107 PREPARED BY: ~~ ~ ()./d,7/IO KA D ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES REVIEWED BY: /2~_..) Q /iuP - 3'Z../O RA YMINi:> V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES ~{J~ O\-P ~ o3.o4-ZoID Jl3.~ D: L~., DIRECTOR DATE DEPARTMENT OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES ~\.~t" MINISTRATOR DA ~ ENVIRONMENTAL SERVICES DIVIS ON Tentatively scheduled for the June 8, 20 I 0 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: t;j~~f.~~ '-(-(<;i"-(() DATE Port oflhe Islands, RZ-PL2009-910 Revised 2/27/10 Page 11 of 11 Co~r County ~ Agenda Item No. 17B ORmtN~i COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 STANDARD REZONE APPLICATION' .... PROJECT NO PROJECT NAME DATE PROCESSED [ RZ.PL2009.910 REV: 2 ~ PORT OF THE ISLANOS COMPANION: VA.PL2009.1077.. DATE: 2119110 DUE: 3119110 APPLICANT/AGENT INFORMATION NAME OF APPLlCANT(S) PORT-OF-THE-ISLANDS COMMUNITJY IMPROVEMENT DISTRICT ADDRESS 25000 TAMIAMI TRAIL EAST CITY NAPLES STATE FLORIDA ZIP 34114 TELEPHONE # 239-254-2000 CELL # WA FAX # 239-254-2097 E-MAIL ADDRESS:RONBENSON@HMENG.COM NAME OF AGENT ROBERT L. DUANE, AICP/HOLE MONTES. INC. ADDRESS 950 ENCORE WAY CITY NAPLES STATE FLORIDA ZIP 34110 TELEPHONE # 239-254-2000 CELL # WA FAX # 239-254-2099 E-MAIL ADDRE5S:BOBDUANE@HMENG.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Co~r County ~ Agenda Item No. 17B May 25, 2010 Page 20 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additianal sheets if necessary. Information can be found an the Board of County Commissioner's website at htto:/ Iwww.collieraov.net/lndex.osox2Dcce=77 4 NAME OF HOMEOWNER ASSOCIATION: THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT (WHILE NOT AN HOA FOR PRACTICAL PURPOSES. FUNCTIONS LIKE ONE) MAILING ADDRESS 25000 T AMIAMI TRAIL EAST CITY NAfill STATE .E!, ZIP 34114 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP Co~r County ~ Agenda Item No. 17B May 25, 2010 Page 21 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by on INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list 011 parties with on ownership interest os well os the percentage of such interest. (Use additional sheets if necessary). Name and Address % of Ownership Port of the Islands Community Improvement District, on independent special district established pursuant to Chapter 1 90 FL Stat 25000 Tamiami Trail East, Naples, FL 34114 - b. If the property is owned by 0 CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership c. If the property is in the nome of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership Co~'Y Cow.nty ~ Agenda Item No. 17B May 25,2010 Page 22 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 d. If lhe property is in the name of a GENERAL or LIMITED PARTNERSHIP, list lhe name of lhe general and/or limited partners. Name and Address % af Owner.hh, e. If lhere is a CONTRACf FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list lhe names of lhe contract purchasers below, Including the officers, stockholders, beneficiaries, or partners. Name and Addres. % of Ownershi.. Date of Contract: f. If any contingency clause or contract terms involve additionol parties, list 011 individuals or officers, if 0 corporation, partnership, or trust. Name and Addres. g. Dote subject property, acquired [Zj leased 0 8/30/1994 & 12/22 2009 Term of lease _ yrs../mos. If, Petitioner has option to buy, indicate dote of optlon:!iLA and dote option Co1N~r County ~ Agenda Item No. 178 May 25, 2010 Page 23 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 terminates:!'UA. ar anticipated dosing date .t!LA h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Co~l" County ~ Agenda Item No. 17B May 25, 2010 Page 24 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239) 643-6968 PROPERTY DESCRIPTION Legal Description of Subjecl Property: (If space is inadequate, attach on separate page.) If request involves change to more than one %onlng district, Include separate legal description for property involved In each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) If required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concernin.g the legal description, on engineer's certification or sealed survey may be required. Seclion/TawnshipjRange 04 j ill j ill lot: HJ.A Block: HJ.A Subdivision: HJ.A Plat Boak N.LA Page #: HJ.A Property I.D. #: 01058920209 Metes & 80unds Description: See attached leaal desrh,tion Size of orODertv: Irreaular ft. X _ ft. = Tatal Sq. Ft. _ Acres 4.848 Address/aenerallocatian of subiecl praDertv: 12700 Union Road. Naples. FL 34114 ADJACENT ZONING AND LAND USE Zanina land Use N CON VACANT & COMMUNICATION TOWER s RT VACANT E CON-ACSC/ST VACANT w RT & CON VACANT & GUN RANGE Does the owner of the subjecl property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). SectionfTownshipjRange -! -!_ Subdivision: Lot: Block: Plat Book: _ Page # _ Properly I.D.#: _ NOT APPLICABLE Metes & Bounds Description: _ Co1N~r County ~ Agenda Item No. 17B May 25, 2010 Page 25 of 107 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLJERGOV.NET REZONE REQUEST This application is requesting a rezane from the CON & RT zoning district(s) to the f. zoning dislrict(s). Present Use of the Property: Sewer and water facilities and vacant land. Proposed Use (or range of uses) of the properly: Essential services (sewer and water includina community meetina room). EVALUATION CRITERIA Pursuant to Section 10.03.05.H. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Plonning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include ony backup materials and documentation in support of the request. SEE ATrACHED EVALUATION CR:ITERIA Standard Rezone Considerations fLOC Section .) O.03.05.H.l ) . Whether fhe proposed change will be consistent wifh the goals, obiectives, and policies and future land use map and the elements of the growth management plan. 2. me existing lond use peffern. 3. The possible erection of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries ore illogically drawn in relation to existing conditions on the property for the propesed change. 5. Whether changed or changing conditions mdke the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will crecte or excessively increase traffic congestion or crecte types of traffic deemed incompetible with surrounding land uses, because of peck volumes 01' proiected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to odiocent areas. 7 O. Whether the proposed change will seriously affect property values in the odiocent area. eo:mr County ~ Agenda Item No. 17B May 25,2010 Page 26 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 I 7,' Whether the proposed change will be a deferrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constilvte a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in dis/ricts already permiHing such use. 16. The physicol characteristics of the properly and the degree of site alteration which would be required to make the properly usable for any of the range of pofential uses under the proposed zoning clossificaf,'on. 17. The impoct of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Callier County growth management plan and as defined and implemented through the Collier County Adequafe Public Facilities Ordinance [Code ch, 106, art. If], as amended. I B. Such other fadors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You mey wish to contact the civic or property owners association in ille area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect prapertv: To your knowledge, h,?s a public hearing been held on this property within the last year? If so, what was the na11Jre of that Hearing? No OfficiallnterDretations or Zonina Verifications: To your knowledge, has there been an official interpretatian or zoning verification rendered on this property within the last year? ~ Yes 0 No If so, please provide copies. Additional Submil1al requirement., In addition to this completed application, the following shall be submitt~d in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; Co~T County ~ Agenda Item No. 17B May 25, 2010 Page 27 of 107 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLJERGOY.NET b. If lhis rezone is being requested for a specific use, provide fifteen (15) copies of 0 24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8V," x 11" copy of site plan], drown to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional caples of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAC), or CCPC); all existing and proposed structures and lhe dimensions thereof, . provisions for existing andlor proposed ingress and egress (including pedestrian Ingress and egress to the site and the structure(s) on site), . all existing andlor proposed parking and loading areas [include matrix Indicating required and provided parking and loading, Including required parking for lhe dlsabledJ, required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), · proposed andlor existing landscaping and buffering as may be required by the County, c. An architectural rendering of cny proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 10.02.02. of lhe land Development Code (lDe) , or a request for waiver If appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken wilhin the previous twelve monlhs), minimum scale of one inch equals 400 feet, .shall be submitted. Said aeriol shall identify plant andlor wildlife habitats and lheir boundaries. Such identification shall be consistent with Florida Department of Transportation land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of lhe required portion of native vegetation to be preserved (per lDC Section 3.05.07.B.1.). f. Statement of utmty provisions (with all required attachments and sketches); g. A Traffic Impact Statement (llS), unless waived at the pre-application meeting; h. A hi>torical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements os may be applicable ta specific conditional uses and identified during lhe pre-application meeting, including but not limited ta any required state or federal permits. Seelion 10.03.05.B.3. of the land Development Cade requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final aelion on this item, please remove all public hearing advertising sign (s) immediately Co~r County ~ Agenda Item No. 17B May 25,2010 Page 28 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT 2. MAILING ADDRESS: 25000 TAMIAMI TRAIL EAST CITY NAPLES STATE FL ZIP 34114 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 12700 UNION ROAD 4. LEGAL DESCRIPTION: Section: 04 Township: 52S Range: 28E Lot: N/A Block: N/A Subdivision: N/A Plat Book Page #: Property I.D.#: 01058920209 Metes & Bounds Description: See attached legal description 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM rgJ PROVIDE NAME The Port-or-the-Islands CID d, PACKAGETREATMENT PLANT D (GPD capacity) _ e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM rgJ PROVIDE NAME The Port-of-the-Islands CID d. PRIVATE SYSTEM (WELL) D 7. TOTAL POPULATION TO BE SERVED: N/A 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK N/A AVERAGE DAILY N/A B. SEWER-PEAK N/AAVERAGEDAILYN/A Co~r County ~ Agenda Item No. 17B May 25, 2010 Page 29 of 107 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET A~ WATER-PEAK NjA AVERAGE DAilY N/A B. SEWER-PEAK N/AAVERAGEDAllYN/A 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: N/A. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building pennits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision StatementRJM 10117/97 Co1ff~r County ~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET BLAlIIK PAGE Agenda Item No. 17B May 25,2010 Page 30 of 107 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 Co~T County ~ Agenda Item No. 17B May 25.2010 Page 31 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 REZONE - STANDARD (RZ) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITT AlS Will NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Additional set if located in the Bayshore/Gateway Triangle [X Redevelooment Area 1 Comoleted Aoolicotion (download from website for current form) 20 l5< Pre~Aoollcation meetina notes 20 l5< Deeds/leaal's 3 rx list identifvino Owner & 011 parties of corporation 2 [gJ Owner / Aaent Affldav~ sianed & notarized 2 I>< Comaleted Address/no Checklist 2 I>< Environmental Impact Statement (ElS) and digital/electronic copy of EIS or n exemotion justification 3 [gJ Historical Surveyor waiver reauest 4 [gJ Utilitv Provisions Statement w /sketches 4 0 15<1 Survey _ sianed & sealed 4 [gJ n Traffic Imoact Statement (TIS) or waiver Iw~h applicable fees) 7 15<1 n Recent Aerial Photograph (with habitat areas defined) min scaled 1 "-400' 0 [gJ 5 Electronic copY of all documents and plans (CORam or Diskette) 1 15<1 0 Project Narrative 20 15<1 n Site Plans 20 [gJ Inocated in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Applicant must contact Mr. Gerry 1. Lacavera. State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a.(b)i.c. Fees: r:r [gJ [gJ [gJ o o [gJ [gJ Applicat;on Fee, $6,000 + $25 per acre $100.00 F;re Code Rev;ew $750.00 Comprehensive Planning Consistency Review $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre.- application meeting shall not be credited towards application fees and a new preMappJication meeting will be required). $2500,00 Environmental Impact Statement review fee $1000.00 listed/Protected Species Survey (If EIS not required) $925.00 legal Advertising costs for cepe meeting (to be reconciled upon receipt of invoice from Naples Doily News). $500.00 legal Advertising costs for Bee meeting Separate Check for Transportation Fees (Refer to Exhibit A): o $500.00 Methodology Rev;ew Fee "'Additional Fees to be determined at Methodology Meeting Fee Total $ 7,900.00 Note' An additional fee for the 5'h and subsequent re-submlttal Will b)7essed at 20% of the Original fee. ,;::2./J ~ 2/7 ~e/V AppJu::ant / Agent SIgnature Date Agenda Item No. 17B May 25, 2010 Page 32 of 107 AFFIDAVIT WefI. THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT being first duly sworn, depose and say that well amlare the owners of the property descn'bed herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made It part of this application, ate honest and true to the best of our knowledge and belief Well understand that the information requested on this application must be complete and accurate and that the content of this foDD, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize ROBERT L. DUANE. MCP & RONALD E. BENSON. JR.. PH.D.. P.E. to act as our/my representative in any matters regarding this Petition. )fJ~~ Signature of Property Owner DALE LAMBERT. CHAIRMAN OF THE PORT-OF- THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT Typed or Printed Name of Owner Typed or Printed Name of Owner The fgregOi'fJ.,1lStrument was adawwledged before me this ~ day of (Jt;p _ . 200C? , by &.. L.:i jY1 b", r + who is personally known to me or has produced F'L [) L as identification. State of Rorida COWlty of Collier (Signature 0 Notary Stamp . C;\Dooum_ aDd Scttings\Da1. LambcrtlLooal SottingslTomparmy _FilcsIOLKB2IAffidavil. R<:zonc.doc Agenda Item No. 17B May 25, 2010 O~ ftil 'tf A l AFFIDAVIT We!I, THE PORT -OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT being first duly sworn, depose and say that we!I amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We!I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize ROBERT L. DUANE. AICP & RONALD E. BENSON. JR.. PH.D.. P.E. to act as ourlmy representative in any matters regarding this Petition. ):J~~~ Signature of Property Owner DALE LAMBERT. CHAIRMAN OF THE PORT -OF- THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT Typed or Printed Name of Owner Typed or Printed Name of Owner The fPregOirJ;,nstrument was acknawledged before me this ~ day of ()cp _ . 200Q, by k L4'" be" r + who is personally known to me or has produced FL [)L as identification. State of Florida County of Collier (Signature 0 Notary Stamp RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 211/10 C:\Documcnts and Settings\Dale Lambert\Local Settings\Tempomry Internet Files\OLKB2\Affidavit - Rezone.doc Co1ff:l' County ~ Agenda Item No. 17B May 25,2010 Page 34 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such Interest. (Use additional sheets if necessary). Name and Address % of Ownership Port of the Islands Community Imnrovement District an Independent special district established pursuant to Chapter 190, FL Stat 25000 Tamiami Trail East Naples, Fl 34114 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownershi" . c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address % of Ownership RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 2/1/10 "-~._.-.< Co~T County ~ Agenda Item No. 178 May 25, 2010 Page 35 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address % of Ownership e. If there Is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address % of OwnershiD Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property, acquired I2J leased 0 8/30/1994 & 12/22 2009 Term of lease _ yrs./mos. If, Petitioner has option to buy, indicate date of option: !::lL6 and date option Co~'Y County ~ Agenda Item No. 17B May 25, 2010 Page 36 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 terminates: JiLA, or anticipated closing date .b!LA h. Should any changes of ownership or changes In contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, It is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. DEVELOPMENT AGREEMENT Agenda Item No. 178 May 25, 2010 Page 37 of 107 This Agreement is between the Port of the Islands Co=unity Improvement District (CID), whose address is c/o District Offices, 5726 Corporation Circle, Ft. Myers, FL 33905 and BRH Enterprises, LLC, a Florida limited liability company (BRH), whose address is 425 Ridge Ct., Naples, FL 34108. A. BRH is the current owner of a certain parcel of property within the boundaries of the CID and adjacent to property owned by the CID on which the CID operates a waste water trea1ment facility and potable water production and trea1ment facility. D. BRH wishes to have the right to relocate Union Road in the future. E. CID is willing to allow ilie facilities to be relocated under the terms of this Agreement. NOW TIffiREFORE, in consideration of the premises and the mutual covenants contained herein, which together are adequate and sufficient consideration for ilie promises to be kept, ilie parties agree as follows: I. BRH is authorized to retain ilie current configuration of Union Road along the western portion of ilie CID's water and wastewater trea1ment plant site and is auiliorized to modify the alignment of Union Road in ilie future when preparing site development plans for BRR's property, provided BRR completes ilie construction of the road at its expense and to standards which Collier County will require at iliat time. Placement ofilie final asphalt lift will be coordinated wiili the CID's repaving ofilie souiliern portions of Union Road. Union Road must remain a public road for access to the CID utilities property and ilie Gun Club and for auiliorized access to state lands north ofilie CID boundaries. BRH grants to CID temporary right of use of ilie transitional segment between ilie existing alignment and new road alignment until such time as BRH identifies the final alignment of Union Road. . 2. BRH will transfer to CID by quit claim deed within thirty days of this Agreement a parcel ofland consistiIig of one acre adjacent to the CID's water and wastewater trea1ment plant site to replace ilie previously permitted and constructed stormwater management system. The location ofilie subject property is illustrated in Exhibit 1 as "Parcel A", being approximately 1.116 acres. CID recognizes and acknowledges that Parcel A will have 6 ERCs allocated to it. 3. BRH shall provide a minimum lO-foot-wide easement for any existing CID pipelines which may no longer be within the existing 35 foot Union road right-of-way following any realignment of Union Road; and shall pay all costs associated wiili relocating any such pipelines in ilie event relocation is desired by BRH. Any such relocation of utilities will be in accordance RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 211110 Agenda Item No. 176 May 25, 2010 Page 38 of 107 with plans approved by the CID's engineer and shall meet Collier County utility standards. A portion of the future pavement may be located over CID's existing lineal utility facilities. Agreeing to be bound, the parties have executed this Agreement on the date indicated. WITNESSES Port of the Islands Community Improvement District, an in~ district Q~v D~eLwnbe~cnwnnan ' Date: \ ,,\ ~'" Signature PrinfNwne ~ ~~:M t;. Print Name c::::::::-.- Bev-.'::>uv--- ~. / STATE OF FLORIDA COUNTY OF COLLIER Acknowledged and subscribed before me on thi~~Of 8J~ ,2009, by D~e Lambert as chwnnan of the Port of the Islands Community Improvement District. He is"kf person~ly known to me or U produced as identification. (SFAL) ~;t--- Notary Pub I +"<~~~~ CoILVIN'IEAGUE *.~.. MYCOMM/SSlONfDD615B04 ~~ EXPIRES:November19,2010 ....OFf\,d". BondofllwIl<ldgolHolatys,,,,,," WITNESSES In Il~ Signa!::J 'I~l\~ I-l G1USTIZ!Il. Pitw~ S1:1e ~C;,~b~ Print Name STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 17B May 25, 2010 Page 39 of 107 BRH En rprises, LLC, a Florida limited ompany~ Bruce R. Holecek, Manager Date: /o/,;} q /0 q Acknowledged and subscribed before me on this ~ day of October, 2009, by Bruce R. Holecek, as Manager of BRH Enterprises, LLC, a Florida limited liability company, on behalf of said company. I;:!e is personally known to ~. H.GJUSTlZIA Jt;. jj.~~ Notary ~lic ' ~ Agenda Item No. 178 L.JM May 25,2010 .... Page 40 of 107 HOLE MONTES ENGMERS'Ft.ANIIRS.lUl\mDlS """"""1JlCIII<CIIJIE 95DErn:ontWIIf'Haples.Aorlda341tO'Pbone::2'39.2S4.2000'FIX:239.254..2075 HM PROJECT #2008.011 4J29J2008 REF. DWG. #8-6355' LEGAL DESCRJPTION: A PARca OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOU1H, RANGE 28 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH. RANGE 2B EAST. COWER COUNTY, FLORIDA; THENCE RUN S.OO'3T46"E.. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARca OF LAND HEREIN DESCRIBED: THENCE CONTINUE S.00"37'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4. FOR A DISTANCE OF 334.23 FEET: THENCE RUN N.45'37'46"W., FORA DISTANCE OF 269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE . RIGHT. HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAl. ANGLE OF 45'00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OFN.23'OT46"W.. FORA DISTANCE OF 64.60 FEErTO THE END OF SAID CURVE; THENCE RUN N.00"37'46"W., FOR A DISTANCE OF 65.06 FEEr: THENCE RUN N.69"22'14"E.. FOR A DISTANCE OF 215.00 TO THE POINT OF BEGINNING: CONTAINING 1.116 ACRES. MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA AS BEING S.OO"3T46"E. HOLE MONTES, INC. CERTIFICATE OF AU1HORIZATlON LB # 1772 BY:~~'~ TH MASM.M RP P .S.M. #5628 STATE OF FLORIDA ~""'~_"~fIIo9lI_bolIm.tlOC Nap!fIl.FortMyea..\IenIttI ;:j 4: t) Ul N t) 0 51 ~ ~ c; ;:;0 "'" 9: <>", z" ~p ~~ z 0" ~"': i'i::l ~8 tilO o~ 215 51" a:" ~u a ~ ;., '" ~ ,.., w , <D .... 1-- t" o o III '" z Z z (3 w '" u.. o f- Z 6 a." ~ b o 01 :!l, :"1 } r: ~ I f- l is .e., :::E ~I' ~ · "'11 M "'u \'II ~-t &.1 ()- ~I u..~ re lJ o~ I ~, f-.~ i 8~: VD..it;: "0 ~'" f 0 " .. o ~.!l ""'0>. <S'.pc> ~ ~19.& '<"f.'~ -} N 89'22'14" E 215.00' ~ 0 ~~ to I 0 z 0 ;:: ll... ;r <..> Vl ..... CI -' <( C) ~ <( >- z: <( c.. :::!: 0 <..> <..> <( g :I: t.> I- ..... .. ~ Vl >- 1!l ~ 2 ~ l!ii!l~ .. :: ~11;B!i !;! ~ !i,E ~l!!~~ .. ~~:s f.Wl I li 0 gd~~~ ~t'Oi~i ~ g.t!.g i z: .i=$ iL;:~ fll :ell gl ~ o! :;:- a! .- ~~ ~ ~ ;iij li~ ~ ~ ~ ~ P\<O_e "~I''l~ 1IIlll.~1t ~ too:: 'Vt .HI". "''''ft _l r..,.'HJIlt:/\IIOi'Q~"fInl') J~ "WI>Il ~ q1Jllf1lUJ\~"""';-S\0Dt:lI\'fl TIiII '*-'...... II: ......... y-..... YOQIG.VAllASIIIIIIBI'. VAlHADOE&~P.A. .. LAlllllLOAI:I8lYI. surm_ .........K ~ Agenda Item No. 178 1863946 OR: 1989 PG: l05f'1ay 25, 2010 _ II _ _ If lIWII_i'ie 42 of 107 "/lJ/" II II.. _I. -. ems 1M 21tlt." ..: III II." llIC-.ll 10." loti, __nu lIanll III!lIS 11.11141 ...... Dl _ Dl05892020~ _ .. DO 65-0086035 Warranty Deed n.JaIadoDlare, Mado.... 3<' daJcf August:,lJ94 A.D.. - PORT 01' TBB ISLAlCDS, INC.., a corporation existing under the 1aws of the s\:at:e of F10rida ,graotor,alllt PORT 01/ TBB ISI.1OO>8 COlIMlDll:TY IMPROYBMENT DISTRICT, a polit:;,cal subdivision, _......lr.l030D NW 11th MllNOR., COIlAL SPRINQS. I/lorida 33071 F10rida , J:rllIllte. g~~:l%~'iier (Corporate Seal) ..._--_......-.... .3o"fj. .....~ August, 094 .,. TIIOMAS L. BlUlllIlRD. President: of PORT 01/ TBB iSLdDs; INC., .....;i;~;:>. ' .....'"'-:."::::'~:: 1'''' . Florida ~ ~~.~ Printed Name,!... :1". h,. " i ::; NOTAUI'U1II.IC' .....""""""""_ ""*rhWlr.lloIool_ "''-bpino.9, I"' k.ao.o...).o.f.II..-.......... . . ':"'" #' ce l/l"flO ~-' = -"" '..,.... -........... """"~ ....-. ..,....".~-- . ~.' "'.~. , . ~ - . . "'~~-:": ~;1t't89' ro: 1%S~da ~:~ 2~~2m Page 43 of 107 l"ltOPDCTY CESeJlPDOM " ,..w::n. rr LAND LQCArtD IN I'H[ EAST 1/2 or stCllOH 4. 10M1~ M SCIIn\, lICANC:C 21 rAST. CQ.Ut. cOJN1'T. l'\llRIDA.. etmG MMt PMmCl.A.NILY CICSCMtEO .., Ft'Lt.OlIo'S: [.\$T 1/" COItHER OF SECTlQtl .. IO\lNI:HlJI' 52 SOlUM, RANCC COUHT'f'. I\.ORIO~ YHOfCt RUM s. ClO'ZO'I.r' ... UHE or lMt sou'fHtASl' 1/& 01' s..co SCcnCN "" FOIl: ... nEt: 1HDICt: AUK N. 1I";1S'"r ... p TO 'lHt tAU t.lHC OF 1Mt SCUK,t,$T ". t$ s..o SEC'I'lCW " fTIf A IlISlANCE OF %:10.00 JUf: WHCE RlJJf H. 00"21113" L. PAAAUA NtH JMt EAsr 1\'1[ oF 'tH[ sou1MtA$r t/. OF SAD KC'JIOH 4, rcR A. ClISTAHCt or Jso.aJ FIt,: ll1ENCE RUN N. ocnt'Ol- t.. PM "1M 'H: [AST L.c OF 'Dt[ ,auMEAsr ,,- 01 ~ SEC1lON' ZI'" fUn: fHENCt ... L 1t"4O'9" E.. ~~~tlO~='~~l1~~~~ SoW secTION II: r\4ENCC ltUH S. OO"tt'01.. L oIl..OItO: fNC NOIl1)Cut "I. OF PID s:a:atIt ". F'Qlt A DlSTANCt Of' )OQ.OO nt' 10 K ~T 01' !lr.cwNIffC. LUS AND EXctPT me fUl.ttWlNC PAJtctl or VJID gCHEf) 02/24/f17. .."c. ...nt. . .''''''''~ ----- . (l:1~.a-. ......./.. ~P.1..s. 1374' no_...&. Ccr.. 'tel. Ill' no.. "NOT A SURVEY" SKETCH TO ACCOMPANY LEGAL DESCRIPTION. OF A PORTION OF THE E.1/2 OF SEC. 4, TWP.52S., RGE.28E. .I/l~"" 1It_... ..It DIU."" 91': SA '),"'2 LB. pA<( PRO.ECI H~. TJG ORA'MNt No. 8-1214 01 y. {'t. 1f/81T "II" -tJ I ()~.J... '" ..J '"1 If ;.r.e:.."..~~....~..:y~::. ". " .HDW r I~rr-' '--.....~.,. D . IIlIII: . -,... .~~olo.o-.:...f.,OJ,:~.-:. . . .... - . ~.' ...-.... ... AMndll..lW N 17B ,~... ""---.- -....- '''''''-'~~-''.ttt Ii:' i9S9 PG: IlJ)b ~~25~'201 0 Page 44 of 107 "tl o ;;0 -t ~.. o S;! - ." ; 8~ ~ - - n > ~~ ........... -.. .....ran: ..... I~ !I!~ IJU1Jl b=,~ Q i8 ~~~ ~1Jl lJ)> f}~ ~ ~~ M~ o on :2Z >x ~~o ~d ~ '"r1~> ",:i! nn fT1 :!!o ~~ ~~ K 2~ .,,,, z ~~ -< > Ul C ;;0 ~ ~ nli 1!i ~I g~ IU dl n' ".1 c . I I . \ ~ ~ .-:.... '.' c,.", ~ _ . z I Hil ( Ii ~I. In ~ Ii I- I . , ::';';>' ..::;.J' Agenda Item No. 178 May 25,2010 Page 45 of 107 Prepared by: Daniel H. Cox, P.A., Attomey at Law P.O. Drawer CC CalTabelle, FL 32322 (850) 697-5555 RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 211/10 SPECIAL WARRANTY DEED THIS INDENTURE, made and executed this .;2..2- day of ~ , 2009, by BRH ENTERPRISES, LLC, a rlorida limited liability company whose address is 425 Ridge Court, Naples, rL 434108, hereinafter called "Gmntor", and Port of thc Islands Community Impro\'cment District, an independent special district established pursuant (0 Chapter 190, Florida Slatules, whose address is 5726 Corporation Circle, Ft. Myers, rL 33905, hereinafter called "Grantee." (Whenever used herein, the terms "Gr<!ntor" and "Grantee" include all the parties 10 this instrument and the heirs, legal representatives, and assigns ofindividuals, and the successors and assigns of corporations, trusts, and trustees.) Witnesseth, that the Grantor, for and in consideration or the sum ofTen and 00/100 Dollars ($10.00), and other good and valuable consideration paid by Grantee, the receipt or which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee and Grantee's heir and assigns lorever, the following described land (the "Property"), situate, lying and being in the County of Collier, Slate or Florida, to wit: See attached Exhibit "A" being a parI of Collier Count)' Parcel Identification Number 01058920005. Subject to zoning, building code and other use restrictions imposed by governmental authority and all mailers which a reasonable search orlhe Public Records of Collier County, Florida would discover. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, including but not limited 10, casements, utility reservations, all governmental and other approvals pertaining (0 the Property and specifically transferring as a part of this conveyance, six oflhe equivalent residential connections held lor the benefit of Grantor's property. TO HAVE AND TO HOLD, the same in fee simple forever, AND the Grantor docs hereby covenant with Grantee that. except as noted above. at the time of delivery of this deed the land was n'ee from all encumbrances madc by Grantor. Agenda Item No. 17B May 25, 2010 Page 46 of 107 and Grantor will warrant the Ii tie to said land :md defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has hereunto sel his hand and seal the da)' and year lirst above written. Signed, scaled and delivered in our presence /11a Ilkd:' Signat~ . 0- BRI-I ENTERPRISES, LLC, a Florida limited liability company By: ~ /~~ Bruce R. lloloeek, Manager '\1 AI'lV H GIUSTIZIft.. Printed Namc (SEAL) ~ Signature /r41~.Jt.t1 ~~c.. Printed Name STATE OF FLORIDA COUNTY OF ~ r(.-...-- The foregoing instrument was acknowledged beforc me this .,2')- day ot~ 2009, by Bruce R. Holocek, Managcr of BRH Enterprises, LLC, a Florida limited liability company. lie ~ is personally known to me or I_I produced as identilication the following document: ~ Notary Public Agenda Item No. 178 May 25, 2010 Page 47 of 107 HM HOLE MONTES _. PWI\9IS' SUMYalS IANlSCAFEAACII1tCIlJE 950 Encore Way. NIjIles, F1aridlI34llO' _: 239.254.2000' Fax: 239.254.2075 HM PROJECT #2008.011 4/2912008 REF. DWG. #9-6355 t:K'h~b(:j I) LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COlLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED N3 FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OO"37'48"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF lAND HEREIN DESCRIBED; THENCE CONTINUE S.00"37'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FORA DISTANCE OF 33423 FEET; THENCE RUN N.4S"37'46'W., FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTER\. Y; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45"00'00' SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23"07'48'W., FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN N.00"37'46'W., FOR A DISTANCE OF 85.06 FEET; THENCE RUN N.89'22'14"E., FOR A DISTANCE OF 21~.00 TO THE POINT OF BEGINNING; CONTAINING 1.116 ACRES, MORE OR LESS, THIS PROPERTY SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA N3 BEING S.00"37'46"E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB # 1772 BY:~~' ~ TH MASM.M RP P.S.M. #5628 STATE OF FLORIDA H:."~"u'tl;.'""*,,,e,__r:l~'~_~ Nsp!os. Fo~ ""'It. v.... - - 0 ~ cO 0 z 0 i!i ii: ..'" ~: c: ;0 M I~ Q ~ lll~ z ~ -< 0", >- !S- a:! z ~ :::Ii ~g 8 Q~ ~ ::>" g !~ ::I: ~ \I!- lli! u " .. III Z ~ 2 ~ z ~ 'i'~11 ~ .. ... I 0-1 1;11 e I- ~ lil!. z .. 6 a., z: 'il:s N 89'22'14" E 215.00' e Ho ~ lIG!f,li~ ~: .5 .....a! !!ie~~ :>1 .. o~ !of, j" t ... Iii I: :;11 s "l I- !!II ~ . I, ~ ~ :! ., u " !I ~fi III eg o 0 i' ~~ 5l I I O' ~~ ~I 1;::1. ~ ~ f 0: &J: ~ ! N Cl l)~l!~ HM HOLE MONTES ENGINEERS . PlAN~ . S!AM:'l'rnlS LANDSCAPE ARCHITECTS Agenda Item No. 17B May 25, 2010 Page 49 of 107 December 31, 2009 950 Encore Way. Naples, Florida 34110, Phone: 239.2542000' Fax: 239.254.2099 VL4 HAND DELIVERY John Podczerwinsky, Project Manager Collier County Transportation 2885 South Horseshoe Drive Naples, FL 34104 RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 2/1/10 Re: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District HM File No.: 2009.020 Dear Mr. Podczerwinsky: As a follow-up to our discussion, a T.I.S. will not be required for the above-referenced project. The fire district is no longer paJi of the request, however, a community meeting room for the Port-of-the-Island Cornmunity Improvement District is now included in this application. This is not home owners association, but a branch oflocal government. The meeting room will be used for monthly meetings of the Board of Supervisors who are elected through the elections conducted by the Collier County Supervisor of Elections. As we previously discussed, cornmon area facilities that draw traffic from within the development are not evaluated for traffic impacts. If you have any questions, please don't hesitate to contact me. Very truly yours, HOLE MONTES, INC. ~~- Robert L. Duane, A.I.c.P. Planning Director! Associate RLD!sek H:\20D9\2009020\LD\RexoneVP 091231 ltr re TIS.docx. HM HOLE MONTES ENGINEERS . PlANNERS . SURVEYORS LANDSCAPE ARCHITECTS Agenda Item No. 17B May 25, 2010 Page 50 of 107 950 Encore Way' Naples. Florida 34110. Phone: 239.254.2000' Fax: 239.254.2099 December 3 I, 2009 VIA HAND-DELIVERY Danelle Carrel, Intake Planner Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RZ_PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA_PL2009-1077 DATE: 12/31/09 DUE: 2/1/10 RE: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District HM File No.: 2009.020 Dear Ms. Carrel: Please find attached twenty (20) copies of an Application to Rezone 4.848 acres from the RT District and the Conservation Zoning District (CON) and Resort Tourist District (RT) with a Conditional Use for essential services (sewer and water facilities) for the Port-of-the-Islands to the Public Zoning District "P" for property located at the Port-of-the-Islands on the north side of U.S. 41 in Section 4, Township 52 South, Range 28 East. An application fee in the amount of $7,900 less pre-application fee is attached. A copy of the Pre-Application Meeting Notes is attached. Please note that at the time of application for this rezoning that a Development Agreement was entered into on 10/29/09 between BRH Enterprises, LLC and The Port-of-the-Islands Community Improvement District (CID) to dedicate 1.116 acres along the southern portion of the proposed area to be rezoned to the P District within 30 days of signing the agreement and also to provide the ROW for the relocation of a portion of Union Road. A copy of the deed for the 1.1 16 acres is included in the application. No folio number has been assigned to this property at the present time to the recent recording of the deed. The Development Agreement is contained in the rezoning application behind the Affidavit signed by the representative of the CID authorizing Ron Benson (CID Engineer) and myself as their agents in the rezoning application. The uses proposed for the subject property include an existing water and wastewater plant, including an expansion of the water plant along with other essential services and a community meeting room for the CID on H acre within the southern boundary of the project. Existing and proposed structures are depicted on the proposed plan. (See also attached aerial photo). I. Background This petition is a companion item for five variances to 1) reduce parking requirements; 2) maintain the rear yard setbacks along the eastern property line for existing structure; 3) reduce the width of the proposed right~of-way for the shared access road along the western property H:\2009\2009020\LD\Rezone\DC 091231 Rezone Submittal LeUer.doc Danelle Carrel, Intake Planner Collier County Government RE: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District HM File No.: 2009.020 December 31, 2009 Page 2 Agenda Item No. 178 May 25, 2010 Page 51 of 107 line; 4) relocate the type B buffer from the western perimeter to the eastern portion of the access road to allow the type B buffer at an alternate location; and 5) to not require a Type D buffer along the eastern edge of the access road. The subject property previously had a petition for a Conditional Use approved in February of 1992. See attached Ordinance 92-50. The zoning of the subject property comprises 1.86 acres of land zoned for the Conservation Zoning District (CON) and 2.99:1: acres are zoned for the Resort Tourist (RT) District with provisions of the Conditional Use on the north 3.74:1: acres of 4.85:1: acre site. The zoning district boundaries are depicted on the proposed master plan. The proposed rezoning to the Public Use District is designed to facilitate the intent of this zoning district that is established in the LDC to accommodate only local, state, and federally owned or leased and operated governmental facilities that provide essential public services. An interpretation is attached from County staff agreeing that the existing and proposed uses are permitted by right in the P District. It should be noted that conservation-zoned lands do not allow major sewage or water treatment plant facilities based on the essential service provisions recently incorporated into the LDC. (See Section 2.01.03). Existing treatment facilities and the new proposed water plant are located on the CON zoned portions of the property. Therefore, there is a need to rezone CON zoned portions of the property to the P District along with RT zoned lands to best facilitate future development and redevelopment of the utility site for essential services to meet the continuing needs of the Port-of-the-Islands community. 2. Collier County Growth Management Plan Port-of-the-Islands is designated Urban Mixed Use District in the FLUE on the Future Land Use Map. However, it should be noted that a small portion of the northern portion of the Port-of-the- Islands is designated as a (NRP A). David Weeks, Planning Manager of the Growth Management Department, has confirmed that this is a scribner's error and that is not the intended land use designation for the northern portion of the Port-of-the-Islands. The land use map will be corrected at a future date according to Mr. Weeks. The Future Land Use Element notes the following with regard to the Port-of-the Islands: "Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands H:\2009\2009020\LD\Rezone\DC 09J231 Rezone Submittal Leuer.doc Danelle Carrel, Intake Planner Collier County Government RE: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District HM File No.: 2009.020 December 31,2009 Page 3 Agenda Item No. 17B May 25, 2010 Page 52 of 107 is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan." With regard to the subject property and compliance with the above FLUE provision, the proposed request to rezone the subject property to the Public Use District is not increasing the intensity of use, For example, of the 3.0:1: acres ofRT zoned land on the subject property, up to 16 dwelling units per acre are allowed and up to 26 motel units per acre or a total of 48 dwelling units and 78 motel units. Based on the 3 employees per shift from the water treatment plant and occasional use of the community meeting room during off-peak hours from a traffic standpoint and similar measures of development intensity the rezoning to the P District will result in the reduction in development intensity. The request, therefore, is consistent with the FLUE as it pertains to the Port-of-the-Islands. 3. Environmental No environmental studies or maps are required as part of this request. However, a site plan was requested as part of the Pre-Application Meeting to demonstrate the date that development commenced on 3.7:1: acres of the 4.8:1: acres included in this rezone application. In closing, the proposed rezoning request from RT and the CON and RT Districts with conditional uses for essential services is a companion item to the Variance requests as noted. The rezoning to the P District is well suited for the proposed expansion of the essential services and community meeting room. The rezoning to the P District will best meet the future needs of the property. Furthermore, the rezoning request is consistent with the FLUE and the LDC notwithstanding the requested variances. We have enclosed the following: . Twenty (20) copies of cover letter (this is the cover letter); One (1) fee check in the amount of $7,900; . Twenty (20) copies of Completed Application; . Twenty (20) copies of the Evaluation Criteria; . Twenty (20) copies ofthe Pre-Application Meeting Notes dated August 19, 2009; . Twenty (20) copies of project narrative - included in the cover letter; . Three (3) copies of Warranty Deed; . Three (3) copies of Special Warranty Deed; . Three (3) copies of Sketch and Legal; . Three (3) copies of Development Agreement between The Port-of-the-Island Community Improvement District and BRH Enterprises, LLC; H:\2009\2Q09020\LD\Rezone\DC 091231 Rezone Submittal Letter.doc Danelle Carrel, Intake Planner Collier County Government RE: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District HM File No.: 2009.020 December 31, 2009 Page 4 Agenda Item No. 17B May 25, 2010 Page 53 of 107 Two (2) copies of the List identifying Owner and All Parties of Corporation (Disclosure ofInterest); Two (2) copies of the Owner/Affidavit signed and notarized; Two (2) copies of the Addressing Checklist; Four (4) copies of Utility Provisions Statement-N/A -No additional utilities are proposed within this application - See emailfrom Zamira DelToro dated 919/09; Four (4) copies of Survey (signed & sealed); Seven (7) copies ofletter to John Podczerwinsky dated December 31,2009. Twenty (20) copies of proposed Master Plan; Five (5) copies of Aerial; Four (4) copies of prior approval for the Conditional Use for essential services; One (I) CD containing all documents in Word format and plans; Four (4) copies of Interpretation from County Staff dated September 16, 2008, pertaining to permitted uses in the P District; and Four (4) copies of the previously approved site plan for the subject property for 3.7:f: acres of the subject property. Thank you for your consideration in this matter and if I can provide you any additional information, please do not hesitate to contact me. Very truly yours, HOLE MONTES, INC. ~~ Robert L. Duane, A.LC.P. Planning Director/Associate RLD/sek Enclosures as noted. cc: Cal Teague, District Manager w/enclosures Ronald E. Benson, Jr., Ph.D., P.E., Senior Vice President w/enclosures George H. Hermanson, P.E., Senior Vice President w/out enclosures H:\2009\2009020\LD\Rezone\DC 091231 Rezone Submittal Letter,doc Agenda Item No. 178 May 25, 2010 Page 54 of 107 EV ALVA TION CRITERIA COMPLIANT WITH LDC SECTION 10.03.05 I. PORT-OF-THE-ISLANDS APPLICATION TO REZONE FROM CON AND RT DISTRICTS TO P DISTRICT HM File No. 2009.020 10.03.05 1. Nature of requirements of planning commission report. When pertaining to the rezoning of land, the report and recommendations of the planning commission to the board of county commissioners required in 10.02.12 D. shall show that the planning commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed change is consistent with goals, objectives of the Future Land Use Map and elements of the GMP to rezone 4.8:1: acres (See also cover letter narrative accompanying the proposed rezoning request), being necessary for continued essential services to POI. 2. The existing land use pattern. The lands surrounding the subject property are predominantly vacant and include the following: lands to the east are vacant and are zoned CON-ACSC/ST; lands to the south of the subject property are vacant and are zoned RT; lands to the west are zoned CON and are occupied by a gun range; lands to the north are zoned CON and are predominantly vacant; however, a communication tower is located to the north of the subject property. In summary, the land use pattern is predominantly vacant; the proposed expansion of the utility site to serve the needs of the Port-of-the-Islands and to provide a community meeting room has been and is a viable use for the subject property based on the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed expansion of the utility site and the provision of an area for a community meeting room will not create an isolated district unrelated to the adjacent and nearby district as the use currently exists and provides an essential service to the Port-of-the-Islands by providing for their water and sewer service needs. As noted, in the cover letter to this application, 3.7:1: acres of the proposed 4.8:1: acres was previously approved for a Conditional Use (C.U.) in 1992 for the lands contained in this rezoning request. The rezoning to the P-District is further necessitated by the fact that the essential services are no longer a permitted use in the CON District, thereby, making the rezoning to the P District desirable for the future development and redevelopment of the subject property. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 2/1/10 H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc Agenda Item No. 178 May 25,2010 Page 55 of 107 Based on the response to the foregoing criteria, the proposed zoning district boundaries are logically drawn and are of a similar use to what was approved in 1992 for the C.D. with the exception of the 1.1 :l: acres zoned RT and now being incorporated into the P District. 5. Whether cbanged or changing conditions make tbe passage of the proposed amendment necessary. The changed condition is the need to upgrade an essential service to meet current water supply and treatment regulations of the Florida Department of Environmental Protection. No increase in capacity planned. Only replacement of out of date equipment to meet FDEP consent order for treatment. 6. Whether the proposed change will adversely influence living conditions in the neigh borhood. As noted in the response under criteria no. 2 above, lands around the subject property are predominantly vacant; therefore, living conditions will not be adversely affected in the neighborhood. Screening and buffering on the subject and adjacent properties will lessen the impacts of the proposed use of this essential service and community meeting room. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The historic traffic will not be increased from the utility site as only three individuals are anticipated with each shift, and the community meeting room that is 2,100:l: SF with 21 parking spaces in use largely in off-peak hours only within the Port-of-the-Islands will generate negligible new traffic. The proposed vehicular traffic will not affect public safety. Construction traffic will not affect nearby properties to any significant degree as surrounding lands are predominantly vacant. 8. Whether the proposed change will create a drainage problem. The proposed stonnwater management area depicted on the master plan will help insure there is not a drainage problem. A pennit will be secured from SFWMD. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed expansion of the utility site will not reduce light or air to adjacent areas as they are predominantly vacant and the maximum permitted zoned height will not exceed 30 feet from zoned height. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed change will not seriously affect property values as the essential service uses are currently existing and adjacent areas are predominantly vacant. The community room is well 2 H :\2009\2009020\LD\Rezone\Evaluatiol'l Criteria.doc Agenda Item No. 17B May 25, 2010 Page 56 of 107 separated from adjacent properties with the stonnwater management area, screening and buffering and will also have a negligible impact on property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed request will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations notwithstanding the proposed variances set forth in an application that is a companion item to this rezoning request. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change in use to the P District will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare, as the use by and large currently exists with minor changes to the boundaries of the zoning district for the inclusion of a community meeting room. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. This criteria is not applicable as the existing use allows for the essential services use with minor changes to the boundary of the proposed district to accommodate the community meeting room. See also cover letter setting forth additional reasons why the previously approved conditional use is sufficient to address future development and redevelopment issues. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed change is not out of scale with the needs of the neighborhood or the County, and is to provide essential services for the residents of the Port-of-the-Islands. 15. Whether it is impossible to fmd other adequate sites in the county for the proposed use in districts already permitting such use. The subject property is well suited to provide for the needs of the Port-of-the-Islands as the use currently exists and provides for an essential service since 1992 to meet the needs of the Port-of- the-Islands with the exception of lands added to the subject property for a community meeting room. 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. By and large, no physical alteration is required to make the subject property usable for the proposed ranges of uses as the site has been previously cleared. 3 H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc Agenda Item No. 17B May 25,2010 Page 57 of 107 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Pnblic Facilities Ordinance [Code ch. 106, art. II], as amended. As noted, only minimal traffic will be generated from the proposed site and the subject property will enhance the provisions of essential services to the Port-of-the-IsIands. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. The applicant will consider other factors, standards, and criteria deemed important in the protection of the health, safety, and welfare by the B.C.C as the need may arise. 4 H:\2009\2009020\LD\Rezone\Evaluation Criteria.doc HM HOLE MONTES ENGINEERS. PlANNERS, SURVEYORS LANOSCAPE IIICHITECTURE 950 Encore Way' Naples, Florida 34110' Phons: 239.254.2000' Fax: 239.254.2075 HM PROJECT #2008.011 5/13/2008 REF. DWG. #B-6356 Agenda Item No. 17B May 25, 2010 Page 58 of 107 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00037'46"E., ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET; THENCE RUN N.45037'46"W., FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45000'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N.23007'46'W.. FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN N.00037'46'W.. FOR A DISTANCE OF 85.06 FEET; THENCE RUN S.89022'14"W., FOR A DISTANCE OF 35.00 FEET; THENCE RUN N.00037'46'W., FOR A DISTANCE OF 350.03 FEET; THENCE RUN N.00038'58'W., FOR A DISTANCE OF 299.88 FEET; THENCE RUN N.89021'02"E. FOR A DISTANCE OF 77.18 FEET; THENCE RUN N.00052'04'W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN N.89007'56"E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN S.00052'04"E., FOR A DISTANCE OF 3.19 FEET; THENCE RUN N.89021'02"E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00038'58"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4.848 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY. FLORIDA AS BEING S.00037'46"E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB # 1772 BY: a~ ll1. ~~ THOMAS M. MU HY P.S.M. #5628 STATE OF FLORIDA RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 2/1/10 I1:\a2OO\S.SUMti'\PfOjeclS by Name o! I.J)ClIIkln\POI\2(l08011\l8Olll dll$ b-63S5.00c Naples' Fort Myers' Venice " m CMU UtVIiLOPMENT Agenda Ite~2iM4 May 25,2010 Page 59 of 107 ;/800 NORTH HORSESIiOE D~IVE NAPLES, PLORlDA 34104 COLLIER COUNTY GOVERNMENT ADDRESS(NG DEPARTMeNT ~ L. ~__~":;':~DD'R~ssi~~HECKLlSt'~': . "::''',': ~' ,: '. ..' ,] Please complete the fellcwing end fax to the Addressing Departme-nt at 23~-252..5724 or &u~mlt In persen te the Addressing Depanmem at the i'lbove aeldres.. E2Lrn..1D.~st be 5~AddressinQ personnel gr;!RLLO.....!1,(lH.lDollcatlen tneetino clease snow ;I dsvs for oroOUSllfnq. Not all itoms will apply to every project, Items In bola type ere required. Forms olcJl!lf than a months will require additional review and approval ~ the Addressln~ Department PETmON TVPE (e/leck pellllon type be/ow, COmplole Q sopar% AddresSif1g Checklist for each P&lilion Typ&) . -~-:.. ~'-"',_... o Ell (Blasting Permit) o 80 (80at Doc.", Extension) 8 CelrnivaVClrcus Permit Cu (Conditional Use) o Ii:XP (EKcavation Permit) o FP (Final PI~t o LLA (Lot Une AdjlJSlment) o PNC (Projecl Name Change) D PPL (Plans & Plat Revjew) o PSP (Preliminary Subdivision Pial) o PUP Re<:one !&1 R2 (Standard Rozon",) o SOP (Site Development Plan) o SDPA (SOP Amendment) o SOP, (Insubstantial Change to SDP) [] SIP (SITe Improvement Plan) o SIPI (Insubstantial Ohange to SIP) o SNR (Sll'eet NamQ ChMQe) B SNC (Street Name Change - Unplatted) TDR (Transfer of Developmer>t Rights) o VA (Variance) o VRP (Vegetation Removal Permit) o VRSFP (Vegetation Removal & Site Fill Pl!lrmn) o OTHER LEGAL DESCRIPTION of subject property or propertkl. (copy of Ifmgthy desoription m'IY be alIac/1I':d) SECTION 04, TOWNSHIP 52, RA.GE 28 - PO-CC-L.l If- FOLIO (Prop...rty IP) NUMSE:R(;) of above (alll:f.clllo. "r i!S$()Ci,9/e witll, /egEli description if moro Ih,M OM) 01058920209 ....-,....-- ,...., .-'-'''-- ""_.~' STREET ADDRE:CSS or ADDRESSES (a. applicable, ifalreatfy iilssignCid) 12700 UNJON ROAD . LOCATION MAP must be attached ShoWit1g exacllocatlon of prOjecvsit& In relation to nearest public road right-of-way . SURVEY (copy.. needed Only for unplatted ProPG'rtiCS) PROPOSED PROJECT NAME (if 8pp{icable) PROPOSED STREET NAMES (ir applioa/)Ie) SITE DEVELOPMENT PLAN NUMBER (for liIxis/ing projoC/s/t;ilos only) SOP or AR # RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-10n DATE: 12/31109 DUE: 2/1/10 II III J.,nl'U uc.Vl:l..UrrllttU ~ 003/004 Agenda Item No. 178 May 25, 2010 Page 60 of 107 PagQ 1 of 2 ADD~~~t;I~" l?!::lECKllS~:~~_~.,_ PrOject or d~velopment nll~$ proposed for, or alr~ady appearing In, condominium documents (if application; Indicate whGti'>er proposed or e~lsting) PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT OISTRICT -_.....~~t ~ ..-..............". ".. _'~_M_ _..". ,_~ Please C heck One: (8J Cheoklist Is to be Faxed back o Personally Picked Up APPLICANT NAME: ROBERT L. DUANE, Ale? PHONE 2&4-2000 FAX 254-2099 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject: to further review by the Addressing Department. FOR S'TAFF use ONLY Primary Number 01 DS~qz..oZ-09 - -~~.:.~... - ....-.. ..~_., -~........... Addr!>$S Number \ddrc$s NUll>bor Address Number Approved by: '" [l, r'\..~ Updated by: m~tY) Oalc: 0'6" -03 -09 Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of2 I.:.. , \\ rlj ~. . i' i~ a ~l N " . '0, ll"', g : iil ~ \- - , l I iii I I Ig~ J ""~~ I ~!' I L . - _ J \ \ I:; Ii' 'If !,' 1'1 if Ii II II II II' II III I ~ 01 I Iii Filii I~ dllll~ II 01 n I II,II!I I) i II Ill: 1i/1iI1 U I!' Ii 1111 i ~II f '- " ~~; II! 'I' !.l II I II I I . II p I l- I 0: I '" II WJ II z ii, 0 ili Ii I I , I , II I I I . ,- -II .._-~.....~". ~i '" WJ j I J 101 07' o N ,-' ~ e , ~ 11 II i~1I1 ~ ~,! :1 ~ ~h [ III ~a ~il !G jl ~ l ~ i~~ ~I' ~ .11 ll< - . .'I'~ ~ 4~ ! 'I' - I I I I III! illi I!lJil! " 9' ! I !I 0 [ i la ~ I II l !Gi I ~ I I i 'lj' g II II! Ii I ~~ I I i!! Ii I Il III ~ .~~ ~ ~i ! ffl I- Z -< -' ffl Q, '" I- 50Q !!1~~ 5~~ o <a:: I-"'j!! 0: <( o '" Q, w >- ffl -< '" I I ,I I I I I jI i I ! Agenda Ite,m N t<Jay 25, Page-63 ORDINANCE: 92-...a. Fr ., - .... 4Q I ~ m "b 0 ::c ui '" ~ G W!lE:R!I:AS, the Leg-ialatttre ot tha state at Florida in Chapter 67-1246, Lava ot Florida, and Cbapte~ 125. Florida statutes, has conferred on Collier County the power to establish, coorc1inata and enforce zonini and 8uch businesa requla1:1ons as are necessary t.or the protecti~n ot the public; and lIllI:RllAS, the County pur.uent therato h.. adopted a Lend. Davelopment Ceda (Ordinanca No, gl-102) which includa. a COmprahanaive Zoning- Ordinance a.tabli.hinq regulations tor the zoning- ot particular geor;raphic diviaiona ot the County, llllIong- which i. the g-ranting- ot Conditional U."., and 1IHI:RllAS, the Collier COWlt:y Planning- Ccmmiadon, being- the duly appoint!,d and constituted planning- board tor tha area heraby aUected, hu held a pUblic hearing- after notice .. in said ragulations made end providad, and has conddered tl\e advisability ot Conditional Use pursuant to Subsection 2.6.9.2 (Essential Services> in the R:r and CON zones for a 'Water and vaste"Zlter treatment plant on the p.+operty hereinafter described" and hu tound as a mattar ot'tact (Exhibit "A") that satistactory providon and a=ang-ament hu been mada concerning- 'all applicable mattar.. rsquired by eaid regulations and in accordence with Sub.action 2.7,4.4 ot tha Lend Development Code tor the Collisr County Planning- COllllllisdon; and W!lE:R!I:AS, all intereste.! parties have baen g-ivan opportunity tc be heard by this Board in a public meeting- aaaembled and the Board havin;r considered all matters pre.tlnted". NOW, :rIIEREFom;: BE U' ORDAINED, BY :rilE BOARD OF ZONING APPEALs ot Collier County, Florida 'that: 100{ 054plGt285 ;;!'" ....t>> tD >~ ~ Se g .,., ::1m -- mE;; ....., r- ;,~ ~ m ~~ ~ 0 ....... ....., -1- RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 211/10 - ....genda Item N May 25, Page 64 SECTlOII OIlES Grant: of COndit:ional Usa, Tha petit:lon filed by :Robert L, Duane of Hole, Montes' A8.oc14taa, i~~;!.I~p~'~:a8~~i~g Port of the Islands COJIQIlunity Improvement ~i~~~i~'vl~:~.~pect ta.t:he property hereinafter described ':":'1''':':'':"1' l,"lfl1 tn::\"tt:LC1Pf!T-lI- ..,..,.' t ", ~.,~.r";:~'" .... as: :'" :..~-::-;('''... T~ms:::' .. ':::"._...:..: ::~:r.". . ..... .. . Exhib1t:~~B~~~~hfie~ttached:hereto and incorpcratad by r.:fer8ncr:b.re1:an:':-":'"1('!'~' .... ~_..,.- -.-. .... N and tha .o.e- is herebY approvecl for Condit:ional Ose purauant to subs.~ri~~2.,..19:{(~;~tt"'i ~:arv1c.s) ot the RT and 60K :oninq ..... ..1\0.. ': ,_~;-;",: &.., ;":'-' districts for a vater and wastewater treatment plant in accordance with .Q--"~"" e" .. ~ ...;..:,' ~. .",... ';'u':'-'" ... J'- :' .... ~~~~:nc~~~~~l ~~t~::.~l~~: .'~xhibl.t: "CO) aNs'subject to the following' con4itionas ....:....1;:.....:: :. '",. '. ... Exhibit "D" ""ioh is attachscl hereto and incorporated by :~.' J::'.l.: . refaranc..,herein, ... SECTION:, IIWOS":Ralllt:l.onship. aatw..n orclinance ancl Resolution Grant:inq COndi t:ional Use. ,..; In';~;': ~';~t:"~t-'it ~houid' be'deteX'lllin~cl that the grant: of c;'ndit1o'n;'l us.. should be by r,solution, then this or4inan"" shall consti~uta a reaolut:lon fer such purpose. SZC'rIOH TIlllEE: Effective Date, ,. ;n,i.~ or4ina;,~e .~all ~cOllla effectiva upon receipt of notice frOlll the Secratary of stata that this ordinance has been fUe4 with the Secretary of State. PASSEIl Al/1) DULY ADOP'.!'ED by the Ilaard of zoning' Appeals of collier county, Florida, this -Y" clay of ~ ,1992, IIOARD aT! ZONING: APPEALS co~ C , '/!LORIOA BYs 11'\ ~ uR. MICHAEL J, CU-92-9 ORDINANCE nb/7984 ".--'~- /.... -2- - .. _enda Item No. May 25, Page 65 0 ~} .' :;..~......~., "~r'. 1'J.1t~!")~'. :~;::::';;:.;':"..'''::' rriiDR~"';i ner. BY . __COLLIER. J:OONTr. PUNIl:IHC COIlllISSION - . . FOil A COllDI'l::tONAL oS!: P=:rOH FOil .- 'C".I ":'.,. CO-92-' Th. tolloving tacta ara tound: 1. ~~c;i:~~~;1;~C:'the:.~o~-:n~i~~1 o~.::. Land Davlopa8n1: Crant.ing, t:ha conditional u.. "ill Jlat: advar..lyatteclo t:h. pUblio intereat: U>d "ill not: advarnly aftaclo ot:h.r proparty or usas in tha SallIe c!istric1: or na1gbhorbooc!' bacausa.ot: A_. . consistllncy vi~~e Land J:levdoplllent Coele and Grovth Hanag""'7 ~lan. . .Y.S_No_. 2,. B_ Xngresa and eqrcss t:.o property and proposed .structures tharaon vit:h particular ",eterenc. l:o 'automotiva and pedestrm satety and convenience, traftic tlov and control, anel access in case of tire or catastrophe. / Adequato ingressA egress. Yes'~lfo_ At!~ct neighboring propart1ee 1n relation to nob , glare, ac;>nOJllic or oclor ~hct:s: _ Ho aftect: .or _ Attect: ..itigateel by _ ~ Attect: cannot.be ..itiqat:ad . compatibility ,,11:1\' adj ant proport:10jl ancl other property in 1:I1e 1atrict:. COJIlpatible e vithin elistrict: Yes 110 Baseel on the above tindin'1s, this conditional Use should, with stipulations, (copy. attj'fh!:,dl. (should not) ba . recolDlllended tor epproval t>lLr.~t(.1>, ~ / DATE. /6 ::r.:;,y Sz.-. Cl!ApulAll~, .... C. O. FINDDlG OF FAt:!! C/lA:tRHAN /llId EXHI!IT'"A,'" IODJ 054/1Ot287 PROPERT'f-DESCRIPTIO~: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANOS 28 EAST, COUJER COUNTY, FLORIDA, BEING MORE P ARTICUUJU. Y DESCRIBED AS :!,Ou.oWS: lmQIliATTHEEAST 1/4 CORNER OF SECTION 4, TOWNSHIP 5~SOUTH,RANGE 28 EAST, COUJER COUNTY. FLORIDA; THENCE RUN S. 00'20'13" W. ALONG THE'EAST LIl'JE OF-THE SOUlHE.AST 1/4 OF SAID SEcnON 4, FORADISTANCE OF 350.00 fEET; THENCE RUN N: 89"39'47" W. PERPENDICULAR TO TIm EAST LINE OF TIm SOUTHEAST 1/4 OF SAID SEcnON 4, FOR A DISTANCE OF 250.00 FEET:'nmNCE'RtmN.llO'2O'13" E., PAR.AU.EL wrnt TIm EAST LINB OF TIm SOw:HEAST 1/4 OF SAID SEcnON 4,FORADISTANCE OF3S0.03l'EET; THENCE RUN N. 00"19'01" B.,PARALlEL WITH THE EAST LINB OF TIm NORTImAST 1/4 OF SAID SEcnON 4, FOR A DISTANCE OF m.8S FEEl'; THENCE RUN S. 89"40'59" E.,PERl'ENDICULAR TO THE EAST LINB OF THE NORnmAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 250.00 FBE:1', TO A POINT ON TIm EAST LINE OF TIm NORTImAST 1/4 OF SAID SECTION 4; THENCE RUN S. 00*19'01" E. ALONG TIm EAST LINB OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING. CONTA.lNING 3.730 . ACRES, MORE OR LESS. SUBJECT TO EASEMEN1'S, RESERVATIONS OR RESTR.lcnONS OF RECORD. BBARINGS REFER TO THE EASTLINB OF TIiBNORnmAST 1/4 OF SECTION 4, TOWNSHIP 5ZS0tJTH, RA1\OBZ8 EAST, COUJER COUNTY, FLORIDA, AS BEING S. 00'19'01" W. e:)d11'~iT" ()" 'lOCI OM PAct288 '. ,"\i,. "'~. . .~}' ( ~'lI ;",' I . · ..' . ~" 5' .- iI - - ~nda Item No. May 25. 2 Page 68 of AGR~EN"I' I, Robe~ L. Duane ot Hole, Mont.. , Associate., Inc., .a owner or authorized agant far Petition CU-92-9, .gree to the following stipulations requested by the COllier County Planning COIDiuion in their public hoering on .:ruly 16, 1992. PLAllIIDIClI a, The Planning Servic., Hanag.r may approve minor change. in the looation, siting, ar h.ight of building" structures, and improv.ments authoriud by the canditional usa, Expansion of the u..s id.ntifi.d and approved vithin this oonditional us. application, or major changes to the site plan submitted as part Of thi, applioation, shall require the sublllittal of a nev conditional us. applicat~!'1'l,. anlt_. shall oomply .with al~applicabl. County ordinanc.s in etfect at the thoe ot submittel, including Division 3,3, Site Development Plan Review and approval, at the COllier County Land. Development: Cods (Ordinance No. 91-102). b. Detailed paving, ,""ading, sit. drainage and utility plans shall be .ubmitt.d to proj.ct Reviev Service for reviev. No construction permits shall be issued unless and until approval of the propased construction in aocordance with the submitted plans ie granted by Project Reviev Services. c, An Excavation Permit may be required for the detention area in accordanoe vith Division 3,5 at Collier COUnty Ordinance NO. 91-102 and SFHHD rules. d, A copy of SFHHD Permit or EarlY !lork Permit is required prior to conetruction plan approval. e. Detailed vater' management plans and caloulatiane, eigned and s.aled by a Flarida Professional Engineer ehall bs provided, : t. Thie project shall be required to meet all County Ordinances in ettsct at the tim. final construction document. are submitted tor dev.lopment approval. g, Priar to final construction' plan approval, the applicant ahall provide a letter from the District's engineer etating that h. hae reviewed . and approved the utility design included vithin this petition. h. Petitioner shall be subject to the requirements at Collier County Land Development Cod. Section 3,9. 1>. 1>, EXHJ:8IT .0" -1- '&OOJ 054.PA(;t290 .,. ":;0, ..... i" p.tition.r _hall oOlSp1y vith s.otion 4.3.1.1 (Exiatinq and Future DOlSutiCl llaat...ater Trubaent Plant.) ot th.. COllier County Groundwater Protaction Ordinance 110, 91-103, . NOTE: Per Section 4.3,1.1.3 (B), .On a quarterly basis, the owner/operator .hall provide the Department (Collier county POllu1:ion Control) vith copie. ot all current .onitorinq reports _uhmitted to the Florid. Department ot Environmental Requlation.. A land.cape4 butt.r .hall be P!:'oviel.e1 adjac.nt to the .it.'. .oath enel ..eat property lin.. tIh.r. the aeljacent property 1& zon.e1 1l'1', A canopy tr.. .hall b. planteel .v.ry 30 lin.ar t..t on c.nt.r and a 'h.clq. ot at l....e 24 inch.. in h.iqht ae the tl.. ot plantlnq _hall b. provicl.d in the land_caped butt.r, j, '~~', PETITIONER OR AllERT STATE OF FLORIDA COtlllTY OF COLLIER The tor.qoin9 A~aemene Sh..t vaa a ov;eelqeel betor. .. this clay ot ~ ~ , 1992 by ., vho is- personally known to .. ....lel.-...t'lc.~n and vho 4U (e1id not) taka an oath. . (IIOTARY SEAL) '(1;< -2- ml OMrllit291 Agenda Item No. May 25, Page 69 0 Agenda Item No. May 25, 2 Page 70 of ...:.....~ ";AOI,(. '-~I fur.:a K 'UfO .', if. \' ,:l:.~. 0:. ...' -.':'. . STATJi..:OF I!E.OR:EDA.'",:,~, , 'comrii .o~ :cowEi .~. :.n~ ... . Th. foreg ng Agr...ent Sh..t Val ecknawl.dg.d before ..e!:his I t, !I. day of. . I un ~ P~6-b IJ. 71IDJ(U..:ne, I who i.- per.o1)a to ..01:> vile a. pJlOdlllillcl aI id.~.ltb.1:1on. and wo ~ (did not) 1:aIc. an oath. ~.~o~~~ . '1i/h1.4 A.t30dA.JC. (Pr 1: H..... of Hotary Publ1c) NOTARY POIlLIC Ser1al/C02IOItbdon 'All- 591'197 Hy COlIDli..~8.' "' CCIftIIIaor irAn IF Il~ -!ltII":"~~- CtI-92-5 AGREEKEIl'l" S!Il!:ET NB/7985 (HO'l'An'! SEAL) -3- . 1m 054rlct292 ,,.rr"flnolo'.. .t, STAT& Oll' n.ollIDA COllllTY Oll' COtLIER I, .JAMZS C. GILES, Clerk ot Courts .tn and for th. bant1ath :u41c1&1 Circuit, Collier County, llor14a, 40 hereby eertify that the toregoing J.. . true copy ofr Or41nanc. 110. U-SlI '"b'lch'H.. 'adopted by the Board 'ot ccifuity-Coilm.t..J.onera on the 11th day ot AUga8t, 1992, during Regula:- Se..lon. WI.'I'NESS 'lAy hand and the otticIal seal ot the Board at County COlUli..ionera ot Collier County, Florida, t:his 12th day of August,. 1992. J'AMES C. GIUS "I' as' ::; Clerk ot Courts and Cler~:":~\~.'..".'... I"h,.... Ex-officio ~a 80...4 at .;. .... .'to.' county Coami..loners ,::l~/... .... ~,.. . ~ ~~. ,,~ . . ~J!r ~ ~ t?....:"' ":~:. : : '.~. /. . '.. OJ By: Is/Maureen Xenyon" -;......,....>.: .".. . Deputy Clerk .. .....~.,,, o. .. "::.....~...... ~r!t.l~ ~~. 80DK 054. rIOt 293 Agenda Item No. May 25 Page 71 eo1N!r County ~ Agenda Item No. 176 May 25,2010 Page 72 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 q:1 t> / . IO~ A.. Date: ,II "109' TIme: __ ~ Project Name: ~e.""- 1'>1'" ~ Applicant Name: - Owner Name: .... Owner Address: 12 ?l-oo U~ lot-.) 1<d Assigned Planner: I\A If' besEI..E:l4 Meeting Attendees: (attach Sign In Sheet) PL# g 10 Finn~ D\A!ltW9>. \-\C1E: NtlISt1;.c; ':\-=-I "'''Q$: ~ Phone: ~5t.f- 2.OC>D Phone: Meeting Notes s~~ RZ-PL2009-910 REV: 1 PORT OF THE ISLANDS COMPANION: VA-PL2009-1077 DATE: 12/31/09 DUE: 2/1110 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner rior to the due date PARKS & REC - Sid Kittila IMMOKALEE WATER/SEWER DISTRICT UTILITIES ENGINEERING - Zamira Deltoro SUPERVISOR OF ELECTIONS DR/EM1 - EMER. MGMT - Jim Von Rintein CITY OF NAPLES, Robin Singer, Plannin Director SCHOOL DISTRICT (residential com onents) CDES Coordinator -Route Sheet only BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT Executive Director Co~r County ~ Agenda Item No. 178 May 25, 2010 Page 73 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Additional set if located in the Bayshore/Gateway V Triangle 1 RedeveloDment Area or within % of City of NaDles Completed Application (download from website for current 20 / form'l J Pre-Aoolication meetino notes .,j 20 J/ Proiect Narrative .j 20 V Deeds/Leoal's Ii. 3 1/ List identifyina Owner & all oarties of como ration .j 2 (,/ Owner/Aaent Affidavit sianed & notarized 2 V Completed Addressina Checklist .; 2 1/ Environmental Impact Statement (EIS) . or exemption 2 J/ justification Dioital/electronic COOy of EIS 1 - Historical Surveyor waiver request 4 r V Utilitv Provisions Statement wlsketches j 4 1/ Survev, sioned & sealed 4 /.4 Traffic Imoact Statement (TIS) or waiver (with aoolicable fees~ 7 .../ (u;.,..,- ;-r::.cou..... ) /' Copy of Traffic Impact Statement (TIS) on CDROM / 3 v Aerial photographs (taken within the previous 12 months min. V scaled 1"=200'), showing FLUCCS Codes, Legend, and project 5 boundarv ~/ Electronic copy of all documents and plans (CDRom or 1 t/ Diskette) y' Site Plans 20 1/ If located in RFMU (Rural Frinoe Mixed Use) Receivino Land Areas Applicant must contact Mr. Gerry J. Lacavera. State of Florida Division of Forestry @ 239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan", LOC Section 2.03.08.A.2.a.(b)i.c. Co~r Cou.nty ~ Agenda Item No. 17B May 25,2010 Page 74 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 Fees: t8J i t8J Application Fee: $6,000 + $25 per acre (or fraction thereof) $100.00 Fire Code Review $750.00 Comprehensive Planning Consistency Review $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-application meeting shall not be credited towards application fees and a new pre- application meeting will be required). G---$256S:i36-Erwif.Gf.lmeota.l.Jmpact..s.tateImtoJ review fee o -.J.WGG,GS-ListecrOf-Pi'Otected Species survey review-fee (when an EIS is not required) t8J $925.00 Legal Advertising costs for CCPC meeting t8J $500.00 Legal Advertising costs for BCC meeting (To be reconciled upon receipt of invoice from Naples Daily News) Please attach Separate Check for Transportation Fees, (Refer to E~'bit A): o $500.00 Methodology Review Fee, if required IV. ~ ./P "Additional Fees to be determined at Methodology Meeti g f/ / Fee Total $ ApplicanVAgent Signature Date Co~r County ~ Agenda Item No. 178 May 25, 2010 Page 75 of 107 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 643-6968 PUBLIC PARTICIPATION REQUIREMENTS LOC 10.03,05 F.1. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeling, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduied date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shali be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Agenda Item No. 178 May 25, 2010 Page 76 of 107 OeselemKay ~ubject: _ocatlon: Pre-app Rezone & Variance - Bob Duane, Applicant - Kay Deselem, Planner Conference Room C Start: End: Wed 8/19/2009 10:00 AM Wed 8/19/2009 11 :30 AM Recurrence: (none) Accepted DeselemKay; jarrelly; AblerKenneth; JohnsonJeremy; MossJohndavid; De~oroZamira; wiley _r; OteroBrandy; CasalanguidaNick; bearcU; PodczerwinskyJohn; BuchheilDavid; AuclairClaudine; seal_s; GundlachNancy; DarcoChristopher; ashton_h; weeks_d; tayloram@colller.k12.ft.us; AhmadVicky; Bob Duane Meeting Status: Required Attendees: Request Information Meeting Type: preapplication Requested By: Robert Duane on 30-Jul-09 Phone: 254-2000 eMail: bobduanel1llhmeno.com Representing: Hole Montes Folio: 01058920209 Zoning POI CID SPD/SIP Subject Type: Rezone & Variance Location: 12700 Union Road Description: Request a preapplication meeting in the moming regarding the POI CID for e rezone from RT and CON to P district. Thank you. 254-2000 Details Agenda ~@'2t~ Page 77 of 107 Property Record L.Sketches -If. Trl~'N~ti~] .. Parcel No.6 01058920209 Current Ownership Property AddressH 12700 UNION RO .. o PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT 25000 TAMlAMI TRL E NAPLES State FL Zip 34114 A 9602 legal 4 52 28 THAT PORTION OF SEe 4 DESC IN OR 1988 PO 1054 AND OR 155T PG 1583, LESS SERVICE ROAD For more than four lines of Legal Oescri tion please call the Property Appraiser's Office. Section Township 52 Range 28 Acres 3.21 Map No. 7004 Strap No. 522804004.0007004 Sub No. ~ 100 15 ACREAGE HEADER INSTITUTIONAL. ~ 218 "il Mill""s 13.482 2009 Preliminary Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 96,300.00 (+) Improved Value $ 82.849.00 (=) Just Value $ 179,149.00 (-) SOH Exempt Value $ 0.00 (0:) Assessed Value $179,149.00 (-) Homestead and other Exempt Value $ 179,149.00 (=) Taxable Value $ 0.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Date 09/1994 Book. Page ~ Amount $ 2&,000.00 The Informatton is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asP?Map=No&FolioID=000000 I 05 8920209 8/17/)009 Agenda Item No. 178 May 25,2010 Page 78 of 107 MEETING NOTES /5,V\)(..>n^",,~\ - e(bV,Je. (UPl ..eu f()oq tOe ,<{' <-Leu")t ~~rrJ!'u~ ('eI)M~ <fum ~-rr.,,, I ~roLTG-TIDtV - A)tJJ -,I S is "Re:ov ''''~h I'F A..b Abp/ltOA..hQL-- &HID~ EG-~ A-~ 1Se:,1..JG' 'f';co?o~J>. "1#;> jS:.~e.b A. C:ON1N6 AcT/()N C)'N'rH_ .e..>.1>-n"-'b z:;::.'SseN'f lD,L,. 'f"U1:l4C- 'bE2.VICifZ.) wrn~ ilJ/'J ;ve-t.J ~ i c.. S ugH 1-( A w;.-r'Q::e:- re I,) 'b ~u:c:riN6 -rll- '>. 0{2 o( "j'V' '< I S[)P Ctfl1&4?T ~ .s ..... ~~ ~~ =S3 ~oo ~~ == ~z ~~ .-..l~ iOO ~ 1-c ~ ~ GI "; GI lll: - C GI E Q. o Gi > GI Q "V C o ... olS 01 c 'is o N - o C GI E 1: o Q. GI Q tl o '0 0; ~ , '" 1iJ (]) {)i .5 " Ol Ui '0 (]) U) .;; ~ Q a. m ~ "- ~ u.: '0 E ~ CP w 'ii III CP Q 0> ~ ii5 > I!! t ;;; aJ ,; I!! N e ill -;; (]) U) .;; I!! ~ M 0- C"l ~ It) C"l 0- M C"l Ii w Z Z c:( ... D. Q w Z C) Vi ~ Gi ,Q E ;:) Z 41 C ., ..c l:I.. H M LANU UEVELO?MENT Agenda ImrijtNG.~lB May :15~ ~lJ1o Page 80 of 107 COlliER COUNTY GOVERNMENT ADDREsSING DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 ~ L- \\[)O~ EssiN"'G'CH ECKUSt'~ Please complete the following and fax to the Addressin~ Depllrtment at 239-252-5724 01 submit ill person to Ihe Addressing Dopartment at Ihe above address. EQ!rn_QJJJ.&.Q.~Jil!l[1.1'..Q..kLAddressinq personnel R!'.!PL.io..mc-nocliC3llon meetlno please allow ~...\!IDi:tiqr prooessfnQ. NOl all Itmns will apply to every project. Items in bold type are required. Forrns oldsr than 6 months will require additional review and approval by the Addressing Department. ~ ,,":.. ," PETmON TYPE (e/leck pelttfon type bl!/ow, comp/fJle 0 SOpOrD/o Addressing Cllecklisl for &aclJ Pelition TYPe) ---~~....__.._.....,.,...._"". ,........... - -.. .... ."...-,-.-..... .. . ....... o Bl (Blasting Permit) o 80 (Boat DOCK Extension) g. Carnival/Circus Permit Cu (Conditional Use) o EXP (Excavation Permit) o FP (Final PI..t o LlA (Lot line Adjustment) o PNC (Project Name Cllange) o PPL (Plans & Plat Review) '1 PSP (Preliminary Subdivision Plat) ] PUD ReZOne ,,6} RZ (Standard RClzone) DSDP (Site Development Plan) o SDPA (SOP Amendment) o SDPI (InsUbS!;lntial CI1ange to SOP) o SIP (SIte Improvement Plan) o SIPI (InSl,bstantial Change to SIP) o SNR (Streel NamfO Change) 8 SNC (Street Name Change - Unplatte(1) TOR (Tcan~fer of Development RIghts) o VA (Variance) o VRP (Vegetation Removal Perm~) o VRSFP (Vegetation Removal & Site Fill P<!rmit) o OTHER LeGAL DESCRIPTION of sublect prop",rly or properties (copy of lengthy description m"y IX1 tlltac/led) SECTION 04, TOWNSHIP 52, RAGE 28 PO-('0-1 l4- FOLIO (Proporty 10) NUi\'lBER(:t) of above (a/lact' 10. Or' assOCiMe willl, legel description if mom II},M 011')) 01058920209 STREET ADDRESS or ADDRESSES (as applicable. if a/re'ltfy D!!SigMd) 12700 UNION ROAD --~."'~.. - --"._,..,._- .,. -..........,,-...... . LOCATION MAP must be aftClched shOWing exacl1oc8Uon of prOjecVs~e in relation fo ne3rest public road right-of-way , SURVEY (copy - ncc.o()d Only for unplatted prop~rtics) PROPOSED PROJECT NAME (ir sppl'Cable) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (ror ex/sling projocl8lsilcs only) SOP Qr AR if H . lANU DoVELOPMEllT Agenda 11II11ldY~61fB May 25,2010 Page 81 of 107 Page 1 or 2 !'E~~5~1~g"t::.I::l~c..~'S~~~~~~Cl___ . ......-,..-......--...-.... -~~..,._.__._..".. . .....H_"_~___. .... PrOject or development names proposed for, or already appearing in. condominium documents (if applioa1ion; IMicate whether proposed or existingi PORT OF THE ISLANDS - COMMUNITY IMPROVEMENT DISTRICT -'..- . _._~. ....... "-"~--"" -... - .,,,...~.- ~ -~ Please ChecK Ona: 19) Cheoklist is 10 be F bed back o Personally PicKed Up APPLICANT NAME: ROBERT L. DUANE, AICP PHONE 254-2000 FAX 254-2099 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and I,. subject to further review by the Addressing Department. f.. .~. _ FOR STAFF USE ONLY Primary Number 01 OS<6QLO 2-09 --........- .....,............"..._~, ....._. H_ -"'.."'...., Addross Number Address Numbor Address Number Approved by:,/ 0- "'-~ Updated by: rn~~___ Date: 0 g - 0 3 - oCj Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of2 IE ! 8 gtt~ I o (J tI) w <( !- ,~ .. I- q II: ~ - lVfif;}11VJJ.tlONOlllnVlIVJ I I / / I r.... I !~ I I 1\'\1 / i~ / I IE i- ~ "F <t I 'slI:>JnonJ ~J&oIQllQI,j:>JO 10 :J!J01S!1./ 6u!louf.>1~&P 0::>)0'10& AlUnOJ IOP1JJO llol./l QJO sdol'l ^lIIlQoqo'd ID::>J&OIO.l>lp....../:>IJOISIH :/\ll I / . !! '" ;~ 0 ~ U ~ ~ .8 ! ~ ~ ! <= ~~ ~ ~ ~ I z i[ . . ~ g ~ . m ~ I ~ ~ ~ is :3 ~ h ~ 0 u h~ --==... . " .. 1:1 q, r, I 'r ! I 101 " ' !q e ~ ~ / : i ! fir ....,m () ....., 01>""''"''__:00' '~glL>~""l'llDl(> IS) 'iii7iO<~ I o-{? ~tf ~~ ..-w __.t{I-._ <Il.~'.' . ~Q ....~?<<I .;~~ ~:~~:~, ~ "-i>Q'J , C) ~)tOlJ ~'JOJQ: w z ~ r '" ~ D Z g . I ! I ""~"n' ~ I ~ ~, li ~ ~ ~ J i I , , , Ii i _~~~....~_~ ----------~3HIO---------ONINOZ 'NOI51^3~ 15\>'1 Agenda Item N0. 178 May 25, 2f~ Page 83 of '!,- ~ ~~I~ cW- ~ \?iJilfydAA" _~j. . ~~ aAj gCV1MP~'Vcl1J~ ~~~ 6 ~~ ~kt~ItlYlCf 1= ~ 00 ${(T ttr \~ Ifo f' &<~~ . ~. ...;: ~ &xi 0itI-- ~ar- ~~I~t~ ~ - ~\I (jJj -=:> WI ('.oJ1 u))~ (~~(.ow. rellJ acf1Y1j V1Jd 1v we.rf'I ~ UJ\\\ ~ lM\f~~ Agenda Item No. 178 May 25, 2010 Page 84 of 1~ _ .....~ \11l.J. ~ 7'2 . .......~~.~~~tJ~m..... ~........... A9-"~~'-..~....U .. ... ..... ~ H'__COfi. . ....j 1Jf'''tHJl1b'tU . 'd,; c-...~.~.~VJ1. , :l 0- C C '" " :>Il " .... It ;s ~ 5 ~ ~ " ~ . . . .. N % t . ~ ~ : . ~ ~ " . ~ . . ~ ~ .. .. " ~ ~ i i .. . '" " " '" " i t ~ i Agenda Item No. 178 i May 25,2010 ~ Page 85 of 107 i ~ ~ . @ ~ ~ .. J! j g. i ~ ig 11 .!!i r~ ~t5 e.. ~. ~~ .3.s '~ ~ 8:S ..{j H ~" ~ t ~ a. t <.> '6 <.> .!! . ~ ~ .~ " ~ ! t ~ jj <.> ~ :;; V' ~ ,.... ;; ex If ~ c 'E .:,: p: ~ p; 1 ~ << c ~ Po <( c.; lZ C :z <( .1: c c!( II ~ "f- > , . << .~ , , o ~ , o E .t; ~ i c < . ~ .; . , , ~ J c < E -' Agenda Item No. 17B May 25,2010 Page 86 of 107 ~ Community Development & Environmental Services 2800 Horseshoe DrIve N. Naples, FL 34104 239-252-2400 Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number: Full Amount: Amount Tendered: Overage Amount: Contact: FEES: Descriotlon RECEIPT OF PAYMENT 2009015978 2009-008481 08/19/2009 Check 52373 $1,000,00 $1,000.00 $0.00 Port of the Islands Community Improvment 210 N University Dr Coral Springs, FL 33071 Reference Number Q!jgj,o.QJ. m Amount Eftk! Pre-application Meeting PL20090000910 $500,00 GL Account $500.00 131-138326-341276 Pre-application Meeting PL20090001077 Cashier Name: Batch Number: murphylinda 432 $500,00 $500.00 131-138326-341276 Agenda Item No. 17B May 25,2010 Page 87 of 107 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, as amended, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominiUlll and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting, Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance ~~ (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this j'b +V'day of February, 2010 by Robert L. Duane. who is personally known to me or who has produced as identification. v\~VlfAANu '\f..JM~ (Signa ure of Notary PublIc) ~V\aV\ie KcAfO \ Printed Name of Notary (Notary Seal) {O)l~@~n~~\ru i~ FEB 1 2 2010 IlVJ STEPHANIE KAROl MY COMMISSION' DO 755816 EXPIRES: Man:lt 9, 2012 BondodThruNolaryPlIbi::llrdtrwritelS H:\2009\20090Z0\LD\Rezone\NIM\Affidavit of Compliance NIM_ 09[1 J.doc HM HOLE MONTES eNGINEERS . PLANNeRS . SURVEYORS I.ANOSCAPEARCHITECTS Agenda Item No. 17B May 25, 2010 Page 88 of 107 950 Encore WaY' Naples, Florida 34110 . Phone: 239.254.2000' Fax: 239.254.2099 February 10,2010 Re: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District RZ-PL-2009-910 HM File No.: 2009.020 Dear Property Owner: Please be advised that the Port-of-the-lslands Community Improvement District has made a formal application to Collier County to rezone 4.8:1: acres from the Conservation Zoning District ("CON") and the Resort Tourist District ("RT') with a Conditional Use (CU) for sewer and water facilities and to the RT District for a rezoning to the Public Use District "P" to allow for the upgrading of the sewer and water system and to allow for a community meeting room for the Port-of-the-lslands Community Improvement District. In compliance with the Land Development Code requirements, a Neie:hborhood Information Meetine: will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development. The Neie:hborhood Information Meetine: will be held on Thursday, February 25, 2010 at 5:30p.m. in the Ee:ret Room at the Port-of-the-IsIands Resort and Marina located at 25000 Tamiami Trail East, Naples, FL 34114, At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions, Should you have questions prior to the meeting, please contact me. Very truly yours, HOLE MONTES, INC. REPRESENTING THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT ~~ Robert L. Duane, AICP Planning Director Enclosure: Location Map [O)~cg~U%7~fn1 if] FEB 1 2 2010 ~ H:\2009\2009020\LD\Rezone\NlM\NIM Property Owner Letter.docx .... ~ CI) .... .... I!! -.-__.._".., 0 ;^ , .... VI ___...~,_".__.._.._.,,,.....,_~:]_,,.., c.~ .' j t'." "... . ...-,""....."""'""__"""""""'-J'; ,,,..~"""""""-,...,,""""-""'..;t.'''''_.'''''',.''''''.'''''"''''''''''''''........,.............-.,"'...'''r''.J: I _r....--~...._' _.".._,__..._.._......."....~.,,'~.......J ~ I J ~ ~~l lieXiCO ~ <(2) ~ o z Q. <C :E z o - I- <C o o ...J ~ } ~ ~ ] ~ .. [ iU'~ 8 '5 ~ ~ 3:i~S~ e;t~~~ ~ c _CDC: W si~()~ _ gc.s:!.{g.~ Q (])~~~~ z '<:e.o LL ~ 1 .3 .>; ~ ~ ~ ~ ~ 8 ~ I~I~ i .J Ii i Olii m Iil5 ~ /' ;0 Easy Peell!l Label~ Use Averyl!l Template 5160llJ 6RH ENTERPRISES LLC 425 RIDGE CT NAPLES, A. 34108-2602 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT 25000 T AMrAMI TRL E NAPLES.FL 3411......602 Etiquettes facile. a peler Iltilic::p7 11'30 n;:ah:.rit AVFRV@ t:;1Fi.nQi) I I I ..I ... - Bend along line to Feed Paper - expose Pop-Up Edge™ LOULAND LLC 256 BENSON ST NAPLES.FL 34113-8540 REMUDA TdwER LLC % THOMAS L BARNARD 211 PINE VALLEY CrR NAPLES,FL 34113-7623 .... Sens de Repliez A la hachure afin de i ,.60610:0." I... r...h........ P......~llnTM I V A~ AVeRV~160llJ ! ~ May 25,2010 ..I. Page 90 of 107 PORT OF THE ISLANDS COMMUNiTY IMPROVEMENT DISTRICT 25000 T AMtAMI TRL e NAPLES,FL 34114-9602 TIITFIDNR FAKAHATCHEE STRAND ST PRES % DEP DOUGLAS BLDG 3900 COMMONWEALTH BLVD TALLAHASSEE,FL 32399-6575 ~1~@~U~~\ru 1W\l FEB 1 2 2.010 1\lJJ www.avery.com 1_.Clon..r.:n A\/l::DV Agenda item No. 17B (~l(J18Al THE PORT-OF-THE-ISLANDS REZONE PETITION NEIGHBORHOOD INFORMATION MEETING FEBRUARY 25,2010 NAME ADDRESS TEL. NO. ~ H:\2009\2009020\LD\Rezone\NlJy[\NlM Sign-In Sheet.doc M HOL ONTES ENGINEERS ' PlANNERS 'SURVEYORS lANDSCAPEARCHITECT8 Agenda Item No. 17B May 25,2010 Page 92 of 107 February 25,2010 950 Encore Wey. Naples. Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099 Re: Port-of-the-Islands Community Improvement District Application to Rezone from CON and RT to P District RZ-PL-2009-910 HM File No.: 2009.020 Dear Property Owner: The rezoning request for the CID is to rezone 4.8 acres from the RT and CON Districts with a conditional use for essential services (sewer and water facilities) and the RT District to the Public Use District to allow essential services (principally sewer and water facilities) and an area for a community meeting room for the CID District on the southern portion of the property on 1.16 acres (see attached Master Plan), The location of the proposed rezoning is north ofU,S. 41 and generally at the location where the existing sewer and plants are located, The Resort Tourist District without the conditional use for essential services would generally allow multi-family and hotel and motel uses, as would the southern 1.16:10 acres that is currently vacant. See attached list of permitted uses from the Collier County Land Development Code for the RT District. The rezoning to the Public Use District for the entire property would no longer allow hotel and motel uses and the conditional use for sewer and water facilities but would allow for public uses including sewer and water facilities among other uses included in the P District (see attached list ofpennitted uses), While the ClD District intends to use the subject property for sewer and water facilities and a community meeting room, a number of other uses are also permitted, as you can see from the attached list, some of which may be considered less desirable than the proposed use that are for sewer and water facilities and a meeting room for the CID District. The ClD District will state on the public record that the CID District at the present time intends to only develop the subject property in accordance with the proposed uses as generally set forth on the Master Plan for essential services and similar use to serve the needs of the Port-of-the-lslands community, Prohibited uses include collection and transfer sites for resource recovery, Very truly yours, HOLE MONTES, INC. REPRESENTING THE PORT-OF-THE-ISLANDS COMMUNITY IMPROVEMENT DISTRICT ,&dJ a4'~" Robert L. Duane, AlCP Planning Director Attachments as noted. H :\2009\2009020\LD\Rezone\N IM\NlM Handout.docx 'II: I I I , I I OJ > a: OJ 0 OJ a: .. OJ ... ~ < rn ... () 0 rn 0 0 <( Z I Z < 0 a: 9 ... C!l 0 ~ OJ N OJ J: 0 ... < J: < ~ .. Il- ,. '" i m . " I I Ii li'I11 i il l~ II I ~ 1- il i ! ~f j~ II ! ill ~~ H _ 0 ' 1 I' Ij,l. I _,I t- It I ~ ~ Ii ~I It if Will i IU!J tU I g I ~ II it i~ h Ii II, 'f h~ h 'J'}!.I1 I II ~i II if ~ji~l!i HI ii :jllll :1 jJ, fll'l! hlf!l! lil it t.f III I ti i, l' Iii f!~IJ II (Ij ~l ~h ') !H II if hi, ~i!!i !I ~ Ii ~I ~H g <! III <J I:l 'I z2 <0 ~fff3 ~ii 0<< a:~o: ~:E~ :~ 0: ~ ~ , ~ 'Ii . ~ ;g ~ dH ~ 1m) ~~ ~ MJJ~ ; 5~! ~1 ~5 ~ om' >- II '" n 8'.~ I~!I ~ .. ~~ ~ ~~Ill ::E ::E .. " ~II C!l a ~~ ~~ ~ ~~~ ~ ~ u! ~~ t;; ~:~ ~I z " ~ , tn fl'illl! 0 N z o 9 C!l ~ Z o N m~" :">" ',-- --~,~~~ --...............--.".......-, f .J.fl ,J ~ t ~ 1<e" ~ Agenda Item No. 17B May 25,2010 Page 94 of 107 LDC Section 2.03.02.E. Residential Tourist District (RT) The purpose and intent of the residential tourist district (R T) is to provide lands for tourist accommodations and support facilities, and multiple family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map ofthe Collier County GMP. 1. The following subsections identifY the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district (RT). a. Permitted uses. 1. Hotels and motels, 2. Multi-family dwellings. 3. Family care facilities, subject to section 5.05.04. 4. Timeshare facilities. 5. Townhouses subject to section 5.05,07. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RT district. 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. 3. Private docks and boathouses, subject to section 5.03.06. 4. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in section 10.08,00. 1. Churches, 2. Marinas, subject to section 5.05.02. 3. Noncommercial boat launch facilities, subject to the applicable review criteria set forth in section 5.03.06. 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to 9 400.402 F,S, and ch. 58A-5 F.A.C.; and continning care retirement communities pursuant to 9 651 F.S, and ch. 4-193 F.A.C.; all subject to section 5.05.04. 5. Private clubs. 6. Yacht clubs, 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to, section 5.04.04. 8, Ancillary plants. Excerpt from Municipal Code Corporation Website for RT Zoning District 2-18-10 Agenda Item No. 17B May 25, 2010 Page 95 of 107 LDC Section 2.03.05.A. Public Use District (P) The purpose and intent of public use district (P) is to accommodate only local, state and federally owned or leased and operated government facilities that provide essential public services. The P district is intended to facilitate the coordination of urban services and land uses while minimizing the potential disruption of the uses of nearby properties. I. Any public facilities that lawfully existed prior to the effective date of this Code and that are not zoned for public use district (P) are determined to be conforming with these zoning regnlations. 2. Any future expansion of these public facilities on lands previously reserved for their use shall be required to meet the regulations in effect for the zoning district in which the public facility is located. 3. Government-owned properties rented or leased to nongovernmental entities for purposes not related to providing governmental services or support functions to a primary civic' or public institutional use shall not be zoned for the public use district (P), but rather, shall be zoned or rezoned according to the use types or the use characteristics which predominate. 4. The following uses are permitted as of right, or as accessory or conditional uses, in the public use district (P). a. Permitted uses. 1. Administrative service facilities. 2. Child care, not for profit. 3. Collection and transfer sites for resource recovery. 4. Communication towers, 5. Education facilities. 6. Educational plants, 7. Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10, MuseUllls. 11, Park and recreational service facilities, 12. Parking facilities. 13. Safety service facilities. 14. Any other public structures and uses which are comparable in nature with the foregoing uses. b. Accessory uses. 1. Accessory uses and structures customarily associated with the principal permitted uses, 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a primary public use of the site for public purpose and which are consistent with the growth management plan. 3. Temporary use of the site for public purpose in accordance with section 5.04,00. 4, Accessory uses which are provided by concessionaires under agreement with the county for the provision of the service. Excerpt from Municipal Code Corporation Website for P Zoning District 2-18-10 Agenda Item No. 17B May 25, 2010 Page 96 of 107 5. Any other public uses which are comparable in nature with the foregoing uses. 6. Earthmining, provided the use of the excavated materials is utilized for governmental projects. c. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in section 10.08.00: 1. Airports and parking facilities. 2. Ancillary plants. 3. Animal control. 4. Detention facilities and jails. 5. Detoxification facilities. 6. Electric or gas generating plants. 7. Incinerators. 8. Major maintenance and service facilities. 9. Mental health and rehabilitative facilities, not for profit. 10. Resource recovery plants. 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Any other public uses which are comparable in nature with the foregoing uses, 14. Earthmining. Excerpt from Municipal Code Corporation Website for P Zoning District 2-18-10 z ==:3 7B May 25,2 10 Page 97 of 07 - ItIWII GRAPHIC SCALE: 'h ~ 1:':"'": >"- ~ ,no --------------- r I I rouo t: 010S6!nlOO4 OWNER: RO.IUOA TOYIEII LtC O.R. oU'8..~, 3512 L--- --- r --- --- F'QUO t: OI~212Ofl O~;I.OULAND UC O.R. 4439. PC. 1128 L I ...J ..aIm; i j rouo" 0105692'1206 OWNER,LOlJl...AH(l Lt.c O,R. H39. PG, 1126 I..ECAI...UESCRlI"TlON: A PAACaOF LANtlLOCATmINA PORTION OF SECTION 4, TOW~SHII>52sotmf. AANGE:;!' EAST. caulS/; coumy, FlORll:lo\, B!.ING MORE PAAT1CtJt.AALV DESCRl81m lIS FOl.l.OWSl SEOlN AT THE NClRlllE'AST CORNeR OF THE SOlITHEAST QUAR'fCA OF SECTION 4. TOYmSHIP S2 SOiJi'i.l,ItNIGE28 EAST. COL1..leRCOUNTY, FJ.ORlClA;~RUH S,1Xl"3r4G"E.,ALONO THE ~T l.IHE OFTHE SOl.m16AST QUNn'ER OF MlO S&CnON 4, FORA Dl.sTNfCE OF llll4.23 FEET; lMENCER~ N.oW31'46"W~FOI\A ClSTAtlCEOF._ FeE1'TC THfi: 1lEGINNlNG0fI A TANtiEN'TIAJ. ~ CURVE CONCAve NORnIEASTERLY: THetC:l! IWN NOR'THWESTERL T ..o.L.ONG THEARC OF lWD CUPt\IE TO me RlGIiT. HAV\HGA ~lU$ OF82.50 l"EETn<<ot.JGH A cetmw.ANGl.e OF 45'l101lV" SU8lEHDEO I5V ACHOfU) 01' 63.14 Fro AT ^ SENlING OF N.23"OT<<>W~ FOR A. DISTANCE Of M.llD FEETTO Tltl! ENe Of' SAID CUAVe; 11iaCE A1.lN N.oo"31'48"Wq I"OI'tA Dl6TAHCI!i 0I"a6.08 FEET;TmNCEI'tUN&.ar22'14'W.. FORADl5TANCE OF 3S1Ill FEET: nENCE RUM NJlD"SNB"W.. FORA DISTANCE OF S&D.03 FIET: 'TliINCE RUN N.DO'38'Inl'., FORADllTANCeOF 28ll.ll FEET; THENCE RUN N.Ill"2f'll2"E. FORA Cl8TANCE OF 77.18 FEeT; 'THENCE Rl.IN N.lID*I:04'W.. FORA om..w::e 0'F3.Oll F!ET;THEHCl!. R!JN N.II9"'OT56"E., FOR A DISTANCE. OF 35.DD ~ 'nWICE RUN &.DD"52'D4"E., fOI'l A OlSTANCE OFl.19 FEET; THEHCt RUH N.&9"'2f'02"E. fORA DISTANCE OF 137.12 FEETTO A POWTOHTHE EAST UNE Of THE HOImlEAST QUARTER OF SAIl) $!CllON 4; 11fENC61WM S.ocnn8"E., AlONG THE EASTUNE OP'1'lE:~Ql/ARTEROFUlD llECl'1OH4 fORA DlSTANCC0f"3O/UlllFlSeTTO'tHt I"OlNTaf'BEGII'IlNlNO:CONTAJNINGUQIICRES,MMe OR LESS. !; ~ " LEGEND' ~'" ~~ 5"" ~fr %~ ~; ~ ;lP :~ ~ r' ~~ : :ms ~! ~ ::- F'lEW BOOK ~ &; " &; ~ &> . ""'" THIS PROl>ERTY IS S1.iBJEctTO EASEMertS, RESERVATIONS OR RESTRlC'lJOIIIS OF RECORD. BEARINGS SHOWN HeREON REFER TO nilE ~r lWE OF ntE 90IJTllEAST QlJAATER OF ~~~~OWN5HIP!l2 SOUTH.. RANGE 28 EAST, COI.LllilR COUNTY, FlOFllOAAS BEING ABSTRACT OF mt.E HAS NOT aE.ENREVlewmLQ~~.__ ElEVATIONS REFER TO THE NATIONAL GEOOeTlC vmTlCAl OATl)M OF 1929. SITE BENCHtMRK: BM lI'l~'f3.(l1, UPPER WEST F'l.ANGE BOlT ON FIRE HYDRANT NEo'IR S.W. CORNER Of' PR,OPERlY. El..l!V." 8"" T01>OGFtAPHICAl.. OATA SHOWN HEREON WAS OBTIIINfO ON 1l!IlWa. THIS SUPYEY IS NOT VAl..ID WIlllO\1!niE SlGNATUFlS AND ORIGINAL RAISED SEAl... OF A FLORJD.O. UCENSIID SUfWEYOR AND MN'f'EFl CERTlFlED TO: PORT OF 'Tl-lE ISl.ANOS COMMUNITY IMPROVEMENT OIS'!1l.Ict j HEREBY CERTIFY 'JW<lT TloIIS SKETCH 01' Tl1I!: HEREON DSSCftIBED PROPERty WI>$) SVRVEVEO UNDER MY DIRECTiON ON OtVI1/21Xlll.I ftIR'T}!ER Caml"YllIAT lHlS SURVEY MEETS 1HE MINIMUM ~STAN!W'lOS FOR lAND SlJRVlMNG INTHE STATE OF FLOI'llOAPURSUANT TOCHAI'TEFI&1G1Hi,FAC. HOLE MONTES, INC. : . CERl1FICATE OF A\J'THoFt1zATlON NmmERlB In2 BY 'I.vw.,,~ )fi,:.';,~~.;{;.2- '- THc::>W.sl.(':IU~ 1".5.....5528 STA.TE O!' flORIDA A-2095 BOUNDARY SURVEY 08.011 """""",. """""... AdqptedNov.2S. ALlTIlORITY: 3saFS. Lawlniplemei\t~d Chapter 73,131. Laws Rule 2S-25.011.F,A,C.. 2S FLADC 28-25.011 current with rules included iu the March 19,2010 issue of the Floridl\ Administra;ive Weekly. Copr. (C) 2010 Thomson Reuters. A)l rights reserved. END OF DOCUMENT @2010ThomsonReuters. No Claim 10 Qrig, US Gov, Works. http;/ Iweb2.westlaW.com!l'rintlpm'1tstream.aspx?sv=Split&prit=HTMLE&fn Co~ <;:ounty ~ - Agenda Item No. 17B May 25, 2010 Page 99 of 107 CONSISTENCY REVIEW MEMO To: Kay Deselem, AICP, Principal Planner, Zoning and Land Development Review Department From: Beth Yang, AICP, Principal Planner, Comprehensive Planning Department Date: January 26,2010 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: RZ-PL2009-91O PETITION NAME: Port of the Islands REQUEST: Rezone :104.8 acres from RT, Resort Tourist Zoning District and CON, Conservation Zoning District to P, Public Use District to allow expansion of the existing water plant along with other essential services and a community meeting room for the Port of the Islands Community Improvement District (CID). LOCATION: The subject property is located north of U.S 41 in the Port of the Islands, having a physical address of 12700 Union Road, in Section 4, Township 52 South, Range 28 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated as Urban _ Mixed Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the Urban designation allows essential services as defined in the Land Development Code, Section 2,01.03 of the LDC identifies the proposed use as an essential service. In addition, the subject property lies within "Port of the islands" and is excerpted below from the Future Land Use Element. "Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands, Port of the Islands is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. " Agenda Item No. 17B May 25, 2010 Page 100 of 107 The subject property is zoned "RT" and "CON", with an approved Conditional Use (CU-92-50). This petition is also a companion item for five variances, including reduced parking requirements. The applicant is seeking rezoning of "RT" and "CON" zoned portions of the property to "P" for future expansion and development of the facility. There will be no increase of intensity of use for the subject property. FLUE Policv 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. " It is the responsibility of the Zoning and Land Development Review staff, as part of their review of the petition in its entirety, to perform the compatibility analysis. Based upon the above analysis, staff concludes that this petition may be deemed consistent with the Future Land Use Element. cc: Ray Bellows, Zoning and Land Development Review Section, Plaming Manager Mike Bosi, AICP, Comprehensive Planning Section, Plamiog Manager David Weeks, AICP, Comprehensive Planning Section, OMP Manager 2 ala.... ....~o ~o~ .N_ ~L60 ENe; 2 ~~ -;;;:;: OJ '0 t1l C Q. " OJ <( ~ ~ " '" " i o " z o " H " ~ ~ g , e ~" ~ ;'! ill " " .; ~ ~ " '" " " .; "'~"," / -. - ~ ~ r}lV 0... <( 2 '" z z o N ~I :1 ~~I ~I z o I- <( U o ---l Agenda Item No. 17B May 25, 2010 Page 102 of 107 ORDINANCE NO. 10-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A CONSERVATION (CON) AND RESORT TOURIST (RT) ZONING DISTRICT TO A PUBLIC (P) ZONING DISTRICT FOR THE PROJECT KNOWN AS PORT OF THE ISLANDS, LOCATED AT 12700 UNION ROAD, IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4,848+/- ACRES SUBJECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE NO, 92-59; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Robert Duane, AICP of Hole Montes, representing Port of the Islands Community Improvement District, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classitication of the real property more particularly described in Exhibit A, located in Section 4, Township 52 South, Range 28 East, Collier County, Florida, is changed from a Conservation (CON) and Resort Tourist (RT) Zoning District to a Public (P) Zoning District for a 4.848+/- acre project known as Port of the Islands, subject to the conditions shown in Exhibit B. Exhibits A and B are attached hereto and incorporated herein by reference. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance No, 92-59, establishing a Conditional Use for a water and wastewater treatment plant, is hereby repealed. Port of the Islands RZ-PL2009-910 REV. 4119/10 10f2 Agenda Item No. 17B May 25, 2010 Page 103 of 107 SECTION THREE: This Ordinance shall become effective after filing with the Department of State and 45 days after rendition of this Ordinance to the Department of Community Affairs, the Southwest Florida Regional Planning Council and owner in accordance with Sections 9J-I-002 and 9J-I-003 F.A.C. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: \.-l(J'(..\yOIO '-11)-\ Heidi Ashton-Cicko Section Chief, Land Use/Transportation A TT ACHMENTS: Exhibit "A" - Legal Description Exhibit "B" ~ Conditions of Approval CP\ 1O-CPS-O 1 00] \3 9 Port of the Islands RZ-PL2009-9! 0 REV. 4119/10 20f2 Agenda Item No. 17B May 25, 2010 Page 104 of 107 HM HOLE MONTES _.IVlI<RS'_ """""- 9SQEncoreW'I'J'NlpIM,F1oridl34110'Phan8:tl9.254.200Q'FIX:239,25U07~ HM PROJECT #2008.011 5113/2006 REF. DWG. #B-8358 lEGAL DESCRIPTION: A PARCEL OF lAND lOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COlliER COUNlY, FlORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: ~ AT THE NORTHEAST CORNER OF TIlE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COlliER COUNlY, FlORIDA; THENCE RUN S.00'37'46"E., AlONG THE EAST liNE OF THE SOUTHEAST QUAR'rER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET: THENCE RUN N.45'37'48'W" FOR A DISTANCE OF 269.86 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE' CONCAVE NDRTHEASTERL Y; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGlE OF 45'00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23'07'46"VV" FORA DISTANCE'OF 64.60 FEET TO THE END OF SAID CURVE; THENCE RUN N.00'37'46"VV., FOR A DISTANCE OF 65.06 FEET: THENCE RUN S.89'22'14"VV" FOR A DISTANCE OF 35.00 FEET; THENCE RUN N.OO'37'46"W., FDRA DISTANCE OF 350.03 FEET; THENCE RUN N.00'38'58"W., FORA DISTANCE: OF 299.86 FEET; THENCE RUN N.69'21'02'E. FOR A DISTANCE OF 77.18 FEET; THENCE RUN N.OO'52'04"VV., FOR A DISTANCE OF 3.06 FEET: TIlENCE RUN N.69'07'56"E.. FOR A DISTANCE OF 36.00 FEET; THENCE RUN S.00'52'04'E" FORA DISTANCE OF 3.19 FEET; THENCE RUN N.89'21'02'E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.OO'38'56"E., ALONG THE EAST liNE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4,848 ACRES, MORE OR LESS. THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST liNE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH. RANGE 28 EAST, COLliER COUNTY, FLORIDA AS BEING S.00'37'46"E, HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION lB # 1772 BY: ~O!:;M.~ P.S.M. #5628 STATE OF FlORIDA H.~~Or-",~,,,,,,,,,,,,,-,DQC; Naplcs'FlIl1M~''nnicll Exhibit A Agenda Item No. 17B May 25, 2010 Page 105 of 107 CONDITION OF APPROVAL Port of the Islands RZ- PL2009-91 0 Principal Permitted Uses within this project shall be limited as follows; A. Within the area that was formerly designated as CON zoning as shown on the attached zoning map in effect prior to this rezone, the uses are limited to only the following uses; 1. Administrative service facilities 2. Communication towers 3. Essential public service facilities 4. Park and recreational service facilities 5. Parking facilities 6. Safety service facilities The following uses are specifically prohibited; I. Chiid care 2. Collection and transfer sites for resource recovery 3 Education facilities 4. Educational plants 5, Fairgrounds 6. Museums 7. Libraries B, Within the area that was fonnerly designated as RT zoning as shown on the attached zoning map in effect prior to this rezone, the uses are limited to only the following uses; I. Administrative service facilities (including a community center) 2. Communication towers 3. Essential public service facilities 4. Park and recreational service facilities 5. Parking facilities 6. Safety service facilities 7. Libraries 8. Any other public structures and uses which are comparable in nature with the foregoing uses The following uses are specifically prohibited: I. Chiid care 2. Collection and transfer sites for resource recovery 3, Education facilities 4. Educational plants 5. Fairgrounds 6. Museums. Revised 4/7/10 to reflect ccpe changes EXHIBIT B Page 1 of 2 A-ACSC/ST A-ACSC/ST Agenda Item No. 17B May 25,2010 Page 106 of 107 CON RT I"OIfT -OF - T;E -ISLANDS ~REMUb" Fl'ANC'il I I I ) , (CON~ ) I -'~." \ ~ '.~.' \ ~ \ 1:) /) jl (/ / 1/' PC;R--O~~ THE-iJLAf.;CS (REMUGA RMKH;! \ I Isv ---------= TAMIAhll TRA:l 1.1.$, CON-ACSC/ST == ZONING MAP EXHIBIT B Pcc;;e 2 c~ 2 Agenda Item No. 17B May 25, 2010 Page 107 of 107 t8D o Monday, May 10, 2010 0 Naples Daily News ('J:l'J II"W~:III~ ~ Ii H.m. ('J:l'JIU'lIl~:III~ ~Ii H.m. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, May 25, 2010, in the Boardroom, 3rd Floor, ~r~nin~s~~~~~nFI:~~~:n~e ~o~~~d ;rCo~n:~~~~I~n~~t:i'1l ~~~~iC:~h~a:::~! ment of a Coun~ Ordinance. The meeting wilfcomrnence at 9:00 A,tw'. The title of the proposed Ordinance is as follows: . AN ORDINANCE OF THE BOARO OF COUNTY COMMISSIONERS OF COLLIER COUN. TY; FLORIDA, AMENDING ORDINANCE NUMBER 2004<11, AS AMENDED, THE COL. L1ER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABUSHED THE COMPREHEN- SIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN. TY, FLORIOA, BY AMENDING THE APPROPRIATE ZONING ATlAS MAP OR MAPS BY CHANGING THE 20NING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPER. TY FROM A CONSERVATION (CON) AND RESORT TOURIST (RT) 20NING DISTRICT TO A PUBLIC (P) ZONING DISTRICT FOR THE PROJECT KNOWN AS PORT OF THE IS- LANDS, LOCATED AT. 12700 UNION ROAD, IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.848 +1_ ACRES SUB. JECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 92-59; AND BY PROVIDING AN EFE=ECTIVE DATE. . Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. , ~~uTnE~ a~~rn~~~a~~rW'~~~1ot~r~:~~ati~n a~l t~~e~g:n~t;~:u~. t:j~eJre~. ~~ dividual speakers will Ce limited to S,minutes on anyitem..The selection of an indi- b~d~h~ t~hs~~~~n~na b:~~~fes~e~s~norib~n~la~~~~poro~r~~~iz:~i~~ur~~~db~f ~~~e~Z~~ min~es to speak on an item. Persons wishing to have written or graphic materials included in- the Board agenda ~~b1kts h~~f~g~~?nm~n~i~as~a~~\~e~ ~~~~~~ fr:t;n=~ Pb~orC~~Sj~~~edes~ect;h: Board shall be submitted to the appropriate County rtaff a minimum of seven da~ ~~i~~~ at~~r~uab~~nr~:%~~f t~~ ~~~~;/al used in prese~~tions before the Board wIll. Any person who decides to appeal a decision of the Board will need a record of the r:~~ded~fg:h~e~r~~;~~i~~:rfstom~d~.,t~hk~or~~C;~ i~~~d:~ thr:u;:n1~~n; ~~r~~~ dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- tiCIpate in the proceeding, you are entitled, at no cost to you, to the. provision of ~~~n I~~~~~dn~~, 3~~:Sta~~~r T:~ii ~:s~je~u~tdi~i ~~~~~~~,M~~ri~:~~tl r,e~~) 252-83BO. Assisted listening devices for the hearing impiured are available in _ the Count~ Commissioners' Office. BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYlE, CHAIRMAN DWIGHT E. 6ROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) ~ 10 7010 N(l~