Agenda 06/23/2009 Item #17A
Agenda Item No. 17 A
June 23, 2009
Page 1 of 75
EXECUTIVE SUMMARY
PUDZ-2008-AR-12804 Avow Hospice Inc., represented by Tim Hancock, AICP, of
Davidson Engineering Inc., requesting a PUD Rezone from Community Facility (CF) and
Agricultural (A) Zoning Districts with a ST/W-4 Well field Risk Management Special
Treatment Overlay Zone to a Community Facility Planned Use Development (CFPUD)
Zoning District with a ST/W-4 Wellfield Risk Management Special Treatment Overlay
Zone for a project to be known as Avow Hospice CFPUD in order to allow for the
expansion of the existing Hospice use. The subject property is approximately 0.20 of a mile
south of Pine Ridge Road at 1095 Whippoorwill Lane, in Section 18, Township 49 South
and Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application for a rezone of the
subject 15.25:t: acres site from Rural Agricultural (A) and Community Facility (CF) to Community
Facility Planned Use Development (CFPUD) to be known as Avow Hospice CFPUD, and ensure
the project is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERA TIONS:
The petitioner is proposing to rezone the subject site to a CFPUD in order to provide for a larger
site to allow for a proposed 5,700 square-foot expansion of the existing hospice facility. The
petitioner proposes to incorporate a 4.8 acre parcel that has a zoning designation of "A" to the
current 36,420 square-foot hospice facility which is located on a 10.45 acre site that has a zoning
designation of "CF".
A conditional use was granted by Collier County in 1991 (PU-90-27) for a hospice facility and
over the years they have amended the Conditional Use to expand the facility. Then in 2001 the
applicant requested a rezone from Rural Agricultural (A) and Residential Multi-Family (RMF-6)
Zoning Districts to a Community Facility Zoning District. To meet the growing demand for their
services, the petitioner is now requesting a rezone to CFPUD to allow A vow Hospice to expand
their facility and add programs, services and staff to meet the needs of Collier County residents.
FISCAL IMPACT:
The CFPUD rezone by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the CFPUD rezone is approved, a portion of the land could be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
PUDZ-08-AR12804
Avow Hospice, Inc.
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Agenda Item No. 17 A
June 23. 2009
Page 2 of 75
impacts of each new development on public facilities. These impact fees are used to fund projects
identified in the Capital Improvement Element of the Growth Management Plan as needed to
maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, the developer of every local development order
approved by Collier County is required to pay 50 percent of the estimated Transportation Impact
Fees associated with the project, 10 percent per year for the first 5 years of development at 100
percent by the issuance of the building permit. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by application of ad
valorem tax rates, and that revenue is directly related to the value of the improvements. Please
note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The property is currently zoned Rural Agricultural and
Community Facility and is determined to be within the Urban Designation, Urban Mixed Use
District, Urban Residential Subdistrict on the Future Land Use Map (FLUM), which allows for a
variety of non-residential uses, including: essential services; parks and recreational uses;
community facilities and child care centers.
Community Facility district: This zoning district, according to the Collier County Land
Development Code (LDC), is intended to implement the FLUE by permitting nonresidential land
uses. These uses include public facilities, institutional uses, open space uses, recreational uses,
water-related or dependent uses, and other such uses generally serving the community at-large.
This zoning district is limited to properties within the Urban Mixed Use district as identified on
the Future Land Use Map.
CONCLUSION: Based upon the above analysis, staff concludes the proposed rezone may be
deemed consistent with the Future Land Use Element.
Transportation Element: The Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has made the following determination: Based upon the TIS analysis,
staff concludes the proposed rezone may be deemed consistent with policies 5.1, 5.2, 5.7, and
policy 5.8.d of the Transportation Element of the GMP subject to the mitigation incorporated into
the CFPUD Ordinance.
The first concurrency link that is impacted by this project is Link 67.2, Pine Ridge Road (CR-896)
between Livingston Road and Interstate 75 (1-75). The project generates 1 PM peak hour, peak
direction trip on this link, which represents a 0.0027 percent impact on Pine Ridge Road (CR-
896).
Conservation and Coastal Management (CCME) Element: Environmental Services staff
have reviewed this application and have found that the project is consistent with the objectives of
policy 2.2.2 of Objective 2.2 of the Conservation and Coastal Management Element of the GMP.
PUDZ-08-AR 12804
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Agenda Item No. 17 A
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The water management system is comprised of a series of dry detention basins and a control
structure which discharges into the onsite pond. The water management system for the project
proposes the construction of a perimeter berm and the water quality pre-treatment will be
expanded to handle the proposed development. Environmental Services staff has reviewed the
petition and the CFPUD Ordinance and recommends approval.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Based on the findings of the Environmental Impact Statement (EIS), this project qualifies for an
EAC waiver because no listed species were found and no wetlands on site will be impacted. As a
result, they were not required to have a hearing before the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition PUDZ-2008-AR-12804 on May 7, 2009, and by a vote of 7-0
recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to the following conditions:
1. Revise Exhibit A, Principal Uses No.9 by removing the reference to SIC Code (7999) and
reference only parks and playgrounds.
2. Remove the definition of Zoned Height from Exhibit B.
3. Revise Exhibit A, Principal Uses No.8 SIC Code 8051 to prohibit mental retardation
hospitals.
4. Revise Exhibit A, Principal Uses No.8 SIC Code 8249 to prohibit construction equipment
operation schools and truck driving schools.
5. Approve staffs recommendation and incorporate into Exhibit E, Developer Commitments
No. 3 Transportation: The proportionate share shall be based on the highest peak
operational impacts produced by this site, which are present during the AM Peak hour.
The proportionate share will be calculated during the Development Order application
process.
Because the CCPC approval recommendation was unanimous and no letters of objection have
been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
This is a site specific rezone from a Community Facility (CF) and Agricultural (A) Zoning
Districts with a ST/W-4 Wellfield Risk Management Special Treatment Overlay Zone to a
Community Facility Planned Use Development (CFPUD) Zoning District with a ST/W-4 Wellfield
Risk Management Special Treatment Overlay Zone for a project to be known as the Avow
Hospice CFPUD. Site specific rezones are quasi-judicial in nature and require ex parte disclosure.
As such the burden falls upon the applicant to prove that the proposed rezone is consistent with
all the criteria set forth below. The burden then shifts to the Board of County Commissioners
(BCC), should it consider denying the rezone, to determine that such denial would not be
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
PUDZ-08-ARI2804
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Agenda Item No. 17 A
June 23, 2009
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proposal does not meet one or more of the listed criteria below.
Criteria for cFPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract,
or other instruments or for amendments in those proposed, particularly as they may relate
to arrangements or provisions to be made for the continuing operation and maintenance of
suoh areas and facilities that are not to be provided or maintained at public expense?
Findings and recommendations of this type shall be made only after consultation with the
County Attorney.
3. Consider: Conformity of the proposed CFPUD with the goals, objectives and policies of
the Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expanSIOn.
8. Consider: Conformity with CFPUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are
justified as meeting public purposes to a degree at least equivalent to literal application of
such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
10. Will the proposed CFPUD Rezone be appropriate considering the existing land use
pattern?
,...-..,
11. Would the requested CFPUD Rezone result in the possible creation of an isolated district
PUDZ-08-ARI2804
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Agenda Item No. 17 A
June 23, 2009
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unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types
of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used III
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of potential
uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed CFPUD rezone on the
availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the CFPUD rezone request that
PUDZ-08-ARI2804
A vow Hospice, Inc.
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Agenda Item No. 17 A
June 23, 2009
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the Board of County Commissioners shall deem important in the protection of the public
health, safety, and welfare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive Summary,
maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing
as these items relate to these criteria. A supermajority vote of the Board is necessary for
approval. The proposed Ordinance was prepared by the County Attorney's Office. (HF AC)
REcOMMENDA TION:
Staff recommends that the Board of County Commissioners approve the request for PUDZ-2008-
AR-12804 Avow Hospice Inc. subject to staffs and the CCPC conditions of approval that have
been incorporated into the CFPUD Ordinance.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
Page 60f6
PUDZ-08-AR 12804
A vow Hospice, Inc.
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item No. 17 A
June 23, 2009
Page 7 of 75
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition PUDZ-2008-AR-12804, Avow Hospice Inc., represented by
Tim Hancock, AICP, of Davidson Engineering Inc., requesting a PUD Rezone from
Community Facility (CF) and Agricultural (A) Zoning Districts with a ST/W-4 Wellfleld Risk
Management Special Treatment Overlay Zone to a Community Facility Planned Use
Development (CFPUD) Zoning District with a STIW-4 Wellfield Risk Management Special
Treatment Overlay Zone for a project to be known as Avow Hospice CFPUD. The 15.25
acres subject property is for the expansion of the existing Hospice use. The subject property
is south of Pine Ridge Road at 1095 Whippoorwill Lane, in Section 18, Township 49 South
and Range 26 East, Collier County, Florida. CTS
6/23/2009 9:0000 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
6/3/2009 2:30:33 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
6/5/2009 4:42 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
6/8/2009 9:24 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
6/8/2009 9:40 AM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
Date
6/8/2009 10:26 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
6/8/2009 11 :56 AM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
6/10/2009 9:23 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
Date
6/10/200910:31 AM
Approved By
fllp.llr.\ A o-pnn!'lTp"t\Pvnrwt\ 11':>- Tll n po/,.. ,)(),)1 O/n ')()')()()Q\ 17 o/... ')()"T H.tO.tf A U VO/... ')() A r.]:;'l\.m A \
h. / 1 7 /') ()()O
Joseph K. Schmitt
Community Development &
Environmental Services
Page 2 of2
Agenda Item No. 17 A
June 23, 2009
Page 8 of 75
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10/20098:30 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Office of Management & Budget
Date
6/111200910:00 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
6/11/200911 :15 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
6/11/20096:37 PM
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A~enda Item No. 17 A
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Page 9 of 75
Cotir:r County
.......- ~ ~~ ----
STAFF REPORT
TO:
FROM:
COLLIER COUNTY PLANNING COMMISSION
DEP AR TMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: MAY 7,2009
SUBJECT: PUDZ-2008-AR-12804, AVOW HOSPICE COMMUNITY FACILITY
PLANNED UNIT DEVELOPMENT (CFPUD)
PROPERTY OWNERS/AGENTS:
Owners: Avow Hospice Inc.
1095 Whippoorwill Land
Naples, FL 34105
Agents: Tim Hancock, AICP
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, FL 34105
REQUESTED ACTION:
To have the Collier County Planning Commission (CCpe) consider an application for a rezone
of the subject 15.25::1:: acres site from Agricultural (A) and Community Facility (CF) to
Community Facility Planned Use Development (CFPUD) to be known as Avow Hospice
CFPUD.
GEOGRAPHIC LOCATION:
The subject property is located on the west side of south of Whippoorwill Lane and
approximately 0.20 of a mile south of Pine Ridge Road (CR-896) in Section 18, Township 49
South and Range 26 East, Collier County, Florida. (See location map on the following page).
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting to rezone the subject site to a CFPUD in order to provide for a
larger site to allow for a proposed 5,700 square foot expansion of the existing hospice facility.
The cunent 36,420 square foot hospice facility is located on a 10.45 acre site that is zoned "CF"
and includes an existing lake that covers approximately half the site. The petitioner now
proposes to incorporate the 4.8 acre parcel to the south that is zoned Rural Agriculture (A). As
AprU27,2009
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Agenda Item No. 17 A
June 23, 2009
Page 11 of 75
depicted on the PUD Master plan, the primary access to the subject site is made by way of the
existing ingress and egress off of Whippoorwill Lane.
The A vow Hospice is a non-profit community hospice facility that is managed by a volunteer
Board of Directors and provides care for terminally ill patients and their families. They were
originally established as Hospice of Naples, Inc. in 1983 and operated under that name until
October 26, 2007 when the name was changed to Avow Hospice, Inc. A conditional use was
granted by Collier County in 1991 (PU-90-27) for a hospice facility and over the years they
have amended the Conditional Use to expand the facility. Then in 2001 the applicant
requested a rezone from Rural Agricultural CA) and Residential Multi-Family (RMF-6)
Zoning Districts to a Community Facility Zoning District. The proposed rezone will allow
Avow Hospice to expand and meet the growing demand for their services by adding
programs, services, and staff to meet the needs of Collier County residents.
SURROUNDING LAND USE AND ZONING:
North: Kraft Corporate Plaza, Commercial, offices and the Naples Nissan automotive
dealership; zoned Pine Ridge Center West PUD (Ord. No. 01-09), Pine Ridge Center
PUD (Ord. No. 01-03), and Pine View CPUD (Ord. No. 07-06).
East: Whippoorwill Lane right-of-way (ROW), Single-Family and Multi-Family homes, and
Seagate Baptist Church of Christ; zoned Whippoorwill Lakes PUD (Ord. No. 00-16),
and Rural Agricultural (A).
South: Single-Family homes, and vacant land; zoned Arlington Lakes PUD (Ord. No. 00-67),
and Residential Single-Family (RSF-5).
West: Single-Family and Multi-Family homes, and vacant property; zoned Brynwood
Preserve PUD (Ord. No. 00-73), and Rural Agricultural (A).
Aerial View
April 27, 2009
PUDZ-09-AR-12804
2
Agenda Item No. 17 A
June 23, 2009
Page 12 of 75
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The property is clllTently zoned Rural Agricultural (A)
and Community Facility (CF) and is determined to be within Urban Designation, Urban
Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM),
which allows for a variety of non-residential uses, including: essential services; parks and
recreational uses; community facilities and child care centers.
Community Facility (CF) district: This zoning district, according to the Land Dcvelopment
Code (LDC), is intended to implement the FLUE by permitting nonresidential land uses.
These uses include public facilities, institutional uses, open space uses, recreational uses,
water-related or dependent uses, and other such uses generally serving the community at-
large. This zoning district is limited to properties within the Urban Mixed Use district as
identified on the Future Land Use Map (PLUM). In order to promote smart grov.rth policies,
and adhere to the existing development character of the County, the following policies shall
be implemented for new development and redevelopment projects, where applicable.
Policy 7.1, The COllnty shall cncourage developers and property owners to connect their
properties to fronting collector and arteria/road<;, except where no such connection can be
made without violating intersection .spacing requirements 0/ the Land Development Code
(LDe). (Staff Comment: As depicted on the Conceptual Site Plan, the project has access
onto \Vhippoonvm Lane which connects to an arterial road, Pine Ridge Road (CR-896).
This site does not abut an arterial or collector road.)
Policy 7. 2, The County shall encourage internal accesses or loop roads in an effort to help
reduce vehicle congestion on nearby collector and arterial road) and minimize the need/or
traffic signals. (Staff Comment: As depicted on the Conceptual Site Plan, there is an
existing access to Whippoorwill Lane on the east side of the subject pr'operty. Given the
small size of the project and the site's configuration, a loop road may not be feasible,
and is not ShO'Wll on the pun Map.)
Policy 7.3. All new and existing developments shall be encouraged to connect their local
streets and their interconnection point with a({joining neighborhoods or other developments
regardless 0/ land lIse type. (Staff Comment: Neither the Conceptual Site Plan or the
application addresses this issue. Given the small size/character of the project and
surrounding land uses, interconnect access to adjoining neighborhoods may not be
feasible.)
Policy 7. 4. The COllnty shall encourage new developments to provide walkable communities
with a blend of densities, common open .spaces, civic facilities and a range of housing prices
and 01Jcs. (Staff Comment: This project provides open space and sidewalks, and
allowable land uses include civic facilities. Density and housing types are not applicable
to this non-residential project.)
CONCLUSION: Based upon the above analysis, staff concludes the proposed rezone may be
deemed consistent with the Future Land Use Element (FLUE).
April 27, 2009
PUDZ-09-AR-I2804
3
Agenda Item No. 17 A
June 23,2009
Page 13 of 75
Conservation and Coastal Management Element: This project is consistent with the
objectives of policy 2.2.2 of Objective 2.2 of the Conservation and Coastal Management
Element of the GMP. The water management system is comprised of a series of dry detention
basins and a control structure which discharges into the on site pond. The water management
system for the project proposes the construction of a perimeter berm and the water quality
pre-treatment will be expanded to handle the proposed development.
Transportation Element: TranspOltation Plmming staff has reviewed the petitioner's
Traffic Impact Statement (TIS) and notes the following:
Pine Ridge Road Impacts: The first conculTency link that is impacted by this project is Link
67.2, Pine Ridge Road (CR-896) between Livingston Road and Interstate 75 (1-75). The
project generates 1 PM peak hour, peak direction trip on this link, which represents a 0.0027
percent impact on Pine Ridge Road (CR-896).
This concurrency link, which is also a hunicffile evacuation route, reflects a negative capacity
of 456 trips in the adopted 2008 Annual Update and Inventory RepOlt (AUIR) (adopted late
2008) and is at Level of Service "F". Historically, the 2007 AUIR (adopted late 2007), under
which this petition was reviewed in September of 2008, showed a positive remaining
capacity of 177 trips. Upon fmther investigation by staff in April 2009, the failure of this
roadway is primarily attributable to trips banked in the concurrency system during 2007.
Many of these trips have since been removed from the trip bank during 2008 (after the
adoption of the 2008 AU1R) upon completion of the projects that were reserving those trips.
When removed from the reserved trip bank, these trips are now considered part of the
background traffic. Therefore, the current trip ban1e (as of 4/15/2009) reflects that the
adjacent roadway fails by 192 trips.
The Transportation Planning Staff also indicates that the project traffic's V/C
(volume/capacity) ratio is currently 1.05, and the project's impact is below 1 percent, which
is consistent with Policy 5.2 of the TranspOltation Element of the GMP. The proposed project
is located within the East Central TranspOltation Concurrency Management Area [TCMA],
in which 90.47 percent of the lane miles meet the minimum Level of Service [LOS]
according to the 2008 AUIR. The project can be considcred consistent with Policy 5.7 of the
TranSpOliation Element, as the greater than the minimum 85 percent of lane miles meet the
minimum LOS within the TCMA. In accordance with Policy 5.8.d of the Transportation
Element, this project's 0.0027 percent PM Peak hour impact on a hurricane evacuation route
that is cUITently over capacity may NOT be considered de minimis, and requires a
"congestion mitigation payment".
Mitigation: At the time of Site Development Plan review, the petitioner shall pay their
proportionate share costs towffi'd the intersection improvements at Pine Ridge Road (CR-896)
and \Vhippoonvill Lane, as well as prop0l1ionate share towards Whippoorwill Lane
improvements.
CONCLUSION: Based upon the above analysis, staff concludes the proposed rezone may be
deemed consistent with policies 5.1, 5.2, 5.7, and policy 5.8.d of the TranspOltation element
April 27, 2009
PUDZ-09-AR-12804
4
Agenda Item No. 17 A
June 23, 2009
Page 14 of 75
of the GMP subject to the recommended mitigation noted above. Staff recommends the
proportionate share be based on the highest peak operational impacts produced by this site,
which are present during the AM Peak hour. The propOltionate share will be calculated
during the Development Order application process.
ANAL YSIS:
Staif has completed a comprehensive evaluation of this land use petition and the criteria upon
which a recommendation must be based, specifically noted in Land Development Code
(LDC) Subsections 10.02.13.B.5, Planning Commission Recommendation, and 10.03.05.1,
Planning Commission Hearing and Report to the Board of County Commissioners, which
establish factual bases to SUPPOlt a recommendation. The CCPC uses these same criteria as
the basis for their recommendation to the Board of County Commissioners (BCC), who in
turn use the criteria to SUPPOlt their action on the rezoning request. These evaluations are
completed as part of this staff repOlt.
Environmental Review: EnviroIIDlental Services staff have reviewed this application and
have found that the proposed rezone increases the preserve requirement from the original
0.17 acres of native vegetation along tlle south propelty line to 0.30 acre preserve in the
southwest corner of the site and adjacent to the Brynwood PUD preserve.
ElI1ergencv 1I1anagement: The Avow Hospice, Inc PUDZ is located in a category three
(CA T 3) hunicane surge zone, which requires evacuation during some hunicane events.
While there is cUlTent1y no impact mitigation required for tIns, it should be noted that
approval of tIns CFPUD Rezone increases the evacuation and sheltering requirements for the
county.
Transportation Review: TranspOliation Planning staff has reviewed the subject CFPUD
and recommends approval subject to the Developer Conmlitments contained in Exhibit "E"
of the CFPUD Ordinance.
Utilit)! Review: The CFPUD is located within the Collier County Water-Sewer District
boundary, and is subject to the conditions associated with a Water and Sewer Availability
Letter from the Collier County Public Utilities Division at the time of the SDP.
All portions of this project to be developed shall be required to comply with current
Ordinance 2004-31, as amended. According to the County's Geographic Information System
(GIS), there is an existing 12-inch reduced to lO-inch \vater main on Whippool"\vill Lane, and
an existing 10-inch force main on Whippoonvill Lane.
Zon;nf! Review: Development within a PUD district shall be compatible with established or
planned uses of surrounding neighborhoods and propelty as set forth in Subsection 4.07.02.B
of the Land Development Code. As previously stated, the subject site is adjacent on the n011h
to commercial development. The proposed CFPUD will provide a transition from the
commercial zoning to the surrounding residential land uses on the eastern, southern and
western boundary of the subject propelty.
April 27. 2009
PUDZ-09-AR-J 2804
5
Agenda Item No. 17 A
June 23, 2009
Page 15 of 75
The existing Hospice Facility land use is consistent with those allowed in the Urban Mixed
Use District, Urban Residential Subdistrict set forth ill the GMP. To achieve compatibility
with adjacent uses, the site has been designed to minimize its impact on the sUlTounding
residential neighborhood by providing a six (6) foot high masomy wall along the south
propeIty line adjacent to the single-family (RSF-5) development, and a four (4) foot high
masonry wall tlu'ee (3) feet off the right-of-way (ROW) on Whippoorwill Lane that is
adjacent to the single-family homes.
Proposed Development Standards for Principal Structures vs. CF Standards of LDC
Proposed Conullunity Facility
Minimum Lot Area 10,000 square 10,000 sq. ft.
feet
Minimum Lot Width 80 feet 80 feet
Minimum Floor Area 1,000 square feet 1,000 square feet
Minimum Front Yard Setback 25 feet 50% of building height; but~25 feet
Minimum Side Yard Setback 1 5 feet 15 feet
Minimum Rear Yard Setback 15 feet 15 feet
Minimum Preserve Setback 25 feet 25 feet
Minimum Distance between 25 feet 50% of building height; but~25 feet
Structures
Maximum Building Height Zoned: 35 feet 30 feet
Actual: 47 feet
The CPUD's development standards are contained in Exhibit B of the CFPUD ordinance.
Since Group Care Facilities are pern1itted in the CF Zoning Districts, the CF Zoning District
was used in the table on page 6 of this staff report as a benc1ul1ark to evaluate the proposed
development standards against comparable LDC standards. The development standards that
are provided in Exhibit B of the CFPUD indicate that the structures will have a zoned height
of 35 feet and an actual height of 47 feet. The setbacks are similar to the setbacks for
Community Facility in Section 4.02.01 of the LDC.
The Master Plan as provided in Exhibit C of the CFPUD Ordinance depicts the areas of
development, water management, traffic and pedestrian circulation. FUlthenllore, the Master
Plan depicts the 0.30 acre of preserve along the southwest boundary of the subject site. Notes
on the Master Plan reinforce the petitioner's intention to provide 56.7 percent open space,
water management, landscaping, and preserve. The site will continue to be accessed from
Whippoorwill Lane. With the development standards contained in the proposed CFPUD, the
project would be compatible with the residential and commercial land uses in the
sunounding area.
Conmliance with Subsection 1O.02.13.B.5. of the LDC: Planning commISSIOn
recommendation. The planning commission shall make written findings as required in
Section 10.02.08, of the LDC, and shall recommend to the Board of County
Commissioners (BeC) either approval of the PUD rezoning as proposed; approval with
conditions or modifications; or denial. In support of its recOImnendation, the planning
April 27, 2009
PUDZ-09-AR-12804
6
Agenda Item No. 17 A
June 23, 2009
Page 16 of 75
commission shall make findings as to the PUD master plan's compliance with the following
criteria in addition to the findings in Section 10.02.13.B., [Staff's responses to these criteria
are provided in bold non-italicized font]
a. The suitability of the area for the type and paftern of development proposed in
relation to physical characteris/ics of the land, surrounding areas, trC{ffic and access,
drainage, sewer, water, and a/her utilities.
The type and pattern of development have already been reviewed and found
compliant with all applicable LDc and GMP regulations. Furthermore, this
project, as it develops, will be required to comply with all county regulations
regarding drainage, sewer, water and other utilities pursuant to Sections 6.02.04
through 6.02.08, of the LDc. In addition, the proposed rezone will not change
the current land uses that were approved in 2001.
b. Adequacy of evidence (~f unified control Clnd suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas andfadlities that are not to be provided or
maintained at public expense. Findings and recommendations of this type shall be
made only ajier consultation with the cOllnty afforney.
Documents submitted with this application provided satisfactory evidence of
unified control. The proposed CFPUD document and the applicable LDc
development regulations make appropriate provisions for the continuing
operation and maintenance of common areas.
c. COl?formity of the proposed PUD with the goals, o~jectives, policies and the Future
Land Use Element of the Growth J\1anagement Plan.
On page three (3) of this staff report, the comprehcnsive l>lanlling Departmcnt
provided a detailed analysis of how this project meets the goals, objectives,
policies and FLUE of the GMP.
d. The internal and external compatibility of proposed lIses, which conditions may
include restrictions on location of improvements, restrictions 011 design, and buffering
and screening requirements.
The CFPUD Master Plan has becn designed to optimize the internal and
external land use to be compatible with community. The developer will havc to
adhere to the development standards that are contained in the cFPUD
Ordinance, and the buffel"ing I'equircments on the Master Plan, which are
comparable to the standards contained in the LDC.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Aprit 27, 2009
fUDZ-09-AR-12804
7
Agenda Item No. 17 A
June 23,2009
Page 17 of 75
The amount of usable open space for Avow Hospice CFPUD is 8.68::1: acres. This
project exceeds the minimum requirement of the LDC.
f The timing or sequence of development for the purpose of assuring the adequacy of
available improvements andfacilities, both public and private.
Development has already commenced, and has been through concurrency
requirements which were triggered during the site development process.
Additionally, any future development will have to adhere to the transportation
commitments contained in the CFPUD Ordinance as well as be in compliance
with all other applicable concurrency management regulations when the
development approvals are sought.
g. The ability of the subject property and of surrounding areas to accommodate
expansion.
Capacity of wastewater and utilities are currently available for this development
of the subject site. In addition, the petitioner proposes contribution of
proportionate share costs toward the intersection of Pine Ridge Road (cR-896)
at Whippoon\'i11 Lane, as well as proportionate share towards Whippoonvill
Lane improvements when the developer comes in to expand the project. At that
time, the subject site will be reviewed again for supporting infrastructure, and
must be in compliance with all LOS to accommodate the expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such mod!flcatiol1s are
just!fied as meeting public pwposes to a degree at least equivalent to literal
application of such regulations.
The development standards proposed are similar to the development standards
descl'ibed in Section 4.02.01, and Section 4.07.02, ofthe LDc.
Conwliance 1vit/1 Subsection 10.03.05.1 of the LDC: Nature of requirements of planning
commission report. When pertaining to the rezoning of land, the report and
recommendations of the plmming conunissiol1 to the Board of County Commissioners
(BCC) shall show that the planning commission has studied and considered the proposed
change in relation to the following, when applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies andjiitul'e land use map and the elements of the growth management plan.
As noted in the GMP Consistency portion of this l"epOI"t, the proposed uses and
development standards would generally further the goals and objectives of the
FLUE and the applicable portions of the cCME and the Transportation
Element, Therefore staff recommendation that this petition be deemed consistent
with the GMP.
2. The existing land llse pattern.
April 27, 2009
PUDZ-09-AR-12804
8
Agenda Item No. 17 A
June 23, 2009
Page 18 of 75
The existing land use pattern to the north includes the Kraft Corporate Plaza,
commercial retail, offices and the Naples Nissan automotive dealership. The
existing land use pattern to the east, west and south includes Single-Family and
Multi-Family dwellings.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
Staff is of thc opinion that because the proposcd CFI>UD includes the existing
cF zoned property, it will not result in an isolated district unrelated to the
adjacent and nearby commercial and rcsidcntial zoning districts. Furthermore,
the rezonc request does not change the projects consistency with the FLUE.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposedfor change.
As shown on the zoning map included at the beginning of this report, the existing
district boundaries are logically drawn in relation to existing conditions on the
property and follow the property ownership boundaries. As depicted on the
CFPUD Master Plan, the additional 4.80:1: acre site will be used for future
development.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessmy.
The applicant is seeking to rezone to the proposed cFPUD to accommodate the
expansion of the Avow Hospice facility.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The CFPUD is designed to provide protection of the development from
potentially adverse surrounding influcnees and protection of the surrounding
area from potentially adverse influences geneloated by or within the CFPUD.
Fences, walls, or vegetative screening at the boundaries of the CFPUD district
shall be provided, at a minimum, in accol'dance with the landscaping/buffering
requirements of Sections 4.06.01 through 4.06.06, of the LDC. These Sections
have been designed to protect residents from undesimble views, lighting, noise,
or other adverse off-site influences, or to protect residents of adjoining districts
from similar' possible influences from within the PUD district.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types (?f traffic deemed incompatible with surrounding land llses, because of
peak volumes or projected types of vehicular trqffic, including activity during
construction phases of the development, or otherwise affect public sqfety.
At the time of development order approval, the petitioner shall contribute a
proportionate share costs toward the intersection improvements at Pine Ridge
April 27,2009
PUDZ-09-AR-12804
9
Agenda Item No. 17 A
June 23,2009
Page 19 of 75
Road (CR-896) and Whippoorwill Lane, as well as proportionate share towards
the Whippoon\'i11 Lane improvements. Therefore, this petition can be deemed
consistent with both policies 5.1 and 5.8.d, of the Transportation Element of the
GMP. Therefore, this project should not create types of traffic deemed
incompatible with sUlTounding land uses and it should not affect the public
safety.
8. Whether the proposed change will create a drainage problem.
Any proposed water management and drainage system will need to be designed
to preyent drainage problems on site and be compatible with the adjacent water
management systems. Additionally, the LDC and GMP have regulations in place
tbat will ensure review for drainage on new developments will not create
drainage problems.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The development standards provided in the Ayow Hospice CFPUD are similar
to the current cF development standards provided in Section 4.02.01, of the
LDC. Also, the proposed cFPUD will be adhering to the buffering requirement
per the LDc and the existing 7.04 acres lake will help to maintain light and air
circulation to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
The subject site was approved in 2001 for cF Zoning District and it was found
during the approval process that the rezone should not adversel)' affect property
values. Given that the currently approved hospice land use is not changing, the
proposed cFPUD should not adversely affect property values in the adjacent
area. It should be noted that the surrounding commercial and residential PUD's
were approved after the development of the Avow Hospice facility. However,
this is a subjective determination based upon anticipated results which may be
internal or external to the subject property. Since property valuation is affected
by several factors including zoning, zoning by itself mayor may not affect the
values of the adjacent area.
II. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The current landscape and buffer requirements in conjunction .with the pl'esen'e
area and setbacks, and the proposcd dcvelopmcnt standards combined with the
site development plan approval process, pro,.ides assurance that the proposed
CFPUD will not result in a deterrence fOl' improvements to the adjacent
properties.
April 27, 2009
PUDZ-09-AR-/2804
10
Agenda Item No. 17 A
June 23, 2009
Page 20 of 75
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
The subject site will not constitute a special privilege because the proposed
development complies with the GMP. On page three (3) of this report, the
CFPUD request was found to be consistent with the FLUE. Consistency with the
FLUE is further detet'mined to be a public welfare relationship because actions
consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The property is bcing used in accordance with the existing zoning which is
Community Facility. The pt'oposed rezone is necessary to incorporate the
Agricultural zoned property to the project that will be used for expansion
pm'poses.
14. ~Whether the change suggested is out of scale lvith the needs of the neighborhood or
the county.
Avow Hospice cFPUD was designed to meet the intent of the Urban Mixed Use
District, Urban Residential Subdistrict and the site design standard of a
Community Facility Zoning District.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
This criterion does not apply since Avow Hospice facility has existed since the
original conditional use was granted by Collier County in 1991 and was
reevaluated in 2001 ,,,'hen the property was rezoned to the cF Zoning District.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range a/potential uses
under the proposed zoning classification.
The extent of the site alteration will be required to go through cxtensive
evaluation by federal, state, and local development regulations during any site
development plan approval proccss.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public FacUities Ordinance, as amended.
The project will have to meet all applicable criteria describe in the PUD
Ordinance, as well as all the regulations set forth in the LDc and the Adequate
Public Facilities Ordinance.
April 27, 2009
PUDZ-09-AR- J 2804
11
Agenda Item No. 17 A
June 23, 2009
Page 21 of 75
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and welfare.
This will be determined by the BcC during the advertised public hearing.
ENVIRONMENT AL ADVISORY COUNCIL (EAC):
Even though the subject site has already been developed, the applicant was required to
submit an Environmental Impact Statement (EIS) for this petition. Based on the findings of
the ElS, this project qualifies for an EAC waiver because no listed species were found and
no wetlands on site will be impacted. As a result, they were not required to have a hearing
before the EAC.
NEIGHBORHOOD INFORMATION MEETING (NI!\1):
The meeting was duly noticed by the applicant and held on November 24,2008 at 5:30 P.M. at
the Hawthome Hotel. Five people from the public attended, as well as Jeff Marshal, Property
Manager for Avow, and the applicant's team (Tim Hancock and Fred Hood with Davidson
Engineering, Inc.) and county staff. Tim Hancock presented an overview of the requested
CFPUD and why the applicant wants to rezone from Rural Agriculture (A) and Conununity
Facility Zoning Districts. Mr. Hancock explained the applicant purchased the neighboring
property and wanted to provide a comprehensive development plan to the whole property and
felt a PUD zoning was the most practical. Of those who spoke, the following concerns were
addressed: native preservation, listed species and buffering; those who were in attendance
expressed that they were pleased to see the preserves were not being removed and no listed
species were on the property.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for PUDZ-2008-AR-12804 revised 011
April 27, 2009.
RECOMMENDATION:
Staff recommends that the CCPC forward Petition PUDZ-2008-AR-12804 to the Board of
County Conullissioners (BCC) with a recommendation of approval subject to the following
reconIDlendation:
1. Staff reconmlends the proportionate share be based on the highest peak operational
impacts produced by this site, which are present during the AM Peak hour. The
proportionate share will be calculated during the Development Order application
process.
Apri/27,2009
PUDZ-09-AR-12804
12
Agenda Item No. 17 A
June 23. 2009
Page 22 of 75
PREPARED BY:
/??h (
MELISSA ZONE, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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DATE
REVIEWED BY:
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RA YI\10ND V. BELLOWS, ZONING MANAGER
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DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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DATE
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SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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DATE
APPROVED BY:
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JOSEPH K. SCHMn'T ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
I '
SERVICES DIVISION
Tentatively scheduled for the June 23,2009 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
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MARKP. STRAIN, CHAIRMAN
DATE
April 17, 1009
PUDZ-09-AR-/2804
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Agenda Item No. 17 A
June 23, 2009
Page 24 of 75
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APPUCAT.IONF,C)R 'PUB~ICHEARI"'$.FQR,:'
[JA^,ENJ)MENTiT~~Uf)(PU~A) ..' .~;ULlItEz;6NE(~LJD1:) .......' [J,rLJ[)T().PUDr~EZ()NE (PUDZ-Ai
,'.-. ;.,' '~':.'.,.;
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
PUDZ-2008-AR-12804 REV: 2
A VOW HOSPICE, INC
Project: 2007110023
Date: 6/6/08 DUE: 7/7/08
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NAME OF APPLlCANT(S) AVOW HOSPICE, INC.
ADDRESS 1095 WHIPPOORWILL LN CITY NAPLES
TELEPHONE # (239) 261-4404 CELL # N/A
E-MAIL ADDRESS: EWILLlAMS@HOSPICEOFNAPLES.ORG
STATE FL ZIP 34105
FAX # (239) 261-8683
NAME OF AGENT TIM HANCOCK AICP, DAVIDSON ENGINEERING, INC.
ADDRESS 3530 KRAFT ROAD SUITE #301 CITY NAPLES STATE FL ZIP 34105
TELEPHONE # (239) 434.6060 CELL # FAX # (239) 434-6084
E-MAIL ADDRESS:TIM@DAVIDSONENGINEERING.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Public Hearing For PUD Rezone 01 118/07
Agenda Item No. 17 A
June 23, 2009
Page 25 of 75
Complete the Following for all Association{s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: STRATFORD PLACE MASTERS ASSOCIATION INC C/O IPM
MAILING ADDRESS 3435 10TH ST N CITY NAPLES STATE FL ZIP 34103
NAME OF HOMEOWNER ASSOCIA nON: A VIANO AT NAPLES HOMEOWNERS ASSOCIATION INC
MAILING ADDRESS 5067 TAMIAMI TRL E CITY NAPLES STATE FL ZIP 34113
NAME OF HOMEOWNER ASSOCIATION: WHIPPOORWILL PINES ASSOCIATION L TD
MAILING ADDRESS 6131 LYONS RD SUITE 200 CITY COCONUT CREEK STATE FL ZIP 33073
NAME OF HOMEOWNER ASSOCIATION: BRYN WOOD PRESERVE RESIDENT ASSOCIATION INC
SANDCASTLE COMMUNITY MANAGEMENT
MAILING ADDRESS P.O. BOX 8478 CITY NAPLES STATE Fl ZIP 34101
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Application For Public Hearing For POO Rezone 01118(07
Agenda Item No. 17 A
June 23, 2009
Page 26 of 75
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
Percentage of Ownership
Y ounkers, Millard J. Jr. , NfA
Allemong, Douglas L. NfA
Morris, Robert W. NfA
Wollman, Edward E. NfA
Rollins, Karen NfA
Leach, John NfA
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
Percentage of Ownership
,
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
Percentage of Ownership
Application For Public Hearing For POO Rezone 01/18/07
Agenda Item No. 17 A
June 23, 2009
Page 27 of 75
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
Percentage 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 subiect property acquired IZI leased 0 Term of lease
Acquired 8/07, 7100, 4/92
yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: , or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public hearing,
if is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
ApplicatiOD For Public Hearing For PUD Rezone 01118/07
Agenda Item No. 17 A
June 23, 2009
Page 28 of 75
Detailed lelZal descriptioD of the propertv covered bv the application: (If space is inadequate, attach
on separate page.) If request involves change to more than one zoning 'distric:t, include separate 'egal
description for property involved in each district. Applicant shall submit four (4) copies of a recent survey
(completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-
application meeting.
NOTE: The applicant is responsible for supplying the correc:t legal description. If questions arise concerning
the legal description, an engineer's certification or sealed survey may be required.
Block:
Section/Township/Range 18 / 49S / 26E
Subdivision:
Lot:
Plat Book
Page #:
Metes & Bounds Description: Please see Exhibit D
Property I.D. #: 00286560005, 00286600004, 00286640006
Size of property: :!: 1,266 ft. X :1:540 ft. = Total Sq. Ft. :t664,290 Acres:!:l 5.25
Address/1?:enerallocation of subiect property: 1095 WHIPPOORWILL LANE
PUD District (LDC 2.03.06):
D Residential
o Commercial
~ Community Facilities
o Industrial
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Zoning
N PUD & CPUD
S RSF-5
E PUD
W PUD
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Land use
OFFICE AND AUTOMOTIVE DEALERSHIP
SINGLE-FAMilY RESIDENTIAL
WHIPPORWILL LANE ROWand MUL TI-FAMIL Y RESIDENTIAL
SINGLE-FAMILY RESIDENTIAL (PRESERVE)
Does the owner of the subject property own property contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Sec:tion/T ownship /Range
Lot:
Plat Book
Block:
/
/
Page #:
Subdivision:
Property I.D. #:
Metes & Bounds Description:
Application For Public Hearing For PUD Rezone 01/18/07
Agenda Item No. 17 A
June 23, 2009
Page 29 of 75
This application is requesting a rezone from the CF and A zoning district(s) to the CFPUD zoning
district(s).
Present Use of the Propeny: COMMUNrrY FACILrrY. AVOW HOSPICE AND SINGLE-FAMILY
RESIDENTIAL
Proposed Use (or range of uses) of the property: COMMUNITY FACILITY - AVOW HOSPICE
Original PUD Name: Nj A Ordinance No.:
..' )~mi'lIit;~',1!;;"~i@;i?:G!1;;t2';;:Xri
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis
and recommendation to the Planning Commission, and the Planning Commission's
recommendation to the Board of County Commissioners shall be based upon consideration of
the applicable criteria noted below. Provide a narrative statement describing the rezone
request with specific reference to the criteria noted below. Include any backup materials
and documentation in suppon of the request.
PUD Rezone Considerations CLDC Section 10.02.13.B)
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Response: This oetition seeks to convert '1:.15.25 acres of land zoned
Community Facllltv fCF) and Aarlcu/tural fAo) to Communltv
Facilitv PUD fCFPUDJ far the future exlJans/an of the exist/no
Hosolce use. The orooertv Is bound bv WhlolJOorwill Lane to the
east. The adjacent DralJertvto the north Is Nao/es Nlssan. A/so to
the north Is the existln" Kraft Bulldin". The IJrolJertv to the south Is
deve/ooed as a sin ale fam/lv residence. To the west Is the oreserve
location for Brvnwood. a residential subdivision.
Access to the site will be via Wh/IJDOorwlll Lane. The DrolJosed
ora/ect will comolv with all buffer reaulrements set forth in the
Comer County Land Deve/ooment Code. County water and sewer
services exist in this area satisfy/no utll/tv orovisions.
Based on the outlined factors stated above. the IJrolJosed Dra/ect Is
comoatlble with neJahborlna IJrooertles.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense. Findings and recommendations of this type shall be made only
after consultation with the county attorney.
Agenda Item No. 17 A
June 23,2009
Page 30 of 75
Response: The subject DroDertv is owned by the Delifioner. Any common areas
within the Dra/ect. includlna all Dreserve areas. will be owned and
maintained by the DroDertv owner. subseQuent DroDertv owner or
deslanated assoclationfs'.
3. Conformity of the proposed PUD with the goals, 'objectives and policies of the growth
management plan.
Response: Avow HosDice (formerly HosDice of NaDles' has been an imDortant
non-Drafit service "rov/der to residents of Collier Countv for the
Dast 25 vears. Due to its "resent and aDDroved Avow HosDice is In
full comDllance with the ooals. ob/ectlves and Dolicles outlined in
the GMP.
4. The internal and external compatibility of proposed uses, which conditions may
include restridions on location of improvements, restridions on design, and buffering
and screening requirements.
Response: As outlined in the Master ConceDt Plan. all internal and external
DroDosed uses and future im"rovements comDlv with LDC
reQuirements for bufferino and screenin~ from adjacent uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Response: Currently Avow HosDice has a .17 acre oreserve area while the
remainder of the ODen SDace is lamely consumed bv the existino
lake located on-site. With the aCQuisition of the southern most
Darcel (t.4.81 acres'. the Dreserve area will increase in size to t..22
acres. A variety of other ODen SDace and IJassive recreation
facilities are located throuohout the DroIJertv i.e. sittlno areas and
walk/no Daths.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Response: The site is currentlv served bv existin~ Countv water and sewer
facilities.
The Dro/ect will comDlv with the County AdeQuate Public Facilities
ordinance as aDD/icable.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Response: The aCQuisition of the t.4.89 acre Darcel to the south Drov/des the
abilitv of the subject Drooertv to accommodate limited future
eXDansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Agenda Item No. 17 A
June 23, 2009
Page 31 of 75
Response: The IJrolJosed CFPUD comlJlies with all alJlJlicable reaulations set
forth In the Collier County Land DeveJolJment Code for a community
fac/lltles deve/olJment. No deviations from the LDC are reauested at
this time.
Deed Restridions: 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~ 0 Yes [8] No
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has
been made and the application is assigned a petition processing number. The application
will be considered "closed" when the petitioner withdraws the application through written
notice or ceases to supply necessary information to continue processing or otherwise
actively pursue the rezonin9 for a period of six (6) months. An application deemed
"closed" will not receive further processing and em application "dosed" through inactivity
sholl be deemed withdrawn. An application deemed "closed" may be re-opened by
submitting a new 'f'pplication, repayment of all application fees and granting of 0
determination of "sufficiency". Further review of the project will be subiect to the then
current code. (LOC Section 10.03.05.Q.)
PUDAMENDMIilNt(~(jDA)
. PlJ~ :~I:~PN~(~up~f.' ....
PUD to PUDIlE~QNE(PUPZ~A)
.. . .APPPc:~m)N
!iUB",ITl'Al..9f'1~CI(U$T..
Agenda Item No. 17 A
June 23, 2009
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
#OF NOT
REQUIREMENTS COPIES REQUIRED REQUIRED
;$J~'j_Q;:'
1 Additional set if located in the BayshorefGateway Triangle
Redevelopment Area)
Copies of detailed description of why amendment is necessary 24 f8J 0
Completed Application with /ist of Permitted Uses; Development Standards Table; List 24 [8J 0
of proposed deviations from the LDC (if any); List of Developer Commitments and
Statement of Compliance narrative
(download application from website for current form)
Pre-a lication meet in notes 24 [8J 0
PUD Conce tual Master Site Plan 24" x 36" and One 8 V:2" x 11" cop 24 [8J 0
Revised Conce tual Master Site Plan 24" x 36"and One 8 Y2" x 11" co 24 0 f8J
Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF AMENDING 24 0 [8J
THE PUD
Revised PUD a 24 0 [8J
Revised PUD a 24 0 f8J
Deeds/Legal's & Survey (if boundary of original PUD is amended) 2 [8J 0
List identifying Owner & all parties of corporation 2 [8J 0
Owner/Affidavit signed & notarized 2 [8J 0
Covenant of Unified Control 2 [gj 0
Completed Addressing checklist 2 [8J 0
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemption 0 D
'ustification 4
Historical Surveyor waiver request 4 [8J 0
Utility Provisions Statement w / sketches 4 [gj 0
Architectural rendering of proposed structures 4 D RSI
Survey, signed & sealed 4 [8J D
Traffic Impact Statement (TIS) or waiver 7 RSI D
Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400' 5 fg] 0
Electronic copy of all documents in Word format and plans (CDRom or Diskette) 1 [8J 0
If located in RFMU (Rural Frinae Mixed Use) Receivina Land Areas
Applicant must contact Mr. Gerry J. Lacavera, State of Florida
Division of Forestry @ 239-690-3500 for information regarding
"Wildfire Mitigafion & Prevention Plan", LDC Section 2.03.08.A.2.a.{b)i.c.
Applicant/Agent Signature
Date
Application For Public Hearing for PUD Rezone 01/18/07
Agenda Item No. 17 A
June 23, 2009
Page 33 of 75
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMUNITY FACILITY ZONING DISTRICT AND
AGRICULTURAL ZONING DISTRICT WITH A ST/W-4
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONE W-4 TO A COMMUNITY FACILITY
PLANNED USE DEVELOPMENT (cFPUD) ZONING
DISTRICT WITH A ST/W-4 WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE
W-4 FOR THE PROJECT KNOWN AS AVOW HOSPICE
CFPUD, LOCATED AT 1095 WHIPPOORWILL LANE, IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 15.25+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Avow
Hospice, Inc., 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 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from a Community
Facility (CF) Zoning District and Agricultural (A) Zoning District with a STfW-4 WeUfield Risk
Management Special Treatment Overlay Zone W-4 to a Community Facility Planned Use
Development (CFPUD) Zoning District with a STIW-4 Wellfield Risk Management Special
Treatment Overlay Zone W-4 for a 15.25+/- acre project known as Avow Hospice CFPUD, in
accordance with Exhibits A through E attached hereto and incorporated herein. The appropriate
REV. 5/28/09
1
Agenda Item No. 17 A
June 23, 2009
Page 34 of 75
zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of ,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
:='\'1-,,\0"\
~lI~G
HEIDI ASHTON-CICKO
Assistant County Attorney
Land Use Section Chief
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
09-CPS-00944/22
REV. 5/28/09
2
Agenda Item No. 17 A
June 23, 2009
Page 35 of 75
AVOW HOSPICE
A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Avow Hospice, Inc
1095 Whippoorwill Lane
Naples. FL 34105-3847
PREPARED BY:
Tim Hancock. AICP
Davidson Engineering. Inc.
3530 Kraft Rd Suite 301
Naples Fl 341 05
DATE REVJEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Agenda Item No. 17 A
June 23, 2009
Page 36 of 75
EXHIBIT A
PERMITTED USES:
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: Community Facility
1 . Assisted Living Facility including Group Care Facilities, Family
Care Facilities, and Continuing Care Retirement
Communities (Group 8059)
2. Churches and Places of Worship (Group 8661 )
3. Civic and Fraternal Organizations (Group 8641 )
4. Educational Services (Group 8299)
5. Educational Services [Group 8211-8231)
6. Essential Services
7. Museums and Art Galleries (Group 8412)
8. Nursing Home (Groups 8051 except mental retardation
hospitals, 8052. 8249 except construction equipment
operation schools and truck driving schools)
9. Parks. public or private including Play areas and Playgrounds
10. Parochial Schools public or private (Group 8211 )
Any other principal use which is comparable in nature with
the foregoing list of permitted principal uses, as determined
by the Board of Zoning Appeals ("BZA") by the process
outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the
permitted principal uses and structures.
Agenda Item No. 17 A
June 23, 2009
Page 37 of 75
EXHIBIT B
DEVELOPMENT 5T ANDARD5
Table I below sets forth the development standards for land uses within the
proposed Community Facilities PUD (CFPUD). Standards not specifically set forth
within this application shall be those specified in applicable sections of the LDC
in effect as of the date of approval of the SDP or Subdivision plat.
Table!
COMMUNITY FACILITY PUD STANDARDS
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Square feet N/A
MINIMUM LOT WIDTH 80 Feet N/A
MINIMUM FLOOR AREA 1 ,000 Square Feet N/A
FRONT YARD SETBACK 25 Feet 1 0 Feet
SIDE YARD SETBACK 1 5 Feet 10 Feet
REAR YARD SETBACK 15 Feet 1 0 Feet
WATERFRONT SETBACK o Feet or 20 Feet o Feet or 20 Feet
PRESERVE SETBACK 25 Feet 10 Feet
MIN. DISTANCE BETWEEN 25 Feet 10 Feet
STRUCTURES
MAXIMUM HEIGHT Zoned: 35 Feet Zoned: 35 Feet
Actual: 47 Feet Actual: 47 Feet
Development of The Avow Hospice CFPUD shall be in accordance with the
contents of this Ordinance and applicable sections of the LDC and GMP in
effect at the time of issuance of any development plan, excavation permit, and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide development standards, then the provisions of the
most similar district in the LDC shall apply.
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Agenda Item No. 17 A
June 23, 2009
Page 39 of 75
EXHIBIT D
LEGAL DESCRIPTION
A PARCEl OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49
SOUTH, RANGER 26 EAST. COLLIER COUNTY. FLORIDA MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER OF SAID SECTION 18 RUN S 00025'40" E ALONG
THE WEST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1260.53 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF THE SOUTH 60 FEET OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 18; THENCE S 89034' 19" W ALONG SAID LINE 30.00
FEET TO THE POINT OF BEGINNING; THENCE S 89034' 19" W 25 FEET; THENCE S 00025' 40" E
15.00 FEET; THENCE N 89034'19" E 25.00; THENCE N 00025'40" W 15.00 FEET TO THE POINT OF
BEGINNING.
AND
PARCEL 13.2: SOUTH Y:z OF THE NORTH Y:z OF THE NORTH Y:z OF THE SOUTHEAST 1;" OF THE
NORTHWEST I;" OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; CONTAINING 4.952 SQUARE FEET, MORE OR LESS.
AND
PARCEL 13.1: NORTH Y:z OF THE NORTH Y:z OF THE NORTH Y:z OF THE SOUTHEAST ';" OF THE
NORTHWEST 1;" OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA.
AND
THE SOUTH 60 FEET OF THE EAST Y:z OF THE NE 1;" OF THE NW I/... SECTION 18. TOWNSHIP 49
SOUTH, RANGE 26 EAST. OF THE PUBLIC RECORDS OF COlliER COUNTY. FLORIDA.
SUBJECT EASEMENT. RESTRICTION AND RESERVATIONS OF RECORD.
AND
PARCEL 13.3: THE NORTH Y:z OF THE SOUTH Y:z OF THE NORTH Y2 OF THE SOUTHEAST I;" OF THE
NORTHWEST % OF SECTION 18. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY,
FLORIDA. lESS THE EAST 10.00 FEET FOR ROAD RIGHT-Of-WAY.
Agenda Item No. 17 A
June 23, 2009
Page 40 of 75
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments
for the development of the project.
2. ENVIRONMENTAL
A. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The
Preserve Management Plan shall identify methods to address treatment of
exotic species, fire management, and maintenance.
B. The minimum Native Preservation requirement will be a minimum of .30
acres (0.88 acres of native vegetation x 15%= 0.30 acres).
3. TRANSPORTATION
At the time of site development plan (SOP), the petitioner agrees to
contribute a proportionate fair share cost for the planned improvements
at Pine Ridge/Whippoorwill intersection, as well as the Whippoorwill
improvements. The proportionate share will be based on the highest peak
operational impacts produced by this site. which are present during the
AM Peak hour. The proportionate share will be calculated during the
Development Order application process.
Agenda Item No. 17 A
June 23, 2009
Page 41 of 75
C~r County
-~--
Memorandum
To:
Melissa Zone, Principal Planner, Zoning and Land Development Review
From:
Beth Yang, Principal Planner, Comprehensive Planning Department
Date:
February 26, 2008
Sub,iect:
Future Land Use Element (FLUE) Consistency Review
PETITION NUMBER: PUDZ-2008-AR-12804
PETITION NAME: Avow Hospice CFPUD
REQUEST: To rezone the ::J::15.25 acre site from A (Agriculture) and CF (Community Facility) to
CFPUD (Community Facility Planned Unit Development) to allow the uses of the CF zoning district
which includes future expansion of the existing hospice use, an essential service.
LOCATION: The site is positioned along the west side of Whippoorwill Lane, approximately 1/5 of
a mile south of Pine Ridge Road, in Section 18, Township 49 South, Range 26 East.
COMPREHENSIVE PLANNING COMMENTS: The property is currently zoned "A" Agricultural
and "CF" Community Facility and is determined to be within Urban Designation, Urban Mixed Use
District, Urban Residential Subdistrict on the Future Land Use Map, which allows for a variety of non-
residential uses, including: essential services; parks and recreational uses; community facilities and
child care centers.
Community Facility (CF) district: This zoning district, according to the Collier County Land
Development Code (LDC), is intended to implement the FLUE by permitting nonresidential land uses.
These uses include public facilities, institutional uses, open space uses, recreational uses, water-related
or dependent uses, and other such uses generally serving the community at-large. This zoning district
is limited to properties within the Urban Mixed Use district as identified on the Future Land Use Map
(FLUM).
FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area.
Comprehensive Planning leaves this determination to Zoning and Land Development Review as part
of their review of the petition in its entirety.
Page 1 of2
Agenda Item No. 17 A
June 23,2009
Page 42 of 75
In order to promote smart growth policies, and adhere to the existing development character of Collier
County, the following policies shall be implemented for new development and redevelopment projects,
where applicable.
Policy 7.1
The County shall encourage developers and property owners to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without violating
intersection spacing requirements of the Land Development Code. ((Staff Comment: As deoicted Oil the
COllceptual Site Plall, the pro;ect has access onto Whippoorwill Lalle which COllllects to all arterial road,
Pille Rid1!e Road. This site does 1I0t abut an arterial or collector road.)
Policy 7.2
The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle
congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Staff
Comment: As depicted 011 the Conceptual Site Plan, there is all existin1! access to Whippoorwill Lane 011 the
east side of the sub;ect f]1'opertv. Givell the small size of the pro;ect and the site '.'I cOllfi1!uratioll, a 1000 road
mav 1lOt be feasible, alld is not showll 011 the PUD Map.)
Policy 7.3
All new and eXIstmg developments shall be encouraged to connect their local streets and their
interconnection point with adjoining neighborhoods or other developments regardless of land use type.
(Staff Comment: Neither the Conceptual Site Plall nor the applicatioll addresses this issue. Given the small
size/character of the pro;ect and surroundill1! land uses, intercollnect access to adioinill1! nei1!hborhoods mav
not be feasible.)
Policy 7.4
The County shall encourage new developments to provide walkable communities with a blend of
densities, common open spaces, civic facilities and a range of housing prices and types. (Staff
Comment: This oro;ect provides ooen soace and sidewalks, alld allowable lalld uses include civic facilities.
DensitJ., alld housill1! tvpes are not aoolicable to this 1l01l-residential pro;ect.)
CONCLUSION:
Based upon the above analysis, staff concludes the proposed rezone may be deemed consistent with the
Future Land Use Element (FLUE).
(ON CD PLUS)
cc: Susan 1stenes, AICP, Zoning and Land Development Review Department, Director
Ray Bellows. Zoning and Land Development Review Department, Planning Manager
Randy Cohen, A1CP, Comprehensive Planning Department. Director
David Weeks, AICP, Comprehensive Planning Department, Planning Manager
Page 2 of2
Avow Hospice
Rezone
Transportation Impact Statement
Agenda Item No. 17 A
June 23,2009
Page 43 of 75
. Prepared For
I
AVOW Hospice
1095 Whippoorwill Lane
Naples, FL 34105
Prepared by
Davidson Engineering, Inc.
3530 Kraft Road Way
Naples, Florida 34105
. May 16,2008
August, 5 2008
Agenda Item No. 17 A
June 23, 2009
Page 44 of 75
Figure 1. Site Location
1 ,le~S~"",JJ, iF~~lJII J "~~r 0 ''^i,''
.,~,," rfi~','.'."';"'."""" 'nd ' [.,.!\~~;:!,j(\'l "-<"'I!;'.~' :.-' '-"'" -" -.- i ".'r \ 1.1'IIWt~,..';;~.'..'-;:':".".v.,)\-..,,'...,... ......' ".,"'\.", ~'.. ...., '4;: ",
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;~~~~~~'~~;~jl[ij~tir lij~~;;'-~;"~~;;;;: 1! C_NAVTEQ W _~'"
General
The project site is located off of Pine Ridge Road on Whippoorwill Lane. The 15.25 acre site is
zoned CF and AG. The existing land use is Institutional and single family. The site has
approximately 555' of frontage along the West side ofYVhippoorvdll Lane. Currently, the
institution functions as a chronic care facility and provides care for individuals who are unable
to care for themselves.
Existing Conditions
The site consists of 15.25 acres \\rith an existing care facility totaling 36,420 SF and two existing
single-family houses. One of the houses will be demolished upon the construction of the new
community facility. The second house (recently acquired) on the furthest parcel to the south
will remain in it's current condition.
Proposed Improvements
The applicant is proposing the addition of a 5,700 SF community facility while leaving the
existing care facilities intact. Therefore, we shall examine the net new trips for consistency
purposes.
2
Agenda Item No. 17 A
June 23, 2009
Page 45 of 75
Site Access
The site will be accessed from Whippoorwill Lane, an undivided two lane roadway. Therefore,
full iIigress!egress will be permitted.
Trip Generation
Trip generation rates are per the Institute of Transportation Engineers publication, Trip
Generation Seventh Edition. The Land Use Category and associated criteria used to analyze the
project will be:
A) lTE Land Use Category
The LUC for the existing and proposed care facility will be, 620 Nursing Home.
B) AmOWlt of Gross Floor Area (Square feet)
The total gross floor area with the proposed addition to the nursing home is 42,100 SF.
The total gross floor area of the existing nursing home facility is 36,420 SF.
Table 1. Total Post Conditions
Nursing Home with Proposed Addition LUC 620 (Based on GF A)
For Turn-Lane Analysis
X = 42.1
Calculated Traffic Equation Entering Exiting
Daily Traffic = 257 T = 6.1O(X) 129(50%) 128(50%)
AM Peak Hour Traffic=16 T = 0.38(X) 8(50%) 8(50%)
PM Peak Hour Traffic=18 T = 0-42(X) 8(47%) 10(53%)
Note: The average rates were used for all of the above for because there were no Fitted Curve Equations
aJ'ailable.
Calculated Traffic Equation Entering Exiting
DaiIv Traffic = 222 T = 6.1O(X) 111(50%) 111(fiO%)
AM Peak Hour Traffic=14 T = 0.38(X) 7(50%) 7(50%) .
PM Peak Hour Traffic=15 T = 0.42(X) 7(47%) 8(53%)
Table 2. Existing Nursing Home LUC 620 (Based on GFA)
X = 36.4
Table 4. Net New Trips
Calculated Traffic Entering Exiting
Daily Traffic = 35 18 17
AM Peak Hour Traffic=2 1 1
PM Peak Hour Traffic=3 1 2
3
Agenda Item No. 17 A
June 23. 2009
Page 46 of 75
Trip Distribution and Traffic Study Area (Net New)
Figure 2. Distribution
-=
~
~
~)J
Pine Ridg
Z
...J
..J
..J
~
0::
o
o
Di
o
r~ __
r I
I
4
=
=
No 17 A
Agenda Item23 2009
June , 5
Page 47 of 7
Peak Hour
Figure 3. AM ;
XX%
XX Enter
XX Exit
-j
~
a::
o
~
D~
CJ
~ -- r f "I
- PM Peak Hour
Figure 4.
~
r f
')
--
d S ments
Table 4. Impacte eg
5
Agenda Item No. 17 A
June 23, 2009
Page 48 of 75
ID # Segment Service BT TB PT RC L
Volume
67.2 PUle Ridge Road 3,730 3,030 523 1 175 E
Livingston Rd. to 1-75
ill BT= Background Traffic (Existing)
e TB= Trip Bank
., RC= Remaining Capacity
.. PT= Project Trips
. LOS= Level of Service
Consistency
The maximum impact to the first link:
1 PT to Link #67.2., 1/3,730 = 0.03%
0.03% < 2%,
Therefore, consistency is met and while this is a di minimis impact, no further analysis is
required.
Build-out Horizon
The build-out year of this proj ect is expected to be 2009. Therefore, we shall look at the
plamling horizon of 2013.
Table 5. . 5 - Year Historical Growth
St. #
5-yr
Avg.
Hist.
Growth
Impacted Segment Rate
Pine Ridge Rd
W. of Logan Blvd.
Note: 5-Yr Avg. historic growth rate calculated using Collier County 2007 Average Daily Traffzc
"'Station #628 is closer to the site, but there is a lack of datafor that station.
600
Table 6. 2013 Horizon Background Traffic
Peak Direction/Hour 2007 A UIR
5-}T Avg. 2007 2013+
Hist.
Road Segment Grovvth AUIR 2008 2009 2010 2011 2012 Project
Rate Total Trips
Pine Ridge Road 1.00%* 3,030 3,060 3,091 3,122 3,153 3,185 3,217
Livingston Rd. to 1-75
*A 5-Yr Avg. historic growth rate of 1% was used to project thefuture conditions of the roadway because
0.07% was too small.
Therefore, even with the addition of this project's trips and the application of the 5 year average
historic grovvth rate, there is still capacity remaining on the roadway segment after the five year
horizon.
Turn Lane Analysis
6
Agenda Item No. 17A
June 23, 2009
Page 49 of 75
By analyzing Table 1 of the trip generation, we can see that the ma:>..imum number of vehicles
entering the site, via right turn, during the peak hours is 8. The warrant for a right turn lane on
a two lane roadway is 40 turning movements or more. Therefore, this site does not trigger a
right turn lane. There will be virtually no traffic entering the site from the south end of
'Whippoorvvill, so no left turn lane will be required.
Area '.vide Traffic Study of Pine Ridge RoadjWhippoorwill Lane Intersection
This traffic study was referenced in order to determine how many trips were allotted to Hospice
of Naples when the intersection analysis was performed. The subject area wide study has been
attached and will show that there were 23 AM peak hour trips and 22 PM peak hour trips
accounted for in the study. This trip generation does not match the area wide study by Vanasse
& Daylor, but the trip generation is more appropriate and is Vlithin the limits. If you compare
this to Table 1 in this study, full build out conditions, you will see that the trip generation yields
16 AM peak hour trips and 18 PM peak hour trips. Therefore, we are consistent with the area
wide study.
Conclusion
This site improvement will have a de minimis impact to the surrounding roadway system. There
will be no noticeable effect to the current roadway system due to the construction of this
community facility. Additionally, there is remaining capacity on the roadway network while its
growth rate remains sluggish. .
7
Agenda Item No. 17 A
June 23,2009
Page 50 of 75
DAVIDSON
ENGINEERII"-lG
ENVIRONl\1ENTAL IMPACT STATEl\1ENT (EIS)
Proj ect:
A VO\V HOSPICE OF NAPLES
SECTION 18 TO\\lNSHIP 49 SOUTH) RANGE 26 EAST
APPROXIMATELY 15.25 ACRES
Presented to:
COLLIER COUNTY
E~~RO~~NTALSER~~CESDEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
January 15) 2008
May 14) 2008
August 12, 2008
3530 Kraft Road, Suite #301 . Naples, Florida 34105 . Phone: 239.434.6060 . Fax: 239.434.6084
www.davidsonenaineerinQ.com
Davidson Engineering, Inc.
ENVIRONMENTAL IMPACT STATEMENT
Agenda Item No. 17 A
June 23, 2009
Page 51 of 75
AVOW HOSPICE OF NAPLES
Environmenta} Impact Statement (EIS)
Page 2 of 25
10.02.02 Submittal Requirements for All Applications
a. Applicant information.
i. Responsible person who wrote the EIS and his/her education and job
related environmental experience.
The author oftbis Environmental hnpact Statement is:
Jeremy Sterk, B.S., Biology
Davidson Engineering, Inc.
3530 Kraft Road, Suite 301
Naples, Florida 34105
Phone: 239-434-6060
Email: ieremv@davidsonenfrineering.com
Jeremy Sterk has over 13 years of professional environmental experience in Southwest
Florida.
A resume for Jeremy Sterk is included as Exhibit 1.
ii. Owner(s}!agent(s} name, address, phone number & e-mail address.
Owner:
A..
Licettscd If') Care
wow for Collier COlml)' since 1983
(J HOSPICE.
AVOW Hospice of Naples, Inc.
1095 Whippoorwill Lane
Naples, FL 34105
Agent:
Tim Hancock, AICP
Davidson Engineering, Inc.
3530 Kraft Road, Suite.301
Naples, Florida 34105
Phone: 239-434-6060
Email: tim@davidsonenlrineering.com
b. Mapping and support graphics.
i. General location map.
Agenda Item No. 17 A
June 23, 2009
Page,52 of 75
AVOW HOSPICE OF NAPLES
Environm~ Impact Statement (EIS)
Page 3 of25
PROJECT LOCATION: The Hospice of Naples property is located approximately ~
mile south of Pine Ridge Road, immediately west of \Vhippoorwill Lane in Section 18
Township 49 South, Range 26 East, in Collier County, Florida
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THE IMMEDIATE AREA OF HOSPICE
NORTH:
Kraft Corporate Plaza
WEST:
Brynwood Residential Development
SOUTH:
Analucia Residential Development
EAST:
Whippoorwill Lane \ The Reserve at Naples Condominiums
ii. Native habitats and their boundaries identified on an aerial photograph
of the site extending at least 200 feet outside the parcel boundary.
This does not mean the applicant is required to go on to adjoining
properties. Habitat identification consistent with the Florida
Department of Transportation Florida Land Use Cover and Forms
Classification System (FLUCCS) shall be depicted on an aerial
photograph having a scale of one inch equ~l to at least 200 feet when
available from the County. Other scale aerials may be used where
appropriate for' the size of the project, provided the photograph and
Agenda Item No. 17 A
June 23, 2009
Page 53 of 75
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Environmenta! Impact Statement (EIS)
Page 4 of25
overlays are legible at the scale provided. A legend for each of the
FLUCCS categories found on-site shall be included on the aerial.
Native communities were mapped according to the Florida Department of Transportation
Florida Land Use Cover and Forms Classification System (FLUCCS) and their
boundaries are depicted on the attached FLUCCS maps. The maps are included as the
following exhibits:
Exhibit 2: 8.5"xll" 2007 aeIial at a scale of 1"=200>
Exhibit 3: 8.5" X 11" sheet with only FLUCCS mapping (no aerial)
Exhibit 4: 24"x36" 2007 aerial at 1 '>=100'
All three maps detail FLUCCS mapping within 200 feet of the property boundary. This
additional mapping outside the boundary of the project was done through aerial
interpretation.
iii. Topographic map and existing drainage patterns if applicable. Where
possible, elevations within each of FLUCCS categories shall be
provided.
Site elevations vary from approximately 7.0 feet NGVD at the edge of the pond to 13.5
feet NGVD on the developed portions of the property. Currently drainage appears to be
to the south and southwest. See attached survey from Rhodes & Rhodes that includes
topographic information. It is included as Exhibit 5. There are multiple elevations in
each FLUCCS community.
iv. Soils map at scale consistent with that used for the Florida Department
of Transportation Florida Land Use Cover and Forms Classification
System determinations.
Soils lines have been digitized from the Natural Resources Conservation Service (NRCS)
map of Collier County. A map detailing the soil types found on the subject property is
included as Exhibit 6.
The Natural Resource Conservation Service (NRCS) maps two soils types on the
property:
NRCS 03, Malabar fine sand> limestone substratum (listed as hydric)
NRCS 16, Oldsmar fine sand (listed as non-hydric)
Specific details for each soil type are below:
NRCS 14-Pineda fine sand, limestone substratum.
This soil is nearly level and poorly drained. The surface layer is dark gray fine sand. The
subsurface layer is light brown-gray fine sand. The permeability is slow or very slow.
According to NRCS, typical vegetation might include slash pine> cypress, cabbage pahn,
and saw palmetto.
NRCS 16-Boca fine sand
This soil is generally level and poorly drained. The surface layer is gray-brown fine
sand. The subsurface layer is fine sand. The permeability is slow or very slow.
According to NRCS, this soil is generally found in flatwoods and typical vegetation
might include slash pine) cabbage palm, and saw palmetto.
Agenda Item No. 17 A
June 23, 2009
Page 54 of 75
A vow HOSPICE OF NAPLES
Environmental Impact Statement (EIS)
· Page 5 of25
v. Proposed drainage plan indicating basic flow patterns, outfall and off-
site drainage.
See proposed CFPUD Master Concept Plan provided by Davidson Engineering, included
as Exhibit 7.
vi.
Development plan including phasing program,
and proposed public facilities, and
transportation network in the impact area.
service area of
existing and
existing
proposed
See proposed CFPUD Master Concept Plan provided by Davidson Engineering, included
as Exhibit 7.
Public Facilities: Public facilities are already in place in the vicinity of the Hospice
property. Hospice of Naples is not proposing construction of any additional public
facilities.
Traffic Network: Pine Ridge Road is located approximately 1/4 of a mile north of the
Hospice Property and will be the road corridor to which the property connects. The
connection is made by way of Whippoorwill Lane, which is existing and fronts the
Hospice property. Hospice is not proposing any additional transportation network
changes other than internal roads within the site.
vii. Site plan showing preserves on-site, and how they align with preserves
on adjoining and neighboring properties. Include on the plan locations
of proposed and existing development, roads, and areas for stormwater
retention, as shown on approved master plans for these sites, as well
as public owned conservation lands, conservation acquisition areas,
major flow-ways and potential wildlife corridors.
The proposed CFPUD Master Concept Plan is attached as Exhibit 7.
There are small preserves located to the west and north of the Hospice propelty. Hospice
intends to preserve the single freshwater wetland on its property which abuts the western
offsite preserve provided by Brynwood.
The property is not adjacent to any public owned conservation lands, conservation
acquisition areas, major flow-ways, or potential wildlife corridors.
viii. For properties in the RLSA or RFMU districts, a site plan showing the
location of the site, and land use designations and overlays as
identified in the Growth Management Plan.
Agenda Item No. 17 A
June 23, 2009
Page 55 of 75
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Enviromnental Impact Statement (ErB)
. Page 6 of25
Not Applicable. Hospice is not located in the RLSA or the RFMU.
c. Project description and GMP consistency determination.
i. Provide an overall description of the project with respect to
environmental and water management issues.
CURRENT PROJECT DESCRIPTION
This petition seeks to convert ::1:15.25 acres of land zoned Community Facility (CF) and
Agricultural (AG) to Community Facility PUD (CFPUD) for the future expansion of the existing
Hospice use. The property is bound by Whippoorwill Lane to the east. The current Hospice
property is 10.45 acres and is fully constructed\in operation. The current application seeks to
add 4.80 acres of land to the facility for a total of 15.25 acres. The additional 4.8 acre parcel is
currently zoned agricultural, but contains a residential home.
ENVIRONMENTAL ISSUES:
Due to the high degree of development both on the subject properties and the general area,
environmental issues on the Hospice parcel are very minor. Below is a discussion of the various
environmental issues on the Hospice property:
FLORIDA PANTHER:
The Hospice property lies outside the USFWS current (and fonner) "Panther Focus Area". The
property is surrounded by development and is west of Interstate 75. The panther focus area map
is found below. The location of the Hospice site is indicated on the map to illustrate that it falls
outside the focus area. According to the Florida Panther Effect Determination Key, the site does
not require consultation because it falls outside the focus area and it will not change vehicular
traffic patterns.
~blEa.""r"'.....
!rIIIDt llorl'lVSfWS
b"'d~Uajl"llIlh~ ffl+c:ll)tftJ~_..IIC.,
:p.....~fr;..
f),vc~S~XZl Panther Focus Area
IZ':=J Primary Zone
IS:] Secondary Zone
rm Dispersal Zone
nnrn Primary Disp.ersall Expansion AfeEl
.- - - i Original panthe.. Consult#tion Area
I - - - I South of the CaloosahatchM RIver
[:==J SFESO Service Area
~?'*,~~lE\~ Dlspersai Pathway~ {Thatcher 2&06)
o
10 211 ::0 <0
o
ZJ <<J fll
eo N
fllMllor J.,
lilarnetm ~
Agenda Item No. 17A
June 23, 2009
Page 56 of 75
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Environmental Impact Statement (EIS)
, Page 70f25
BIG CYPRESS FOX SOUIRREL:
No Big Cypress Fox Squirrels or signs of fox squirrels were observed during the protected
species survey.
LISTED PLANT SPECIES:
Several Wild Pine (Tillandsia spp.) were observed.
WETLANDS:
An existing borrow pond is found on the property. There is a small area immediately west of the
lake that does appear to exhibit wetland conditions. A formal wetland jurisdictional has been
completed by the SFWMD.
NATIVE VEGETATION:
The original SDP for the Hospice property was amended in 2002. As part of this SDP
amendment, 0.17 acres of native vegetation were to be provided. This preserve was provided in
a linear manner along the south property line. With the addition of 4.80 acres, the required native
vegetation to be provided on the 15.25 acre Hospice property is 0.30 acres. 0.88 acres existing
native vegetation X 15% = 0.13 acres. 0.17 acres previously provided + 0.13 acres additional =
0.30 acres. The native vegetation requirement is being met by providing a 0.30 acre preserve in
the southwest corner of the site. The preserve will include the 0.22 acre wetland and a
contiguous 0.08 acre area adjacent to the lake. This prevents a less functional split preserve
configuration. The entire 0.30 acr~s will be planted with trees and shrubs. The wetland in the
southwest corner is adjacent to the offsite FLUCCS 624 wetland provided by Brynwood and
diversifies that preserve by adding a different freshwater wetland component to the system.
WATER MANAGEMENT ISSUES\DESCRlPTION:
The following is a description of the proposed water management system:
The project site is located in Section 18, Township 49 S, Range 26 E of Collier County Florida.
The existing site is comprised of a series of dry detention basins and a control structure which
discharges into the onsite lake. This lake discharges via an earthen berm to an existing preserve
behind the Andalusia housing subdivision and migrates to the 1-75 canal via the Kensington
CanaL The onsite lake was excavated as a borrow pit for the 1-75 construction. The peak
discharge rate from a design stonn will be limited to a 0.15 cubic feet per second/acre rate per
Collier County Ordinance No. 2001-27.
The entire site is located within a FEMA zone "XU with no base floor elevation specified.
The water management system for the project proposes the construction of a perimeter berm with
a crest elevation set at/or above the 25 year - 3 day peak flood stage. Water quality pre-trea1ment
is presently being used on the site for the existing facility and will be expanded to handle the
proposed development.
i i . Explain how the proj ect is consistent with each of the Obj ect i yes and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
Agenda Item No. 17 A
June 23, 2009
Page 57 of 75
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Environmentallmpact Statement (EIS)
Page 8 of25
Policy 2.2.2
In order to limit specific and cumulative impacts of stormwater run-off,
stormwater systems should be designed in such a way that discharged water
does not degrade receiving waters and. an attempt is made. to enhance the
timing, quantity and quality of fresh water to the estuarine system. Non-
structural methods such as discharge and storage in wetlands are encouraged.
The stormwater management system for the Hospice property has been designed according to
SFWMD roles and criteria. Issuance of the ERP by the SFWMD or approval of the water
IDarIagement system by Collier Cotintywill deem the project in compliance with this policy.
Policy 2.2.3
Chemical spraying for aquatic weed control should be conducted with extreme
caution. The use of appropriate biological and mechanical (use of harvesting
equipment to remove vegetation) controls in both the canal system and
stormwater detention ponds is encouraged. Manufacturers guidelines for
chemical use in aquatic habitat will be followed.
Any aquatic areas created in conjunction with this project will be subject to and will adhere to
this policy.
GlOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS
NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1
The County. shall protect native vegetative communities through the
application of minimum preservation requirements. The following policies
provide criteria to make this obj ecti ve measurable. These policies shall
apply to all of Collier County except for the Eastern Lands Study Area, for
which policies are required to be adopted by November I, 2002.
Policy 6.1.1
For the County's Urban Designated Area, Estates Designated Area, Conservation
Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial
District and Rural-Settlement Area District as designated on the FLUM, native
vegetation shall be preserved on-site through the application of the
following preservation and vegetation retention standards and criteria..
Hospice of Naples is a community facilities project in the Urban Designated Area and therefore
under current code would be subject to providing 15% of existing native vegetation as preserve.
The original SDP for the Hospice property was amended in 2002. As part of this SDP
amendment, 0.17 acres of native vegetation were to be provided. This preserve was provided in
a linear manner along the south property line. With the addition of 4.80 acres, the required native
vegetation to be provided on the 15.25 acre Hospice property is 0.30 acres. 0.88 acres existing
native vegetation X 15% = 0.13 acres. 0.17 acres previously provided + 0.13 acres additional =
Agenda Item No. 17 A
June 23, 2009
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Environmental hnpact Statement (EIS)
. Page 9 of25
0.30 acres. The native vegetation requirement is being met by providing a 0.30 acre preserve in
the southwest corner of the site. The preserve will include the 0.22 acre wetland and a
contiguous 0.08 acre area adjacent to the lake. This prevents a less functional split preserve
configuration. The entire 0.30 acres will be planted with trees and shrubs. The wetland in the
southwest corner is adjacent to the offsite FLUCCS 624 wetland provided by Brynwood and
diversifies that preserve by adding a different freshwa~er wetland component to the system.
SUPPLEMENTAL PLANTING PLAN FOR INDIGENOUS VEGETATION:
The entire 0.30 acre preserve will be planted with trees and shrubs. The groundcover strata is
adequate\recruiting and does not need to be supplemented. Exotic removal will take place prior
to planting. The ent:ll'e wetland area is at smtable grade for F ACW or OBL species.
0.30 acre wetland= 13,068 sq. ft.
TREES
Trees will be planted on 25 foot centers, but clustered to mimic natural conditions
13,068 sq. ft. /625 = 21 trees total
14 foot minimum size, 3" diameter at breast height (d.b.h.)
Species to be planted: (utilization of at least two species)
Red maple
Cypress
Laurel oak
Dahoon holly
SHRUBS
Shrubs will be planted on 15 foot centers, but clustered to mimic natural conditions.
13,068 sq. ft. 1225 = 58 shrubs
3 gallon minimum size
Species to be planted: (utilization of at least two species)
Wax myrtle
Buttonbush
Corkwood
PLANTING PLAN NOTES:
Survivability of planted material
The wetland planting area shall contain an 80% survival of planted vegetation and 80% coverage
of desirable native species.
Substitutions
Specific species chosen from the above lists will be subject to commercial availability.
Substitutions to the list will be submitted to Collier County staff for approval.
Exotic Vegetation
Exotic vegetation (as defmed by the latest exotic plant list published by the Florida Exotic Pest
Plant Council) will be removed from the planting area according to the preserve management
plan.
The above planting plan has been added to the Master Concept Plan.
Agenda Item No. 17 A
June 23, 2009
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Page 10 of25
Policy 6.1.4:
Prohibited invasive exotic vegetation shall be removed from all new
developments.
(1) Applicants for development permits. shall submit and implement plans for
invasive exotic plan removal and long-term control.
(2) Maintenance plans shall describe specific techniques to prevent re-
invasion by prohibited exotic vegetation of the site in perpetuity.
(3) The County shall maintain a list of prohibited invasive exotic
vegetation in the Land Development Code and update it as necessary.
The Hospice property does contain exotic and nuisance vegetation. Melaleuca and Brazilian
pepper are the species with the greatest presence. Exotic densities are generally low, however.
All exotics will be removed from the site according to the included Preserve Management Plan
(PMP), Exhibit 10. The site will be maintained free of exotic and nuisance vegetation in
perpetuity.
Policy 6.1.7:
The County shall require native vegetation to be incorporated into landscape
designs in order to promote the preservation of native plant communities and
to encourage water conservation.
Hospice of Naples will utilize native species for landscaping wherever possible, including
perimeter buffers.
Policy 6.1.8:
An Environmental Impact Statement (EIS) is required, to provide a method to
Objectively evaluate the impact of a proposed development, site alteration,
or project upon the resources and environmental quality of the project area
and community and to insure that planning and zoning decisions are made with
a complete understand of the impact of such decisions upon the environment,
to encourage projects and developments that will protect, conserve and
enhance r but not degrade r the environmental quality and resource's of the
particular project or development site, the general area and the greater
community.
Please refer to this document.
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and the natural functions of
wetlands. The following policies provide criteria to make this objective
measurable. These policies shall apply to all of Collier County except for
the Eastern Lands Study Area, for which policies are required to be adopted
by November 1, 2002.
Policy 6.2. ~:
As required by Florida Administrative Code 9JS-S.006(1) (b), wetlands
identified by the 1994-95 SFWMD land use and land cover inventory are mapped
on the Future Land Use Map series. These areas shall be verified by a
jurisdictional field delineation, subject to policy 6.2.2 of this element at
the time of project permitting to determine t.he exact location of wetland
boundaries.
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June 23, 2009
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< Page II of25
A formal wetland jurisdictional was completed by the SFWMD on February 13th, 2008. The
SF"W1\ID verified the limits of the 0.22 acre wetland on the property. There are no additional
wetlands. See email from Karen Allman of the SFW1\ID included as Exhibit 8.
A wetland identification map is included as Exhibit 9.
Policy 6.2.2:
Wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The
location of jurisdictional wetland boundaries are further described by the
delineation methodology in Section 373.421 Florida Statutes.
The property contains an existing pond (other surface water). In addition, there is a small area
west of the existing borrow pond that appears to be an "overflow" area adjacent to the western
shoreline that intermittently floods when the pond level gets high enough. It is dominated by a
variety of wetland grasses\sedges and has been classified as FLUCCS 641. A formal wetland
jurisdictional was completed by the SFWMD on February 13th, 2008. The SF\VMD verified the
limits of the 0.22 acre wetland on the property. There are no additional wetlands. See email
from Karen Allman of the SFW1v1D included as Exhibit 8. .
Policy 6".2.3:
Collier County shall implement a comprehensive process to ensure wetlands and
the natural functions of wetlands are protected and conserved.....Where permits
issued by such state or federal agencies allow for impacts to wetlands within
the Urban and Estates designated areas and require mitigation for such
impacts, this shall be deemed to preserve and protect wetlands and their
functions...
The Hospice property does contain a small wetland, but it is not proposed for impact.
Po1icy 6".2.4:
Within the Urban Designated area, the County shall rely pn the wetland
jurisdictional determinations and requirements issued by the applicable
jurisdictional agency...
A formal wetland jurisdictional was completed by the SFWMD on Pebruary 13th, 2008. The
SFWMD verified the limits of the 0.22 acre wetland on the property. There are no additional
wetlands. See email from Karen Allman of the SFW1v1D included as Exhibit 8.
Agenda Item No. 17 A
June 23, 2009
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Policy 6.2.6:
Within the Urban Designation and Rural Fringe Mixed Use District, [required]
wetland preservation, buffer areas, and mitigation areas shall be dedicated
as conservation and common areas in the form of conservation easements and
shall be identified and platted as separate, tracts; and, i.n the case of a
Planned Unit Development (PUD) , these areas shall also be depicted on the PUD
Master Plan._
The proposed preserve will be placed under a conservation easement at time of platting. All
preserves, buffers, and common areas 011 the Hospice Property will be maintained according to
the included Preserve Management Plan (Pill). It is included as Exhibit 10.
GOAL 7: THE COUNTY SHALL PROTECT AND CONSERV1& ITS FI:SHER.J:ES AND WI:LDLIFE.
OBJECTIVE 7. 1
The County shall direct incompatible land uses away from listed animal
species and their habitats. These policies shall apply to all of Collier
County except for the Eastern Lands Study Area, for which policies are
required to be adopted by November 1, 2002,
PoJ.icy 7.1.1
Incompatible land uses are- directed away from listed species and their
habitats by the following mechanisms:
(1) Conservation Designation on the Future Land Use Map
The overall purpose of the Conservation Designation is to conserve and
maintain the natural resources of Collier County and their associated
environmental, recreational and economic benefits. These areas have been
demonstrated to have high wildlife value. The allowed land uses specified in
the FLUE's Conservation Designation will accommodate limited residential
development and future non-residential development. These limitations help
direct many incompatible land uses away from listed species and their
habitats contained in this Future Land Use Designation. (Reference FLUE:
Future Land Use Designation, Description Section.)
(2) Big Cypress Area of Critical State Concern Overlay (ACSC)
The land development regulations contained in the ACSC Overlay district
provide standards that facilitate the goal of directing incompatible land
uses away from listed species and their habitats. (Reference FLUE: Future
Land Use Designation, Description Section.)
(3) Natural Resource Protection Areas (NRPAs)
The purpose of Natural Resource Protection Areas (NRPAs) is to support State
and Federal agencies' efforts to protect endangered or potentially endangered
species and. their habitats (Reference CCME: Objective 1.3). These areas
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Page 13 of 25
describe large I intact and relatively unfragmented habi tats important for
many listed species. Allowable land uses, vegetation preservation standards,
development standards, and listed species protection criteria within NRPAs
are specified in the FLUE. (Reference the FLUE for . the specific
requirements.) The NRPA Overlay is intended to direct incompatible land uses
away from listed species and their habitats.
(4) Sending Lands (Transfer of Development Rights)
Sending Lands are those lands that have a high degree of environmental value
and sensitivity and generally include wetlands, uplands, and habitat for
listed species. Due to their high environmental value, Sending Lands are
targeted for preservation and conservation either through acquisition or
through incentives for private property owners. Privatel~ owned lands within
the Rural Fringe Mixed Use District that have a Natural Resource Protection
Area (NRPA} Overlay are considered to be Sending Lands. Allowable land uses
within Sending Lands are specified in the FLUE: Future Land Use Designation,
Description Section, B. Rural Fringe Mixed Use District. These limitations
help direct many incompatible land uses away from listed species and their
habitats.
(5) Habitat Stewardship Areas (HSAs)
Listed animal and plant species and their habitats shall also be protected
throu~h the establishment of Habitat Stewardship Areas (HSAs) within the RLSA
Overlay. HSAs are privately owned agricultural areas, which include areas
with natural characteristics that make them suitable habitat for listed
species and areas without these characteristics. These latter areas are
included because they are located contiguous to habitat and help form a
continuum of landscape that can augment habitat values. The Overlay provides
an incentive to permanently protect HSAs' by the creation and transfer of
Credits resulting in the elimination of incompatible uses and the
establishment of protection measures.
(6} All other policies supporting Objective 7.1 of this element.
Not Applicable. The site will have no negative effect on Conservation Areas~ ASCS's, NRPAs,
Sending Lands, or HSAs.
Policy 7.1.2:
Within areas of Collier County I excluding the lands contained in the RLSA
Overlay, non-agricultural development, excluding individual single family
residences, shall be directed away from listed species .and their habitats by
complying with the following guidelines and standards:
(1) A wildlife survey shall be required for all parcels when listed species
are known to inhabit biological communities similar to those existing on site
or where listed species are directly observed on the site. The survey shall
be conducted in accordance with the requirements of the Florida Fish and
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Page 14 of2S
Wildlife Conservation Commission (FFWCC) and U. S. Fish and Wildlife Service
(USFWS) guidelines. The County shall notify the FFWCC and USFWS of the
existence of any listed species that may be discovered.
(2) Wildlife habitat management plans for listed species shall be submitted
for County approval. A plan shall be required for all projects where the
wildlife survey indicated listed species are utilizing the site, or the site
contains potential habitat for listed species. These plans shall describe how
the project directs incompatible land uses away from listed species and their
habitats.
(3) The County shall, consistent with applicable GMP policies, consider and
utilize recommendations and letters of technical assistance from the Florida
Fish and Wildlife Conservation Commission and recommendations from' the us
Fish . and wildlife Service in issuing development orders on property
containing listed species. It is recognized that these agency
recommendations, on a case by case basis, may change the requirements
contained within these wildlife protection policies and any such change shall
he deemed consistent with the Growth Management Plan.
See below for discussions of each guideline\standard:
(1) Wildlife Survey:
The most recent wildlife survey for the Hospice property is included as attac4ment to this EIS.
The species survey is included as Exhibit 11. See listed species section 10.02.02.4g.iii on page
21 for summary ofUsted species discussfons.
(2) \Vildlife ~1al1agement Plans:
No listed wildlife species were observed during the protected species survey therefore no
management plans beyond the attached preserve management plan are required. As discussed in
1 O.02.02.4g.iv below, the applicant is willing to relocate Tillandsia.
(3) Technical Assistance from FWC and USFWS:
No listed wildlife species were observed d'Qring the protected species survey and the property lies
outside the Panther Consultation Area. No technical assistance is required.
policy 7.1.4:
All development shall comply with applicable federal and state permitting
requirements regarding listed species protection.
No listed wildlife species were observed during the protected species survey
d. Native vegetation preservation.
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Page 15 of25
i. Identify the acreage and community type of all upland and wetland
habitats found on the project site, according to the Florida Land Use
Cover and Forms Classification System (FLUCCS). Provide a description
of each of the FLUCCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and ground cover)
and vegetation dominance (dominant, common and occasional) .
The following FLUCCS communities are present on the subject property. See enclosed
FLUCCS mapping for specific locations.
Name: Single Family Residential
Code: FLUCCS 110
Acreage: 0.96 Acres
Description: There are two existing single family homes on the Hospice property.
Vegetation present is typical of a residential yard.
Name: Medical & Health Care
Code: FLUCCS 174
Acreage: 5.93 Acres
Description: This FLUCCS makes up the existing Hospice facility and includes
buildings, parking, detention areas, & landscaping.
Name: Disturbed Pine Flatwoods
Code: FLUCCS 4119
Acreage: 1.41 Acres
Description: This community is dominated by slash pine in the canopy. It constitutes the
undeveloped portions of the single family parcels. It includes a combination of native
and landscape vegetation. The canopy is dominated by slash pine. Other vegetation
present includes bahia, ficus, Brazilan pepper, ear leaf acacia, Poinciana, coconut palms,
melaleuca, live oak, cabbage palm. Generally the understory of this area is actively
mowed and maintained.
NAME
STRATUM
COMMON
NA11E
411- Pine Flatwoods
Common
Pinus elliotti
Sabal palmetto
Urena Zobata
Bahia
Toxicodendron radicans
Occasional
Arecastrum romanzoffianum
M elaleuca quinquevervia *
Schinus terebinthifolius*
Delonix regia
Ficus aurea
Acacia aunculifonnis *
*invasive exotic
pine (slash pine)
cabbage palm
Caesar weed
bahia grass
poison ivy
Queen palm
melaleuca
Brazilian pepper
royal poinciana
strangler fig
earleaf acacia
canopy
canopy
ground cover
groundcover
vine
canopy
canopy
mid-story
canopy
canopy
mid-story \ canopy
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Name: Freshwater Marsh
Code: FLUCCS 641
Acreage: 0.22 Acres
Description: This community is located adjacent to the west shore of the borrow pond. It
appears to be an "overflow" area when the pond fills to a sufficient height. Vegetation.
present includes torpedo grass, maidencime~ broomsedge, hydro cottle, love vine, willow,
and melaleuca.
NAME
COMMON
NAME
STRATUM
641 - Freshwater Marsh
Common
Amphicarpum muhlenbergaianim
Panicum repens*
Andropogon glomeratus
Hydrocottle
Dichromena
maidencalle
torpedo grass
broomsedge
doIlarweed
white top sedge
ground cover
ground cover
ground cover
groundcover
ground cover
Occasional
Cassytha filiform is
Salix carotiniana
Melaleuca qilinquevervia '"
love vine
willow
melaleuca
ground cover
mid-story
mid-story
*invasive exotic
Name: Disturbed Lands
Code: FLUCCS 740
Acreage: 0.40 Acres
Description: This community is the rear yards of the residential properties adjacent to the
borrow pond. Vegetation is dominated by bahia grass.
Name: Borrow Area (Existing Pond)
Code: FLUCCS 742
Acreage: 6.33 Acres
Description: This "other surface water" makes up the majority of the property. It is
predominately open water. The margins of the pond include vegetation such as willow,
hydro cottle, and torpedo grass. It was excavated as part of construction ofI-75.
Agenda Item No, 17 A
June 23, 2009
Paqe 66 of 75
AVOW HOSPICE OF NAPLES
Envil'Onmenta! Impact Statement (EIS)
Page 17 of25
ii. Explain how the project meets or exceeds the native vegetation
preservation requirement in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan, and Chapters 4 and 10
of the Land Development Code. Provide an exhibit illustrating such.
Include calculations identifying the acreage for preservation and impact,
per FLUCCS category.
The original SDP for the Hospice property was amended in 2002. As part of this SDP
amendment, 0.17 acres of native vegetation were to be provided. This preserve was provided in
a linear manner along the south property line. With the addition of 4.80 acres, the required native
vegetation to be provided on the 15.25 acre Hospice property is 0.30 acres. 0.88 acres existing
native vegetation X 15% = 0.13 acres. 0.17 acres previously provided + 0.13 acres additional =
0.30 acres. The native vegetation requirement is being met by providing a 0.30 acre preserve in
the southwest corner of the site. . The preserve will include the 0.22 acre wetland and a
contiguous 0.08 acre area adjacent to the lake. This prevents a less functional split preserve
configuration. The entire 0.30 acres will be planted with trees and shrubs. The wetland in the
southwest corner is adjacent to the off site FLUCCS 624 wetland provided by Brynwood and
diversifies that preserve by adding a different freshwater wetland component to the system.
SUPPLEMENTAL PLANTING PLAN FOR INDIGENOUS VEGETATION:
The entire 0.30 acre preserve will be planted with trees and shrubs. The groundcover strata is
adequate\recruiting and does not need to be supplemented. Exotic removal will take place prior
to planting. The entire wetland area is at suitable grade for F ACW or OBL species.
0.30 acre wetland= 13,068 sq. ft.
TREES
Trees will be planted on 25 foot centers, but clustered to mimic natural conditions .
13,068 sq. ft. / 625 = 21 trees total
14 foot minimum size, 3" diameter at breast height (d.b.h.)
Species to be planted: (utilization of at least two species)
Red maple
Cypress
Laurel oak
Dahoon holly
SHRUBS
Shrubs will be planted on 15 foot centers, but clustered to mimic natural conditions
13,068 sq. ft. /225 = 58 shrubs
3 gallon minimum size
Species to be planted: (utilization of at least two species)
Wax myrtle
Buttonbush
Corkwood
PLANTING PLAN NOTES:
Agenda Item No. 17 A
June 23, 2009
AVOWHO~~6f~
Envil"OnmentaJ. Impact 'Statement (EIS)
Page 18 of25
Survivability of planted material
The wetland planting area shall contain an 80% survival of planted vegetation and 80% coverage
of desirable native species.
Substitutions .
Specific species chosen from the above lists will be subject to commercial availability.
Substitutions to the list will be submitted to Collier County staff for approval.
Exotic Vegetation
Exotic vegetation (as defined by the latest exotic plant list published by the Florida Exotic Pest
Plant Council) will be removed from the planting area according to the preserve management
plan.
The above planting plan has been added to the Master Concept Plan.
The following table provides a breakdown of each FLUCCS community in existing and
proposed conditions:
Existing Conditions Proposed Conditions
Entire Parcel Entire Parcel
FLUCCS Existing Existing Proposed Impact Preserve
Code Acreaee Percent Acreage Percent Percent
110 0.96 6.3% 0.00 100% 0%
174 5.93 38.9% 5.93 0% 100%
4119 1.41 9.3% 0.08 94.3% 5.7%
740 0.40 2.6% 0.40 100% 0%
641 0.22 1.4% 0.22 0% - 100%
742 6.33 41.5% 6.33 0% 100%
Totals: 15.25 100% I
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel (8) are' in compliance with the 25 year
rezone limitation -in policy 6.1.5 of the Conservation and Coastal
Management Element of the Growth Management Plan and Chapters 4 and 10
of the Land Development Code. For sites cleared prior to January 2003,
provide documentation that the parcel (s) are in compliance with the 10
year rezone limitation previously identified in the Growth Management
Plan and Land Development Code.
The site is partially developed as the Hospice facility and has never been used
agriculturally. A large part of the property was utilized as a source of fill material for the
construction of 1-75 by the Department of Transportation. This created the borrow lake
on the property. The lake is evident on both the NRCS soils map and the Belle Meade
Agenda Item No. 17 A
June 23, 2009
AVOW HOS~~@~5~
Environmental Impact S'tatement (ElS)
Page 19 of25
NW quad map produced by the USGS. A copy of the quad map with the site delineated
is included as Exhibit 12.
iv. Have preserves or acreage requirements for preservation previously been
identified for the site during previous development order approvals? If
so, identify the location and acreage of these preserves, and provide
an explanation if they are different from what is proposed.
The original SDP for the Hospice property was amended in 2002. As part of this SDP
amendment, 0.17 acres of native vegetation were to be provided. This preserve was
provided in a linear manner along ilie souili property line. With the addition of 4.80 acres,
the required native vegetation to be provided on the 15.25 acre Hospice property is 0.30
acres. 0.88 acres existing native vegetation X 15% = 0.13 acres. 0.17 acres previously
provided + 0.13 acres additional = 0.30 acres. The native vegetation requirement is being
met by providing a 0.30 acre preserve in the southwest corner of the site. The preserve
will include the 0.22 acre wetland and a contiguous 0.08 acre area adjacent to the lake.
This prevents a less functional split preserve configuration. The entire 0.30 acres will be
planted wiili trees and shrubs. The wetland in the southwest corner is adjacent to the
offsiteFLUCCS 624 wetland provided by Brynwood and diversifies that preserve by
adding a different freshwater wetland component to the system.
v. For properties with Special Treatment liST" overlays, show the ST
overlay on the development plan and provide an explanation as to why
these areas are being impacted or preserved.
The west 2/3 of the Hospice property is covered by a STIW-4 overlay. See included
zoning map attached as Exhibit 13. Hospice is not proposing' any use in this portion of
the property that is prohibited by the W-4 Overlay.
e. Wetlands.
i. Define the number of acres of Collier County jurisdictional wetlands
(pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management Plan) according to the
Florida Land Use Cover and Forms Classification System (FLUCCS).
Include a description of each of the FLUCCS categories identified on-
site by vegetation type (species), vegetation composition (canopy,
midstory and ground cover) and vegetation dominance (dominant, common
and occasional). Wetland determinations are required to be verified by
the South Florida Water Management District or Florida Department of
Environmental Protection, prior to submission to the County.
WETLANDS:
See attached Wetland rD map included as Exhibit 9.
Name: Freshwater Marsh
Agenda Item No. 17 A
June 23, 2009
. AVOW HOS~!391-&~
Environmental hnpactS't3tement (BIS)
Page 20 of25
Code: FLUCCS 641
Acrea~e: 0.22 Acres
Description: This community is located adjacent to the west shore ofthe borrow pond. It
appears to be an "overflow" area when the pond fills to a sufficient height. Vegetation
present includes tOlpedo grass, maidencane, broomsedge, hydrocottle, love vine, willow,
and melaleuca.
NAME
COMMON
NAME
STRATUM
641- Freshwater Marsh
Common
Amphicarpum muhlenbergaianim
Panicum repens.
Andropogon glomeratus
Hydrocottle
Dichromena
maidencane
torpedo grass
brooms edge
dollarweed
white top sedge
ground cover
ground cover
ground cover
groundcover
ground cover
Occasional
Cassytha filifonnis
Salix caroliniana
Melaleuca quinquevervia*
love vine
willow
melaleuca
ground cover
mid-story
mid-story
*invasive exotic
OTHER SURFACE WATER:
Name: Borrow Area (Existing Pond)
Code: FLUCCS 742
Acreage: 6.33 Acres
Description: This "other surface water" makes up the majority of the property. It is
predominately open water. The margins of the pond include vegetation such as willow,
hydrocottle, and torpedo grass. It was excavated as part of construction for 1-75.
ii. Determine seasonal and historic high water levels utilizing lichen
lines or other biological indicators. Indicate how the project design
improves/affects predevelopment hydroperiods. Provide a narrative
addressing the anticipated control elevation(s) for the site.
Site elevations vary from approximately 7.0 feet NOVD at the edge of the pond to 13.5
feet NGVO on the developed portions of the property. Currently drainage appears to be
to the south and southwest. The project control elevation for the existing Hospice facility
is 10.5' NGVD. The proposed control elevation for the expansion is 10.5' NOVD and is
based on the prior control elevation and biological indicators around the lake such as
water marks and vegetation contours.
Hi. Indicate the proposed percent of defined wetlands to be impacted and
the effects of proposed impacts on the functions of these wetlands.
Agenda Item No. 17 A
AVOW HO~e~ c?F\;~
EnVil'Onmentallmp1i(it1~Mk&h{l~
Page21of25
Provide an exhibit showing the location of wetlands to be impacted and
those to be preserved on - si te. Describe how impacts to wetlands have
been minimized.
N.A. No wetlands are proposed for impact.
iv. Indicate how the project design compensates for wetland impacts
pursuant to the Policies and Objectives in Goal 6 of the Conservation
and Coastal Management Element of the Growth Management Plan. For sites
in the RFMU district, provide an assessment, based on the South Florida
Water Management District's Uniform Mitigation Assessment Method that
has been accepted by either the South Florida Water Management District
or the Florida Department of Environmental Protection. For sites
outside the RFMU district, and where higher quality wetlands are being
retained on-site, provide justification based on the Uniform Mitigation
Assessment Method.
N.A. No wetlands are proposed for impact
f. Surface and ground water management.
i. Provide an overall description of the proposed water management system
e^~laining how it works, the basis of design, historical drainage
flow.:::, off-site flows coming in to the system and how they will be
incorporated in the system or passed around the system, positive
outfall availability, Wet Season Water Table and Dry Season Water
Table, and how they were determined, and any other pertinent
information pertaining to the control of storm and ground water.
Water Management System Issues \Description
The following is a description of the proposed water management system:
The project site is located in Section 18, Township 49 S, Range 26 E of Collier County
Florida. The existing site is comprised of a series of dry detention basins and a control
structure which discharges into the onsite lake. This lake discharges via an earthen berm
to an existing preserve behind the Andalusia housing subdivision and migrates to the 1-75
canal via the Kensington Canal. The onsite lake was excavated as a borrow pit for the 1-
75 construction. The peak discharge rate from a design storm will be limited to a 0.15
cubic feet per second/acre rate per Collier County Ordinance No. 2001-27.
The entire site is located within a FEl'v1A zone "X" with no base floor elevation specified.
The water management system for the project proposes the construction of a perimeter
benn with a crest elevation set at/or above the 25 year ~ 3 day peak flood stage. Water
quality pre-treatment is presently being used on the site for the existing facility and will
be expanded to handle the proposed development.
ii. Provide an analysis of potential water quality impacts of the project
by evaluating water quality loadings expected from the project (post
development conditions considering the proposed land uses and
stormwater management controls) compared with water quality loadings of
Agenda Item No. 17 A
AVOWHO~~~
Envu:omnental hnpacPSl&fe11;9(Ef~
· Page 22 of25
the project area as it exists in its pre- development conditions. This
analysis is required for projects impacting five (5) or more acres of
wetlands. The analysis shall be performed using methodologies approved
by Federal and State water quality agencies.
N.A. No wetlands are proposed for impact.
iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones
(WRM-ST) within the project area and provide an analysis for how the
project design avoids the most intensive land uses within the most
sensitive WRM-STs.
The west 2/3 of the Hospice property is covered by a STIW-4 overlay. See included
zoning map attached as Exhibit 13. Hospice is not proposing any use in this portion of
the property that is prohibited by the W-4 Overlay. The existing operation is covered by
the same overlay.
g. Listed species.
i. Provide a plant and animal species survey to include at a minimum,
listed species known to inhabit biological communities similar to those
existing on-site, and conducted in accordance with the guidelines of
the Florida Fish and Wildlife Conservation Commission and the U.S. Fish
and Wildlife Service. State actual survey times and dates, and provide
a map showing the location (s) of species of special status identified
on-site.
The most recent wildlife survey for the Hospice property is included as attachment to this
EIS (Exhibit 11 ). See the protected species survey for specific details. See the table in
item (B.) below for listed species which might reside in habitat similar to what exists on
this property. Because the existing Hospice campus makes up 10.45 acres of the site, the
protected species survey covers only additional southern parcel.
The survey was conducted on the following dates & times:
Start End #of Man
Date Time Time Personnel Hours Task
August 2, 2007 9:00am 11 :30am 1 2.5 Species Survey
Total 2.5
The following listed species were observed on the property during this survey:
Wading Birds
None
Other Birds
None
Mammals
None
Agenda Item No. 17 A
AVOWHO~~~
Environmental Im;fc{T~~n~tEIS)
Page 23 of25
Reptiles
None
Plants
The site does contain wild pine (Tillandsia fasciculate).
ii.
Identify all listed species
communities similar to those
directly observed on the site.
that are known to inhabit biological
existing on the site or that have been
Potential protected species list for the Hospice parcel according to FLUCCS category:
FLUCCS Potential Listed Species Scientific Name Desif!nated Status
FWC or USFWS
FDA
110 None - ~ ~
174 None - - -
4119 Beautiful Pawpaw Deeringothamnus pulchellus E E
Big Cypress Fox Squinel Sciurus niger avicennia T -
Eastem Indigo Snake Drymarchon cora is couperi T T
Fakahatchee Burmannia Burm01mia jlava E -
Florida Black Bear Ursus americanus floridanus T -
Florida Coontie Zamta jloridana C -
Florida Panther Felis concolor coryi E E
Gopher Frog Rana capito sse -
Gopher Tortoise Gopherus polyphemus sse -
Red-Cockaded Woodpecker Pica ides borealis T E
Satinleaf Chrysophyllum olivifonne E -
Southeastern American Kestrel Falco sparverius paulus T -
Common Wild Pille Tillandsia fasciculata E (FDA) -
Twisted Air Plant Tillandsiajlexousa E -
641 American Alligator Alligator mississippiensis sse T(S/A)
Everglades Mink Mustela vison evergladensis T -
Florida Sandhill Crane Grus canadensis pratensis T ~
Lilltle Blue Heron Egretta caerulea sse -
Limpkin Aramus guarauna sse -
Reddish Egret Eg1'etta rufescens sse -
Snail Kite Rorstrhamus sociabilis E E
Snowy Egret Egretta thula SSC -
Tricolored Heron Egretta tricolor SSC ~
Wood Stork A1ycteria americana E E
740 Burrowing Owl Speotyto cunicularia SSC -
Gopher Tortoise Gopherus polyphemus SSC -
Abbreviations:
Agencies
FWC=Florida Fish and Wildlife Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
Agenda Item No. 17 A
A vow Ho~513 ~~~~
Environmenta! Imif.?ci Gt!ilrienl\iiS)
Page 24 of 25
USFWS=UIlited States Fish and Wildlife Service
Status
E=Endangered
T=Tbreatened
T(S/A)=Tbreatened/Similarity of Appearance
SSC=Species of Special Concern
iii. Indicate how the project design minimizes impacts to species of special
status.
No listed wildlife species were observed during the protected species survey and the
project does not anticipate causing impacts to any. The project design incorporates the
existing borrow pond and freshwater marsh area to the west of it without impact or
disturbance. Listed plants will be relocated to the onsite preserve as indicated in (iv.)
below.
iv. Provide habitat management plans for each of the listed species known
to occur on the property. For sites with bald eagle nests and/or nest
protection zones, bald eagle management plans are required, copies of which
shall be included as exhibits attached to the POD documents, where
applicable.
LISTED PLANTS: The site does contain wild pine (Tillandsia fasciculate). Prior to
clearing the site will be re-surveyed for Tillandsia and other listed epiphytic plants such
as Florida Butterfly Orchids (Encyclia tampensis). Any individuals observed during the
survey that can be reasonably reached will be relocated to the FLUCCS 411 preserve area
on t.he property.
v. Where applicable, int..:lude correspondence r~ceived from the Florida Fish
and Wildlife Conservation Commission (FFWCC) and the U. S _ Fish and
Wildlife Service (USFWS), with regards to the project. Explain how the
concerns of these agencies have been met.
No listed wildlife species were observed during the protected species survey and the
property lies outside the Panther Consultation Area. No correspondence has been sought
or received.
h. Other.
i. For multi-slip docking fad 1 ities with ten slips or more, and for all
marina facilities, show how the project is consistent with the marina
siting and other criteria in the Manatee Protection Plan. ii. Include
the results of any. environmental assessments and/or audits of the
property. If applicable, provide a narrative of the cost and measures
needed to clean up the site.
Not Applicable. The project is not located adjacent to the Gulf of Mexico.
iii. For sites located in the Big Cypress Area of Critical State Cone ern-
Special Treatment (ACSC-ST) overlay district, show how the project is
consistent with the development standards and regulations established
for the ACSC-ST.
Agenda Item No. 17A
AVOW Ho~Gl3NAPm
Environmental lm~~~tEi&)
Page 25 of25
Not Applicable. The project is not located within the Big Cypress Area of Critical State
Concern.
iv. Soil sampling or ground water monitoring reports and programs shall be
required for sites that occupy old farm fields, old golf courses or for
which there is a reasonable basis for believing that there has been
previous contamination on site. The amount of sampling and testing
shall be determined by the Environmental Services staff along with the
Pollution Control Department and the Florida Department of
Environmental Protection.
The subject property is partially developed as the current Hospice facility. The majority
of the property is a borrow pond. There is no reasonable basis for believing there has
been previous contamination on the site.
v. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys
that have been conducted on the project area. Locate any known historic
or archaeological sites and their relationships to the proposed project
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
No historical or archaeological surveys have been conducted on the subject property;
however, a letter was submitted to the Division of Historical Resources requesting that
they review the Florida Master Site File. A response was received that states no
historical properties or significant historical resources are expected on the property. See
attached letter as Exhibit 14.
......
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice Is hereby given that on TUESDAYj'June 23,
20091 in the Boardroom, 3rd Floor, Administration
Builcing, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida, the Board of
County Commissioners will consider the enactment
of a County Ordinance.., The meeting will. com-
mence at 9:00 A.M. The title of the proposed Ordi-
nance is as follows: . . ,
,. I
"~;
~
AN ORDINANCE OF. THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER, COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOp.
MENT CODE WHICH ESTABLISHEO THE COMPREHEN-
SIVE ZONING REGULATIONS FOR THE UNINCORPO-
RATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP
OR MAPS BY CHANGING THE ZONING CLASSIFICA-
TION OF THE HEREIN'DESCRIBED REAL PROPERTY
FROM A COMMUNITY FACILITY ZONING. ,DISTRICT
AND AGRICULTURAL ZONING DISTRICT WITH WA-.
TERFRONT SPECIAL TREATMENT OVERLY TO A COM-
MUNITY FACILITY PLANNED USE DEVELOPMENT
(CFPUO) ZONING DISTRICT FOR. THE PROJECT
KNOWN AS AVOW HOSPICE CFPUD, LOCATED AT
1095 WHIPPOORWILL LANE, IN SECTION 18. TOWN-
SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, .
FLORIDA, CONSISTING OF 15.25 .+/. ACRES; AND BY
.. PROVIDING AN EFFECTIVE DATE.
Petition: PUDZ-200S-AR-12804, Avow Hospice Inc.,
represented by Tim Hancock, AICP, Of Davidson En-
gineering Inc., requesting a PUD Rezone from Com-
munity Facility' (CF) and Agricultural (A) Zoning ,
Districts with a ST/W-4 Wellfield risk management
special treatment overlay zone to. a Community Fa-
cility Planned Use DeveloPrnent (CFPUD) . zoning
district for a project to be known as' Avow Hospice '
CFPUD; The 15.25 +/. acres s~bject property is for.
the expansion of the exHltinQ t'iospice use. Tne sub,
ject property Is south of Pme R.idge Road at 1095
Whippoorwin Lane, In Section 18; Township 49
South and Range 26 East, Collier CO..Jnty. Florida.
Copies of the proposed Ordinance are on file with
the Clerk to the Board and are available for Inspec-
tion. All interested parties are invited to attend
and be heard.
NOTE: All persons wishing to speak on any agenda
item must register with the County admmistrator
prior to presentation of the agenda Item to be ad.
dressed. Individual speakers will be I.imited to 5
minutes on any Item. The selection of an individual
to speak ~n behalf of an organization or group is'
encouraged. If recognized by the Chairman, ct.
spokesperso!1 for a group or organization ,mat be',
allotted 10 minutes to speak on an Item....' "~.' r
Persons wishing to have written or graphic materi.
als included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective public hearing. In any case, written
materials intended to be considered by the Board
shall be submitted to the appropriate County staff
a minimum of seven da~s prior to the public hear-
Ing. AIi material used In presentations before the
Board will become a permanel"]tpart of the record.
Any person who decides to appeal a decision of the
Board will need a record of the proceedings per-
taining thereto and therefore, may need to ensure
that a verbatim record of the proceedings is made,
'~ which record includes the testimony and evidence
" upon which the appeal is based. '
If you are a person with a disability who needs any
accommodation In order to participate in this pro-
ceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
, Collier County Facilities Management Dep'artment,
located at 3301 Tamiami Trail East, BUilding W,
Naples,Florida 34112, (239)252.8380. Assisted lis-
tening devices for the hearing impaired are avail.
able in the County Commissioners' Office. '.' ,',"
""
:-
,t
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK .
By: Martha Vergara. Deputy Clerk
(SEAL)
June 7 '
t.JoIB0126R'
Agenda Item No. 17 A
June 23, 2009
Page 75 of 75