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HEX Agenda 01/24/2019 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JANUARY 24, 2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. PL20180002744 – Robert Mulhere, FAICP, as agent for Hah Yo Kee Investments, LLC, requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed use of a child care center (SIC 8351) subject to certain stipulations relating to hours of operation and student population, is comparable in nature to those uses permitted for Tract H, as described in Section 3.3 of the Harvest for Humanity PUD, Ordinance No. 99-80 and Ordinance No. 2007-59, as amended. The subject property is located in the southeast quadrant of Carson Road and Lake Trafford Road, in Section 32, Township 46 South, Range 29 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] B. PETITION NO. BD-PL20180002024 – Jill Gaynor requests a 23-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 43 feet, for a boat dock facility with one boat slip and two personal watercraft, located at 75 Pelican Street W, on the north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] C. PETITION NO. CU-PL20180001030 – The District School Board of Collier County requests a Conditional Use to allow an Ancillary Plant facility within an Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.28 of the Collier County Land Development Code for property located on the south side of Rattlesnake-Hammock Road, approximately one mile west of Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] D. PETITION NO. CU-PL20180001697 – Christ the King Orthodox Presbyterian Church, Inc. requests a Conditional Use to allow a church within the Agricultural (A) zoning district pursuant to Section 2.03.01.A.1.c.7 of the Collier County Land Development Code for property located at the southeast corner of Crews Road and Santa Barbara Boulevard, approximately one mile south of Davis Boulevard, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN Traffic Impact Analysis Jubilation aka Harvest for Humanity Planned Unit Development (PUD) Comparable Use Determination (CUD) Collier County, FL 08/24/2018 Prepared for: Prepared by: Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Phone: 239-254-2000 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 2 Statement of Certification I certify that this Traffic Impact Analysis has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 3 Table of Contents Project Description ......................................................................................................................... 4 Trip Generation ............................................................................................................................... 5 Conclusion ....................................................................................................................................... 7 Appendices Appendix A: Project Master Site Plan ............................................................................................ 8 Appendix B: ITE Trip Generation Manual Calculations ................................................................ 10 Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 4 Project Description The Jubilation aka Harvest for Humanity development is part of the approved Harvest for Humanity Planned Unit Development (PUD) located in the northeast quadrant of the intersection of Lake Trafford Road (CR 890) and Carson Road, approximately 1 mile west of SR 29 in Immokalee, Florida. The project is located in Section 32, Township 46 South, Range 29 East, in Collier County, Florida. Refer to Figure 1 – Project Location Map, which follows and Appendix A: Project Master Site Plan. Figure 1 – Project Location Map This project is part of a mixed-use development consisting of single and multi-family residential dwelling units and an education/college learning site as illustrated in the approved PUD (refer to Collier County Ordinance 2007-59, as may be amended). The PUD allows for Colleges, Universities and Professional schools furnishing academic courses and granting academic degrees, limited to a maximum of degree and non -degree student population of eighty (80) in any term. The approved development program is shown in Table 1A. Table 1A PUD Approved Development Program Development ITE Land Use ITE Land Use Code Total Size Education/College Learning Site Junior/Community College 540 80 students Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 5 The Jubilation aka Harvest for Humanity project proposes to allow a comparable land use, an 80 student day care center, to be included within the development in lieu of the existing college. This Comparable Use Determination (CUD) report will show a trip/traffic comparison demonstrating that the day care center will not generate trips that exceed what was approved with the PUD Ordinance. The proposed change will modify the existing college building to accommodate and allow for the proposed day care center. The proposed development program is illustrated in Table 1B. Table 1B Proposed Development Development ITE Land Use ITE Land Use Code Total Size Day Care Day Care Center 565 80 students Trip Generation The project provides the highest and best use scenario with respect to the project’s proposed trip generation. The project’s site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition, and the software program OTISS (Online Traffic Impact Study Software, most current version). The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE – OTISS trip generation calculation worksheets are provided in Appendix B: ITE Trip Generation Manual Calculations. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. Per ITE recommendations no internal capture is considered for this study. The pass-by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. For the purposes of this analysis, conservatively, no pass-by reductions have been considered for the included land uses. The proposed development scenario trip generation is illustrated in Table 2A. The trip generation analysis based on approved PUD conditions is shown in Table 2B. The net new total external proposed trip generation (Table 2C) shows total proposed traffic conditions versus existing allowed (the difference between Table 2A and Table 2B). Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 6 Table 2A Trip Generation (Proposed Conditions) – Average Weekday Development AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Day Care Center 32 29 61 28 32 60 Table 2B Trip Generation (Approved PUD Conditions) – Average Weekday Development AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total College 39 22 61 44 40 84 In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2017 Annual Update and Inventory Report (AUIR), the peak hour for adjacent roadway network is PM. For the purpose of this report, the potential project’s traffic impact is analyzed based o n projected PM peak hour total external traffic generated as a result of the proposed development (as shown in Table 2C). Table 2C Trip Generation (Estimated Net New Total External Traffic) – Average Weekday Development PM Peak Hour Enter Exit Total Proposed Development Traffic 28 32 60 Approved PUD Traffic 44 40 84 Net New Total External Traffic Net Increase/(Net Decrease) (16) (8) (24) Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 7 Conclusion As illustrated in Table 2C, from a traffic stand point, the proposed development scenario is less intensive when compared to the existing approved PUD conditions. Based on the fact that the previous PUD development was allowed under current approved zoning (reference Collier County Ordinance #2007-59) parameters, it is our recommendation that a day care center be permitted within the Jubilation aka Harvest for Humanity PUD development as proposed within this report. Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 8 Appendix A: Project Master Site Plan Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 9 Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 10 Appendix B: ITE Trip Generation Manual Calculations Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 11 Existing Approved PUD Development Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 12 Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 13 Proposed Development Jubilation aka Harvest for Humanity – PUD – CUD – TIA – August 2018 Trebilcock Consulting Solutions, PA P a g e | 14 ORDINANCE NO. 2007-~ ORDINANCE OF THE BOARD OF COUNTYCOMMISSIONERSOFCOLLIERCOUNTY, FLORIDA,AMENDING THE HARVEST FOR HUMANITY PUDORDINANCENO. 99-80), WHICH 38 ACRE PUD IS LOCATEDATTHEINTERSECTIONOFLAKETRAFFORDROADANDCARSONROADINIMMOKALEE, IN SECTION 32, TOWNSHIP46SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,BY CHANGING THE CURRENT RESIDENTS' ACTIVITYCENTERANDBLUEBERRYFARMWITHITSANCILLARYSALESFACILITYWITHLIMITEDEDUCATIONALSERVICES,TO AN INSTITUTION/COLLEGE LEARNING SITE,AMENDING THE MASTER PLAN, AND BY UPDATING THEPUDTOREFLECTCURRENTCONDITIONS; AMENDINGORDINANCENUMBER04-41, AS AMENDED, THE COLLIERCOUNTYLANDDEVELOPMENTCODE, WHICH INCLUDESTHECOMPREHENSIVEZONINGREGULATIONSFORTHEUNINCORPORATEDAREAOFCOLLIERCOUNTY, FLORIDA,BY AMENDING THE APPROPRIATE ZONING ATLAS MAPORMAPSBYCHANGINGTHEZONINGCLASSIFICATIONOFTHEHEREINDESCRIBEDREALPROPERTYTOCONFORMTOTHISAMENDMENT; REPEALINGORDINANCENO. 99-80 TO THE EXTENT THAT SUCHORDINANCEISINCONSISTENTWITHTHISAMENDMENT;AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael J. Volpe, Esq., of Robins, Kaplan, Miller & Ciresi, LLP, representing International College, Inc., c/o Dr. Terry P. McMahan, Pres., 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 classification of the herein described real property located in Section 32, Township 46S, Range 29E, Collier County, Florida, is changed to amend the Harvest for Humanity PUD to change the permitted uses to replace the current residents' activity center and blueberry farm with its ancillary sales facility with limited educational services to an educational institution/college leaming site, amend the master plan, and to update the PUD to reflect current conditions, all in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or Development Code, is/are hereby amended accordingly. maps, as described in Ordinance Number 04-41, as amended, the Collier County Land SECTION TWO: Ordinance Number 99-80, known as the Harvest for Humanity PUD, adopted on November 23, 1999, by the Board of County Commissioners of Collier County, is hereby Harvest for Humanity POD, PUDA-2006-AR-l1081 Page 1 of2 repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the PUD document attached hereto as Exhibit "A". All other provisions of Ordinancc Number 99-80 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Departmcnt of State. PASSED AND DULY ADOPTED by super majority vote of the Board of Connty Commissioners of Collier County, Florida, this JY "'day of ~.( . i'f ,2007. U . ATTEST,....... DWlGHTRBRqCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PoraffL,k tlst .i'tO C1\flrltMyl:::lerk slQnllture 0/11-BY~J ,HA AN Approved as to form an eg I suf cie y: Thlli l)fdlnanee filed wIth tFic t:tl1QtOry of A!c;~:~B!fice the OT day of~ --.Ot:r:rt and ackno.wledge;ner:-ff1 th,,;j fili 9 race,\< d IS day of 0.( . Harvest for Humanity PUD, PUDA-2006-AR-l1081 Page20f2 Harvest for Humanity A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING HARVEST FOR HUMANITY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR Harvest for Humanity. Ine BY ROBINS, KAPLAN, MILLER & CIRESI L.L.P. 71 I FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FL 34102-6628 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 11/23/99 ORDINANCE NUMBER 99-80 AMENDMENTS AND REPEAL Revised 6/15/07 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE SECTION I PROPERTY OWNERSHIP DESCRIPTION AND SHORT TITLE SECTION II RESIDENTIAL SINGLE FAMILY AND MULTI-FAMILY AREAS TRACT "A fl SECTION III EDUCATION/COLLEGE LEARNING SITE TRACTS "G", "H" AND "J" SECTION IV WATER MANAGEMENT/AGRICULTURAL TRACT "Cfl SECTION V CONSERVATION EASEMENT TRACT "Dfl SECTION VI COMMON AREA TRACTS "Bfl AND "Ifl SECTION VII DEVELOPMENT COMMITMENTS Revised 6/15/07 PAGE 1-1 THRU 1-6 2-1 THRU 2-5 3-1 THRU 3-4 4-1 THRU 4-3 5-1 THRU 5- 2 6- I THRU 6-3 7-1 THRU 7-8 LIST OF EXHIBITS AND TABLES FOR INCLUSION IN PUD DOCUMENT EXHIBIT 1 Location Map EXHIBIT 2 Revised PUD Master Plan EXHIBIT 3 Conservation Easement EXHIBIT 4 Management Plan for Preserve Area EXHIBIT 5 Landscape Buffer Easement for Tract G TABLE I Residential Development Standards and Deviations Revised 6/15/07 3-5 SECTION I PROPERTY OWNERSHIP DESCRIPTION AND SHORT TITLE 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of Harvest for Humanity. 1.2 LEGAL DESCRIPTION The subject property being 38.42 acres is described as: Section 32, Township 46 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT that portion deeded for State or County right-of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at Deed Book 21, Page 541. Southwest quarter (SW 1/4) of the Northwest Quarter NW 1/4) of Section 32, Township 46 South, Range 29 East, in Collier County, Florida, LESS approximately 40 feet over the south part of said premises conveyed to the State of Florida for road purposes and described in Deed Book 21, Page 541, Collier County Records. (See attached Location Map). 1.3 PROPERTY OWNERSHIP The property has been subdivided into eleven (II) separate tracts, (Jubilation, a subdivision recorded in Plat Book 37, Pages 4-7 inclusive, of the Public Records of Collier County, Florida) namely, Tracts A, including the residential Lots 1 through 49 currently are under ownership of individual homeowners; Tracts B, C, E, F, I and K currently under the ownership of the Jubilation Community Association, Inc.; and Tracts D, G, Hand J currently are under the ownership of Harvest for Humanity, Inc. Tracts D, G, Hand J are under Contract to be sold and donated to International College, Inc. 1.4 SHORT TITLE This Ordinance shall be known and cited as the "Harvest for Humanity Planned Unit Development Ordinance." 1.5 PROJECT DEVELOPMENT The project, including use of land for the various tracts, is illustrated graphically by Exhibit "2" Revised PUD Master Plan. There are eleven (11) land tracts, including single and multi-family residential areas, an Education Institution College learning site area, necessary water management lake, and a conservation easement area. 1- 1 Revised 6/15/07 TYPE ACREAGE Tract "A"Residential Single Family (7.6IAcres) Multi-Family (3.82 Acres)11.43 ACRES Tract "B"Common Area 1.20 ACRES Tract "C"Water Management 3.13 ACRES Tract "0"Conservation Easement 11.45 ACRES Tract "E"Open Space 0.77 ACRES Tract "F"Reserved for Future Use by County 0.03 ACRES Tract "G"Educational/College Learning Site 1.63 ACRES Tract "H"Educational/College Learning Site 1.36 ACRES Tract "I"Common Area 1.83 ACRES Tract "J"Educational/College Learning Site 0.38 ACRES Tract "K"Road R/W 5.21 ACRES 38.42 ACRES 1.6 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The project is approved for a maximum of 105 residential dwelling units or approximately 2.73 dwelling units per acre, single and multi-family. and a maximum of 80 degree or non-degree students during any term. A common architectural theme has been used throughout the project including single-family, multi-family, Educational Institution/College learning site. 1-2 Revised 6//5/07 SECTION II RESIDENTIAL SINGLE FAMILY & MULTI-FAMILY PLAN TRACT "A" 2.1 PURPOSE The purpose of this section is to identify specific development standards for the areas designated on the Revised PUD Master Plan, Exhibit "2" as Tract NResidential Single Family & Multi-Family, 2.2 MAXIMUM DWELLING UNITS The project is approved for 105 residential dwelling units or approximately 2.73 dwelling units per acre. 2.3 GENERAL DESCRIPTION Areas designated as Tract "A"/Residential Single Family & Multi Family on the Revised PUD Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreation and facilities, and customary accessory uses. The approximate acreage of the Tract "A" is Residential Single Family (7.61 Acres) and Multi-Family (3.82 Acres). Residential tracts are designed to accommodate internal roadways, open spaces, recreation and water facilities, utilities and other similar uses found in residential areas. 2.4 PERMITTED USES AND STRUCTURES The clustering or grouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, and subject further to the provisions of the Collier County Land Development Code and Table I of this document. No building or structure or part thereof shall be erected, altered, or used, in whole or part, for other than the following: A. Principal Uses for Residential Structures I. Single-family detached zero lot line patio home dwellings 2, Single-family detached villas dwellings 3. Single-family attached duplex dwellings 4. Single-family attached townhouse dwellings 5. Multi-family apartment dwellings 6. Any other use which is compatible in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals (BZA). 2-1 Revised 6//5/07 B. Definition of Residential Structures I. Setbacks are measured from lot lines, tract boundaries, public or private streets or private garage access. 2. Open space area means development adjacent to lakes, conservation areas or parks. 3. Detached Zero Lot Line Patio Homes: Detached single family dwelling structures on individually platted lots which provide a side yard on one side of the dwelling and no yard on the other. The front yard of the dwelling will face the living court and front along the common walkway in the living court. The rear yard of the dwelling abuts the private garage access easement. 4. Detached Villa Homes: Detached single family dwelling structures utilizing traditional placement of dwellings. 5. Attached Single Familv Townhouse: A group of three or more dwelling units attached to each other by a common wall or roof where in each unit has direct exterior access and no unit is located above another, and each unit is completely separated from any other(s) by a rated firewall or a fire and sound resistant enclosed separation or space and wherein each dwelling unit mayor may not be on a separate lot under separate ownership. 6. Attached Single Familv Duplex: A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as a two-dwelling unit under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership. 7. Multiple Familv: A group of three or more dwelling units within a single conventional building, attached side by side, or one above another, or both, and wherein each dwelling unit maybe individually owned or leased initially on land which is under common or single ownership. 8. Clustered Housing: A compact arrangement of dwelling units which allows for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. C. Accessory Uses: I. Accessory uses and structures, customarily associated with principal uses in this tract, include but are not limited to private garages. 2- 2 Revised 6// 5/07 2. Recreational uses and facilities will include but are not limited to a swimming pool, basketball court, children's playground area, common open areas, and gazebos, such uses shall be visually and functionally compatible with the adjacent residences whose occupants will have the use of such facilities, 3. Storage Buildings 4, Any other accessory use which is comparable in nature with the aforementioned uses and which the Board of Zoning Appeals (BZA) determines to be compatible in Tract A. 2.5 DEVELOPMENT STANDARDS AND DEVIA nONS (See Table I) Table I below sets forth the land uses within the PUD residential subdistrict. Standards not specifically set forth herein shall be those specified in applicable Sections of the Land Development Code in effect as of the date of the approval of the SDP or Subdivision Plat. 2-3 Revised 6//5/07 Table 1 RESIDENTIAL DEVELOPMENT STANDARDS AND DEVIATIONS Detached Detached Attached Attached Multi-Family Single Family Single Family Single Family Single Family Apartments Villas Zero Lot Line Duplex Townhouse Patio Homes Minimum Lot Area 3,000 3,000 (per unit) 3,000 N/A Minimum Lot Width 40 40 60 75 N/A Front Yard Setback 10 10 10 10 10 Rear yard Setback 10 10 10 10 10 Principal) Rear Yard Setback 3 0 3 3 3 Accessorv) Side Yard Setback 5 0&10- 10 10 10 Maximum Height 35 35 35 35 50 Minimum Floor Area 1200 900 800 800 800 Minimum Distance 15 10 10 10 15 Between Principal Structures Minimum Preserve 25 25 25 25 25 Setback (Principal Structure's) Minimum Preserve 10 10 10 10 10 Setback Accessory Structures/Site Attention Notes: General: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines or between structures. Condominium, and/or Homeowner's Association boundaries shall not be utilized for determining development standards. I.) -The side yard setback shall be zero feet (0') or a minimum of five feet (5') on either side except where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard, Zero foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided, patios, porches, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building permit. This plan will be used to determine the 10 foot spacing requirement between structures. 2,) The rear of Zero Lot Line Patio Home buildings face the private garage access easement. 3.) A common architectural theme will be utilized, allowing for further reductions in the minimum lot area, lot width, yards and common open space areas. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed, 2-4 Revised 6//5/07 SECTION III EDUCATIONAL INSTITUTION/COLLEGE LEARNING SITE TRACTS "G", "H" AND "J" 3.1. PURPOSE The purpose of this section is to identify permitted uses and development standards for the areas within Harvest for Humanity designated on the Revised PUD Master Plan of Tract "G", "H" and "J." 3.2. GENERAL DESCRIPTION The areas designated as Tracts "G", "H" and "J" on the Revised PUD Master Plan are designed to accommodate Educational Institution/College learning site, services, offices, and customary accessory uses. The approximate acreage of the Tract "G" area is 1.63 acres; Tract H is 1.36 acres and Tract J is 0.38 acres. Tracts "G", "H" and "J" are designed to accommodate an Educational Institution/College learning site, open spaces, utilities, parking facilities, offices, a Collier County Polling Place, storage, and other similar uses. 3.3 PERMITTED USES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses: Colleges, Universities and Professional schools furnishing academic courses and granting academic degrees (SIC Group 8221), limited to a maximum of degree and non-degree student population of eighty (80) in any term. B. Accessory uses and structures customarily associated with the principal uses permitted in this district. I. Collier County Voter Polling Place (optional) 2. Maintenance/Storage Buildings 3. Parking 4. Gazebo/Band Shell/Pavilion 5. Any other use which is comparable in nature with the foregoing list of permitted accessory uses as determined by the Board of Zoning Appeals BZA). 3-1 Revised 6/15/07 3.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Front Yard: Twenty five (25) feet or one-halfthe building height, whichever is greater. Side Yard: Fifteen (15) feet. Rear Yard: Fifteen (15) feet. B. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. c. Maximum height of structures - Fifty (50) feet D. Minimum distance between all other principal structures - Fifteen (15) feet. E. Minimum distance between all other accessory structures - Ten (10) feet. F. Minimum Floor Area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feet. H. Minimum lot width - Seventy-five (75) feet I. Standards for parking, landscaping, signs and other land uses, where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code. 3-2 Revised 6/15/07 SECTION IV WATER MANAGEMENT TRACT "C" 4.1. PURPOSE The purpose of this Section is to set forth the development plan standards for the areas designed as Tract "c" Water Management Tract on the Revised PUD Master Plan, Exhibit "2." The primary function and purpose of this tract will be to provide aesthetically pleasing open areas, water impoundment and principal or accessory use areas. All natural trees and other vegetation as practicable shall be protected and preserved. 4.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land nsed, in whole or in part, for other than the following: A. Principal Uses and Structures: Water Management Detention Area B. Accessory Uses and Structures: I. Sidewalks 2. Gazebos 3. Landscaping, landscape buffers, fences and walls, open spaces 4.3 DEVELOPMENT REGULATIONS A. Buildings shall be set back a minimum of twenty (20) feet abutting residential districts and a landscaped and maintained buffer shall be provided. Setback from the pond to the road right of way will be twenty five (25) feet. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. C. MAXIMUM HEIGHT I. Principal Structure - 35 feet. 2. Accessory Structure - 35 feet. q-I Revised 6/15/07 SECTION V CONSERVATION EASEMENT AREA TRACT "D" 5.1. PURPOSE The purpose of this section is to identify specific development standards for the areas designated on Revised PUD Master Plan, Exhibit "2" as Tract "D" which is the area where the open space requirements for the project are met. 5.2 DEVELOPMENT REGULATIONS Development regulations for Tract "D" are established in the recorded Conservation Easement documents for the property (Exhibit 3), Specifically, the Conservation Easement states that there will be no constructing or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures of any kind whatsoever on or above the ground of the Property. An approved Management Plan for the preserve area is attached as Exhibit 4. An updated Management Plan will be provided at the time of the next Development Order. Remainder of this page intentionally left blank] 5-1 Revised 6/15/07 SECTION VI COMMON AREA TRACTS "B" AND "I" 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas designated on the Revised PUD Master Plan, Exhibit "2" as Tracts "B" and "I". The primary purpose of these tracts will be to accommodate a full range of recreation and facilities and customary accessory uses for the exclusive use of the Harvest neighborhood residents and their guests. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used or land used, in whole or in part, for other than the following: A. Principal Uses: 1, Basketball court 2. Swimming Pool 3. Playground 4. Gazebo 5. Walkingibiking paths B. Accessory uses and structures: 1. Restroom facilities (Tract B only) 2. Any other accessory uses comparable in nature with the foregoing list of permitted accessory uses that are visually and fundamentally compatible with the adjacent residences whose occupants will have the use of such facilities. 6.3 DEVELOPMENT REGULATIONS. A. Buildings shall be set back a mmlmum of twenty (20) feet abutting residential districts and a landscaped and maintained buffer shall be provided. Setback from the pond to the road right of way will be twenty five (25) feet. B. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. C. MAXIMUM HEIGHT I. Principal Structure - 35 feet. 2. Accessory Structure - 35 feet. 6-1 Revised 6/15/07 D. MINIMUM OFF-STREET PARKING AND LOADING Off-street parking for recreational uses will be provided by on the specific tract in compliance with the LDC. Remainder a/this page intentionally left blank] 6-2 Revised 6/15/07 SECTION VII DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments of Harvest for Humanity for the development of the project. 7.2 GENERAL A. At the time the blueberry bushes located on Tract G are removed, this Tract will be seeded with grass and the lawn will be irrigated and maintained by the Owner of said Tract. B. The existing bathroom facilities located on the exterior of the building located on Tract H will be available for use by the Harvest neighborhood residents and their guests in conjunction with the use of the swimming pool located on Tract B during the normal hours of operation of the pool. The owner of Tract H shall be responsible for the repair and maintenance of the bathroom facilities. The exterior bathroom facilities shall not be accessible from the interior of the building. C. The owner of Tracts G, H, and J shall be a member of the Jubilation Homeowner's Association, Inc. and as such member shall be bound by all of the covenants, conditions and restrictions applicable to said Tracts by virtue of the governing documents of the Association. D. The normal hours of business for the Educational/College learning site shall be to weekdays 7:00 a.m. to 10 p.m. and holidays and weekends 8:00 a.m. to 7:00 p.m. The entry gate to the Jubilation subdivision shall control access to Educational/Learning Center site after 8:00 p.m. E. No new structures or buildings are permitted to be constructed as a result of the Amendment to the PUD, Additional public hearings as a PUD amendment shall be required prior to the construction of any additions to existing structures or any new structures for student or student related uses. F. The maximum student population for both degree and non degree students in any term shall not exceed eighty (80) students. G. The university/college entity shall provide a security guard while all evening classes are in session. H. A site development plan must be approved by Collier County that shows parking in compliance with design criteria of the LDC requirements for College/university of 2 per 5 commuter students plus 4 per 5 faculty/staff 7-1 Revised 6//5/07 members. Said parking spaces must be solely provided on Tracts Hand G. Parking by students, faculty or visitor related to the educational classes on any other tract within the project (including Tract E) is prohibited; and I. All roadways within this project, other than Harvest Drive from the entrance at Lake Trafford Road to the turn-around west of Tract H, shall be posted as private; student/faculty access is prohibited; and J. I) The college/university entity shall provide a hedge around the parking lot in Tract G; and 2) The college/university entity shall provide, to the benefit of the Jubilation residents, a perpetual deed or title for that rectangular area of Tract H that is located north ofthe playground area; and 3) The university/college entity shall provide a hedge between Tracts B and H along the area between the southernmost parking lot in Tract H and the playground located on Tract B; and K. Type D buffering shall be maintained or replaced along Lake Trafford Road and Carson Road; and L. The college/university entity shall provide an easement to the benefit of the Jubilation residents for up to four parking spaces within the southernmost parking lot of Tract H; and M. The residents of the Jubilation Subdivision shall have the right to use the meeting rooms in accordance with the policies adopted from time to time by the CollegelUniversity entity on the same basis as non-residents except there will be no charge for such use by the residents of the Jubilation Subdivision. 7.3 TRANSPORTATION The development of this Revised PUD Master Plan shall be subject to and governed by the following conditions: A. Private garage access lanes rights-of-way widths shall be 28 feet. Private streets rights-of-way will be 28 feet. B. Four (4) foot wide sidewalks will be constructed on interior areas of lots and interconnected between residences within the single-family lots. The interior and interconnecting sidewalks will be constructed in lieu of roadway, adjacent sidewalklbike paths. 7.4 WATER MANAGEMENT 7-2 Revised 6/15/07 The development of this Revised PUD Master Plan shall be subject to and governed by the following conditions: A. Roadside and interior lot grassed swales are to be used to convey water within the project to the on-site detention area. Interior lot swales will convey drainage to rear private garage access with inverted pavement to connect to the roadside, grassed swales. Ultimate discharge for the project conforms to the water management requirements for Collier County. B. The rate of post-development stormwater discharge into Lake Trafford will be determined by the SFWMD. 7.5 UTILITIES The development of this Revised PUD Master Plan shall be subject to and governed by the following conditions: A. In Tract "A", utility easements will be located along the front yards of the zero lot line patio homes. Villa homes and multi-family dwellings will have typical utility easement placings. B. Within the Project landscaping, sidewalks/paths will be allowed within utility easements including placement within (3) three feet of a utility line. Canopy trees may be located seven (7) feet from the utility line, being measured from the trunk of the tree to the centerline of the utility line. Reconstruction of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility lines will be the responsibility of the Developer, its successors or assigns. In connection with future construction, if any, all canopy tree locations shall be in accordance with the Land Development Code. 7.6 ENGINEERING The development of this Revised PUD Master Plan shall be subject to and governed by the following conditions: A. The buffering along the western property line shall be reduced to ten feet at the multi-family section to create a consistent buffering along the western property line. Portions of the western property line will be have a ten (10) foot buffer by utilizing the water management and agricultural areas as part of the buffer. The northwestern, northern and northeastern portions of the site require no buffer due to the conservation easement. No buffer is provided along private garage access. Private garage access will have garages situated at the edge of the pavement. 7-3 Revised 6/15/07 B. Grassed swales will be utilized in lieu of curb and gutter systems in keeping with the non-partitioned approach to the development. C. Four (4) foot sidewalks will be constructed within the development. D. Four (4) entrances will be constructed for the development. Eight (8) entrance/development identification signs will be placed near the entrances, 7.7 ENVIRONMENTAL The development of this Revised PUD Master Plan shall be subject to and governed by the following conditions: A. The Conservation Easement conditions for the easement, as set forth in the recorded Conservation Easement, will be adhered to for the development. The Conservation Easement language shall be added to the homeowners' documents and shall be referenced on the final Site Development Plan/Plat. B. Gopher tortoises shall be relocated to Tract "D", Conservation Easement Area, C. At the time of the next developmental order a Conservation Easement dedicated to Collier County without any responsibility for maintenance must be approved and recorded and the management plan for the Preserve Area will be revised to comply with the Growth Management Plan and Land Development Code. 7.8 LANDSCAPE BUFFER EASEMENT The Grant of Landscape Buffer Easement for Tract "G" shall be executed and recorded by the Grantor of the easement in the Public Records of the County within sixty (60) days after the approval of the PUD amendment by the Board of County Commissioners. A copy of the Grant of Landscape Buffer Easement is attached hereto as Exhibit "5". 7-4 Revised 6/15/07 J C1 1 i I I 1 n V N 0.... Z o I- U o 1 I 1 I I 1._ I I v 1 1 n N 1 I 1 I I f I 1 I I I nie-: z liT I 6/15/07 1) j-:i NN' ..~lI: 0 "'....f: ~ Ie or ~:::!1Ilt!l~N"'::!;"''''Zg~ ffi N ... '" CI =:II: II. lII: 1'1 ... '" N Ioo t;u!n i Ii H!l:; ~ :il ~ l:! ~ 11...CI .. ... .. CI ......o ih~~glii~~ri!E ~ ~ ~ ~g !E ~ ~ ; III ~Ii:"a III ~ ~ ~ ~ ~5~~i5~~ ~ 5 0 ~1Smg!~~p~ ~ ~ ~~ .oU~~~~ ~ o~ . i ~~.~~m8 i5~ iil~ 16~ auUOCl:U 1&1,", WI/) i:SWlIIlI: t; ~ FPPlu r. ? ,. f- ~ ~ foo t; t; t; t; I:i ti I:i g t; l:i g~ g g g ~ ~ ~ ri:"':;~o u ooo-~" UU~::: ii:t~"'lIllfl uii~j:::;i!13:l::l"'31-C~~~1!~ t h r o u ih u lu ili l 0 gi!i~.: il B IF~ ::-~-l)1Ii,i III r/<lll ;i; III l:i-c. :::Ii I ~:IIEii i iiIIImIIIiiiIII i i i \ ~ I Il ~ = = ==:: - _ _'I' l/ - - - -----::::_:' I 1I, Ii I IEXhibit 21 i~ .K .... ~I: !i I~ ·I i ~!I "i a:Ii.III i ~ 5 ClD. ad~~ oz ~ u..w~ c J: I!!llII!, I!!l'i 11 ri iil:l' Ie ~!i. Ii!! o Iil'" jl~ j ~ ~ I I j 2395986253 o IilI031J040 1l/2~12006 17: 04 fA! INT COLLEGE MAIL ROO~ t/; I:".. Ii'!K~ 2:.:';) e\\ r:~ p. - f'1.. . . 00':_ 1~:r__ D_ 016;11474 COLLIER COUNTY l!l92 OCT -s !Jl 8' 43 RECORDED 758 OR BOOK 00126/ fAGE ASSIGllKEll'l 01' CONSEI1VA!rIOIl EASEIlll1lT ft<q~;T V 1'RESllWA!rER nSH Call1!ISSION, as As,siqnor,to THIS ASSIGNHEN'J' made this Jl.day o~1.992, by FLORIDA GAilE & BOARD bp COUN'l'Y C:OHKISSIONERs, COI..LIER COUNTY, Florida., as Assignee. FOR GOOD AND VALDAJ3LB CON'Sm~ON, the re~e1pt and surticiency ot which is hereby acknowledged betveen the parties, Assign~r assigns an'd 'l:J:ansfers to Assignee all or its rights, tit.le and. interest pertaining to 'that conse.rv:ation Easement, ~ated 'the 24th day of January I 1.992 executed by Assignor as Grantee And by . JOSEPH S. WEINFBLD F.Al'Il:LY mOST, LESTER PERSleY and HARY B. PERSleY as Grantor, recorded i.n OR Book 1683, P"ge J.084 of the Publio Records of Col1i~r County, Florida~ subject to all terms contained in the COnservation Easement. ASSIGNOR COVEHARm that it is the .lawful and sole owner o1Ltbe intere~t~8~signed hereunder a~d that it has performe4. all duties and Obligations require,,, under the terms and. conditions ot the cond!tlQns and e.l.l respectli'. I Dr"'" AT" illW2lk'16 3;~1;2f PM tCePlral81andUd TIm.]' 'I:~ 6/15/07 3 lD::U1;1I80~3' DURATIOUlmm-sIl):1".(I1 3) 6/15/07 11/28/2006 11:04 ~\X t) 23959862\53 INT COLLEGE MAIL ROOM 032/040 1ltn'(.s5eJS liS t:O Assigrwr:FLORIDA CAME AND FRJ:SH YATER. FISH COHM.IS'SION t:'JleS$ UIMIvlJE C. BEVIS Print:-ed NalIe of Ui'tness 1(, CoIO'l'1e.l Robert' K. Bn.n1:1y Executive D1reccor 620 South Keridiau Street Tallahassee, Florida 32399-1600 By: J)II~ 6CuJ.1J~ Vit:ness D:1rlc.en E>c4ll:.Ml'rlnud N.... o~ V1 tn ss VED I'S TO'fORM CiAl.S'P.'~ I m"''''''Allomey STATE OF f1.Oll.lDA COUNTY OF LEON The foregoing Lnstru~~ne wa' ackAovladg$d before a. thts ~ day of 0;:;,(_+ . 1992_by.Colonel Robere M.- Br.nd~. ExeeuUve Direc.tor, Flortda Ga~ ~nd Fresh Qatar Flsh Co~i$slon. vho (~ 1. ~ersonal1y known to me or vho { I ha's produced drl'lter's Hcensa ., a$ 1denti.f!c.a1:1on and. ",ho did uk. an .car:h. nx 'h-. aM"-../ Not: Public U 1~~ ROSEILVlY ILA.Rl . IrTCCIlAIISIOK'CC~PL''II.1.:1 2O,t... t3IlB1llIlUlJIW""~loe. i Printed NAme of Notary l,Serial No. (iE app2icable) My Co~is$1on Expires: s.t. Ceuity ornO)' uUI, flU (! f€i~ti;; ia':Ji/;:.:..:","~ ~; J' ~s'~C..:"G;lle~; C1 r 4' ~~l\'-';" O.ff1cial Sea)) 2rE_ By: Michael J. V 3301 Tam1ami rail Napl~s, FL 33962 ll:VIl' MPoRIGHTl'AXID' PNlI~e12. C:GlD:23t:;lllG1ti3' DUIlATIONCllU't',$j;14.(J1 , 4) I S In 6/15/07 11/28/2006 17:05 FAX 2395986253 IN! COLLEGE MAIL ROOn lIDU/OlO CONSERVATIOJl' EASEIlEllT u;. THIS GRAllT OF COHSllRVATIOH EASEKl!"'l' is made this;J.!l.. day of J":'r\V~~ 1~92~ by and between JOS:e:PH S. W2:tMFELD F.AHI:LY mUST, LES~ER PERSKY, and HARY E. PERSXY# b~ban4 and wife, hereinafter ,~Granto;c") and FLORIDA GAKE AND FllESSWATllR FISII COMMISSION (herelnaj~ter -Grantee- J. IlI'I'llESSBTH: 7-: wm::RE:AS I Grantor is the ower of certain real ~o~ loeJrted in col1.ier County,' 'JIIore particularly descriD&cS in Exhibit "An' attached heret.o and i~~corporated h~rein (hereinafter ref'e:n:ed. to as tb. "property") I and RIfEREAS, the Property is presentJ.y unimproved. and includ.es lands or water areas p1~edom.inBntly in their natural, scenic, open or 'Wooded condition" zwd JmEREAS" th~ Grall'l:.or desires to psrpe~ate the Pro~ in its I, : natural state to:be prj~;erved as suitable babitat ~or tis;h, 'plents and wildlife consistent: with the philosophies elllbracec:l in seCt.ion 704..06'~:;:florida Statutes:, dealing with conservation Eas~ents and in accordance 101ith the 'p'~:-ovisions of the !l'rafforc1 Hi<]hl~'nc1 Estates Lon~-Tena Manage]llent Gt:lideli1les, Bxhioi t "BM I attached 'hereto and. inCOrpOrated herein. NOR, TBP:E~ORE, in recognition of the fore9oin9', 'tl1e G'rantor does herepy-grant to th~ Grantee a perpetual easement across the t~ J t" f1 V:.. Property. , AXII' DHl"511" CSIC:2355UG2~3 . OORAllON jmm"j.1~14-.o1 n "''''~DDI3~1':.20 PM tCIIfItt'IlStanllard T\m.J' ilIVR:Mp.RlGHT ' 5) 11/26/20Q8 17:05 FAX 2395986253 1NT coLLEGB MAIL ROOM @OS4/04-0 cooe of F.asement The purpose of this easement is to preserV!!. and oonServe the pres~nt natural, scenic, open or wooded condition as a suitable habitat tor endemic plants, trees, aquatic__ fauna, Zl:nd wildlife.. Grantor and, Grantee shall. .be prohibited froB' the fol.lowinq activities. constructing or placing ot bui1~qs, roads, signs, billboards or other advertising, ut~li1;ies or other stnlctures of any kind whatsoever on or above the g'r()und or "tbe Property. DWlip:tll9" or placing of soil. or other substance Whatsoever or cumping or placing of "trash, waste or Unsightly or offensive ~a~ials c) Raov:a.l o~ destruction of trees, shi:ubs r or other b) a). 1::- N i lo:'; vegetii t:ion. d) Exoavat:i-on, dredging or removal of lQaJI, peat, graveJ" soil, rock or other 3Ra'terial siWsbmoe in sUch ml!;rmer as to af~ect the surt"aceOo i.-, e)SudaCli use except t"o.t:; purposes that peX"Zit.. the land or water' area to remain predomin~tly in its natural conditio~_ f)Activi't.ies detri:mental to drainage,water managelll.ent, water cons.ervation, water quality, erosion control, soil conseryation or fish or Wildli.!.!! habitat preservati,.on~ R1GHTfAXIe 'PNlI:811' C8lD:2:lS;Ull2fia' DURATlOlt(lIlm...):H"'1 o"'M.!,51'UPM[C1IlIlr1l8ltild&rdTIms1 S\lR:MP- . 6/15/07 6) 11/28/2006 17:06 FA! 2395986253 INT COLLEGE MAIL ROOM 03l!/040 Act:~ or uses detrillle.n~l to such retention of land. or 1.'l!lter areas. Feecling by humans of' the Florida scrub jay, '.unless . occur.ring as the resul't of placement of typica:l. _._. bird ;F;eea,ers/stations within residents: yardS.... FeecleJ;"s within ."the easeMent designated area.. Off-road type vehicles.. only one vehicular access road\o.tay is allowe~ - into 'the eaSeDant area and this is to be usee! solely to allov acoess by authorized. equip:lll~-1lt related to. :t"ire control, sa~ety, or approvE1d Donitoring or :zaana:gellent activii:;ies.. T:be far.m gate vill renain elosed and locked and secure at all I:;)ther taes.. S:' B k) 1) Bunting activities. Roaming ot house cats or doq-s unattentled or unleasheo... Dumping, stock-piling, excavation or buryinp of' any l~wn, .ho:rticultural or bUilding :material- refpse.. K~ing, pruning,. trl:m.ing or other typ~s of alteration within the eaSe1Dent ar!!,& except'; .as allowed or approved by the Florida Gam~.and' Fresh Water Fisb Commission and under tbe direct i;; f:r H m) i n) supervi!don of a qualified wildlife biologist\ecologist who is responsible for ixnple:ment~ation of the management progralll. 0) Relnoving CLt acorns trom any scrub oak wi thin the MP-RIGHTrAX/II' ONII:IU 'CIID:2;1I51182$3' DUllATION(mmollj:H-.Q1 A........._'....IS'V1dU"dTlmeJ 8\IA. 6/15/07 7) 11/28/2008 17:08 FAX 2395986253 TNT COLLEGE HAIL ROO)!llJOU/040 e.aSp..llle.nt area. p)p~ant.ing of sl~sh J?ine, long-leafed pine, or liv'e oak anywhere: within 660 feet of the eaSeJlletrt area' boundary . 2.Re'lnedit=!s In ,the event of vio~ation of any covenant contained in this easement, .'tl1a G.rantee shall be entitled 'to pursue all, availa:.ble legal and equital;)~e reuedies, inc1.uding injunctionl. I:.! 3.Mail1tAn:!!lnC!l Grantor sh!l.11 Daintai,n the: easeDent area in all respects. 4,Ag~ianment. Sucee~~oys-and ASRianA It is expre.s:z:ly un~erstood that the Grantee's interest herein shall shortly be: assigned. t.o a .local govenuraentlll agency which vil1 .acquire ~ll of Qrantee's riqht title and irrtex-e.$'!: hereunder. iJ:'rt .ts expre.ssly agreed tbat Grantee may, in its sole I aiscre~ion, 'transfer this easement to .1U\O'thef state or i . I l;ocal g-overn:.llll!J1tal agency or to a chari table cO!r'poration or trust d~Clica:ted to the co:nservati~ and preserva1;ion of land in its natural state. f( j W'MP.fllCltlTFAXI&' ONlll:112' CIlIEl:m~'"20a' tlUAATION (mm-a1):14-(1' PAGe2212.' RC'JtlAT 1IJ2B12OllI.:J:51:2tI PM lCtllUll8W1dard nmtl . 6/15/07 8) 006 17 07 PAX 2395885253 11/28/ IN! CO~LEGB MAIL ROOd Ql0371040 J~ i* 6/15/07 I'. J' Jl III WI~ w:EDmE:OP', the' unc1ersignsd- does execute this Grant of conservation Easement on the date first above written. r:,S-{ D By: George s~~ z:By: ^/t//...f. , BeJ..eb R'einreld 'Power o~ Attorney ;'ated. Januoxy 21, 1.992 whicb Power o~ AttOrtU!y bas not. expired or been revoked. sq tne IS No.. 2 If No. :2' GRANTOR. JOSEPH S. WEIIIF.ELI) l'A!C:LY most By: Be~;{'t-t/L~ JOSEPII s. li1lIlIFEW F},!C[LY .TROST 1It.-.~4:/?If !! t!!..))# ~~,; ~ r Pars I,', witness No. 2 Helen Ife hfeld Power o~ Attorney dated Hay 30, 199J," wbicb Power of ~tt:.orney bas not expired. = been revoked b~k llary E. p...~A..o WJ.tness No.2 By: Hel Ifein~el by Attorney dated Kay 30, 1991 which Power o~ Atto:rney ha.s not expired or been revoked 9) 11/28/2006 17:07 FAX 2395985253 INT COLLEGE WAtt ROO~ 1al038/04() GRANTEE: FLORIDA = & FIlESBWJ,.m FJ:S11 COmo:sSJ:DN, Office: ot Enviromae.nt.a1 services f By: WJ.tness No.. ~Brad~ey J_ lIarbIan, 'Di~ 2 W.1.tness No. 2 STA'l"E OF FLORIDA COVN'IY OF CQllie..- The foregoing der of ~~.k~ personal~y kn to j.ns:truDent was acknC!lw~edged be.fo1"e.'~ e this ~$t- If ~992 by HELE'N lfErNP'ELDif co---muSTEE, wbo1S and who ! lidg an OZ-W-iA1-- Not Publ.ic J..u,;c 'C- Cu'bb' Printed. N~a o~ Notary MY CO~s.s.1on Exp~X'$Sf QUj. ''1, !'~y 3~~ S~A'l'S 01' npRIDA ) COON;'Y OF Cotli(.~ . ) nle forego~g i.nr.f:rument was acknowle.dged before me.this ~ day.of ~(."'3~)~ ' 1992 by HELEN WE1:NFELD, under Pciver of Attorney d~ted . ,~"'.. ","2.1 , 1992.t on beha1.f" of GEoRGE SELTZER..CO-TRUSTEE, who is peZ'E;onaUy known to ':'ll! and ~ take an oa~_ Nota~{io . 4:.f~ . c c:. (.J<~b Prlntad Name of Notary . My. commission Expires: Q 6J' tv; /1'i"j fi;. SVR'N1PoRlGHTI'AXle 'PNI8:I12" C$IQXlUJlUU' ouAATIOH IlTllll'II):14-01 PAGlt26o'21' RCVI:) loT 11111/2.00& 3:~1:2' PM ICtrllI"a1 ~atldanl Tlrntl . 6/15/07 10) i:;, i i::: 11/28/200e 11:08 FAX 2395986253 INT COLLEGE MAtL ROOM li:IOS9J040 STATE OF FLORIDA COUNTY OF (ofli"C"'-' Tbe fot'egoing instrument 'Was i!cknowledged be:fore De 'this ~!:i/-' ci~y of :r~""g-""'1 I 19'92 by HELEN wr:: INFELD,. under pgwer(;i' ,Attorney dated May 30, 199'1,. on ~halr of LESTER PERSKY, 'trrbo is pers.snally knO'Wl1 to :me and who did take an oath> /J ' NotarY" lie Lo",c, C. Co<ob Printed Hallie of NotaJ::y Mycollllll.i.ssion Expires: Cl05" ''1, l"ify r STATE OF FLORIDA ,. COllNTY OF Coli......, ) The t'oreqoinq ~nstrwlent \RlS acknowledged before. tae this ~ day o"f '":Fotht!J~Y# ,. 15192 by HELEN HEJ:NFEI..D,. under Power of Attorney dated Ha 30, 19911 on beha1.:f of MARY E.. PERSKY,. who is personaJ.:ly' !01own to 111ft Me! ~ho did ta.k~. ~ o~1:b~ / ' J '-fLAt'- "Notary PubJ.ic L~(;'C. C. Webb Printed. Name or.Not~ My co_ission Expires:~. 1"1, (~'1Y' STATE ai FLORIDA;' cotJNTy OF ThEIl', t'oreqoing' instrUDeJ'Jt lias acknowledged before me thi's~': day of',,":'. #' 1.992 by BRADLEY J. BARxMAN, as Pirect.or-ottheOfficeofEnv1t"onmerl't:.al Services, FLORIDA GAKE ANI)':.FRESHWA1>ER FISH COMMISSION, who is: personally known to me and Who aid take anoath. N'?tary Public Printed: Name of No'tary VR'MPoRlOHJAXIII' OKI8:n2' C81D::t3~6'U25" DURATION lm_t):14.o, PAge: 2546' RCVDAT1112aJ200' 3:51:20 PM leltln Slatlllarcl nmfJ I; , My Commissi6,n Expi,res: 6/15/07 11) 11/28/20011 17:08 fo'A..'( 239:59862&3 INT COLLEGE MAIL ROOM 141040/0'0 i k~ 6/15/07 EXBIlII.T "All DESC1UPTION OF A CONSERn~ON EAS~ pARCE:[, Dl mE SOlr.rllllES'r 1/ 4 OF !!'BE NOR1'IIlfl!S1l' 1/4 OF'SI!CTION 32, 1'OlOlSllIP ,'6 SOO':t'H, RANGE 29 EAS'l', ~ COtlNT!', FLOltXDA. COKl!:EkC:ING. A~.'1'HP. WEST'1/4 c6:ron:R OF SAID'SBC1":tON 32, RUN. fORTH 006-55'-50" In:S'r 1430-.58 FZ:B'I" ALOHG '-'1IE WESr'LDm OF suo SEC'l'IOH ANP 'l'1IE CEll1'ERLINl! OF CJ.llSON 1lOJJ), !rIIEItCE 1I0R.'l'B B9.-171-21~ EASr 30.0.0 n:ET-TO S EA.S~ lttGm'-OF-RAY LINE oP CARSON ROAD AND 'rIm POnn OP BEGDllIDlG. 'l'BEHCB CONTDItlE KORTH 89--111-21" J"..1l,.S"1' l.298.70 F'EET ALONG !l'BE No.R~l'lfL3:NE OF mE Sotl'l'llW;ES'l' 1t. OF TIlE 1I0RL'BllES'l':l./4 ap SAID SEC;'l'IOKI BENCE sot::JT2 00 -!.il'-16- EA.$T.494.7S FB:E:r ALOJfG !l1IB EAS'T' LDf.! OF ~ sAm sa1J'L'lllfZ:S'l' J./' OP TIlE 1Iaa:rHHllS'l' J./., =CZ _ 89....1,'-21:. WEST 645.00 FEE'1't 'l"BENCE: Nom'S OO--Sl'-lfi" WE$4l' 220. 14 FEE'1"; ~c:s sotJ'I'fI 89.-17'-21." 'REST 653.29 J'EE"1" !to t;1'HE E.>.S'1' RXGB1'-<>F-KAY LDlE OF CAIlSON~' mBHCE 1I0ll'l'B 00"-:;5'- SO. >resT 274.6' Fl!ET ALOIlG '1'HE SAn> ~ JU:GII'l'-OP-WAY LDlE 'l'O l"KB POXNT of BEGDllItXNG.. . COl<'l'AZHING 1)...5 ACltES KORE OR LESS. Itll,~~, DUAATlON tmlll-Jlj:'4<D1 12) 1112812006 17:08 PAl 23959862&3 INT COkLEGB MAI~ ROOM 141040/040 EXHIBIT "A" DESCRIPTION OF A COllSmw.TION EAS:EKEln' PARCEL IH mE SOll'rHllEST 1/4 OF !VIlE NOIl:!'IiWES\I' 1/4 OF 'S~ION 32, ':OOII)!SlI:I:P ,4~ SOtr.rH, RANGE 29 J::ASl', ~ c::omrrr, FLORJ:DA.. COMI!I!:i<CING, AT!l'HP. WESr'1/4 c61lNER OF SUO' S=OI! 32, RDN. NORm 00"-55'-50" lmS'1' 1230.58 FEE'r" ALONG '1"1tE ~'LXN2 OF SAID SECTION AND ..BE CEIl1"ERLl:NE OF CAl<SON IlOlJ)I !rImNCB NC>a'l'B B9.-1.7'-21.~ EA1r.r 30.0.0 FEB'l'- ro rim EAS:l' JU.G!Cr-Ol"-1Q.Y L:tNE CIP CAIlSON ROAO AND !L'Illl PO1m' OF BEGINNDlG1 TJlEIl'CE CON'l.'DItlE NOR'l'B 89--1.7'-2J.. l".a.sT 1.2$'8..70 F'EEX ALONG ~ NOR:l'B"t.Dm OF rIlE sOO'.l'BWEST It" OF 'rIIB NORrllWEST 1/4 OF SAID SBC'rIONI TBENCE sooTs 00 -51'-16" ~.494_7S FE:E:r ALONG m EAST LINE OF TllE suo SOtl'l'llliEST 1/4 OF 'rIIB Jlo=nms:t' 1/41 =CZ SOll:r!I B9-~17/-2~. ~ 645.00 FEET1 THENCE ~ 00.-51'-16- WEST 220.1.4 FEET; T.BENCB SOOTH 89--17'-21" wzsr 653.29 FEET TO ~ EAST RI=-<lF-wAY LDlll OF CA1lSOJI ROA,DI !l'BBKCll JlOR:rB 00'-55'- 50. 1fl!:ST 274.64 nET ALOIlG 'rIIB SArP EAft llIC2l'-OF-WAY :r.:om :ro POINT OF BBGDlNDlG. . CON'l'ADlING 11.45 ACRES KORB OR LESS. tX: J::' i! l.U~~'DUIlATlaN(m~j:1'-llI 6/15/07 13) 6/15/07 MANAGEMENT PLAN FOR PRESERVE AREA MANAGEMENT THE CONSERV ATJON AREA WILL BE ENCLOSED WITH A FENCE IN PHASE 1 OF THE DEVELOPMENT. CHAIN LINK FENCING WILL BE MAINTAINED BETWEEN THE PROPERTY AND ADJACENT LANDS. A CHICKEN WIRE ON INTERMIITENT POSTS WILL BE PLACED BETWEEN THE CQNSERV ATIGN EASEMENT AND THE DEVELOPMENT, AND A 6' HIGH PRIVACY WALL WILL BE CONSTRUCTED BETWEEN THE CONSERV ArlGN EASEMENT AND CARSON ROAD. INTERMITTENT AREAS OF EMBEDDED LIMESTONE OR ROCK MAYBE PLACED AT EXISTING OFFSITE ACCESS POINTS INTO THE PRESERVE. GATES WILL BE PROVIDED IN THE FENCING TO ALLOW ACCESS FOR FUTURE MAINTENANCE AND LIMITED PEDESTRIAN USAGE ON DESIGNATED TRAILS. BURNINGfROLLER CHOPPING TO MAINTAIN OPTIMAL HABITAT A PRESCRlBED BURN PROGRAM IS DESIRABLE, BUT IF BURNING IS NOT PERMISSIBLE THEN A MANUAL PRUNING PROGRAM WILL BE IMPLEMENTED. THE PLAN INCLUDES MAINTAlNING SCAlTERED LARGE OAKS FOR ACORN PRODUCTION ALONG WITH LOW OAKS SET BACK BY PRUNING, UNDESIRABLE VEGETATION WILL BE MANUALLY REMOVED TO PROVIDE THE OPEN AREAS USED BY THE SCRUB JAYS TO CACHE ACORNS. IF A JOINT MANAGEMENT PLAN CAN BE WORKED OUT WITH COLLIER COUNTY THIS PORTION OF THE PLAN MAYBE REVISED AFTER APPROVAL BY THE AGENCIES TO COORDINATE THE JUBILATION PROGRAM WITH THAT OF COLLIER COUNTY. EXOTICfNUISANCE SPECIES CONTROL MAINTENANCE WILL BE CONDUCTED TO INSURE THE AREA IS EXOTIC FREE AND NUISANCE SPECIES CONSTITUTE LESS THAN 10% COVER. THE CONSER V AnON AREA WILL BE MAINTAINED EXOTIC FREE IN PERPETUITY. MAINTENANCE AND ERADICATION EFFORTS MAY INCLUDE MANUAL REMOVAL OR USE OF HERBICIDES, DEPENDING ON SITE CONDITIONS. AT NO TIME SHALL OAK TREES OR SHRUBS BE DISTURBED DURING THE EXOTIC REMOVAL PROGRAM. EDUCATIONAL PROGRAM THE EDUCATIONAL PROGRAM IS AN INTEGRAL PART OF THE MANAGEMENT PROGRAM. THE PROGRAM WILL INCLUDE EDUCATIONAL MATERIAL PASSED OUT TO THE RESIDENTS AND A VAILABLE AT THE KIOSK. EXAMPLES OF THE EDVCA TIONAL MATERIAL WILL BE SUBMIlTED TO THE FWS FOR REVIEW AND COMMENT. THIS INFORMATION WILL INCLUDE DESCRiPTIONS OF THE GOPHER TORTOISE, THE EASTERN INDIGO SNAKE AND THE FLORIDA SCRUB JAY. THE INFORMATION WILL DISCUSS THE HABITAT REQUIREMENTS OF THE SPECIES, THE PENALTIES FOR HARMING THE SPECIES, THE IMPORTANCE OF THE CONSERVATION AREA AND WHY CERTAIN ACTIVITIES ARE RESTRICTED. ENFORCEMENT BY JUBILATION OF THE RESTRICTIONS IMPLEMENTED FOR MAINTENANCE OF THE HABITAT AND PROTECTION OF THE SPECIES. ADDITIONAL ACTIVITIES JUBILATION WILL ALSO IMPLEMENT RESTRICTIONS REGARDING PETS IN THE COMPLEX. TYPICAL RESTRICTIONS WILL BE THAT ALL PETS MUST BE LEASHED WHEN OUTSIDE PRIV ATE GROUNDS. NPI650407Jl.l I EXHIBIr'C" lft,i~ 1t:~~::1;1t.-e~""'M,1',.7:It<::"':!i;;';'I;i;:, :',~i,..:..?-!;,:::".:_..""." c..,,",", 14) 6/15/07 ThioiPstnunMtJlfl'paredby: MICHAELJ. VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI, LLP 7]1 Fifth Avenue South, Suite 201 Naples, Florida 34102 GRANT OF LANDSCAPE BUFFER EASEMENT TIllS EASEMENT granted this _ day of _~~, 2007, by HARVEST FOR HUMANITY, INC., an Illinois Not-for-Profit Corporation, (hereinafter referred to as Grantor"), to BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, (hereinafter referred to as "Grantee"). WITNE SSE TH: That Grantor, for and in consideration of the sum ofTen ($10.00) Dollars and other good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant unto the Grantee, its grantees, transferees. successors, assigns, guests and invitees, a perpetual, non~exclusive landscape buffer easement upon and across a twenty (20) foot strip of land lying along the westerly boundary of Tract G, Jubilation, a subdivision lying in Section 32, Township 46 South, Range 29 East, as recorded in Plat Book 37, Pages 4 through 7 of the Public Records of Collier County, Florida, legally described as follows; See Exhibit "A" attached hereto and made a part hereof Grantor shall at aU times be responsible for maintaining the twenty (20) foot strip ofland lying along the westerly boundary of said Tract "0". Grantee shall at all times retain the right to enforce the provisions hereof which right shall include the right of entry onto the twenty (20) foot strip of land lying along the westerly boundary of Tract "0" for the purpose of maintaining said landscape buffer. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered In the presence of: HARVEST FOR HUMANITY, an Illinois Not.for- Profit Corporation By: RICHARD J. NOGAJ, as PresidentWitness #1 Typed or printed name Witness #2 Typed or printed name EXHIBIT_ n:,;;;~,',,/,:>,,-;_:,. -~; 15) 6/15/07 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day 2007, by RICHARD J. NOGAJ, as President of HARVEST FOR HUMANITY, an Illinois Not-for-Profit Corporation, who is personally known to me or who has produced (type ofidentification) as identification and who did (did not) take an oath. N01E: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical did not" are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: Signature Type or print name ofNatary) 16) 6/15/07 JoOO194.1 EXHmIT "A" OESCRll'f,QN LEGAL AND SKETCH OF 20 FOOT EASBllBNT. TlU.C'T G. .ruBJlATION, ,j. lWBDMmON LYING IN SECTION 32. TOll'NSRIP 44 SOUTH. lUNGE ail EAST, COLLIBa COUNTY, PLORJD.l THE \llEST 20,COnnOf lR~CT .0., J.Je'lA'flON AS RECMOEOIN Pl.ATeOOK 31, PACE 6 4_1 '~ClUSl\l() or r..r PullL.lC RECORDS or OOU'EII CO\!NTY, nO~IOA COI<TA'NlNC71ll124,02SOUAR(F(H."00I€0R,ESS,.PARCNT1RACT"O'COI<IArNINCUJ ACRt:S, UORE OR LESS S59'21',fil' 277.0a'(p} 1 ..t '( p !..:g Q i~.rn- \ i W~Sg~10.[ 117.JJ'(p) ~9_J2'(I') CURVE TABLE(P) CURI/E' ~~ RADIUS """ CIl0RO CHORDeD-RiNG Ja.JB' 2~_OO' g(Y1.'4J" J~.4J' N44"11'40"( 100.02' 67.00' 6~'JI'H' SO.IIB' S4T~5'O'.E 10' ~30.00' "4S"Sll' .,,1)9' 5r32'\0"( H.SB' ~,OO' 0"05' 59" 41.58' 5"3':"\01: P)'''''''I)A1'' t .CCWlVlu>tt M..NA"'[ASE"..'l P,u.[.I'U!lUCUTlJTYUKW:NT R/fI-"UlHT-QF-IJIAr l g''''NO;li SHO'M< "[REoro AIll H~5ID 1.1I'OI< II<[ CfHlIililJN( or IlCIUC'fIOH' A~ul St'Hl) ..n"I'~1: pu ~tCCADmAT. 1lF.'~.Jft~~~~t:' t... ....-- ..:.11)0 0 ~ '00 I Q~O~ c_<.~,....."",...g,~ -",'It THIS IS NOT A SURVEY 10""".........PA,"0".Cl' O'J\IlIfUfJO"'UOOO"""" IINCH-UIOf1:fI!' 1......_'~'."._ Ll.'" u...., 0 llOx 1~3S " t~,<>< """U - 170 ....~ l~') 33'_.... . or. l't>o Dlm_fIl' '/"llt C"'U J. ....... 1.0"" 17) me,,,..,, 6/15/07 LEGAL AND SKETCH OF 20 FOOT EASEMENT. TRACT G, JUBILATION. A SUBDMSION LYING IN SECTION 32. TOWNSHIP 46 SOUTH, RANGE 29 EAST, COWER COUNTY, FLORIDA l~"1 iOXHflllT I : A IDESCRIPTION: THE WEST 20.00 FEET OF TRACT "G", JUBilATION AS RECORDED IN PLAT 8001< 37, PAGE 6 4-7 INCLUSIVE) OF THE PUBLIC RECORDS OF GOLllER COUNTY, FLORIDA. CONTAINING 70824.02 SQUARE FEET. MORE OR LESS. PARENT TRACT "C" CONTAINING 163 ACRES, MORE OR LESS. EFLECTIONS AVENUE 60' R/W(P) ,,{ 2 a.. (N8919'02E(P)41963{Pl_ _ __ N89019'02"( 26468'(P) ~ ~ v' :- cr.: 1------..!"' J!:l ---...... g:1::~- iL:' l<1put---:::l ~ "tn g",o g::-- ' 6 Cf(P) "111(") ~ Ie;: \ I,/l ",NU) 18 ~ i<l I~ \ If. '" QI ~ ~ 9 I~_ \ t.J ~TRACT 'G' , J I~ ~ \ i'S l' ~ ~ I~ \;; z ;; ~ 10 l.JJ J~~~~_____~ '~ll~"~(: iuS89"21'''.W 59"55'10"[ 277.08' (P) 69.32'(P) CURVE TA8LE(P) CURVE H LENGTH RADIUS DELTA CHORD CHORD BEARING C1 .39..38' 25.00' 90'14'4,3" 35.4.3' N44'11'4Q"E C2 100_02' 67,00' 85'3"47' 90.98' 547'55' 04"( C3 44,10' 530.00' 4'45'59" 44.09' S7'32'10"E C4 41,59' 500.00' 4'45'59" 41,58' 57"32'10"E P) .. PLAT DATA It. .. CENTERLINE O.E .. DRAINAGE EASE~ENT P_U.E c PUBLIC UTILITY EAS[~ENT R/W .. RIGHT-Of-WAY 100 0 50 100 k.Joo~ 1 INCH.. 100 FEr;r AUt Enlln..rlnl ... Sun-.y.nl' Inc, M5JOOLEEBlVD1",0 80X 1235 lEHIGHACRE5 FLORIDA 33970 23g)J32-4569 2J9)332-873' 1) BEARI~GS SHOWN HEREON ARE 8A5m UPON THE CENTERLINE OF REnECTIONS AVENUE BEING N!l9"I9'02-E PER RECORDED PLAT. T VA~IO MrHOUT THE SIGNATURE ANll OJli~lMi,l FWSEO SEAl. or A ~'CENStD FLORlllA ~UFM:YORANDMAP~ER 200 I PREPAlIEOBY Ai'" ENG'Nn!lIN~ 4: SU!l\l[YlNC. 'Nt RICHARD C. McCARTHY P!i,M PlIDrtSSIO.......'UllVEY(lIlANO....<PP[lI rLOIl'OA ~IC[I,S[ '10. ij204 3-D~-07 LR 3114 THIS IS NOT A SURVEY ROJ[cTHu...efR'l>l:5~no,<. 20 rOOT EASEMENT,APAR,orTRACT "C"i 9~-76i5 ~lAT Of JUBI~ATlON SUBDIVISION UR.....a" ClI(Hl POH l,lICHAElJ.VOLPE ATE SEC_T""_"l;[ 3 1/07 n-46S~29E c~ 99-7625,DWC CO""-., COLLIER COUNTY 18) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-59 Which was adopted by the Board of County Commissioners on the 24th day of July, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners P;(~< By: Ann Jennejohn, Deputy Clerk GAYNOR DOCK 75 PELICAN ST. W NAPLES, FL BDE APPLICATION PL20180002024 JANUARY 2019 PREPARED BY: b&PcLottezoz4 HEAR!NG PACKAGE CHECKLIST printed materials A. Backup provided bythe County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Plannlng Commisslon (CCPCI. DO Nor ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONTY THE TATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. PI.EASE CONFIRM THE XrcUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPIICANT." Planner responsible for providing the County Attorneydrafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCIUDE THE PUD OOCUMENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE F]NAT PUD ORDINANCE/RESOTUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REqUESTED TANGUAGE/ PROPOSED PI.AN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided byApplicant: PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BETOW. DO NOT PROVIDE DUPTICATES OF ANY DOCUMENTS.PROVIDEONTYTHETATEST,ACCEPTED/APPROVEDCOPYOFTHEBETOWDOCUMENTATION. IFTHE BACKUP PROVIDED BY APPLICANT IS IN OISARRAY.MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPTICANT PROVIDES MULTIPTE OUPTICATE$THE APPLICANT COUII) LOSE ITS HEARII{G DATE. /( Application, to include but not limited to the following: i Narrative of request r Property lnformation F Property Ownership Disclosure Form F Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. i Disclosure of Property Ownership lnterest (if there is additional documentation aside from disclosure form) _ Affidavit of Unified Control F Affidavit of Representation F Drawings (may include Cross-Sedion (for EDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _ NIM lnformation (Si8n in sheet, notes, minutes and transcript/or summary) r' lnclude 3 thumbnail drives of video and/oraudio _ Traffic lmpact Study (TlS) )0 Environmental Data _ Historical/Archeological Survey or Waiver _ Utility Letter / DeviationJustifications Revised 5/18/2018 Provide to ASents G\CDE PlannirE ServiE\Ornert\zooirE sffi hbrmatbn\,ob Akles or Help Guijes -I- x Boundary Survey Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. lr Submerged Resource Surveys may be included here if required. m CD with only one pdf file for all documents in the same order as the packets are out torether. Thev must be in the same order. I understand that by submitting the above materials, it is the a8ent's/applicant's responsibility to ensure all materials are in the same order for allcopies ofbackup materialsto providetothe Hex/CCPCand the CD must contain the documents in one pdffile (not multiple files) in the same order as the printed materials. lt is the agent's responslbllity to ensure no documentation is left out. Signature of Agent Representative Date Printed Name of Signing Agent Representative Revired 5/18/2018 Provide to Agents G\CDB PhnnirE Servies\OnErtvonirg Statr hforrEtbnvob Aid€s or Hdp Guues 1/4/2019 Nicholas Pearson (Turrell, Hall & Associates, Inc. ) PROOF O.K. BY: _____________________________O.K. WITH CORRECTIONS BY:___________________________ PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE ADVERTISER: COLLIER COUNTY HEX PROOF CREATED AT : 12/27/2018 4:55 PM SALES PERSON: Gloria Kennedy PROOF DUE: - PUBLICATION: ND-DAILY NEXT RUN DATE: 01/04/19 SIZE: 3 col X 9.25 in ND-2195927.INDD NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX)at 9:00 A.M.,Ja nuary 24, 2019,in the Hearing Examiner’s Meeting Ro om,at 2800 North Horseshoe Drive,Ro om 609/610, Naples Fl 34104, to consider: PETITIONNO.BD-PL20180002024–JILLGAYNORREQUESTSA23-FOOT BOAT DOCK EXTENSION OV ER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06 OF THE LAND DEVELOPMENT CODE, FOR A TOTA LPROTRU SIONOF43FEET,FORABOAT DOCK FA CILITYWITH ONE BOAT SLIP AND TWO PERSONAL WA TERCRAFT,LOCATED AT 75 PELICAN STREET W,ON THE NORTH SIDE OF PELICAN STREET W. APPROX IMATELY ONE THIRD MILE WEST OF CAPRI BOULEVARD, IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are av ailable one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If yo u are a person with a disability who needs any accommodation in order to participate in this proceeding,yo u are entitled,at no cost to yo u, to the prov ision of certain assistance. Please contact the Collier County Fa cilities Management Division located at 3335 Ta miami Tr ail East, Suite 101, Naples, Florida 34112- 5356, (239) 252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Ja nuary 4, 2019 ND-2195927 Capri B L V D PelicanSTW . PROJECT LOCATION CapriBLVD CollierBLVD BDE Application COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 1 of 7 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS LDC Section 5.03.06 Chapter 3 B. of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed, all accompanying materials (see attached submittal checklist) shall be completed and submitted with the application. The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 2 of 7 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LDC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT INFORMATION Applicant(s): ___________________________________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Firm: _________________________________________________________________________ Address: _______________________________City: ___________ State: ________ ZIP: ______ Telephone: ___________________ Cell: ______________________ Fax: __________________ E-Mail Address: ________________________________________________________________ PROPERTY LOCATION Section/Township/Range: / / Property I.D. Number: __________________ Subdivision: _____________________________________Unit: Lot: Block: Address/ General Location of Subject Property: _____________________________________________________________________________ Current Zoning and Land use of Subject Property: _____________________________________________________________________________ To be completed by staff COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 3 of 7 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SITE INFORMATION 1. Waterway Width: _______ ft. Measurement from plat survey visual estimate other (specify) 2. Total Property Water Frontage: _______ ft. 3. Setbacks: Provided: _______ ft. Required: _______ ft. 4. Total Protrusion of Proposed Facility into Water: _______ ft. 5. Number and Length of Vessels to use Facility: 1. _______ ft. 2. _______ ft. 3. _______ ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: __________________________________________________________________________________ __________________________________________________________________________________ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 4 of 7 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? _______ Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies. PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 5 of 7 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 6 of 7 Pre-Application Meeting and Final Submittal Requirement Checklist for: Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) 6 Signed and Sealed Survey Chart of Site Waterway Site Plan Illustration with the following:  Lot dimensions;  Required setbacks for the dock facility;  Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip-rap revetment);  Configuration, location, and dimensions of existing and proposed facility;  Water depth where proposed dock facility is to be located;  Distance of navigable channel;  Illustration of the contour of the property; and  Illustration of dock facility from both an aerial and side view. 6 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Electronic copy of all required documents *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:  Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager.  Please contact the project manager to confirm the number of additional copies required. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 2/28/2017 Page 7 of 7 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director Environmental Review: See Pre-Application Meeting Sign-In Sheet Addressing: Annis Moxam Graphics: Mariam Ocheltree City of Naples: Robin Singer, Planning Director Historical Review Comprehensive Planning: See Pre-Application Meeting Sign-In Sheet Immokalee Water/Sewer District: Conservancy of SWFL: Nichole Ryan Parks and Recreation: Vicky Ahmad County Attorney’s Office: Heidi Ashton-Cicko Transportation Pathways: Stacey Revay Emergency Management: Dan Summers; and/or EMS: Artie Bay School District (Residential Components): Amy Heartlock Engineering: Alison Bradford Transportation Planning: John Podczerwinsky Other: Utilities Engineering: Eric Fey FEE REQUIREMENTS:  Boat Dock Extension Petition: $1,500.00  Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00  An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ___________________________________ _____________ Signature of Petitioner or Agent Date 11/9/2018 Primary Criteria PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1.Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The subject property is zoned for a single-family residential property which warrants no more than 2 slips per the CC-LDC. The proposed project consists of replacing the existing dock with a new T-shaped dock that will accommodate 2 boat- lifts and will protrude approximately 43-feet into the waterway. The total overwater square footage is approximately 609 square feet. 2.Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) See attached survey/drawings illustrating the existing docking facility and associated slips. The reason for the BDE was driven by a non-compliance issue with the FDEP. This BDE request would allow the removal of the existing docking facility (which is non- compliant with state regulations) and the construction of a new T-dock with 2 boat- lifts. 3.Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The new docking facility will protrude less than the existing docking facility previously permitted under BD-PL20170000565. Therefore, no impacts to navigation within Capri Pass are expected with the proposed docking facility. 4.Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) The approximate waterway width is 1,500-feet wide. The existing dock protrusion is 76-feet which is approximately 5% the width of the waterway. The proposed docking facility will protrude only 43-feet into the waterway which is approximately 3% the waterway width. 5.Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The proposed structure will comply with all setback and riparian requirements. Additionally, due to the nature of the site, we do not anticipate any interference with ingress or egress of vessels at the proposed structure or to any neighboring structures. Secondary Criteria SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The existing docking facility was previously authorized under BD-PL20170000565 but was not compliant with state regulations and therefore needs to be re-designed to become compliant. Shallow water depths maintain the primary need for the requested extension beyond the normal allowed protrusion. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The proposed docking facility has been designed to comply with state regulations while also providing maximum depth for the mooring of vessels. The proposed docking facility provides plenty of decking space for safe access to the proposed boat-lifts. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained.) The existing docking facility has been designed for two boat-lifts one of which is for a vessel approximately 25-feet in length and the other is for 2 personal watercrafts (PWC) on the proposed decked over boatlift which are each approximately 12-feet long. Therefore this criteria is not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) The proposed dock is a major reduction in the overall protrusion into the waterway compared to the existing docking facility which was determined not to have an impact of the neighboring property views. Therefore, the view of the waterway will now be an improvement to the neighboring properties. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.) There are no seagrass beds present on the property nor the neighboring properties within 200’ of the existing dock structure 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) The proposed work is a single family dock facility and therefore not subject to Manatee Protection Requirements Property Information $ 3,200,000$ 25,000$ 340,000$ 145,000$ 0 $ 580,230$ 1,783,951$ 2,364,181$ 2,364,181$ 25,000$ 2,339,181 $ 25,000$ 2,314,181 Collier County Property Appraiser Property Summary Parcel No 52344120005 SiteAddress 75 PELICANST W Site City NAPLES Site Zone*Note 34113 Name / Address GAYNOR, JILL B 75 PELICAN ST W City NAPLES State FL Zip 34113 Map No.Strap No. Section Township Range Acres  *Estimated6B31426400 1096B31 31 51 26 0.18 Legal ISLES OF CAPRI NO 1 LOT 109, LESS WLY 5FT Millage Area 91 Millage Rates   *CalculationsSub./Condo 426400 - ISLES OF CAPRI UNIT 1 School Other TotalUse Code 1 - SINGLE FAMILY RESIDENTIAL 5.049 6.3222 11.3712 Latest Sales History(Not all Sales are listed due to Confidentiality)Date Book-Page Amount04/09/15 5140-296803/02/04 3511-41603/16/99 2523-253201/01/90 1498-88502/01/86 1178-507  2018 Certified Tax Roll(Subject to Change) Land Value (+) Improved Value (=) Market Value (=) Assessed Value (-) Homestead (=) School Taxable Value (-) Additional Homestead (=) Taxable Value If all Values shown above equal 0 this parcel was created after the FinalTax Roll  Collier County Property Appraiser Property Detail Parcel No 52344120005 SiteAddress 75 PELICANST W Site City NAPLES Site Zone*Note 34113 Name / Address GAYNOR, JILL B 75 PELICAN ST W City NAPLES State FL Zip 34113 PermitsTaxYrIssuerPermit # CO Date Tmp CO Final Bldg Type 1990 COUNTY 90-2123 09/11/90 RESIDENCE1999 COUNTY 199911-0071 DOCK1999 COUNTY 9905-1556 ADDITION 2003 COUNTY 0305-1744 04/06/04 RESIDENCE,DEMOLITION2005 COUNTY 0401-2301 05/04/04 SEA WALL2007 COUNTY 0305-1749 05/25/06 RESIDENCE2007 COUNTY 0501-0455 04/20/06 DOCK2007 COUNTY 0509-4353 05/25/06 POOL2017 COUNTY PRBD20151031675 10/12/16 Land #Calc Code Units10 RESIDENTIAL FF 70  Building/Extra Features  #YearBuilt Description Area AdjArea10 2006 RESIDENTIAL 2754 623720 2006 SWIMMING POOL 560 56030 2006 SPA 28 2840 2015 TILE DECK 955 95550 2006 W DECK 330 33060 2006 WOOD DOCK 571 57170 2004 SEAWALL 75 75 Collier County Property Appraiser Property Aerial Parcel No 52344120005 SiteAddress 75 PELICANST W Site City NAPLES Site Zone*Note 34113 Open GIS in a New Window with More Features. Collier County Property Appraiser Property Ownership Disclosure Form Property Deed Pre-Application Meeting Notes Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20180002024 – Gaynor Dock (BDE) -75 Pelican St. W PRE-APP INFORMATION Assigned Ops Staff: Thomas Clarke Camden Smith, (Ops Staff) • Name and Number of who submitted pre-app request Name / number / email Nick Pearson / (239) 643-0166 / Nick@THAnaples.com • Agent to list for PL# Name of Company and agent Turrell, Hall & Associates, Inc. (Nick Pearson) Turrell, Hall & Associates, Inc. (Jeff Rogers) • Owner of property (all owners for all parcels) ➢ List individually and by parcel Jill Gaynor (52344120005) • Confirm Purpose of Pre-App: (Rezone, etc.) List the type of pre-app you wished to schedule in case it conflicts with our system. This pre-app meeting is for a BDE (Boat Dock Extension) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Describe the project here. Provide density measures, size of development and details here so that staff may be prepared to address relative information. The project consists of a T-docking facility with 609 square feet of over-water structure and 2 boatlifts • Details about Project (choose type that applies): BDE – include any measurements of watercraft (boats), dock extensions measurements from shorelines etc. here and return with a site plan if such exists. The dock will allow for mooring of a single 25’ vessel and 2 personal water craft. The furthest point of protrusion will be approximately 39’ from the platted property line. REQUIRED Supplemental Information provided by: Name Nick Pearson Title Project Manager Email Nick@THAnaples.com Phone (239) 643-0166 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 25.977399°<> LONGITUDE: W -81.736682°SITE ADDRESS:<> 75 PELICAN ST WNAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg LOCATION 5/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ05-10-181689-3126GAYNOR DOCKLOCATION MAP51-------------------01 OF 05COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY NESW0 102040SCALE IN FEETSITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg EX AERIAL 5/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ5-10-181689-3126GAYNOR DOCKEXISTING AERIAL51-------------------02EXISTINGDOCK ANDBOATLIFT TOBE REMOVEDRIPARIANLINERIPARIAN LINESETBACKMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINERIPARIAN LINESETBACKRIPARIANLINEEXISTINGUPLAND DECKTO REMAIN·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'59' OF SHORELINE P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg 5/15/2018N E S W0 5 1020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg PROP-DOCK-DIMS 5/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ5-10-181689-3126GAYNOR DOCKPROPOSED DOCK WITH DIMENSIONS51-------------------03 OF 05SITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113RIPARIANLINERIPARIANLINESETBACKRIPARIANLINESETBACKRIPARIANLINEMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINEAA04EXISTINGUPLAND DECKRIPRAP TO BEREFURBISHED (517 SF)PROPOSEDDOCKPROPOSEDOPTIONAL12'X12' LIFTAPPROXIMATE-4' CONTOUR12.5'12'22'4'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'23223239PROPOSEDOPTIONAL12'X12' LIFT39'25' 17' 19'4.3'12'12' 7.5' 7.5'4.3' -9.8-8.6-9.2-9.8 -5.8 -6.9 -4.3 -6.5 -5.1 -3.7 -9.2-6.5-7.8-8.5-5.6-4.7-7.4 -5.8 -3.7 -3.5 -2.1 -2.6 0.3 -0.1 -0.9 -1.1 -1.4 -0.2 0.6 0.5 0.4 0.2 -0.6 -1.5 -2.7 -2.6 -1.5 -0.4 -0.3 -7.3 -4.0 -5.0 -4.8 -2.0 -2.8 -1.8 P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg 5/15/2018N E S W0 5 1020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg PROP-DOCK-DEPTHS 5/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ5-10-181689-3126GAYNOR DOCKPROPOSED DOCK WITH DEPTHS51-------------------04 OF 05SITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113RIPARIANLINERIPARIANLINESETBACKRIPARIANLINESETBACKRIPARIANLINEMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINEEXISTINGUPLAND DECKRIPRAP TO BEREFURBISHED (517 SF)PROPOSEDDOCKPROPOSEDOPTIONAL12'X12' LIFTAPPROXIMATE-4' CONTOUR·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'23223239PROPOSEDOPTIONAL12'X12' LIFT 0 2.5 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-STATE\1689-STATE.dwg SECTION AA 5/15/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ5-10-181689-3126GAYNOR DOCKCROSS SECTION AA51-------------------05 OF 05MHW (++0.30' NAVD)MLW (--1.50' NAVD)PROPOSEDDOCKRIPRAP TO BEREFURBISHEDX- 2 . 6X-4.0 X- 1 . 5 12.5' BOATLIFT8'22'36" $ 3,200,000 $ 25,000 $ 340,000 $ 145,000 $ 0 $ 580,230 $ 1,279,009 $ 1,859,239 $ 7,008 $ 1,852,231 $ 1,859,239 $ 1,852,231 Collier County Property Appraiser Property Summary Parcel No 52344120005 Site Address 75 PELICAN ST W Site City NAPLES Site Zone *Note 34113 Name / Address GAYNOR, JILL B 75 PELICAN ST W City NAPLES State FL Zip 34113 Map No.Strap No.Section Township Range Acres  *Estimated 6B31 426400 1096B31 31 51 26 0.18 Legal ISLES OF CAPRI NO 1 LOT 109, LESS WLY 5FT Millage Area 91 Millage Rates *Calculations Sub./Condo 426400 - ISLES OF CAPRI UNIT 1 School Other Total Use Code 1 - SINGLE FAMILY RESIDENTIAL 5.122 6.3384 11.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 04/09/15 5140-2968 03/02/04 3511-416 03/16/99 2523-2532 01/01/90 1498-885 02/01/86 1178-507 2017 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll Page 1 of 1 7/2/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=266123093&ccpaver=1710181149&Fol... Collier County Property Appraiser Property Detail Parcel No 52344120005 Site Address 75 PELICAN ST W Site City NAPLES Site Zone *Note 34113 Name / Address GAYNOR, JILL B 75 PELICAN ST W City NAPLES State FL Zip 34113 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1990 COUNTY 90-2123 09/11/90 RESIDENCE 1999 COUNTY 199911-0071 DOCK 1999 COUNTY 9905-1556 ADDITION 2003 COUNTY 0305-1744 04/06/04 RESIDENCE, DEMOLITION 2005 COUNTY 0401-2301 05/04/04 SEA WALL 2007 COUNTY 0305-1749 05/25/06 RESIDENCE 2007 COUNTY 0501-0455 04/20/06 DOCK 2007 COUNTY 0509-4353 05/25/06 POOL 2017 COUNTY PRBD20151031675 10/12/16 Land  #Calc Code Units 10 RESIDENTIAL FF 70 Building/Extra Features  # Year Built Description Area Adj Area 10 2006 RESIDENTIAL 2754 6237 20 2006 SWIMMING POOL 560 560 30 2006 SPA 28 28 40 2015 TILE DECK 955 955 50 2006 W DECK 330 330 60 2006 WOOD DOCK 571 571 70 2004 SEAWALL 75 75 Page 1 of 1 7/2/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=266123093&ccpaver=1710181149&Fol... Collier County Property Appraiser Property Aerial Parcel No 52344120005 Site Address 75 PELICAN ST W Site City NAPLES Site Zone *Note 34113 Open GIS in a New Window with More Features. Page 1 of 1 7/2/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=266123093&ccpaver=1710181149&Fol... Collier County Property Appraiser Page 1 of 1 7/2/2018http://www.collierappraiser.com/main_search/Docviewer.html?sid=266123093&ccpaver=1... GULF OF MEXICO A-ST 1 CON-ST 130 29 28 1A-ST COCONUT ISLAND CANNON ISLAND NON-ST 97 MARCO RIVER LA PENINSULACONDO PH 1 CONDO RMF-12 LA PENINSULA CAPRI POINT V 7 112 2 3,4,18BD110111109 INLAND WATERWAY 2 BD117 DOLPHINLA PENINSULA LA PENINSULACONDO PU-h 2 CONDO 113108 BD107 5 115114 132 116 MARCOTOWERS RMF-16 83 82 81 84 31 80 79 127 126 120 119 DOLPHIN CIR. (DOLPHIN AVE.)103 106 105 104 131 130 118 129 102 128 100 101 99 98 90 87 CIR. (PERCH AVE.)86 858 123 121 122 88 89 92BD 125 124 693 94 91 95 96 2 RSF-4 POMPANO BAYISLES OF CAPRI 2 2 ST NON-STSTNON-STST1 1 1 1 PELICAN ST. 9BD 10BD V11 BD12 BD13 BD 14V15 V17BD16 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 51S RNG 26E SEC(S) 31 SO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$1631S 525326 1632S1631N The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.NO. NAME P.B. Pg. 1 HAMMILL & CRAYTON 2 102 ISLES OF CAPRI NO. 1 3 41345678910 ZONING NOTES1 LDC-912 10-4-84 PU-84-14C 84-1893 9-6-90 BD-90-11 90-114 6-21-90 BD-90-4 90-55 2-3-94 BD-93-22 94-16 11-17-94 BD-94-18 94-417 12-10-96 V-96-22 96-5798 8-21-97 BD-96-18 97-409 7-20-00 BD-00-11 00-2010 9-12-00 BD-00-17 00-2611 2-25-03 VA-02-AR-3322 03-91 12 2-6-03 BD-02-AR-3323 03-0113 2-6-03 BD-01-AR-1776 03-0214 4-12-05 V-04-AR-6792 05-15015 3-3-05 BD-04-AR-6797 05-0316 1-20-11 BD-08-AR-13142 11-0217 3-8-11 VA-PL-10-739 11-5218 10-17-17 BD-PL-17-565 HEX. 17-25THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. INDICATES SPECIAL TREATMENT OVERLAY 0 400 SCALE11/6/2017 HEX NO. 2017—25 HEARING EXAMINER DECISION PETITION NO. BD-PL20170000565 — Jill Gaynor requests a 56-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development Code, for a total protrusion of 76 feet, for a boat dock facility located at 75 Pelican Street W, on the north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: October 12, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application and no members of the public, other than those associated with the Applicant, attended the hearing. This is an existing dock with a kayak launch. The dock was originally permitted and approved at its current location and configuration; however, the actual protrusion of the dock is 6 feet longer than the measurement indicated in the original dock extension. This application confirms the actual dock length and provides no further extension beyond what has existed. In addition, there is an existing kayak launch that extends into the required side setback. This application relocates the kayak launch outside of the required setbacks. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20170000565, filed by Jeff Rogers of Turrell, Hall & Associates, Inc.., representing Jill Gaynor, for a 56-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 76 feet to accommodate a boat dock facility on the property described herein, in accordance with the Proposed Site Plan attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan Exhibit B —Legal Description 17-CPS-01669/1369821/1144 1 oft LEGAL DESCRIPTION: See Exhibit"B". CONDITIONS: 1.All other applicable state or federal permits must be obtained before commencement of the development. 2.An ST permit must be approved prior to the issuance of permits for the boat dock. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON T E NING MAP FOR INFORMATIONAL PURPOSES. 10 - 11 11 4t)./(1- Date Mtrain, Hearing Examiner Approi d as to form and legality: iii Sco A. Ston-' Assistant County Attorney 17-CPS-01669/1369821/1]44 2 of 2 NWfielik,,,04 0 ci3 2tA _ QLP ki/ K p0111 'z After,1' Zd W c rc xnvStCl- El zgg Bina. Sxir-ti tflfl000 =a: xI wneVtA ~ 1 g;tN$ 1-r4 ,Tqp 1311111 O0444c, ._ N Ammowow ¢i ggaya`. CO o N.. 3 S4io i O W r wpO rw W pY.pK. K`! A1111i coW - 7 SKF•f7 6. t A k R Aq l"'T {,.- yl'-5. t0 O N S) V g. f 1<- 0 Ili i q 1.----}„-„-!•,R X ,..„,--1:-•;,1,,..).:-..„*,- 5 a_ n WLU rc as oo U ti c_.., --- SFr''" r le F- <<u a r n r. J-...---,..,', .,, ,..?- tr. Lry,- e `J y d.. moi;,.• 7,,<--,X../... t 1.. _ 3 f f u 10. ,,,4--.--)3,..-..,---•,-,-;', " "" a/'s. b r .. ; W g 1d. irrVJL Tfj co s ',-may yr,#0 w Z o/ Zo 1‘DUI -,.7,,,-,.- i I2,C i - N,,e\ 4.-_*,„,1,-,- :-f,-,,,-.1., ii,..7 4'''''''''' tt Du cl r`. Lt.. CO0- vi,-i-,, ., licl,i. ti4V M N Q Xg000titf Q Q t51 , 72: z,,.,.. r,.,,,, x u :,.,,,, u, 6 14414tr:' 2.err g1s.z 1., Ez - 0 7.11,111.- Jhhi.4 2 F c 168a .nor boselbSCADwERMrt-COUNm138b-CN Y•BDE.d++U E 7/2312017 Exhibit "A" Exhibit "B" Legal Description Lot 109, less the Westerly 5 fe 1 thereof, Isle of Capri, Nm 1, according to the map or plat thereof as recorded in Plat Book 3,Page 41, Public Records of Collier County,Florida. Together with: A portion of Section 31, Township 51 Smith, Range 26 East, Collier County tying northerly of Lot 109, Isles of Capri No.1,according to the Plat thereof, recorded in Plat Book 3,Page 41,of the Public Records of Collier County, Florida and southerly of the line described in Official Records Book 3464 at Page 0751 of the Public Records of Collier County, Florida being more particularly described as follows: Beginning at the Northeast corner of Lot 109, Isles of Capri No.1, according to the Plat thereof, recorded in Plat Book 3,Page 41, of the Public Records of Collier County, Florida; thence run North 27°35'47" West, for a distance of 26.90 feet to the Point of Beginning of the line described in Official Records Book 3464 at Page 0751 of the Public Records of Collier County, Florida; thence along said described line the following four(4) courses: South 65°56'11" West, for a distance of 9. 15 feet; South 61°53' 40" West, for a distance of 13.22 feet; South 76°11'25" West,for a distance of 13.96 feet; South 76°52'48" West, for a distance of 22.56 feet to the Point of Terminus of said described line; Thence South 12°39'55" East, for a distance of 4.74 feet the northwesterly corner of said Lot 109, less the Westerly 8 feet thereof; thence run South 89°19'00" East, along the north line of said Lot 109, for a distance of 67.00 feet to the Point of Beginning. Parcel Identification Number: 52344120005 July 25, 2017 Mr. Jeff Rogers, Project Manager Turrell Hall & Associates 3584 Exchange Ave, STE B Naples, FL 34104 EMAIL - thall@TURRELL-ASSOCIATES.COM,Jeff@Turrell-Associates.com RE: Boat Dock Extension; PL20170000565;75 Pelican St W Dear Jeff Rodgers: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. The following comments need to be addressed as noted: Rejected Review: County Attorney Review:Reviewed By: Scott Stone Email: ScottStone@colliergov.net Phone #: (239) 252-5740 1. Please provide a copy of the two previous boat dock extension approvals for this property (BD-90-11 and BD-90-4). UPDATE 6/30/17--It is difficult to tell, but it appears that the original BDE in 1990 was measured from a seawall. Does that seawall still exist? 2. On the application under "Description of Project," you indicate the dock protrudes 77 feet from the property line. However, below that, under "Site Informatino" you indicate hte total protrusion is only 73 feet. Please revise accordingly. UPDATE 6/30/17--I don't believe top of rip rap is a line of measurement applicable to boat dock extensions. Please discuss with staff to determine whether the line described as "rip rap line" in 5.03.06 C.1 means top of rip rap, or whether it means bottom of rip rap. If it's not top of rip rap, it appears your most restrictive measurement would be from the property line or MHWL? If so, please revise the protrusion measurement on your site plan and criteria responses. The following comments are informational and/or may include stipulations: Applicants who are converting a paper submittal to E-Permitting must resubmit complete sets of all plans, signed and sealed, even if they were previously approved on an earlier review. As a reminder, all documents that are required to be signed and sealed must be digitally signed and sealed when submitting through our E-Permitting process. On the cover letter please identify that previous submittals were done through paper and that this submittal is by E-Permitting. Also, identification of the changes in cover letter (ex. See note #23 Civil Plan Sheet 4) improves the efficiency of the resubmittal review. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to completed reviews with stipulations. Please be advised that Sections 10.02.03.H.1, and 10.02.04.B.3.c require that a re-submittal must be made within 270 days of this letter. Stipulations:  There is a Special Treatment (ST) Overlay over most of the waters around Isles of Capri. A Special Treatment permit will therefore be required prior to approval of the building permit for the boat dock. Once all review comments have been adequately addressed, a hearing date will be established. If you have any questions, please contact me at 239-252-2586. Sincerely, Kay Deselem, AICP, Interim Reviewer Principal Planner Growth Management Department 5.03.06 - Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks , the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses. The following uses may be permitted on waterfront property: 1. Individual or multiple private docks . 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses . 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line , shoreline , seawall, rip-rap line, control elevation contour, or mean high water line (MHWL). 2. On manmade waterways less than 100 feet in width, where the actual waterway has receded from the platted waterfront property line, the County Manager or Design ee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be base d on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use . 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use ; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures . 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure . 3. Any covered structure erected on a private boat dock shall be considered an accessory use , and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses , with the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks , and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses , on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses , on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots . 9. Riparian lines for all other lots shall be established by generally accepted methods, taking into consideration the configuration of the shoreline , and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines , or lines drawn perpendicular to the centerline (thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines . 10. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi-family developments , the house number requirement is waived. 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer shall submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. F. Standards forboathouses. Boathouses , including any roofed structure built on a dock , shall be reviewed by the Planning Commission according to the following crit eria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks . 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure . 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facility extension. Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropr iate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks , additional slips may be appropriate). b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension). c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks . (The facility should not interfere with the use of legally permitted neighboring docks ). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area). c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained). d. Whether the proposed facility would have a major impact on the waterfront vie w of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). g. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to p rotect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s) , and provision of light(s), additional reflectors, or reflectors larger than four (4) inches. I. Procedures for approval ofdocks, dock facilities,andboathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities , and boathouses . Notice procedures are provided in LDC section 10.03.06. 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited, to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Mana ger or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks , dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline , emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord. No. 06-63, § 3.CC; Ord. No. 13-56, § 3.N; Ord. No. 16-27, § 3.O) 2.03.07 - Overlay Zoning Districts A. Corridor Management Overlay (CMO). 1. The purpose of the (CMO) district is to supplement existing zoning regulations for properties bordering Golden Gate Parkway west of Santa Barbara Boulevard and Goodlette -Frank Road south of Pine Ridge Road. The CMO district will implement the urban design concepts developed in the corridor management study for Goodlette-Frank Road and Golden Gate Parkway. These regulations recognize that two (2) separate jurisdictions govern land uses in these corridors and are designed to develop greater consistency in design standards between Collier County and the City of Naples. 2. These regulations apply to all properties adjacent to the rights-of-way of Goodlette-Frank Road from U.S. 41 to Pine Ridge Road and Golden Gate Parkway from U.S. 41 to Santa Barbara Boulevard as measured perpendicular from the abutting right-of-way for a distance of 330 feet. Except as provided in this regulation, all other use, dimensional, and development requirements shall be as required in the underlying zoning categories. B. Mobile home Overlay (MHO). The (MHO) district is intended to apply to those agricultural areas where a mixture of housing types is found to be appropriate within the district. It is int ended that mobile homes allowed under this section shall be erected only in the Rural Agricultural district and only when the requirements and procedures of this section are met. C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within the County, including the Naples Municipal Airport, Everglades City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing and future public-use airports and heliports in the County. The purpose and intent of these regulations shall be as follows: 1. To attempt to promote maximum safety of aircraft arriving at and departing from all public -use airports located within the County; a. To attempt to promote maximum safety of residents and property within areas surrounding public-use airports located within the County; b. To attempt to promote full utility of the public-use airports within the County; c. To provide development standards for land uses within prescribed noise zones associated with the normal operation of public-use County airports ; d. To provide building height standards for use within the approach, transitional, horizontal, and conical zones so as to encourage and promote proper development beneath such areas; e. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; and f. That in addition to the regulations applicable to land zoned, as indicated in the Official Zoning Atlas, the following regulations are additionally applicable to lands in the County in the vicinity of the Naples Municipal, Everglades, Marco Island, and Immokalee airports as indicated on the airport zoning maps of the County. Lands lying within various zones as indicated on the airport zoning maps are subject to the additional regulations set out in this section. D. Special Treatment Overlay (ST). 1. Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches , estuaries, cypress domes, natural drainage ways, aquifer recharge areas, and lands and structures of historical and archaeological significance. The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems, and at the same time, permit those types of development which will hold changes to levels determined acceptable by the BCC after public hearing. 2. An overlay zoning district classification to be known as the ST special treatment overlay district, and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity and historical and archaeologi cal significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by this LDC. The placement or removal of this the ST district shall be governed by the procedu re for amending the LDC and this Official Zoning Atlas as prescribed in Chapter 10. All land within the ST overlay district shall be designated as environmentally sensitive. 3. For purposes of identifying land from which the residential development rights have been transferred, such lands shall be designated on the Official Zoning Atlas by affixing the letter "P" for preservation to the symbol "ST," thusly "P-ST." Such designation shall be placed on the land after the BCC has accepted the deed and/or guarantee to said property. 4. Transfer of Development Rights (TDR). a. Purpose, Intent and Applicability. i. Purpose. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have signif icant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands. ii. Intent . These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU sending lands to more suitable non- RFMU receiving areas and RFMU receiving lands . iii. Applicability . These TDR provisions shall be applicable to those areas specifically identified in (b), (c) and (d) below. These TDR provisions shall not be applicable to the any transfer of development rights within the RLSA District. b. Transfer of development rights from urban areas to urban areas. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel , as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. i. The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. ii. The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. iii. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density , with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record , excluding submerged land. iv. Upon the approval of the transfer of residential development rights by a super majority vote of the Board of County Commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners. v. The maximum number of residential units which may be requested for trans fer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. vi. Maximum number of residential units which eligible lands may receive. a) Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maxim um number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply: i) RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density × 10% = .1 to .5 units per acre ii) RMF-6 district, up to and including six units per acre: 6 units × 10% = 0.6 units per acre iii) RMF-12 district, seven to and including 12 units per acre: 12 units × 10% = 1.20 units per acre iv) RMF-16 district: 16 units × 5% = 0.80 units per acre v) RT district: 16 units × 5% = 0.80 units per acre vi) PUD district: Residential tract units × 5% = permitted units per acre b) For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one -half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. vii. Procedure for obtaining transfer of residential development rights. Any owner of eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the Board of County Commissioners a) Name and address of property owner of sending land. b) Name and address of property owner of receiving land. c) Legal description of sending land from which transfer of residential development rights is petitioned. d) Survey of sending land from which transfer of residential development rights is requested. e) Legal description of receiving land which receives the transfer of residential development rights. f) Survey of the land which receives the transfer of residential development rights. g) Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the Board of County Commissioners in a form approved by the county attorney. h) The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the Board of County Commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and /or educational opportunities, creation of linkages between public or private open space , protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the BCC. viii. Time limitations on Board of County Commissioners' approval of transfer of residential development rights or authorization to proceed with the processing of a building construction permit. The Board of Count y Commissioners' approval of a transfer of residential development rights or the County Manager or his designee authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act. ix. Sequential use of residential units approved for transfer by the Board of County Commissioners. Upon the issuance of any permit for the construct ion of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the Board of County Commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. c. TDR credits from RFMU sending lands : General Provisions i. Creation of TDR credits . a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non -conforming lots or parcels of less than 5 acres that were in existence as of June 22, 199 9, at a rate of 1 TDR credit per legal non-conforming lot or parcel . b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/100th. ii. Creation of TDR Bonus credits . TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits . Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B. 3) The RMP shall provide financial assurance, in the form of a letter of credit or similar financial security, establishing that the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits . Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits . Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004, until March 27, 2012. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non- RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TDR Bonus credits . a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: # TDR credits generated from property × % property subject to an approved RMP b) Conveyance Bonus credits are calculated as follows: # TDR credits generated from property × % property subject to an approved RMP and conveyed as provided in ii.b) above. c) Early Entry Bonus credits are calculated as follows: # TDR credits generated within Early Entry period × 1. iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending lands . TDR credits or TDR Bonus credits from RFMU sending lands may be redeemed into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands , as provided in subsections 2.03.07 4.d. and e. below. v. Prohibition on redemption of fractional TDR credits and TDR Bonus credits . While fractional TDR credits and TDR Bonus credits may be created, as provided in (ii) above, TDR credits and TDR Bonus credits may only be redeemed in increments of whole, not fractional, dwelling units. Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands . vi. Prohibition on severance of development rights. a) Neither TDR credits nor TDR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TDR credits . b) Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU sending lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty-five (25) years after such clearing occurs. d. Redemption of TDRs into non- RFMU receiving areas . i. Redemption into urban areas. a) Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size; ii) At time of development , the project will be served by central public water and sewer; iii) The property in question has no common site development plan in common with adjacent property; iv) There is no common ownership with any adjacent parcels ; and v) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation. b) Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by redeeming additional density derived from RFMU district Sending Lands. ii. Redemptions into the Urban Residential Fringe shall be permitted exclusively through the use of TDR credits and TDR Bonus credits derived from RFMU sending lands located within one mile of the Urban Boundary to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling units per gross acre. e. Redemption into RFMU receiving lands . i. Maximum density on RFMU receiving lands when TDR credits are redeemed. a) The base residential density allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a). b) The density achievable through the redemption of TDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages. ii. Remainder uses after TDR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. f. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands . i. General. Those developments that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. a) The severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those developments that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans , plat approvals, PUDs, and DRIs. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions , as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits . No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TDR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands . TDR credits shall be deemed to be severed from RFMU sending lands at such time as a TDR credit Certificate is obtained from the County. TDR credit Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TDR credits originated, including the total acreage; ii) a title opinion establishing that, prior to the severance of the TDR credits from RFMU sending lands , such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development ; iii) an affidavit, signed by the owner, stating that the property was not subject to a conservation restriction or any other development restriction that prohibited residential development during the period between the effective date of the title opinion and conservation easement recordation; iv) an executed Limitation of Development Rights Agreement, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR credits as set forth in section 2.03.08 A.4.b.; and v) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TDR credits were generated and that the value of any such remuneration is at least $25,000 per TDR credit , unless such owner retains ownership of the TDR credits after they are severed, unless the RFMU or non- RFMU receiving lands on which the TDR credits will be redeemed and the RFMU sending lands from which the TDR credits were generated are owned by the same persons or entities or affiliated persons or entities; and vi) a statement attesting that the TDR credits are not being severed from RFMU sending lands in violation of subsection 2.03.07 D.4.c.vi.b) of the Code. vii) documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Rights Agreement required for TDR severance; transfer (sale) of TDR credit ; and redemption of TDR credit . b) TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County and recorded. 1) Early Entry Bonus credits . All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27, 2015, unless further extended by resolution by the Board of County Commissioners, shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits , issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits . 2) Environmental Restoration and Maintenance Bonus credit . A TDR certificate reflecting Environmental Restoration and Maintenance Bonus 4.06.02 - Buffer Requirements A. Applicability of buffer requirements. The buffering and screening shown in table 2.4 below shall be required under this section and shall apply to all new development . Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded (except for restriping of lots/drives), the building square footage is changed, or there has been a discontinuance of use for a period of 1 year or more and a request for an occupational license to resume business is made. For projects subject to architectural design standards, see LDC section 5.05.08 for related provisions. Subdivisions or Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.06.00. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with this section 4.06.00: 1. To separate residential developments from commercial, community use, industrial and public use development s and adjacent expressways, arterials and railroad rights-of-way , except where such expressway, arterial, or railroad right-of-way abuts a golf course. 2. To separate commercial, community use, industrial and public use developments from residential developments . 3. To separate subdivisions of residential property that do not result in the submittal of a s ite development plan pursuant to the provisions of section 10.02.03 from other residential properties. Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of this section 4.06.00. S uch buffer strip(s) shall be shown and designated on the final plat as a tract of easement and shall not be located within any public or private right-of-way . The ability to locate buffer(s) within a platted or recorded easement shall be determined pursuant to the provisions of this section 4.06.00. buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer . Landscape buffers , when required by this Code, this section 4.06.00, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with this section 4.06.00. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat. B. Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer . Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot , it shall be shown as an easement for buffering and landscaping. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 4.06.05 G. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. C. Types of buffers . Within a required buffer strip, the following types of buffers shall be used based on the matrix in table 2.4. (See Figure 4.06.02.C-1) 1. Type A Buffer: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When a Type A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide a view of the lake. Clustered tree plantings shall not exceed 60 feet between clusters. 2. Type B Buffer: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Type B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings sha ll not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in hei ght. When the adjacent lake exceeds 1,500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit, a Type B buffer shall be required. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the reside ntial side of the fence or wall. 3. Type C Buffer: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm , or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development . Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way . Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way . Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development . a. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development . b. A continuous 3 gallon double row hedge spaced 3 feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 30 inches in height in one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way , pursuant to LDC section 4.06.05 D.4. c. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous 3 gallon single row hedge a minimum of 24 inches in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way . Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. d. The remaining area of the required landscape buffer must contain only existing native vegetation , grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. e. A signage visibility triangle may be created for non-residential on-premises signs located as shown in Figure 4.06.02.C-2 for Type D buffers that are 20 feet or greater in width. The line of visibility shall be no greater than 30 linear feet along road right-of-way line. Within the visibility triangle, shrubs and hedges shall be required pursuant to LDC section 4.06.05.D.4, except that hedges, shrubs, or ground cover located w ithin the signage visibility triangle shall be maintained at a maximum plant height of 24 inches. Within the visibility triangle, no more than one required canopy tree may be exempted from the Type D buffer requirements. Figure 4.06.02 C-1. Figure 4.06.02.C-2. (Note: Figure does not include double row hedge) _____ Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (A 1 ) - B B B B B A A A A D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) multifamily A B A A A B B B B * D B - C 4. Residential tourist (RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial 3 (C-1, C-2, C-3, C-4, C-5); Business Park (BP) A B B B B B A A A * D B B B 8. Industrial 2 (I) A C B B B B A A 2 A * D B B B 9. Public use (P), community facility (CF), Golf Course Clubhouse, Amenity Center A B B B B B A A A * D B - C 10. Planned unit development (PUD) * * * * * * * * * * D * * * 11. Vehicular rights-of-way D D D D D D D D D D - B - D 12. Golf course maintenance building B B B B B B B B B B B A B C 13. Golf course - - - - - - - - - - - B - C 14. Automobile service station 4 A C C B B B B B C * D C C D Table 2.4 information: The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. 1 Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2 Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property lines. The buffer area shall not be used for water management. In addition, trees may be reduced to 50 f eet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with Section 4.06.02 C.7. This exception to buffers shall not apply to buffers abutting to vehicular rights-of-way . 3 Buffer areas between commercial outparcels located within a shopping center , Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing 7.5 feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with Section 4.06.02 C.7. These provisions shall not apply to right-of-way buffers . 4 Refer to section 5.05.05 for automobile service station landscape requirements. _____ 5. Business Parks. A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm , or berm /wall combination. 6. Buffering and screening standards. In accordance with the pro visions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. 7. Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met: a. A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code, and shall be submitted as either a single SDP or SIP consisting of both parcels , or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records. b. The following are eligible for a joint project plan. One outparcel shall be no greater than 3 acres and the combined parcel acreage shall not exceed 5 acres: i. Abutting commercial outparcels located within a shopping center . ii. Abutting commercial parcels in a Business Park . iii. Abutting commercial parcels with the same zoning designation. iv. Abutting industrial parcels with the same zoning designation. c. The eliminated buffer shall be reallocated to the remaining landscape buffers and/or internal landscaped areas of the proposed joint project. There shall be no net loss of landscape material or square footage of the buffer as a result of the eliminated buffer on the shared property line. d. The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives. D. Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer . 2. Water management systems must not exceed, at any location within the re quired side, rear, or front yard landscape buffer , 70 percent of the required buffer width. A minimum 5-foot wide 10:1 level planting area shall be maintained where trees and hedges are required. 3. Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria: a. Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade . b. For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers . A level planting area of at least three feet in width must be provided in these buffers . 4. Sidewalks and other impervious areas must not occupy any part of a required Alternative A, B, C, or D type buffer , except when: a. Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel . b. Parallel meandering sidewalks occupy the buffer and its width is increased by the equivalent sidewalk width. c. A required 15—20 foot wide buffer is reduced to a minimum of ten feet wide and is increased by the five to ten foot equivalent width elsewhere along that buffer . (Ord. No. 04-72, § 3.N; Ord. No. 06-07, § 3.K; Ord. No. 06-63, § 3.Z; Ord. No. 07-67, § 3.K; Ord. No. 12-38, § 3.O; Ord. No. 14-33, § 3.L; Ord. No. 15-44, § 3.F; Ord. No. 16-22, § 3.I; Ord. No. 16-27, § 3.M) 2.03.02 - Residential Zoning Districts A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF -1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density , lot area, lot width, yards , height, floor area , lot coverage , parking, landscaping and signs . Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve, and are compatible with the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 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 single-family districts (RSF). a. Permitted uses. 1. Single-family dwellings . 2. Family care facilities , subject to section 5.05.04. 3. Educational plants and public schools with an agreement with Collier County, as described in LDC section 5.05.14; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts. 2. Private docks and boathouses , subject to section 5.03.06. 3. One guesthouse, subject to section 5.03.03. 4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development . Recreational facilities 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 permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in LDC section 10.08.00. 1. Noncommercial boat launch and multiple dock facilities, subject to the applicable review criteria set forth in section 5.03.06. 2. Churches . 3. Schools, private. 4. Child care centers and adult day care centers . 5. Cluster development to include one- and two-family structures , subject to section 4.02.04. 6. Golf courses. 7. Group care facilities (category I); care units subject to the provisions of subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-183 F.A.C.; all subject to section 5.05.04. 8. Category II group care facilities and care units subject to section 5.05.04, only when the tenancy of the person or persons under care would not: i. Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/ lots/parcels included in an approved preliminary subdivision plat, or site development plan . The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan . 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 11. Public schools without an agreement with Collier County, as described in LDC section 5.05.14. Additional standards in LDC section 5.05.14 shall also apply; however, any high school located in this district is subject to a compatibility review as described in LDC section 10.02.03. d. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. Addressing Checklist Affidavit of Representation BDE Drawings / Exhibits STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE: N 25.977399°<> LONGITUDE: W -81.736682°SITE ADDRESS:<> 75 PELICAN ST WNAPLES, FL 34113Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg LOCATION 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKLOCATION MAP51-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY NESW0 102040SCALE IN FEETSITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg EX AERIAL 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKEXISTING AERIAL WITH DIMENSIONS51-------------------02 OF 07EXISTINGDOCK ANDBOATLIFT TOBE REMOVEDRIPARIANLINERIPARIAN LINESETBACKMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINERIPARIAN LINESETBACKRIPARIANLINEEXISTINGUPLAND DECKTO REMAIN·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'59' OF SHORELINE P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg 11/13/2018N E S W0 5 1020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg PROP-DOCK-DIMS 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKPROPOSED SITE WITH DIMENSIONS51-------------------03 OF 07SITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113RIPARIANLINERIPARIANLINESETBACKRIPARIANLINESETBACKRIPARIANLINEMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINEAA04EXISTINGUPLAND DECKRIPRAP TO BEREFURBISHED (517 SF)PROPOSEDDOCKPROPOSEDOPTIONAL12'X12' LIFTAPPROXIMATE-4' CONTOUR12.5'12'22'4'PROPOSEDOPTIONAL12'X12' LIFT43'17' 19'4.3'12'12' 7.5' 7.5'4.3'25'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM TOP OF RIPRAP LINE"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'37637643' -9.8-8.6-9.2-9.8 -5.8 -6.9 -4.3 -6.5 -5.1 -3.7 -9.2-6.5-7.8-8.5-5.6-4.7-7.4 -5.8 -3.7 -3.5 -2.1 -2.6 0.3 -0.1 -0.9 -1.1 -1.4 -0.2 0.6 0.5 0.4 0.2 -0.6 -1.5 -2.7 -2.6 -1.5 -0.4 -0.3 -7.3 -4.0 -5.0 -4.8 -2.0 -2.8 -1.8 P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg 11/13/2018N E S W0 5 1020SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg PROP-DOCK-DEPTHS 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKPROPOSED SITE WITH DEPTHS51-------------------04 OF 07SITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113RIPARIANLINERIPARIANLINESETBACKRIPARIANLINESETBACKRIPARIANLINEMHWL = 0.3'NAVD88MLWL = (-)1.5'NAVD88EXISTING BOTTOMOF RIPRAP (ELEV= -1.5 NAVD 88)EXISTING TOP OFRIPRAP (ELEV =3.4 NAVD 88)PROPERTY LINEEXISTINGUPLAND DECKRIPRAP TO BEREFURBISHED (517 SF)PROPOSEDDOCKPROPOSEDOPTIONAL12'X12' LIFTAPPROXIMATE-4' CONTOURPROPOSEDOPTIONAL12'X12' LIFT·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM TOP OF RIPRAP LINE"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'37637643' 0 2.5 510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg SECTION AA 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKCROSS SECTION AA51-------------------05 OF 07MHW (++0.30' NAVD)MLW (--1.50' NAVD)PROPOSEDDOCKRIPRAP TO BEREFURBISHEDX- 2 . 6X-4.0 X- 1 . 5 12.5' BOATLIFT8'22'36"43' PROTRUSION FROM TOP OF RIPRAP P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg 11/13/2018NESW0 50 100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg ADJ DOCKS 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKADJACENT DOCK PROTRUSIONS51-------------------06 OF 07PROPERTY LINE67'55'66'38'57'84'74'71'78'D O L P H I N C I R C L EPELICAN STREET W43'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM TOP OF RIPRAP LINE"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'37637643' NESW0 2550100SCALE IN FEETSITE ADDRESS:,75 PELICAN ST WNAPLES FL 34113Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:P:\1689-Gaynor Boatlifts\CAD\PERMIT-COUNTY\1689-CNTY-BDE.dwg SRS 11/13/2018THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY: CHANGED:SHEET NO.:JRRMJ11-09-181689-3126GAYNOR DOCKSUBMERGED RESOURCE SURVEY51-------------------07 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·ALL DATUM SHOWN HEREON IS REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MLW (NAVD)=··MHW (NAVD)=NOTES:"COURT GREGORY SURVEYING INC."3-15-17-1.50'+0.30' “6091500'TRANSECT LINE(10' APART)PROPERTY LINETYPICAL DIVE TRANSECTNO SEAGRASSESWERE OBSERVEDGROWING WITHIN200FT OF THEPROPOSED PROJECT.200'200'10' Environmental Data (See Submerged Resource Survey) Professional Survey Submerged Resource Survey GAYNOR DOCK 75 PELICAN ST. W NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY AUGUST 1, 2018 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE, STE B NAPLES, FL 34104 Gaynor Dock Submerged Resource Survey August 1, 2018 2 1.0 INTRODUCTION The Gaynor residence is located at 75 Pelican St. W and can be identified by parcel #52344120005. The property is bound to the East and West by single family residences, to the South by several tennis courts, and to the north by Capri Pass. The property is located at Section 6, Township 52, and Range 26. The landward portion of the property currently contains a single family residence. The seaward portion of the property contains a privately owned dock that extends into state owned submerged land. Turrell, Hall & Associates was contracted to provide environmental permitting services pertaining to the proposed dock addition, which includes completion of a Submerged Resource Survey (SRS). This survey will provide planning and assistance to both the owner(s) and government agencies reviewing the proposed project. The proposed project consists of replacing the current Jet Ski lift with a platform lift. The existing dock will not be altered in any other way. The SRS survey was conducted on August 1st of 2018. Surface conditions consisted of partly cloudy skies, light to moderate winds out of the southeast, and an air temperature of 90° F. The tide was at mid-level upon arrival to the site, allowing for observance of some of the bottom lands from the dock. However, winds, tidal currents, and boat activity both contributed to choppy waves in the pass and high turbidity in the water column, causing reduced visibility. Low tide at the project site occurred at 10:06 A.M. (1.1 ft.) and high tide occurred at 3:50 P.M. (2.9 ft.). The water temperature was 87° F. 2.0 OBJECTIVE The objective of the submerged resource survey was to identify and locate any existing submerged resources within 200’ of the proposed project. The survey provided onsite environmental information to help determine if the proposed project would impact any existing submerged resources and if so would assist in reconfiguring the proposed dock in order to minimize any impacts. The general scope of work performed at the site is summarized below. • Turrell, Hall & Associates personnel conducted a site visit in order to verify the location of any submerged resources. • Turrell, Hall & Associates personnel identified submerged resources at the site (or the lack there of), estimated the percent coverage, and delineated the approximate limits of any submerged resources observed. • Turrell, Hall & Associates personnel delineated limits via a handheld GPS (Garmin Model 76csx). Gaynor Dock Submerged Resource Survey August 1, 2018 3 3.0 METHODOLOGY Turrell, Hall & Associates biologists intentionally designed the methodology of the Submerged Resource Survey to cover the entire property shoreline for the proposed dock installation. The components for this survey included: ● Review of aerial photography of survey area ● Establish survey transects lines overlaid onto aerials ● Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage ● Document and photograph all findings The survey area was evaluated systematically by following the established transects, spaced approximately 10-feet apart as shown on the attached exhibit. The existing dock provided a reference point for easily identifiable land markers such as dock pilings which assisted in maintaining position within each transect. 4.0 RESULTS The substrate found within the surveyed area consists of 1 distinct classification: sand with a high volume of shell debris. This substrate was found throughout the entire surveyed area. The shoreline consists of rip-rap rocks supporting a variety of fish as well as sessile and motile invertebrates such as barnacles and mud crabs. Some of the rip-rap rocks carried historic fragments or remains of oysters, but no live individuals were observed. Algae was observed covering parts of the submerged rip-rap but was not observed in the underlying substrate. The majority of the project site was devoid of vegetative growth, presumably because of a combination of shallow depths, high wave action and volatile tidal currents. Such conditions also create highly turbid waters, reducing penetration of the water column by sunlight. A list of observed species can be seen below in Table 1. Table 1 – Observed fish species Common Name Scientific Name Striped Mullet Mugil cephalus Sheepshead Archosargus probatocephalus Crevalle Jack Caranx hippos Barnacle Amphibalanus spp. Mud Crab Panopius herbstii Gaynor Dock Submerged Resource Survey August 1, 2018 4 5.0 CONCLUSIONS The submerged resource survey conducted at the project site yielded few findings at best. Barnacles, mud crabs, and historic indicators of oysters could be seen on the rip-rap and pilings. Algae was observed on parts of the rip-rap, but nowhere else around the project site. Seagrasses were not observed anywhere near the project site. All fish species were observed swimming in and around the existing docking facility. Negative impacts to submerged resources are not expected with the proposed project. RIP-RAP SHORELINE SAND AND SHELL BOTTOM SEDIMENT Prepared December 17, 2018 Rattlesnake Hammock Road Bus Facility (CU) (PL20180001030) Application and Supporting Documents January 10, 2019 HEX Hearing Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com June 11, 2018 Mr. James Sabo, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing for Conditional Use, Rattlesnake Hammock Road Bus Facility (PL20180001030), Submittal 1 Dear Mr. Sabo: A Collier County application for Public Hearing for Conditional Use for properties located on the south side of Rattlesnake Hammock Road, approximately 1 mile west of Collier Boulevard is being filed electronically for review. The Conditional Use is being requested to allow an ancillary plant use (bus fleet facility) in the A, Agricultural Zoning District. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing CU 3. Evaluation Criteria 4. Applicant Agent Information 5. Utility Dedication Statement 6. Pre-application notes 7. Affidavit of Authorization 8. Addressing Checklist 9. Property Ownership Disclosure Form 10. Warranty Deed 11. Boundary Survey 12. Conceptual Site Plan 13. Aerial Location Map Mr. James Sabo, AICP RE: Collier County Application for Public Hearing for Conditional Use, Rattlesnake Hammock Road Bus Facility (PL20180001030), Submittal 1 June 11, 2018 Page 2 of 2 14. Environmental Data Requirements 15. Traffic Impact Study 16. Historical and Archeological Waiver Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Thomas G. Eastman Richard D. Yovanovich GradyMinor File COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 1 of 12 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Applicant/Agent: ______________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff District School Board of Collier County, Florida 5775 Osceola Trail Naples FL 34109 239.377.0267 eastmath@collierschools.com Please see "Applicant Agent Information" document COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application:  If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district;  The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and  The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ SIERRA MEADOWS PROPERTY OWNERS ASSOC INC 15 Paradise Plaza, #285 Sarasota FL 34239 00432880005 22 50 26 Please see boundary survey 401.78 1250.63 500,068 11.48+/- Property is located on the south side of Rattlesnake-Hammock Road approximately 1 mile west of Collier Boulevard. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ Naples Lakes Country Club PUD Rattlesnake-Hammock ROW, preserve and golf course Lely Resort PUD Florida SouthWestern College, undeveloped Sierra Meadows PUD Preserve Collegewood PUD and A Bus Fleet Facility and water retention area 22 50 26 N.A.N.A.Not located in a subdivision N.A.N.A.00432720000 Legal Description A, Agricultural Ancillary Plant CU Undeveloped COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) No COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ District School Board of Collier County School 5775 Osceola Trail Naples FL 34109 239.377.0267 eastmath@collierschools.com Rattlesnake Hammock Road West of Collier Blvd. Naples FL 34113 22 50 26 N.A.N.A.N.A. N.A.N.A.00432880005 Please see boundary survey for legal description 50 Employees 3,000 750 3,000 750 4 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. May 2020 Not applicable Please see Utility Dedication Statement included with this application submittal packet COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 Cover letter briefly explaining the project 1 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Warranty Deed(s) 1 Boundary Survey 1 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TIS) or waiver 1 Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 4 4 4 4 4 4 4 4 4 4 4 4 4 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 9 of 12 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:  Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager.  Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson GMD Graphics City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Lockheart Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 10 of 12 FEE REQUIREMENTS All checks payable to: Board of County Commissioners  Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting)  Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee  Comprehensive Planning Consistency Review: $300.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00  Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00  Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00  Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) D. Wayne Arnold, AICP July 13, 2018 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Rattlesnake Hammock Road Collier Public Schools Ancillary Plant CU (PL20180001030) Applicant / Agent Information June 11, 2018 Page 1 of 1 CCPS7 Applicant Agent Information.docx Applicant: Name of Applicant: Dr. Kamela Patton, Superintendent Firm: District School Board of Collier County, Florida Address: 5775 Osceola Trail City: Naples State: FL Zip: 34109 Telephone: 239.377.0267 E-Mail Address: eastmath@collierschools.com Agent: Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239-947-1144 E-Mail Address: warnold@gradyminor.com and Name of Agent: Richard D. Yovanovich, Esq. Firm: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City: Naples State: FL Zip: 34103 Telephone: 239-435-3535 E-Mail Address: ryovanovich@cyklawfirm.com Rattlesnake Hammock Road Collier Public Schools Ancillary Plant CU (PL20180001030) Evaluation Criteria April 10, 2018 Page 1 of 3 CCPS7 Evaluation Criteria.docx Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. Narrative The subject 11.5+/- acre property is located on the south side of Rattlesnake Hammock Road and is under the ownership of the Collier County Public School District. The site is proposed to be developed by the Collier County Public School District for expansion of the South County Regional Transportation Facility, which is known as an Ancillary Plant under the Collier County Land Development Code. The proposed uses of the site would include surface parking for approximately 100 school buses, parking for bus drivers, vehicle maintenance facilities, and fueling kiosk(s) and storage. The Collier County School District operates the South County transportation facility on a 10+/- acre parcel located immediate west and adjacent to the subject site. The property is currently zoned A, Agriculture. Conditional Use #28 of the Agriculture zoning district is for Ancillary Plants, a use which is consistent with the proposed use of the site. The definition for Ancillary Plant is: Ancillary plant: The building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program which may lawfully be used as authorized by the Florida Statutes and approved by the Collier County School Board. A conditional use site plan has been prepared which identifies the shared access point with the existing transportation facility, and areas on the site proposed to be utilized for parking, maintenance and fueling. An approximate 1.7 acre Preserve area has been identified on the southern portion of the site, which will be contiguous to the preservation area at the current transportation facility, and to the preservation area of the Sierra Meadows PUD located immediately east of the subject property. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. Rattlesnake Hammock Road Collier Public Schools Ancillary Plant CU (PL20180001030) Evaluation Criteria April 10, 2018 Page 2 of 3 CCPS7 Evaluation Criteria.docx Policy 5.16c. of the Future Land Use Element of the Collier County Growth Management Plan indicates that the Collier County Public School District has acquired sites for existing and future ancillary plants within the County and that they are deemed to be consistent with the Future Land Use Element of the Plan, and are further subject to the Interlocal Agreement between the Collier County School Board and the Board of County Commissioners. Policy 7.2 of the Future Land Use Element encourages development to provide for shared connections and loop roads in order to reduce congestion on nearby roads. The proposed expanded transportation facility will utilize the existing driveway connection on R attlesnake Hammock Road and will not provide a second means of ingress to the arterial roadway. The two facilities will be looped internally in order to provide the buses and drivers to move freely between sites without accessing Rattlesnake Hammock Road. Policy 7.3 of the Future Land Use Element encourages interconnections to adjoining properties. The two facilities will be interconnected along their common boundary; however, no interconnection external to the Collier County School District property is proposed due to the security needs for the transportation facility. The proposed development plan for the project identifies a 1.7+/- acre preservation area on- site, which represents 15% of the existing native vegetation found on the property. Policy 6.1.1 of the Conservation and Coastal Management Element requires that all commercial and industrial sites must preserve a minimum of 15% of the existing native vegetation. The site plan identifies a preserve meeting the minimum requirements of this policy. The proposed School District Ancillary plant is consistent with the Transportation, Public Facilities and Public School Facilities Elements of the Growth Management Plan. There are no existing or anticipated level of service issues near the proposed transportation facility. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and Egress to the facility will be via an existing shared driveway connection on Rattlesnake Hammock Road. This ingress/egress location was previously permitted by Collier County in the form of a formal agreement with the School District. Turn lanes are in place to serve the shared access to the facility. Due to the staggered hours of operation for th e facility, the existing turn lanes and driveway are sufficient for the proposed use. Sidewalks exist on Rattlesnake Hammock Road. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. Rattlesnake Hammock Road Collier Public Schools Ancillary Plant CU (PL20180001030) Evaluation Criteria April 10, 2018 Page 3 of 3 CCPS7 Evaluation Criteria.docx The proposed transportation facility expansion will have no impact on neighboring properties with regard to glare, odor, noise or economic impact. The subject property is located between the existing transportation facility and an area that is designated as a conservation area as part of the Sierra Meadows project located immediately to the east. The property located immediately to the south is owned by Edison Community College Board of Trustees and is part of the Florida Southwest College Campus. The nearest residences to the subject site are located greater than 700 feet from the project and are located north of Rattlesnake Hammock Road and separated from the site by Rattlesnake Hammock Road ROW, preserve, lake and golf hole. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. The subject property is contiguous to the existing transportation facility to the west, and is not adjacent to any residential development. The site will abut preserve areas on two sides and is separated from the nearest residence by over 700’ inclusive of road ROW, preserve area, golf hole and lake area. The existing transportation facility has been in existence for approximately 10 years and to our knowledge, there have been no compatibility issues raised. In our professional opinion, the proposed ancillary plan is compatible with the surrounding area. e. Please provide any additional information which you may feel is relevant to this r equest. Included in the application are a traffic analysis, which is based on the operational characteristics of the existing transportation facility. We have also included an environmental assessment, which identifies the vegetation on site and the pro posed preserve area. Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL# 20180001030 PRE-APP INFORMATION Assigned Ops Staff: Camden Smith, (insert tech) • Name and Number of who submitted pre-app request Sharon Umpenhour, 239.947.1144 • Agent to list for PL# Q. Grady Minor & Associates, P.A., D. Wayne Arnold • Owner of property (all owners for all parcels) ➢ List individually and by parcel - 00432880005, School District-VAC, c/o Superintendent, 5775 Osceola Trl, Naples, FL 34109 • Confirm Purpose of Pre-App: (Rezone, etc.) Conditional Use • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Proposed conditional use to allow an educational plant (bus fleet facility) • Details about Project (choose type that applies): PUD or PUD-A – is this a phased development and if so what schedule is being proposed? Is the proposal for a specific Tract or addition of a Tract/Use? Variance – What are you seeking a variance of: zoning, primary use, etc.? Provide details. BDE – include any measurements of watercraft (boats), dock extensions measurements from shorelines etc. here and return with a site plan if such exists. REQUIRED Supplemental Information provided by: Name – Sharon Umpenhour Title – Senior Planning Technician Email – sumpenhour@gradyminor.com Phone – 239.947.1144 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION $ 500,000 $ 0 $ 163,875 $ 0 $ 957,100 $ 0 $ 957,100 $ 132,812 $ 824,288 $ 0 $ 0 Collier County Property Appraiser Property Summary Parcel No.00432880005 Site Adr. Name / Address SCHOOL DISTRICT-VAC % SUPERINTENDENT 5775 OSCEOLA TRL City NAPLES State FL Zip 34109 Map No.Strap No.Section Township Range Acres  *Estimated 5B22 000100 010 5B22 22 50 26 11.26 Legal 22 50 26 WLY 400FT OF E3/4 OF N1/2 OF N1/2 LESS RD R/W LESS OR 3789 PG 1133 Millage Area 53 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 83 - PUBLIC COUNTY SCHOOLS 5.122 6.3384 11.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 06/04/01 2835-2460 06/04/01 2835-2458 10/01/86 1225-2079 01/01/65 182-265 2017 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll Page 1 of 1 3/26/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=101033851&ccpaver=1710181149&F... Collier County Property Appraiser Property Detail Parcel No.00432880005 Site Adr. Name / Address SCHOOL DISTRICT-VAC % SUPERINTENDENT 5775 OSCEOLA TRL City NAPLES State FL Zip 34109 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type Land  #Calc Code Units 10 ACREAGE 11.26 Building/Extra Features  # Year Built Description Area Adj Area Page 1 of 1 3/26/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=101033851&ccpaver=1710181149&F... Collier County Property Appraiser Property Aerial Parcel No.00432880005 Site Adr. Open GIS in a New Window with More Features. Page 1 of 1 3/26/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=101033851&ccpaver=1710181149&F... 168 PROJECT Rattlesnake Hammock Road PARClS NO 120 720A 720B 121 and 721 FOLIOS NO 00432720000 and 00432880005 AGREEMENT THIS AGREEMENT hereinafter referred to as the Agreement is made and entered into on this 8Tft day of fERulAy 2005 by and between THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FLORIDA a public agency of the State of Florida whose mailing address is 5775 Osceola Trail Naples Fl 34109 hereinafter referred to as Owner to COLLIER COUNTY a political subdivision of the State of Florida whose mailing address is 3301 Tamiami Trail East Naples Florida 34112 hereinafter referred to as County WITNESSETH WHEREAS County has requested that Owner convey to County a fee simple interest over under upon and across the lands identified as Parcels 120 and 121 and more particularly described in Exhibit A which is attached hereto and made a part hereof hereinafter referred to as the Property and WHEREAS in lieu of compensation Owner has requested that County remove the existing entrance and construct a new entrance and driveway for Owners Bus Facilitysituatedat6543RattlesnakeHammockRoadasgenerallydepictedbytheDrawingattached hereto as Exhibit B and made a part of this Agreement hereinafter referred to as the Work and WHEREAS Owner has agreed to grant to County Temporary Construction Easements over under upon and across the lands described in Exhibit C which is attached hereto and made a part of this Agreement hereinafter collectively referred to as TemporaryConstructionEasementsorTCEsinorderthatCountymayremovetheexistingentrance and construct the new entrance and driveway and WHEREAS in recognition of the mutual benefits to be obtained Owner desires to convey the Property to the County for the stated purposes and County desires to carry out the Work on the terms and conditions set forth herein said terms including that no compensation shall be due and payable for the Property or for the Work NOW THEREFORE in consideration of these premises payment of the sum of Ten Dollars 1000 by County and other good and valuable consideration the receipt and sufficiency of which is hereby mutually acknowledged it is agreed by and between the parties as follows 1 All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below and all Exhibits referenced herein are made a part of this Agreement 2 Owner shall convey good and marketable title to the Property and shall grant the Temporary Construction Easements to County in a form acceptable to County and at no cost to the County unless othervvise stated herein Said conveyance OwnersdeliverytoCountyofaproperlyexecutedWarrantyDeedinrespectofthe fee simpleinterestsandaproperlyexecutedeasementinstrumentinrespecttotheTemporaryConstructionEasementsto be acquired is hereinafter referred to as the Closing 3 Prior to Closing Owner shall obtain from the holders of any liens exceptions andor qualifications encumbering the Property the execution of such instruments which will remove release or subordnate such encumbrances from the Property upon their 168 Page 2 recording in the public records of Collier County Florida Owner shall provide suchinstrumentsproperlyexecutedtoCountyonorbeforethedateofClosing 4 Time is of the essence and Closing shall occur within sixty 60 days from the dateCountyexecutesthisAgreementprovidedhoweverthatCountyshallhavetheunilateralrighttoextendthetermofthisAgreementpendingreceiptofsuchinstrumentsproperlyexecutedwhicheitherremovereleaseorsubordinateanyandallsuchliensencumbrancesorqualifications affecting Countys enjoyment of thePropertyorTemporaryConstructionEasements 5 Owner represents that the Property and the TCEs and all uses of the same have beenandpresentlyareincompliancewithallFederalStateandLocalenvironmentallawsthatnohazardoussubstanceshavebeengeneratedstoredtreatedortransferredon the Property or the TCEs except as specifically disclosed to the County that the Ownerhasnoknowledgeofanyspillorenvironmentallaw violation on any propertycontiguoustoorinthevicinityofthePropertyandTCEstobeconveyedtotheCountythattheOwnerhasnotreceived notice and otherwise has no knowledge of a any spillonthePropertyorTCEsbanyexistingorthreatenedenvironmentallienagainstthePropertyorTCEsorcanylawsuitproceedingorinvestigationregardingthe generation storage treatment spill or transfer of hazardous substances on thePropertyorTCEs 6 To the extent permitted by law Owner shall indemnify defend save and hold harmless the County against and from and shall reimburse the County with respect to any and all damages claims liabilities laws costs and expenses including without limitation reasonable paralegal and attorney fees and expenses whether in court out of court in bankruptcy or administrative proceedings or on appeal penalties or fines incurred byorassertedagainsttheCountybyreasonorarisingoutofthebreachofOwners representation under Section 5 This provision shall survive Closing and is not deemedsatisfiedbyconveyanceoftitle 7 County shall pay all fees to record any curative instruments required to clear title all recording fees and any and all costs andor fees associated with securing and recording a Release or Subordination of any mortgage lien or other encumbrancerecordedagainstthePropertyandtheTemporaryConstructionEasementsprovidedhoweverthatanycompensationandorattorneysfeesrequiredbyanylienor judgment holders to secure releases or satisfactions shall be the responsibility of the Owner 8 County shall carry out the Work at its own expense except as otherwise stated herein as part of the expansion of Rattlesnake Hammock Road Collier County Project No 60169 hereinafter referred to as the Project and within the confines of the TCEsdescribedinExhibitCTheWorkwillincludeconstructionofanaccessdriveas generally depicted in Exhibit B extending no more than 525 feet southerly from thenorthernboundaryofParcels120and121thePropertyandprovidingtwoseparateentrancestotheemployeeandmaintenanceparkingareasInconstructingthenew driveway connection County agrees to replicate the Owners existing entrance Prior to commencement of the Work County will be responsible for obtaining a modification to Owners existing South Florida Water Management District permit for construction of the Work and may include as part of the permit modification any developmentproposedanddesignedbytheOwnerofanexistingwetlandarealocatedtothesouthoftheBusFacilityhereinafteradditionasitedevelopmentProvidedhoweverthatOwnershallbearanydesigncostsassociatedwiththisadditionalsitedevelopmentandallcosts of any wetland mitigation imposed by South Florida Water ManagementDistrictasaresultoftheWorkandtheadditionalsitedevelopmentCountyshallpaythepermittingfeesandtheconstructioncostsfortheWorkonlyandwillhavenoresponsibilityregardinganyadditionalsitedevelopmentThepartiesrecognizethatintheeventtheOwnerwishes to include the additional site development as part of theSFWMDpermitmodificationcoordinationbetweenthepartiesiscriticaltoavoid unnecessary delays in the permit submittal and thereby avoid delays in commencement of the Work County will not be responsible for any delays broughtaboutbyOwnersfailuretosubmitproposedplansforadditionalsitedevelopmentas 16fPage3 requested by County The County agrees further to coordinate all design constructionandpermittingeffortsrelatingtotheWorktothefullestextentpossibleandwillcooperatewithOwnerregardingthedesignspecificationsoftheWor 9 To the fullest extent permitted by law County shall indemnify defend save and holdharmlessOwnerOwnersofficersagentsinviteesguestsandoremployeesfromandagainstanyconstructionlienssuitsdemandsclaimsliabilitylossespenaltiesdamagesjudgmentsordersdecreesandcostsandexpensesincludingattorneysfeesandallcosts of litigation for property damage construction lien liability or deathwhichmayresultfromorariseoutofanywillful misconduct or negligent act of CountywhichoccurredorisallegedtohaveoccurredwithrespectCountysuseoftheTemporaryConstructionEasementsThisindemnificationprovisionshallnotbeconstruedasawaiverofsovereignimmunityoranylimitationofliabilityto whichCountymaybeentitledunder Section 76828 Fla Stat This provision shall surviveClosingandshallnotbedeemedsatisfieduponconveyanceoftitle 10 County or its agents will provide Owner with at least ten days advance written noticeofcommencementoftheWorkwhichnoticeshallidentifytheworktobedoneandtheestimatednumberof weeks to complete the Construction Works 11 The parties are aware and understand that this Agreement is subject to acceptanceandapprovalbytheBoardofCountyCommissionersofCollierCountyFloridaandThe District School Board of Collier County Florida This Agreement shall be effective as of the date of the last partys execution 12 This Agreement and the terms and provisions hereof shall be effective as of the datethisAgreementisexecutedbybothpartiesandshallinuretothe benefit of and bebindinguponthepartiesheretoandtheirrespectiveheirsexecutorspersonalrepresentativessuccessorssuccessortrusteesandorassigneeswheneverthecontextsorequiresoradmits 13 Conveyance of the Property by Owner is contingent upon no other provisionsconditionsorpremisesotherthanthosesostatedaboveandthiswrittenAgreementincludingallexhibitsattachedheretoshallconstitutetheentireAgreementandunderstandingofthepartiesandtherearenootherpriororcontemporaneouswritten or oral agreements undertakings promises warranties or covenants not containedherein 14 This Agreement is governed and construed in accordance with the laws of the State ofFlorida 15 This Agreement may be executed by both parties in counterparts each of which shall bedeemedanoriginalbutallofsuchcounterpartstakentogethershallconstituteoneandthesameAgreement IN WITNESS WHEREOF the parties have caused these presents to be executedthedateandyearfirstabovewritten AS TO COUNTY DATED 2 if 1 rJa ATTEST Ii DWIGIjfESHOOK ClØrk cbeU3y Clerk Attest to Chi 1run s s fatilrof T BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA BY W Fred W Coyle Chairma AS TO OWNER ATTEST Approved as to form and legal sufficiency tllenChadwell Assistant County Attorney7w 16fPage4 THE DISTRICT SCHOOL BOARD OF COLLlEeqUNTY II łBYZi4dfA1l Patricia J Carroll Chairman SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EASTCOLLIERCOUNTYFlORIDAPARCELNO120PROPERTYOWNERSCHOOL80ARDOFCOLUERCOUNTYREFERENCEOR2209PG1073STRAPNO5026220060005822AREAOFTAKE7629SQFT AREA OF REMAINDER xxxx sa FT VI 10 lj CI It QtenIljj 00gIt014i I ci CI a h8j ŒVI 0 ILrWQOI JIJ5nOIlCIen2hIf˛25Il 0 Q 0 t CI FEE SIMPLE INTEREST OLIO NO JI9rcr1D POC POB ROW POINT OF COMMENCMENT POINT OF BEGINNING RIGHTOFWAY o o L CI I I I I I II1JIiS1I I I I I iiI I i I I I JmIIL I I I I Qo Ii CI rZcrSCALE180 812 ııı d G2 b o c G2 u g fIi alo it tduIa 21500 0CI0ro Iwg3toOlld5 IA It0Qro@Itto @@ a 011 ad l r sr liNE OFOF NOIfTHtAsr auSECT10NOIffltfsrQUARTFRARTFfS50sRCE26OJ7223WºAsr lIIYE Dr 124908 OF NOIIJVrQUAfTFfCT1ON22ntp110ARfFRSRCf2tlº 168tJIt10ıtw1Iiio@ i J I tJa Giat5C5ijz I VI 10 E t UIIiiQ II iE JiB JVIjI It a 0 fdVj A of THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY J LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION PARCEL 120 CLIENT COLLIER COUNTY TRANSPORTATION DIVISION 1Qd Q IitgtIJIB fz tt3GNOLI i3RBERRUNDAGE Professlonlll englneerB planners land surveyortJcwCoatllulta200700rTroD11011HplPLIOe tIU7SII1IACtlSulta10120aIIIItPrt0n3toltUU7SJlICuWlete01AlthortwaUqHo18seeADnSINUI101111203 JIi 0ag t qOf13 11 z 7650 ª i tJ1lJbllj W j lJ i bltl Iiii 11504 BY ºI8oQg Og 0l t OQs @@ In011ad 11 h IufjIltga Q lultuoenla00oG2ridVl EXHIBIT Page i GEO GE W HACK EY PSM NO 5606 SCAlE L 80 DA TE SEPT 26 2QPJ DRAWN BY JAN PROJECT NO 8315 ACAD NO 866 SM FILE NO 8668 168 SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUN TY FLORIDA LEGAL DESCRIPTION OF PARCEL 120 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY PROPERTY ASDESCRIBEDINOFFICIALRECORDSBOOK2209PAGE1073PUBLICRECORDSOFCOLLIERCOUNTYFLORIDABEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS THE NORTHERLY 2500 FEET OF THE SCHOOL BOARD OF COLLIER COUNTYPROPERTYBEINGTHEEAST12OFTHEEAST12OFTHENORTHWEST14 OF THENORTHWEST14OFSECTION22TOWNSHIP50SOUTHRANGE26EASTCOLLIERCOUNTYFLORIDALESSTHENORTHERLY5000FEETFORRATTLESNAKEHAMMOCKROADRIGHTOFWAY CONTAINING 7629 SQUARE FEET OF LAND MORE OR LESS FEE SIMPLE INTEREST EXHIBIT A Pagev oft FOLIO NO Q3527Qt7O LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY DESCRIPTION PARCEL 120 CLIENT COLLIER COUNTY TR SPORTATION DIVISION 11504GNOLIi3RBERRUNDAGEProfessionalengineersplannersklandłurTeyorsColliereISUite2001400TTrollfrtblIflpl7J1141081141013111LICthIla101loaDłtzotFortlr7on3101lflI31UIIcrtlft04teatAuUtorlnUoaMeL1ISletIIUJam14111st20S BY SCALE N TS DRAWN BY JAN ACAO NO 8668 505 DA TE SEPT 26 2003 PROJECT NO 8315 FILE NO 8668 SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EASTCOLLIERCOUNTYJFLORfDAPARCELNO121PROPERTYOWNERSCHOOL80ARDOfCOLUERCOUNTYREFERENCEOR2835PG2460STRAPNO5026220100005822AREAOFTAKE0231ACRES AREA OF REMAINDER XXX ACRES z SCALE 1 80 0 0 CoI h IJ W W It QQJt5V5wjffiltj0æ t J a 0 8 ŒIJ 0 14J 8ItWrl11lJQ5Q 08o0 Q QJ2lO IIloqCoI I 0 J FEE SIMPLE INTEREST iF o o 01 NO oßUtiA ffActrS POC POB ROW POINT OF COMMENCMENT POINT OF BEGINNING RIGHTOFWAY oo B CoI II r I I t t I i I I iI1 I i IJIiUIi I IdI I d I J8 I I I I IIIII I I I I I Q Il Q o 81J2i8 I IItI I I 8340 Sı iiQh i F ji 1diijUlIi d Q f r a8 2500 I111 I I I I I IdI I I 1 I tJ ILul1 J I IfI 25 I I I I 1 IIr 1 O8jceJt5gJ0 kOQ Q toIig i OOQQJQJ5Od 5o Qj 0g31i5j0loqaffi iSi o IX I s a EXHIBITAPage of hI JL 10 kJ t 0oI J o II S 2 i o VIIST liNt OFNorNORTHTHtASTOUAR7lRSECTlON22t14f5TOUAl1—150SRGE28tS011221IIICASTLIoOF24g 08 t OFNORTHrpTQUAR7lR0CTlfN221IIP5yvART—f 0RGt2 J E t5gSz0 8oi Q05Oºg QO Q VI Q d 168 Œ wŁ gjırAi oi5 tJr F Œ @iov tge U tJ Ft J ı8ji1s g i i F THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2DESCRIPTION PARCEL 121 CLIENT COLLIER COUNTY TRANSPORTATION DIVISIONGNOLIARBER13RUNDAGE IIIC Professional englneen planners landsurveyorsCollloCoualrSuit2007400raml1TrdlNorthIIpln HIDe1418D78111LooCotrhI101IlIoa47lItroolFortMTorIn880111418873111Ctb1of¯uthorlnUaD W LB 16M 18 Sri QIUNI 210J115 04 i l lu U BY G 0 SCALE I 80 DRAWN BY JAN ACAD NO 8668 SD6 2003 83158668 168 SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA LEGAL DESCRIPTION OF PARCEL 121 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY PROPERTY ASDESCRIBEDINOFFICIALRECORDSBOOK2835PAGE2460PUBLICRECORDSOFCOLUERCOUNTYFLORIDABEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS THE NORTHERLY 2500 FEET OF THE SCHOOL BOARD OF COLLIER COUNTYPROPERTYBEINGTHE WEST 40000 FEET OF THE NORTHEAST 14 OF THENORTHWEST14OFSECTION22TOWNSHIP50SOUTHRANGE26EASTCOLLIERCOUNTYFLORIDA LESS THE NORTHERLY 5000 FEET FOR RATTLESNAKE HAMMOCKROADRIGHTOFWAY CONTAINING 0231 OF AN ACRES OF LAND MORE OR LESS EXHIBIT l Pageof 1 FEE SIMPlENTEREST FOLIO NO OOf LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY DESCRIPTION PARCEL 121 CLIENT COLLIER COUNTY TRtJIGNOIJ I3RBERRUNDAGElIIc Prcfesonel engineer plannen land suneyonCIIIcvhUla20074001181rolllIorthlIopnUIOS 114107811110ctpIt10110SII111Portno830118378111cZWtoofj1IthOrtUUBNLB34II1814ru18812103 11504 BY EOR SCALE NTS DRAWN BY JAN ACAD NO8668SD6 168 Jtc I IIIIf I I I rIIfI I fI I II II I r1 r Ir IIIlI EXHIBIT B I III Page ofI I IIII If I I I II I II II IIIIIIIIIIIIIIII I rII1I IIIIIII Ir I IJ I III II LJI II II I IrII IL 168 SECTON 22 TOWNSHIP 50 COLLIER COUN T SOUTH RANGE 26 FLORIDA EAST 2III N O jPARCELNO720AAND7208 PROPERTY OWNER SCHOOL BOARD OF COLLIER COUNTY REFERENCE OR 22QQ P9 1793SmAPNO5926220QeoOO2 24600 24800 SECTION 15 TOWNSHIP 50 SOUTH RANGE 26 EAST FUTURØ DHLOPMENT DE ME t AØ NAPLES LAKØS COUNTRY CLUB PLAT BOOK JJ PAGØS 7 THRU 15 TBINAPLES UMITED PARTNERSHIP smAP I 506900 FD 15815 25000 25 RESCRID1011 RATTLESNAKE HAlAlOCROAD RIGHT OF WAY AOUISITION BY COUNTY rUONUAlEHT JSTAMPfD P8SJtJXIS7JNGRW AffiESNAKE HAMMOCK ROAD CR 864 100 ROW SOUTH LINE Of SECTION T1P 50 S ROE 21 SURofYBASRlNE AND SECRON LINEII74E121504 8 PARCH IlglEPROPOSEDRoW J 1 I 8118I I I NOIUH LINE OF SECTION 2ZT1PSOROE26E I IS t Ii8TfTJUNDJxJ18IIICONCIIETIIUOHUUEIIT1 L1 PARCEL 121 PROPOSED ROW II 174I1J4 E J771I11 OJ POC 8STA237665851IIORTHIISTCORNEROfSECTION22 EXSRNa ROW POB PARCEL 120 PROPOSED ROIf S 8748 J4 W PARCft 720A PROPOSED Tca11150SJ 22UO flORENCE B ROSS TRUST OR BOOK 778 PAGE 1148 smAP I 5026220020015822 SCHOOL BOARD OF COLUER COUNTY OR BOOK 2209 PAGE 1073 STRAP 15026220060005822 PARCH 721 PROPenED TCE cN lL Iri o toQ 001g5a1iJadLIL2 LJ L4 L5 L1 LJNE TA8I F IWtmI 5500 Jo DO 5500 JOOO 2500 ZIJH 5111414II S 02126E II 1148034E II 02126 II S 021128E N OJ1 Z2J E W lI31 LlJ2 LlJJ LIJ4 LlJ5 UJ8 LfJ7 LfJIJ LlJII U40 U41 LJ4Z LHJ LJ LNEAf f UWll1 flUJ1j120 36S 87 JII20 21S 27U 5JE74 51S OJ12 2JIf24 119II 88 II44 00S OJ1 49II24 IIJ5 66 48E 2IJII 095 OJ 22JW46 11II 811 47J7W30 0N OJ15 2EJo ooN IJII 48IIW4 ooS OJ15 I2IIJO OOS 1111 411r21 119N OJ15 2E40 22S 1I1I 47J7EPARCEL 720 BPROPOSED rC11 46115 z 2 LI¯CIl IJ12 47CURVE TABI FBDJJli 70 008 14ciJI1IlD 18 11CHORD BEARING N 116 J559Lo J8IfBlI Jgaol al5ÆSSjhefigc of SECTION22TOWNSHIP50SOUTHRANGE26EASTTEMPORARY C STRUCTION EASEMENT CI2 SOUTH LINE or IIORTHII STQVART ROfNCR1HIlESTQUNTRSCCRONZ2T1P50sRGE211ESOU1HMST CORNER or NORTHEASTQVN1fROfOfNORTHIlESTQUAR7—SECTION 22 T1 P50 5 RGC 26 E m oJ J a U 5tijL POCP OBR OWPOINT OF COMMENCMENT POINT OF BEGINNING RIGHT OFWAYLEGAL DESCRIPTION AND SKETCH SHEET 1 DESCRIPTION PARCELS 720 AAND 720 8CLIENT COLLIER COUNTY TRANSPORTATION DIVISION OF 2 THISLEGALDESCRIPTIONANDSKETCHPREPAREDBYHER de RUNDAGE lIfcProlesslonalenllneersplannerland surveyors cowCol7tsoonoof0lllliall0llrolllIor1loforiILItlO1 10871111toCoI1hla1011116łoal7810rortIL1180184181711UotorAuUroriaoUoa110IB81184166611011 150412 0804BY 2QQJ BJ15 8672 EO SCALE 1 8Q DRAWN BY JAN ACAD NO 8e72 SD6 16g SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA LEGAL DESCRIPTJON OF TCE PARCELS ALL THAT PART OF THE NORTH 12 OF THE NORTHWEST 14 OF SECTION 22 TOWNSHIP 50 SOUTHRANGE26EASTCOLLIERCOUNTYFLORIDALYINGSOUTHERLYOFRATTLESNAKEHAMMOCKROADCR864100RIGHTOFWAYANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS PARCEL 720A CONTAINING 1650SQUARE FEET OF LAND MORE OR LESS AND COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22 THENCE NORTH 874834 EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINEOFSAIDRATTLESNAKEHAMMOCKROADADISTANCE OF 37799 FEETTHENCESOUTH21125EASTADISTANCEOF5000FEETTOTHESOUTHERLY RIGHT OF WAY LINE OFSAIDRATTLESNAKEHAMMOCKROAD THENCE CONTINUE SOUTH 21126 EAST A DISTANCE OF 2500 FEET TO THE POINT OF BEGINNING OFTHEPARCELHEREIN BEING DESCRIBED THENCE CONTINUE SOUTH 21126 EAST A DISTANCE OF 3000 FEETTHENCENORTH874834EASTALONGALINE5500FEETSOUTHERLY OF AND PARALLEL WITH SAIDRIGHTOFWAY LINE A DISTANCE OF 5500 FEET THENCE LEAVING SAID LINE NORTH 21126 WEST A DISTANCE OF 3000 FEETTHENCESOUTH874834WESTALONGALINE2500FEETSOUTHERLYOFAND PARALLEL WITH SAIDRIGHTOFWAY LINE A DISTANCE OF 5500 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREINDESCRIBEDEXHIBIT0 Page 2 tPARCEL720B ALL THAT PART OF THE NORTH 12 OF THE NORTHWEST 14 OF SECTION 22 TOWNSHIP 50 SOUTHRANGE26EASTCOLLIERCOUNTYFLORIDALYINGSOUTHERLYOFRATTLESNAKEHAMMOCKROADCR864100RIGHTOFWAYANDBEINGMOREPARTICULARLYDESCRIBEDASFOLLOWSCOMMENCINGATTHENORTHWESTCORNEROFSAIDSECTION22THENCENORTH874834EASTALONGTHENORTH LINE OF SAID SECTION AND THE SURVEY BASELINEOFRATTLESNAKEHAMMOCKROADCR864100ROWADISTANCEOF121504FEETTHENCELEAVINGSAIDNORTH LINE AND SAID SURVEY BASELINE SOUTH 21126 EAST A DISTANCE OF5000FEETTOTHESOUTHERLYRIGHTOFWAYLINEOFSAIDRATTLESNAKEHAMMOCKROADANDTHENORTHEASTERLYCORNEROFTHEOFTHESCHOOLBOARDOFCOLLIERCOUNTYPROPERTYASDESCRIBEDINOFFICIALRECORDSBOOK2209PAGE1073OFTHEPUBLICRECORDSOFCOLLIERCOUNTYFLORIDATHENCESOUTH31223WESTALONGTHEEASTERLYBOUNDARYOFTHEABOVEMENTIONEDPROPERTYADISTANCEOF2511FEETTOTHEPOINTOFBEGINNINGOFTHEPARCELHEREINBEINGDESCRIBED THENCE SOUTH 874834 WEST ALONG A LINE 2500 FEET SOUTHERLY FROM AND PARALLEL WITH THEAFOREMENTIONEDRIGHTOFWAY LINE A DISTANCE OF 2036 FEETTHENCELEAVINGSAIDLINE SOUTH 211353 EAST A DISTANCE OF 2026 FEETTHENCESOUTH31223WESTADISTANCEOF7451FEETTHENCENORTH864448WESTADISTANCEOF2489FEETTHENCESOUTH31549WESTADISTANCEOF4400FEETTHENCESOUTH864448EASTADISTANCEOF2493FEETTHENCESOUTH31223WESTADISTANCEOF28909FEETTHENCENORTH864737WESTADISTANCEOF4618FEETTHENCENORTH031512EASTADISTANCEOF3001FEETTHENCENORTH864448WESTADISTANCEOF3000FEETTHENCESOUTH31512WESTADISTANCEOF10400FEETTHENCESOUTH864448EASTADISTANCEOF3000FEETTHENCENORTH31512EASTADISTANCEOF2199FEETTHENCESOUTH864737EASTADISTANCEOF4022FEETTOTHEBEGINNING OF A CURVE CONCAVENORTHERLYANDHAVINGARADIUSOF7000FEETTHENCEEASTERLYALONGTHEARCOFSAIDCURVETHROUGHACENTRALANGLEOF131247ANARCDISTANCEOF1614FEETTOANINTERSECTIONWITHTHEEASTERLYLINEOFTHEAFOREMENTIONEDPROPERTY THENCE NORTH 31223 EAST ALONG SAID EASTERLY LINE A DISTANCE OF 124908 FEET TO THE POINTOFBEGINNINGOFTHEPARCELHEREINDESCRIBED TEMPORARYCONSTRUCTIONEASEMENT CONTAINING 11489 SQUARE FEET OF LAND MORE OR LESS LEGAL DESCRIPTION AND SKETCH SHEETTHISLEGALDESCRIPTIONANDSKETCHPREPAREDBYDESCRIPTIONPARCELS720AAND720B CLIENT COLLIER COUNTY TRANSPORTATION DIVISION 2 OF 2 RUNDAGEIIICProteaalonalnlllneuaplannerl land luneyoraCIUcButt1007002l1lil1lilTaJINortblIplnIUDI 1141617111 110cNt1011110łWyIrrt111n11101UR7I1UCrtI1IftboriaUII8II1114r1611101 11504 120804 BY 831 86n GEO GE SCALE DRAWN BY JAtJ ACAO NO8672SD6 168 SECTION 22 COLLIER TOWNSHIP 50 SOUTH RANGE 26 EAST COUN TY FLORIDA 24600 24800 SECTION 15 TOWNSHIP 50 SOUTH RANGE 26 EAST FUTURE DEVELOPMENT DE ME eft AE NAPLES LAKES COUNTRY CLUBPLATBOOKJJPAGES7THRU15 TBJNAPLES UMITED PARTNERSHIP STRAP I 506900 FD 15815 25000 N O jPARCELNO71 PROPERTY OWNER SCHOOL BOARD OF COLLIER COUNTY REFERENCE O 28J PO t60 STRAP NO0262010000 B22RCSER ˘DiI HAJR GHT OFWilym coutfuC 4 CONCRmSTilWP D PBSItJ eXISTINGRO Iv N87UJJ4 C 115 04RA mESNAKE HAMMOCK ROADC R 864 fDOR OwSOU1lUNEOFSEcnON151IP5RG 28 C PARCEL 119 PROPOSED RO W 8 PARCEL 120 PROPOSEDRO IISUR ˘YSilSWHf AHD SEcnON LINCPO C STA23766 58NVR1IIST CORNER OF SEcnON 22 NOR 11 UHf OF SEcnON22TIIP505RCC28 EPARC L720 A PROPOSED T E PARCEL720 B PROPOSEDTC ro ıffi380 sQıQunggtj0 IFLORENCEB ROSS TRUSTO R BOOK 778 PAGE11 48STR fJ I502622002 0015822 SCHOOL BOARD OF COLUER COUNTYO R BOOK 2209 PAGE 7073 STRAP502622006 0005822 PARCEL 721 PROPOSEDr c27 7211S F t UHE TA81 f lJNLli i1lJ BJliQLI 50 00S021 28 ELZ2 5 IISOJ12 2J WLlofll 59 02N OJ12 2JUof6 sr UN1142 01 ELH1 208 21NOJ12 2 ELHI 68 29S111 8 J4W 00 Q I oi oj3teŁl1fIgi ft s aŁis1M UlllfCJ CUR ˘TA8I Ilf IABf J J Q8QCHORDBEARING 78of7 IJ70 009J 81 8895N of J5 5gEXHIBITCPage 3 ot 11 SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EAST SOU1lliNeOFNVR1IfISTQUARTER OFNORTHIIDT QUARJD SECON 22 JIIf s ROC 28CSOU1lIST CORNfOFNOItIHEASTQUAI7FROFOFN0It1lIIST QUAIt1RSf CnON22 1 IP 50 s RCC 16 C l oj U j fLP O c POINT OFCOMMENCMENT P O 8 POINT OFBEGINNINGR OWRIGHT OF WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY IGNOlJ n lDERIIIRUNDAGEDlcProtslonal enllneera plannere iklendsurveyorscwcIhoIIo1007400trailIfr1IJIfalln 101IIT1UCtlhølo10111Iool1mlIInJL01UlllYOI11Coo11ll1ofumU1101IIIIIIIluUl 11 0 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2DESCRIPTION PARCEL 721 CLIENT COLLIER COUNTY TRANSP TA TION DIVISION BY GEORG WACKNEYP S M NO 5606 SCALE I80 OA TE DEC144001DRAWNBYJAtiPROJECT NO 8315ACADNO B672 SD29 8LENO8672 168 SECTION 22 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUN TY FLORIDA LEGAL DESCRIPTION OF PARCEL 721 A PARCEL Of LAND LYING IN SECTION 22 TOWNSHIP 50 SOUTH RANGE 26EASTCOLLIERCOUNTYFLORIDABEINGMOREPARTICULARLYDESCRIBEDASFOLLOWS COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22 THENCE NORTH 874834 EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD CR 864100ROWADISTANCE OF 121504 FEETTHENCELEAVINGSAIDNORTH LINE AND SAID SURVEY BASELINE SOUTH21126EASTADISTANCEOF5000FEETTOTHESOUTHERLYRIGHTOFWAYLINEOFSAIDRATTLESNAKEHAMMOCKROADANDTHE NORTHWESTERLY CORNER OF THE PROPERTY OF THE SCHOOL BOARD OFCOLLIERCOUNTYASDESCRIBEDINOFFICIALRECORDSBOOK2835PAGE2460OFTHEPUBLICRECORDSOFCOLLIER COUNTY FLORIDATHENCESOUTH31223WESTALONGTHEWESTERLYBOUNDARY OF THEABOVEMENTIONEDPROPERTYA DISTANCE OF 2511 FEET TO THE POINT OFBEGINNINGOFTHEPARCELHEREINBEINGDESCRIBED THENCE CONTINUING SOUTH 31223 WEST ALONG SAID WESTERLYBOUNDARYADISTANCEOF124908FEETTOANINTERSECTIONWITH THEARCOFANONTANGENTCURVECONCAVENORTHWESTERLYANDWHOSE RADIUS POINT BEARS NORTH 100024 WEST A DISTANCE OF 7000 FEETTHENCEEASTERLYNORTHEASTERLYANDNORTHERLYALONGTHEARCOFSAIDNONTANGENTCURVE THROUGH A CENTRAL ANGLE OF 764713 ANARCDISTANCEOF9381FEET THENCE NORTH 31223 EAST A DISTANCE OF 15902 FEETTHENCENORTH164207EASTA DISTANCE OF 5142 FEETTHENCENORTH31223EASTADISTANCEOF20621FEETTHENCESOUTH874834WESTALONGALINE2500FEET SOUTHERLYFROMANDPARALLELWITHTHESOUTHERLYRIGHTOFWAYOFSAIDRATTLESNAKEHAMMOCKROADADISTANCEOF6629FEETTOTHEPOINTOFBEGINNINGOFTHEPARCELHEREINDESCRIBED CONTAINING 0636 ACRES OF LAND MORE OR LESSSUBJECTTOEASEMENTSANDRESTRICTIONSOFRECORD EXHIBIT C Page Lfoft TEMPORARYCONSTRUCTIONEASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY DESCRIPTION PARCEL 721 n CLIENT COLLIER COUNTY TR n RUNDAGEIIIOProleonalen1neer8planner8 land 8urveYOrłCWer01718WiWaoo7400Tam1haUxwUt1nH101 JuUleeo811teIII1111Ba781ntPrtIIInIUIHI1178111CrWIteunu108ItHoa1PuHI11111 BY E G HACKNEY PSM NO 5606 SCALE NTS DATE DEC 14 20Q1DRAWNBYJANPROJECTNO8315 ACAD NO 8672SD2Q FILE NO 8672 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following, use additional sheets if necessary. 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: Name and Address % of Ownership 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 Ownership 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 District School Board of Collier County, Florida 100 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 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 Ownership Date of Contract: ___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 3 of 3 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) D. Wayne Arnold, AICP 06/05/2018 N 87°48'29" E 401.78'1250.63'S 88°01'58" W 401.63'N 3°12'18" ES 3°12'18" W1249.05'A PARCEL OF LANDLYING INCOLLIER COUNTY, FLORIDABOUNDARY SURVEYDRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:30 MARCH 20181" = 50'CCPS7DLSKJG18-43-BS.DWG1 of 1GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST LEGENDPROPERTY DESCRIPTIONNOTES:TRACT "C"SIERRA MEADOWSTRACT "D"TRACT "E"TRACT "C"SIERRA MEADOWSTRACT "B"TRACT "A" RATTLESNAKE HAMMOCK ROAD PRESERVE (1.72 AC.) PROPERTY LINE WATER MANAGEMENT & LANDSCAPE AREASWATER MANAGEMENT & LANDSCAPE AREASEXISTING MAINTENANCE / BUS DEPOT EMPLOYEE PARKING AREA BUS / VEHICLE PARKING AREA ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY ZONED: LELY RESORT PUD USE: FLORIDA SOUTH WESTERN STATE COLLEGE (UNDEVELOPED) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ADMIN. & BUS REPAIR & MAINT. BUILDING FUEL KIOSK 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 15' WIDE TYPE 'D' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY (PRESERVE) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ZONED: SIERRA MEADOWS PUD USE: PRESERVE 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER GENERAL LOCATION OF REFUSE AND SERVICE AREAS 0 100'50' SCALE: 1" = 100' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 SITE INFORMATION: ZONING A, AGRICULTURAL SITE AREA: 11.48 AC. PRESERVE: REQUIRED:1.60± ACRES(10.66± ACRES NATIVE VEGETATION X 0.15) PROVIDED:1.72± ACRES SETBACK FROM PRESERVE (MINIMUM): PRINCIPAL STRUCTURE: 25' ACCESSORY STRUCTURE: 10' LANDSCAPE BUFFERS: PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. NOTES: ALL ON-SITE LIGHTING SHALL BE SHIELDED AND DIRECTED AWAY FROM ADJOINING PROPERTIES. PARKING TABLE: TYPE TOTAL SPACES AUTO PARKING (9'x18')127 BUS PARKING (12'x40')100 RATTLESNAKE HAMMOCK ROAD PRESERVE (1.72 AC.) PROPERTY LINE WATER MANAGEMENT & LANDSCAPE AREASWATER MANAGEMENT & LANDSCAPE AREASEXISTING MAINTENANCE / BUS DEPOT EMPLOYEE PARKING AREA BUS / VEHICLE PARKING AREA ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY ZONED: LELY RESORT PUD USE: FLORIDA SOUTH WESTERN STATE COLLEGE (UNDEVELOPED) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ADMIN. & BUS REPAIR & MAINT. BUILDING FUEL KIOSK 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 15' WIDE TYPE 'D' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY (PRESERVE) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ZONED: SIERRA MEADOWS PUD USE: PRESERVE 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER GENERAL LOCATION OF REFUSE AND SERVICE AREAS 0 100'50' SCALE: 1" = 100' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 SITE INFORMATION ZONING A, AGRICULTURE SITE AREA: 11.48 AC. Grand Lely DRSkyway DRRattlesnake Hammock RD Hampshire CT College Park CIRLely Cultural PKWYSICILIA DR College Park L N Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Rattlesnake Hammock Rd. Bus Facility Location Map SUBJECTPROPERTY . 500 0 500250 Feet RATTLESNAKE HAMMOCK ROAD 411 624 411 411 624 624 411 411 624411 624814 FLUCFCS LEGEND CODE DESCRIPTION ACRES 411 (UPLAND)PINE FLATWOODS 6.13 624 PINE, CYPRESS, CABBAGE PALM E3 (50-70% EXOTICS)4.86 814 ROAD (ACCESS)0.49 WETLANDS 0 40'20' SCALE: 1" = 40' GradyMinor Civil Engineers ● Land Surveyors Planners ● Landscape Architects www.GradyMinor.com RATTLESNAKE HAMMOCK ROAD BUS DEPOT FLUCFCS EXHIBIT RATTLESNAKE HAMMOCK ROAD PRESERVE (1.72 AC.) PROPERTY LINE WATER MANAGEMENT & LANDSCAPE AREASWATER MANAGEMENT & LANDSCAPE AREASEXISTING MAINTENANCE / BUS DEPOT EMPLOYEE PARKING AREA BUS / VEHICLE PARKING AREA ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY ZONED: LELY RESORT PUD USE: FLORIDA SOUTH WESTERN STATE COLLEGE (UNDEVELOPED) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ADMIN. & BUS REPAIR & MAINT. BUILDING FUEL KIOSK 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 15' WIDE TYPE 'D' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER ZONED: COLLEGEWOOD PUD USE: SCHOOL DISTRICT BUS FLEET FACILITY (PRESERVE) ZONED: SIERRA MEADOWS PUD USE: PRESERVE ZONED: SIERRA MEADOWS PUD USE: PRESERVE 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER 10' WIDE TYPE 'A' LANDSCAPE BUFFER GENERAL LOCATION OF REFUSE AND SERVICE AREAS 0 100'50' SCALE: 1" = 100' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 RATTLESNAKE HAMMOCK ROAD 411 624 411 411 624 624 411 411 624411 624814 FLUCFCS LEGEND CODE DESCRIPTION ACRES 411 (UPLAND)PINE FLATWOODS 6.13 624 PINE, CYPRESS, CABBAGE PALM E3 (50-70% EXOTICS)4.86 814 ROAD (ACCESS)0.49 WETLANDS 0 40'20' SCALE: 1" = 40' GradyMinor Civil Engineers ● Land Surveyors Planners ● Landscape Architects www.GradyMinor.com RATTLESNAKE HAMMOCK ROAD BUS DEPOT FLUCFCS EXHIBIT RATTLESNAKE HAMMOCK ROAD 411 624 411 411 624 624 411 411 624411 624814 0 200'100' SCALE: 1" = 200' GradyMinor Civil Engineers ● Land Surveyors Planners ● Landscape Architects www.GradyMinor.com RATTLESNAKE HAMMOCK ROAD BUS DEPOT FLUCFCS EXHIBIT PRESERVE CODE DESCRIPTION ACRES 411 (UPLAND)PINE FLATWOODS 1.17 624 PINE, CYPRESS, CABBAGE PALM E3 (50-70% EXOTICS)0.55 IMPACT CODE DESCRIPTION ACRES 624 PINE, CYPRESS, CABBAGE PALM E3 (50-70% EXOTICS)2.02 Historic Preservation/Forms/rev. 06/05/08 1 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: _______________ PLANNER: PETITION NUMBER ASSOCIATED WITH THE WAIVER: _____________________ (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Rattlesnake Hammock Road Collier Public Schools Ancillary Plant CU (PL20180001030) LOCATION: (Common Description) The subject property is located on south side of Rattlesnake Hammock Road approx., 1 mile west of Collier Boulevard. SUMMARY OF WAIVER REQUEST: The property is approximately 11.5± acres, which is undeveloped. The proposed conditional use, if approved, will allow a the Collier County School District to develop the property with an ancillary use for a bus barn facility. The Archaeological Probability Map #6, shows the project is located in an area that does not indicate areas of Historical/Archaeological probability or known sites. The project is located in Section 22, Township 50 S, Range 26 E on the south side of Rattlesnake Hammock Road. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Historic Preservation/Forms/rev. 06/05/08 2 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): District School Board of Collier County School Mailing Address: 5775 Osceola Trail, Naples FL 34109 Phone: 239.377.0267 FAX: _______________________ E-Mail: eastmath@collierschools.com B. Name of agent(s) for applicant, if any: D. Wayne Arnold, AICP Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 FAX: 239.947.0375 E-Mail: warnold@gradyminor.com C. Name of owner(s) of property: Same as Applicant Mailing Address: _____________________________________________________ Phone: ( ) _____________________________ FAX: ___________________ E-Mail: _____________________________________________________________ Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk’s Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Plat Book Page Unit Tract Lot Section 22 Township 50S Range 26 E 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial Historic Preservation/Forms/rev. 06/05/08 3 photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: __________________ square feet, or 11.5± acres Width along roadway: 370± feet (Rattlesnake Hammock Road) Depth: 1245± feet C. Present use of property: Undeveloped D. Present zoning classification: A, Agricultural SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Photo shows undeveloped lands. 2. Historical Land Use Description: Undeveloped. 3. Land, cover, formation and vegetation description: The site is vegetated. 4. Other: . B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board Historic Preservation/Forms/rev. 06/05/08 4 regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ½” x 14”) folder. ______________________________ Signature of Applicant or Agent D. Wayne Arnold, AICP Printed Name of Applicant or Agent ===================================================================== -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: Approved on: _____________ By:______________________________ Approved with Conditions on: ____________ By: _____________________________ (see attached) Denied on: _______________ By: ______________________________ (see attached) Grand Lely DRSkyway DRRattlesnake Hammock RD Hampshire CT College Park CIRLely Cultural PKWYSICILIA DR College Park L N Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Rattlesnake Hammock Rd. Bus Facility Location Map SUBJECTPROPERTY . 500 0 500250 Feet SUBJECT PROPERTY Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com July 6, 2018 RE: Neighborhood Information Meeting (NIM); PL20180001030, Rattlesnake Hammock Road Collier Public Schools Ancillary Plant Conditional Use (CU) Dear Property Owner: You are invited to attend a neighborhood meeting held by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., representing the District School Board of Collier County, Florida (Applicant) on: Tuesday, July 24, 2018, 5:30 pm at Shepherd of the Glades Lutheran Church, Fellowship Hall, 6020 Rattlesnake Hammock Rd, Naples, FL 34113 The District School Board of Collier County, Florida has submitted a formal application to Collier County, seeking approval of a Conditional Use. This application proposes to expand the South County Regional Transportation Facility, which is known as an Ancillary Plant under the Collier County Land Development Code. The proposed uses of the site would include surface parking for approximately 100 school buses, parking for bus drivers, vehicle maintenance facilities, and fueling kiosk(s) and storage. The District School Board of Collier County, Florida operates the South County transportation facility on a 10+/- acre parcel located immediate west and adjacent to the subject site. The property is currently zoned A, Agriculture. Conditional Use #28 of the Agriculture zoning district is for Ancillary Plants, a use that is consistent with the proposed use of the site. The subject property (Parcel I.D. Number 00432880005) is comprised of approximately 11.48± acres, located on the south side of Rattlesnake Hammock Road approximately 1 mile west of Collier Boulevard in Section 22, Township 50 South, Range 26 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician Project Location Map PL20180001030 500' 6/20/2018 Page1 of1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LOTUNIT LEGAL SECT TWP RANGE COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0000 2 NAPLES LAKES COUNTRY CLUB A PORTION OF FUTURE DEVELOPMENT DESC IN OR 3214 PG 461 (RATTLE SNAKE HAMMOCK RD)15 50 26 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0000 1 SIERRA MEADOWS TRACT D 22 50 26 DISTRICT BOARD OF TRUSTEE OF EDISON COMMUNITY COLLEGE FLA80 8099 COLLEGE PKWY FORT MYERS, FL 33919---5566 1 LELY RESORT PHASE TWO THAT PORTION OF TRACT B DESC IN OR 2821 PG 684 22 50 26 EDISON COMMUNITY COLLEGE DIST.BOARD OF TRUSTEES 8099 COLLEGE PKWY FORT MYERS, FL 33919---5566 1 LELY RESORT PHASE TWO TRACT "A" 22 50 26 NAPLES LKS COUNTRY CLUB HOMEOWNERS ASSOC INC 4784 NAPLES LAKES BLVD NAPLES, FL 34112---0000 1 NAPLES LAKES COUNTRY CLUB FUTURE DEVELOPMENT LESS NAPLES LAKES COUNTRY CLUB UNIT 2 LESS OR 3214 PG 461 RW RATTLESNAKE 15 50 26 SCHOOL DISTRICT-TRAN-SOUTH SOUTH TRANSPORATION % SUPERINTENDENT 5775 OSCEOLA TRL NAPLES, FL 34109---0919 22 50 26 E1/2 OF E1/2 OF NW1/4 OF NW1/4 LESS R/W LESS OR 3789 PG 1133 22 50 26 SCHOOL DISTRICT-VAC % SUPERINTENDENT 5775 OSCEOLA TRL NAPLES, FL 34109---0919 22 50 26 WLY 400FT OF E3/4 OF N1/2 OF N1/2 LESS RD R/W LESS OR 3789 PG 1133 22 50 26 SIERRA MEADOWS PROPERTY OWNERS ASSOC INC 42 BARKLEY CIR STE 3 FORT MYERS, FL 33907---4543 1 SIERRA MEADOWS TRACT C 22 50 26 PROOF O.K. BY: _____________________________O.K. WITH CORRECTIONS BY:___________________________ PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE ADVERTISER: Q. GRADY MINOR &ASSOCIA PROOF CREATED AT : 6/27/2018 9:29AM SALES PERSON: NDN7103 PROOF DUE: - PUBLICATION: ND-DAILY NEXT RUN DATE: 06/29/18 SIZE: 3 col X 9.25 in ND-2054358.INDD ND-2054358 NEIGHBORHOOD INFORMATION MEETING PL20180001030, Rattlesnake Hammock Road Collier Public Schools Ancillary Plant Conditional Use (CU) The public is invited to attend a neighborhood meeting held by D.Wayne Arnold, AICP, of Q. Grady Minor and Associates,P.A. and Richard D.Yo vanovich, Esq. of Coleman, Yo vanovich and Koester,P.A.,representing the District School Board of Collier County, Florida (Applicant) on: Tu esday, July 24, 2018, 5:30 pm at Shepherd of the Glades Lutheran Church, Fellowship Hall, 6020 Rattlesnake Hammock Rd, Naples, FL 34113 The District School Board of Collier County, Florida has submitted a formal application to Collier County, seeking approval of a Conditional Use. This application proposes to expand the South County Regional Tr ansportation Facility, which is known as an Ancillary Plant under the Collier County Land Development Code. The proposed uses of the site would include surface parking for approximately 100 school buses, parking for bus drivers, vehicle maintenance facilities, and fueling kiosk(s) and storage. The District School Board of Collier County, Florida operates the South County transportation facility on a 10+/- acre parcel located immediate west and adjacent to the subject site. The property is currently zoned A, Agriculture. Conditional Use #28 of the Agriculture zoning district is for Ancillary Plants, a use that is consistent with the proposed use of the site. The subject property (Parcel I.D. Number 00432880005) is comprised of approximately 11.48± acres, located on the south side of Rattlesnake Hammock Road approximately 1 mile west of Collier Boulevard in Section 22,To wnship 50 South, Range 26 East, Collier County, Florida. Business and property owners,residents and visitors are welcome to attend the presentation. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor. com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: Sharon Umpenhour, Senior Planning Te chnician Q. Grady Minor and Associates,P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134 Phone: 239.947.1144 Fax: 239.947.0375 sumpenhour@gradyminor.com Rattlesnake Hammock Road Bus Facility (CU) Petition PL20180001030, Neighborhood Information Meeting July 24, 2018, 5:30 p.m. A neighborhood information meeting was scheduled for July 24, 2018, 5:30 PM at the Shepherd of the Glades Lutheran Church, Fellowship Hall, 6020 Rattlesnake Hammock Rd, Naples, FL 34113 by Wayne Arnold, representing the District School Board of Collier County, Florida. Having no members of the public present the meeting was not held. Prepared December 20, 2018 Christ the King Presbyterian Church (CU) (PL20180001697) Application and Supporting Documents January 24, 2019 HEX Hearing Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com August 13, 2018 Mr. Timothy Finn, AICP Collier County Growth Management Division/ Planning and Regulation Zoning Services, Planning & Zoning Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing for Conditional Use, Christ the King Presbyterian Church CU (PL20180001697), Submittal 1 Dear Mr. Finn: A Collier County application for Public Hearing for Conditional Use for properties located on the southeast corner of Crews Road and Santa Barbara Boulevard, approximately 1 mile south of Davis Boulevard is being filed electronically for review. The Conditional Use is being requested to allow a 400-seat church in the A, Agricultural Zoning District. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing CU 3. Evaluation Criteria 4. Applicant Agent Information 5. Utility Dedication Statement 6. Pre-application notes 7. Affidavit of Authorization 8. Addressing Checklist 9. Property Ownership Disclosure Form 10. Warranty Deed 11. Boundary Survey 12. Conceptual Site Plan 13. Aerial Location Map 14. Environmental Data Requirements Mr. Timothy Finn, AICP RE: Collier County Application for Public Hearing for Conditional Use, Christ the King Presbyterian Church CU (PL20180001697), Submittal 1 August 13, 2018 Page 2 of 2 15. Traffic Impact Study 16. Title Commitment Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Christ the King Presbyterian Church GradyMinor File COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 1 of 12 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 – 2-90 Chapter 3 C.1 of the Administrative Code PETITION NO (PL) PROJECT NAME DATE PROCESSED A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Applicant/Agent: ______________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. To be completed by staff Alexander G. and Diamond Christou 380 Horse Creek Dr. #206 Naples FL 34110 616-437-2077 jacbaker@charter.net Please see "Applicant Agent Information" document COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application:  If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district;  The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and  The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ None affected. 00409440009 N.A. N.A. 09 50 26 N.A. N.A. N.A. Please see boundary survey 623.81 312.97 195,186+/- 4.5+/- acres Property is located on the southeast corner of Santa Barbara Blvd. and Crews Road COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ N.A. A, Agricultural Undeveloped Waterford Estates PUD (sunset)Undeveloped A, Agricultural Undeveloped and Developed Residential E, Estates Santa Barbara ROW and undeveloped N.A.N.A.N.A. N.A.N.A.N.A. N.A.N.A.N.A. N.A. A, Agricultural Church Undeveloped agricultural land COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? No Yes (If yes please provide copies.) No COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System Provide Name: ____________________ d. Package Treatment Plant (GPD Capacity): ___________________ e. Septic System TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System b. City Utility System c. Franchised Utility System PROVIDE NAME_______________ d. Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _______ Average Daily: ________ B. Sewer-Peak: _______ Average Daily: ________ Christ the King Presbyterian Church 1370 Caxambas Ct.Marco Island FL 34145 616-437-2077 jacbaker@charter.net Country Road east of Santa Barbara Blvd. Naples FL 34112 09 50 26 N.A N.A.N.A. N.A.N.A. 00409440009 Please see boundary survey 400 seat church 4,930gpd 2,000gpd 4,930gpd 2,000gpd 4 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. Sewer connection only. June 2020 NA Please see "Utility Dedication Statement" document COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.1. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 Cover letter briefly explaining the project 1 Pre-Application Notes 1 Affidavit of Authorization, signed and notarized 1 Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Warranty Deed(s) 1 Boundary Survey 1 Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TIS) or waiver 1 Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 9 of 12 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:  Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager.  Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson GMD Graphics City of Naples: Robin Singer, Planning Director Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams Immokalee Water/Sewer District: Other: School District (Residential Components): Amy Lockheart Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees 4 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 10 of 12 FEE REQUIREMENTS All checks payable to: Board of County Commissioners  Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting)  Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee  Comprehensive Planning Consistency Review: $300.00  Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00  Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00  Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00  Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00  Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) D. Wayne Arnold, AICP 07/13/2018 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 10/14/2017 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum:  Date, time, and location of the hearing;  Description of the proposed land uses; and  2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Christ the King Presbyterian Church CU (PL20180001697) Evaluation Criteria October 24, 2018 Page 1 of 3 CTKC Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matter s, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. Narrative This application requests conditional use approval for a 400 seat/21,000± square foot church (place of worship) on an approximately 5+/- acre parcel of land located at the southeast quadrant of the intersection of Santa Barbara Boulevard and Country Road. The site is zoned A, Agriculture and the LDC, Section 2.03.01.A.1.c.8, identifies that a church is permitted as a Conditional Use. A Conditional Use Site Plan has been prepared in support of the application, which depicts the general location of the church building, parking areas, open spaces and access locations. The site is planned to have the primary access to Crews Road, with a secondary access to Sunset Boulevard. The site contains no native vegetative habitat; therefore, no native vegetation preserve areas are depicted on the Conditional Use Site Plan. At the present time the site does not have potable water and sewer service available. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The property is located in the Urban Mixed Use District, Urban Residential Sub-District of the Future Land Use Element (FLUE) of the Growth Management Plan. The Urban Designated lands specifically permit non-residential community facility uses such as churches. Policy 5.4 of the FLUE requires that all applications and petitions for proposed development must be consistent with the Growth Management Plan. This Conditional Use for a church is consistent with the FLUE of the Plan. Policy 5.7 of the FLU E encourages use of land presently designated for urban intensity to be utilized before designating other areas for urban intensity. The site is within the Urban area and represents infill development along a major arterial roadway corridor. Christ the King Presbyterian Church CU (PL20180001697) Evaluation Criteria October 24, 2018 Page 2 of 3 CTKC Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Policy 5.6 requires new developments to be compatible with, and complementary to the surrounding land uses. The property is bounded on three sides by roadways: Santa Barbara Boulevard, Sunset Boulevard and Country Road. The Conditional Use Site Plan for the proposed church identifies the proposed perimeter buffers. The applicant proposes to provide a buffer along Sunset Boulevard by installing a 10’ wide Type D buffer. The church building is over 200’ from the ROW line of Sunset Boulevard. The pr operty to the south is located within a PUD which has been sunset and it is unknown at this time what land use may be developed on the site. Policy 7.1 requires connections to fronting County arterial and collector streets. Based on discussions with Collier County Transportation Planning Staff, the preferred access to the site is the local street known as Country (Crews) Road. Right and left turn lanes were installed on Santa Barbara Boulevard at Country Road as part of the widening improvements several year ago. Utilizing the existing turn lanes is more appropriate than installing another driveway and turn lane on Santa Barbara Boulevard. Policy 7.3 does contemplate interconnections of internal streets to neighboring properties. There are no proposed local streets within the church site. Connection is not necessary or feasible to the undeveloped property to the south due to the unknown future use of the site. That property will have access to Whitaker Road, which like Country Road, had turn lanes installed as part of the Santa Barbara Widening. Access to Sunset Blvd. will be limited to emergency vehicle access only as noted on the conditional use plan. b. Describe the existing or planned means of ingress and egress to the property and propose d structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As discussed above, primary access is proposed from Country Road with secondary access to Sunset Boulevard. Turn lanes exist on Santa Barbara Boulevard. The internal driveways will be configured to allow for emergency vehicle access. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. The church will have negligible impact to neighboring properties. There are two neighboring homes located east of Sunset Boulevard. The church will be providing appropriate buffering as required by the LDC. Further, lighting for the parking areas will be designed to reduce light spillage beyond the property line. The church will produce no odors or noise that would be inappropriate for this location. Christ the King Presbyterian Church CU (PL20180001697) Evaluation Criteria October 24, 2018 Page 3 of 3 CTKC Evaluation Criteria-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com d. Describe the site’s and the proposed use’s compatibility with adjacent properties and other properties in the district. The proposed church as identified on the Conditional Use Site Plan will be over 200’ from the eastern property line and then separated by the 60’ wide ROW of Sunset Boulevard from the nearest residentially utilized property. A buffer meeting the County’s minimum buffer where a church abuts residentially utilized property has been depicted on the Site Plan. To the north is Country Road and then a retention pond owned by Collier County. It has b een determined in numerous instances in Collier County that a church is a compatible use near residential development. The site is bounded on three sides by roadways and it is the opinion of the certified urban planner preparing this application that the site and use are compatible. e. Please provide any additional information which you may feel is relevant to this request. Supplemental data including a traffic impact statement and environmental data report have been provided with this application. Christ the King Presbyterian Church CU (PL20180001697) Applicant / Agent Information June 13, 2018 Page 1 of 1 CTKC Applicant Agent Information-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Applicant: Name of Applicant: Mr. Eric R Hausler, Pastor Firm: Christ the King Orthodox Presbyterian Church, Inc. Address: 1370 Caxambas Ct. City: Marco Island State: FL Zip: 34145 Telephone: 616-437-2077 E-Mail Address: jacbaker@charter.net Agent: Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City: Bonita Springs State: FL Zip: 34134 Telephone: 239-947-1144 E-Mail Address: warnold@gradyminor.com Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20180001697 – Christ the King Presbyterian Church PRE-APP INFORMATION Assigned Ops Staff: Camden Smith, (Ops Staff) • Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor.com • Agent to list for PL# Q. Grady Minor & Associates, P.A. / D. Wayne Arnold • Owner of property (all owners for all parcels) ➢ 00409440009 – Alexander G. Christou, Diamond Christou • Confirm Purpose of Pre-App: (Rezone, etc.) Conditional Use • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): Proposed conditional use to allow a 350± seat church • Details about the Project: Conditional Use (CU) - REQUIRED Supplemental Information provided by: Name Sharon Umpenhour Title Senior Planning Technician Email sumpenhour@gradyminor.com Phone 239-947-1144 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION $ 0 $ 375,000 $ 0 $ 375,000 $ 257,872 $ 117,128 $ 375,000 $ 117,128 Collier County Property Appraiser Property Summary Parcel No 00409440009 Site Address Site City Site Zone *Note Name / Address CHRISTOU, ALEXANDER G DIAMOND CHRISTOU 380 HORSE CREEK DR #206 City NAPLES State FL Zip 34110 Map No.Strap No.Section Township Range Acres  *Estimated 5B09 000100 069 5B09 9 50 26 5 Legal 9 50 26 N1/2 OF SW1/4 OF SW1/4 OF SW1/4 5 AC OR 619 PG 25 Millage Area 105 Millage Rates *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 99 - ACREAGE NOT ZONED AGRICULTURAL 5.122 6.3384 11.4604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 05/01/75 619-25 2017 Certified Tax Roll (Subject to Change) Land Value (+) Improved Value (=) Market Value (-) 10% Cap (=) Assessed Value (=) School Taxable Value (=) Taxable Value If all Values shown above equal 0 this parcel was created after the Final Tax Roll Page 1 of 1 5/23/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=695336518&ccpaver=1710181149&F... Collier County Property Appraiser Property Detail Parcel No 00409440009 Site Address Site City Site Zone *Note Name / Address CHRISTOU, ALEXANDER G DIAMOND CHRISTOU 380 HORSE CREEK DR #206 City NAPLES State FL Zip 34110 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type Land  #Calc Code Units 10 ACREAGE 5 Building/Extra Features  # Year Built Description Area Adj Area Page 1 of 1 5/23/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=695336518&ccpaver=1710181149&F... Collier County Property Appraiser Property Aerial Parcel No 00409440009 Site Address Site City Site Zone *Note Open GIS in a New Window with More Features. Page 1 of 1 5/23/2018http://www.collierappraiser.com/main_search/RecordDetail.html?sid=695336518&ccpaver=1710181149&F... 1,4PUD A NON-ST 2506060150520180 60 60 60 360 PARCEL9B3.55 AC. NAPLES HERITAGE GOLF & COUNTRY CLUB ST SUNSET BLVD.SANDY LANE2,5,6PUD WATERFORD ESTATES 3 POLLY AVENUE 992060TRACT GC5 TRACT C5 TRACT GC4 TRACT RW4100' FUTURE RIGHT-OF-WAY RESERVATION TRACT C5TRACT D TRACT C18 TRACT J3 C5TRACT TRACT GC3 TRACTC5 TRACT GC4 TRACT C3 TRACT GC3 TRACT H1 TRACT GC3 TRACT GC3 TRACT C5 A3 CREWS ROAD COPE LANE 1 1 1 1 11 2 2 2 31 1 1 3 3 1 18 32 19 20 21 22 23 24 25 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1 2 3 4 5 6 7 8 9 F AB TRACT J10 TRACT J9 TRACT J8TRACT J7TRACT J6TRACT J5 TRACT R3 TRACT J4 TRACT J1TRACT J23 3 3 3 3 3 3 3 3 3 3 1 1 1 1 1 4 4 4 4 4 4 4 4 TRACT H2 TRACT H3 TRACT TRACT H5 H4 TRACT H9 TRACT H6 TRACT H7 TRACT H8 TRACT H10 TRACT H12 TRACT H13 TRACT H11TRACT H6NAPLES HERITAGE DRIVECOLONIAL COURTSANTA BARBARA BOULEVARD17 31 3 SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 50S RNG 26E SEC(S) 09 SO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION$ INDICATES SPECIAL TREATMENT OVERLAY 0609S 0616N0608S 0610S0609N NO. NAME P.B. Pg. 1 NAPLES HERITAGE GOLF & COUNTRY CLUB PH 1 26 73-802 NAPLES HERITAGE GOLF & COUNTRY CLUB 27 98-100TRACTS B & C5 REPLAT3 NAPLES HERITAGE GOLF & COUNTRY CLUB PH 2A 28 11-134 ARBOR LAKES, A CONDOMINIUM 29 63-6456789 ZONING NOTES1 2-2-88 R-87-29C 88-102 4-9-91 R-90-27 91-313 LDC-914 12-12-95 PUD-95-10 95-745 1-28-03 SUNSETTED 03-526 7-8-14 LDC ORD. 14-337 8 9 10 THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON. NO. NAME P.B. Pg. 11121314151617181920 0 400 SCALE 8-14-17 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 Christ the King Church Conditional Use Location Map June 13, 2018 Page 1 of 1 Location Map.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Crews Road Santa Barbara Boulevard Sunset Boulevard SUBJECT PROPERTY N 89°29'47" W 653.82'N 0°50'39" W 312.47'S 89°35'18" E 653.82'S 0°50'26" E 313.52'PROPERTY DESCRIPTIONNOTES:A PARCEL OF LANDLYING INCOLLIER COUNTY, FLORIDABOUNDARY SURVEYDRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:16 JULY 20181" = 30'CTKCDLSKJG18-47-BSI.DWG1 of 1GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST LEGENDSANTA BARBARA BLVD161798 CHRIST THE KING CHURCH CREWS ROADSANTA BARBARA BOULEVARD(NORTH BOUND)SUNSET BOULEVARDLAKE20' WIDE TYPE 'D'LANDSCAPE BUFFER10' WIDE TYPE 'D'LANDSCAPE BUFFERPROPERTYBOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARYPROPERTY BOUNDARY15' WIDE TYPE 'B'LANDSCAPE BUFFER30'SETBACKCHURCH BUILDING400 SEATS21,000+/- SQUARE FEETZONED: WATERFORD PUD (SUNSET)USE: UNDEVELOPEDZONED: A, AGRICULTURALUSE: RESIDENTIAL AND UNDEVELOPEDZONED: A, AGRICULTURALUSE: COLLIER COUNTY STORMWATER RETENTIONWELL (LOCATION TBDAT TIME OF SDP)EMERGENCYACCESS ONLYWATER MANAGEMENT(LOCATION TBD ATTIME OF SDP)REFUSE AREASERVICE AREAGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151 Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380060'30'11x17 SCALE: 1" = 60'NOTE:PRESERVE NOT REQUIRED AS THE DOMINANTVEGETATION ON THE PROPERTY CONSISTS OFEXOTICS.SETBACKS:FRONT (CREWS ROAD)50 FEETFRONT (SUNSET BLVD)50 FEETFRONT (SANTA BARBARA BLVD) 50 FEETSIDE (SOUTH)30 FEETPARKING SUMMARYREQUIRED:171 SPACES (400 SEATS X 3 SPACES/7SEATS171 SPACES)PROVIDED:175 SPACESSITE INFORMATIONZONING A, AGRICULTURESITE AREA: 4.48± ACRES Christ the King Presbyterian Church CU (PL20180001697) Transportation Condition October 5, 2018 Page 1 of 1 CTKC Transportation Condition.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The applicant shall construct a 5-ft wide concrete sidewalk along the frontage of Crew Road to the intersection of Sunset Rd at the time of site improvements. Further, the applicant shall provide payment in-lieu for that portion of Sunset Rd fronting the parcel. Christ the King Presbyterian Church CU (PL20180001697) Aerial Location Map June 15, 2018 Page 1 of 1 Location Map.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Crews Road Santa Barbara Boulevard Sunset Boulevard SUBJECT PROPERTY