Resolution 2003-187
7A
RESOLUTION NO. 03 - lB.L
A RESOLUTION PROVIDING FOR THE
ESTABLISHMENT OF A REGlONAL PARK
CONDITIONAL USE IN THE "A" RURAL
AGRICULTURAL ZONING DISTRICT PURSUANT TO
SECTION 2.6.9.2.b. ESSENTIAL SERVICES
CONDITIONAL USES OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE, FOR PROPERTY
LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to
establish, coordinate and enforce zoning and such business regulations as are necessary for
the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is
the granting of conditional uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed
and constituted planning board for the area hereby affected, has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a
conditional use for a regional park in an "A" Rural Agricultural Zoning District pursuant to
Section 2.6.9.2.b. of the Land Development Code for the property hereinafter described,
and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County
Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of
Collier County, Florida that:
The petition filed by Stephen Sposato, AICP, of Agnoli, Barber and Brundage, Inc.
representing the Collier County Parks and Recreation Department with respect to the
property hereinafter described as:
Exhibit "B"
be and the same is hereby approved for a regional park as a conditional use in the "A" Rural
Agricultural Zoning District pursuant to Section 2.6.9.2.b. of the Land Development Code
in accordance with the Conceptual Master Plan, Exhibit "C", attached hereto and
incorporated by reference herein and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion, second and majority vote.
Done this
Z'l~ day of
~
,2003.
BY:
TOM HENNING, CHAIRMAN
S-2~ .{)3
ATT~~TP\':iI 0,,_
. DW;I611T E. BROtK, CLERK
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Ap~roved as to Form and
Legal Sufficiency:
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Assistant County Attorney
CU-2002-AR-3142FRlsp
2
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-3142
The following facts are found:
1. Section 2.6,9.2 b. of the Land Development Code authorizes the regional park conditional
use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Yes No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
No affect or _ Affect mitigated by
_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
DATE:
CHAIRMAN:
EXHIBIT "A"
I;: 7 A
DESCRIPTION OF LANDS SURVEYED
ALL THA T PART OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOllOWS:
BEGINNING A T THE SOUTHWEST CORNER OF SAID SECTION 30, THENCE NORTH
02'00'05" WEST ALONG THE WESTERLY LINE OF SAID SECTION 30. A DISTANCE OF
2670.66 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 30;
THENCE NORTH 02'06'13" WEST ALONG SAID WESTERL Y LINE OF SAID SECTION 30, A
DISTANCE OF 333.72 FEET;
THENCE LEA VING SAID WESTERLY LINE OF SAID SECTION 3D, SOUTH 89'57'54" EAST
329.97 FEET;
THENCE NORTH 02'06'08" WEST 166.86 FEET;
THENCE SOUTH 89'57'54" EAST 329.98 FEET;
THENCE SOUTH 02'06'03" EAST 500.58 FEET TO AN INTERSECTION WITH THE NORTH
LINE OF THE SOUTH HALF OF SAID SECTION 30;
THENCE SOUTH 89'47'54" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF
SAID SECTION 30, A DISTANCE OF 1979.79 FEET TO THE COMPUTED CENTER OF SAID
SECTION 30;
THENCE CONTINUE NORTH 89'57'54" EAST ALONG THE NORTH LINE OF THE SOUTH
HALF OF SAID SECTION 30, A DISTANCE OF 715.93 FEET TO AN INTERSECTION WITH THE
WESTERLY RIGHT-OF-WAY LINE OF 1-75 (S.R. 93);
THENCE SOUTH 00"02'30" EAST ALONG SAID WESTERLY RIGHT-OF-WA Y LINE A
DISTANCE OF 437.05 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCA VE
EASTERL Y AND HA VING A RADIUS OF 11,621.16 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE WESTERL Y
RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 11'04'14" AN ARC DISTANCE
OF 2245.11 FEET TO A NON- TANGENT INTERSECTION WITH THE SOUTHERLY LINE OF
SAID SECTION 30;
THENCE LEA VING SAID WESTERL Y RIGHT-OF - WA Y LINE NORTH 89'58'38" WEST
ALONG SAID NON- TANGENT LINE AND THE SOUTHERLY LINE OF SAID SECTION 3D, A
DISTANCE OF 836.59 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 30;
THENCE CONTINUE NORTH 89"58'38" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 30, A DISTANCE OF 2643.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND HEREIN DESCRIBED.
CONTAINING 212.77 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Exhibit "B"
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Exhibit "e"
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CU-2002-AR-3142
Conditions
1. Traffic signage and pavement markings as well as roadway design shall be in
accordance with Standards . arid Speed Zomng adopted by the State in
accordance with Chapter 316, Florida Statute.
2. Speed limits on internal roads may be designated lower than the "design
speed" of the roadway in order to promote pedestrian safety.
3. A South Florida Water Management District Environmental Resource or
Surface Water Management Permit, as applicable, shall be obtained prior to
the commencement of construction on the site.
4. This site is required to preserve a minimum of 46.58 acres of native vegetation
per Section 3.9.5.5 of the Land Development Code.
5. The Planning Services Director may approve minor changes to the Conceptual
Master Plan (Exhibit "C") per Section 2.704.10 of the Land Development
Code.
6. Lighting shall be directed away from rights-of-way and neighboring
properties and shall incorporate methods to reduce glare.
7. Loudspeakers used during sporting events shall be directed at specific seating
areas in order to minimize the sound heard by the neighboring properties.
8, Regular park hours of operation are from 8:00 AM until 10:00 PM.
EXHIBIT "D"
.'
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Dave Moruzzi
Uza McClenaghan ~
9877 Clear Lake Circle
Naples, Florida 34109-0787
239-5ll6052-48 - ~
239-m-8ll19 - Dew" eel
238-m -8848 - LiDI'a C4IlI
238-598-&2048 - fax
dave. moruzziOworidnet.alt.net
liumacOix.netcom.com
7A ,:~.
WILSHIRE LAKES COMMUNITY ASSOCIATION
WILSHIRE LAKES TRANSITION COMMITTEE
MAY 20, 2003
To the Collier County Commissioners:
Reference:
North Naples Regional Park Conditional Use Permit CU-2002-AR-3l42
The Wilshire Lakes (PUD 91-102,94-8,95-5), which is currently under
the control of the developer, c.L. Soave, John F. Soave, President.
Considering the conditional use of property for the North Naples Regional Park, the
County should consider:
. Enforcing park hours of operations, such as closing at 10PM
. Limiting regional tournament sports events and special concert events to
minimize the impact on neighboring communities
. Encourage the use of state-of-the-art light and noise mitigation for humans and
wildlife
. Include plans for fencing and a gate between Wilshire Lakes and the Regional
Park
. Revisit the purchase of landlocked property
. Respect the ceremonial artifacts of other cultures
The survey process used by the Parks and Recreation Department was designed to
capture information from only selected demographics. If you had a child in the school or
were using a Parks and Recreation facility, you received a survey. However, future
survey processes need to be improved to capture unmet needs and cover all county
demographics, including those who are not currently using the parks and those who live
in impacted communities.
At the first public meeting on the Regional Park on January 30, 2001, residents of
Wilshire Lakes attended and asked questions about lighting, noise, security of the
Wilshire Lakes property, fencing, access to the park by Wilshire Lakes residents, and the
status of the land known as the Paulson property. At this meeting, subsequent public
meetings and a meeting of the board of the Property Owners Associations of North
Collier County (POANCC), Marla Ramsey, her staff, or the landscape architectural firm
said that they would address these concerns.
At the last public hearing on September 18, 2002, representatives from the architectural
firm of Bellomo-Herbert and Company, Inc. said that they would look at special lighting
and noise mitigation. We still have concerns about lighting, noise from soccer, softball
tournaments and music festivals for both the human and native neighbors. The proposed
Regional Park closing time of 10:00 PM, including those for special events, must be
observed, The County should consider imposing a limit on the frequency of regional
tournament events to minimize the impact on neighboring communities. Also, the Parks
I
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and Recreation Department needs to improve communications about planned and
proposed events.
The meeting on 9/18/02 was the first mention of the park for use as a venue for concerts
like the Country Jam, which previously had been held at Vineyards Park. At previous
meetings, we were told that this park would not be considered for special concerts. Since
the County hasn't had a public discussion about the Park and Recreation Department's
plan to produce concerts, the activity should be limited to one or two events per year.
At this time there is a barbed wire fence between the park property and surrounding
properties. We understand that this fence will be removed in order to meet code
requirements. The proposed plans show a fitness path along the south Regional Park
property line and the north Wilshire Lakes/Wilshire Pines property line. There is
currently no plan to indicate where the park ends and private preserve property begins or
that the Wilshire Pines Club House and its facilities are not park amenities. Collier
County through the Parks and Recreation Department should erect a fence. A security
gate would allow Wilshire Lakes residents to access the park. The Planning
Commission at its May 1,2003 meeting requested the Collier Attorney's Office review
the gate question. A similar arrangement should be made for the north PUD neighbor.
The 4. I-acre Paulson property (Folio number: 00199680001) is located southeast of the
park in a corner near 1-75. From Wilshire Lakes, the property is north behind the Villas
on Shallows Way (Wilshire Lakes Block 12) and east of the Wilshire Pines Club House.
The additional piece of property to the east of the Paulson property is owned by the
Florida Department of Transportation, probably for I-75 maintenance access.
The drawings presented at the January 2001 Regional Park meeting indicated that the
Paulson Property and DOT property were not part of the Regional Park. Marla Ramsey
at that time said that the County had failed to negotiate a price with the owner and that
they did not need the property. However, the County should try again to obtain this
landlocked piece of property. If not, there is still a question as to how access will be
provided. Ms Ramsey said she did not know, but would find out.
At subsequent meetings, Ms Ramsey said that she thought there was an easement that ran
along the property line between the Regional Park and Wilshire Lakes to Livingston Rd.
After Gunnar Paulson attended the September 2002 Regional Park meeting, Ms, Ramsey
had the County Attorney and Real Properties research access for this property and Mr.
Paulson had a title search performed. This internal County research did not find any
easements.
Mr. Paulson has sought to sell his property to the Wilshire Lakes Developer. Since a
property should not be landlocked, will Wilshire Lakes be required to provide access?
Since the residents of Wilshire Lakes were not aware that this section was not a part of
the park, they were looking forward to the "build out" and the end of associated building
traffic and noise. The 90% plan for Vanderbilt Beach Road expansion shows our
2
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construction gate being removed with the assumption of "build out". Providing access
would require the construction gate remain in place.
Since the county failed to obtain the property, causing it to be landlocked, the
County should provide access and not cause a forced annexation by a Planned Unit
Development. Or, the County should purchase this property for the park because of,
a- The newly acquired geological knowledge
b- The need to preserve green space
c- The cascading implications for the Wilshire Lakes community and Vanderbilt
Beach Road construction.
The County should review the process of all large land purchases in order to identify the
possibility of creating landlocked properties.
Finally, it is totally inappropriate to use replicas of ceremonial artifacts of the Calusa
culture as objects that spout, fountain, or shower water in the Park. Replicas of the
Calusa culture belong in the interpretation area of the Community Center.
Sincerely,
The residents of Wilshire Lakes
Maurice Astorga, Chair, Wilshire Lake Community Association
9711 Wilshire Lakes Blvd
Naples, FL 34109
566-2540
maurice.astorga@usa.dupont.com
Stan Weiner, Chair, Wilshire Lakes Transition Committee
9881 Clear Lake Circle
Naples, FL 34109
591-0316
sweiner@swfl.rr.com
Attachments:
Collier County Property Appraiser GIS map of Wilshire Lakes and North Naples
Regional Park
Wilshire Lakes Site Plan
Collier County Community Development Division Zoning Map 8631 N
Collier County Property Appraiser Detail for Folio No. 001999680001
3
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North Naples Regional Park
Wilshire Lakes (part)
Paulson Property
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Folio No.1 001tH1OO01
II
Property Add....." NO SITE ADDRESS
Owner NanNI PAULSON ET AL. CARL C
Add....... GUNNAR F PAULSON
18 KREBS RD
CItY PLAINS80RO II s....1I NJ M ZID~ 08538 -1108
Laga' 31 ... 21 N1I2 OF NW1f4 OF
NW1I<4 ()fl NE1/4, LEA N. E, +
W 30FT FOR RIW 4.13 AC OR M2
PG 1020
SectIon I TDwn.hlp II
31 ...
100
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Map No.
3B31
I Stl1lP No. I
482131 008.0003831
Rang.
28
Acrea
4.13
NON..AGRICUL TURAL ACREAGE
2002 Preliminary Tax Roll
(subJectto ell....
Sa"a Hlatory
Land Valua S 115,150.00
(+llmDroved Value $0.00
C8) Market Value S 185,150.00
H SOH Exempt Value $0.00
(8) AueaMCI Value $10,ISO.00
I (-) HOnNI.tead and other Exempt Velue $0.00
(a) Taxable Value $185850.00
Da" II
BDOk - Palle
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Amount
80H . "Save Ou. Home," ..empl ..Iue due to cep on _I Incre._.
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The Infonnallon is Updated Weekly.
http://www.collierappraiser.comIRecordDetail.asp?FolioID=OOOOOOO 19968000 1
09/19/2002
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